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HomeMy WebLinkAbout5/21/1996Cit C 0,011cl AGENDA Tuesday, May 21, 1996 6:34 P.M. Regular Meeting South Coast Air Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, California Mayor Mayor Pro Tem Council Member Council Member Council Member City Manager City Attorney City Clerk Eileen Ansari Bob Huff Clair W, Harmony Caro 1 Herrera 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 II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking, eating or drinking in the Council Chambers. I)I VION11 I; 1I; low, The City of Diamond Bar uses recycled paper and encourages you to do the same. PUBLIC INPUT The meetings of the Diamond Bur 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 an 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 prect f•t+on 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 a attacks against the entire City Council and will not be tolerated. If not complied with, you will forfeit your rear -fining time as ordered by the Chair. Your cooperation is greatly appreciated. In accordance with Government Code Section S49S4.3(s) the Chair may from time to time dispense with public comment on items previously considered by the Council. (Does not apply to Committee meetings.) In accordance with State Law (Brown Act), all matters to be acted on by the City Council must be posted at least 72 hours prior to the Council meeting. In case of e.u&tgc=y or when a subject matter arises subsequent to the posting of the agenda, upon making certain findings, the Council my ad an an item that is so an the posted agenda. CONDUCT IN THE CITY COUNCEL CHAMBERS The Chair shall order removed from the Council (umbers 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 broach of the pace, boisterous conduct or violent disturbance, tending to interrupt the due and orderly course of said meeting. C. Disobedience of any lawful order otihe Chair, which shall include an order to be sated or to refrain from addressins the Board; and D. Any other unlawful mL f&Qam with the due and orderly conduct of acid INFORMATION RELATING TO AGENDAS AND ACTIONS OF TEE 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 tapas are available for a nominal charge. ADA REQUIREMENTS A cordlm microphone is available for those persons with mobility impairments who cannot access the public gw1ring stns. Sign language interpreter services are also available by giving notice at least three business days in advance of the meeting. Please telepkv— (909) 860-2489 between 8 a.m. and S p.m. Monday through Friday. HELPFUL PHONE NUMBERS Copies of Agenda, Rules of the Council, Camtte Tapes of Meetings (909) 860-2489 Computer Accor to Agendas (909) 860-LJNE General Information (909) 860-2489 NOTE: ACTION MAY BE TAKEN ON ANY ITEM IDEN'raiw ON THE AGENDA. Next Resolution No. 96-32 Next Ordinance No. 03(1996) 1. CALL TO ORDER: 6:30 P.M. May 21, 1996 PLEDGE OF ALLEGIANCE: Mayor Ansari ROLL CALL: Council Members Harmony, Herrera, Werner, Mayor Pro Tem Huff, Mayor Ansari 2. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 2.1 Presentation of Certificate of Recognition to Randi Kim, Senior, Diamond Bar High School - for winning the 1996 Congressional Art Competition, "An Artistic Discovery." 2.2 Presentation of City Tile to Dianne Forbing for Service to the Community as Editor of the "Windmill." 2.3 Presentation of City Tile to Gilbert D. "Gil" Smith, Southern California Association of Governments (SCAG) Director, Government & Public Affairs Retiree. 3. PUBLIC COMMENTS: Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although 'the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is voluntary). There is a five minute maximum time limit when addressing the City Council. 4. SCHEDULE OF FUTURE EVENTS: 4.1 PARKS & RECREATION COMMISSION - May 23, 1996 - 7:00 p.m., AQMD Hearing Board Room, 21865 E. Copley Dr. 4.2 MEMORIAL DAY OBSERVANCE - May 27, 1996 - City Offices will be closed and will reopen Tuesday, May 28, 1996. 4.3 CITY COUNCIL MEETING - June 4, 1996 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. .rr Next Resolution No. 96-32 Next Ordinance No. 03(1996) 1. CALL TO ORDER: 6:30 P.M. May 21, 1996 PLEDGE OF ALLEGIANCE: Mayor Ansari ROLL CALL: Council Members Harmony, Herrera, Werner, Mayor Pro Tem Huff, Mayor Ansari 2. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 2.1 Presentation of Certificate of Recognition to Randi Kim, Senior, Diamond Bar High School - for winning the 1996 Congressional Art Competition, "An Artistic Discovery." 2.2 Presentation of City Tile to Dianne Forbing for Service to the Community as Editor of the "Windmill." 2.3 Presentation of City Tile to Gilbert D. "Gil" Smith, Southern California Association of Governments (SCAG) Director, Government & Public Affairs Retiree. 3. PUBLIC COMMENTS: Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although 'the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is voluntary). There is a five minute maximum time limit when addressing the City Council. 4. SCHEDULE OF FUTURE EVENTS: 4.1 PARKS & RECREATION COMMISSION - May 23, 1996 - 7:00 p.m., AQMD Hearing Board Room, 21865 E. Copley Dr. 4.2 MEMORIAL DAY OBSERVANCE - May 27, 1996 - City Offices will be closed and will reopen Tuesday, May 28, 1996. 4.3 CITY COUNCIL MEETING - June 4, 1996 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. MAY 21, 1996 5. CONSENT CALENDAR: PAGE 2 5.1 APPROVAL OF MINUTES - Regular Meeting of April 30, 1996 - Approve as submitted. Requested by: City Clerk 5.2 VOUCHER REGISTER - Approve Voucher Register dated May 21, 1996 in the amount of $298,645.54. Requested by: City Manager 5.3 JOINT RESOLUTION OF COUNTY OF LOS ANGELES BOARD OF SUPERVISORS, BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 21 AND THE CITY OF DIAMOND BAR REGARDING ANNEXATION NO. 647 - To receive off-site sewage disposal services, areas/property must annex to the Sanitation District. An applicant has requested that his/her property located within the City be annexed into County Sanitation Dist. 21. In order to bring an area/property into the Sanitation District, the District has the obligation to negotiate with agencies receiving ad valorem taxes generated in the subject area. Consequently, the L.A. County Sanitation District is requesting the City to execute two copies of a joint resolution approving and accepting negotiated exchange of property tax revenues resulting from annexation to County Sanitation Dist. No. 21. Currently, properties located in the Sanitation District, pay for the services and a portion of ad valorem property taxes is allocated to the District. The ad valorem property taxes that the City will share with the Sanitation District is based upon currently unrealized property taxes, due to the land being undeveloped. Recommended Action: It is recommended that the City Council approving the negotiated exchange of property tax revenues resulting from Annexation No. 647 to County Sanitation Dist. No. 21. Requested by: City Manager 5.4 JOINT RESOLUTION OF COUNTY OF LOS ANGELES BOARD OF SUPERVISORS, BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 21 AND THE CITY OF DIAMOND BAR REGARDING ANNEXATION NO. 631 - To receive off-site sewage disposal services, areas/property must annex to the Sanitation District. An applicant has requested that his/her property located within the City be annexed into County Sanitation Dist. 21. In order to bring an area/property into the Sanitation, the District has the obligation to MAY 21, 1996 PAGE 3 negotiate with agencies receiving ad valorem taxes generated in the subject area. Consequently, the L.A. County Sanitation District is requesting the City to execute two copies of a joint resolution approving and accepting negotiated exchange of property tax revenues resulting from annexation to County Sanitation Dist. No. 21. Currently, properties located in the Sanitation District, pay for the services and a portion of ad valorem property taxes is allocated to the District. The ad valorem property taxes that the City will share with the Sanitation District is based upon currently unrealized property taxes, due to the land being undeveloped. Recommended Action: It is recommended that the City Council approving the negotiated exchange of property tax revenues resulting from Annexation No. 631 to County Sanitation Dist. No. 21. Requested by: City Manager 5.5 RESOLUTION NO. 96 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE ENGINEER'S REPORT FILED PURSUANT TO SECTION 22623 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE WITH RESPECT TO THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 38; AND DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN LANDSCAPING MAINTENANCE WITHIN SAID DISTRICT FOR FISCAL YEAR 1996-97; AND FIXING A TIME AND PLACE FOR A HEARING OF OBJECTIONS THEREON - Pursuant to Council direction of March 5, 1996, staff prepared the Engineer's Report for District No. 38 for the 1996-97 Fiscal Year. Said report was prepared pursuant to the provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highway Code of the State. Recommended Action: It is recommended that the City Council approve the Engineer's Report, adopt Resolution No. 96 -XX to declare the City's intention to levy and collect assessments for District No. 38 and direct the City Clerk to advertise the public hearing before the Council at the second regular meeting of June, 1996. Requested by: City Engineer 5.6 RESOLUTION NO. 96 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE ENGINEER'S REPORT FILED PURSUANT TO SECTION 22623 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE WITH RESPECT TO THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 39; AND DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN MAY 21, 1996 PAGE 4 LANDSCAPING MAINTENANCE WITHIN SAID DISTRICT FOR FISCAL YEAR 1996-97; AND FIXING A TIME AND PLACE FOR A HEARING OF OBJECTIONS THEREON - Pursuant Council direction of March 5, 1996, staff prepared the Engineer's Report for District No. 39 for the 1996-97 Fiscal Year. Said report was prepared pursuant to the provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highway Code of the State of California. Recommended Action: It is recommended that the City Council approve the Engineer's Report, adopt Resolution No. 96 -XX to declare the City's intention to levy and collect assessments for District No. 39 and direct the City Clerk to advertise the public hearing before the Council at the second regular meeting of June, 1996. Requested by: City Engineer 5.7 RESOLUTION NO. 96 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE ENGINEER'S REPORT FILED PURSUANT TO SECTION 22623 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE WITH RESPECT TO THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 41; AND DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN LANDSCAPING MAINTENANCE WITHIN SAID DISTRICT FOR FISCAL YEAR 1996-97; AND FIXING A TIME AND PLACE FOR A HEARING OF OBJECTIONS THEREON - Pursuant to Council direction of March 5, 1996, staff prepared the Engineer's Report for District No. 41 for the 1996-97 Fiscal Year. Said report was prepared pursuant to the provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highway Code of the State of California. Recommended Action: It is recommended that the City Council approve the Engineer's Report, adopt Resolution No. 96 -XX to declare the City's intention to levy and collect assessments for District No. 41 and direct the City Clerk to advertise the public hearing before the Council at the second regular meeting of June, 1996. Requested by: City Engineer 5.8 APPROVAL OF 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 - In February, Council approved a cost- sharing agreement with the City of Walnut to retain the law firm of Burke, Williams & Sorensen for special legal services for the proposed Materials Recovery Facility in MAY 21, 1996 PAGE 5 the City of Industry. Recently, the City received notice that the firm's lead Special Counsel, Colin Lennard, has accepted an offer to become an equity partner in the law firm of Fulbright & Jaworski. The cities could continue their contractual relationship with Burke, Williams & Sorensen or decide to solicit additional proposals for special legal services. However, staff believes that it would be advantageous to have Mr. Lennard continue his work because he has specialized in the practice of environmental and land use law for the past twenty years and is completely familiar with the legal issues related to this project. Recommended Action: It is recommended that the City Council approve and authorize the City Manager to: (1) provide written notice of termination to Burke, Williams & Sorensen; and (2) enter into a cost-sharing agreement with the City of Walnut, in an amount not -to -exceed $15,000, to retain Fulbright & Jaworski to provide special legal services related to the proposed Material Recovery Facility in the City of Industry. Requested by: City Manager 5.9 RESOLUTION NO. 96 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING AMENDMENT TO PATHFINDER BRIDGE WIDENING - In order for the State of California Department of Transportation to pay for additional construction costs of $4,199.67 for the Pathfinder Rd. Widening Project, Agreement No. 1 (District Agreement No. 4004 A-1) will need to be amended. Per actual field conditions, additional work was needed to repair an erosion damaged slope on the east side of Pathfinder Bridge, do additional paving and install one detector loop. The State has agreed to pay for the additional work at an agreed cost of $4,199.67. Recommended Action: It is recommended that the City Council adopt Resolution No. 96 -XX approving the amendment to and execution of Agreement No. 1 (District Agreement No. 4004 A-1). Requested by: City Engineer 5.10 INCREASE IN CONTRACT AMOUNT FOR SPECIAL LEGAL SERVICES - Council previously authorized monies for special legal services related to Oak Tree Lanes v. D.B. litigation and the Days Hotel TOT delinquency lawsuit. Mr. Montgomery has been retained as Associate Attorney to represent the City in these matters. Due to the length an complexity of the Oak Tree Lanes litigation and costs related MAY 21, 1996 PAGE 6 thereto, a request for additional monies is necessary to complete the representation of the City regarding the Days Hotel litigation. Recommended Action: It is recommended that the City Council authorize an additional $3,500 for special legal services related to the Days Hotel Transient Occupancy Tax (TOT) lawsuit. Requested by: City Manager 5.11 EXTENSION OF CONTRACT FOR MAINTENANCE OF EIGHT (8) CITY PARKS - At their meeting of June 15, 1993, Council awarded a contract to Accurate Landscape & Maintenance Corp., in an amount of $102,600 for the period of July 1, 1993 through June 30, 1994, for maintenance of eight (8) City parks. The contract allows Council to extend the contract on an annual basis, up to five times, if an extension is deemed to be in the best interest of the City. The contract was previously extended by the City on August 16, 1994 in the amount of $102,600 for the period of July 1, 1994 through June 30, 1995 and again on April 18, 1995 for the period of July 1, 1995 through June 30, 1996. Under terms of the contract, the contractor is normally entitled to a C.P.I. adjustment on the extension. Accurate Landscape has agreed to forego this adjustment for 1996/97, as it has done for the last two years. After three years of servicing this contract, Accurate Landscape has proven to be excellent at completing the detailed work that the specifications require under the terms of this contract. Recommended Action: It is recommended that the City Council approve extension of the contract with Accurate Landscape & Maintenance Corp. for maintenance of eight (8) City Parks for FY 1996/97 in an amount not to exceed $102,600. Requested by: Community Services Director 5.12 EXTENSION OF WEED/LITTER ABATEMENT CONTRACT WITH LANTERMAN DEVELOPMENT CENTER - For the past six years, the City has contracted with Lanterman Developmental Center for supplemental weed and litter abatement services. The contract calls for 10.8 miles of public right-of-way litter abatement three times a month for $839.44 per month and weed abatement in a variety of areas once per month for $2,136.38 for four months. This contract provides for service in areas of the City that are known to accumulate litter more rapidly than other areas and for weed control in the public right-of-way in MAY 21, 1996 PAGE 7 areas not serviced by other contracts. Also, Lanterman Developmental Center has the flexibility to allow the City to substitute emergency work for regularly -scheduled work areas on an as -needed basis at no additional cost. Recommended Action: It is recommended that the City Council approve extension of the contract with Community Industries Lanterman Developmental Center for supplemental weed and litter abatement for FY 1996/97 for a total contract amount of $16,483. Requested by: Community Services Director 5.13 EXTENSION OF CITY-WIDE STREET TREE MAINTENANCE CONTRACT - On July 5, 1994, Council awarded a contract to West Coast Arborists, Inc. in the amount of $45,000 for City-wide street tree maintenance. The first year of the contract was from July 1, 1994 through June 30, 1995. The contract allows Council to extend the contract on an annual basis if an extension is deemed to be in the best interest of the City. At the April 18, 1995 meeting, the contract was extended for the period of July 1, 1995 through June 30, 1996, in the amount of $45,000. West Coast Arborists, Inc. has done an excellent job servicing the City's tree maintenance needs. The firm has agreed to forego a C.P.I. increase for the 1996/97 FY contract. Recommended Action: It is recommended that the City Council approve extension of the contract for City-wide street tree maintenance to West Coast Arborists, Inc., in the amount not to exceed $45,000 for FY 1996/97. Requested by: Community Services Director 5.14 EXTENSION OF GRAFFITI REMOVAL CONTRACT WITH GRAFFITI CONTROL SYSTEMS - On May 18, 1993, Council awarded a contract to Graffiti Control Systems in the amount of $16,590 ($30 per site), for supplemental graffiti removal through June 30, 1994. The contract allows the City to extend the contract on an annual basis and adjust the quantity of work to serve the best interest of the City. On August 16, 1994, Council extended the contract for FY 1994/95, in the amount of $20,000 (666 sites). On April 18, 1995, Council again extended the contract for the 1995/96 FY, in the amount of $25,000 (833 sites). There were a total of 1,026 sites of graffiti removed in the 12 months of May 1995 to April 1996. After three years of servicing this contract, Graffiti Control Systems has proven that they can satisfactorily perform the specifications of the contract. The firm has agreed to forego a C.P.I. increase to extend the contract for MAY 21, 1996 PAGE 8 1996/97 FY. Recommended Action: It is recommended that the City Council approve extension of the contract with Graffiti Control Systems for graffiti removal for FY 1996/97 in an amount not to exceed $30,000 ($30 per site/1,000 sites). Requested by: Community Services Director 5.15 EXTENSION OF WEED CONTROL/SIDEWALK AND PARKWAY MAINTENANCE CONTRACT - On September 1993, Council awarded a contract to Landscape West, Inc. in the amount of $54,742, to provide weed control along parkways and to clean sidewalks located in the public right-of-way. The first year of the contract began on October 1, 1993 and continued through September 30, 1994. On August 16, 1994, Council extended the contract from October 1, 1994 through September 30, 1995. At the April 18, 1995 meeting, the contract was extended for the period of July 1, 1995 through June 30, 1996 at the original contract amount. The contract allows the Council to extend the contract on an annual basis, for a maximum of five times, if an extension is deemed to be in the best interest of the City. An extension for the 1996/97 FY will be the third extension. Recommended Action: It is recommended that the City Council approve extension of the contract with Landscape West, Inc. for weed control/sidewalk and parkway maintenance for FY 1996/97 in an amount not to exceed $55,750. 5.16 EXTENSION OF CONTRACT FOR MAINTENANCE OF LIGHTING & LANDSCAPE DISTRICT NO. 38 - On April 4, 1995, Council awarded a contract to Mariposa Horticultural Enterprises, Inc. in the amount of $38,400 for the maintenance of Lighting & Landscape District No. 38 for the period of July 1, 1995 through June 30, 1996. The contract allows Council to extend the contract on an annual basis if an extension is deemed to be in the best interest of the City. Under the terms of the contract, the contractor is entitled to a C.P.I. adjustment on the extension. Mariposa has requested a C.P.I. adjustment for the 1996/97 FY. The Consumer Price Index as of April 30, 1996, stood at 1.9%. Staff believes that the annual cost of $38,400 for this service is very competitive. Recommended Action: It is recommended that the City Council approve extension of the contract with Mariposa Horticultural Enterprises, Inc. for maintenance of Lighting & Landscape District No. 38 for FY 1996/97, MAY 21, 1996 PAGE 9 including the 1.9% Consumer Price Index increase, in an amount not to exceed $39,129.60. 5.17 EXTENSION OF CONTRACT FOR MAINTENANCE OF LIGHTING & LANDSCAPE DISTRICT NO. 39 - On July 25, 1995, Council awarded a contract to Accurate Landscape & Maintenance Corp., in the amount of $73,080 for maintenance of Lighting & Landscape Dist. No. 39 for the period of July 1, 1995 through June 30, 1996. The contract allows the Council to extend the contract on an annual basis if an extension is deemed to be in the best interest of the City. Accurate Landscape & Maintenance Corp. has proven that they can satisfactorily perform the specifications of the contract. Under the terms of the contract, the contractor is normally entitled to a C.P.I. adjustment on the extension. The firm has agreed to forego this adjustment for 1996/97 in an amount not to exceed $73,080. RECOMMENDED ACTION: It is recommended that the City Council approve extension of the contract with Accurate Landscape & Maintenance Corp. for maintenance of Lighting & Landscape District No. 39 for FY 1996/97 in an amount not to exceed $73.080. Requested by: Community Services Director 5.18 EXTENSION OF CONTRACT FOR MAINTENANCE OF LIGHTING & LANDSCAPE DISTRICT NO. 41 - On April 4, 1995, Council awarded a contract to Landscape West Inc., in the amount of $35,400 for maintenance of Lighting & Landscape Dist. No. 41 for the period of July 1, 1995 through June 30, 1996. The contract allows Council to extend the contract on an annual basis if an extension is deemed to be in the best interest of the City. Landscape West, Inc. has proven that they can satisfactorily perform the specifications of the contract. Under the terms of the contract, the contractor is entitled to a Consumer Price Index adjustment on the extension. Landscape West, Inc. has agreed to forego this increase for the 1996/97 FY. Recommended Action: It is recommended that the City Council approve extension of the contract with Landscape West, Inc. for maintenance of Lighting & Landscape Dist. No. 41 for FY 1996/97 in an amount not to exceed $35,400. Requested by: Community Services Director MAY 21, 1996 0 7. a PUBLIC HEARINGS: PAGE 10 6.1 RESOLUTION NO. 96-01(A): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE CITY'S COMIUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR FISCAL YEAR 1996-97 - On January 9, 1996, Council approved the 1996- 97 Community Development Block Grant (CDBG) Program. At the public hearing, Council requested that staff further investigate the proposed Del Paso High School Library Technician Program, for eligibility and possible CDBG funding. The proposed program is eligible, based upon individual student verification. In addition, due to the success of the Senior Emergency Preparedness Program conducted by the American Red Cross, it is recommended that the program be funded for an additional year. Recommended Action: It is recommended that the City Council open the Public Hearing, take testimony, close the Public Hearing and adopt Resolution No. 96-01(A) approving the City's Community Development Block Grant Program for FY 1996-97 and authorize the City Manager to execute all CDBG documents required for implementation of the program. Requested by: City Manager OLD BUSINESS: None NEW BUSINESS: 8.1 ORDINANCE NO. 0X)1996): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE DIAMOND BAR MUNICIPAL CODE TO ADOPT A TRUANCY ORDINANCE AND PROVISIONS FOR THE RECOVERY OF COSTS OF ENFORCEMENT FROM TRUANTS AND THEIR PARENTS - At the request of Mayor Pro Tem Huff, staff has researched the truancy Ordinance adopted by the City of Walnut in order to adopt similar provisions for the City. Adoption of these provisions will enable the Walnut Sheriff Station to enforce truancy violations in a uniform manner throughout the Walnut Valley Unified School District. The proposed Ordinance has been reviewed by Lt. Stothers of the Walnut Sheriff and includes changes suggested to the City of Walnut by the Sheriff. Recommended Action: It is recommended that the City Council waive full reading and approve first reading, by title only, of the proposed Ordinance adopting truancy provisions. Requested by: Mayor Pro Tem Huff MAY 21, 1996 PAGE 11 8.2 (A) RESOLUTION NO. 96 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY DIAMOND BAR AUTHORIZING ACCESS TO SALES AND TAX RECORDS PURSUANT TO REVENUE AND TAXATION CODE SECTION 7056 AND REPEALING RESOLUTION NO. 90-9. (B) RESOLUTION NO. 96 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING ACCESS TO SALES AND TAX RECORDS PURSUANT TO REVENUE AND TAXATION CODE SECTION 7056 (ECONOMICS RESEARCH ASSOCIATES) and, AGREEMENT FOR SALES TAX EXAMINATION AND REVIEW SERVICES - On April 2, 1996, the D.B. Redevelopment Agency approved an agreement with Economics Research Associates (ERA) regarding performance of economic development -related services. We have found it will be useful and necessary for ERA to have access to the sales tax information of individual business. The California Revenue & Taxation Code requires that such information be released and made available only to officials and contractors authorized by resolution of the City Council to receive it. In the case of contractors, there must also be an agreement of confidentiality in place. Recommended Action: It is recommended that the City Council (1) adopt Resolution No. 96 -XX authorizing access to Sales and Tax Records pursuant to Revenue and Taxation Code Section 7056 and Repealing Resolution No. 90-9; (2) approve an agreement with ERA for Sales Tax Examination and Review Services; and (3) adopt Resolution No. 96 -XX Authorizing access to Sales and Tax Records pursuant to Revenue & Taxation Code Section 7056 (Economics Research Associates). Requested by: City Manager 8.3 RESOLUTION NO. 96 -XX: A RESOLUTION OF THE CITY COUNCIL APPROVING THE PARTICIPATION IN THE LOS ANGELES URBAN COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND AUTHORIZING THE MAYOR TO EXECUTE THE COOPERATION AGREEMENT BETWEEN LOS ANGELES COUNTY AND THE CITY OF DIAMOND BAR - The U.S. Department of Housing and Urban Development (HUD) regulates the Community Development Block Grant Program. To be eligible to receive CDBG funding, a City must either be an eligible metropolitan city or be a participating City in an Urban County Program. The City qualifies as a "metropolitan city", based on a population of over 50,000 and can attain entitlement status effective July 1, 1997. The City may also continue to participate in the Los Angeles Urban County CDBG program. To continue to participate in the Urban County program, the City must execute a Cooperation Agreement by May 31, 1996 for a three year cycle, July 1, MAY 21, 1996 RECESS: PAGE 12 1997 to June 30, 2000. The City has been participating in the Urban County program since July 1991. In May 1993, the City elected to defer entitlement status and remain with the L.A. Urban County CDBG program as a participating City. Recommended Action: It is recommended that the City Council adopt Resolution No. 96 -XX approving partici- pation in the L.A. Urban County Community Development Block Grant program. Requested by: City Manager 9. SPECIAL MEETING - DIAMOND BAR REDEVELOPMENT AGENCY 9.1 CALL TO ORDER: Chairman Werner ROLL CALL: Ansari, Harmony, Herrera, Vice Chairman Huff, Chairman Werner 9.2 VOUCHER REGISTER - Approve Voucher Register in the amount of $3,664.42. 9.3 ADJOURNMENT: 10. COUNCIL SUB -COMMITTEE REPORTS: 11. COUNCIL C014ENTS: 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. 12. ANNOUNCEMENTS: 13. CLOSED SESSION: a. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - (G.C. Section 54956.9) - Property: Lots 92/93 - Tentative Tract Map. 32400 Brea Canyon Rd. (Arciero Property) Negotiating Parties: Under Negotiations: Arciero & Sons Price and terms of sale b. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - (Subdivi+sion (a) of Section 54956.9) MAY 21, 1996 PAGE 13 Name of Case: Nick Anis, Jr., Patricia A. Anis v. Clair W. Harmony, et al Case No. KC 022762 C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION - (G. C. Section 54957 - Title: City Manager Evaluation 14. ADJOUR4II1ENT : CITY OF DIAMOND BAR NOTICE OF PUBLIC 1[EETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF DIAMOND BAR ) The Diamond Bar City Council will hold a Regular Meeting at the AQMD Auditorium, located at 21865 E. Copley Drive, Diamond Bar, California at 6:30 p.m. on May 21, 1996. I, LYNDA BURGESS declare as follows: I am the City Clerk in the City of Diamond Bar; that a copy of the agenda for the Regular Meeting of the Diamond Bar City Council, to be held on May 21, 1996 was posted at their proper locations. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this Notice and Affidavit was executed this 17th day of May, 1996, at Diamond Bar, California. /s/ Lynda Burgess Lynda Burgess, City Clerk City of Diamond Bar SPECIAL MEETING NOTICE NOTICE I8 HEREBY GIVEN that the Diamond Bar Redevelopment Agency will hold a special meeting on Tuesday, May 21, 1996, at 8:00 p.m., for the purpose of the following: 1. VOUCHER REGISTER - Approve Voucher Register in the amount of $3,664.42. SAID MEETING will be held at the AQMD Auditorium, located at 21865 E. Copley Dr., California 97165. The public is invited to attend. All interested parties may be present and be heard. Further information is available by calling as. Lynda Burgess, City Clerk, at telephone number (909) 860-2489. DATED: May 17, 1996 /s/ Lynda Burgess Lynda Burgess, City Clerk City of Diamond Bar VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK �J FROM: ADDRESS:\ ORGANIZATION: Dr • AGENDA #/SUBJECT: �Ad-)� J DATE: S1 "7dq) PHONE: 3 --;L 5 I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature TO: FROM: ADDRESS: ORGANIZATION VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: CITY CLERK =5P CIOLitx. �► iC_hATE: T)'((2M0Ac PHONE: Ivd � 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 u TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: CITY CLERK R e ( (AA L- / �-- S a `{o/f9%J�5e2- 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. vz-e�,- Signature TO: FROM: ADDRESS: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL CITY CLERK %-V (c4 Z L DATE:' 2 I R PHONE: 5R4- Q1) ORGANIZATION: 1 �� AGENDA#/SUBJECT: I) 1��� ��°�'�a° �.12�1 Z� U ��a Al 1 \ 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 iiEOUEST TO ADDRESS TME CITY COUNCIL I/ I TO: CITY CLERK FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: DATE: 5 -z % — 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. Sign re VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL u TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: CITY CLERK I- \A, I S� t aha c.rvF V1 DATE: S, �) q 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 u TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: CITY CLERK 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 Congressman Jay //�I� News Release 435 Cannon House Ofoe SuildinS 1131 Wat 61h Strum Suite 160A 18200 Yorba Linda Boulevard WashiuSCon, DC 20515 Ontario, CA 91762 Yofa Linda, CA 92686 (202) 225-3201 (909) 918 -loss (714) 572-8594 f OR I<MM _ni#.TF Rlrlr EASE CONTACT: C. BRUCE ALLEN MAY 3,1996 (202) 225-3201 KIM ANNOUNCES WINNERS IN CONGRESSIONAL ART COMPETITION WASHINGTON, DC -- U.S. Representative Jay Kim (R -41 -CA) today announced that Randi Kim, a senior at Diamond Bar High School and Joseph Lee, a student at Upland High School, have won the 1996 Congressional Art Coif... don, "An Artistic Discovery." The competition is an annual nationwide art contest open to High School students and initiated by Members of the House of Representatives in their Districts. Winning entries are displayed both in the Capitol and the Congressman's District office. In announcing the competition winners, Congressman Kim said, 'This competition provides the public and myself the opportunity to encourage and recognize the rich artistic talents of young Americans at a time when money for local cultural organizations arts -in -education programs is tight. Both Randi and Joseph have done some Impressive work that should be shared with and enjoyed by a much larger audience." This is the 15th Anniversary of this Competition. The contest was conducted locally in the 41 st District by Congressman Kim and his serif under broad guidelines set forth by the House of Representatives. Each Representative has the opportunity to have one award-winning artwork displayed at the U.S. Capitol in Washington, D.C. to represent his or her District. Randi Kim's untitled oil painting of a horse will hang in Congressman. Kim's Ontario ofte. Joseph Lee's untitled oil pastel soesczpe will hang in the Cannon tunnel leading into the United States Capitol. Both pictures will be displayed for the next ten months. The annual competition is open to high school students only. Each entry must be an original concept, two dimensional artwork. "I congratulate Joseph and Randi on this achievement This will be an outstanding exhiI hope that everyone in the 41st District who has the opportunity will take advsntage of these displays in Ontario and Washington." said Kim. Editor of Windmill 1981-1996 Red Cross, Pomona Valley Board Member President Diamond Chamber 1989 SEC 1985 President Miss Diamond Bar Beauty Pageant 1993 President Diamond Bar YMCA Board 1990 Board Member Diamond Bar High School Brahma Foundation 1996 Brahma Booster Board Member Member Diamond Bar Lioness Club Member Walnut Valley Rotary Community Club Board Member Evergreen & Quail Summit Schools SIP Council Member Evergreen School Sunday School Teacher & Member Northminster Presbyterian Church YMCA person of the year 1987 Chairperson Green & Gold Dinner Cal Poly Associates Cal Poly Chamber person of the year 1993 Served on several Political Campaign Committees Charter Member Diamond Bar Republican women Membership Chair of DBIA Member Diamond Bar Sister City, Inc Member Diamond Bar Historical Society FEBRUARY 23, 1996 A r� N !i Avc Pickets Staff Photo/Mikael Elis Protesters gathered outside a meeting aimed at defeating Measure D, the General Plan lnitiative. General Plan Draws Protest MIKAEL ELLIS Staff Writer A strategy and fund-raising meeting to defeat Measure D, an initiative slated for election, was held recently by the Diamond Bar Caucus and the Baldy View Chap- ter of the Building Industry Asso- ciation. Several City Council members attended the invitation -only meet- ing — including Carol Herrera, Gary Werner, and Bob Huff — while a small group of citizens and Councilman Clair Harmony gath- ered outside in protest. When Herrera emerged from the meeting, held at the Building In- dustry Association headquarters, she surveyed the parking lot. "Are the riffraff still out there?" Herrera said. Nobody answered. Proponents of the initiative seek to replace the current general plan with one that will require land -use, map, and deed restriction changes to be approved by citizen vote. "It's very puzzling to me why three City Council people would oppose a measure like this, at a meeting with an association called the Diamond Bar Caucus and the Building Industry Association," said protester Max Maxwell. Indeed, Harmony notified the state attorney general of a possible - Brown Act violation." The Brown Act requires political bodies to hold open meetings. After the meeting adjourned, several of the invited guests cited concerns about lost business rev- enues, litigation costs due to incon- sistencies within the initiative document, and the expense of del- egating land -use decisions to the voters. Frank Williams, executive of- ficer of the Building Industry As- sociation compared the hotly de- bated measure to a Redlands ini- tiative that passed voter approval. "They had one building permit last year, for a residential unit in that city, because of the no - growth, no -sense initiative," Wil- liams said. The Building Industry Associa- tion facilitates the needs of the construction industry, including group insurance programs, legal services, political lobbying, and the annual Building Industry Trade Show. MINUTES OF THE CITY COUNCIL CITY OF DIAMOND BAR 40+ ADJOURNED REGULAR MEETING OF THE APRIL 30, 1996 14P 1. CALL TO ORDER: Mayor Ansari called the meeting to order at 6:40 p.m., in the AQMD Auditorium, 21865 E. Copley, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member Harmony. 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, Public Works Director; James DeStefano, Community Development Director; Bob Rose, Community Services Director and Lynda Burgess, City Clerk. 2. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC.: 2.1 Proclaimed May 11, 1996 as "Letter Carriers' Food Drive Day." 2.2 Proclaimed May, 1996 as "Goodwill Month." 2.3 COMMUNITY PERSON OF THE MONTH: 2.3.1 Presented a Certificate of Recognition to Greg Kim, Olympic Torch Carrier. 2.3.2 Presented a Certificate of Recognition to Carole Scanlon for being awarded the CTA American Indian and Alaskan Human Rights Award and her efforts with the American Indians. 2.4 Introduced Rose Manela, newly appointed Asst. Civil Engineer. M/Ansari announced that as of Friday, May 17, 1996, the City will be losing Troy Butzlaff, who has taken a job with the City of Indian Wells. Asst. to CM/Butzlaff confirmed that he had formally resigned and stated that he had enjoyed working with Council and staff but that his new position would place him nearer to his family. 