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AGENDA
Tuesday, August 6, 1996
5:30 p.m. Closed Session CC - 2
6:30 p.m. Regular Meeting
South Coast Air Quality Management District
Auditorium
21865 East Copley Drive
Diamond Bar, California
Mayor
Mayor Pro Tem
Council Member
Council Member
Council Member
City Manager
City Attorney
City Clerk
Eileen Ansari
Bob Huff
Clair W. Harmony
Caro l 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' 1 The City of Diamond Bar uses re sled paper
in the Council Chambers. �`� and encourages you to do the same.
PUBLIC INPUT
The n-eings of the Diamond Bar City Council are open to the public. A member of the public may address the
Council on the subject of one or more agenda items and/or other items of which am 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 Wile the opportunity for public comments will take place at the discretion of the Chair. However, in
order to facilitate the meeting, persona who are interested parties for an item may be requested to give their
pre s 0 -tion 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 froza personal attacks toward Council Members or other persons. Comments
which aro not conducive to a positive business meeting environment are viewed as attacks against the entire City
Council and will not be tolerated. If not complied with, you will forfeit your reg* -ming time as ordered by the
Chair. Your cooperation is greatly appreciaw-
In accordance with Government Code Section 54954.3(a) the Chair may from time to time dispeoae with public
comment on items previously considered by the Council. (Does not apply to Committee n+atittgs.)
In accordance with State Law (Brown Act), all matters to be acted on by the City Council must be posted at least
72 hours prior to the Council meeting. In can of emergency or when a subject matter arises subsequent to the
posting of the agenda, upon making certain findings, the Council may act on an itam that is not on the posted
agenda.
CONDUCT IN THE CITY COUNCIL CHAMIERS
The Chair shall order removed from the Council Chambers any person who commits the following ads 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, tandiag to. mtermpt the due and
orderly course of said meeting.
B. A breach of the peace, boisterous conduct or violent dumutance, tending to interrupt the due and orderly
course of said meeting.
C. Disobedience of any lawful order ofthe Chair, which shall include an order to be seated or to refrain from
addressing the Board; and
D. Any other unlawful iaL fc.xwA with the due and orderly conduct of said meeting.
INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL
Agendas for the regular Diamond Bar City Council ma++nga are prepared by the City Cleric and are available 72
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Every meeting of the City Council is recorded on cassette tapes and duplicate tapes are available for a nominal
chuge-
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NOTE: ACTION MAY BE TARN ON ANY ITEM IDEM umu ON THE AGENDA.
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1. CLOSED SESSION:
Next Resolution No. 96 - 51
Next Ordinance No. 03(1996)
5:30 P.M.
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b)
of Section 54956.9: Number of Cases = Two (Sasak and IPS)
2. CALL TO ORDER: 6:30 P.M. AUGUST 61 1996
PLEDGE OF ALLEGIANCE: Presentation of Colors by Ganesha
High School JROTC
Pledge by Robert Arceo
ROLL CALL: Council Members Harmony, Herrera,
Werner, Mayor Pro Tem Huff, Mayor
Ansari
3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
3.1 Proclaiming July 28, 1996 as "National Parents' Day.”
3.2 Presentation of Commendation to Patrick J. McDonnell for
"Extraordinary Courage" in confronting a suspect in the
fatal shooting of a postal supervisor on July 9, 