2.5 Peter Chang, District Division Chief of Construction CalTrans District 7, stated that in response to an inquiry by the City Council and the concern from the public, representatives from CalTrans is here to respond to the HOV Rt. 57 Project. Mr. Change went on to introduce Ron Kozinski, Environmental Planning. He introduced Ernie Ardellas, Office Chief and resident Engineer for the project and liaison between the public and staff when there are questions. Mr. Chang displayed a map of the future HOV lane which will extend from the northbound Rt. 60/57 interchange south to Lambert Rd. in Brea. The contract is funded by MTA and OCTA. In order to construct an HOV lane in the median, major on and off ramp modifications must be done to shift the land. The major work for the on/off ramp modification is separated APRIL 30, 1996 PAGE 2 into two stages: Detour Plan Stage 1A currently under construction and then Detour Stage 1 B. Stages 1A and 1 B are expected to be completed before the end of 1996. He explained that Detour Plan Stage 1A. would include the southbound side of Brea Canyon Cut-off on ramp which is currently closed. For the detour, traffic can go from Brea Canyon Cut-off to Pathfinder Rd. and use that on-ramp. Southbound, Brea Canyon Rd off -ramp is closed. On the northbound side, Brea Canyon Rd. on-ramp is closed, the detour would be D.B. Blvd. northbound on-ramp. D.B. Blvd. off -ramp is closed with the next exit at Pathfinder Rd. Work on the on/off ramps normally takes approximately six months, however, CalTrans has cut the project to two months. Following this work, the next ramps that will be closed will be Pathfinder Rd. on-ramp. Regarding Detour Stage 1 B, he stated that the southbound bound on-ramp from Pathfinder Rd. and off - ramp northbound Rt. 57 to Pathfinder Rd. will be closed. Also, the D.B. Blvd. on-ramp southbound off and northbound out, the opposite side of those two ramps will be closed. After the two stages are complete, the ramp will be open to traffic while the contractor continues to work on the freeway median area. In response to C/Werner, Mr. Chang stated that from the planning stage to the construction stage takes approximately two years. C/Werner stated that he didn't recall any public meetings within the past two years to announce the project and identify local concerns. Further, in looking at the plans, it appeared as though CalTrans is not concerned about the impact on local traffic patterns. Ron Kozinski, also from CalTrans, stated that approximately in 1991, CalTrans did some scoping meetings and public notices on this project. They then went through the environmental process through 1992, conducted a lot of noise readings and air quality studies and a variety of other studies. In 92-93, a meeting was held at the AQMD wherein CalTrans solicited public input and the City's concerns were then addressed in the final EIR, which was done in late 93. CalTrans Design Department then designed the project and the plans were completed when funding finally became available. Through the entire process, there was minimum discussion for the potential and length of detours. It was acknowledged in the environmental document that there would be detours and closures, but they were not very specific. He suggested that CalTrans and City staff sit down together and figure out what can be done to alleviate the traffic problem being caused by the freeway construction. M/Ansari expressed concern that notification should have been sent to the public and the City much sooner than they were. Mr. Kozinski apologized for the short notice that had been given to the City regarding the on/off ramp closures. APRIL 30, 1996 PAGE 3 C/Herrera stated that she had received a lot of calls from the public regarding the construction of soundwalls and asked for the exact locations of them. Mr. Kozinski displayed an aerial photograph showing the soundwalls to be constructed on the east side of the freeway from D.B. Blvd. to Cold Spring Rd. An existing wall runs along the residential property from D.B. Blvd. and terminates at Trigger Ln. will be extended to the vacant area. The reason that the wall was not extended past Cold Spg. Ln. is that the criteria for a soundwall is to have a 67 dB reading or higher which would be reduced by 5 dBs with the average cost per house at $35,000. The area in question did not warrant consideration of a soundwall. C/Herrera asked how the data could be considered current if the reading were taken four years ago. Mr. Kozinski stated that the readings could be obtained again; however, the test was conducted during a 24 hr. period utilizing the LAQ equivalent which means they take the highest ten minute to 1 hr. reading. He further stated that two staff members had been in the area around 9 or 10 a.m. today to take 10 minute readings to see if they were relatively close to previous readings. In response to C/Herrera, Mr. Kozinski stated that the readings could be conducted at rush hour and if they are above 67 dB, CalTrans would have to look into amending the contract to add a sound wall from Cold Spg. to some location by the high school and find about $200,000. Mr. Chang stated that since this contract is funded by MTA and OCTA, any additional scope of work would have to have their Boards' approval. C/Herrera expressed concern about the timeliness of getting a reading as soon as possible so that if the area does qualify for a soundwall, requests will be put into all the appropriate agencies to gain approval so all of the construction can be done at one time. Mr. Kozinski stated that CalTrans can take readings either Thursday or Friday of this week, at locations chosen by Council with Councilmembers in attendance. C/Harmony advised that he had received complaints from residents in the "triangle area" where Rt. 57 ties into Rt. 60 and asked CalTrans to look at noise levels there since the freeway appears to be level with the neighborhood. Mr. Kozinski agreed that readings could be taken in that area as well. He further stated that the environmental document took into consideration three separate projects: this project; improvement on Rt. 60; and the HOV lanes from Brea Canyon Cut-off to Phillips Ranch to match up with the APRIL 30, 1996 PAGE.4 HOV lanes coming in from San Bernardino County. Soundwalls are proposed at these other locations but some walls are being removed because of the topography. CMerner suggested that if the outside lanes are being moved closer to the homes, noise readings should be taken 12 feet away from the actual property lines of homes. Mr. Kozinski stated that would be appropriate and that he is sure that CalTrans staff takes that into consideration when they set up the equipment. Craig Clute expressed concern about how much the sound levels will go up on the other side of the freeway after the soundwall is constructed Further, he was concerned about temporary stop signs and closures of on/off ramps. He asked for the scope of the three projects that were discussed and the time frame for each project. Mr. Kozinski explained that they would take new readings at the areas described by Mr. Clute, specifically around Cold Spring, Sunbright and Fountain Spgs. He further stated there is no demonstrated measurable way to prove that the noise level goes up from being bounced off a soundwall. In response to C/Herrera, Mr. Chang stated that bid opening for the Rt. 60 project from L.A. County/San Bernardino County Line to Rt. 57/Rt. 60 interchange HOV lane is sometime this week. He further stated that CalTrans recognizes the impact to the traveling public as well as the lack of public information and have already taken some mitigation measures. He reported that the Public Information Office will be in San Dimas instead of downtown L.A. and will be responsible for preparation of advanced public notification and making sure that it is distributed to the City as well as the to traveling public in advance of any coming closure. Many information signs will be installed along the streets, specifically, Brea Canyon Rd., Pathfinder Rd. and D.B. Blvd. with larger lettering so that they can be seen more clearly. CalTrans has also asked the contractor to lease a changeable message sign board to be placed in advance of any ramp closure three days in advance. Further, CalTrans staff is working with City staff to modify some of the signal timing to provide the maximum left turn movement, however, there are a few that are under the jurisdiction of the City of Brea and County of L.A. and will have to work with them to modify these. Lastly, he stated that they will work with City staff to address any concerns or issues that may surface and try to solve them. Also in responses to C/Herrera, Mr. Chang stated that completion dates for Stage 1A and Stage 1 B would be before the end of 1996. C/Harmony explained that the area he spoke about is near Via Sorrella and Golden Spgs. right at the interchange. APRIL 30, 1996 PAGE 5 Mr. Chang indicated that CalTrans would look into the area. CM/Belanger asked about the linear cost per foot for soundwalls. Mr. Kozinski stated that he didn't have that figure; however, they use a $1 million per mile figure. C/Werner stated that it was $1,000. per foot. CM/Belanger stated that there are three projects going on at the same time, and asked if CalTrans is coordinating their projects in such a way that there is an overlap and reported that the impact of all of them will be on the City. He suggested that, when working with staff, CalTrans try to coordinate the information related to the other projects and on the impacts that will occur as a result. C/Werner reported that, at the Grand Ave. exit near the 56/60 interchange, there is a sign directing traffic through D.B. to Chino Hills. Removal of the sign would help mitigate some of the traffic. Mr. Chang stated that he was not familiar with it, but would check into it. MPT/Huff stated that the logical place to put the sign would be down by Chino Hills Parkway. Mr. Kozinski suggested that if the City write to CalTrans asking for the sign to be removed. Martha Bruske asked if an anti -graffiti spray could be placed on the soundwalls. She asked Council to address the problem with freeway noise and indicate to CalTrans where and when to take the readings of the noise, as well as be in attendance, when readings are taken. Ernie Schute, 2623 Sunbright Dr., stated that freeway noise is an issue that needs to be addressed. He invited CalTrans to take the noise readings from his backyard. 3. PUBLIC COMMENTS: Belinda Faustino, Deputy Executive Officer, Wildlife Corridor Conservation Authority, stated that she was in attendance this evening to speak in favor of the Resolution on the agenda tonight. At the request of C/Herreora, Ms. Faustino stated that the National Heritage Measure that is being considered will provide a mechanism for identifying heritage areas nation wide, that are a recognition that is not quite a national recreation area but gives recognition of an area. The Puente/Chino Hills area is one of the only areas on the west coast that is being considered for nomination. As part of the Wildlife Corridor Conservation Authority efforts, they have determined that there is a significant amount of cultural heritage that needs to be brought to the attention of the general public along with the wildlife corridor aspects. Terry Birrell stated that she was concerned about the upcoming Closed Session regarding negotiation of property for Lots 92 and 93 and that there is no APRIL 30, 1996 PAGE 6 solicitation of public comments. She then commented on the Appraisal done by American Appraisal Associates of the City's computer hardware and software donations. Craig Clute asked who was responsible for the trees at the Grand Ave./Rt 57 interchange because there must be 2 dozen that are either dead or down, and asked that they be better maintained. 4. SCHEDULE OF FUTURE EVENTS: 4.1 City Council Meeting - May 7, 1996 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 4.2 Traffic & Transportation Commission - May 9, 1996 - 7:00 p.m., AQMD Hearing Board Room, 21865 E. Copley Dr. 4.3 Planning Commission - May 13, 1996 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 4.4 City Council Meeting - May 21, 1996 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5. CONSENT CALENDAR: C/Werner moved, C/Harmony seconded to approve the Consent Calendar with the exception of Items 5.6, 5.9 and amendment to Item 5.4, Voucher Register in the amount of $127.08. 5.1 APPROVAL OF MINUTES: 5.1.1 Regular Meeting of April 2, 1996 - Approved as submitted. 5.1.2 Regular Meeting of April 16, 1996 - Approved as submitted. 5.2 RECEIVED & FILED TRAFFIC & TRANSPORTATION COMMISSION MINUTES - Regular Meeting of March 14, 1996. 5.3 PLANNING COMMISSION MINUTES: 5.3.1 Regular Meeting of March 11, 1996 - Received & Filed. 5.3.2 Regular Meeting of March 25, 1996 - Received & Filed. 5.4 VOUCHER REGISTER - Approved amended Voucher Register dated April 30, 1996 in the amount of 789,811.35. 5.5 RECEIVED & FILED TREASURER'S REPORT - Month of March, 1996. 5.7 ADOPTED RESOLUTION NO. 96-29: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION HELD ON MARCH 26, 1996, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW. APRIL 30, 1996 PAGE 7 5.8 APPROVED SPECIAL PERMITS TO MASTER RECYCLING CENTER AND ALPINE PAPER RECYCLING TO PROVIDE RECYCLING SERVICES IN THE CITY OF DIAMOND BAR. 5.10 ADOPTED RESOLUTION NO. 96-30: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR SUPPORTING SENATE BILL 1676. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 5.6 ADOPTED RESOLUTION NO. 96-31: A RESOLUTION OF THE COUNCIL OF THE CITY OF DIAMOND BAR SUPPORTING THE NOMINATION OF THE PUENTE-CHINO HILLS FOR CONSIDERATION AS A NATIONAL HERITAGE CORRIDOR AREA - C/Herrera stated that she had removed this item from the Consent Calendar so that she could read it in its entirety. She further stated that this Resolution will help preserve Tonner Canyon. M/Ansari moved, C/Herrera seconded to adopt Resolution No. 96-31. 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 5.9 LOCAL GOVERNMENT EDUCATION - C/Herrera asked staff to clarify that only two teachers from each school district would be chosen to participate in the Institute. CM/Belanger stated that the intent is for two teachers from each school district, for a total of four. M/Ansari moved, C/Herrera seconded to approve the transfer of $4,800 to Acct. No. 001-4090-2330, General Government, Travel & Conferences from Acct. No. 001-4096-4000, Economic Development -Professional Services to provide funds for local government training Institute attendance by four teachers, two from each school district. 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 6. PUBLIC HEARINGS: None APRIL 30, 1996 7 91 OLD BUSINESS: PAGE 8 7.1 ONE YEAR EXTENSION OF CONTRACT WITH DIVERSIFIED PARATRANSIT FOR DIAMOND RIDE SERVICES - CM/Belanger reported that this is for a one-year extension with Diversified Paratransit, Inc. for Diamond Ride services extending the contract through July 1, 1997, in the amount of $192,000 per year. C/Werner moved, C/Herrera seconded to approve a one year extension of the contract with Diversified Paratransit, Inc for Diamond Ride services in the amount of $192,000 per year or a maximum of $16,000 per month. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Herrera, Werner, MPT/Huff, M/Ansari NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Harmony NEW BUSINESS: 8.1 CITY MANAGER EVALUATION AND GOAL SETTING - CM/Belanger stated that this matter should be more appropriately called City Council goal setting. The City Manager evaluation will take place later on in the agenda. CM/Belanger stated that on April 16, 1996, Council began a goal setting process in a work session. At that work session, Council identified several dozen goals for the City, which were categorized as short term, long term and medium term. Staff listed those goals in matrix form so that Council can prioritize them, which will culminate with the Strategic Planning Workshop where Council and the community will finalize a strategic plan for the future for the City. The second aspect of the goal setting is to identify in the short term, issues that ought to be included in 1996-97 fiscal year budget so that the document which will be handed out in the next two to three weeks will reflect to the maximum extent possible those goals that are believed to be priorities that should be a part of the expenditure policy for 96-97. M/Ansari suggested that the list of goals discussed at the April 16 meeting be read out loud so that the public will know what types of items were identified C/Werner stated that anyone interested in the information could contact staff for a copy of the list, and that the process will continue for the next few weeks. Following discussion, CM/Belanger read the list of items being suggested. Under the General category of Management: weekly information memoranda with meeting event calendar reminder; development of APRIL 30, 1996 PAGE 9 community calendar, which would inform the community of a variety of organizational events beyond those the City itself would sponsor; strategic planning workshop; City reorganization first to evaluate existing organization, recommending adding, deleting or modifying classifications and to evaluate existing personnel as to how they fit into the reorganized structure; undertake FY 97-98 shortfall; shortfall remediation planning; revise the Capital Improvement Program to a five year CIP budget; staff team building work sessions; classification compensation plan; development of revised Personnel Ordinance Rules and Regulations; evaluate software programs regarding the financial management systems; disaster preparedness planning training and management both for the City staff as well as for neighborhood planning; economic development strategic plan preparation; economic and marketing research report completion to create an economic summit; redevelopment survey area study; redevelopment blight study; evaluate impacts of traffic on economic development; evaluate business registration system; evaluate vacancies at existing commercial, retail and office centers; development code preparation, which would include tree ordinance, hillside management ordinance as well as other issues identified in the General Plan; land use application and permit processing streamlining; development impact fee schedule preparation; revised planning, engineering and building fee schedules; complete Pantera Park, more importantly begin Pantera Park construction; complete Peterson Park modification; Diamond Bar Blvd. resurfacing; Sunset Crossing resurfacing; Pathfinder resurfacing; neighborhood traffic studies implementation; Master Plan of parks and facilities; preparation of a Master Plan of Youth; future City Hall planning; Master Plan of code enforcement; City On -Line Master Plan; expand and enhance customer/client service which includes follow-up to citizen communication; evaluate secondary access alternative to the Diamond Ranch High School; combine annual City birthday with 4th of July Concert in the Park; monitor the mitigation plans for the westerly city limit landslide area; establish public/public and public/private partnerships; analyze the feasibility of an in-house recreation program; analyze the adoption of an overnight parking ordinance. CMerner stated that some of the items on the list seem to be follow-up tasks to development activities and was concerned that the list is not complete with all such follow-up tasks and doesn't want the public to get the impression that these tasks are more important than others not listed here. C/Herrera asked if there was anyone in the audience who had any suggestions Debby O'Connor, Bower Cascade PI., stressed that response time to letters written to the City needs to be a top priority, since she is still waiting for a response to a letter that she wrote March 28. Further, she APRIL 30, 1996 9 PAGE 10 also stressed the need for a second road into Diamond Ranch High School. In response to M/Ansari, Mrs. O'Connor stated that her letter was in regard to the double yellow stripe on her street. C/Harmony stated the MRF had been left off and requested that a resolution of that issue be on the list. C/Werner asked that two items be added to the list: volunteer home improvement program; and expansion of the community volunteer patrol. C/Herrera asked the additional information be added to the matrix and given to the Council for ranking. M/Ansari suggested that if there are any other suggestions from the Council or public that they contact the City Manager's office so that they can be placed on the matrix. With no further discussion, M/Ansari moved, MPT/Huff seconded to accept staffs recommendation which is to adopt the list of goals; Council individually prioritize the itemized goals; and discuss conducting a strategic planning workshop during the Summer of 1996. 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 8.2 TRANSIT SUBSIDY PROGRAM FOR FISCAL YEAR 1995-96 - CM/Belanger stated that this related to the transit subsidy program for FY 1995-96. He requested that Council increase the budgeted allocation for the subsidy by $30,000 which will be offset in revenue by $30,000. The budget does not provide for enough to buy the passes, which is why the budgeted amount is increased so that we have the authority to expend the money through the balance of the fiscal year. This amount will be taken from Prop A funds. C/Werner moved, M/Ansari seconded to approve the budget amendment as recommended by staff. 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 REDEVELOPMENT AGENCY: None 10. COUNCIL SUB -COMMITTEE REPORTS: MPT/Huff stated that on April 17, he and C/Werner met as the Redevelopment Sub -Committee to go over some of APRIL 30, 1996 PAGE 11 the on-going items and making some recommendations to the consultant on the project area. He further reported that he and M/Ansari met regarding waste hauling with staff and made recommendations. On April 24, he chaired the Council of Governments "Great Crossing Study" to look into the impacts of tripling the rail freight from LA. to the Colton rail yard and how it will impact streets in the San Gabriel Valley. An RFP will be going out in the next couple of days. On April 24, he attended the City -On -Line subcommittee meeting where it was recommended that the current software be switched to the latest software which basically emulates a Home Page. This would allow for more callers on line with equipment that is also being recommended. A User's Group will be forming which will begin on May 7 at Heritage Park at 7:00 p.m. C/Herrera stated that she had gone in place of the Mayor to the Mt. Sac Relay Kick-off Dinner on April 27 and that the participants were pleased that there was a representative from the City attending. She further stated that both she and the Mayor are members of the Economic Development Committee and that they are about to embark with two other Council Members and four staff members on a trip to Las Vegas to the Conference for the International Shopping Centers. She and M/Ansari displayed the packets of City materials to be given out during the conference. M/Ansari noted that some of the businesses in the City are going through a remodeling stage such as Chuckie Cheese, Carl's Jr. and the Chinese restaurant on Gentle Spgs. C/Werner advised that he attended the County Sanitation District meeting and that he wanted to let everyone know that there is an annual facility tour offered to everyone and that interested parties should contact staff to provide the coordinating information. M/Ansari stated that she attended the San Gabriel Commerce and Cities Consortium which is activity campaigning to increase membership and to network with businesses in the San Gabriel Valley. She further reported that she is on the Council of Governments and an area of concern is the siting places for trash, and unless new areas are found within fifteen years, we will not be able to send our trash anywhere. She and Council Members Herrera and Werner went on a VIP bus tour last Thursday with the WVUSD and visited South Pointe Middle School showing their technology and was impressed with the building. They also went to Maple Hill School and the School District is looking for partnerships in the business community and with the City. She further stated that she is on the Legislative Committee with the California Association of Governments and is the District Representative and are scheduling a meeting with legislators for August 15 called "California First." This is to try to convey to the our representatives in Congress that whenever legislation is looked at, they think of California first. Both she and C/Herrera attended the "Woman of Distinction Awards" for the YMCA. She and C/Harmony attended the Caesar APRIL 30, 1996 PAGE 12 Chavez dedication to the Delores Huerta Media Room and the Hilda Celaese Library at Cal Poly. 11. COUNCIL COMMENTS: C/Harmony thanked Council for the flowers sent for his Mother's funeral. He stated that he had attended the Cal Poly Caesar Chavez Center opening and had presented them with a Certificate of Recognition and met with Mrs. Huerta. MPT/Huff stated that on the tour of the schools, he had picked up the school newspaper and read an editorial written by Daniel Chung, Editor -in -Chief of the paper regarding teenage deaths and crime. He suggested that the Council adopt a truancy ordinance as well as a curfew ordinance to enable the Sheriff's Department to enforce truancy between the hours of 8:00 a.m. and 1:30 p.m. He went on to speak on "open space," and that Section Three of the General Plan deals with Resource Management. Sections C and D, page 3-8 should be put on the front burner and have a Citizen -based Committee define what "open space" is and prioritize these parcels for acquisition and then identify methods for acquisition and/or funding sources. Finally, he announced that May 2 is "National Day of Prayer." C/Herrera extended her sympathies to C/Harmony on the loss of his mother. She thanked the Walnut Valley Unified School District for their efforts, as well as both the Walnut and D.B. Chambers of Commerce in hosting 100 individuals who toured the schools. M/Ansari proclaimed May 6-12, 1996 as "Hire a Veteran" Week. She further stated that she had attended the first "Record -a-Thon " for the Pomona Valley Recording for the Blind and Dyslexic and announced that anyone in college who is dyslexic can make requests for texts transcribed. She further announced that on Sunday, May 19, 1996 from 2 to 4:30 p.m., a silent art action will be held at Harvey Mudd College, Galileo Hall. She then gave a status report the MRF, and stated that representatives from the City and Walnut met with the City of Industry and their consultants on March 26 to discuss transportation issues relative to the proposed Industry Materials Recovery Facility. The cities discussed their concerns and presented a 31 page document containing a number of transportation related comments related to the draft EIR. Industry indicated that they would consider the comments as part of the draft EIR, the status of the report is unknown. The City of Pomona will have a MRF, as well as Chino and Temple City. 12. ANNOUNCEMENTS: C/Harmony stated that he was concerned with meeting in Closed Session regarding the Arciero property. He asked if they would be meeting with negotiators or with Arciero. CM/Belanger stated that he would be meeting with the City Attorney and himself. C/Harmony stated that he would meet, however, he felt that this was a public issue and that no decisions should be made during Closed Session. APRIL 30, 1996 13 12 CLOSED SESSION: Session at 9:13 p.m. RECONVENE: p.m. PAGE 13 M/Ansari recessed the meeting to Closed M/Ansari reconvened the meeting at 10:45 CA/Jenkins announced that no reportable action was taken in Closed Session. ADJOURNMENT: There being no further business to discuss, M/Ansari adjourned the meeting in memory of Morda Beck at 10:45 p.m. ATTEST: Mayor LYNDA BURGESS, City Clerk CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO: Councilmember Warner� and Councilmember Herrera FROM: Linda G. Magnuson counting Manager SUBJECT: Voucher Register, May 21, 1996 DATE: May 14, 1996 Attached is the Voucher Register dated May 21, 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 May 21, 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 138 LLAD #38 Fund 141 LLAD #41 Fund 250 CIP Fund 510 Self Insurance Fund TOTAL ALL FUNDS APPROVED BY: Li da G. Magnu Accounting Mana er Terrence L. Belanger City Manager AMOUNT $147,837.86 457.79 30,426.60 5,058.17 5,248.08 109,558.88 58.16 $298,645.54 1 1 W GarWerner Counc lm4mber &W�s 44'-U__ Carol A. Herrera Councilmember #+# City of Diaeand Bar ++�+ RLN TIME: 13:1905/14/96 VOUCHER REGISTER DUE THRU.............05/21/96 VENDOR NAME VENDOR M. ACCOLW PROJ.TX-ND BATCH PO.LINE/ID. EN Y/DLIE INVOICE DESCRIPTION -------------------------------------------------------------------------------------------- PAGE 1 + + PREPAID + + AMOUNT DATE CHECK ----------------------------------- AT & T AT&T #001-4090-2125 1 60521A 05/13 05/21 Long Distance Phne Svcs 24.09 TOTAL DIE VENDOR --------) 24.09 AT & T AT&T #001-4090-2125 2 60521A 05/13 05/21 LangDistPhmSvcs-88BLine 9.74 TOTAL OLE VENDOR --------) 9.74 Alma Car Mash Alamo #001-4090-2200 2 60521A 01/4285 05/13 05/21 VehcleMaint-CityVehcles 919.80 #001-4090-2200 7 60521A 05/14 05/21 VehcleMaint-CityVehcles 919.80- #001-4090-2200 8 60521A 05/14 05/21 VehcleMaint-PoolCars 525.60 #001-4310-2200 4 60521A 02/4285 05/14 05/21 VehcleMaint-Prk&Rec 394.20 TOTAL OLE VENDOR --------) 919.80 All City Management All City #001-4411-5531 4 60521A 01/3384 05/13 05/21 001102 Crssg Ord Svcs -3/31-4/13 1,480.00 #001-4411-5531 2 60521A 01/3384 05/13 05/21 001126 Crssg Ord Svcs -4/14-27 2,720.43 TOTAL ME VENDOR --------) 4,200.43 Andrizzi, Sara 1919 +001-3472 1 60521A 05/13 05/21 17931 Recreation Refund 40.00 TOTAL DUE VENDOR --------) 40.00 Apollo Jump ApalloJump +001-4095-2353 2 60521A 01/4276 05/13 05/21 041296 BalloonBounce-AnnvCeleb 51.75 TDTAL DUE VENDOR --------) 51.75 Arrow Trailer Supplies AirowTrail #001-4440-2200 2 60521A 02/4293 05/13 05121 27019 Plaint-Refridgration-EOC 785.79 #001-4440-2200 4 60521A 01/4278 05/13 05/21 27019 EDC-TrailerRepairs 623.19 #001-4440-6100 2 60521A 01/4293 05/13 05/21 27019 TrailerAwning-EOC Trailer 925.57 TOTAL ME VENDOR --------) 2,334.55 BIT Computer, Inc. BITCosput e +001-4090-6230 2 60521A 01/4310 05/13 05/21 9599 Pentium 100 -Lap Top Compt 3,683.85 TOTAL BLE VENDOR --------) 3,683.85 *** City of D i a a o n d Bar *** RUM TIME: 13:19 05/14/96 V 0 U C H E R R E G I S T E R PAGE 2 DUE THRU.............05/21/96 VENDOR NATE VENDOR ID. * * PREPAID * + ACCOIJNT ------------------------------------------------------------------------------------------------------------------------------------ PROJ.TX-NO BATCH PO.LINE/WO. ENTRY/DIE INVOICE DESCRIPTION AMOUNT DATE CHECK Block, Marilyn B1ockM +001-3473 1 60521A 05/13 05/21 24867 Refund-PalmSprgsEicrsn 54.00 TOTAL DUE VENDOR --------) 54.00 Brandman Assoc., Michael Brandman *001-2300-1011 1 60521A 05/13 05/21 03961870 March Svcs-FER 92-3 4,023.10 TOTAL DUE VENDOR --------) 4,023.10 Burgess, Lynda BurgessLyn *001-4040-2330 1 60521A 05/13 05/21 Reimb-CCA-Conf4/25-SBrhra 138.90 TOTAL DUE VENDOR --------) 138.90 Cabling System Marehouse CableSysMa *001-4090-1200 1 60521A 05/13 05/21 943215 Gen Computer Supplies 23.60 TOTAL DUE VENDOR --------) 23.60 California Coach Auto CaCoachAut #WI -4415-2200 2 60521A 01/4225 05/13 05/21 721 DoorRepair-VltrPtriCar 559.07 TOTAL DUE VENDOR --------) 559.07 Chan, Anita 1924 *001-3478 2 60521A 05/13 05/21 17988 Recreation Refund 30.00 TOTAL DILE VENDOR --------) 30.00 Chao, Jackiyn 1921 *001-3478 3 60521A 05/13 05/21 17771 Recreation Refund 60.00 TOTAL DIE VENDOR --------) 60.00 Cintas Cintas *001-4310-2130 2 60521A 01/3206 05/13 05/21 640450001 UnfrmRent-w/of4/22-PrkStf 17.07 *001-4310-2130 4 60521A 01/3206 05/13 05/21 640452077 UnifrmRnt-w/of4/29-Prk5tf 17.07 *001-4310-2130 6 60521A 0113206 05/13 05/21 640454154 UnifrmRnt-w/of5/6-PrkStf 17.07 TOTAL DUE VENDOR --------) 51.21 Coffee Smith CoffeeSait *001-4090-2130 2 60521A 02/3235 05/13 05/21 12344 May Equip Rent 19.00 TOTAL DUE VENDOR --------) 19.00 *++ City of Diamond Bar++ RUN TIME! 13:19 05/14/96 V 0 U C H E R R E G I S T E R DUE THR11.............05/21/96 VENDOR NAME VENDOR ID. ACCOUNT PROJ.TX-MO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION -------------------------------------------------------------------------------------------------- Commerce City Maintenance CoeCtyMain *001-4314-2210 2 60521A 0113325 05/13 05/21 73291 JanitorSvcs-HrtgPrkCtr Community Industries ComIndust *001-4558-5521 2 60521A 0213145 Converse Consultants CanverseCo *001-4551-5221 2 60521A 01/3906A Custodio, Maria 1925 *001-3478 1 60521A DW Engineering D&JEngine *250-4310-6415 06596 2 605218 01/3940 *250-4310-6415 06596 4 60521B 01/4335 *001-4210-5213 2 605218 01/4176 *001-2300-1010 1 60521B *001-2300-1010 1 605218 *001-2300-1010 3 60521B *001-2300-1010 4 605218 *001-2300-1010 5 60521B *001-2300-1010 6 60521B *001-2300-1010 7 605218 *001-2300-1010 8 605218 *001-2300-1010 9 60521B D. B. Improvement Assoc. DBIA +001-4096-2115 2 60521B 01/4341 D.R. Scheidt DRShmidt *250-4215-6420 11596 2 605218 01/4193 TOTAL DUE VENDOR -------- 05/13 05121 April -Litter Abate Svcs TOTAL DUE VENDOR -------- PAGE 3 * * PREPAID * * NOW DATE CHECK ----------------------------- 345.00 345.00 839.44 839.44 05/13 05/21 330623 NaterSeepgelnvestgtn-Mar 12,169.36 TOTAL ME VENDOR --------) 12,169.36 05/13 05/21 17925 Recreation Refund 30.00 TOTAL DIE VENDOR --------) 30.00 05/13 05/21 %-03 Prof Svcs-CIP-PanteraPrk 830.00 05/13 05/21 %-03 CIP-PanteraM-Prof Svcs 497.50 05/13 05/21 96Code-Enf01 CodeEnfrcontlnspectians 146.25 05/13 05/21 96ping-003 InspectnSvcs-FPL96-21 135.00 05/13 05/21 96ping-003 InspectnSvcs-FPL%-17 180.00 05/13 05/21 96ping-003 InspectnSvcs-FPL96-12 67.50 05/13 05/21 96pinq-003 InspectnSvcs-M96-13 90.00 05/13 05/21 96Ping-003 InspectnSvcs-FPL96-15 90.00 05/13 05/21 96ping-003 InspectnSvcs-FPL%-18 90.00 05/13 05/21 96Ping-003 InspectnSvcs-FPL96-14 90.00 05/13 05/21 96pinq-003 InspectnSvcs-FPL%-19 90.00 05/13 05121 96ping-003 InspectnSvcs-FPL96-21 90.00 TOTAL DUE VENDOR --------) 2,396.25 05/13 05/21 Ad-TownHalMtg-3/1 130.00 TOTAL DUE VENDOR --------) 130.00 05/13 05/21 1 SdwlkConst-DB/GldRsh 81,533.88 TOTAL DUE VENDOR --------) 81,533.88 *** City of Diamond Bar *** RUN TIPS: 13:19 05/14/96 V O U C H E R R E G I S T E R PAGE 4 ME THRU .............05/21/96 VENDOR WE VENDOR ID. PREPAID ACCOWT PROJ.TX-NO BATCH PO.LINE/PO. ------------------------------------------------- ENTRY/DUE -------------------------------------------------------------------- INVOICE DESCRIPTION AMOUNT DATE DECK =-------------- Daya, Devyani 1931 *001-3478 5 605218 05/13 05/21 17596 Recreation Refund 30.00 TOTAL DUE VENDOR --------) 30.00 DeVore, Lisa 1934 *001-3478 4 60521A 05/13 05/21 17951 Recreation Refund 25.00 TOTAL DUE VENDOR --------) 25.00 Deanne Homes Swim Club DeaneHores *001-4350-2140 2 605218 01/4274 05/13 05/21 1461-1466 FaciltyRent-May-Nov-Rec 487.50 05/21/96 0000030080 TOTAL PREPAID AMOUNT ----) 487.50 TOTAL BLE VENDOR --------) 0.00 Dept of Transportation DeptTrans *001-4510-5507 2 605218 01/3632 05/13 05/21 136401 Signl/Light Maint-March 1,029.02 TOTAL DUE VENDOR --------) 1,029.02 Dewan Lundin & Assoc. Dewan *250-4510-6411 10396 2 605210 01/3753 05/13 05/21 DB -006-5b DesignSvcs-DBarBlvdlmprvt 8,630.00 *250-4510-6411 10396 4 60521B 01/3753 05/13 05/21 db -006-4A DesignSvcs-SunsetCrossing 2,320.00 TOTAL DUE VENOM --------) 10,950.00 Diamond Bar International DBIntDeli *001-4096-2325 1 60521B 05/13 05/21 EcanDvlpMtg-4/29 39.05 05/21/96 0000030076 TOTAL PREPAID NOW ----) 39.05 TOTAL DUE VENDOR --------) 0.00 Diamond Bar Little League OBLittleLe *001-2300-1002 1 605218 05/13 05/21 Refund-Deposit-Hrt&kCtr 100.00 TOTAL DUE VENDOR --------) 100.00 Diamond Bar Redevelopment DBarRDA *001-1315 1 60521E 05/14 05/21 Advnce-5/21-Expenditures 3,664.42 TOTAL DUE VENDOR --------) 3,664.42 Diversified Paratransit DiversPara *112-4553-5529 2 645218 01/3677 05/13 05/21 Dial -a -Cab Prgrm-4/1-15 7,209.40 TOTAL DUE VENDOR --------) 7,209.40 * * * City of Diamond Bar *#* RUN TIME: 13:19 05/14/96 V O U C H E R R E G I S T E R PAGE 5 DUE THRU.............05/21/96 VENDOR NAME VENDOR ID. * # PREPAID * + ACCOUNT PROJ.TX-NO BATCH PO.LINE/MO. ENTRY/DUE INVOICE DESCRIPTION Al UW DATE CHECK ------------------------------------------------------------------------------------------------------------------------------------ F&A Federal Credit Union FWD-editU #001-2110-1012 1 605218 05/13 05/21 Cr Union Deductions-PP9 2,604.75 05/21/96 0000003007 TOTAL PREPAID ANDIIIIT ----) 2,604.75 TOTAL DUE VENDOR --------) 0.00 Fan, Jade 1922 *001-3478 6 W5216 05/13 05/21 17776 Recreation Refund 50.00 TOTAL DUE VENDOR --------) 50.00 Finnerty, Annette FinnertyA #001-4350-4100 2 60521D 05/13 05/21 Prk&Rechtgs-3/28-4/25 80.00 TOTAL DUE VENDOR --------) 80.00 Firestone Stores Firestone #001-4310-2200 2 605218 01/4273 05/13 05/21 62662784 Vehclhaint-P&RTruck 270.74 TOTAL DUE VENDOR --------) 270.74 First Baptist Church of FirstBapt #001-2300-1002 2 605218 05/13 05/21 27506 Refund-Deposit-HrtgPrkCtr 200.00 TOTAL DUE VENDOR --------) 200.00 Foothill Transit FoothillTr *112-4553-5533 2 605218 01/4137 05/13 05/21 5086 Apr-TrnstSuhsdyPrgrm 696.50 *112-4553-5535 2 60521B 02/4137 05/13 05/21 5086 Apr-TrnstSubs-Fares 2,763.50 #112-4553-5535 4 605218 02/4137 05/13 05/21 5086 Apr-TrnstSubs-Fares 103.80 - TOTAL DUE VENOM --------) 3,356.20 Forma Forma *001-2300-1010 10 60521B 05/13 05/21 9484 Feb -Svcs FPL 95-040 195.00 *001-2300-1010 11 605218 05/13 05/21 9484 Feb -Svcs FPL 93-010 215.00 #001-2300-1010 12 605218 05/13 05/21 9484 Feb -Svcs FPL 92-016 1,000.00 *001-2300-1010 13 605218 05/13 05/21 9484 Feb -Svcs FPL 92-016 95.00 #001-2300-1010 14 605218 05/13 05/21 9484 Feb -Svcs FPL 92-016 295.00 #001-2300-1010 15 60521B 05/13 05/21 9484 Feb -Svcs FPL 92-016 210.00 *001-2300-1010 16 60521B 05/13 05/21 9484 Feb -Svcs FPL 92-016 229.68 TOTAL DUE VENDOR --------) 2,239.68 Fritzal, Kellee Fritz&IK #001-4030-2330 2 60521E 05/14 05/21 Reimb-SCJPIA Canf-5/2-3 143.34 #001-4050-2330 1 60521E 05/14 05/21 Reimb-SCJPIA Conf-5/2-3 20.95 TOTAL DUE VENDOR --------) 164.29 * * * City of D i a a o n d Bar * * * RUN TIME: 13:19 05/14/96 V O U C H E R R E G I S T E R PAGE 6 DIE THRU.............05/21/96 VENDOR NAPE VENDOR ID. * * PREPAID ACCOINT ------------------------------------------------------------------------------------------------------------------------------------ PROJ.TX-NO BATCH PO.LINE/NO. ENTRY AXE INVOICE DESCRIPTION AMOUNT DATE CHECK GTE California GTE *001-4040-2125 1 60521B 05/13 05/21 Phone Svcs -Modus Line 30.04 TOTAL DUE VENDOR --------) 30.04 GTE California GTE *010-4355-2125 1 605218 05/13 05/21 Phone Svcs-LibraryProj 457.79 TOTAL DUE VENDOR --------) 457.79 GTE California GTE *001-4316-2125 1 605218 05/13 05/21 Phone Svcs -Maple Hill Prk 165.40 TOTAL DUE VENDOR --------) 165.40 GTE California GTE +001-4319-2125 1 605218 05/13 05/21 Phone Svcs -Peterson Prk 40.64 TOTAL DUE VENDOR --------) 40.64 GTE California GTE *001-4313-2125 1 60521E 05/13 05/21 Phone Svcs -Heritage Prk 25.55 TOTAL DUE VENDOR --------) 25.55 GTE California GTE *001-4331-2125 1 605218 05/13 05/21 Phone Svcs-Sycaiare Cyn 87.43 TOTAL DIE VENDOR --------) 87.43 GTE California GTE *001-4322-2125 1 60521B 05/13 05/21 Phone Svcs -Ran Reagan 40.64 TOTAL DUE VENDOR --------) 40.64 GTE California GTE *001-4090-2125 3 605218 05/13 05/21 Phone Svcs -City On Line 33.63 TOTAL DUE VENDOR --------) 33.63 Gastelus, Nagai 1917 *001-3478 10 60521B 05/13 05/21 17773 Recreation Refund 72.00 TOTAL DU: VENDOR --------) 22.00 Gibbons, Kristi 1923 *001-3478 7 605218 05/13 05/21 17719 Recreation Refund 80.00 TOTAL DUE VENDOR --------) 80.00 * * * City of Diamond Bar *** RUN TIME: 13:19 05/14/96 V O U C H E R R E G I S T E R PAGE 7 DUE THRU.............05/21/96 VENDOR NAME VENDOR ID. * * PREPAID ACCOLW PR(k.TX-NO BATCH PDXINE/N0. ENTRYAXE INVOICE DESCRIPTION AMOUNT DATE CHECK ------------------------------------------------------------------------------------------------------------------------------------ Graffiti Control Systems GrafitiCon *001-4558-5520 2 60521B 01/3103 05/13 05121 dh0496 April -Graffiti Removal 2,400.00 TOTAL DUE VENDOR --------) 2,400.00 Grillo Filter Sales GrilloFilt *001-4314-2210 4 605218 01/4244 05113 05/21 A6735 HVAC Filters-HrtgCommCtr 102.55 TOTAL DUE VENDOR --------) 102.55 Guido, Lucille 1927 TOTAL DUE VENDOR --------) 0.00 Guido, Lucille 1928 *001-3478 9 605218 05/13 05/21 17947 Recreation Refund 33.00 *001-3478 18 605218 05/14 05/21 17984 Recreation Refund 33.00 TOTAL DUE VENOM --------) 66.00 Hsu/Cheng-Hm HSU/Cheng *001-2300-1012 1 605210 05113 05/21 Refund -Deposit -UM -133 775.00 TOTAL DUE VENDOR --------) 775.00 Hicks Muffler Hickshuffl *001-4440-6100 4 60521C 01/4280 05/13 05/21 8642 TowKit-GMCTrck 170.00 TOTAL DUE VENDOR --------) 170.00 Hae Depot Wm ftot *001-4310-1200 1 60521C 10/3880 05/13 05/21 1111675 Misc-Park Supplies 11.85 TOTAL DUE VENDOR --------) 11.85 Image Awareness Image"" *001-4095-2352 2 60521C 01/4124 05113 05/21 71603 7th Annv Pins 1,338.81 TOTAL DUE VENDOR --------) 1,338.81 Image IV Systems Inc. Image4Sys *001-4090-2100 2 60521C 02/3347 05/13 05/21 210118 Copy Charges -March 36.79 *001-4090-2200 4 60521C 01/3347 05/13 05/21 210118 March-Maint Charges 150.00 TOTAL OLE VENDOR --------) 186.79 * * * City of Diamond Bar *#* RUN TIME: 13:19 05/14/96 V O U C H E R R E G I S T E R PAGE 8 DILE THil1.............05/21 /96 VENDOR NAME VENDOR ID. * * PREPAID t t ACCO1JNT PRDJ.T%-NO BATCH PO.LINE/140. ENTRY/DIE INVOICE DESCRIPTION AMOIBiT DATE CHECK ------------------------------------------------------------------------------------------------------------------------------------ Inland Valley Dly Bulletn IVm *001-2300-1010 17 60521C 05/13 05/21 266616/4246 Ad -FPL 96-09 91.87 *001-2300-1010 18 60521C 05/13 05/21 272058/4142 Ad -FPL 96-07 91.87 TOTAL DIE VENDOR --------) 183.74 Kirk Paper Kirk Paper *001-4090-1200 3 60521C 01/4196 05/13 05/21 888732 Supplies -Copy Paper 619.57 TOTAL DUE VENDOR --------) 619.57 Kleinfelder Kleinfeldr #001-2300-1012 2 60521C 05/13 05/21 585130 GEoTechRvr-EN 95-128 212.50 TOTAL DUE VENDOR --------) 212.50 L.A.County Public Works LACPubWk *001-4331-5300 2 60521C 01/3129 05/13 05/21 960000007835 SumpPumpMaint-March 418.47 *001-4510-5530 2 60521C 01/3635 05/13 05/21 96000007834 Indust Waste Svcs -March 195.26 *250-4510-6412 10496 2 60521C 01/3986 05/13 05/21 96000007833 CIP-TrfSig-DBR/Pthfr 274.37 #001-4510-5507 4 60521C 01/3631A 05/13 05/21 96010000991 Traffic Signl Maint-March 2,013.47 TOTAL DUE VENDOR --------) 2,901.57 LA Cellular Telephone LACellular #001-4440-2125 1 60521C 05/13 05/21 Cellular Svcs-Emer Prep 86.51 TOTAL DUE VENDOR --------) 86.51 LA County Agriculture Cam LACAgric *141-4541-5519 2 60521C 01/4277 05/13 05/21 2053M WeedAbateSvcs-3rdQtr 474.88 TOTAL DILE VENDOR --------) 474.88 Landscape West LandscapeW #141-4541-5500 2 60521C 01/3141 05/13 05/21 17789 April Maint-Dist #41 2,950.00 *001-4558-5508 2 60521C 01/3147 05/13 05/21 17790 April-WeedAbateSvcs 4,645.83 TOTAL DUE VENDOR --------) 7,595.83 Law, Oscar Law0 #001-4390-4100 3 605210 05/13 05/21 PrkkRecCommMtgs-3/28-4/25 80.00 TOTAL DUE VENDOR --------) 80.00 Legacy Travel & Tours LegacyTrav 1001-4350-5310 2 60521C 01/3784 05/13 05/21 A0209 Excurs-RamnaPagnt-4/20 599.00 *112-4360-5310 2 60521C 02/3784 05/13 05/21 A0209 Trnsp-W%aPagent-4/20 586.00 *001-4350-5310 4 60521C 01/4232 05/13 05/21 A0216 Excurs-FthersDayBrnch 200.00 TOTAL DUE VENDOR --------) 1,385.00 #st City of D i a a o n d Har ##t RUN TIME: 13:19 05/14/96 V O U C H E R R E G I S T E R PAGE 9 DUE THRU.............05/21/96 VENDOR NAME VENDOR ID. * } PREPAID s �► ACCOUNT PROJ.TX-ND BATCH PO.LINE/W. ENTRY /DUE INVOICE DESCRIPTION AMOUNT DATE CHECK ------------------------------------------------------------------------------------------------------------------------------------ Leighton and Associates Leighton #001-2300-1011 2 60521C 05/13 05/21 92645 ProfSvcs-FER 91-002 1,188.00 TOTAL DUE VENDOR --------} 1,188.00 Los Angeles County LACIntSvc #001-4090-2130 4 60521C 01/3304 05/13 05/21 692 Rent/Lease-March 131.84 TOTAL DUE VENDOR --------> 131.84 Los Angeles Canty LACMTA #112-4553-5533 4 60521C 01/4136 05/13 05/21 4960225 Apr-TrnsSubsdyPrgra 323.60 }112-4553-5535 6 60521C 02/4136 05/13 05/21 4960225 Apr-TrnstSubs-Fares 751.40 TOTAL DUE VENDOR --------) 1,075.00 MMASC' mm }001-4030-2315 1 60521D 05/13 05/21 Meatier Renewal-Fritzal 40.00 TOTAL DUE VENDOR --------) 40.00 Marathon Copier Service MarathmCo #001-4090-2100 4 60521D 02/3287 05/13 05/21 726942 May Xeroi Xopy Charges 351.90 *001-4090-2200 6 60521D 01/3287 05/13 05/21 726942 May-Xero1 !hint Chrges 250.00 TOTAL DUE VENDOR --------) 601.90 Mariposa Horticultural Mariposa ;138-4538-5500 2 60521D 01/3142 05/13 05/21 9193 April Maint-Dist #38 3,200.00 *138-4538-2210 2 60521D 01/3991 05/13 05/21 9194 Add'l Maint-Dist #38 600.66 4138-4538-2210 4 60521D 01/3991 05/13 05/21 9195 Add'1 Maint-Dist #38 920.39 TOTAL DUE VENDOR --------) 4,721.05 Martinez, Donavan MartinezD #001-2300-1002 4 60521D 05/13 05/21 26792 Refund -Deposit Hrtge Prk 200.00 TOTAL DUE VENDOR --------) 200.00 McPherson, Steven McPhersonS *001-2300-1002 5 60521D 05/13 05/21 27280 Refund-DepositCycCynPrk 50.00 TOTAL ME VENDOR --------) 50.00 Medina, Raul MedinaR #001-4350-4100 4 605210 05/13 05/21 Prk6RecCaaaMtgs-3/28-4/25 80.00, TOTAL OLE VENDOR --------} 80.00 ### City of 0 i a a o n d Bar ### RUNTIME: 131905/14/96 VOUCHER REGISTER DUE THRU.............05/21/96 VENDOR NAME VENDOR ID. ACCOUNT PROJ.TX-W BATCH PO.LINE/MO. ENTRY/DIE INVOICE DESCRIPTION -------------------------------------------------------------------------------------------- Microage Microage *001-4090-6230 4 605210 01/4146 Miss Diamond Bar Beauty MissDB *001-2300-1002 6 605210 Moose & Sans Electric Moose&Sons *001-4313-2210 2 60521D 01/4272 Morshed and Associates Morshed *001-4010-4000 2 60521E 01/4208 Mulcahy, Elli *001-2300-1002 Norco Alarm Inc *001-4314-2126 *001-4314-2126 #001-4331-2126 MulcahyE 3 605210 NorcoAlarm 1 60521D 2 605210 1 60521D Norris-Repke Inc. NorrisRepk *250-4510-6411 09996 6 60521D 01/3754 *250-4510-6411 10296 8 605210 02/3754 O'Conner, Debby Ocanner0 *001-4350-4100 5 60521D 05/13 05/21 16769 05/13 05/21 24862 05/13 05/21 14767 05/14 05/21 05/13 05/21 05/13 05/21 05/13 05/21 05/13 05/21 05/13 05/21 9701-2 05/13 05/21 97012 05/13 05/21 OCB Reprographics OCBReprogr #250-4310-6415 06596 8 60521D 01/4297A 05/13 05/21 #250-4310-6415 06596 10 60521D 01/4287D 05/13 05/13 *250-4310-6415 06596 6 60521D 01/3982A 05/13 05/21 317814 PAGE 10 * } PREPAID • * AMO(JMT DATE CHECK -------------------------- HP-Office Jet-Fas/Printr 650.00 TOTAL DUE VENDOR --------) 650.00 Refund -Deposit HrtgR* 100.00 TOTAL DUE VENDOR --------) 100.00 ElectRepairs-HrtgPrk 616.48 TOTAL DUE VENDOR --------) 616.48 Legisltve Svcs -May 3,000.00 TOTAL DUE VENDOR --------) 3,000.00 Refund-Deposit-SycCynPrk 50.00 TOTAL DUE VENDOR --------) 50.00 Apr/JunAlareSvc-Hrtg-Fire 60.00 Apr/Ju IwvSvc-Hrtg-Burg 66.00 Apr-Jun-AlarmSvcs-SycCyn 78.00 TOTAL DUE VENDOR --------) 204.00 Design Svcs-BreaCyn-March 6,292.24 Design Svcs-Pthfindr-Mar 7,690.51 TOTAL OLE VENDOR --------) 13,982.75 Prk&RecCoeeMtgs-3/28-4/25 80.00 TOTAL OLE VENDOR -------=} 80.00 CIP-PntraPrk-B1Lines 678.18 PanteraPrk-Plans/Drawings 606.50 CIP-PnteraPrkDvlpmnt 60.69 TOTAL DUE VENDOR --------) 1,345.37 Pitney Bows Credit Corp. PSCC *001-4090-2130 6 60521D 01/4223 05/13 05/21 1444744AP96 Rent/Fldg/MailEquip-Apr 99.59 TOTAL DUE VENDOR --------1 99.59 Pomona Judicial District PomJudDist *001-3223 1 605211) 05/13 05/21 March Prkg Cites 330.00 TOTAL DUE VENDOR --------) 330.00 Pomona Valley Humane Soc. PVHS *001-4431-5403 2 60521D 01/3356 05/13 05/21 Animal Control Svcs -May 4,959.17 TOTAL DUE VENDOR --------) 4,959.17 *+* C 1 t y of Diamond Bar *** RUM TIME: 13:19 05/14/96 V O U C H E R R E G I S T E R PAGE 11 DUE THRU.............05/21/96 VENDOR NAME VENDOR ID. + + PREPAID + + ACCOLWT PRDJ.TX-NO BATCH PO.LINE/ND. ------------------------------------------------------------------------------------------------------------------------------------ ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK Office Depot OfficeDepo +001-4050-1200 1 60521D 77/3367A 05/13 05/21 Supplies -Finance 36.75 }001-4210-1200 1 60521D 79/3367A 05/13 05/21 017101671 Supplies -Ping 13.90 +001-4030-1200 1 60521D 78/3367A 05/13 05/21 017113021 Supplies-CMgr 41.14 *001-4510-1200 1 60521D 76/3367A 05/13 05/21 017172400 Supplies -Pub Wks 201.35 TOTAL. DUE VENDOR --------) 293.14 PERS Health Benefits PERSHealth +001-2110-1003 1 60521D 05/13 05/21 May -Health Prems 10,245.95 05/21/96 0000030081 +001-4090-0093 • 1 60521D 05/13 05/21 May -Admin Fees 45.68 05/21/96 0000030081 TOTAL PREPAID AMOUNT ----) 10,291.63 TOTAL DUE VENDOR --------) 0.00 Padgett -Thompson PadgettTho +001-4040-2340 2 60521D 01/4046 05/13 05/21 49895400 RecrdsMgmtSem-4/15-Cannon 145.00 TOTAL DUE VENDOR --------) 145.00 Parks, Cindy 1918 +001-3478 11 605210 05/13 05/21 17677 Recreation Refund 22.00 TOTAL. ME VENDOR --------) 22.00 Payroll Transfer PayrallTr +001-1020 1 60521D 05/13 05/21 Payroll Transfer-PP09 53,700.00 05/21/96 0400000009 TOTAL PREPAID NOW ----) 53,700.00 TOTAL DUE VENDOR --------) 0.00 Pitney Bows Credit Corp. PSCC *001-4090-2130 6 60521D 01/4223 05/13 05/21 1444744AP96 Rent/Fldg/MailEquip-Apr 99.59 TOTAL DUE VENDOR --------1 99.59 Pomona Judicial District PomJudDist *001-3223 1 605211) 05/13 05/21 March Prkg Cites 330.00 TOTAL DUE VENDOR --------) 330.00 Pomona Valley Humane Soc. PVHS *001-4431-5403 2 60521D 01/3356 05/13 05/21 Animal Control Svcs -May 4,959.17 TOTAL DUE VENDOR --------) 4,959.17 +++ City of Diamond Bar +++ RUN TIME; 13:19 05/14/96 V O U C H E R R E G I S T E R PAGE 12 DUE THNU.............05/21/96 VENDOR NAME VENDOR ID. + + PREPAID + + ACCOVwIT PROJ.TX-NO BATCH PO.LINE/NO. ------------------------------------------------------------------------------------------------------------------------------------ ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK Postage By Phone PvstByPhon +001-4090-2120 1 60521D 05/13 05/21 Postage Replenishment 1,500.00 TOTAL DUE VENDOR --------) 1,500.00 R i D Blueprint R&DBIue +250-4215-6420 11596 4 60521E 01/4014 05/13 05/21 31793 SdMlklmprv-CIF-CDBG 145.01 +001-4020-4021 2 60521E 01/4175A 05/13 05/21 32184 Prtg-NrngsunDocumnts 601.59 +001-4096-2110 2 60521E 01/4238 05/13 05/21 48250 Maps-EconDvlpStudy 71.34 TOTAL DUE VENDOR --------) 817.94 Rhineheart, Jean RhinehartJ +001-2300-1002 8 60521E 05/13 03/21 26768 Refund -Deposit HrtgPrkCtr 200.00 TOTAL DUE VENDOR --------} 200.00 Richards Watson & Gershon RichardsNa +001-2300-1011 3 60521E 05/14 05/21 NarchLegalsvcs-FER 92-03 562.50 +001-4020-4020 1 60521E 31/3334A 05/14 05/21 march Legal Svcs-NPDES 1,050.00 +001-4020-4020 2 60521E 33/3334A 05/14 05/21 MArchLegalsvcs-General 3,856.67 +001-4020-4021 3 60521E 32/3334A 05/14 05/21 MamNAgalSvcs-Lndslde 487.50 +001-4020-4021 4 60521E 34/3334A 05/14 05/21 MarchSvcs%&lpmntFwwtn 1,808.00 TOTAL DUE VENDOR --------) 7,764.67 Roberts, Brian RobertsB }001-4090-4000 2 60521E 01/4322 05/13 05/21 Audio/VisSvcs-Mtg4/16 180.00 TOTAL DUE VENOM --------) 180.00 Rotary Club of Walnut RotaryMiln +001-2300-1002 7 60521E 05/13 05/21 Refund-Deposit-HrtgPrkCtr 200.00 TOTAL DUE VENDOR --------) 200.00 San Gabriel Vly Tribune SGVTribune +001-2300-1010 19 60521E 05113 05/21 00671 Ad-FP1 96-09 122.82 +001-2300-1010 20 60521E 05/13 05/21 05300 Ad -FPL %-07 121.44 TOTAL DUE VENDOR --------) 244.26 Sheshunoff Information Sheshunoff +001-4510-4240 2 60521E 01/4279 05/13 05/21 BankEvaluationFarms 115.25 TOTAL DUE VENDOR --------) 115.25 }� City of Diamond Bar ### RUN TIME: 13:19 05/14196 V O U C H E R R E G I S T E R PAGE 13 DUE TFRU.............05/21/96 VENDOR NAME VENDOR ID. t # PREPAID • # ACCOUNT PRDJ.TX-M BATCH PO.LINE/1i4. ------------------------------------------------------------------------------------------------------------------------------------ ENTRY/ME INVOICE DESCRIPTION AMOUNT DATE CHECK Sir Speedy SirSpeedy 1001-4090-2110 2 60521E 01/3886 05/13 05/21 19754 Stationary -Envelopes 193.15 TOTAL DUE VENDOR --------) 193.15 Smart & Final SwrtVinl +001-4314-2210 6 60521E 01/3268 05/13 05/21 3240165 Maint-Supplies-HrtgPrkCtr 23.15 #001-4350-1200 2 60521E 02/3268 05/13 05/21 3240168 Tiny Tots Supplies 23.15 TOTAL DUE VENDOR --------) 46.30 So CA Planning Congress SocAPingCo #001-4210-2315 1 60521E 05/13 05/21 Annual Dues-DeStefano 50.00 TOTAL DUE VENDOR --------) 50.00 So. Ca. Joint Powers Ins. SCJPIA #001-4030-2330 1 60521E 05/13 05/21 RiskMgmtCanf-5/2-3-Cmgr 100.00 TOTAL DUE VENDOR --------) 100.00 So. California Regional SoRegRail #112-4553-5533 6 60521E 01/4138 05/14 05121 Apr-TrnstMsdyPrgrm 3,728.20 #112-4553-5535 8 60521E 02/4138 05/14 05!21 Apr-TrnsSubsdy-Fares 14,471.80 TOTAL DUE VENDOR --------) 18,200.00 St. Jude Medical Center StJudehed #001-2300-1002 9 60521E 05/13 05/21 25719 Refund-Deposit-HrtgPrkCtr 200.00 TOTAL ME VENDOR --------) 200.00 State Compensation Ins Fd StateCamp #510-4810-7200 1 60521E 05/13 05/21 kCA/IEFA Surcharge 58.16 TOTAL DUE VENDOR --------) 58.16 Tom, Steven A. TewS #001-2300-1002 10 60521E 05/13 05121 Refund-Deposit-hrtgPrkCtr 200.00 TOTAL DUE VENDOR --------) 200.00 The Gas Company SoCaGas #001-4314-2126 3 60521E 05/13 05/21 Gas Svcs-HrtgPrk 102.59 TOTAL DUE VENDOR --------) 102.59 Walker, Monica 1926 #001-3478 16 60521E Walnut Vly Water Dist WVWaterDis #001-4322=2126 1 60521E *001-4325-2126 1 60521E TOTAL DUE VENDOR --------) 33.88 05/14 05/21 17852 Recreation Refund f*# City of Diamond Bar **f 609.11 RUN TIME: 13:19 05/14/96 V O U C H E R R E G I S T E R PAGE 14 DUE THRU.............05/21/96 VENDOR NAPE VENDOR ID. PREPAID + ACCOUNT PROJ.TX-ND BATCH PO.LINE/NO. ------------------------------------------------------------------------------------------------------------------------------------ ENTRY/D11E INVOICE DESCRIPTION AMOUNT DATE DECK Tim's Mobil TiWiobil #001-4415-2200 4 60521E 01/4066 05/13 05/21 9747 Maint-VtrPtrlVehcle 207.23 TOTAL DUE VENDOR --------> 207.23 Tire Out Personnel Svc. TiaeOut *001-4553-4000 2 60521E 01/4242 05/13 05/21 1205 TempSvcs-Secretary-PubWks 311.52 TOTAL DUE VENDOR --------) 311.52 Tran, Phuang 1932 *001-3478 13 60521E 05/13 05/21 16948 Recreation Refund 30.00 TOTAL DUE VENDOR --------) 30.00 Tsui, Mary 1920 *001-3478 12 60521E 05/13 05/21 17826 Recreation Refund 37.00 TOTAL DUE VENDOR --------) 37.00 Tye, Steven TyeS *001-4350-4100 1 60521D 05/13 05/21 Prk&RKCan4tgs-3/28-4/25 80.00 TOTAL DUE VENDOR --------) 80.00 Vandersande, Heidi 1929 *001-3478 14 60521E 05/13 05/21 17948 Recreation Refund 33.00 TOTAL DUE VENDOR --------) 33.00 Vaughan, John Vaughn) #001-3473 2 60521E 05/14 05/21 RefundStateLineEic5/22,23 40.00 TOTAL DUE VENDOR --------) 40.00 Vina Ples Signs VinaPles *001-4210-1200 3 60521E 01/4243 05/13 05/21 4951 NamPlateLettering-Plug 33.88 Walker, Monica 1926 #001-3478 16 60521E Walnut Vly Water Dist WVWaterDis #001-4322=2126 1 60521E *001-4325-2126 1 60521E TOTAL DUE VENDOR --------) 33.88 05/14 05/21 17852 Recreation Refund 30.00 TOTAL DUE VENDOR --------) 30.00 05/14 05/21 Water Usage-RonReagan 609.11 05114 05/21 Water Usage-Starshine 409.95 TOTAL DUE VENDOR --------) 1,019.06 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. 573 TO: Terrence L. Belanger, City Manager MEETING DATE: May 21, 1996 REPORT DATE: May 14, 1996 FROM: Kellee A. Fritzal, Administrative Assistant TITLE: JOINT RESOLUTION OF COUNTY OF LOS ANGELES BOARD OF SUPERVISORS, BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 21 AND THE CITY OF DIAMOND BAR REGARDING ANNEXATION NO. 647 SUMMARY: To receive off-site sewage disposal services, areas/property must annex to the Sanitation District. An applicant has requested that his/her property located within the City of Diamond Bar be annexed into County Sanitation District 21. In order to bring an area/property into the Sanitation District, the District has the obligation to negotiate with agencies receiving ad valorem taxes generated in the subject area. Consequently, the County Sanitation Districts of Los Angeles County is requesting the City to execute two copies of a joint resolution approving and accepting negotiated exchange of property tax revenues resulting from annexation to County Sanitation District No. 21. Currently, properties located in the Sanitation District, pay for the services and a portion of ad valorem property taxes is allocated to the District. The ad valorem property taxes that the City will share with the Sanitation District is based upon currently unrealized property taxes, due to the land being undeveloped. RECOMMENDATION: Adopt Resolution No. 96 - XX approving the negotiated exchange of property tax revenues resulting from Annexation No. 647 to County Sanitation District No. 21. EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed _ Yes X No by the City Attorney? 2. Does the report require a majority or 4/5 vote? MAJORITY 3. Has environmental impact been assessed? NIA _ Yes —No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? X Yes —No Report discussed with the following affected departments: Public Works REVIEWED BY: ��11/ errence L. Belanger rank . Use epee A. Fritzal City Manager Assistant City Manager Administrative A s istant CITY COUNCIL REPORT AGENDA NO. MEETING DATE: May 21, 1996 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: JOINT RESOLUTION OF COUNTY OF LOS ANGELES BOARD OF SUPERVISORS, BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 21 AND THE CITY OF DIAMOND BAR REGARDING ANNEXATION NO. 647 RECOMMENDATION: Adopt Resolution No. 96 - XX approving the negotiated exchange of property tax revenues resulting from annexation No. 647 to County Sanitation District No. 21. FINANCIAL SUMMARY: No financial impact. DISCUSSION: When a new project or property owner not currently on a sanitary sewer system desires service, it must annex to the Sanitation District. In this case, the applicant has requested annexation to County Sanitation District 21. Existing residents within the district pay their respective cost for services on their tax bill. Due to SB 180, the sanitation district is precluded from collecting the portion of the sewer assessment on the tax increment without negotiating with the City to collect those taxes. By collecting this portion, everyone in the District pays the same amount. If this were not carried through, a newly annexed property would pay less then existing participants for the same services. The Sanitation District is therefore requesting the City to execute the attached resolution approving and accepting the negotiated property tax revenue sharing percentages. These are the same amounts the City "shares" from all other properties. The ad valorem property taxes that the City shares with the Sanitation District is from currently in realized property taxes. The City will be sharing 0.0397 of the Annual Tax Increment attributable to the land area encompassed within Annexation No. 647. Attachments: Resolution Area Map RESOLUTION NO. 96 - A JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES ACTING IN BEHALF OF LOS ANGELES COUNTY GENERAL FUND, LOS ANGELES COUNTY LIBRARY, LOS ANGELES COUNTY FLOOD CONTROL, LOS ANGELES COUNTY FIRE PROTECTION DISTRICT, LOS ANGELES COUNTY FIRE - FFW AND THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 21 OF THE COUNTY OF LOS ANGELES, AND THE GOVERNING BODIES OF CITY OF DIAMOND BAR, GREATER LOS ANGELES COUNTY VECTOR CONTROL DISTRICT, THREE VALLEYS MUNICIPAL WATER DISTRICT, CALIFORNIA WATER -WALNUT VALLEY WATER DISTRICT, CALIFORNIA WATER-WVWD-IMPROVEMENT DISTRICT 43, CALIFORNIA WATER-WVWD-IMPROVEMENT DISTRICT 44, APPROVING AND ACCEPTING NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUES RESULTING FROM ANNEXATION TO COUNTY SANITATION DISTRICT NO. 21., "ANNEXATION NO. 647" WHEREAS, pursuant to Section 99 and 99.1 of the Revenue and Taxation Code, prior to the effective date of any Jurisdictional change which will result in a special district providing a new service, the governing bodies of all local agencies that receive an apportionment of the property tax from the area must determine the amount of property tax revenues from the annual tax increment to be exchanged between the affected agencies and approve and accept the negotiated exchange of property tax revenues by resolution, and WHEREAS, the governing bodies of the agencies signatory hereto have made determinations of the amount of property tax revenues from the annual tax increments to be exchanged as a result of the annexation to County Sanitation District No. 21 entitled Annexation No. 647. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS SECTION I. The negotiated exchange of property tax revenues resulting from the annexation of territory to County Sanitation District No. 21 in the annexation entitled Annexation No. 647 is approved and accepted. SECTION II. For each fiscal year commencing on and after July 1, 1996 or after the effective date of this jurisdictional change, whichever is later, the County Auditor shall transfer to County Sanitation District No. 21 a total of 0.3594 percent of the Annual Tax Increment attributable to the land area encompassed within Annexation No. 647. Said percentage has been determined on the basis of the following contributions. AGENCY PERCENT Los Angeles County General Fund 0.1775 Los Angeles County Library 0.0147 Los Angeles County Flood Control 0.0069 Los Angeles County Fire Protection District 0.1032 Los Angeles County Fire - FFW 0.0087 City of Diamond Bar 0.0397 Greater Los Angeles County Vector Control District 0.0002 Three Valleys Municipal Water District 0.0021 California Water -Walnut Valley Water District 0.0004 California Water-WVWD-Improvement District #3 0.0048 California Water-WVWD-Improvement District #4 0.0012 TOTAL 0.3594 SECTION III. No additional transfer of property tax revenues shall be made from any other taxing agencies to County Sanitation District No. 21 as a result of annexation entitled Annexation No. 647. SECTION IV. No transfer of property tax revenues from properties within a community redevelopment project shall be made during the period that the entire tax increment is legally committed for repayment of the redevelopment project costs. SECTION V. The City Council of the City of Diamond Bar hereby authorizes the Mayor to execute the joint resolution referred to herein, a copy of which is attached and marked Exhibit "A." PASSED, APPROVED, AND ADOPTED this day of , 1996. Mayor I, TOMMYE A. NICE, Acting City Clerk of the City of Diamond Bar, California do hereby certify that the foregoing Resolution Number (1996) was duly and regularly passed and adopted by the City Council of the City of Diamond Bar, California, at its adjourned regular meeting held on the day of , 1996, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: TOMMYE A. NICE, ACTING CITY CLERK CITY OF DIAMOND BAR, CALIFORNIA RESOLUTION NO. 96 - A JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES ACTING IN BEHALF OF LOS ANGELES COUNTY GENERAL FUND, LOS ANGELES COUNTY LIBRARY, LOS ANGELES COUNTY FLOOD CONTROL, LOS ANGELES COUNTY FIRE PROTECTION DISTRICT, LOS ANGELES COUNTY FIRE - FFW AND THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 21 OF THE COUNTY OF LOS ANGELES, AND THE GOVERNING BODIES OF CITY OF DIAMOND BAR, GREATER LOS ANGELES COUNTY VECTOR CONTROL DISTRICT, THREE VALLEYS MUNICIPAL WATER DISTRICT, CALIFORNIA WATER -WALNUT VALLEY WATER DISTRICT, CALIFORNIA WATER-WVWD-IMPROVEMENT DISTRICT #3, CALIFORNIA WATER-WVWD-IMPROVEMENT DISTRICT 44, APPROVING AND ACCEPTING NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUES RESULTING FROM ANNEXATION TO COUNTY SANITATION DISTRICT NO.2 L, "ANNEXATION NO. 647" WHEREAS, pursuant to Section 99 and 99.1 of the Revenue and Taxation Code, prior to the effective date of any Jurisdictional change which will result in a special district providing a new service, the governing bodies of all local agencies that receive an apportionment of the property tax from the area must determine the amount of property tax revenues from the annual tax increment to be exchanged between the affected agencies and approve and accept the negotiated exchange of property tax revenues by resolution, and WHEREAS, the governing bodies of the agencies signatory hereto have made determinations of the amount of property tax revenues from the annual tax increments to be exchanged as a result of the annexation to County Sanitation District No. 21 entitled Annexation No. 647. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS SECTION I. The negotiated exchange of property tax revenues resulting from the annexation of territory to County Sanitation District No. 21 in the annexation entitled Annexation No. 647 is approved and accepted. SECTION II. For each fiscal year commencing on and after July 1, 1996 or after the effective date of this jurisdictional change, whichever is later, the County Auditor shall transfer to County Sanitation District No. 21 a total of 0.3594 percent of the Annual Tax Increment attributable to the land area encompassed within Annexation No. 647. Said percentage has been determined on the basis of the following contributions. AGENCY PERCENT —` Los Angeles County General Fund 0.1775 )s Angeles County Library 0.0147 Angeles County Flood Control 0.0069 L( kngeles County Fire Protection District 0.1032 Los Angeles County Fire - FFW 0.0087 City of Diamond Bar 0.0397 Greater Los Angeles County Vector Control District 0.0002 Three Valleys Municipal Water District 0.0021 California Water -Walnut Valley Water District 0.0004 California Water-WVWD-Improvement District #3 0.0048 California Water-WVWD-Improvement District #4 0.0012 TOTAL 0.3594 SECTION IIl. No additional transfer of property tax revenues shall be made from any other taxing agencies to County Sanitation District No. 21 as a result of annexation entitled Annexation No. 647. SECTION IV. No transfer of property tax revenues from properties within a community redevelopment project shall be made during the period that the entire tax increment is legally committed for repayment of the redevelopment project costs. SECTION V. The City Council of the City of Diamond Bar hereby authorizes the Mayor to execute the joint resolution referred to herein, a copy of which is attached and marked Exhibit "A." PASSED, APPROVED, AND ADOPTED this day of Mayor , 1996. I, TOMMYE A. NICE, Acting City Clerk of the City of Diamond Bar, California do hereby certify that the foregoing Resolution Number (1996) was duly and regularly passed and adopted by the City Council of the City of Diamond Bar, California, at its adjourned regular meeting held on the day of , 1996, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: TOMMYE A. NICE, ACTING CITY CLERK CITY OF DIAMOND BAR, CALIFORNIA JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES ACTING IN BEHALF OF Los Angeles County General Fund Los Angeles County Library Los Angeles County Flood Control Los Angeles County Fire Protection District Los Angeles County Fire - FFW THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 21 OF THE COUNTY OF LOS ANGELES, AND THE GOVERNING BODIES OF City of Diamond Bar Greater Los Angeles County Vector Control District Three Valleys Municipal Water District California Water -Walnut Valley Water District California Water-WVWD-Improvement District #3 California Water-WVWD-Improvement District #4 APPROVING AND ACCEPTING NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUES RESULTING FROM ANNEXATION TO COUNTY SANITATION DISTRICT NO. 21. "ANNEXATION NO. 647" WHEREAS, pursuant to Section 99 and 99.1 of the Revenue and Taxation Code, prior to the effective date of any jurisdictional change which will result in a special district providing a new service, the governing bodies of all local agencies that receive an apportionment of the property tax from the area must determine the amount of property tax revenues from the annual tax increment to be exchanged between the affected agencies and approve and accept the negotiated exchange of property tax revenues by resolution, and WHEREAS, the governing bodies of the agencies signatory hereto have made determinations of the amount of property tax revenues from the annual tax increments to be exchanged as a result of the annexation to County Sanitation District No. 21 entitled Annexation No. 647. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS 1. The negotiated exchange of property tax revenues resulting from the annexation of territory to County Sanitation District No. 21 in the annexation entitled Annexation No. 647 is approved and accepted. 2. For each fiscal year commencing on and after July 1, 1996 or after the effective date of this jurisdictional change, whichever is later, the County Auditor shall transfer to County Sanitation District No. 21 a total of 0.3594 percent of the Annual Tax Increment attributable to the land area encompassed within Annexation No. 647. Said percentage has been determined on the basis of the following contributions. Said percentage has been determined on the basis of the following contributions. AGENCY PERCENT Los Angeles County General Fund 0.1775 Los Angeles County Library 0.0147 Los Angeles County Flood Control 0.0069 Los Angeles County Fire Protection District 0.1032 Los Angeles County Fire - FFW 0.0087 City of Diamond Bar 0.0397 Greater Los Angeles County Vector Control District 0.0002 Three Valleys Municipal Water District 0.0021 California Water -Walnut Valley Water District 0.0004 California Water-WVWD-Improvement District #3 0.0048 California Water-WVWD-Improvement District #4 0.0012 TOTAL 0.3594 3. No additional transfer of property tax revenues shall be made from any other taxing agencies to County Sanitation District No. 21 as a result of annexation entitled Annexation No. 647. 4. No transfer of property tax revenues from properties within a community redevelopment project shall be made during the period that the entire tax increment is legally committed for repayment of the redevelopment project costs. The foregoing resolution was adopted by the Board of Supervisors of the County of Los Angeles, the Board of Directors of County Sanitation District No. 21 and the governing bodies of City of Diamond Bar, Greater Los Angeles County Vector Control District, Three Valleys Municipal Water District, California Water -Walnut Valley Water District, California Water-WVWD-Improvement District #3, and California Water-WVWD-Improvement District #4 signatory hereto. CITY OF DIAMOND BAR SIGNATURE PRINT NAME AND TITLE ATTEST: Secretary Date (SIGNED IN COUNTERPART) CITY OF DIAMOND n} j N 4 + Z F : b O b D 0 ZC U CCO O < N ' +0 X <m PROPOSED WV'LNiz.h,AV ip.N* Tllvw Z►:Z: S66: -330-L M N r 244� O < Q V Z OoUW = O0 O N U < W Q W Q a < Z W u O Q/ z W X 4 0 N¢LLJ d m LL 4 O 7 V 7 SOP U Q V civ n} j N 4 + Z F : b O b D 0 ZC U CCO O < N ' +0 X <m PROPOSED WV'LNiz.h,AV ip.N* Tllvw Z►:Z: S66: -330-L JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES ACTING IN BEHALF OF Los Angeles County General Fund Los Angeles County Library Los Angeles County Flood Control Los Angeles County Fire Protection District Los Angeles County Fire - FFW THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 21 OF THE COUNTY OF LOS ANGELES, AND THE GOVERNING BODIES OF City of Diamond Bar Greater Los Angeles County Vector Control District Three Valleys Municipal Water District California Water -Walnut Valley Water District California Water-WVWD-Improvement District #3 California Water-WVWD-Improvement District #4 APPROVING AND ACCEPTING NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUES RESULTING FROM ANNEXATION TO COUNTY SANITATION DISTRICT NO. 21. "ANNEXATION NO. 647" WHEREAS, pursuant to Section 99 and 99.1 of the Revenue and Taxation Code, prior to the effective date of any jurisdictional change which will result in a special district providing a new service, the governing bodies of all local agencies that receive an apportionment of the property tax from the area must determine the amount of property tax revenues from the annual tax increment to be exchanged between the affected agencies and approve and accept the negotiated exchange of property tax revenues by resolution, and WHEREAS, the governing bodies of the agencies signatory hereto have made determinations of the amount of property tax revenues from the annual tax increments to be exchanged as a result of the annexation to County Sanitation District No. 21 entitled Annexation No. 647. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS 1. The negotiated exchange of property tax revenues resulting from the annexation of territory to County Sanitation District No. 21 in the annexation entitled Annexation No. 647 is approved and accepted. 2. For each fiscal year commencing on and after July 1, 1996 or after the effective date of this jurisdictional change, whichever is later, the County Auditor shall transfer to County Sanitation District No. 21 a total of 0.3594 percent of the Annual Tax Increment attributable to the land area encompassed within Annexation No. 647. Said percentage has been determined on the basis of the following contributions. Said percentage has been determined on the basis of the following contributions. AGENCY PERCENT Los Angeles County General Fund 0.1775 Los Angeles County Library 0.0147 Los Angeles County Flood Control 0.0069 Los Angeles County Fire Protection District 0.1032 Los Angeles County Fire - FFW 0.0087 City of Diamond Bar 0.0397 Greater Los Angeles County Vector Control District 0.0002 Three Valleys Municipal Water District 0.0021 California Water -Walnut Valley Water District 0.0004 California Water-WVWD-Improvement District 43 0.0048 California Water-WVWD-Improvement District #4 0.0012 TOTAL 0.3594 3. No additional transfer of property tax revenues shall be made from any other taxing agencies to County Sanitation District No. 21 as a result of annexation entitled Annexation No. 647. 4. No transfer of property tax revenues from properties within a community redevelopment project shall be made during the period that the entire tax increment is legally committed for repayment of the redevelopment project costs. The foregoing resolution was adopted by the Board of Supervisors of the County of Los Angeles, the Board of Directors of County Sanitation District No 21 and the governing bodies of City of Diamond Bar, Greater Los Angeles County Vector Control District, Three Valleys Municipal Water District, California Water -Walnut Valley Water District, California Water-WVWD-Improvement District #3, and California Water-WVWD-Improvement District #4 signatory hereto. CITY OF DIAMOND BAR SIGNATURE PRINT NAME AND TITLE ATTEST: Secretary Date (SIGNED IN COUNTERPART) CI7'y N. 0 Nv Vim`• t�� m OF I Z I DIA MO.,y,D PROPOSED �i"LyiZ�JO\IP�VI TLT/� Z►tLL Li61-�36-t n � N A W g Z Q V Z O V N V C3 Z L] C:) C 0 u a Z yy�� N O V W X N¢ GO z } O j U 7 WP O z U Q {pi siu r� PROPOSED �i"LyiZ�JO\IP�VI TLT/� Z►tLL Li61-�36-t CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. , TO: Terrence L. Belanger, City Manager MEETING DATE: May 21, 1996 REPORT DATE: May 14, 1996 FROM: Kellee A. Fritzal, Administrative Assistant TITLE: JOINT RESOLUTION OF COUNTY OF LOS ANGELES BOARD OF SUPERVISORS, BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 21 AND THE CITY OF DIAMOND BAR REGARDING ANNEXATION NO. 631 SUMMARY: To receive off-site sewage disposal services, areas/property must annex to the Sanitation District. An applicant has requested that his/her property located within the City of Diamond Bar be annexed into County Sanitation District 21. In order to bring an area/property into the Sanitation District, the District has the obligation to negotiate with agencies receiving ad valorem taxes generated in the subject area. Consequently, the County Sanitation Districts of Los Angeles County is requesting the City to execute two copies of a joint resolution approving and accepting negotiated exchange of property tax revenues resulting from annexation to County Sanitation District No. 21. Currently, properties located in the Sanitation District, pay for the services and a portion of ad valorem property taxes is allocated to the District. The ad valorem property taxes that the City will share with the Sanitation District is based upon currently unrealized property taxes, due to the land being undeveloped. RECOMMENDATION: Adopt Resolution No. 96 - XX approving the negotiated exchange of property tax revenues pot errenc,, L. Belanger Frank M. Usher ` Kellee A. Fritzal City Manager Assistant City Manager Administrative Assistant resulting from Annexation No. 631 to County Sanitation District No. 21. EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed _ Yes X No by the City Attorney? 2. Does the report require a majority or 4/5 vote? MAJORITY 3. Has environmental impact been assessed? N/A _ Yes _ No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? X Yes _ No Report discussed with the following affected departments: Public Works pot errenc,, L. Belanger Frank M. Usher ` Kellee A. Fritzal City Manager Assistant City Manager Administrative Assistant CITY COUNCIL REPORT AGENDA NO. MEETING DATE: May 21, 1996 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: JOINT RESOLUTION OF COUNTY OF LOS ANGELES BOARD OF SUPERVISORS, BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 21 AND THE CITY OF DIAMOND BAR REGARDING ANNEXATION NO. 631 RECOMMENDATION: Adopt Resolution No. 96 - XX approving the negotiated exchange of property tax revenues resulting from annexation No. 631 to County Sanitation District No. 21. FINANCIAL SUMMARY: No financial impact. DISCUSSION: When a new project or property owner not currently on a sanitary sewer system desires service, it must annex to the Sanitation District. In this case, the applicant has requested annexation to County Sanitation District 21. Existing residents within the district pay their respective cost for services on their tax bill. Due to SB 180, the sanitation district is precluded from collecting the portion of the sewer assessment on the tax increment without negotiating with the City to collect those taxes. By collecting this portion, everyone in the District pays the same amount. If this were not carried through, a newly annexed property would pay less then existing participants for the same services. The Sanitation District is therefore requesting the City to execute the attached resolution approving and accepting the negotiated property tax revenue sharing percentages. These are the same amounts the City "shares" from all other properties. The ad valorem property taxes that the City shares with the Sanitation District is from currently in realized property taxes. The City will be sharing 0.0397 of the Annual Tax Increment attributable to the land area encompassed within Annexation No. 631. Attachments: Resolution Area Map RESOLUTION NO. 96 - A JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES ACTING IN BEHALF OF LOS ANGELES COUNTY GENERAL FUND, LOS ANGELES COUNTY LIBRARY, LOS ANGELES COUNTY FLOOD CONTROL, LOS ANGELES COUNTY FIRE PROTECTION DISTRICT, LOS ANGELES COUNTY FIRE - FFW AND THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 21 OF THE COUNTY OF LOS ANGELES, AND THE GOVERNING BODIES OF CITY OF DIAMOND BAR, GREATER LOS ANGELES COUNTY VECTOR CONTROL DISTRICT, THREE VALLEYS MUNICIPAL WATER DISTRICT, CALIFORNIA WATER -WALNUT VALLEY WATER DISTRICT, CALIFORNIA WATER-WVWD-IMPROVEMENT DISTRICT #3, CALIFORNIA WATER-WVWD-IMPROVEMENT DISTRICT 44, APPROVING AND ACCEPTING NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUES RESULTING FROM ANNEXATION TO COUNTY SANITATION DISTRICT NO. 21., "ANNEXATION NO. 631" WHEREAS, pursuant to Section 99 and 99.1 of the Revenue and Taxation Code, prior to the effective date of any Jurisdictional change which will result in a special district providing a new service, the governing bodies of all local agencies that receive an apportionment of the property tax from the area must determine the amount of property tax revenues from the annual tax increment to be exchanged between the affected agencies and approve and accept the negotiated exchange of property tax revenues by resolution, and WHEREAS, the governing bodies of the agencies signatory hereto have made determinations of the amount of property tax revenues from the annual tax increments to be exchanged as a result of the annexation to County Sanitation District No. 21 entitled Annexation No. 631. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS SECTION I. The negotiated exchange of property tax revenues resulting from the annexation of territory to County Sanitation District No. 21 in the annexation entitled Annexation No. 631 is approved and accepted. SECTION II. For each fiscal year commencing on and after July 1, 1996 or after the effective date of this jurisdictional change, whichever is later, the County Auditor shall transfer to County Sanitation District No. 21 a total of 0.3594 percent of the Annual Tax Increment attributable to the land area encompassed within Annexation No. 631. Said percentage has been determined on the basis of the following contributions. AGENCY PERCENT Los Angeles County General Fund 0.1775 Los Angeles County Library 0.0147 Los Angeles County Flood Control 0.0069 Los Angeles County Fire Protection District 0.1032 Los Angeles County Fire - FFW 0.0087 City of Diamond Bar 0.0397 Greater Los Angeles County Vector Control District 0.0002 Three Valleys Municipal Water District 0.0021 California Water -Walnut Valley Water District 0.0004 California Water-WVWD-Improvement District #3 0.0048 California Water-WVWD-Improvement District #4 0.0012 TOTAL 0.3594 SECTION III. No additional transfer of property tax revenues shall be made from any other taxing agencies to County Sanitation District No. 21 as a result of annexation entitled Annexation No. 631. SECTION IV. No transfer of property tax revenues from properties within a community redevelopment project shall be made during the period that the entire tax increment is legally committed for repayment of the redevelopment project costs. SECTION V. The City Council of the City of Diamond Bar hereby authorizes the Mayor to execute the joint resolution referred to herein, a copy of which is attached and marked Exhibit "A." PASSED, APPROVED, AND ADOPTED this day of Mayor , 1996. I, TOMMYE A. NICE, Acting City Clerk of the City of Diamond Bar, California do hereby certify that the foregoing Resolution Number (1996) was duly and regularly passed and adopted by the City Council of the City of Diamond Bar, California, at its adjourned regular meeting held on the day of , 1996, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: TOMMYE A. NICE, ACTING CITY CLERK CITY OF DIAMOND BAR, CALIFORNIA to l Y (P" r)IAMO NT) RAR AGENDA REPORT AGENDA NO_,l TO: Terrence L. Belanger, City Manager MEETING DATE: May 21, 1996 REPORT DATE: May 15, 1996 FROM: George A. Wentz, City Engineer TITLE: Landscaping Assessment District Number 38 SUMMARY: Pursuant to the City Council's direction of March 5, 1996 staff has prepared the Engineer's Report for District Number 38 for the 1996-97 Fiscal Year. Said report has been prepared pursuant to the provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highway Code of the State of California. RECOMMENDATION: It is recommended that the City Council approve the Engineer's Report, adopt the attached Resolution to declare the City's intention to levy and collect assessments for District Number 38 and direct the City Clerk to advertise the public hearing before the Council at the second regular meeting of June, 1996. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification X Resolution(s) Bid Specifications can file in City Clerk's office) _ Ordinances(s) X Other: Engineer's Report 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 Services REVIEWED BY: 4errence L. Belanger F nk er ldieorge A. Wentz City Manager Assistant City Manager City Engineer CITY COUNCIL REPORT AGENDA NO. MEETING DATE: May 21, 1996 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Landscaping Assessment District Number 38 ISSUE STATEMENT: Pursuant to the City Council's direction of March 5, 1996, staff has prepared the Engineer's Report for District Number 38 for the 1996-97 Fiscal Year. RECOMMENDATION: It is recommended that the City Council approve the Engineer's Report; adopt the attached Resolution to declare City's intention to levy and collect assessments for District Number 38; and direct the City Clerk to advertise the public hearing before the Council on the question of the levy of the proposed assessments on assessable lots within District Number 38. FINANCIAL SUMMARY: The revenues generated by these Districts are proposed to pay for it. There will be no impact on the City's General Funds. BACKGROUND/DISCUSSION : The attached Engineer's Report for the City's Landscaping Assessment District Number 38, which is prepared pursuant to provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highway Code of the State of California, includes authority for the report, estimated costs of improvements, a diagram for the District and the assessments. The estimated number of parcels within the existing District is 17,417 parcels. The amount assessed upon the lands within District Number 38 for Fiscal Year 1995-96 was $15.00 per parcel. The amount estimated to be assessed for Fiscal Year 1996-97 is to remain at $15.00 per parcel. The assessments will be utilized towards the general maintenance of City's medians and parkways, and Reserve Fund will be buildup to fund Phase II of the Golden Springs Drive Landscape Medians between Lemon Avenue and Gona Court. Prepared By: David G. Liu C \WP60\LINDAKAY\CCR-96\DISTd38 521 ENGINEER'S REPORT Update of ASSESSMENT DISTRICT NO. 38 Fiscal Year 1996-97 CITY OF DIAMOND BAR May 21, 1996 Prepared by: GFB-FRIEDRICH & ASSOC., INC. 6809 Indiana Avenue, Suite 201 Riverside, CA 92506 TABLE OF CONTENTS INTRODUCTION BOUNDARIES OF DISTRICT IMPROVEMENTS Landscaping FINANCIAL ANALYSIS Revenue Appropriations METHOD OF APPORTIONMENT ASSESSMENT ASSESSMENT ROLL EXHIBITS Exhibit "A-1" - Assessment Diagram Page 1 2 3 4 5 6 7 INTRODUCTION Pursuant to the order of the City Council of the City of Diamond Bar, this report is prepared in compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California. This report presents the engineering analysis for the 1996-97 Fiscal Year for the district known as: ASSESSMENT DISTRICT NO. 38 CITY OF DIAMOND BAR (Hereinafter referred to as "District") This District, by special benefit assessments, provides funding for the maintenance of landscaped areas owned by the City of Diamond Bar which are located in public rights-of-way within the City of Diamond Bar. Section 22573, Landscaping and Lighting Act of 1972, requires assessments to be levied according to benefit rather than according to assessed value. The section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000)) [of the Streets and Highways Code, State of California]." As the assessments are levied on the basis of benefit, they are considered a user's fee, not a tax, and, therefore, are not governed by Article XIIIA of the California Constitution. Properties owned by public agencies, such as a city, county, state or the federal government, are not assessable by law. BOUNDARIES OF DISTRICT The boundary of the District is completely within the City limits of the City of Diamond Bar and is shown on the Assessment Diagram (on file in the office of the City Clerk at the City Hall of Diamond Bar as Exhibit "A -l"). All parcels of real property included within the District are described in detail on maps on file in the Los Angeles County Assessor's office. 2 IMPROVEMENTS The facilities and items of servicing and maintenance included within the District are as follows: LandscapinS Servicing means the furnishing of water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including: 1. Repair, removal or replacement of all or any part of any landscape improvement. 2. Providing for the life, growth, health and beauty of landscaping, including without limitation, cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. 3. The removal of trimmings, rubbish, debris and other solid waste. Improvements to be serviced and maintained include, but are not limited to, median island and parkway landscaping on major streets and thoroughfares in the City of Diamond Bar. c FINANCIAL ANALYSIS The estimated funding for maintenance and servicing of landscaping for the update of Assessment District No. 38 for the 1996-97 Fiscal Year is as follows: 1996-97 Recommended Budget Revenue: Appropriation Fund Balance (from FY 1995-96) S 139,359 Property Tax and Assessments 261,255 Interest Revenue 2.Q00 TOTAL $ 402,614 Appropriations: Personal Services Salaries $ 6,525 City Paid Benefits 75 Benefits 915 Worker's Compensation Expense 260 Medicare Expense 95 Cafeteria Benefits 890 Operating Expenses Utilities 83,100 Maintenance -Grounds & Bldg 15,300 Professional Services 3,800 Contract Services 39,500 Future Capital Improvements 252,154 Reserves TOTAL $ 402,614 4 METHOD OF APPORTIONMENT The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the improvements, namely the maintenance and servicing of public landscaping improvements within such District. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City of Diamond Bar provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The primary benefits of landscaping are as set forth below: Beautification of the streets which are used by all of the residents in Diamond Bar. 2. A sense of community pride resulting from well-maintained green spaces. 3. The enhancement of the value of property which results from the foregoing benefits. Existing land use information indicates that well over 90 percent of the parcels within the City of Diamond Bar are residences. Because the special benefits derived apply equally to all residents and parcels, it has been determined that all assessable parcels would receive the same net assessment. 5 ASSESSMENT The amount to be assessed upon the lots and parcels within the District and the amount apportioned to each assessable parcel within the District is shown in the table below. Estimated Assessment Requirements: $ 261,255 Estimated Number of Parcels: 17,417 Estimated Assessment Per Parcel: $ 15.00 1995-96 Assessment Per Parcel: $ 15.00 1996-97 Assessment Per Parcel: $ 15.00 Difference: $ 0.00 0 ASSESSMENT ROLL The individual 19%-97 assessments, tabulated by Assessor's parcel number, are shown on an Assessment Roll on file in the Office of the City Clerk of the City of Diamond Bar as Exhibit "B" and are made a part of this report by reference. (The Assessment Roll is not included in this report due to its volume.) Dated: 44 y 1A P• , 1996 GFB-FRIEDRICH & ASSOC., INC. 7 A. FeEDICH EXHIBITS SHEET i OF i SHEET %7 fol .. ..... ... Nv- I? EXHIBIT "A-1" ASSESSMENT DIAGRAM ASSESSMENT DISTRICT N0.38 FISCAL YEAR 1996-97 ----------- for the CITY OF DIAMOND BAR ;==Z &HWOC, INC RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE ENGINEER'S REPORT FILED PURSUANT TO SECTION 22623 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE WITH RESPECT TO THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 38; AND DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN LANDSCAPING MAINTENANCE WITHIN SAID DISTRICT FOR FISCAL YEAR 1996-97; AND FIXING A TIME AND PLACE FOR A HEARING OF OBJECTIONS THEREON. A. RECITALS. (i) Heretofore the City of Diamond Bar Assessment District No. 38 was created pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§§ 22500, et. seq.). (ii) The City Engineer has prepared, filed with the City Clerk and presented to this Council a report relating to said assessment district pursuant to the provisions of the California Streets and Highways Code § 22623. (iii) Funds are being set aside for future Capital Improvement Projects. Projects being considered include but are not limited to; Brea Canyon Road south of Fountain Springs Road and medians between Gona Court and Lemon Avenue on Golden Springs Drive. No substantial changes are proposed in existing levels of maintenance. (iv) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION. NOW, THEREFORE, THE City Council of the City of Diamond Bar does hereby find, determine and resolve as follows: 1. The Recitals, as set forth in Part A of this Resolution, 1 are in all respects true and correct. 2. The above-described report submitted by the City Engineer relating to City of Diamond Bar Assessment District No. 38 is hereby approved as filed. 3. This Council hereby declares its intention to levy and collect assessments during Fiscal Year 1996-97 pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California, known as the "Landscaping and Lighting Act of 1972," within that area designated "City of Diamond Bar Assessment District No. 38," as shown on Exhibit "A-1" attached hereto and incorporated herein by reference. 4. A general description of the improvements proposed for the aforementioned district is as follows: The installations, maintenance and servicing of landscaping and any facilities which are appurtenant thereto or which are necessary or convenient for the maintenance and servicing thereof, including but not limited to, repair, removal or replacement, grading, clearing, removal of debris, pruning, fertilization, pest control and weed control, and the installation or construction of appurtenant facilities, including curbs, gutters, walls, sidewalks or paving, or water, irrigation, drainage, or electrical facilities. Said installation, maintenance and servicing of the landscaping and installation, maintenance and servicing of related work shall be within the area of Assessment District No. 38 as shown on Exhibit "A -l." 7 S. Reference is hereby made to the report of the City Engineer relating to the said assessment district hereinabove approved. Said report is on file with the City Clerk of the City of Diamond Bar and contains a full and detailed description of the improvements, the boundaries of the assessment district and contains the proposed assessments upon assessable lots and parcels of land within City of Diamond Bar Assessment District No. 38 for Fiscal Year 1996-97. Said proposed assessment per lot is the amount of $15.00, the same amount which was levied in Fiscal Year 1995-96. 6. This Council hereby fixes 7:00 p.m, on June 18, 1996 in the South Coast Air Quality Management District Auditorium, 21865 East Copley Drive, Diamond Bar, California, as the time and place for a hearing before this Council on this question of the levy of the proposed assessments on assessable lots with City of Diamond Bar Assessment District No. 38 for Fiscal Year 1996-97 and hereby gives notice of said hearing. 7. The City Clerk shall: (a) Certify to the adoption of this Resolution; and (b) Cause a true and correct copy of this Resolution to be published pursuant to California Government Code § 6061. PASSED, ADOPTED AND APPROVED this day of , 1996. 3 Mayor • 1. 1 t_v k,uuilcll OT I, Tommye A. Nice, Acting City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on the day of , 1996, by the following Roll Call vote: AYES.: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Tommye A. Nice, Acting City Clerk City cf Diamond Bar 4 $MEET t OF ISMEET 4. :• a . ! •�' „i: --. •fid, ���-����-���..``.�`•--_C� N� j _ • y .gin t * - 1011, <rt -1 l�A _ NR - - _ .,-mac yrs,. !`. ��%.. N`, •,'/ � `v� `e EXHIBIT NA -1" ASSESSMENT DIAGRAM (`T ASSESSMENT DISTRICT N0.38 FISCAL YEAR 1996-97 for the (��, } ,•. •,.• ..... ( Y CITY OF DIAMOND BAR (,VN VNI/IINIC/1 ci i i yr t�it�n�vrrU t3t%m AGENDA REPORT AGENDA NOS+ TO: Terrence L. Belanger, City Manager MEETING DATE: May 21, 1996 REPORT DATE: May 15, 1996 FROM: George A. Wentz, City Engineer TITLE: Landscaping Assessment District Number 39 SUMMARY: Pursuant to the City Council's direction of March 5, 1996 staff has prepared the Engineer's Report for District Number 39 for the 1996-97 Fiscal Year. Said report has been prepared pursuant to the provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highway Code of the State of California. RECOMMENDATION: It is recommended that the City Council approve the Engineer's Report, adopt the attached Resolution to declare the City's intention to levy and collect assessments for District Number 39 and direct the City Clerk to advertise the public hearing before the Council at the second regular meeting of June, 1996. LIST OF ATTACHMENTS: X Staff Report Public Hearing Notification _ X Resolution(s) Bid Specifications (on file in City Clerk's Office) _ Ordinances(s) X Other: Engineer's Report _ 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 Services _ REVIEWED BY: r errence L. Belanger Frank ser George A. Wentz City Manager Assistant City Manager City Engineer C: �WP,O\LINDAKAY PT "TR �-.'- CITY COUNCIL REPORT AGENDA NO. MEETING DATE: May 21, 1996 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Landscaping Assessment District Number 39 ISSUE STATEMENT: Pursuant to the City Council's direction of March 5, 1996, staff has prepared the Engineer's Report for District Number 39 for the 1996-97 Fiscal Year. RECOMMENDATION: It is recommended that the City Council approve the Engineer's Report; adopt the attached Resolution to declare City's intention to levy and collect assessments for District Number 39; and direct the City Clerk to advertise the public hearing before the Council on the question of the levy of the proposed assessments on assessable lots within District Number 39. FINANCIAL SUMMARY: The revenues generated by these Districts are proposed to pay for it. There will be no impact on the City's General Funds. BACKGROUND/DISCUSSION: The attached Engineer's Report for the City's Landscaping Assessment District Number 39, which is prepared pursuant to provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highway Code of the State of California, includes authority for the report, estimated costs of improvements, a diagram for the District and the assessments. The estimated number of parcels within the existing District is 1,271 parcels. The amount assessed upon the lands within District Number 39 for Fiscal Year 1995-96 was $130.00 per parcel. The amount estimated to be assessed for Fiscal Year 1996-97 is to remain at $130.00 per parcel. The assessments will be utilized towards general maintenance of slopes, open space areas and the five (5) mini parks within District 39. Prepared By: David G. Liu C \WP60\L NDAKAY\CCR-96\D1ST#39 521 ENGINEER'S REPORT Update of ASSESSMENT DISTRICT NO. 39 Fiscal Year 1996-97 CITY OF DIAMOND BAR June 6, 1996 Prepared by: GFB-FRIEDRICH & ASSOC., INC. 6809 Indiana Avenue, Suite 201 Riverside, CA 92506 TABLE OF CONTENTS INTRODUCTION BOUNDARIES OF DISTRICT IMPROVEMENTS Landscaping FINANCIAL ANALYSIS Revenue Appropriations METHOD OF APPORTIONMENT ASSESSMENT ASSESSMENT ROLL EXHIBITS Exhibit "A-2" - Assessment Diagram Page 1 2 3 4 5 6 7 INTRODUCTION Pursuant to the order of the City Council of the City of Diamond Bar, this report is prepared in compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California. This report presents the engineering analysis for the 1996-97 Fiscal Year for the district known as: ASSESSMENT DISTRICT NO. 39 CITY OF DIAMOND BAR (Hereinafter referred to as "District"). This District, by special benefit assessments, provides funding for the maintenance of landscaped areas owned by the City of Diamond Bar which are located in public rights-of-way within the City of Diamond Bar. Section 22573, Landscaping and Lighting Act of 1972, requires assessments to be levied according to benefit rather than according to assessed value. The section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000)) [of the Streets and Highways Code, State of California]." As the assessments are levied on the basis of benefit, they are considered a user's fee, not a tax, and, therefore, are not governed by Article XIIIA of the California Constitution. Properties owned by public agencies, such as a city, county, state or the federal government, are not assessable by law. BOUNDARIES OF DISTRICT The boundary of the District is shown on the Assessment Diagram (on file in the office of the City Clerk at the City Hall of Diamond Bar as Exhibit "A-2"). All parcels of real property included within the District are described in detail on maps on file in the Los Angeles County Assessor's office. Pj- IMPROVEMENTS The facilities and items of servicing and maintenance included within the District are as follows: Landscaping Servicing means the furnishing of water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including: 1. Repair, removal or replacement of all or any part of any landscape improvement. 2. Providing for the life, growth, health and beauty of landscaping, including without limitation, cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. 3. The removal of trimmings, rubbish, debris and other solid waste. The purpose of Assessment District No. 39 is for the maintenance and servicing of mini -parks, slopes and open spaces within the District. 3 FINANCIAL ANALYSIS The estimated funding for maintenance and servicing of landscaping for the update of Assessment District No. 39 for the 1996-97 Fiscal Year is as follows: 1996-97 Recommended Budget Revenue: Reserve Fund Balance (from FY 1995-96) $ 11,571 Property Tax and Assessments 165,230 Interest Revenue 300 TOTAL $ 177,101 Appropriations: Personal Services Salaries $ 6,525 City Paid Benefits 75 Benefits 915 Worker's Compensation Expense 260 Medicare Expense 95 Cafeteria Benefits 880 Operating Expenses Utilities 58,900 Maintenance -Grounds & Bldg. 16,000 Professional Services 5,400 Contract Services 73,080 Capital Improvements 0 Reserves 14.971 TOTAL $ 177,101 4 METHOD OF APPORTIONMENT The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the improvements, namely the maintenance and servicing of public landscaping improvements within such District. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City of Diamond Bar provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The primary benefits of landscaping are as set forth below: 1. Beautification of the streets which are used by all of the residents in Diamond Bar. 2. Public parks which can be utilized and enjoyed by all residents within the District. 3. A sense of community pride resulting from well-maintained green spaces. 4. The enhancement of the value of property which results from the foregoing benefits. Existing land use information indicates that all of the parcels within the District are residences. Because the special benefits derived apply equally to all residents and parcels, it has been determined that all assessable parcels would receive the same net assessment. 5 ASSESSMENT The amount to be assessed upon the lots and parcels within the District and the amount apportioned to each assessable parcel within the District is shown in the table below. Estimated Assessment Requirements: $ 165,230 Estimated Number of Parcels: 1,271 Estimated Assessment Per Parcel: $ 130.00 1995-96 Assessment Per Parcel: $ 130.00 1996-97 Assessment Per Parcel: $ 130.00 Difference: $ 0.00 T EXHIBITS EXHIBIT "A-2" ASSESSMENT DIAGRAM ASSESSMENT DISTRICT N0.39 FISCAL YEAR 1996-97 for the CITY OF DIAMOND BAR TIE CDY 6 MAIHW BNI 0 S00 1000 F.pO 2000 SHEET 7 OF 1 SHEET NUAMER FOP EACH LOT OR PARCEL WITHIN ASSESSOR'S PARCEL NUMBER AS ABBMNEO BY NGELES ASSESSOP'S OFFICE MISSIONS FOR EACN LOT ON PARCEL OF LAW WITHW SW WN ON THE ArAMR'S PARCEL MAPS ON RLE IN E LOS ANGELES COUNTY ASSESSOR OF THE CRY CLERK OF THE CITY OF DIAMOND IS ANGELES, STATE OF CALIFORNIA, THIS SS_ CITY CLERK OF THE CITY OF DIAMOND BAR OF THE COUNTY AUDITOR, COUNTY OF LOS' CALIFOR IA, THIS DAY OF , IB_ CITY CLERK OF THE CITY OF DIAMOND RAR CFR-FRIEDRICII RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE ENGINEER'S REPORT FILED PURSUANT TO SECTION 22623 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE WITH RESPECT TO THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 39; AND DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN LANDSCAPING MAINTENANCE WITHIN SAID DISTRICT FOR FISCAL YEAR 1996-97; AND FIRING A TINE AND PLACE FOR A HEARING OF OBJECTIONS THEREON. A. RECITALS. (i) Heretofore the City of Diamond Bar Assessment District No. 39 was created pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§§ 22500, et. seq.). (ii) The City Engineer has prepared, filed with the City Clerk and presented to this Council a report relating to said assessment district pursuant to the provisions of the California Streets and Highways Code § 22623. (iii) No substantial changes in existing improvements are proposed for said Assessment District No. 39. (iv) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION. NOW, THEREFORE, THE City Council of the City of Diamond Bar does hereby find, determine and resolve as follows: 1. The Recitals, as set forth in Part A of this Resolution, are in all respects true and correct. 2. The above-described report submitted by the City Engineer relating to City of Diamond Bar Assessment District No. 39 is hereby approved as filed. 1 3. This Council hereby declares its intention to levy and collect assessments during fiscal year 1996-97 pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California, known as the "Landscaping and Lighting Act of 1972," within that area designated "City of Diamond Bar Assessment District No. 39," as shown on Exhibit "A-211 attached hereto and incorporated herein by reference. 4. A general description of the improvements proposed for the aforementioned district is as follows: The maintenance and servicing of landscaping and any facilities which are appurtenant thereto or which are necessary or convenient for the maintenance and servicing thereof, including but not limited to, repair, removal or replacement, grading, clearing, removal of debris, pruning, fertilization, pest control and weed control, and the installation or construction of appurtenant facilities, including curbs, gutters, walls, sidewalks or paving, or water, irrigation, drainage, or electrical facilities. Said maintenance and servicing of the landscaping and installation, maintenance and servicing of related work shall be within the area of Assessment District No. 39 as shown on Exhibit "A-2." 5. Reference is hereby made to the report of the City Engineer relating to the said assessment district hereinabove approved. Said report is on file with the City Clerk of the City of Diamond Bar and contains a full and detailed description of the improvements, the boundaries of the assessment district and contains the proposed assessments upon assessable lots and parcels 04, I, Tommye A. Nice, Acting City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on the day of , 1996, by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Tommye A. Nice, Acting City Clerk City of Diamond Bar I L [TY Oi' L�i.Li..Cni771 giiz AGENDA REPORT AGENDA NO S TO: Terrence L. Belanger, City Manager MEETING DATE: May 21, 1996 REPORT DATE: May 15, 1996 FROM: George A. Wentz, City Engineer TITLE: Landscaping Assessment District Number 41 SUMMARY: Pursuant to the City Council's direction of March 5, 1996 staff has prepared the Engineer's Report for District Number 41 for the 1996-97 Fiscal Year. Said report has been prepared pursuant to the provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highway Code of the State of California. RECOMMENDATION: It is recommended that the City Council approve the Engineer's Report, adopt the attached Resolution to declare the City's intention to levy and collect assessments for District Number 41 and direct the City Clerk to advertise the public hearing before the Council at the second regular meeting of June, 1996. LIST OF ATTACHMENTS: X Staff Report i Public Hearing Notification X Resolution(s) _ Bid Specifications (o. file in City Clerks Office) Ordinances(s) X Other: Engineer's Report 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 Services REVIEWED BY: T'-Citv errence L. Belanger Frasher rge�A."Wentz City Manager AsManager City Engineer CITY COUNCIL REPORT AGENDA NO. MEETING DATE: May 21, 1996 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Landscaping Assessment District Number 41 ISSUE STATEMENT: Pursuant to the City Council's direction of March 5, 1996, staff has prepared the Engineer's Report for District Number 41 for the 1996-97 Fiscal Year. RECOMMENDATION: It is recommended that the City Council approve the Engineer's Report; adopt the attached Resolution to declare the City's intention to levy and collect assessments for District Number 41, and direct the City Clerk to advertise the public hearing before the Council on the question of the levy of the proposed assessments on assessable lots within District Number 41. FINANCIAL SUMMARY: The revenues generated by these Districts are proposed to pay for it. There will be no impact on the City's General Funds. BACKGROUND/DISCUSSION: The attached Engineer's Report for the City's Landscaping Assessment District Number 41, which is prepared pursuant to provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highway Code of the State of California, includes authority for the report, estimated costs of improvements, a diagram for the District and the assessments. The estimated number of parcels within the existing District is 554 parcels. The amount assessed upon the lands within District Number 41 for Fiscal Year 1995-96 was $220.50 per parcel. The amount estimated to be assessed for Fiscal Year 1996-97 is to remain at $220.50 per parcel. The assessments will be utilized towards general maintenance of mini parks, slopes, and open space areas within District 41. Prepared By: David G. Liu C' \WP60\LINDAKAY\C'C'R-96\DIs'r#41 521 ENGINEER'S REPORT Update of ASSESSMENT DISTRICT NO. 41 Fiscal Year 1996-97 CITY OF DIAMOND BAR May 21, 1996 Prepared by: GFB-FRIEDRICH & ASSOC., INC. 6809 Indiana Avenue, Suite 201 Riverside, CA 92506 TABLE OF CONTENTS INTRODUCTION BOUNDARIES OF DISTRICT IMPROVEMENTS Landscaping FINANCIAL ANALYSIS Revenue Appropriations METHOD OF APPORTIONMENT ASSESSMENT ASSESSMENT ROLL EXHIBITS Exhibit "A-3" - Assessment Diagram Page 1 2 3 4 5 6 7 INTRODUCTION Pursuant to the order of the City Council of the City of Diamond Bar, this report is prepared in compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California. This report presents the engineering analysis for the 1996-97 Fiscal Year for the district known as: ASSESSMENT DISTRICT NO. 41 CITY OF DIAMOND BAR (Hereinafter referred to as "District"). This District, by special benefit assessments, provides funding for the maintenance of landscaped areas owned by the City of Diamond Bar which are located in public rights-of-way within the City of Diamond Bar. Section 22573, Landscaping and Lighting Act of 1972, requires assessments to be levied according to benefit rather than according to assessed value. The section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000)) [of the Streets and Highways Code, State of California]." As the assessments are levied on the basis of benefit, they are considered a user's fee, not a tax, and, therefore, are not governed by Article XIIIA of the California Constitution. Properties owned by public agencies, such as a city, county, state or the federal government, are not assessable by law. BOUNDARIES OF DISTRICT The boundary of the District is shown on the Assessment Diagram City Clerk at the City Hall of Diamond Bar as Exhibit "A-3"). included within the District are described in detail on maps on fil 2 e Assessor's office. (on file in the office of the All parcels of real property in the Los Angeles County IMPROVEMENTS The facilities and items of servicing and maintenance included within the District are as follows: Landscaping Servicing means the furnishing of water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including: 1. Repair, removal or replacement of all or any part of any landscape improvement. 2. Providing for the life, growth, health and beauty of landscaping, including without limitation, cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. 3. The removal of trimmings, rubbish, debris and other solid waste. The purpose of Assessment District No. 41 is for the maintenance and servicing of mini -parks, slopes and open spaces within the District. 3 FINANCIAL ANALYSIS The estimated funding for maintenance and servicing of landscaping for the update of Assessment District No. 41 for the 1996-97 Fiscal Year is as follows: 1996-97 Recommended Budget Revenue: Appropriation Fund Balance (from FY 1995-96) $ 168,658 Property Tax and Assessments 122,157 Interest Revenue 3.000 TOTAL $ 293,815 Appropriations: Personal Services Salaries $ 6,525 City Paid Benefits 75 Benefits 915 Worker's Compensation Expense 260 Medicare Expense 95 Cafeteria Benefits 880 Operating Expenses Utilities 62,000 Maintenance -Grounds & Bldg 10,000 Professional Services 5,700 Contract Services Contract Services 35,400 Weed/Pest Abatement 14,000 Capital Improvements 0 Reserves 157,965 TOTAL $ 293,815 4 METHOD OF APPORTIONMENT The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the improvements, namely the maintenance and servicing of public landscaping improvements within such District. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City of Diamond Bar provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The primary benefits of landscaping are as set forth below: Beautification of the streets which are used by all of the residents in Diamond Bar. 2. Public parks which can be utilized and enjoyed by all residents within the District. 3. A sense of community pride resulting from well-maintained green spaces. 4. The enhancement of the value of property which results from the foregoing benefits. Existing land use information indicates that all of the parcels within the District are residences. Because the special benefits derived apply equally to all residents and parcels, it has been determined that all assessable parcels would receive the same net assessment. 61 ASSESSMENT The amount to be assessed upon the lots and parcels within the District and the amount apportioned to each assessable parcel within the District is shown in the table below. Estimated Assessment Requirements: $122,157 Estimated Number of Parcels: 554 Estimated Assessment Per Parcel: $ 220.50 1995-96 Assessment Per Parcel: $ 220.50 1996-97 Assessment Per Parcel: $ 220.50 Difference: $ 0.00 T ASSESSMENT ROLL The individual 1996-97 assessments, tabulated by Assessor's parcel number, are shown on an Assessment Roll on file in the Office of the City Clerk of the City of Diamond Bar as Exhibit "B" and are made a part of this report by reference. (The Assessment Roll is not included in this report due to its volume.) Dated: Rd -1 14 , 1996 GFB-FRIEDRICH & ASSOC., INC. FRlFo'P/ * 07 nZ /� NO 2861 * N A. FRI DR CH EXPCIVIL 7 EXHIBIT "A-3" ASSESSMENT DIAGRAM ASSESSMENT DISTRICT N0.41 FISCAL YEAR 1996-97 for the CITY OF DIAMOND BAR THE ASSESSMENT NUTABER FOR EACH LOT OR —CEL WITHIN THE STRICT b TETE ASSESSORS PARCEL NUMBER AS ASSIGNED BY THE COUNTY OF LOS ANGELES ABSESSOFFS DFRCE THE LINES AND OWENSILMB FOR EACH LOT OR FARCEL OF LAND W (THIN THE OBTMCT ARE BHDNN ON THE ASBEBBOIYS FARCEL MA50x FILE Ix THE OFFICE OF THE LOS ANGELES COLMTY ASSESSOR 'SER ry CaRTFEY a THE cnY a num eER o wo wo Ew �Eoa SHEET I OF I SHEET FILED IN THE OFFICE OF THE CITY CLERK OR THE CITY OF DIAMOND BARCOUNTY OF LOS ANGELES, STATE OF CALIFORNIA, THIS DAY OF IB_ CITY CLERK OF THE CITY OF DIAMOND BAR FILED IN THE OFFICE OF THE COUNTY AUDITOR, COUNTY OF L05 ANGELES STATE OF CALIFDRMA, THIS DAY OF IS_ CITY CLERE OF THE CITY OF DIAMOND BAR GFB-FRIEDRICH & ASSOC., INC. RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE ENGINEER'S REPORT FILED PURSUANT TO SECTION 22623 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE WITH RESPECT TO THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 41; AND DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN LANDSCAPING MAINTENANCE WITHIN SAID DISTRICT FOR FISCAL YEAR 1996-97; AND FIXING A TIME AND PLACE FOR A HEARING OF OBJECTIONS THEREON. A. RECITALS. (i) Heretofore the City of Diamond Bar Assessment District No. 41 was created pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§§ 22500, et. seq.). (ii) The City Engineer has prepared, filed with the City Clerk and presented to this Council a report relating to said assessment district pursuant to the provisions of the California Streets and Highways Code § 22623. (iii) No substantial changes in existing improvements are proposed for said Assessment District No. 41. (iv) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION. NOW, THEREFORE, THE City Council of the City of Diamond Bar does hereby find, determine and resolve as follows: 1. The Recitals as set forth in Part A of this Resolution, are in all respects true and correct. 2. The above-described report submitted by the City Engineer relating to City of Diamond Bar Assessment District No. 41 is hereby approved as filed. 1 3. This Council hereby declares its intention to levy and collect assessments during fiscal year 1996-97 pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California, known as the "Landscaping and Lighting Act of 1972," within that area designated "City of Diamond Bar Assessment District No. 41," as shown on Exhibit "A-3" attached hereto and incorporated herein by reference. 4. A general description of the improvements proposed for the aforementioned district is as follows: The maintenance and servicing of landscaping and any facilities which are appurtenant thereto or which are necessary or convenient for the maintenance and servicing thereof, including but not limited to, repair, removal or replacement, grading, clearing, removal of debris, pruning, fertilization, pest control and weed control, and the installation or construction of appurtenant facilities, including curbs, gutters, walls, sidewalks or paving, or water, irrigation, drainage, or electrical facilities. Said maintenance and servicing of the landscaping and installation, maintenance and servicing of related work shall be within the area of Assessment District No. 41 as shown on Exhibit "A-3." 5. Reference is hereby made to the report of the City Engineer relating to the said assessment district hereinabove approved. Said report is on file with the City Clerk of the City of Diamond Bar and contains a full and detailed description of the improvements, the boundaries of the assessment district and contains the proposed assessments upon assessable lots and parcels 2 of land within City of Diamond Bar Assessment District No. 41 for fiscal year 1996-97. Said proposed assessment per lot is the amount of $220.50, the same amount which was levied in fiscal year 1995-96. 6. This Council hereby fixes 7:00 p.m. on June 18, 1996 in the South Coast Air Quality Management District Auditorium, 21865 East Copley Drive, Diamond Bar, California, as the time and place for a hearing before this Council on this question of the levy of the proposed assessments on assessable lots with City of Diamond Bar Assessment District No. 41 for fiscal year 1996-97 and hereby gives notice of said hearing. 7. The City Clerk shall: (a) Certify to the adoption of this Resolution; and (b) Cause a true and correct copy of this Resolution to be published pursuant to California Government Code § 6061. PASSED, ADOPTED AND APPROVED this day of Mayor 1996. I, Tommye A. Nice, Acting City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on the day of , 1996, by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL'MEMBERS: ATTEST: Tommye A. Nice, Acting City Clerk City of Diamond Bar 51 SHEET 10F 1 SHEET EXHIBIT "A-3" ASSESSMENT DIAGRAM ASSESSMENT DISTRICT N0.41 FISCAL YEAR 1996-97 for the CITY OF DIAMOND BAR Li t S1 r� 1 I N HALE: r' . 90D 4 • • • I ♦ �U FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY DIAMOND BAR, COUNTY OF LOS ANGELES. STATE Of CALIFORNIA,A. THIS • ^^ DAY Of \J` CITY CLERK OF THE CITY OF DIAMOND BAR FILED IN THE OFFICE OF THE COUNTY AUDITOR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, THIS DAY OF 19_ CITY CLERK OF THE CITY OF DIAMOND BAR THE ASSESSMENT NUMBER FOR EACH LOT OR PARCEL WITHIN THE DISTRICT IS THE ASSESSOR'S PARCEL NUMBER AS ASSIGNED RBY THE COUNTY OF LOS ANGELES ASSESSORS OFFICE. TH NES AND DMTE WPDNS FOR EACH LOT OR PAIICIEL OF LAND WITHIN O THEDISTRICT ARE SHOWN ON THE ASSESSOR'S PARCEL MAPS ON FILE IN h THE OFFICE OF THE LOS ANGELES COUNTY ASSESSOR. -am My CaNIESY a GFB-FRIEDRICH Txf cm a DUMao eAR & ASSOC., INC. 0 RN Ea0 Sao ,•. .. CITY OF DIAMOND BAR AGENDA REPORT AGENDA IVO. .0 TO: Honorable Mayor and Members of the City Council MEETING DATE: May 21, 1996 REPORT DATE: May 15, 1996 FROM: Troy L. Butzlaff, Assistant to the City Manager TITLE: 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. SUMMARY: In February, the City Council approved a cost-sharing agreement with the City of Walnut for the purpose of retaining the law firm of Burke, Williams & Sorensen to provide special legal services related to the proposed Materials Recovery Facility in the City of Industry. Recently, the City received notice that the firm's Lead Special Counsel, Colin Lennard, has accepted an offer to become an equity partner in the law firm of Fulbright & Jaworski. The cities could continue their contractual relationship with Burke, Williams & Sorensen or decide to solicit additional proposals for special legal services. However, staff believes that it would be advantageous to have Mr. Lennard continue his work because he has specialized in the practice of environmental and land use law for the past twenty years and is completely familiar with the legal issues related to this project. RECOMMENDATION: It is recommended that the City Council approve and authorize the City Manager to: (1) provide written notice of termination to the Burke, Williams & Sorensen; and (2) enter into a cost-sharing agreement with the City of Walnut, in an amount not -to -exceed $15,000.00, for the purpose of retaining Fulbright & Jaworski to provide special legal services related to the proposed Material Recovery Facility in the City of Industry. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification _ Resolution(s) _ Bid Specification _ Ordinances(s) Agreement(s) SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed —Yes X No by the City Attorney? 2. Does the report require a majority or 4/5 vote? MAJORITY 3. Has environmental impact been assessed? N/A _ Yes _ No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: REVIEWED BY: Terrence L. Belanger City Manager Frank . Usher Assistant City Manager Troy 6,BAtzlaff Assistant the City Manager CITY COUNCIL REPORT AGENDA NO. MEETING DATE: May 21, 1996 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: 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 Council terminate its contract with Burke, Williams & Sorensen for special legal services and enter into a new agreement with the City of Walnut for the purpose of retaining Fulbright and Jaworski as special legal counsel related to the proposed Industry Materials Recovery Facility? RECOMMENDATION: It is recommended that the City Council approve and authorize the City Manager to: (1) provide written notice of termination to the Burke, Williams & Sorensen; and (2) enter into a cost-sharing agreement with the City of Walnut, in an amount not -to -exceed $15,000.00, for the purpose of retaining Fulbright & Jaworski to provide special legal services related to the proposed Material Recovery Facility in the City of Industry. FINANCIAL SUMMARY: The City Council has previously allocated $15,000 (001-4020-4021) in Fiscal Year 1995-96 for special legal services related to this project. There is an remaining fund balance of approximately $13,000.00 in this account. BACKGROUND: In February, the City Council approved a cost-sharing agreement with the City of Walnut for the purpose of retaining the law firm of Burke, Williams & Sorensen to provide special legal services related to the proposed Materials Recovery Facility in the City of Industry. Recently, the City received notice that the firm's Lead Special Counsel, Colin Lennard, has accepted an offer to become an equity partner in the law firm of Fulbright & Jaworski. Fulbright & Jaworski is a large international law firm with over 630 lawyers. It is considered to be the seventh largest firm in the nation. Fulbright has offices in New York, Washington D.C., Houston, Dallas, Austin, Los Angeles, London, Zurich, and Hong Kong. Mr. Lennard will be managing the firm's environmental law practice for the entire western United States. Mr. Lennard has indicated that he is interested in continuing to serve as special legal counsel for the Cities' under a new contract with Fulbright and Jaworski. Fulbright has reviewed the existing contract with Burke, Williams & Sorensen and is willing to extend the same terms and conditions. While the cities could continue their contractual relationship with Burke, Williams & Sorensen or decide to solicit additional proposals for special legal services, staff believes that it would be advantageous to have Mr. Lennard continue his work because he has specialized in the practice of environmental and land use law for the past twenty years and is completely familiar with the legal issues related to this project. DISCUSSION: Staff has discussed this matter with representatives from the City of Walnut. Based upon our initial discussions, it is apparent that the City of Walnut is supportive of having Mr. Lennard continue to serve as special legal counsel. Staff has been informed that the Walnut City Council will be considering this matter at their next scheduled City Council meeting. Staff believes that it is in the best interest of the City to have Mr. Lennard continue as special legal counsel on matters related to the Industry Materials Recovery Facility. His expertise in the area of environmental law and intrinsic knowledge of the environmental issues surrounding the proposed project are of critical importance to the City. Therefore, it is staff s recommendation that the City Council authorize the City Manager to provide formal written notice of termination to Burke, Williams & Sorensen. It is further recommend that the City Council approve the joint agreement with the City of Walnut and authorize the City Manager to execute the necessary contractual documents to retain the law firm of Fulbright & Jaworski. PREPARED BY: 43 rw ii> '�-' -,,A Troy B laff Assistant e City l --Z Attachment CITY ciw r)T-ftwim!) t4 -nu AGENDA REPORT AGENDA NO. 5 TO: Terrence L. Belanger, City Manager MEETING DATE: May 21, 1996 REPORT DATE: May 15, 1996 FROM: George A. Wentz, City Engineer TITLE: Resolution No. 96 -XX approving the amendment to and execution of Agreement No. 1 (District Agreement No. 4004 A-1) SUMMARY: In order for the State of California Department of Transportation to pay for the additional construction cost of $4,199.67 for the Pathfinder Road Widening Project, Agreement No. 1 (District Agreement No. 4004 A-1) will need to be amended. Per actual field conditions, additional work was needed to repair an erosion damaged slope on the east side of Pathfinder Bridge, do additional paving, and install one detector loop. The State has agreed to pay for the additional work of an agreed cost of $4,199.67. RECOMMENDATION: That the City Council adopt Resolution No. 96 -XX approving the amendment to and execution of Agreement No. 1 (District Agreement No. 4004 A-1). LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification X Resolution(s) _ Bid Specification (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 by the City reviewed by the City Attorney? X Yes _ No 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? N/A _ Yes _ No 4. Has the report been reviewed by a Commission? N/A _ Yes _ No Which Commission? 5. Are other departments affected by the report? N/A_ Yes _ No t Report discussed with the following affected deparments: N/A REVIEWED BY: Terrence L. Belanger Ftank' M. 6r�GdoYgL✓K. "Weft City Manager Assistant City Manager City Engineer CITY COUNCIL REPORT MEETING DATE: May 21, 1996 AGENDA NO. TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Resolution No. 96 -XX approving the amendment to and execution of Agreement No. 1 (District Agreement No. 4004 A-1) ISSUE STATEMENT: Amend Agreement No. 1 (District Agreement No. 4004 A-1) so that the additional construction cost, $4,199.67, associated with the Pathfinder Road Widening Project can be paid by the State of California Department of Transportation. RECOMMENDATION: That the City Council adopt Resolution No. 96 -XX approving the amendment to and execution of Agreement No. 1 (District Agreement No. 4004 A-1). FINANCIAL SUMMARY: The proposed recommendation will have no cost to the City. BACKGROUND/DISCUSSION: The City of Diamond Bar entered into an agreement with the State of California Department of Transportation and County of Los Angeles to widen the Pathfinder Road Bridge, modify the ramps and traffic signals on State Route 57 at Pathfinder Road and construct a park -n -ride facility in the northeast quadrant of the interchange area. Additional construction cost, in the amount of $4,199.67, was incurred during the widening project. Per actual field conditions, additional work was needed to repair an erosion damaged slope on the east side of Pathfinder Bridge, do additional paving, and install one detector loop. The State has agreed to pay for the additional work at an agreed cost of $4,199.67. Pursuant to the State of California Department of Transportation's request, in order to pay said amount, Agreement No. 1 (District Agreement No. 4004 A- 1), needs to be amended. Prepared By: David G. Liu Tseday Aberra RESOLUTION NO. 96 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE AMENDMENT TO AND EXECUTION OF AGREEMENT NO. 1 (DISTRICT AGREEMENT NO. 4004 A-1) A. RECITALS. (i) The parties hereto entered into an Agreement (District Agreement 4004, Document No, 8291), on May 26, 1992. Said Agreement defining the terms and conditions of the widening of the overcrossing and the roadway approaches, and modifying the ramps and traffic signals on Route 57 at Pathfinder Road, and to construct a Park and Ride facility in the northeast quadrant of the interchange area, referred to herein as "PROJECT". (ii) Per actual filed conditions, additional work was needed to repair an erosion damaged slope, do additional paving, and install one detector loop. State has agreed to pay for the PROJECT's additional work at an agreed cost of $4,199.67 (See attachments). B. RESOLUTION. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: 1. State shall now pay the additional construction cost of $4,199.67 within 60 days after execution of this Amendment to Agreement; 2. This Amendment to Agreement does not in any other way change City and County's obligations, as stated in said Agreement No. 4004 (Document No. 8291); 3. All other terms and conditions of said Agreement No. 4004 are hereby deemed to be a part of said Document No, 8291; and 4. The City Council of the City of Diamond Bar hereby authorizes and directs the City Clerk return the original and three (3) copies (total of four) of the executed Agreement, along with certified copies of the County and City Council's resolution authorizing its execution to the State of California Department of Transportation. PASSED, APPROVED and ADOPTED this day of , 1996 MAYOR I, TOMMYE A. NICE, Acting 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 , 1996 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Acting City Clerk City of Diamond Bar STATE OF-CALIFORNIA—BUSINESS AND TRANSPORTATION AGENCY PETE WILSON, Govemor DEPARTMENT OF TRANSPORTATION DISTRICT 7, 120 SO. SPRING ST. LOS ANGELES, CA 90012 0- (213) 897-365213 ) 897-9020 April 10, 1996 Mr. Harry W. Stone Director of Public Works County of Los Angeles 900 South Freemont Avenue Alhambra, California 91803 Attn: Mr. Maged E1-Rabaa Dear Mr. Stone: 07 -LA -57 R3.17 at Pathfinder Road Widen OC and Construct Park & Ride 07231 - 019010 and 016048 APR 18 1996 CITY m. Transmitted herewith for the County and City's execution is Amendment to Agreement No. 1 (District Agreement No. 4004 A-1). This Amendment will enable the State to pay for the additional construction cost for the Pathfinder Road Widening Project. All other terms and conditions remain in effect. Please return the original and 3 copies (total 4) of the executed Agreement, along with certified copies of the County and City Council's resolution authorizing its execution. The fourth and fifth copy is for your and city's files pending the State's execution. one fully executed copy will be returned to you and City for your records. Should you have any questions or need additional informa- tion, please contact me at the above number. Sincerely, HAN CHEN, P.E. Senior Transportation Engineer office of Project Development H Attachment August 23 1995 Mr. Ken Steele, District Director Department of Transportation 120 South Spring Street Los Angeles, CA 90012 Dear Mr. Steele: PATHFINDER ROAD AT ROUTE 57 STATE COOPERATIVE AGREEMENT NO. 66056 JOB NO. X2106182 FI -8 Enclosed is Department of Public Work's Invoice 59600002977 for supplemental change order work for the subject project. As indicated in the enclosed letters, Caltrans has agreed to pay the cost of items contracted by our Department. As shown in the attached listing of final contract costs, the total amount due for the additional work is $4,199.67. Please remit this amount. If you have any questions regarding this billing, please contact Ms. Fe Jimenez at (818) 458-6513. Very truly yours, HARRY W. STONE Director of Public Works E )"AN� Fiscal Division LW: lm FI-8/AR-8/2977 Enc. bc: Programs Development Construction Fiscal (Masoni) 224=1 DFW PPUBW "svD- `s, INVOICE PREPARATION COPY DESCRIPTION AMOUNT Billing for supplemental change order work for Pathfinder Road At Route 57 - State Cooperative P.O. Box 7437 MAIL TO 1WDUNT DUZ $ 4,199.67 Fund Revenue Source Alhambra, CA 91802-7437 B03 9963 $ STREETADDRESS 900 South Fremont Avenue LW:lm INVOICE Alhambra, CA 91803 FI-8/AR-8/2977A CUSTOMER DATE Mr. Ken Steele, District Director ACCT. NO. NUMBER Mo. DAY YR PAGE TO. Department of Transportation 120 South Spring Street PW15943 59600002977 08 23 95 Los Angeles, CA 90012 224=1 DFW PPUBW "svD- `s, INVOICE PREPARATION COPY DESCRIPTION AMOUNT Billing for supplemental change order work for Pathfinder Road At Route 57 - State Cooperative Agreement No. 66056 Job No. X2106182 1WDUNT DUZ $ 4,199.67 Fund Revenue Source Amount B03 9963 $ 4,199.67 LW:lm FI-8/AR-8/2977A 224=1 DFW PPUBW "svD- `s, INVOICE PREPARATION COPY CASH CONTRACT 2575R - PATHFINDER ROAD AT ROUTE 57 FINAL CONTRACT COSTS ITEM NO. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 DESCRIPTION UNIT UNIT QUANTITY PRICE AMOUNT FURNISH FIELD OFFICE TRAFFIC CONTROL SYSTEM TEMPORARY TRAFFIC STRIPE (TAPE) TEMPORARY METAL BEAM GUARD RAILING TEMPORARY RAILING (TYPE K) TEMPORARY CRASH CUSHION MODULE REMOVE CHAIN LINK FENCE REMOVE TEMPORARY RAILING REMOVE GUARD RAILING REMOVE PAINTED TRAFFIC STRIPE AND PAVEMENT REMOVE TRAFFIC STRIPE AND PAVEMENT MARKING REMOVE PAVEMENT MARKER RECONSTRUCT CONCRETE BARRIER RELOCATE CONCRETE BARRIER (TYPE K) RELOCATE CHAIN LINK FENCE RELOCATE CRASH CUSHION RELOCATE ROADSIDE SIGN RELOCATE SIGN STRUCTURE (BRIDGE -MOUNTED) ADJUST MANHOLE COLD PLANE ASPHALT CONCRETE PAVEMENT REMOVE CONCRETE BRIDGE REMOVAL (PORTION) CLEARING AND GRUBBING REMOVE TREE ROADWAY EXCAVATION STRUCTURE EXCAVATION (BRIDGE) STRUCTURE BACKFILL (BRIDGE) PREVIOUS BACKFILL MATERIAL EMBANKMENT TRANSPLANT TREE 8" CORRUGATED HIGH DENSITY POLYETHYLENE P1 IRRIGATION SYSTEM EXTEND IRRIGATION CROSSOVER CLASS 4 AGGREGATE SUBBASE CLASS 2 AGGREGATE BASE LEAN CONCRETE BASE ASPHALT CONCRETE (TYPE B) PAVEMENT REINFORCING FABRIC 16" CAST -IN -DRILLED -HOLE CONCRETE PILING LS Complete LS $12,000.00 LS Complete LS 40,000.00 LF 20,771.00 $ 1.40 29,079.40 LF 0.00 55.00 0.00 LF 2,620.00 18.00 47,160.00 EA 62 300.00 18,600.00 LF 1,106.00 5.00 5,530.00 LF 2,620.00 5.00 13,100.00 LF 50.40 10.00 504.00 SF 7,923.00 1.50 11,884.50 SF 6,461.00 0.50 3,230.50 EA 2,615 2.00 5,230.00 LF 178.00 80.00 14,240.00 LF 60.00 15.00 900.00 LF 945.00 7.00 6,615.00 EA 0 100.00 0.00 EA 8 135.00 1,080.00 EA 1 4,000.00 4,000.00 EA 1 350.00 350.00 SY 667.00 8.00 5,336.00 CY 23.00 150.00 3,450.00 LS Complete LS 25,000.00 LS Complete LS 6,000.00 EA 12 300.00 3,600.00 CY 2,634.00 15.00 39,510.00 CY 372.00 27.00 10,044.00 CY 208.00 60,000.00 12,480.00 CY 15.00 100.00 1,500.00 CY 73.00 20.00 1,460.00 EA 21 1,150.00 24,150.00 LF 70.00 10.00 700.00 LS Complete LS 12,000.00 LF 15.00 25.00 375.00 CY 213.00 20.00 4,260.00 CY 2,199.00 23.00 50,577.00 CY 4.00 250.00 1,000.00 TON 1,657.23 30.00 49,716.90 SY 1,520.00 3.00 4,560.00 LF 664.00 35.00 23,240.00 ITEM NO. DESCRIPTION UNIT UNIT QUANTITY PRICE AMOUNT 40 FURNISH PILING (CLASS 70) 41 DRIVE PILE (CLASS 70) 42 PRESTRESSING CAST -IN-PLACE CONCRETE 42a STRUCTURAL CONCRETE, BRIDGE (4000PSI @ 28) 43 STRUCTURAL CONCRETE, BRIDGE FOOTING 44 STRUCTURAL CONCRETE, BRIDGE 45 MINOR CONCRETE (MINOR STRUCTURE) 46 MINOR CONCRETE (RETAINING WALL FOOTING) 47 DRILL AND GROUT DOWEL 48 DRILL AND BOND DOWEL 49 RETAINING WALL STEM (TYPE 6) 50 STRIP WATERSTOP 51 BAR REINFORCING STEEL (BRIDGE) 52 BAR REINFORCING STEEL (RETAINING WALL) 53 ROADSIDE SIGN - ONE POST 54 ROADSIDE SIGN - TWO POST 55 INSTALL PARKING LOT SIGN 56 24" WELDED PIPE (.250" THICK) 57 36" ALTERNATIVE PIPE INLET 58 MINOR CONCRETE (CURB AND GUTTER) 59 MINOR CONCRETE (ISLAND PAVING) 60 MINOR CONCRETE (DRIVEWAY) 61 MINOR CONCRETE (SIDEWALK) 62 MINOR CONCRETE (CURB, SIDEWALK, & WHEELCHAIR) 63 MISCELLANEOUS METAL (BRIDGE) 64 CHAIN LINK FENCE (TYPE CL -3) 65 CHAIN LINK FENCE (TYPE CL -5) 66 CHAIN LINK RAILING (TYPE 7) 67 CONCRETE BARRIER (TYPE 26) 68 CONCRETE BARRIER (TYPE 26 MODIFIED) 69 CONCRETE BARRIER (TYPE 26A MODIFIED) 70 THERMOPLASTIC PAVEMENT MARKING 71 PAINT TRAFFIC STRIPE (2 -COAT) 72 PAINT PAVEMENT MARKING (2 -COAT) 73 PAVEMENT MARKER (NON -REFLECTIVE) 74 PAVEMENT MARKER (REFLECTIVE) 75 SIGNAL AND LIGHTING 76 LIGHTING (CITY STREET) LF 1,960.00 $ 3.00 $ 5,880.00 EA 40 1,000.00 40,000.00 LS Complete LS 30,000.00 CY 821.00 340.00 279,140.00 CY 139.00 160.00 22,240.00 CY 49.00 450.00 22,050.00 CY 3.00 750.00 2,250.00 CY 69.00 225.00 15,525.00 LF 26.00 20.00 520.00 LF 13.00 20.00 260.00 SF 2,620.00 7.00 18,340.00 LF 149.00 20.00 2,980.00 LB 185,000.00 0.75 138,750.00 LB 6,288.00 1.00 6,288.00 EA 4 200.00 800.00 EA 2 2,500.00 5,000.00 LS Complete LS 600.00 LF 292.00 66.00 19,272.00 LS Complete LS 2,000.00 CY 191.00 240.00 45,840.00 CY 50.00 100.00 5,000.00 CY 8.00 200.00 11600.00 CY 41.00 180.00 7,380.00 CY 103.00 210.00 21,630.00 LB 845.00 3.00 2,535.00 LF 655.00 7.00 4,585.00 LF 0.00 15.00 0.00 LF 560.00 47.00 26,320.00 LF 240.00 95.00 22,800.00 LF 280.00 55.00 15,400.00 LF 40.00 95.00 3,800.00 SF 1,101.00 4.00 4,404.00 LF 16,214.00 0.25 4,053.50 SF 315.00 2.00 630.00 EA 654 2.00 1,308.00 EA 569 5.00 2,845.00 LS Complete LS 105,000.00 LS Complete LS 40,000.00 ITEM NO. DESCRIPTION 77 1-1/2" CONDUIT 78 MODIFY RAMP METERING SYSTEM 79 NO. 5 PULL BOX 80 PARKING BUMPER (PRECAST CONCRETE) S-1 DELETE STAGE II S-2 REPAIR N/B FREEWAY SHOULDER S-3 ERECT GAWK SCREEN S-4 RELOCATE CONDUIT UNDER ABUTMENT # 3 S-5 MODIFY S/B FWY DETOUR S-6 EMERGENCY AND UNEXPECTED WORK S-7 RELOCATE METERING PULL BOX S-8 RELOCATE PULL BOXES S-9 TEMPORARY RELOCATE ELECTROLIERS S-10 POT HOLE UTILITIES S-11 REPAIR CONDUIT UNDER DRIVEWAY S-12 RELOCATE MEDIAN DRAIN S-13 INSTALL WIRES S-14 MODIFY 50 BARRIERS S-15 STAGE III DETOUR S-16 DELETE PORTION OF BRIDGE REMOVAL S-17 EROSION REPAIR S-18 REPAIR S/B OFF RAMP UNIT UNIT QUANTITY PRICE AMOUNT LF 140.00 $ 12.00 $ 1,680.00 LS Complete LS 25,000.00 EA 2 250.00 500.00 LS Complete LS $ 3,500.00 LS Complete LS 0.00 LS Complete LS 19,401.76 LS Complete LS 0.00 LS Complete LS 2,045.97 LS Complete LS 0.00 LS Complete LS 9,293.58 LS Complete LS 738.27 LS Complete LS 3,265.54 LS Complete LS 1,396.34 LS Complete LS 1,784.74 LS Complete LS 714.41 LS Complete LS 2,018.12 LS Complete LS 3,562.75 LS Complete LS 1,626.07 LS Complete LS 5,902.12 LS Complete LS -1,700.00 LS Complete LS 2,895.67 LS Complete LS 1,304.00 TOTAL CONTRACT COST $1,504,417.14 NOTE: The state has agreed to reimburse the County in full for items S-17 and S-18. See attached letters. BC:rl P:\SEC\RL\BC-01 STATE OF CALIFORNIA TRANSPORTATION AGENCY PETE WILSON. Governor DEPARTMENT OF TRANSPORTATION District 07 Construction Field Office (818) 338-9440 (818) 962-8783 (fax) November 9, 1993 Los Angeles County Department of Public Works P.O. Box 1460 Alhambra, CA 91802-1460 Attn: Neil Munaweera, P.E. Civil Engineer Construction Division Neil, We have received and reviewed Heritage's cost proposal to do additional paving and install one loop. Please see attached for our revisions. Please review these revisions and supply additional information to support your cost if you feel these are in error. Based on the revisions the State hereby approves $1,304.00 to do the above mentioned work. Sincerely, A( � f �(!r Y �'` use Kent Mehta, P.E. frtl Senior Transportation Engineer S'[.`.TE OF CALIFORNIA. TRANS; .TATION AGENCY PETE Wn.SON. Governor DEPARTMENT OF TRANSPORTATION District 07 Construction Field Office (818) 338-9440 (818) 962-8783 (fax) October 29, 1993 Los Angeles County Department of Public Works P.O. Box 1460 Alhambra, CA 91802-1460 Attn: Neil Munaweera, P.E. Civil Engineer Construction Division Neil, Your cost proposal of $2,895.67 to repair the erosion damaged slope on the east side of Pathfinder Bridge is hereby approved. The State will pay 100% for this work. Sincerely, v Kent Mehta, P.E. Senior Transportation Engineer July 17, 1995 FI -8 Mr. George Wentz Interim City Engineer City of Diamond Bar 21660 East Copley Drive, Suite 100 Diamond Bar, CA 91765-4177 Dear Mr. Wentz: PATHFINDER ROAD AT THE ORANGE FREEWAY (ROUTE 57) CITY OF DIAMOND BAR -COUNTY -STATE COOPERATIVE AGREEMENT NO. 66056 FINAL ACCOUNTING - CASH CONTRACT NO. 2575R Enclosed is Department of Public Works' Invoice No. S9500002967 showing an itemization of the City of Diamond Bar's share of the cost of the subject project, based on a final accounting of project costs. Also enclosed is an itemized accounting of actual construction contract quantities and corresponding unit prices. Under the terms of the subject Agreement, the County is to perform the preliminary engineering for the subject project at County expense and provide a fixed contribution of $342,000.00 toward the construction cost of the project. The State is also to provide a fixed contribution of $342,000.00. The Agreement further provides for the City to utilize City Federal -aid Urban (FAU) funds and Regional FAU (RFAU) funds previously assigned to the County under Agreement No. 64739 and to deposit other City funds with the County to finance the remaining construction cost. As shown on the invoice, the City's actual share of the project cost is $1,153,528.36. After consideration of the City's assignments of $271,100.00 in FAU funds and $547,000.00 in RFAU funds to the County, and previous cash deposit of $307,900.00, there is a balance due of $27,528.36. Please remit this amount. Please note that the amounts shown on the final invoice reflect the actual field measurement of quantities required to complete the project in accordance with the approved plans. Mr. George Wentz July 17, 1995 Page 2 If you have any questions regarding this billing, please contact Ms. Fe Jimenez at (818) 458-6513. Very truly yours, HARRY W. STONE Director of Public Works ELAINE MCDANIEL,ie Fiscal Division LW: lm FI-8/AR-7/PATHFD/2967 Enc. bc: Programs Development (City Services, Federal, PH:.:&C,) Construction Fiscal (Masoni) MAKE CHECKS PAYABLE TO -► LOS AP' —ELES COUNTY DEPARTMENT O' 13UBLIC WORKS MAILTo 01 P.O. Box 7437 Alhambra, CA 91802-7437 STREET 900SmA ADDRESS INVOICE 900 South Fremont Averwe Alhambra, CA 91803 CUSTOMER DATE City of Diamond Bar ACCT. NO. NUMBER MO. DAY YR PAGE TO: 21660 East Copley Drive, Suite 100 PW 30 S9500002967 07 117 1 95 1 Diamond Bar, CA 91765-4177 PUSUCO"R�-�` DIVISION COPY PuaucwoRKs o-eos1 DESCRIPTION AMOUNT Final Accounting to widen, resurface, and reconstruct the bridge and bridge roadway on Pathfinder Road over Orange Freeway (State Route 57) - Cooperative Agreement No. 66056. Job No. X2106182. Project Costs City's Share Construction Contract $ 1,504,417.14 $ 1,504,417.14 Preliminary Engineering Labor 274,057.54 Equipment 1,016.67 Material 500.06 Miscellaneous 16,327.26 Administration 35,077.53 $ 326,979.06 $ 0.00 Construction Survey Labor 35,652.53 Equipment 580.15 Administration 4,788.01 $ 41,020.69 $ 41,020.69 Construction Engineering Labor 195,860.88 Equipment 8,429.68 Miscellaneous 5,774.34 Administration 26,387.93 $ 236,452.83 $ 236,452.83 Traffic Detour Labor 12,518.77 Equipment 1,449.50 Material 2,722.05 Miscellaneous 2,467.71 Administration 1,742.14 $ 20,900.17 $ 20,900.17 PUSUCO"R�-�` DIVISION COPY PuaucwoRKs o-eos1 MAKE CHECKS PAYABLE TO -o LOS AI 'ELES COUNTY DEPARTMENT O' ')UBLIC WORKS MAILTO P.O. Box 7437 Alhambra, CA 91802.7437 S 0 SouthDDRESS I NVOI C E 900 South Fremont Avenue Alhambra. CA 91803 CUSTOMER DATE TO: ACCT. NO. NUMBER Mo. DAY YR PAGE City of Diamond Bar 21660 East Copley Drive, Suite 100 PW 30 IS9500002967 07 17 95 2 Diamond Bar, CA 91765-4177 DESCRIPTION AMOUNT Project Costs City's Share Material Testing Labor 334.07 Equipment 404.01 Miscellaneous 38,152.94 Administration 46.18 $ 38,937.20 $ 38,937.20 Total Project Costs $ 2, 168, 707. 09 $ 1,841,728.03 Less: County's Fixed Contribution 342,000.00 State's Fixed Contribution 342,000.00 Items S17 6 S18 Paid by the State 4,199.67 Deposit 307,900.00 City FAU Assigned under Agmt 64739 271,100.00 Regional FAU Allocation Assigned 547,000.00 TOTAL AMUNT DUM $ 27� 8.36 I Fund Revenue Source Amount B03 9376 $27,528.36 LW: 1m FI-8/AR-7/PATHFD/2967A 22-0081 DPW REV. 994 DIVISION COPY p+JeLIC WORKS 01 WE 1 CASH CONTRACT 2575R - PATHFINDER ROAD AT ROUTE 57 FINAL CONTRACT COSTS ITEM NO. DESCRIPTION UNIT UNIT QUANTITY PRICE AMOUNT 1 FURNISH FIELD OFFICE 2 TRAFFIC CONTROL SYSTEM 3 TEMPORARY TRAFFIC STRIPE (TAPE) 4 TEMPORARY METAL BEAM GUARD RAILING 5 TEMPORARY RAILING (TYPE K) 6 TEMPORARY CRASH CUSHION MODULE 7 REMOVE CHAIN LINK FENCE 8 REMOVE TEMPORARY RAILING 9 REMOVE GUARD RAILING 10 REMOVE PAINTED TRAFFIC STRIPE AND PAVEMENT 11 REMOVE TRAFFIC STRIPE AND PAVEMENT MARKING 12 REMOVE PAVEMENT MARKER 13 RECONSTRUCT CONCRETE BARRIER 14 RELOCATE CONCRETE BARRIER (TYPE K) 15 RELOCATE CHAIN LINK FENCE 16 RELOCATE CRASH CUSHION 17 RELOCATE ROADSIDE SIGN 18 RELOCATE SIGN STRUCTURE (BRIDGE -MOUNTED) 19 ADJUST MANHOLE 20 COLD PLANE ASPHALT CONCRETE PAVEMENT 21 REMOVE CONCRETE 22 BRIDGE REMOVAL (PORTION) 23 CLEARING AND GRUBBING 24 REMOVE TREE 25 ROADWAY EXCAVATION 26 STRUCTURE EXCAVATION (BRIDGE) 27 STRUCTURE BACKFILL (BRIDGE) 28 PREVIOUS BACKFILL MATERIAL 29 EMBANKMENT 30 TRANSPLANT TREE 31 8" CORRUGATED HIGH DENSITY POLYETHYLENE P1 32 IRRIGATION SYSTEM 33 EXTEND IRRIGATION CROSSOVER 34 CLASS 4 AGGREGATE SUBBASE 35 CLASS 2 AGGREGATE BASE 36 LEAN CONCRETE BASE 37 ASPHALT CONCRETE (TYPE B) 38 PAVEMENT REINFORCING FABRIC 39 16" CAST -IN -DRILLED -HOLE CONCRETE PILING LS Complete LS $12,000.00 LS Complete LS 40,000.00 LF 20,771.00 $ 1.40 29,079.40 LF 0.00 55.00 0.00 LF 2,620.00 18.00 47,160.00 EA 62 300.00 18,600.00 LF 1,106.00 5.00 5,530.00 LF 2,620.00 5.00 13,100.00 LF 50.40 10.00 504.00 SF 7,923.00 1.50 11,884.50 SF 6,461.00 0.50 3,230.50 EA 2,615 2.00 5,230.00 LF 178.00 80.00 14,240.00 LF 60.00 15.00 900.00 LF 945.00 7.00 6,615.00 EA 0 100.00 0.00 EA 8 135.00 1,080.00 EA 1 4,000.00 4,000.00 EA 1 350.00 350.00 SY 667.00 8.00 5,336.00 CY 23.00 150.00 3,450.00 LS Complete LS 25,000.00 LS Complete LS 6,000.00 EA 12 300.00 3,600.00 CY 2,634.00 15.00 39,510.00 CY 372.00 27.00 10,044.00 CY 208.00 60,000.00 12,480.00 CY 15.00 100.00 1,500.00 CY 73.00 20.00 1,460.00 EA 21 1,150.00 24,150.00 LF 70.00 10.00 700.00 LS Complete LS 12,000.00 LF 15.00 25.00 375.00 CY 213.00 20.00 4,260.00 CY 2,199.00 23.00 50,577.00 CY 4.00 250.00 1,000.00 TON 1,657.23 30.00 49,716.90 SY 1,520.00 3.00 4,560.00 LF 664.00 35.00 23,240.00 ITEM NO. DESCRIPTION 77 1-1/2" CONDUIT 78 MODIFY RAMP METERING SYSTEM 79 NO. 5 PULL BOX 80 PARKING BUMPER (PRECAST CONCRETE) S-1 DELETE STAGE II S-2 REPAIR N/B FREEWAY SHOULDER S-3 ERECT GAWK SCREEN S-4 RELOCATE CONDUIT UNDER ABUTMENT # 3 S-5 MODIFY S/B FWY DETOUR S-6 EMERGENCY AND UNEXPECTED WORK S-7 RELOCATE METERING PULL BOX S-8 RELOCATE PULL BOXES S-9 TEMPORARY RELOCATE ELECTROLIERS S-10 POT HOLE UTILITIES S-11 REPAIR CONDUIT UNDER DRIVEWAY S-12 RELOCATE MEDIAN DRAIN S-13 INSTALL WIRES S-14 MODIFY 50 BARRIERS S-15 STAGE III DETOUR S-16 DELETE PORTION OF BRIDGE REMOVAL S-17 EROSION REPAIR S-18 REPAIR S/B OFF RAMP TOTAL CONTRACT COST $1.504,417.14 NOTE: The state has agreed to reimburse the County in full for items S-17 and S-18. See attached letters. BC:rl P:\SEC\RL\BC-01 UNIT UNIT QUANTITY PRICE AMOUNT LF 140.00 $ 12.00 $ 1,680.00 LS Complete LS 25,000.00 EA 2 250.00 500.00 LS Complete LS $ 3,500.00 LS Complete LS 0.00 LS Complete LS 19,401.76 LS Complete LS 0.00 LS Complete LS 2,045.97 LS LS Complete Complete LS LS 0.00 9,293.58 LS Complete LS 738.27 LS Complete LS 3,265.54 LS Complete LS 1,396.34 LS Complete LS 1,784.74 LS Complete LS 714.41 LS Complete LS 2,018.12 LS Complete LS 3,562.75 LS Complete LS 1,626.07 LS Complete LS 5,902.12 LS Complete LS -1,700.00 LS Complete LS 2,895.67 LS Complete LS 1,304.00 TOTAL CONTRACT COST $1.504,417.14 NOTE: The state has agreed to reimburse the County in full for items S-17 and S-18. See attached letters. BC:rl P:\SEC\RL\BC-01 INTEROFFICE MEMORANDUM CITY OF DIAMOND BAR TO: Mayor and City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Increase in Contract Amount for Special Legal Services DATE: May 21, 1996 RECOMMENDATION: It is recommended that the City Council authorize an additional $3,500 for special legal services related to Days Hotel Transient Occupancy Tax (TOT) lawsuit. DISCUSSION: The City Council had previously authorized monies for special legal services related to Oak Tree Lanes v. Diamond Bar litigation and Days Hotel TOT delinquency lawsuit. Mr. Michael Montgomery has been retained as Associate Attorney to represent the City in these matters. Due to the length and complexity of the Oak Tree Lanes litigation and the costs related thereto, a request for additional monies is necessary to complete the representation of the City regarding the Days Hotel litigation. The City entered into an amended agree- ment with Mr. Montgomery for $20,000. Staff is requesting and increase in the contract for an additional $3,500. The total cost for legal services related to these matters is $23,500. nbw CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: May 21, 1996 REPORT DATE: May 15, 1996 FROM: Bob Rose, Community Services Director TITLE: Extension of contract for Maintenance of Eight (8) City Parks. SUMMARY: At its meeting on June 15, 1993, the City Council awarded a contract to Accurate Landscape & Maintenance Corporation, in the amount of $102,600 for the period of July 1, 1993 through June 30, 1994, for the maintenance of eight (8) City Parks in Diamond Bar. The contact allows the City Council to extend the contract on an annual basis, up to five times, if an extension is deemed to be in the best interest of the City. The contract was extended by the City Council on August 16, 1994 in the amount of $102,600 for the period of July 1, 1994 through June 30, 1995 and again at the April 18, 1995 meeting for the period of July 1, 1995 through June 30, 1996. Under terms of the contract, the contractor is (Continued on Page 2) RECOMMENDED ACTION: It is recommended that the City Council approve the extension of the contract with Accurate Landscape & Maintenance Corporation for the maintenance of eight (8) City Parks in Diamond Bar for fiscal year 1996/97 in an amount not to exceed $102,600. LIST OF ATTACHMENTS: Staff Report _ Resolution(s) _ Ordinance(s) X Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been _ Public Hearing Notification Bid Specifications (on file in City Clerk's office) Other: Letter of Agreement REVIEWED BY: Terrence L. Belanger City Manager rank .Use BoVkose Assistant City Manager Community Services Director reviewed by the City Attorney? X Yes No 2. Does the report require a majority vote? X Yes No 3. Has environmental impact been assessed? Yes X No 4. Has the report been reviewed by a Commission? Yes X No What Commission? 5. Are other departments affected by the report? Yes X No Report discussed with the following affected departments: None REVIEWED BY: Terrence L. Belanger City Manager rank .Use BoVkose Assistant City Manager Community Services Director Agenda Report Park Maintenance Contract Extension Page 2 SUMMARY (Continued) normally entitled to a C.P.I. adjustment on the extension. Accurate Landscape and Maintenance Corporation has agreed to forgo this adjustment for the 1996/97, as it has done for the last two years. After three years of servicing this contract, Accurate Landscape and Maintenance Corporation has proven to be excellent at completing the detailed work that the specifications require under the terms of this contract. Staff believes that the annual cost of $102,600 for this service is very competitive. The bid by Accurate Landscape & Maintenance Corporation was $3,900 (3.8%) lower than the next lowest bid, which was $106,500. In addition to budget considerations, service to the community must also be considered. Past experience has shown that when a new contractor comes in to start servicing this contract, it takes approximately three to six months to get all the details worked out. Extending the contract will not only allow the City to continue to provide quality service to the community, but it makes good economic sense as well. ; May -15-96 22:30 City of Diamond Bar, CA 909-861-:1117 P.02 Eileen It. Anari Mayor Robert S. HuN Mayor NO Tem Clair W. Harmony Cotmcfl memh(-r Carol Herten (.buni:il Member Gary H. Werner Council Member Kqw,-r.'cd ov., May 15, 1996 City of Diamond Bar 21660 E. Copley Drive, Suite 100 • Diamond Bar, CA 91765-4177 (909) 860`2489 • /-ax: (909) 641.3117 Internet: kite://www.d.dlamorA4ur.a.us Thomas Olsen, President Accurate Landscape and Maintenance Corporation 1910 Lime Orange, CA 92665 RE: CITY PARKS MAINTENANCE CONTRACT Dear Mr. Olsen: This is to inform you that the City of Diamond Bar Is interest( -d in extending the City Parks Maintenance Contract with Accurate landscape and Maintenance Corporation from July 1, 1996 through June 30, 1997. The contract will remain the same amount as the 1993/'94, 1994/95 and '995/96 contracts, 58,550 per month or 5102,600 per year. Upon approval of this contract extension by the Diamond Ilar City Council, a purchase order in the amount not to exceed $102,600 will be processed and forwarded to you. Sincerely, Bob Row, Director Community Services Department By signing below, the parties agree to the above terms. dfZ.Z�lff-AEX-7 Mayor Date Pre�ldent Date City of Diamond alar Accurate ,ipe 8t Maim. Corp. A ttesC City Clerk Date Approved as to Form: City Attorney Date E08 LZO 38VOSONV1 31tianoov GE:st 91 -SO -966[ KNOW ALL MEN BY THESE PRESENTS: That the following agreement is made and entered into, in duplicate, as of the date executed by the City Clerk and the -Mayor, by and between ACCURATE LANDSCAPE AND MAINTENANCE 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 said notice; and WHEREAS, City did accept the bid of Contractor ACCURATE LANDSCAPE AND MAINTENANCE CORPORATION and; WHEREAS, City has authorized the City Clerk and Mayor to enter into a written contract with Contractor for furnishing labor, equipment and material for Maintenance of eight 481 communityan rks in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: The work to be done under this Agreement shall include the furnishing of all labor, material and equipment necessary for the provision of the landscape and aPBurtenant maintenance services as set forth in the specifications for the maintenance of city parks in the City of Diamond Bar. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The aforesaid specifications are incorporated herein by reference thereto and made a part hereof with like force and effect as if all of said documents were set forth in full herein. Said documents, the Resolution Inviting Bids attached hereto, 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. H ti e a. The undersigned bidder agrees to execute the contract within ten (10) calendar days from the date of notice of award of contract. This agreement shall take effect and commence on July 1. 1993 for a period of twelve (12) months. b. The City shall have the option to extend this agreement up to five (5) additional one (1) year periods, subject to the same terms and conditions contained herein, by giving the contractor written notice of exercise of this option to renew at least thirty (30) days prior to the expiration of the initial term of this Agreement, or of any. additional one (1) year extensions. 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. Compensation Insurance: Before beginning work, the Contractor shall furnish to the City a certificate of insurance as proof that he has taken out full compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accord- ance 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. 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 require every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance wit 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 qualified 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 said 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." 01 5) Otherwise be in a 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, at the time of the execution of,the contract, present the original policies of insurance required in paragraphs a. and b. hereof, or present a certificate of the insurance company, showing the issuance of such insurance, and the additional insureds 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 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 pre- vailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. 6. APPRENTICESHIP EMPLOYMENT: 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 Section 1777.5 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. 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 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. 5 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 said laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of said 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 shall not be answerable or account- able 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 employees of the contractor, of his subcontractors 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, except the sole negligence or willful mis- conduct of City, its employees, servants or independent contrac- tors who are directly responsible to City during the progress of the work or at any time before its completion and final acceptance. The Contractor will indemnify City against and will hold and save City 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 pro- vided for herein, whether or not there is concurrent passive or active negligence on the part of City, but excluding such actions, claims, damages to persons or property, penalties, obligations, or liabilities arising from the sole negligence or willful misconduct of City, its employees, servants or independent contractors who are directly responsible to City, and in connection therewith: 0 a. The Contractor will defend any action or actions filed in connection with any of said 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 City 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 City harmless therefrom. C. In the event City, without fault, is 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 of the Contractor hereunder, the Contractor agrees to pay to City and any all costs and expenses incurred by City 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. 10. NON-DISCRIMINATION: No discrimination shall be made in the employment of persons upon public works because of the race, color or religion of such persons, and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Division 2, Part 7, Chapter 1 of the Labor Code in accordance with the provisions of Section 1735 of said Code. 11. CONTRACT PRICE AND PAYMENT: Except where additional compensation is specifically provided for in this Agreement, City will pay contractor for his services under this Agreement set forth in Bid Sheet, one month in arrears, on the last day of the month, or as soon thereafter as payment is approved by the City Council. In the event the City exercises its option to extend the term of this Agreement as provided in paragraph 3.b., Contractor's monthly compensation shall be subject to adjustment at the commencement of the extended term and annually thereafter ("the adjustment date") as follows: The compensation provided herein shall be adjusted to reflect the increase, if any, in the cost of living during the previous year.. This will be accomplished by multiplying the current level of the contractor's compensation by the percentage of increase in the Consumer Price Index ("CPI") for the month immediately preceding the Adjustment Date (the "Index Month") over 7 the CPI for the month one year prior to the Inde3 index that will be used for this calculation is Los Angeles -Anaheim -Riverside Metropolitan area by the Bureau of Labor Statistics of the United of Labor. If the Index is discontinued, the shall, at its discretion, substitute for the similar index as it may deem appropriate. Month. The "CPI" identified as the Index as reported States Department Director's office Index such other 12. ATTORNEY'S FEES: In the event that any action or proceeding is brought by either party to enforce any term or provision of the Agreement, the prevailing party shall recover its reasonable attorney's fees and costs incurred with respect thereto. 13. TERMINATION: This Agreement may be terminated by the City upon the giving of a written "Notice of Termination" to Contractor at least thirty (30) days prior to the date of termination specified in said notice. In the event of such termination, Contractor shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. 8 IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed with all the formalities required by law on the respective dates set forth opposite their signatures. State of California Contractor's License No. L --77 Date APPROVED AS TO FORM: By: Date Ti le TitLe CITY OF D AMOND B , FORNIA By: By: Contractor's Business Phone: Emergency Phone at which Contractor May be reached at any time: �j CITY OF DIAMOND BAR BID OPENING LOG SHEET BID OPENING DATE: ,J Q ► 99 3 PROJECT NO.:.......1•a �,��, � DN arm e4 6Q^4P� . . BInnDDERS NAME BID BOND BID AMOUNT tl /4l7" vn 4P L.a►.m c�SC.ne �i�� 1� O 2 , (a 00 . Co R #1 lob 15oo .cb n^�0 lAorkl c o 1�v mt �0 i * 1 '� a1 a 5 5 b co CITY OF 'DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: May 21, 1996 REPORT DATE: May 15, 1996 FROM: Bob Rose, Community Services Director TITLE: Extension of Weed/Litter Abatement Contract with Lanterman Development Center. SUMMARY: For the past six years, the City of Diamond Bar has contracted with Lanterman Developmental Center for supplemental weed and litter abatement services. The contract calls for 10.8 miles of public right-of-way litter abatement three times a month for $839.44 per month and weed abatement in a variety of areas once per month for $2,136.38 per four months. This contract provides for service in areas of Diamond Bar that are known to accumulate litter more rapidly than other areas (continued on Page 2) RECOMMENDED ACTION: It is recommended that the City Council approve the extension of the contract with Community Industries Lanterman Developmental Center for supplemenal weed and litter abatement in Diamond Bar for fiscal year 1996/97 for a total contract amount of $16,483. LIST OF ATTACHMENTS: Staff Report Resolution(s) _ Ordinance(s) Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been _ Public Hearing Notification 2L Bid Specifications (on file in City Clerk's office) X_ Other: Letter of Agreement reviewed by the City Attorney? X Yes No 2. Does the report require a majority vote? _X Yes No 3. Has environmental impact been assessed? Yes X No 4. Has the report been reviewed by a Commission? Yes X No What Commission? 5. Are other departments affected by the report? Yes X No Report discussed with the following affected departments: None REVIEWED BY: Terrence L. Belanger City Manager J sher Assistant City Manager B b ose Community Services Director Agenda Report Weed/Litter Abatment Extension Meeting Date: May 21, 1996 Page 2 SUN[MARY: (continued) of the community and for weed control in the public right-of-way in areas not serviced by other contracts. Also, Lanterman Developmental Center has the flexibility to allow the City to subsitute emergency work for regularly scheduled work areas on an as -needed basis at no additional cost. The services provided by Lanterman Developmental Center result in a more aesthetically pleasing community and the frequency of these services is expected to provide clean, vegetation free right-of-way in the areas of service. The total annual cost of this contract is $16,483, the same amount that the City has paid to Lanterman Developmental Center for this service in fiscal years 1994/95 and 1995/96. There is no increase being sought for the 1996/97 fiscal year contract extension. Eilees L Ansari mavor Robert S. Muff mayor Pro rapt Clair W. Harmony c wncl! Member Card He"A Coundl Mcmxr Guy H. Werner C.yunCil Wfnbcr ^rc.'W rte• City of Diamond Bar 21 "0 E Copley Orire, Swi a 100 - Diamond Bat, CA 91,'65-417: (9p4; $60-2489 • `�U: (409) 861-311' tnlQrnf+: http:/Iwww.Ci.dnrnond-bar.ca.us may is, 1996 Rick Dickerson Community Industries Lanterman Development Center 3530 Pomona Blvd. Pomona, rA 91769 RE; WEED AND LITTER ABATEMENT Dear Mr. Dickerson: Th.s is to inform you that the City of Utirnond Bar is interested in extending the Weed and Utter Ahetccnent Contract witin Lantatman D41Ne'oprnent Censer remain from July 1, 1996 through June 30, 1997. The conttaCt will rzrnthe carne ainb for Intel amount a$ the 1994/95 and 1995196 Convam, S839.44 per abatement and $2,136.38 per four months for weed abatement at a total cos of $16,483. U00A approval of this contract extension by the Diarmonwd1 Eaar Cily oun an` purchaw order in the amount nut to excxetl forwarded to you. Sincerely, Bob Rose, Directar (-nrnmunity Spt'viGeS Department py ciEnino lxfow, the parties agree ro the above terms_ Mayor Date City of Diamond Bar ALMS t. C. clerk Date /&1gJ1s pyre V�'hite Date Director of yocatinnal Services Approved as co Form- CCty Attorney Date CONTRACT PROPOSAL This proposal to the City of Diamond Bar is for the Community Industries program of Lanterman Developmental Center to provide litter and weed abatement, per attachments A and B, in the City of Diamond Bar. Community Industries will also provide: Transportation to and from job sites Insurance coverage for employees Payroll for employees Job Coach for employees to assure supervision, training and job performance per the expectation of the City of Diamond Bar. All necessary equipment and supplies to perform designated tasks. City of Diamond Bar will provide: Compensation to Community Industries at a rate of $839.44 per month for litter abatement and $2,136.38 per four (4) months for weed abatement. Invoice will be submitted monthly for litter abatement and per service rotation for weed abatement. The City of Diamond Bar reserves the right to change assigned work locations due to emergency need, on a mile for mile basis. Timothy agen, Director Community Industries Lanterman Development Center 3530 W Pomona Blvd ML 917688] r/ Accepted as proposeu Terrence L. Belanger,'ty Manager City of Diamond Bar STATE OF CALIFORNIA—DEPARTMENT OF DEVE'OPMENTAL SERVICES DE'E %'LSC:N COMMUNITY INDUSTRIES A PROGRAM Of LANTERMAN DEVELOPMENTAL CENTER s 3530 w POMONA BLVD POMONA, CA 91768 714) 595-1221 EXT. 2177 ATTACHMENT "A" CURRENT DIAMOND BAR LITTER ABATEMENT 1. DIAMOND BAR BLVD: TEMPLE TO 60 FREEWAY MILES: WEST SIDE- 1.4; EAST SIDE- .7 2. STEEP CANYON RD.: DIAMOND BAR BLVD TO CLEAR CREEK RD MILES: NORTH SIDE- .2 3. DIAMOND BAR BLVD. TO GOLD RUSH MILES: EAST SIDE - .7 4. GRAND AVE: 57 FREEWAY TO GOLDEN SPRINGS MILES: SOUTH SIDE- .2 5. GOLDEN SPRINGS: GRAND AVE TO BREA CYN RD MILES: NORTH SIDE- 1.9 6. BREA CNYN RD: PATHFINDER TO COLIMA MILES: EAST SIDE- .7; WEST SIDE- .9 7. BREA CNYN RD: PATHFINDER TO DIAMOND BAR CITY LIMITS (SILVER BULLET DR) MILES: EAST SIDE- 1.31 WEST SIDE- 1.5 8. GOLDEN SPRINGS/ARMITOS: 60 FRWY TO FIRE STATION MILES: EAST SIDE- .5 9. PROSPECTORS: DIAMOND BAR BLVD TO ROCK RIVER DR . MILES: EAST SIDE- .3; WEST SIDE- .3 10. COLD SPRINGS: DIAMOND BAR BLVD EAST UP HILL MILES: SOUTH SIDE- .1 11. SYCAMORE CANYON PARK: ALONG TRAIL IN UNDEVELOPED AREA. MILES: .1 $839.44 PER MONTH EACH AREA SERVICED THREE (3) TIMES PER MONTH ACCREDITED BY THE COMMISSION ON ACCREDITATION OF REHABILITATION FACILITIES PUF I VED OS; lJ9 ©9:39 1995 0-1 61" .. , -n r_ a 71=15351721 c:SMMUN:TY INDJSTRI�S 668 P02 MAY 09 '95 E9: 15 STATE OF CALIFORNIA—DEPARTMENT OF DEVELOPMEWAL SERVICES PETE WILSON' CsOvefflar COMMUNITY INDUSTRIES LCM A PROGRAM OF LANTERMAN DEVELOPMENTAL CENTER 3530 W. POMONA BLVD_ 70 POMONA, CA 91760 (714) 595.1711 EXT. 2177 "Attachment B" DIAMOND BAR WEED ABATEMENT JOB DESCRIPTION Perform general weed abatement and general landscaping maintenance in the following areas 1 time monthly and other areas as requested performed during billable work hours. i. Pantera Park - 830 Pantera to 752 Bow Creek 2. Leyland - along sidewalk - at Denfield 3. Area between Summit Ridge Park L mini -park 4. Sycamore Canyon park Trail and undeveloped .area at Diamond Bar Blvd. 5. Flintgate Drive between Calbourn and Belbury 6, Maple Hill - outside Hills Club 7. Mountain Laurel - West Sid* of Diamond Bar Blvd. 8. Golden Springs/Armitos - 60 fwy to Fire Station 9. Sunset Crossing - at Navajo Springs 10. Flintgat* to Moscada on Walnut Drive - North side Compensation to be =2.136.38, once *very four months to Community Industries. ACCREDITED BY THE COMMISSION ON ACCREDITATION OF REHABILITATION FACILITIES CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: May 21, 1996 REPORT DATE: May 15, 1996 FROM: Bob Rose, Community Services Director TITLE: Extension of City -Wide Street Tree Maintenance Contract. SUMMARY: On July 5, 1994, the ' City Council awarded a contract to West Coast Arborists, Inc. in the amount of $45,000 for City-wide street tree maintenance. The first year of the contract was from July 1, 1994 through June 30, 1995. The contract allows the City Council to extend the contract on an annual basis if an extension is deemed to be in the best interest of the City. At the April 18, 1995 meeting of the City Council, the contract was extended for the period of July 1, 1995 through June 30, 1996, in the amount of $45,000. West Coast Arborists, Inc. has done an excellent job servicing the City's tree maintenance needs. West Coast Arborists, Inc. has agreed to forgo a C.P.I. increase for the 1996/97 fiscal year contract. RECOMMENDED ACTION: It is recommended that the City Council approve the extension of the contract for City-wide street tree maintenance to West Coast Arborists, Inc., in the amount not to exceed $45,000 for the 1996/97 fiscal year. LIST OF ATTACHMENTS: X Staff Report _ Resolution(s) _ Ordinance(s) X Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ Public Hearing Notification Bid Specifications (on file in City Clerk's office) Other: Letter of Agreement 1. Has the resolution, ordinance or agreement been No reviewed by the City Attorney? �_ Yes X Yes No 2. Does the report require a majority vote? .�_ Yes �� No 3. Has environmental impact been assessed? Yes JL No 4. Has the report been reviewed by a Commission? 5. What Commission? Are other departments affected by the report? Yes X No Report discussed with the following affected departments: None REVIEWED BY: Terrence L. Belanger City Manager Frank s e o se Assistant City Manager Community Services Director Mai►735.96 22:26 City of Diamond Bar, CA 909-861-3117 P.02 Edge* R. AMM Maw Reburt S. Mntt Mapor Pro rem prk W. "WWW M' Counal M OW Card Herren r.my t{ Wenur Caumfioenker jmPv City of Diamond liar 2160 E. Copley OrWe, SO* 108 - oAaMMd 5"C"'765-4177 (9911 SW24" • Fax''4117 1nwawt bljc//www-e Ab""dIar es.US may is, 1996 Randy Thompson, Vice President West Coast /lrborists, Inc. 2200 E. Via Button Street Anaheim, CA 92806 RM ClTy tlYIDE STREET TREE MMNTENANCE pea► W. Thompson. This i$ to inform you thatthe City 0 Diamond gar is interested in extending the City -Wide Street Tree Maintenance Contact with West Coast Arborists, Inc. from July 1, 19% through lune 30. 1997 The Contract will remain the Same amount as the 199,/95 and 1995!96 contracts, S45,000. upon approval 01 this contract extension by the Diamond ON City Council, a purchase order in the amount not to exceed $45.000 will be processed and forwarded W You. Sincerely. Bob Rose, Director ComrnuM4 Services Department By signing below, the parties 4ree to the above terms. Mayor oats Cky at Dbownd star Attest: City Clerk !>►ate 5 11 t. l a 1, Vko Presidem r Date West Coast Arb o r;gb, Inc - Approved as to Form: Qy Attorne'Y We CITY OF DIAMOND BAR 21660 L COPLZY DENZ, 0100 DIAMOND BAA, CA 9170 BID PRICZ.s FOR C1TY•WMZ TRZZ-MAINTENANCE IN DIAMOND BAA Nams of Bidder (Con"W) WG'' c0as Arbari st-s • Inc. viae President - . (Name) (ride) Biddds Addcws 7072 '^"�'• t city 9 a Peak Z;p 90621 Trema (714) 739-5511 Fag (714) 739-2396 Bid SONOWy L Total for Rroudoe Scheduled work 3 27.700.00 IL Total for RsmmaWSftmp dried 3 5.300.00 EEL Total for Root Pwnoiog 3 400.00 IV. Total !bt Ems mow Cbaws 3 4,000.00 Total Sid IN nam I, II, M, rd IV $437,400-00 Total Did Ammar Wwit m Is Wada Thirty Sam '8hamand,_ pour amdred Dollars and M/100— The Irrrs do be br twd tbs twat Wad coodWoos Sow tb. Bolls and esvkm DOW bw ai r to fell to 69 City of DimDood Har said Is* is soict cool —.r to astioDa tbaeo. Byrrds vice President ( g;�) (rde) Jtms 28, 1994 25 L Clr"#or musics wAsduled work The City o(Diasoad Br will provide s Wt of troy that require escvioe to the ooaaactor at various dam tlrouSLout the yew. The number of trey on the Wt could vary Boom one to over an dwummd. Mars sate: a per tm bid price for each beach mark quantity lissed below. A.ShMM t Tf Service 200-00 200= per tree x 1 tree • $200.00 (t'immmi of my so& m») B. Small Quantity Service s per tree x 10 tre- 1 00 1 r (Tfi aft ottwo to ten trees) C. itdsd M Qm�y Service S 45.00 per tree x 100 tewr s4_ (Tri at i l to 100 tress) D. Lame Quantity Service S 22.00 per the x 1000 tfe@gw S22_ (Ttimmins of 101 to 1000 tress) L Total for Routime Scheduled Wank • i��-00 IL Ramoval0tump Gfisd Indkass ahafBae tbf work a000fd' ig to the Weed trunk d ',triter at beat heist: 0.6• r -12' 13"-24' Over 24' Total Diameter Diameter Diameter Diamfstaf (Is 3/4" Cir) (37 SIS Cir) (75 3/2 Cir) Removal S-10.2 s.=_ 3100.00 S_10 -0-00A 10 U1000-00 Yew nmovaW 10.00 40.0o ao-00 40.00 110 SUM S.—" ptdwyw Q Total For RamavaWSwmp Gnod •a W. Root PWft 0.25 25-100' 100► -500" SOW+ Total Cis 10 . _ 400-00 I.inar root Fs _. s _.—. s _---- s 00 10.00 10.00 10.00 x 10 — 400.00 IIL Total for Root Pruning _MINIMMIMM 26 M E=wvIM dmqW Eirme Shfll WckW[e All pemdnsk "Wpmem and other mmWs used in Compwft swk A Nftimum Service Cherie 3100-= Par hoer x 20 hours -S 2% Chep par Response with two (2) hour na�oum B. Chanes beyond the n WMM time 3100.00pW hoar x 20 hoar wS2% M Total For Emwsmq Ch@W S 4 .00 27 CITY OF DIAMOND BAR BID OPENING LOG SHEET HID OPENING DATE: June 28, 1994 PROJECT NO.: City-wide Tree Triming aTnnERc NAME HID BOND HID AMOUNT �c. S 00. �37 �i0�• �`'�' --eornvc� �� Gttt4« _e7 ft SPyQIce. G e t y/ ioa. x La��rQsc�� 1096 mO Inc C. -T--ee- 0vn /✓QnQ �iG. 24700 UO KNOW ALL MEN BY THESE PRESENTS: That the following agreement is made and entered into, in duplicate, as of the date executed by the City Clerk and the Mayor, by and between West Coast Arborists, 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 said notice; and WHEREAS, City did accept the bid of Contractor _West Coast Arboris s. Inc- and; WHEREAS, City has authorized the City Clerk and Mayor to enter into a written contract with Contractor for furnishing labor, equipment, and material for Citywide Street Tree Service as described in Exhibit "A". NOW, TBEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. r:FhIu Ar, SCOPE OF WORK: Contractor shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for citywide street tree service. Said work to be performed in accordance with specifications and standards on file in the office of the City Manager and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Manager. 2. INCOIRPORAATED DOCI JZM SUS TO BE CONSIDERED COMPLEMENTARY: The aforesaid specifications are incorporated herein by -reference thereto and made a part hereof with like force and effect as if all of said documents were set forth in full herein. Said documents, the Resolution Inviting Bids attached hereto, 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. a. The undersigned bidder agrees to execute the contract within ten (10) calendar days from the date of notice of award of the contract or upon} notice by City after ten (10) calendar days from the date of notice of award of the contract or upon notice by City after the 10 calendar days, and to complete his portion of the work within one hundred twenty (120) calendar days from the execution of the first contract. The bidder agrees further to the assessment of liquidated damages in the amount of one -hundred ( $100.00) 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 contract. 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. Compensation Insurance: Before beginning work, the contractor shall furnish to the Engineer a certificate of insurance as proof that he has taken out full compensation insurance for all persons whom he may employ directly or through subcontsactors 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. 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 worker's 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 subcontractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) S500,000 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 qualified to do business in the State of California. 2) Name as additional insured the City Or Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to by 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 said 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 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 f 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. The Contractor shall at the time of the execution of the contract present the original policies of insurance required in paragraphs a. and b. hereof, or present a certificate of the insurance company, showing the issuance of such insurance, and the additional insureds and other provisions required herein. 5. PREVAILING WAGE: Notice is here by 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 locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk 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. Pursuant to Labor Code Section 1775, the contractor shall forfeit, as penalty to City, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statues 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 of the Labor Code concerning the employment of apprentices 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 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 i. is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or d. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contribution 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. 7. LEGAL HOURS OF WO K: 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 Or 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 subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. 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' T RII.Irv. The City of Diamond Bar and its officers, agents and employees 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 employees of the contractor of his subcontractors 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, except the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City during the progress of the work or at any time before its completion and final acceptance. The Contractor will indemnify City against and will hold and save City 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, but excluding such actions, claims, damages to persons or property, penalties, obligations, or liabilities arising from the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City, and in connection therewith: a. The Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations, 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 City 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 City harmless therefrom. c. In the event City, without fault, its 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 of the contractor hereunder, the contractor agrees to pay to City any and all costs and expenses incurred by City 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 damage as aforesaid. 10. NON -DIS ESENATION No discrimination shall be made in the employment of persons upon public works because of the race, color, or religion of such persons, and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Division 2, Part 7, Chapter 1 of the Labor Code in accordance with the provisions of Section 1735 of said Code. 11. CONTRACT PRICE AND PAVMFNT. 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 June 281994, in the total amount of S 37, 400.00 12. ATTORNEY'S In the event that any action or proceeding is brought by either party to enforce any term or provision of this Agreement, the prevailing party shall recover its reasonable attorney's fees and costs incurred with respect thereto. IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed with all the formalities required by law on the respective dates set forth opposite their signatures. State of California Contractor's License No. S661 V4 TNNF. 3a , meiL4 Date APPROVED AS TO FORM City Attorney Date wE-SY ast ACtUetST i NC BY: R --in 1 \J , 07 Title CITY OF BY: �Mayor BY:LX , Contractor's Business Phone 11 NZ) 1 1 Emergency Phone at which Contractor can be reached at any time -11 L4 - `�� • �1 l I �i CALIFORNIA CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: May 21, 1996 REPORT DATE: May 15, 1996 FROM: Bob Rose, Community Services Director TITLE: Extension of graffiti removal contract with Graffiti Control Systems. SUMMARY: On the May 18, 1993, the City Council awarded a contact to Graffiti Control Systems, in the amount of $16,590 ($30 per site), for supplemental graffiti removal in Diamond Bar through June 30, 1994. The contract allows the City to extend the contract on an annual basis and adjust the quantity of work to serve the best interests of the City. On August 16, 1994, the City Council extended the contract for the fiscal year 1994/95, in the amount of $20,000 (666 sites). On April 18, 1995, the City Council extended the contract for the 1995/96 fiscal year, in the amount of $25,000 (833 sites). There were a total of 1,026 sites of graffiti removed in the 12 months of May 1995 to April 1996. After three years of servicing this contract, Graffiti Control Systems has proven , that they can satisfactorily perform the specifications of the contract. Graffiti Control Systems has agreed to forgo a C.P.I. increase to extend the contract for the 1996/97 fiscal year. RECOMMENDED ACTION: It is recommended that the City Council approve the extension of the contract with Graffiti Control Systems for graffiti removal in Diamond Bar for fiscal year 1996/97 in an amount not to exceed $30,000. ($30 per site/1,000 sites) LIST OF ATTACHMENTS: X Staff Report Resolution(s) Ordinance(s) Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been _ Public Hearing Notification X— Bid Specifications (on file in City Clerk's office) X-- Other: Letter of Agreement REVIEWED BY: Terrence L. Belanger IvPr. s City Manager Assistant City Manager Community Services Director reviewed by the City Attorney? JL Yes No 2. Does the report require a majority vote? Yes No 3. Has environmental impact been assessed? Yes X No 4. Has the report been reviewed by a Commission? Yes X No What Commission? 5. Are other departments affected by the report? Yes X No Report discussed with the following affected departments: None REVIEWED BY: Terrence L. Belanger IvPr. s City Manager Assistant City Manager Community Services Director May -15-96 22.19 City of Diamond Sar, CA 909-861-3117 P.02 flow It. Atswi Mayer ttoMrt s. NO Mayor Pro Tcm Clair W. Hanna" Counca Member Carol Flerrre Council WMh" Gary K wa."W r. ounril MI -Mb" City of Diamond Bar 216" E. C9*1 y prire, sane 100 • DiSOMMI ear, CA 1176%-4177 (909) OW2489 - Fax: (!09) 861.3111 Internet: hW..//wrww.dAMatoovmd4w-ca.u9 May 15, 1996 Barry Woods, President Graffiti Control Symons 7260 Atoll Avenue Nath Hollywood, CA 91606 BE: GRAFFITI REMOVAL CONTRAC? Dear h4r. Woods: This is to inform you that the City of Diamond Bar is interested in extending the Graffiti Removal Contract with Graffiti Control Systems from July 1, 1996 through June 30, 1997. The contract will remain the same amount as the 19931'94, 1994195 and 199St% contacts, $30.00 per site or $30.000 per year. Upon approval of this contract extension by the Diamond Bar City Council, a purchase order in the amount not to exceed $30,000 will be processed and forwarded to you. Bob o6e, Director Community Services Department By signing below, the patties agree to the above terms. Mayor OatsI=&I Date City of Oknwrtd Mr Graffkitema Attest: CV auk taw Approved as to Form: CKY Mtormy outs AGREEMENT KNOW ALL MEN BY THESE PRESENTS: That the following agreement is made and entered into, in duplicate, as of the date executed by the City Clerk and the Mayor, by and between Graffiti Control Systems 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 said notice; and WHEREAS, City did accept the bid from Contractor Graffiti Control Systems and; WHEREAS, City has authorized the City Clerk and Mayor to enter into a written contract with Contractor for furnishing labor, equipment, and material for graffiti removal 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 graffiti removal in the City of Diamond Bar. Said work to be performed in accordance with specifications and standards on file in the office of the City Manager and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Manager. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The aforesaid specifications are incorporated herein by reference thereto and made a part hereof with like force and effect as if all of said documents were set forth in full herein. Said documents, the Resolution Inviting Bids attached hereto, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require complete and finished work for each removal assignment 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 a. The undersigned bidder agrees to execute the contract within ten (10) calendar days from the date of notice of award of the contract or upon notice -by City after ten (10} calendar days from the date of notice of award of the.contract or upon notice by City after the 10 calendar days, and to 15 complete the work of each removal assignment within twenty- four hours of assignment. The bidder agrees further to the assessment of liquidated damages in the amount indicated in item 6 of the attachment for assignments that remain incomplete beyond the scheduled completion time. City may deduct the amount thereof from any monies due or that may become due the Contractor under this contract. 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. Compensation Insurance: Before beginning work, the Contractor shall furnish to the Engineer a certificate of insurance as proof that he has taken out full 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. 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 worker's 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 subcontractor 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. 16 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 qualified to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, it 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 said 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 of a registered letter." 5) otherwise be in form satisfactory to 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. The Contractor shall at the time of the execution of the contract present the original policies of insurance required in paragraphs a. and b. hereof., or present a certificate of the insurance company, showing the issuance of such insurance, and the additional insureds 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 17 general prevailing rate of per diem wages for work of a similar character in locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Diamond Bar, 21660 E. Copley Drive, Suite 100, 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. Pursuant to Labor Code Section 1775, the Contractor shall forfeit, as penalty to City, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statues 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 Section 1777.5 of the Labor Code concerning the employment of apprentices and 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 ration of apprentices journeymen that will be used in 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 it is replacing at least 1/30 of its membership through apprenticeship training on a annual basis statewide or locally, or d. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contribution to funds established for the administration of apprenticeship 18 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. 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 subcontractor 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 subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. 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 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 property resulting from defects or obstructions or from any cause whatsoever, except the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City during the progress of the work or at any time before its completion and final acceptance. The Contractor will indemnify City against and will hold and save City 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, but excluding such actions, claims, damages to persons or property, penalties, 19 obligations, or liabilities arising from the sole negligence or willful misconduct of City,.its employees, servants, or independent contractors who are directly responsible to City, and in connection therewith: a. The Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations, liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The Contractor will promptly pay any judgement rendered against the Contractor or City 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 City harmless therefrom. C. In the event City, without fault, is 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 of the Contractor hereunder, the Contractor agrees to pay City any and all costs and expenses incurred by City 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 action or claims for damage as aforesaid. 10. NON-DISCRIMINATION: No discrimination shall be made in the employment of persons upon public works because of the race, color, or religion of such persons, and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Division 2, Part 7, Chapter 1 of the Labor Code in accordance with the provisions of Section 1735 of said Code. 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 March 5, 1993. 12. ATTORNEY'S FEES: In the event that any action or proceeding is brought by either party to enforce any term or provision of this Agreement, the prevailing party shall recover its reasonable attorney's fees and costs incurred with respect thereto. 13. TERMINATION: This Agreement may be terminated by the City upon the giving of a written "Notice of Termination" to Contractor at least ten (10) days prior to the date of termination specified in said notice. In the event of such termination, Contractor shall only be paid for services rendered and expenses necessarily incurred prior to the effective -date of termination. 20 IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed with all the formalities required by law on the respective dates set forth opposite their signatures. State of California/ O$6� Contractor's License No. G Date APPROVED City Atto y 133 Date By: T' le Title CITY OF DIAMOND BAR, C FORNIA By: Mayor C. By: City Clerk Contractor's -Business Phone (800) 794-7384 or (818) 982-8480 Emergency Phone at which Contractor can be reached at any time l 0 6 21 f CITY OF DIAMOND BAR 21660 E. COPLEY DRIVE, *100 DIAMOND BAR CA 91765 BID PRICU FOR TU REMOVAL Or G""ZTI IN DIAMOND BAD Name of Bidder ( Company) GRm�Gyt1 C.QV-x%U . By (NAM) (T t •) Bidder's Address � 3 \\ d S A \CVy , C �-%,Q ~� City �l�t t WvoO Clk zip q 11o0 Telephone #► Fax * CBI% Date (St's) q8Z- 34430 Planned Methods) Of Graffiti Removal. List all removal techniques that will be utilized to remove graffiti under the bid for the price listed beloy: Paint over with similar colors (light/dark) Paint over with matching colors (eyeball) Blend colors with computer, then paint over (high tech) High pressure water - Cold 110-101 High Pressure water - Hot (steam clean) Pre -treat with sacrificial coating, remove graffiti, then re -apply sacrificial coating Dry or left blast (i.e. sand, sponge, walnut shell, bicarbonate) solvent or chemical remover Other removal techniques you plan to use (please list): **PLEASE NOTE - If City Council deems it in the best interest of the City, bid may be awarded solely on the basis of removal technique of contractor. 25 I. Monthly Retainer $ x 12 months (If applicable - If not in the word NONE) applicable, write ZZ. Small Sites i 292 (10 sq. It. or loss per site x 177 sites/year average at 10 sq. ft.) site - 32% of sites are less than i IZI. Medius Sites $ *2 (11 sq. ft. per site x 326 sites/year average • $ 9,lQlA°-' to 150 sq. to 150 sq/ ft.) ft. at site - 591 of sites are 11 IV. Large Sites 6 m per sit• x SO sites/year average $ (151 sq. ft. 1 SWCR, or over at 151 sq. ft.) site - 91 of sites are over - The largest single removal site has been 940 sq. ft. Total Did (A moal Costs) • g \(o,5g0°` SI=ATM AND TITh: The undersigned declares that he has read the terms and conditions for the goods or services listed herein and agrees to furnish to -the City of Diamond Bar said requiremnts in strict conformity to the specifications thereto. Company Address By/Title Fax d 26 S CITY OF DIAMOND BAR BID OPENING LOG SHEET BID OPENING DATE: March 18. 1993 - 11:00 a.m. PROJECT NO.: Graffiti Removal BIDDERS MANE BID BOND BID AMOUNT rcrnngt6 l '-Viyn1 ,� rv�s /O 44910 /(0 9y CJt 13m4--- C (L i -. �crnchi l I r��.. �/ 9'(09 64 a%9 c,7 oa �r CITY OF DIAMOND BAR _ AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: May 21, 1996 REPORT DATE: May 15, 1996 FROM: Bob Rose, Community Services Director TITLE: Extension of Weed Control/Sidewalk and Parkway Maintenance Contract. SUMIML4,RY: At its meeting on September 1993, the City Council awarded a contract to Landscape West, Inc., in the amount of $54,742, to provide weed control along parkways and to clean sidewalks located in the public right-of-way in Diamond Bar. The first year of the contract began on October 1, 1993 and continued through September 30, 1994. On August 16, 1994, the City Council extended the contract from October 1, 1994 through September 30, 1995. At the April 18, 1995 meeting, the contract was extended for the period of July 1, 1995 through June 30, 1996 at the original contract (Contiued on page 2) RECOMMENDED ACTION: It is recommended that the City Council approve the extension of the contract with Landscape West, Inc. for the Weed Control/Sidewalk and Parkway Maintenance in Diamond Bar for fiscal year 1996/97 in an amount not to exceed $55,750. LIST OF ATTACHMENTS: Staff Report _ Public Hearing Notification Resolution(s) _ Bid Specifications (on file in City Clerk's office) _ Ordinance(s) X— Other: Letter of Agreement Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? X Yes No 2. Does the report require a majority vote? X Yes No 3. Has environmental impact been assessed? Yes X No 4. Has the report been reviewed by a Commission? Yes _Y _ No What Commission? 5. Are other departments affected by the report? Yes No Report discussed with the following affected departments: None REVIEWED BY: Terrence L. Belanger City Manager Frank Usher ' Assistant City Manager Bob toie Community Services Director Agenda Report Ext. of Weed Control/Parkway Maintenance Contract Meeting Date: May 21, 1996 Page Two SUMMARY: (Continued) amount. The contract allows the City Council to extend the contract on an annual basis, for a maximum of five times, if an extension is deemed to be in the best interest of the City. An extension for the 1996/97 fiscal year will be the third extension. An amendment to the maintenance contract to include an undeveloped parkway area was approved by the City Council at the January 16, 1996 meeting. The amendment increased the contract amount by $1,008 per year for a total not to exceed $55,750. After three years of servicing this contract, Landscape West, Inc. has proven they can satisfactorily perform the specifications of the contract. Landscape West, Inc. has agreed to forgo a Consumer Price Index increase for the 1996/97 fiscal year, as they have done for the past three years. Staff believes that the contract amount of $55,750, which includes the amendment increase of $1,008, is a very competitive price. The next lower bid received in the bidding process was $67,940.01, which is 21% higher than the current contract amount. May -213-96 22:21 City of Diamond Bar, CA 909-861-3217 P_02 City of Diamond Bar 2160 E. Copley 06w, Suite 100 • OWWOnd Sar, CA 91763-4177 (909) 0$0.2409 - lax: (9") 061-3117 Internet: hNpc//wWWAc di9W"Wi4W.CM-as F%M R. AMM AIWW t1�Nef1 L Illlffl h4ww Pro $eel Clair W. HMWW tr cQuacd I" Carol HWMO Council44WrA r Gary K WMwr CAUMC9 Mrllntnttr MWPftMrAVW May 15, 1996 Barry Kone►, President Landscape West, Inc. 950 N. Tustin Avenue Anaheim, CA 92!07 RE: MAINTENANCE OF LIGHTING AND LANDSCAPE DISTMCT MO. 41 Dew Mr. Kanler This is to inform you dw tM City of Diamond Bar is interested in extending the District No. 41 Mainlenanc+e Contrad with Landscape West, Inc. from July 1, 19% through Ame 30, 1997, The contract will remain the same amount as the 199V% coMrad, $2,950 per month or $33,400 per year. Upon approval of this contract extension by the Diamond Bar City Council, a purchase order in the amount not to exceed $35,400 will be processed and forwarded to you. Sincerely, Bob Rose, Direelor Community Services Department BY signing below, the parties agree to the above terms. CC Mttyor Date Date Chy Of OW1WAWW Me Landscape west, Inc. Cl"Cky Date Approved as to Foran: Gly Attorney Date L.: Y Or :)LA-MGNp BAR 21660 E. COPLEY DRIVE, SUrM 100 DIAMOND BAR, CA 91765 NPOCI7ICATIO8 Fm M� CONTROL/SID�1L= MW t"MT 1falkTmm Nage of Bidder (CamWy) Landscaaa West, Inc. By (Nate) Vice President (Title) Bidder's Address 1703 S. Claudine Way City Anahaisl Zip 92805 Telephone / (714)991-1705 Fax 0 (716)991-3796 Data S 8. 1993 Itm Deserioties/ osit tries -Akks omits AaWsl I. Tres Nell Maintenance 1,436 each s 1.00 . X 12 W. ! 17232.00 2. sidewalk Maintenance 36.1 Riles Y 20-00..W Rile -.a 12 mo.! 9146 _ o0 3. -UndevelopedAo. Parkway 16. ! Riles Y 100.00 e� ale x 12 J& - n0. S 20.208.00 4. Service Medians 10,440 1.t.* x •02 nmr l.l.* x 12 Ro.! 25_0, 5. Cul-de-sacs 4 each ar *Linebeet Y 75.00 eaq: Y 12 mo.2 1600.00 Total Annual Cost in Figures: 51U1.60 , !62.689.60 Total Annual Cost in Needs: Wtv tMo thousand sf: huadr" eisbty vino dollars and 60/10E /=Qd'!�1 � TllL19 The un declares that he has read the teras and conditid= &W the goods and services listed herein and agrees to furnish t* 00 City Of oiazend Bar said in strict conformity to the specifications thereto. Cly Landscase West, Inc. Addrus 1705 S. Cl&Wlna Way, Anaheim CA 92805 By/Title Fax (714)991-3796 BID ALTERNATE OM1 _ SCHEDULE OF PRICES FOR WEED ABATEMENT/SIDEWALK AND PARKWAY MAINTENANCE IN THE CITY OF DIAMOND BAR BID ALTERNATE di Item Na Descriptbo/ Uslbe 1• Removal of weeds growing in the joint between street asphalt and corneas gifts street Quasar and goes dividers in mapped,ana& Annual Cost SS miles x 3.00 per mile x 12 month Z 1980.00 Award will be based on base bid, or on the base bid and the Bid Alwasts, whichever is determined to be in the best interest of the city. • 9-8-93 Signature of Coei' Dass Dan Jensen, Vice i!tesident Landscape Wesc, Inc. BID ALTERNATE . BS -2 KNOW ALL MEN BY THESE PRESENTS: That the following agreement is made and entered into, in duplicate, as of the date executed by the City Clerk and the Mayor, by and between LA1fDSCAPs WZST, 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 said notice; and WHEREAS, City did accept the bid of Contractor LANDSCAPE UES?, INC. and; WHEREAS, City has authorized the City Clerk and Mayor to enter into a written contract with Contractor for furnishing labor, equipment and material for Weed Control/Sidewalk and Parkway Maintenance in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: The work to be done under this Agreement shall include the furnishing of all labor, material and equipment necessary for the provision of maintenance services as set forth in the specifications for Wood Control/Sidewalk and Parkway Maintenance in the City of Diamond Bar. 2. INCORPORATED DOCUM-tars TO BE CONSID" COMPLEMENT RH The aforesaid speeif ieatione are incorporated herein by reference thereto and made a part hereof with like force and effect as if all of said documents were set forth in full herein. Said documents, the Resolution Inviting Bids attached hereto, 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. a. The undersigned bidder agrees to execute the contract within ten (10) calendar days from the date of notice of award of contract. This agreement shall take effect and commence on October 1. 1993 for a period of twelve.(12) months. b. The City shall have the option to extend this agreement up to five (5) additional one (1) year periods, subject to the same terms and conditions contained herein, by giving the contractor written notice of exercise of this option to renew at least thirty (30) days prior to the expiration of the initial term of this Agreement, or of any additional one (1) year extensions. 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. compensation Insurance: Before beginning work, the Contractor shall furnish to the City a certificate of insurance as proof that he has taken out full compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accord- ance 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. 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 require every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance wit 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 performinq the work provided for herein, insurance with the followinq minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damaqe (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 Damaqe $250,000 each accident; $500,000 aqqreqate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damaqe $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) 8e issued by an insurance company approved in writinq by City, which is qualified 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'insurancs and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under said policy; 4) Contain a clause substantially in the following words: "It is hereby understood and aqreed 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 reqistered letter." 5) Otherwise be in a 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 operaticns 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, at the time of the execution of the contract, present the original policies of insurance required in paragraphs a. and b. hereof, or present a certificate of the insurance company, showing the issuance of such insurance, and the additional insureds 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 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 pre- vailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. 6. APPRENTICESHIP EMPLOYMENT: 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 Section 1777.5 of the Labor Code concerninq'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 to journeymen rneymen performance such cases the shalln of be less thanratio one apprentices � _ 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 at C. When the trade can show that it is r rentieecinship least 1/30 of its membership through app training on an annual basis statewide or locally, or d. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contribution amt he o funds established for the administrative of apprenticeship programs ihe employs registered apprentices or journeymen in any app renticeab trade on such contracts contributions., nifothercontractors on the public works site are makinq,s The Contractor and subcontractor under him she 1 in mthi with the requirements of Sections 1777.5 employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements ex -officio be obtained the Adminis Administrator Director of Industrial Relations, Apprenticeship, San Francis d its branch offices or from the Division of Apprenticeship Standards an . �,.�. vnrtog aF WORKi Eight (s) hours of labor shall 7. employed in the constitute a legal day's work for all workmen �p y sub - execution of this contract, and the Contractor � and laws contractor, under his shall.comply with and be g hours set of the State of California Chapter to Article with 3 ofkthe Labor Code forth in Division 2, of the State of California as amended. The Contractor shall forfeit, as a penalty to City, twenty-five dollars ($25.0o) 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 said laborer, workman or mechanic is ti n o! said Labor Code, labor more than eight. (8) hours in viola 8 TMyEL 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. g. CONTgACTog,S LIABILITY: The City of Diamond Bar and its officers, agents and employees shall not be answerable or ccountthe able in any manner for any loss or damage that may happen 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 employees of the contractor, of his subcontractors or the public, or for damage to out adjoining or other property from any cause whatsoever arising The of or in connection with the performandamage or injury ce of the work. The an Contractor shall be responsible for any y person or property resulting from defects or obstructions or from any cause whatsoever, except the sole negligence or willful mis- conduct of City, itsresponsible to City during the progresscof tors who ars directly r p the work or at any time before its completion and final acceptance. The Contractor will indemnify City against and will hold and save City 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 pro- vided for herein, whether or not there isexcludinq nuchconcurret passive sr but aactive negligence on the part of City, penalties, obligations, or claims, damages to persons or property, ence or willful misconduct liabilities arising from the sole servants or ndependent contractors who are of City, its employees, and in connection therewith: directly responsible to City, a. The Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties.,.dbligations or liabilitiesncluand will pay all costs and expenses; ing attorneys' fees incurred in connection therewith. b. The Contractor will promptly pay any judgment rendered against the Contractor or obligations ranCitd such claims, damages, penalties, liabilities arising out of or in connection with sor activities of the such work, operations Contractor hereunder, and the Contractor agrees to save and hold the City harmless therefrom. C. In the event City, without fault, is mads 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 of the Contractor hereunder, the Contractor agrees to pay to City and any all costs and expenses �:�h:=e incurredby Ci=� in such reasonable action or proceeding attorneys' fees. So much of the money due to the Contractor underand by. Cit virtu& of the contract as shall be considered necessary by Ymay be retained by City until disposition has boon mads of such actions or claims for damages as aforesaid. 10. DI-QCgTxTNATION: No discrimination shall be mads in the employment of persons upon public works because of the race, color or religion of such parsons, and every contractor for public works violating this section is subject to all the penalties imposed for a violation of v�h�°n rOvisionsPart 7olCSoctionter 1of 1735tot he Labor Code in accordance withP said Code. • Except where additional 11. CONTR= PRICE compensation is specifically provided for in this ownt set forth will pay contractor for his services under this Agra in Bid Shoot, one month in arrears, approvedast day of the by the City Council. or as soon thereafter as payor Conract Price: S 54,742 - in the event the City exercises its option to extend the term of this Agreement as provided din subjict gtophadjustm nt contractor's the monthly compensation thereafter ("the commencement of the extended term and 'annually adjustment date") as follows: The compensation provided herein sh+ll be adjusted to if any, in the cost of living during the reflect the increase, multi 1 in the previous year. This will be accomplished by the percentage of current level of the contractor's compensation NCPI") for the month increase in the Consumer Price Index immediately precedinq the Adjustment Date (the "Index Month") over the CPI for the month one year prior calculation index s dentiliodeasCtho index that Will be used for this Los Angeles-]►nahsim'RiversideMetropolitan United StatssaDeparotmant rted by the Bureau of Labor Statistics o of Labor. If the Index issubstitute uefor the Index such the Director's of ffice shall, at its discretion, appropriate. similar index as it may does appro P s�twr+/ a FEEg :: In the event that any action or 12. nQA1FY either party to enforce any teas or proceeding is brought by art shall recover its provision of the Agreement, the prevailing p Y reasonable attorney's fees and costs incurred with respect thereto. 13. TERMINATION: This Agreement may be terminated by the City upon the giving of a written "Notice of Termination o Contractor at least thirty (30) days prior to the date of termination specified in said notice. In the event of such termination, Contractor shall only be paid for services rendered and expenses necessarily incurred prior to the effective data of termination. - IN WITNESS WHEREOF, the parties hereto have caused these _presents to be duly executed with all the formalities required by law on the respective dates set forth opposite their signatures. State of California Contractor's License No. _17109 September 14, 1993 Date APPROVED T ORM: By: Date Contractor's Business Phone: 1705 S Claudina Wav s••��+• CA 92805 By: -� T t e Barry L. Kaniei,Prasident CI1 By By Title (714)991-1705 — Emergency Phone at which time. \ Contractor May be reached at any (714)991-1705 CITY OF DIAMOND BAR AGENDA NO. S ► �' AGENDA REPORT TO: Terrence L. Belanger, City Manager MEETING DATE: May 21, 1996 REPORT DATE: May 15, 1996 FROM: Bob Rose, Community Seryices Director TITLE: Extension of contract for Maintenance of Lighting & Landscape District No. 38. SUMMARY: On April 4, 1995, The City Council awarded a contract to Mariposa Horticultural h cu No No. Inc. in the amount of $38,400 for the maintenance of Lighting & Landscape Di 38 for the period of July 1, 1995 through June 30, 1996. The contract allows the City Council to extend the contract on an annual basis if an extension is deemed to be in the best interest of the City. Under the terms of the contract, the contractor is entitled to a C.P.I. adjustment on the extension, Mariposa Horticultural Enterprises, Inc. has requested a C.P.I adjustment for the 1996/97 fiscal year. The Consumer Price Index as of April 30, 1996, stood at 1.9%. (Continued on Page 2) RECOMMENDED ACTION: It is recommended that the City Council approve the extension of the contract with Mariposa Horticultural Enterprises, Inc. for the maintenance of Lighting & Landscape District No. 38 for fiscal year 1996/97, including the 1.9% Consumer Price Index increase, in an amount not to exceed $39,129.60. LIST OF ATTACHMENTS: X Staff Report _ Resolution(s) _ Ordinance(s) X Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ Public Hearing Notification Bid Specifications (on file in City Clerk's office) X Other: Letter of Agreement 1. Has the resolution, ordinance or agreement been Yes �—No No 2. reviewed by the City Attorney? Does the report require a majority vote? X Yes 3. Has environmental impact been assessed? Yes Yes No X No 4. Has the report been reviewed by a Commission? 5. What Commission? Are other departments affected by the report? Yes No Report discussed with the following affected departments: None REVIEWED BY: Terrence L. Belanger City Manager &O�Rose Frank M. she Assistant City Manager Community Services Director Agenda Report L.L.M.D. #38 Extension Page 2 SiJMM"Y (Continued) Staff believes that the annual cost of $38,400 for this service is very competitive. The bid by Mariposa xt lower bid, which was $46 Horticultural Enterprises, Inc. was $8,304 less than the nefor t With the inclusion of the C.P.I. adjustment of $729.60, for a contract total of $39,129.60, the cost for this service is still very competive, at $7500 less than the next lower bid. 05.`16'1996 14:29 FROM,Marlposa mor = _`" �• Eiken R. Anwi Mayor Robert S. Huff ,Vayn. Pro Tem aair W. Harmony Council Member Card Herren Council Member Gary H. Werner (.:auncil Membcr May 15, 1996 City of Diamond Bar 21660 E. Copier Drive, Suite 100 • Diamond Bar, CA 91765-4177 Ren Flugel, General Managei Mariposa Horticultural Enter; 15529 Arrow Highway Irwindale, CA 91706 (909) $60.2499 • Fax: (909) 861-3117 Into; nct: httpo//www.ci.diamond-bar ea.us RE: MAINTENANCE OF LIGHTING AND LANDSCAPE DISTIUCt NO. 38 Dear Mr. Flugel: This is to inform you that the City of Diamond Bar is interested in extending the District No. 38 Maintenance Contract with Mariposa Horticultural Enterprises, Inc. from July 1, 1996 through June 30, 1997- The contract will include your request of a annual adjustment based on Consumer Price index (C.P.I.), which stood at 1.9% for the twelve-month period ending April 30, 1996. The total annual cost of the contract is therefore revised from $3,200 to $3,260.80 per month or $38,400 to 39,129.60 per year. Upon approval of this contract extension by the Diamond Bar City Council, a purchase order in the amount not to exceed 539,129.60 will be processed and forwarded to you. Sincerely, Bob Rose, Director Community Services Department By signing below, the parties agree to the above terms. Mayor Date City of Diamond Bar Attest: City Clerk Date ; 4�lb General MaMWf Date Mariposa Horticultural Ent-, Inc. Approved as to Form: City Attorney Date TOTAL P.01 KNOW ALL MEN BY THESE PRESENTS: That the following agreement is made and entered into, in duplicate, as of the date executed by the City Clerk and the Mayor, by and between MARIPOSA HORTICULTURAL ENTERPRISES, 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 said notice; and WHEREAS, City did accept the bid of Contractor MARIPOSA HORTICULTURAL ENTERPRISES, INC. and; WHEREAS, City has authorized the City Clerk and Mayor to enter into a written contract with Contractor for furnishing labor, equipment, and material for Annual Landscape Maintenance for Lighting & Landscape Maintenance District No. 38 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 Annual Landscape Maintenance for Lighting & Landscape Maintenance District No. 38 in the City of Diamond Bar. Said work to be performed in accordance with specifications and standards on file in the office of the City Manager and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Manager. 2 I*:CORpORATED DOCUMENTS TO BE CONSIDERER COMPLEMENTARY: The aforesaid specifications are incorporated herein by reference thereto and made a part hereof with like force and effect as if all of said documents were set forth in full herein. Said documents, the Resolution Inviting Bids attached hereto, 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 a. The undersigned bidder agrees to execute the contract within ten (10) calendar days from the date of notice of award of the contract or L.L.M.D. #38 City of Diamond Bar upon notice by City after ten (10) calendar days, and to complete the installation of the work within sixty (60) calendar days from the execution of the first contract. The bidder agrees further to the assessment of liquidated damages in the amount of one -hundred ($100.00) 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 contract. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4. INSUgANCE: 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. CM=Aation Insurances Before beginning work, the Contractor shall furnish to the Engineer a certificate of insurance as proof that he has taken out full 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. 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 worker's 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 subcontractor 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; City of Diamond Bar 2 L.L.M.D. #38 $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 qualified 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 said 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 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 insured in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of Contractor or any subcontractor in performing the work provided City of Diamond Bar 3 L.L.M.D. #38 for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. The Contractor shall at the time of the execution of the contract present the original policies of insurance required in paragraphs a. and b. hereof, or present 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 locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk 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. Pursuant to Labor Code Section 1775, the contractor shall forfeit, as penalty to City, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. 6. AppRFNTICESHIP EMPLOYMENT, In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statues 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 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 journeymen that will be used in the performance of the contract. The ratio City of Diamond Bar 4 L.L.M.D. #38 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. The Contractor is required to make contribution 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. 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 subcontractor 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 subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. 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 withLabor Code Section 1773.8. City, of Diamond Bar 5 L.L.M.D. #38 9. C'ONTRACTOR'S L•IABIL.ITY: The City of Diamond Bar and its officers, agents and employees 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 employees of the contractor or his subcontractors 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, except the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City during the progress of the work or at any time before its completion and final acceptance. The Contractor will indemnify City against and will hold and save City 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, but excluding such actions, claims, damages to persons or property, penalties, obligations, or liabilities arising from the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City, and in connection therewith: a. The Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations, 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 City 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 City harmless therefrom. C. In the event City, without fault, is 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 of the contractor hereunder, the contractor agrees to pay to City any and all costs and expenses incurred by City 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 damage as aforesaid. City of Diamond Bar 6 L.L.M.D. #38 10. NON-DISCRIMINATION: No discrimination shall be made in the employment of persons upon public works because of the race, color, or religion of such persons, and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Division 2, Part 7, Chapter 1 of the Labor Code in accordance with the provisions of section 1735 of said Code. 11. CONTR ACT 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 March 23,1995, in the total amount of $38,400. The City Council shall have the option to extend this Agreement up to five (5) additional one (1) year periods, subject to the same terms and conditions contained herein, by giving Contractor written notice of exercise of this option to renew at least thirty (30) days prior to the expiration of the initial term of this Agreement, or of any additional 1 year extensions. In the event the City Council exercises its option to extend the term of this Agreement for one or more of the additional five (5) one year periods as provided for in paragraph 28.02 of specifications, the Contractor's monthly compensation shall be subject to . adjustment at the commencement of the extended term and annually thereafter ("the adjustment date") as follows: Any increase in compensation will be negotiated between the City and the contractor, with the limits being no increase to a maximum of the cost of living. The increase, if any, will be calculated with reference to cost of living during the previous year. If the increase is approved by the City Council, the increase will be calculated by adding to the Contractor's monthly compensation, the amount, if any, obtained by multiplying the contractor's compensation as of the adjustment date by the percentage by which the Consumer Price Index ( "CPI") for the Los Angeles - Anaheim -Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month. If the Index is discontinued, the Director's office shall, as its discretion, substitute for the Index such other similar index as it may deem appropriate. 12. ATTORNEY'S FEES: In the event that any action or proceeding is brought by either party to enforce any term or provision of this Agreement, the prevailing party shall recover its reasonable attorneys' fees and costs incurred with respect thereto. City of Diamond Bar 7 L.L.M.D. 1138 13. TERMINATION: This Agreement may be terminated by City upon the giving of a written "Notice of Termination" to contractor at least thirty (30) days prior to the date of termination specified in said notice. In the event of such termination, contractor shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed with all the formalities required by law on the respective dates set forth opposite their signatures. State of California Contractor's License No. 592268 Date VED TO FORM ity Attorney q Date By: �- Ame 'C-__JLQ-QL iILO � - Title CITY OF DIAMOND BAR, CALIFORNIA By: A�& 4? Mayor By: City Clerk Contractor's Business Phone 2--, f g L( `a (n I c? L Emergency Phone at which Contractor can be reached at any time City of Diamond Bar 8 L.L.M.D. #38 CITY OF DIAMOND BAR BID OPENING LOG SHEET BID OPENING DATE: March 23' 1995 10:00 a.m. PROJECT NO.: Tigh ing_& Tnnciscape District No. 38 (Maintenance) B4DDERS NAME BID BONDBID AMOUNT y CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: May 21, 1996 REPORT DATE: May 15, 1996 FROM: Bob Rose, Community Services Director TITLE: Extension of contract for Maintenance of Lighting & Landscape District No. 39. SUMMARY: On July 25, 1995, The City Council awarded a contract to Accurate Landscape & Maintenance Corporation, in the amount of $73,080 for the maintenance of Lighting & Landscape District No. 39 for the period of July 1, 1995 through June 30, 1996. The contract allows the City Council to extend the contract on an annual basis if an extension is deemed to be in the best interest of the City. Accurate Landscape & Maintenance Corporation has proven that they can satisfactorily perform the specifications of the contract. Under the terms of the contract, the contractor is normally entitled to a C.P.I. adjustment on the extension. Accurate Landscape and Maintenance Corporation has agreed to forgo this adjustment for the 1996/97 fiscal year. RECOMMENDED ACTION: It is recommended that the City Council approve the extension of the contract with Accurate Landscape & Maintenance Corporation, for the Maintenance of Lighting & Landscape District No. 39 for fiscal year 1996/97 in an amount not to exceed $73,080. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification _ Resolution(s) _ Bid Specifications (on file in City Clerk's office) _ Ordinance(s) 2L Other: Letter of Agreement Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? Yes No 2. Does the report require a majority vote? X �_ Yes No 3. Has environmental impact been assessed? Yes No 4. Has the report been reviewed by a Commission? Yes X No 5. What Commission? Are other departments affected by the report? Yes X No Report discussed with the following affected departments: None REVIEWED BY: Terrence L. Belanger City Manager Frank M. s r Assistant City Manager 4Bobose Community Services Director Eileen R. Ansari Mayor Robert S. Huff Mayor Pro Tern Clair W Harmony COUncif Member Carol Herrem council Member Gary H. Werner Council Member keewbdlut- May 15, 1996 City of Diamond Bar 21660 E. Copky Drive, 50C 100 - Djamonc; Rat, CA 91765-4177 (909) 860.2489 • Fax: (909) $61-3117 lntcrrrct: http://www.cjAian%on&bar.ca.us Thomas Olsen, President Accurate Landscape and Maintenance Corporation 1910 Lime Orange, CA 92665 RE: MAINTENANCE OF LIGHTING AND LANDSCAPE DISTRICT NO. 39 Dear Mr. Olsen; This is to inform you that the City of Diamond Bar is interested in extending the District No. 39 Malntenanco Contract with Accurab? Landscape and Maintenance Corporation from July 1, 1996 through lune 30, 1997. The contract will remain the same amount as the 1995/96 contract, $6,090 per month or $73,080 Per yew - upon approval of this contract extension by the Diamond 13ar City Council, a purchase order in the amount not to exceed $73,060 will be processed and forwarded to you. Sincerely, Bob Rose, Director Community Services Department By signing below, the parties agree to the above terms. S� ,6 Mayor Date D e City of Diamond Bar Accurate U ape & Maim. Corp. Attest: City Clerk Date Approved as to Form. City Attorney - Date 1 Q4R—nq-1 R 1 r .112 porn - nor ZOd LZO 3dVOSdNV-1 31tlanoov 8Z c S 1 91—SO-9661 AGREEMENT KNOW ALL MEN BY THESE PRESENTS: That the following agreement is made and entered into, in duplicate, as of the date executed by the City Clerk and the Mayor, by and between Accurate Landscape & Maintenance Corporation, hereinafter referred to as "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 said notice; and WHEREAS, City did accept the bid of Contractor Accurate Landscape & Maintenance Corporation and; WHEREAS, City has authorized the City Clerk and Mayor to enter into a written contract with Contractor for furnishing labor, equipment, and material for Annual Landscape Maintenance for Lighting & Landscape Maintenance District No. 39 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 Annual Landscape Maintenance for Lighting & Landscape Maintenance District No. 39 in the City of Diamond Bar. Said work to be performed in accordance with specifications and standards on file in the office of the City Manager and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Manager. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY The aforesaid specifications are incorporated herein by reference thereto and made a part hereof with like force and effect as if all of said documents were set forth in full herein. Said documents, the Resolution Inviting Bids attached hereto, 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. a. The undersigned bidder agrees to execute the contract within ten (10) calendar City of Diamond Bar L.L.M.D. No. 39 days from the date of notice of award of the contract or upon notice by City after ten (10) calendar days, and to complete the installation of the work within sixty (60) calendar days from the execution of the first contract. The bidder agrees further to the assessment of liquidated damages in the amount of one - hundred ($100.00) 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 contract. 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. • Before beginning work, the Contractor shall furnish to the Engineer a certificate of insurance as proof that he has taken out full 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. 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 worker's 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 subcontractor 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. City of Diamond Bar 2 L.L.M.D. No. 39 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 qualified 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 said 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 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 insured in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of Contractor or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. City of Diamond Bar 3 L. L. M. D. No. 39 The Contractor shall at the time of the execution of the contract present the original policies of insurance required in paragraphs a. and b. hereof, or present a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. 5, PR INC 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 locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk 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. Pursuant to Labor Code Section 1775, the contractor shall forfeit, as penalty to City, not more than fifty dollars (x•00) for eachworkman, or mechanic employed for laborer, each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. 6 pRF*�'i'irFSHIP EMP YMEI� In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statues 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 b in Sections Provisionsl7o concerning the employment of apprenticesy the Contractororanysubcontractor 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 journeymen that will be used in l not be less than one toOf the n five except:t- The ratio of apprentices to ,journeymen in such 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 City of Diamond Bar 4 L.L.M.D. No. 39 b. When the number of apprentices in training in the area exceeds a ratio of one to five, or c. When the trade can show that it is replacing at least 1130 of its membership through apprenticeship training on an annual basis statewide or locally, or d Whenthe Contractor provides evidence that he employs registered apprentices on all ,of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contribution 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. 7. r Frei 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 subcontractor 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 subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. 8 TRAVEL AND SURSISTEN E 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 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 employees of the contractor or his subcontractors or the City of Diamond Bar 5 L.L.M.D. No. 39 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, except the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City during the progress of the work or at any time before its completion and final acceptance. The Contractor will indemnify_ City against and will hold and save City 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, but excluding such actions, claims, damages to persons or property, penalties, obligations, or liabilities arising from the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City, and in connection therewith: a. The Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations, 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 City 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 City harmless therefrom. C. In the event City, without fault, is 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 of the contractor. hereunder, the contractor agrees to pay to City any and all costs and expenses incurred by City 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 damage as aforesaid. 10. NON-DISCRIMINATION: No discrimination shall be made in the employment of persons upon public works because of the race, color, or religion of such persons, and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Division 2, Part 7, Chapter 1 of the Labor Code in accordance City of Diamond Bar 6 L.L.M.D. No. 39 with the provisions of section 1735 of said Code. 11. CO ACT City shall pay to the Contractor for ftirnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with Contractor's Proposal dated March 23, 1995, in the total amount of $73,080.00. The City Council shall have the option to extend this Agreement up to five (5) additional one (1) year periods, subject to the same terms and conditions contained herein, by giving Contractor written notice of exercise of this option to renew at least thirty (30) days prior to the expiration of the initial term of this Agreement, or of any additional 1 year extensions. In the event the City Council exercises its option to extend the term of this Agreement for one or more of the additional five (5) one year periods as provided for in paragraph 28.02 of specifications, the Contractor's monthly compensation shall be subject to adjustment at the commencement of the extended term and annually thereafter ("the adjustment date") as follows: Any increase in compensation will be negotiated between the City and the contractor, with the limits being no increase to a maximum of the cost of living. The increase, if any, will be calculated with reference to cost of living during the previous year. If the increase is approved by the City Council, the increase will be calculated by adding to the Contractor's monthly compensation, the amount, if any, obtained by multiplying the contractor's compensation as of the adjustment date by the percentage by which the Consumer Price Index ("CPI") for the Los Angeles -Anaheim - Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") reported by the Bureau of Labor Statistics of the United States e Department of Labor, has increased over the CPI for the month one year prior Index Month. If the Index is discontinued, the Director's office shall, as its discretion, substitute for the Index such other similar index as it may deem appropriate. 12. ATTORNEY'S FEF In the event that any action or proceeding is brought by either party to enforce any term or paon of this incurred ement,with respectthe therellrevi g p Y shall recover its reasonable attorneys' fees nd TERMINATION: This Agreement may be terminated by City upon the giving 13. days prior to the date of a written "Notice of Termination" to contractor at least thirty (30) Y P of termination specified in said notice. In the event . of such termination, contractor shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. 7 L.L.M.D. No. 39 City of Diamond Bar IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed with all the formalities required by law on the respective dates set forth opposite their signatures. State of California Contractor's License No. 603282 - C27 Date Date By: ✓, N' e . Title CITY OFF DIAMOND BAR, CALIFORNIA By: �r Mayor By: — City Clerk Contractor's Business Phone—t/ 14� q `2' 1- 4 2-,i- 5- -- - Emergency Phone at which Contractor can be reached at any time l City of Diamond Bar 8 L.L.M.D. No. 39 CITY OF DIAMOND BAR BID OPENING LOG SHEET BID OPENING DATE: Mar -„h 29,4"0959- PROJECT 9 noS PROJECT NO.: Lighting & Landscape District No. 39 (Maintenance) nTnr%vvc mAmr BID BOND BID AM IV/itiV 11/l/- /0 fr C 1 SC�S/1£ z C Gl CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: May 21, 1996 REPORT DATE: May 15, 1996 FROM: Bob Rose, Community Services Director TITLE: Extension of contract for Maintenance of Lighting & Landscape District No. 41. SUMMARY: On April 4, 1995, the City Council awarded a contract to Landscape West, Inc., in the amount of $35,400 for the maintenance of Lighting & Landscape District No. 41 for the period of July 1, 1995 through June 30, 1996. The contract allows the City Council to extend the contract on an annual basis if an extension is deemed to be in the best interest of the City. Landscape West, Inc. has proven that they can satisfactorily perform the specifications of the contract. Under the terms of the contract, the contractor is entitled to a Consumer Price Index adjustment on the extension. ` Landscape West, Inc. has agreed to forgo this increase for the 1996/97 fiscal year. RECOMMENDED ACTION: It is recommended that the City Council approve the extension of the contract with Landscape West, Inc. for the maintenance of Lighting & Landscape District No. 41 for fiscal year 1996/97, in an amount not to exceed $35,400. LIST OF ATTACHMENTS: X Staff Report _ Resolution(s) _ Ordinance(s) X Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ Public Hearing Notification Bid Specifications (on file in City Clerk's office) 2L Other: Letter of Agreement 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? Yes X No 2. Does the report require a majority vote? �_ Yes No No 3. Has environmental impact been assessed? Yes 4. Has the report been reviewed by a Commission? Yes No 5. What Commission? Are other departments affected by the report? Yes X No Report discussed with the following affected departments: None REVIEWED BY: Terrence L. Belanger City Manager Frank M. Usher Assistant City Manager i ob Rose Community Services Director May -1S -9S 22_21 City of t3tarrmond Bar, CA 909-861-3117 P-02 - City of Diamond Bar 2160 E. Copley Drive, Suite 100 • Diamad $w, G 91765-417: (909) 0$0`2489 - ;ox: 1919) $61-3117 lip, lnlr�nrt: hltp'//www.ci.�a�wnnA'bp.p•vs FIM IL AMM) Mayor now S. NW Mrym Pto Tem carr w.11MMOM Council Member Carel Hmsre COMM Member Gary H. VAMW (.-AU .9 la rRbff .w 1111W May 15, 1996 Barry Konier, President f`andsewe VV", Inc. 950 N. Tustin Avenue Anaheim, CA 92507 ME: MAINTENANCE OF UGHTING AND LANDSCAPE DISTRICT NO.41 Dear Mr. Konler: This is to inform you *w the City of Diamond Bar is interested in extending the District No. 41 Maintenance Contract with landscape West, Inc. from July 1, 1996 through June 30, 1997. The contract will remain the same amount as the 1995/96 contract, $2,950 per month or $35,400 per year. Upon approval of this contract extension by the Diamond Bar City Council, a purchase order in the amount not to exceed $35,400 will be processed and forwarded to you. Sincerely, Bob Rose, Director Community Services Departrnent By signing below, the parties agree to the above terms. —4 lt+tsyoY Date V� c..c Prerfi�rlt r Dalt City of 010ond Bar Landscape WC51t, Irrc- Attest: Cleric DOW Approved as to Form: City Attorney DaM KNOW ALL MEN BY THESE PRESENTS: That the following agreement is made and entered into, in duplicate, as of the date executed by the City Clerk and the Mayor, by and between LANDSCAPE WEST, 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 said notice; and WHEREAS, City did accept the bid of Contractor LANDSCAPE WEST, INC. and; WHEREAS, City has authorized the City Clerk and Mayor to enter into a written contract. with Contractor for furnishing labor, equipment, and material for Annual Landscape Maintenance for Lighting & Landscape Maintenance District No. 41 in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. nENERAi . SCOPE OF WORK: Contractor shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Annual Landscape Maintenance for Lighting & Landscape Maintenance District No. 41 in the City of Diamond Bar. Said work to be performed in accordance with specifications and standards on file in the office of the City Manager and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Manager. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The aforesaid specifications are incorporated herein by reference thereto and made a part hereof with like force and effect as if all of said documents were set forth in full herein. Said documents, the Resolution Inviting Bids attached hereto, 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 a. The undersigned bidder agrees to execute the contract within ten (10) calendar days from the date of notice of award of the contract or upon notice by City after ten (10) calendar days, and to complete the City of Diamond Bar L.L.M.D. #41 installation of the work within sixty (60) calendar days from the execution of the first contract. The bidder agrees further to the assessment of liquidated damages in the amount of one -hundred ($100.00) 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 contract. 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.npcng. at on Insurance: Before beginning work, the Contractor shall furnish to the Engineer a certificate of insurance as proof that he has taken out full 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. 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 worker's 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 subcontractor 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. City of Diamond Bar 2 L.L.M.D. #41 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 qualified 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 said 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 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 insured in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of Contractor or any subcontractor in performing the work provided for herein; City of Diamond Bar 3 L.L.M.D. #41 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. The Contractor shall at the time of the execution of the contract present the original policies of insurance required in paragraphs a. and b. hereof, or present 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 locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk 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. Pursuant to Labor Code Section 1775, the contractor shall forfeit, as penalty to City, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statues 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 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 journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: City of Diamond Bu 4 L.L.M.D. #41 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 1130 of its membership through apprenticeship training on an annual basis statewide or locally, or d. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contribution to funds established for the administration of apprenticeship programs if he employs regisnered 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. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the exaction 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 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 subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. 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, City of Diamond Bar 5 L.L.M.D. #41 agents and employees 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 employees of the contractor or his subcontractors 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, except the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City during the progress of the work or at any time before its completion and final acceptance. The Contractor will indemnify City against and will hold and save City 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, but excluding such actions, claims, damages to persons or property, penalties, obligations, or liabilities arising from the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City, and in connection therewith: a. The Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations, 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 City 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 Cityharmless therefrom. C. In the event City, without fault, is 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 of the contractor hereunder, the contractor agrees to pay to City any and all costs and expenses incurred by City 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 damage as aforesaid. City of Diamond Bar 6 L.L.M.D. #41 10. NON-DISCRIMINATION: No discrimination shall be made in the employment of persons upon public works because of the race, color, or religion of such persons, and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Division 2, Part 7, Chapter 1 of the Labor Code in accordance with the provisions of section 1735 of said Code. 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 March 22, 1995, in the total amount of $35,400. The City Council shall have the option to extend this Agreement up to five (5) additional one (1) year periods, subject to the same terms and conditions contained herein, by giving Contractor written notice of exercise of this option to renew at least thirty (30) days prior to the expiration of the initial term of this Agreement, or of any additional 1 year extensions. In the event the City Council exercises its option to extend the term of this Agreement for one or more of the additional five (5) one year periods as provided for in paragraph 28.02 of specifications, the Contractor's monthly compensation shall be subject to adjustment at the commencement of the extended term and annually thereafter ("the adjustment date") as follows: Any increase in compensation will be negotiated between the City and the contractor, with the limits being no increase to a maximum of the cost of living. The increase, if any, will be calculated with reference to cost of living during the previous year. If the increase is approved by the City Council, the increase will be calculated by adding to the Contractor's monthly compensation, the amount, if any, obtained by multiplying the contractor's compensation as of the adjustment date by the percentage by which the Consumer Price Index ("CPI") for the Los Angeles - Anaheim -Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month. If the Index is discontinued, the Director's office shall, as its discretion, substitute for the Index such other similar index as it may deem appropriate. 12. ATTORNEY'S FEES: In the event that any action or proceeding is brought by either party to enforce any term or provision of this Agreement, the prevailing party shall recover its reasonable attorneys' fees and costs incurred with respect thereto. City of Diamond Bar 7 L.L.M.D. #41 13. TERMINATION: This Agreement may be terminated by City upon the giving of a written "Notice of Termination" to contractor at least thirty (30) days prior to the date of termination specified in said notice. In the event of such termination, contractor shall only be paid for services rendered and expenses necessarily incurred prior to -the effective date of termination. IN WPTNESS WHEREOF, the parties hereto have caused these presents to be duly executed with all the formalities required by law on the respective dates set forth opposite their signatures. State of C:alltornia Contractor's License No. 4171M Date APPROVED AS TO FORM Li ity Attorney ' N 0 Tide CITY OF DIAMOND BAR, CALIFORNIA By: ' Mayor City Clerk Date Contractor's Business Phone )'V- '7 - / %, S Emergency Phone at which Contractor can be reached at any time City of Diamond Bar 8 L.L.M.D. #41 CITY OF DIAMOND BAR BID OPENING LOG SHEET f - BID OPENING DATE: March 23, 1995 10:00 a.m. PROJECT NO.: Lighting & Landscape District No. 41 (Maintenance) T G1T T or DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: May 14, 1996 REPORT DATE: May 21, 1996 FROM: James DeStefano, Community Development Director Kellee A. Fritzal, Administrative Assistant TITLE: PUBLIC HEARING FOR CONSIDERATION OF AN AMENDED FY 1996-97 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SUMMARY: On 1,nuary 9, 1996 the City Council approved the 1996-97 Community Development Block Grant (CDBG) Program. At the Public Hearing, the City Council requested that staff further investigate the proposed Del Paso High School Library Technician Program, for eligibility and possible CDBG funding. The proposed program is eligible, based upon individual student verification. In addition, due to the success of the Senior Emergency Preparedness Program, conducted by the American Red Cross, it is recommended that the program be funded for an additional year. RECOMMENDATION: It is requested that the City Council conduct a public hearing and approve Resolution 96-01 (A) "A Resolution Approving the City's Community Development Block Grant Program for Fiscal Year 1996-97", and authorize the City Manager to execute all CDBG documents required for the implementation of the program. EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. iias the resolution, ordinance or agreement been reviewed N/A _ 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: 11=1FAIWAIX-01 "Ry ector CITY COUNCIL REPORT AGENDA NO. MEETING DATE: May 21, 1996 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: PUBLIC HEARING FOR CONSIDERATION OF AN AMENDED 1996-97 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ISSUE Shall the 1996-97 Community Development Block Grant (CDBG) program be amended to include funding for the Del Paso High School Library Technician Program and the Senior Emergency Preparedness Program? RECOMMENDATION It is requested that the City Council conduct a public hearing and approve Resolution 96-01 (A) "A Resolution Approving the City's Community Development Block Grant Program for Fiscal Year 1996-97", and authorize the City Manager to execute all CDBG documents required for the implementation of the program. ral r►r_�.c�U�1�YMJ��� Approval of the revised 1996-97 CDBG budget will be incorporated into the 1996-97 budget. The CDBG Program does not impact the General Fund budget. BACKGROUND As required by Federal regulations, the City Council , on January 9, 1996, conducted a public hearing prior to the adoption of the 1996-97 Community Development Block Grant program. Del Paso High School submitted a proposal for a Library Technician Program; however, staff could not recommend funding at the January Public Hearing, without further investigation. Based upon the investigation, the proposed project is eligible. Del Paso High School will be required to verify the individual student to ensure they are eligible and a Diamond Bar resident. In addition, due to the success of the Senior Emergency Preparedness Program, conducted by the American Red Cross, it is recommended that the program be funded for a second year. I ["*$".1I The funding for the two Public Service programs would be reallocated from the Public Works sidewalk project. The Del Paso High School -Teenage Parent and Pregnant Minor Program, have proposed a Library Technician Program. The program is designed to develop an research facility in which "at -risk" students will learn how to use library research shills leading to employment in the librarian career. CDBG funds would be used to buy books (encyclopedias, atlases, dictionaries and other printed research/resource materials) and computer research materials (science research computer materials and social science research computer materials). The School would only be eligible to receive reimbursement for the materials, based upon the verification of the eligible students. Del Paso High School requested $25,000, staff recommends - $7,000 be allocated. The Senior Emergency Preparedness Program is currently being conducted by the American Red Cross. The program is a three (3) class program which includes identification and elimination of hazards, what to do during and after an emergency and a small earthquake safety pack. Due to the success of the program and positive feedback received by the Seniors, staff has requested funds to conduct the program next year. Senior Emergency Preparedness Program requested $2,500, staff recommends - $2,500. The City has been notified of an increase of $2,900 in CDBG funding. To fund the above projects, $6,600 would be deducted from the approved CDBG Sidewalk project, allocated in January from $111,953 to $106,267. Prepared by: Kellee A. Fritzal Attachments: Resolution 96-01 (A) Matrix of Amended Funding Del Paso Project Application Senior Emergency Preparedness Applicant CITY OF DIAMOND BAR COMMUNITY DEVELOPMENT BLOCK GRANT 1996-97 PROGRAM YEAR Estimated 96-97 Allocation $390,295 also $116,502 in unallocated funds from prior years Total Estimated Allocation $506,797 icil Alloc Revised ADM i City of Diamond Bar Admin. $38,739 $38,739 $38,739 $39,030 Sub -total $38,739 $38,739 $38,739 $39,030 Engineering/Public Works Service Requested Staff City Council Revised enc Provided Funds Recommendations Allocations 119/96 Staff Recom. Project Sister Prevention $1,000 $1,000 $1,000 $1,000 for seniors Boy Scouts of America Adventure $5,000 $4,000 $4,000 $4,000 Mtn. Camp Mature Senior Club Senior $15,000 $0 $0 $0 activities City Senior Program Senior $54,000 $35,000 $35,000 $35,000 activities YMCA Child Care $34,000 $30,000 $30,000 $30,000 YMCA Day Camp $15,000 $15,000 $15,000 $15,000 Del Paso High School Job Training $25,000 $0 $0 $7,000 TAPP Program Sr. Emergency Prep Emerg New $0 $0 $2,500 City Prep. icil Alloc Revised ADM i City of Diamond Bar Admin. $38,739 $38,739 $38,739 $39,030 Sub -total $38,739 $38,739 $38,739 $39,030 Engineering/Public Works Sidewalks $111,953 $111,953 $111,953 $106,267 Engineering/Public Works Ramps $37,000 $37,000 $37,000 $37,000 Community Service Park Retrofit $230,000 $230,000 $230,000 $230,000 TOTAL AVAILABLE FUNDS $506,797 **DUE TO THE STATUS OF THE FEDERAL BUDGET, THERE MAY STILL BE A CHANGE IN THE CDBG FUNDS REVISED RESOLUTION 96-01 A 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 WHEREAS, on August 22, 1974, the President of the United States signed into law the Housing and Community Development Act of 1974 (Act); and WHEREAS, the primary goals of Title I of the Act are the development of viable urban communities by providing decent housing and a suitable living environment, and expanding economic opportunities, principally for persons of low and moderate income; and WHEREAS, the City of Diamond Bar has received notification of the availability of $390,295 in federal Community Development Block Grant (CDBG) funds to further the attainment of these goals during Fiscal Year 1996-97; and WHEREAS, the City has $116,502 in CDBG funds from the current fiscal year that need to be allocated to specific projects/programs; and WHEREAS, suggestions have been requested from residents, community organizations, City Departments for the utilization of these funds; and WHEREAS, the City has published information regarding eligible activities under the Act and met with all interested groups and conducted a public hearing to solicit comments and suggestions from the community for the utilization of these funds. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar as follows: 1. Public Service $ 94,500 ♦ Project Sister $ 1,000 ♦ Boy Scouts of America $ 4,000 ♦ City Senior Program $35,000 ♦ YMCA Childcare $30,000 ♦ YMCA Day Camp $15,000 ♦ Del Paso High School $ 7,000 ♦ Senior Emerg. Prep. $ 2,500 2. Administration $ 39,030 3. Public Works ♦ Sidewalks ♦ New Access Ramps ♦ ADA Park Retrofit $106,267 $ 37,000 $230,000 REVISED $373,267 TOTAL $506,797 Section 2. That the City Manager is authorized and directed to submit the City's final Cost Summary for Fiscal Year 1996-97 to the County of Los Angeles, reflecting the funding allocations set forth herein. Should the City's final allocation vary by more than twenty-five percent (25%) from the figures contained herein, the City Manager is authorized to allocate the additional funds to eligible activities. Section 3. That the City Manager is authorized to execute the contractual and related documents to be prepared by the County of Los Angeles that are required for the implementation of the projects/programs set forth herein. Section 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED, AND ADOPTED this day of Mayor 1996. I, TOMMYE A. NICE, Acting City Clerk of the City of Diamond Bar, California do hereby certify that the foregoing Resolution Number _1_(A)_ (1996) was duly and regularly passed and adopted by the City Council of the City of Diamond Bar, California, at its adjourned regular meeting held on the day of , 1996, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: TOMMYE A. NICE, ACTING CITY CLERK CITY OF DIAMOND BAR, CALIFORNIA CITY OF DIAMOND BAR COXXVNITY DEVELOPMENT BLOCX CRANT PROORAN APPLICATION POR PONDINa All requests for funding are subject to City Council . approval Funding is contingent upon the projects eligibility under the 1al Housing and Community Development Act as amended. APPLICATION DEADLINE: DECEMBER 8, 1995 Z• licatioa susaaTAPP - Teen Age Parent and Pregnant Minor Program L1 Paso Sigh School Name of Organization Walnut Valley Unified School District Project Name ' Career STARTT Amount Requested: $ 30,000 Location of Project Del Paso High School Funds would be used to: _ Develop an -electronic research facility in which "At Risk" students will learn how to use library research skills and receive training and experience as a Library Technician(school to career). ZZ. Oenerai Znfor�aliem DPHS - 476 S. Lemon Organization Address WVUSD - 880 S. Lemon City walnut Telephone L%L 594-0776 Zip Code 91789 Contact Person Dr. R.B. Stevens Title Principal Officials authorized to sign contract and expend funds for applicant: Name Dr. Ron 8ockwalt Title Superintendent Name Dr. Richard Stevens Title Principal Federal I.O. Nunber/Social Security Number (non-profit corporation): 95-600-3446 Project Description (Check applicable, category) _ Real Property Acquisition _ Public Service . X Capital Equipment Acquisition _ Rehabilitation/ Planning/Studies 31 Preservation Other (it checked (Construction) explain belo�) Other: _wining in research, training in how to use a library, an training in a career. _ • Career STARTT Career ¢tudent Training lend Research Through Technology A DEC- iZ- �'5 _F '': ., .= r �, A -i' ;,- c- _ _M� --- -- This request is fvr a ` naw _____ existing program. (dvdq Kas program/project received past funding from the City of Diamond Sar? NO if yes, please identify the source, year and amounts N/A 222. 4eals and M60112611 Provide a detailed description of the proposed program/project by describing precisely what is to be accomplished. with the requested funds. (Attach additional sheets, if necessary) SEE ATTACHED Describe the specific purpose of the project, identifying the problems the project is intended to solves identify and describe the geoqraphie boundaries of the target area (attach a map, it appropriate. SEE ATTACHED 20.lina�elai 2sisr�atism Please complete Attachment A - proposed Budget. List other sources hon ys h e received fundinq during the past three years. — - -- , O. Program client Pr -.ill A- Clients served in previous year e, Clients below low/moderate income. C. Client* expected in new year Otamnr,A 114r Total wee Attached D. Describe characteristics of client population in target area including age, sex, income level, ethnic background and other specialized characteristics. Relate how the program/project will meet the federal requirement of benetittinq lover income parsons. See Attached I Nearby certify that if funds a; will be used to benefit Diamond mar. We and ret at will define oth assurances. A, . Signature Name anted to our organization they )me residents of the City of formalagreement With the city dons and federally required Title principal Date 12/13/95 III. GOALS AND OBJECTIVES Provide a detailed description of the proposed program/project by describing precisely what is to be accomplished with requested funds. This project addresses a number of educational issues and needs. It directly addresses the transition from school -to -career by providing students with training and experience in library careers. Pregnant and Parenting Minors, as well as other "At Risk" students, will learn to use the most current technology in accomplishing research. It will meet the needs of the Teen Age Parent and Pregnant Minor Program (TAPP) and De.l Paso High School by providing current information and resources to increase student learning. GOAL 1 TAPP students as well as other Identified "at risk" students will be provided with training and experiences in operation of a library leading to employment and/or involvement in further education in library operations. Objective(s): By June, 1996, a course outline will be developed for the position of Library/Media Technician. By June, 1997, thirty students will have completed a five credit elective course entitled Library/Media Technician. By June, 1997, thirty students will have completed a minimum of thirty hours of on-the-job experience at a local library (Diamond Bar High School, Del Paso High School, Walnut High School, Diamond Bar County Library, Walnut County Library, etc..) GOAL 2 TAPP and other identified "at -risk" students will learn to use the most current technology to accomplish research. Objective(s): By February, 1997, teachers at Del Paso High School will have modified curriculum to require a term paper or other research project for the areas of social science, English, and science. By June, 1997, all students at Del Paso High School will have completed a unit in research methodology and have completed a final research project using the new technology. GOAL 3 The holdings of the library at Del Paso High School will be updated with additional books, electronic equipment for -circulation and inventory control, electronic equipment for research, and electronic newspapers and periodicals. Objective(s): By June, 1996, the Winnebago Library Automation System and necessary electronic equipment will have been installed in a redesigned, updated library. By June, 1996, additional library books will have been ordered to meet the curricular needs of the staff and students of Del Paso High School. Describe the specific purpose of the project, identifying the problems the project is intended to solve: The goals and objectives above make clear the purposes of the project -- to provide school -to -career training for students; to provide the students with research skills and experience; and to increase the holdings of the library at Del Paso High School through additional books and electronic newspapers and periodicals. It is anticipated during the first year of this project, thirty students will receive direct classroom training in library operations. In addition, these students gain first-hand experience by actually working in a local library for a minimum of thirty hours. These students will have learned some of the basic skills to qualify for employment in a school, city, or county library.. This project, then, focuses on the issue and need for students to relate learning to real life and employment. A. second issue that the project addresses is that of learning to use. technology to accomplish research and become an active, life-long learner. The electronic/technological revolution has made learning and research more convenient, challenging, and exciting. Public schools, however, are not able to keep up with this revolution unless funds are found through grants and business partnerships. Thus, students are not able to avail themselves of new and exciting ways of learning. This project provides the most current materials and equipment for accomplishing research. Students will be taught basic library skills through a unit that will become a part of the English curriculum for grades 9 - 12. This means that all students will achieve those basic skills. In addition, this unit will incorporate learning to use the new technology. Teachers in other subject areas -- social science and science, for example -- will develop a unit that requires a research project. Students will have learned library skills, will have learned how to use the new technology and materials for accomplishing research, and will complete a research project. The third problem that the project will resolve is that of updating a school library with the most current equipment and materials. Identify and describe the geographical boundaries of the target area (attach a map, if appropriate). The geographical boundary for this project is the boundary of the Walnut Valley Unified School District which encompasses the city of Walnut and a portion of the city of Diamond Bar. .The TAPP program is available to students grade 8-12. Del Paso students are grade 9-12. Both programs are designed to give students a fresh start and new opportunities to achieve success. Currently, there are 110 male students and 92 female. Ethnic distribution is as follows: Hispanic - 40.1% White - 28.79 Black - 16.9% Asian - 10.1% American Indian - -0-% Filipino - 3.8% Pac.Isl. - .4% Current information is not available on income levels. but most of our teen mothers are in need of financial support. Del Paso serves those high school students who have difficulty adjusting to or functioning in the comprehensive high school setting. Students who are behind in credits, who enter the district too late in a semester to attend the comprehensive high school, or who have attendance and behavior problems find that Del Paso High School provides them with a viable alternative. The Tapp and Del Paso students will benefit from this program, whether they are college bound or entering the work force. This on the job training in the libraries of our community will enhance our understaffed libraries while giving the student the self-confidence to succeed and become productive citizens. 00001f2 y VVILOsxlM! swu IPANV 1204M al1LICalIOM PROM/89 19"m orqanisation TAPP - Del Paso High School MWAVID fllgl0il :alarite a supplies 2,500 1 Rost Communication on Ttws noxa Ineuralm othor ftm Qmft fus" mu (11) ?0'sRir s000n 0 0 i�2 22,'000 3 25#,000 WVUSD 15,000 20,300 �4 5,300 2,500 0 0 500 0 37,000 45,300 MOMMU Rx"M 009MU tot TIZI FR00RR1I P20aft CitY Of Diamond Mr 25,000 otbtr Cities (sP WUT) loom COMMY Or WVUSD 20V300 !acral h"sar ContriDntiass FUM Naisbw 1reInaa/tartiotpmt noel Otaar ("ity) (a) "V" gn:MM 2ROjn (SIMMId "I A)& 45,300 BUDGET EXPLANATION/PRIORITIZATION A. Supplies: $2,500 Supplies include Barcode Labels, Barcode Label Protectors, Library Borrower's Cards, Spine Label Protectors and other requisite materials. B. Travel Expenses: $ 500.00 Expenses would include: 1. Conference Attendance (if applicable). 2. Site Visitations for placement, monitoring and evaluation of students. C. Other: Expenses would include, in priority order the following: 1. Books -PRIORITY* 1 - 54.000.00: Books would include new, updated Encyclopedias, Atlases, Dictionaries, and other printed research/ resource materials. 2. Computer Research Materials - PRIORITY *2 - $3.000.00: Research materials would include, but not be limited to the following: a. Science research computer materials: $1,500.00 A.D.A.M. Essentials, A.D.A.M. The Inside Story; Science Sleuths, Biology Explorer, Physics Explorer, Chemistry Explorer I V. V. VI. EM VI 11. b. Social Science Research Computer Materials: $1,500 Point of View: Civil War and Reconstruction Point of View: Overview of U.S. History Point of View: State and Community History Kit Decisions, Decisions Series World History : 20th Century McGlobe Who Built America D. Mac Computer with Student Research Materials - PRIORITY f3 - 22.500.00 E. Connections to Winnebago Library System - PRIORITY s3 - 1 300.00 F. Mac Computer with Student Research Materials - PRIORITY *4 - 52.500.00 G. Connection to Winnebago Library System - PRIORITY x4 - 2 300.OQ H. Mac Computer with Social Science Research Materials - PRIORITY ±5 - $3.000 vi V. X. Xl. Connection to Winnebago Library System - PRIORITY f5 - $300.00 J. Mac Computer with Science Research Materials - PRIORITY f6 - 23.000 K. Connection to Winnebago Library System - PRIORITY *6 - $ 300.00 CITY OF DIAMOND BAR COMM MITY DSVILOPK=T PLOCR GRANT PROGRAM APPLICATION FOR FUNDIMO All requests for funding are subject to City Council approval. Funding is contingent upon the projects eligibility under the 1974 Housing and Community Development Act as amended. 2. Application MUMMA" Name of organization city cif Di amend Bar Project Name cnn;nr lt-7-g-nnIg Amount Requested:$ 2.500.00 Preparedness Location of Project __ iior; tmg� Darlr !`e n jin; t* rjantpr Funds would be used to: 83deapaepis-havo apew ., „eo,ac; TJ. 9 program is designed to educate and train senior citizens about earthquakes and how they can take a few simple precautions to increase their chances of riding out an earthquake sa a y. II. General Ialera�atiea organization Address 21660 E. Copley Dr.,.#1000ity Diamond Bar Telephone (909) 396-5689 Zip Code 91765 Contact Person Troy L_ Butzlaff Title Assistant to the City Manager Officials authorized to sign contract and expend funds for applicant: Name Gary H_ Werner Title Mayor (Interim) Name Terrence L_ Belanger Title City Manager Federal I.D. Number/Social Security Number (non-profit corporation): Project Description (Check applicable category) Real Property Acquisition _jL_ Public Service Capital Equipment Acquisition Rehabilitation/ Preservation Planning/Studies X_ Other (if chocked (Construction) explain below) Other: Fma,roanny ores ar _dn cs ai ni nQ and hazard i dent i f i nat i nn and reduction technicmas for senior citizpna_ This request is for a new �X_ existing program. (d ck) Has program/project received past funding from the City of Diamond Bar? Yes If yes, please identify the source, year and amount: CDBG 1994-95 Program X2,000.00 III. tioals and Objectives Provide a detailed description of the proposed program/project by describing precisely what is to be accomplished with the requested funds. (attach additional sheets, if necessary) Rpninr_nitizpns are_Qnsider_ed an at -risk group in a disaster, pfpnniallg whRn the earth shakes. The Senior Emergency Preparedness g=gqy-�,isA==JgnOA tn hi -1p rPdunp the risks to seniors by pro- viding lrant;nal training and wnrkshnns on a variety of personal safety and preparedness topics. Describe the -specific purpose of the project, identifying the problems the project is intended to solve: Nrt1+!^C��..e� �F Qy,. ;vn7 1%W7 nt c _rinns injuryth3ough odacitiwa acid traiaiag. Identify and describe the geographic boundaries of the target area (attach a map, if appropriate). The Senior Emergency Preparedness Program will target senior citizens residing throughout the City. IV. tinaacial Zmto:eoatioa Please complete Attachment A - Proposed Budget. List other sources whom you have received funding during the past three years. City of Diamond Bar CDBG Program 1993-9�F #8,00.00 1994-95 $2,000.00 ATTACZ[ZVT A COMMUNITY DZVELOPMZNT BLOCK GRANT PROGRAM APPLICATION PROPOSZD BUDGET organization rit)g of niamnnd Har ESTIMATED E=PMWZTURZB CATEGORIES FROM CITY OTHER SOURCES Salaries & Benefits Supplies ;11000.0'0 Rent Communication (wimpbar. pewp, .e) Travel Expenses Insurance Other Consultant (Training) SUsTOTu,S _ $1,000.00 (A) TOTAL BUDGET $1,000.00 $2,500.00 $2,000.00 11,500.00 $3,500.00 ZSTIMATED RSVW= SOURCES FOR TRIS PROUM/PROJECT City of Diamond Bar Public Safety/Emerg. Prep.;1,000.00 Other Cities (specify) County or State (specify) Federal Proqrams CDBG $2,500.00 Contributions Fund Raisinq Program/Participant Fees: other (specify) (B) TOTAL ESTIMATED INCOMS (should equal A): $3,500.00 V. Procram Client Profile Diamond Bar Total A. Clients served in previous year 123 123 B. Clients below low/moderate income C. Clients expected in new year 150 156 D. Describe characteristics of client population in target area including age, sex, income level, ethnic background and other specialized characteristics. Relate how the program/project will meet the federal requirement of benefittinq lower income persons. Thin program will target senior citizens, age 62 and over, from nth Cdwtag and a variety of ethnic backgrounds. The intended Cate senior citizens about earthquakes and how to be better prepared. This group has 5een identified as a high-risk group. I hearby certify that if funds are granted to our organization they will be used to benefit lower income residents of the City of Diamond Bar. we understand that the formal agreement with the City will define other reporting provisions and federally required assurances. ` �1 Signature Title Assistant to City Manager Name Troy Butzlaff Date SUBMITTAL CHECKLIST: 1. a, X Yes CITY OF DIAMOND BAR AGENDA NO. 'Z 2. AGENDA REPORT TO: MEETING DATE: Terrence L. Belanger, City Manager May 21, 1996 REPORT DATE: May 17, 1996 FROM: Lynda Burgess, City Clerk _ Yes AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR TITLE: AMENDING THE DIAMOND BAR MUNICIPAL CODE TO ADOPT A TRUANCY _ Yes ORDINANCE AND PROVISIONS FOR THE RECOVERY OF COSTS OF 5. ENFORCEMENT FROM TRUANTS AND THEIR PARENTS SUMMARY: At the request of Mayor Pro Tem Huff, staff has researched the truancy Ordinance adopted by the City of Walnut in order to adopt similar provisions for the City of Diamond Bar. Adoption of these provisions will enable the Walnut Sheriff Station to enforce truancy violations in a uniform manner throughout the Walnut Valley Unified School District. The proposed Ordinance has been reviewed by Lieutenant Stothers of the Walnut Sheriff and includes changes suggested to the City of Walnut by the Sheriff Station. RECOMMENDATION: It is recommended that the City Council waive full reading and approve first reading, by title only, of the proposed Ordinance adopting truancy provisions. EXTERNAL DISTRIBUTION: Dr. Ronald Hockwalt, Superintendent, Walnut Valley Unified School District SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed X Yes _ No 2. by the City Attorney? Does the report require a majority vote? X Yes _ No 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No 5. Which Commission? Are other departments affected by the report? X Yes _ No Report discussed with the following affected departments: Walnut Sheriff staff REVIEWED BY: DEPARTMENT HEAD: Terrence L. Belanger City Manager Frank M. Usliei Lynda Burgess Assistant City Manager City Clerk carr or n1AUAND AAP AGENDA REPORT AGENDA NO.� TO: Terrence L. Belanger, City Manager MEETING DATE: May 21, 1996 REPORT DATE: May 17, 1996 FROM: Lynda Burgess, City Clerk TITLE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENOING THE DIAMOND BAR MUNIC11PAL CODE TO ADOPT A TRUANCY ORDINANCE AND PROVISIONS FOR THE RECOVERY OF COSTS OF ENFORCEMENT FROM TRUANTS AND THEIR PARENTS SUMMARY: At the request of Mayor Pro Tem Huff, staff has researched the truancy Ordinance adopted by the City of Walnut in order to adopt similar provisions for the City of Diamond Bar. Adoption of these provisions will enable the Walnut Sheriff Station to enforce truancy violations in a uniform manner throughout the Walnut Valley Unified School District. The proposed Ordinance has been reviewed by Lieutenant Stothers of the Wa WvA Sheriff and includes changes suggested to the City of Walnut by the Sheriff. Deletions recommended by the City Attorney are shaded on the Ordinance and areas to be inserted are underlined. RECOMMENDATION: It is recommended that the City Council waive full reading and approve first reading, by title only, of the proposed Ordinance adopting truancy provisions. EXTERNAL DISTRIBUTION: Dr. Ronald Hockwalt, Superintendent, Walnut Valley Unified School District SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed X Yes _ No by the City Attorney? 2. Does the report require a majority vote? X Yes _ No 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? X Yes _ No Report discussed with the following affected departments: Walnut Sheriff staff REVIEWED BY: DEPARTMENT HEAD: Terrence L. Belanger City Manager Frank M. Usher Assistant City Manager Lya Burgess City Clerk CITY COUNCIL REPORT AGENDA NO. MEETING DATE: May 21, 1996 TO: Honorable Mayor and Members of the City Council FROM: City Manager SUBJECT: Truancy Ordinance ISSUE STATEMENT: Adoption of an Ordinance setting forth restrictions, violations and penalties for truancy infractions by minors during school hours. RECOMMENDATION: It is recommended that the City Council waive full reading and approve, for first reading, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE DIAMOND BAR MUNICIPAL CODE TO ADOPT A TRUANCY ORDINANCE AND PROVISIONS FOR THE RECOVERY OF COSTS OF ENFORCEMENT FROM TRUANTS AND THEIR PARENTS. FINANCIAL SUMMARY: No known financial impact. BACKGROUND: It has been suggested by Mayor Pro Tem Huff that the City Council consider adoption of an Ordinance setting forth truancy restrictions, violations and penalties to conform with a similar Ordinance adopted by the City of Walnut. Adoption of the proposed Ordinance would allow the Walnut Sheriff Station to enforce truancy provisions uniformly throughout the Walnut Valley Unified School District. DISCUSSION: Staff has reviewed the Ordinance adopted by the City of Walnut and discussed the matter with Lieutenant Stothers of the Walnut Sheriff Station. The Lieutenant has suggested that the City of Diamond Bar adopt virtually the same document as the City of Walnut with a couple of minor changes. These include deletion of language stating 'The notification shall include a space for the explanation of any circumstances relevant to an applicable exemption from the fee as provided by this subdivision. This explanation shall be reviewed by the sheriff. If the explanation is found to be sufficient, the sheriff may request a consultation with the parents or legal guardian for the purpose of discussing the circumstances claimed to be relevant to an applicable exemption from the bottom of Section 9.24.420(1). In addition, Section 9.24.430 has been changed from "A fee for the actual costs of administrative and transportation services for the return of the minor to his or her place of residence or 2 Honorable Mayor & Members of the City Council May 21, 1996 Page Two to the custody of his or her parents or legal guardian, may be charged... " to "...transportation services for the return of the minor to school or o#w awropriatelocation, may be charged ..." Due to the fact that some schools within the District do not begin until 9:00 a.m., Mayor Pro Tem Huff has requested that restricted hours be changed from "8:30 a.m. to 1:30 p.m." to "9:00 a.m. to 1:30 p.m." PREPARED BY: Ly da Burgess, City Cierk 3 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE DIAMOND ®AR MUNICIPAL CODE TO ADOPT A TRUANCY ORDINANCE AND PROVISIONS FOR THE RECOVERY OF COSTS OF ENFORCEMENT FROM TRUANTS AND THEIR PARENTS. THE CITY COUNCIL OF THE CITY OF DIAMOND BAR HEREBY ORDAINS AS FOLLOWS: SECTION 1. Section 9.24.410 of Chapter 9.24, of Title 9, the Diamond Bar Municipal Code is added to read as follows: "Division 4. Truancy Sec. 9.24.410 Restrictions for Minors. A. It is unlawful for any minor under the age of eighteen years to loiter, idle, wander, stroll or play in or upon the public streets, highways, roads, alleys, parks, pisygrounds, or other public grounds, public places and public buildings between the hours of 9:00 a.m. and 1:30 p.m. of the same day on days when school is in session. This subsection does not apply: (1) When the miior is acyyxnpanied by his or her parent, guardian, suouse or other over the axe of eighteen having custody and control of the minor. (2) When the minor is on an ` " f trend directed in writing by his or her parent, guardian,or person over the aae of mahteen having custody and control of the minor. (3) (4) When the minor is retuming directly home from a school event or J•l...i ai "d«. (5) When the minor is off school campus with permission to leave school campus for lunch or school- Ordinance No. Page Two related activity and has in his or possession a valid, school - issued, off -campus permit. . . •l« - •: __ . �_L� _ui. fly "i 1'.- 1 IL - ��t�?.i.l i" ! ' = • • _ • ll.._l.l *.• i"t .�" aL. 1 J • 1 T:1j • _ • • •�1�".1,: ". l.iti" �. • .'a." 6' i.• 'l.' alp "1 i"WAIL lei _71T77, SECTION 2. Sec. 9.24.420 of Chapter 9.24, of Title 9, of the Diamond Bar Municipal Code is hereby added to read as flows: Sec. 9.24.420 Violations (1) Upon the first violation of this section, the Sheriff shall issue to the minor a warning citation regarding the consequences of a second violation of this section. The Sheriff shall mail to the parents of the minor or legal guardian a notification that states that upon a second violation, the parents or legal guardian may be held liable for the actual administrative and transportation costs. The notification shall also require the parent, parents or legal guardian to sign and return the notification. (2) A minor guilty of a second or subsequent violation of this section must attend a court hearing on the violation and must be accompanied by his or her parerWs), legal guardian(s), or other adult person(s) having care or custody of said minor. If any such parental or custodial person(s) fail to attend the hearing with the minor, and unless the interests of justice would otherwise be served, the court shall continue the hearing and shall issue a citation to said parental or custodial person(s) to appear at the continued hearing with the minor." Sec. 9.24.430 Penalties imposed (1) A fee for the actual costs of administrative and transportation services for the return of the minor to school may be charged jointly or severely to the minor, his or her parents, or legal guardian, in an amount not to exceed those actual costs. Upon petition of the person required to pay the fee, the City Manager shall conduct a hearing as to the validity of the fees charged, and may waive payment of the fee, upon a finding of Ordinance No. Page Three good cause. The City Manager may waive the fee upon a determination that: a. The parents or legal guardian have made reasonable efforts to exercise supervision and control over the minor, b. Neither the minor nor the parents or legal guardian has the ability to pay the fee; or C. Community service has been performed in lieu of imposition of the fee; d. The parents or legal guardian have limited physical or legal custody and control of the minor. (2) Notwithstanding Section 9.24.420, the court may impose fines for violaft the provisions of Section 9.24.410 and may set aside any fine imposed for the violation, or any portion thereof, if the fine is based on the minor's first offense under this section and provided the minor produces proof satisfactory to the court that the following has occurred during the period between the initial hearing on the violation and any subsequent hearing set by the court: a. The minor has had no unexcused absences from school; and b. The minor has performed ten hours of court -approved community service during times other than said hours of school attendance; or C. The minor's parent, legal guardian(s), or other adult persons) having the legal care or custody of said minor has or have attended a parenting class or a series of parenting classes approved by the court. SECTION 3. The City Clerk shall certify to the adoption of this ordinance and shall cause this ordinance to be posted or published as prescribed by law. Ordinance No. Page Four ADOPTED AND APPROVED this day of Mayor •E. I, Lynda Burgess , City Cleric of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the day of and was finally passed 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: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAINED: COUNCILMEMBERS: ATTEST: City Clerk of the City of Diamond Bar CITY OF MA -MOND BAK AGENDA REPORT AGENDA NO. TO: Mayor and City Council MEETING DATE: May 21, 1996 REPORT DATE: May 3, 1996 FROM: Terrence L. Belanger, City Manager ISSUE: Confidentiality Agreement with Economics Research Associates and resolutions authorizing access to Sales Tax records. DISCUSSION: On April 2, 1996, the Diamond Bar Redevelopment Agency approved an agreement with Economics Research Associates (ERA) regarding the performance of economic development related services. We have found that it will be useful and necessary for ERA to have access to the sales tax information of individual businesses. The California Revenue and Taxation Code requires that such information be released and made available only to officials and contractors authorized by resolution of the City Council to receive it. In the case of contractors, there must also be an agreement of confidentiality in place. Because sales tax is a matter of the authority and interest of the City, we are asking that the City Council take action on the accompanying documents. The proposed agreement establishes the necessary relationships between the City and ERA. The first resolution supersedes and repeals Resolution 90-9, corrects the name of the City Manager, and continues the access authorization of Ilinderliter, de Lamas & Associates. The second resolution authorizes access by ERA. When the work of ERA is completed, it would then be our intention to terminate this authorization. RECOMMENDATION: That the City Council approve a confidentiality agreement with Economics Research Associates and resolutions authorizing access to Sales Tax records. SUBMITTAL CHECKLIST: I . 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? N/A _ Yes —No Which Commission? 5. Are other departments affected by the report? N/A _ Yes _ No Report discussed with the following affected departments: WED BY: Terrence L. Belanger V Frank M. Usher City Manager �/ Assistant City Manager RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING ACCESS TO SALES AND. TAX RECORDS PURSUANT TO REVENUE AND TAXATION CODE SECTION 7056 AND REPEALING RESOLUTION NO. 90-9 The City Council of the City of Diamond Bar hereby resolves: SECTION 1. The following City officials are hereby authorized to receive and review sales and use tax allocation information from the State Board of Equalization: City Manager: Terrence L. Belanger Finance Office: Linda G. Magnuson Joann M. Gitmed SECTION 2. The following independent contractor for the City of Diamond Bar is hereby also authorized to receive and review sales and use tax data received from the State Board of Equalization: Hinderliter, de Llamas & Associates: Robert Hinderliter, Principal Lloyd de Llamas, Principal SECTION 3. The City of Diamond Bar hereby certifies that Hinderliter, de Llamas & Associates: records; and A. Has a current confidentiality contract with the City to receive sales and use tax B. Is required by that contract to disclose information contained in, or derived from, those sales and use tax records only to an officer or employee of the City who is authorized by this resolution to examine the information; and C. Is prohibited by that contract from performing consulting service for a retailer during the term of that contract; and D. Is prohibited by that contract from retaining the information contained in, or derived from those sales tax records, after that contract has expired. SECTION 4. Information obtained by examination of board of records shall be used only for purposes related to the collection of local sales and use taxes by the Board for municipal revenue forecasting and verification. SECTION 5. This resolution supersedes Resolution No. 90-9. SECTION 6. The City Clerk shall certify to the adoption of this Resolution and send forward a certified copy to: State Board of Equalization 2014 "T" Street, Suite 220 Sacramento, CA 95814 ADOPTED AND APPROVED THIS day of , 1996. Mayor I, Tommye A. Nice, Acting City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 1996, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: Tommye A. Nice, Acting City Clerk K RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING ACCESS TO SALES AND TAX RECORDS PURSUANT TO REVENUE AND TAXATION CODE SECTION 7056 (ECONOMICS RESEARCH ASSOCIATES) The City Council of the City of Diamond Bar hereby resolves SECTION 1. The following independent contractor for the City of Diamond Bar is hereby authorized to receive and review sales and use tax data received from the State Board of Equalization: Economics Research Associates: David A. Wilcox, Senior Vice President SECTION 2. The City of Diamond Bar hereby certifies that Economics Research Associates: records; and A. Has a current confidentiality contract with the City to receive sales and use tax B. Is required by that contract to disclose information contained in, or derived from, those sales and use tax records only to an officer or employee of the City who is authorized by resolution to examine the information; and C. Is prohibited by that contract from performing consulting service for a retailer during the term of that contract; and D. Is prohibited by that contract from retaining the information contained in, or derived from those sales tax records, after that contract has expired. SECTION 3. Information obtained by examination of board of records shall be used only for purposes related to the collection of local sales and use taxes by the Board for municipal revenue forecasting and verification. SECTION 4. The City Clerk shall certify to the adoption of this Resolution and send forward a certified copy to: State Board of Equalization 2014 "T" Street, Suite 220 Sacramento, CA 95814 ADOPTED AND APPROVED THIS day of Mayor 1996. I, Tommye A. Nice, Acting City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 1996, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: Tommye A. Nice, Acting City Clerk 2 CITU Or DIA_MOA1T) RAR AGENDA REPORT AGENDA NO. F .� TO: Terrence L. Belanger, City Manager MEETING DATE: May 21, 1996 REPORT DATE: May 15, 1996 FROM: James DeStefano, Community Development Director Kellee A. Fritzal, Administrative Assistant TITLE: A RESOLUTION OF THE CITY COUNCIL APPROVING PARTICIPATION IN THE LOS ANGELES URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND AUTHORIZING THE MAYOR TO EXECUTE THE COOPERATION AGREEMENT BETWEEN LOS ANGLES COUNTY AND THE CITY SUMMARY: The U.S. Department of Housing and Urban Development (HUD) regulates the Community Development Block Grant Program. To be eligible to receive CDBG funding, a City must either be an eligible metropolitan city or be a participating City in an Urban County Program. The City qualifies as a "metropolitan city", based on a population of over 50,000, and can attain entitlement status effective July 1, 1997. The City may also continue to participate in the Los Angeles Urban County CDBG program. To continue to participate in the Los Angeles Urban County CDBG program, the 'ity must execute a Cooperation Agreement by May 31, 1996 for a three year cycle, July 1, 1997 to June 30, 2000. The City of Diamond Bar has been participating in the Los Angeles Urban County CDBG program since July 1991. In May 1993, the City elected to defer entitlement status and remain with the LA Urban County CDBG program as a participating City. RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 96 -XX approving the participation in the Los Angeles Urban County Community Development Block Grant program. EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed N/A _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 reviewe i by a Commission? —Yes XNo Which Commission? 5. Are other departments affected by the report? _Yes X No Report discussed with the following affected departments: REVIEWED BY: Terrence L. Belanger City Manager Frank"M. Ugh / Assistant City Manager 14_,� Ji&es DeStefano Community Develo ment Director CITV COUNCIL REPORT AGENDA NO. MEETING DATE: May 21, 1996 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: A RESOLUTION OF THE CITY COUNCIL APPROVING PARTICIPATION IN THE LOS ANGELES URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND AUTHORIZING THE MAYOR TO EXECUTE THE COOPERATION AGREEMENT BETWEEN LOS ANGLES COUNTY AND THE CITY OF DIAMOND BAR ISSUE Shall the City continue to participate in the Los Angeles Urban County Community Development Block Grant program; or become a "metropolitan city" and attain entitlement status in July 1997? RECOMMENDATION It is recommended that the City Council adopt Resolution No. 96 -XX approving participation in the Los Angeles Urban County Community Development Block Grant program. FINANCIAL SUMMARY All cost associated with the CDBG program are funded through the City's CDBG allocation. The yearly allocation of CDBG funds cannot be determined. The City receives money annually based upon a Federal formula. In FY 1996-97 the City will receive $390,000. BACKGROUND The City has been a participating city in the Los Angeles Urban County Program since July 1991. As a participant, the City controls distribution of City's annual allocation. The County administers HUD's requirements, including reporting requirements. The County provides a Program Manager who assists by providing technical assistance, monitoring, conducting audits, environmental clearances and answering programmatic questions. The County provides the above services for ten percent (10%) of the City's CDBG allocation. The County allows the City to allocate ten percent (10%) of the City's annual allocation for general administration, for FY 1996-97 this amounts to $39,000. City staff provides information on semi-annual program reports, assessments of the community requirements, financial reimbursements and yearly cost summaries. The City administers the day to day activities of the projects. If the City of Diamond Bar chooses to become a "metropolitan city" and accept entitlement status for July 1, 1997, the City would need to administer the following HUD requirements: Consolidated Plan - A Plan which establishes a vision for community development actions and requires enhanced citizen participation and fair housing standards. The Plan consists of: housing and homeless needs assessment; housing market analysis; strategies and priority needs and objectives; action plan; certifications/monitoring. The first four elements are for a projected five year period. The action plan, certifications, and monitoring are documented yearly. Environmental Clearance - All projects must have an environmental clearance, and if required an NEPA Environmental Assessment or Exclusion, including historical clearances. General Program Management - The City would be responsible for the day to day activities of the CDBG program. (i.e. determining eligibility of projects, developing contracts with the sub -recipients, monitoring sub -recipients, and conducting the appropriate environmental clearances.) Financial Reporting - HUD provides a letter of credit to all entitlement cities, for the amount of the yearly allocation. HUD provides a cash management financial system which is for reporting/tracking projects.. The City would be allowed to use twenty percent (20%) of the annual allocation for CDBG administration expenses. Based upon FY 1996-97 allocation, this would amount to $78,000. The City would be provided with a HUD Program Manager. HUD would conduct audits of the City's performance and provide periodic training. DISCUSSION The City, due to its participation in the County CDBG program, receives HOME funds. The HOME program funds both the first time home buyer program (silent second trust deed), and the housing rehabilitation program. In addition, the City participates in the Mortgage Credit Certificate (MCC) Program. The County administers, at no additional cost, the above programs for the City. Should the City decide to become an entitlement city, we would not be eligible for the HOME funds. The City could still participate in the MCC Program. The City would be able to administer the CDBG program with existing staff, either as a participating city or entitlement city. As a participating city, the County administers the program for ten percent (10%) of the City's allocation. Based upon FY 1996-97 the City allocates 10% or $39,000 to administration of the day to day activities and the County allocates the remaining 10% or $39,000 for the reporting requirements. If the City became an entitlement city, twenty percent (20%) or $78,000 of the annual allocation could be allocated towards administration. However, the City would need to direct additional costs, both City staff and consultants, towards the administration of the program. The City conducted a survey of the ten (10) cities that were eligible to become entitlement in 1994. Of the eight cities that choose to become entitlement cities, they reported an increase in administration costs. The City is receiving good service from the County regarding the CDBG program. If the City became a metropolitan city there would be an increase in reporting requirements necessitating an increase staff commitment in the day to day activities of the program. There would not be an substantial increase in the annual CDBG allocation, due to the increase staff/consultant requirements. The City's administration of the program could be greater then the 20% of the allocation allowed. Based upon the information gathered it is considered that deferring designation as an metropolitan city and participating with the County program would be the most cost effective. Prepared bv: Kellee A. Fritzal Administrative Assistant Attachments: Resolution Cooperative Agreement RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE PARTICIPATION IN THE LOS ANGELES URBAN COMMUNITY BLOCK GRANT (CDBG) PROGRAM AND AUTHORIZING THE MAYOR TO EXECUTE THE COOPERATION AGREEMENT BETWEEN LOS ANGELES COUNTY AND THE CITY OF DIAMOND BAR WHEREAS, the City of Diamond Bar has expressed an interest in participating in the Los Angeles Urban County Community Block Grant (CDBG) Program, for the three (3) year cycle commencing July 1, 1997 and ending June 30, 2000; and WHEREAS, in order to participate in the Urban County Community Block Grant (CDBG), the City of Diamond Bar is required to enter into a cooperation agreement with the County of Los Angeles. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Diamond Bar does hereby approve the participation in the Los Angeles Urban County Community Block Grant Program (CDBG) commencing July 1, 1997. BE IT FURTHER RESOLVED, that the City Council of the City of Diamond Bar hereby approved entering into the cooperation agreement between the City of Diamond Bar and the County of Los Angeles and hereby authorizes the Mayor to execute the cooperation agreement on behalf of the City of Diamond Bar. PASSED, APPROVED, AND ADOPTED THIS day of -1996. Mayor I, Tommye A. Nice, Acting City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 1996, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: Tommye A. Nice, Acting City Clerk INTEROFFICE MEMORANDUM CITY OF DIAMOND BAR TO: Fellow Council Members FROM: Carol Herrera, Council Member SUBJECT: Park Bond Act - SB 1948 DATE: May 21, 1996 The Park Bond Act (SB 1948) is scheduled to be heard before the State Senate Appropriations Committee on Thursday, May 23. The Wildlife Corridor Conservation Authority is seeking a letter of support regarding SB 1948. I would like to present this matter for Council consideration/action this evening. nbw attachment "0 Supvortm ofthe Wddnfe Comuor �C or omcrvation Aut::;t� (%VC'C,% supporters or Chink, hills State ?,,I Supporters of Open Space FROM (: laire i0lotterbeck - Hills for Everyone Phone- (714)996-1572 FAX i 7l 4) 996- F106 P4 Pages RE. Park Bond Act IHEI..P! IIEUP! HELP! MONEY! MONEY: MONEY! MAYBE! !SLAY"BE! MAYBE! KR�J`.'1).4C1' nie fate of Coal Canyon n4cs on ihts On Mav Z3rd the full State Senate Appropriations Committee wO detennine the fate of the Park Bond Act (S8 144 9), W-2 treed YOU.- to do the followtn-, 1. Please FAX a letter of support tmx ly urging than to Vole YES On S;3 1446 which would place a Park and Open Space Bond Act on the November harlot. Stress the need to prcnide additional park facilities. w„d:►te areas. an.l open space acautsttton funding. Stress our local needs NOTE Vanv Republican legislators ! spoke xvith to early rkln}- said thea were to favor of Bond Acts because tt allok,� voters, to make their own chore Empha.t:ze this: '. -'aii your State Senators office todav And ask tluctn to wte YES ot, SFi 1444 Sen Mountiov i Whtttter I and Sen Lewis f Brea I are or. this commot*.ee 3 FA -X a copy of your support letter to Senator i9 c Thompson 1Q16 "323-6Q5n 4 If ume permits or you have the staff to do Tt, please F ,�X or u ntc all of the lgibNturs on the attached sheet Stress that it is time that Southern Califom:a got its fair share THAM( YOU! Never doubt that 4k smrN group of thoughtfvi commuted c tttens -.an change. the word, indeed it's the only thing that ever has Margaret Mead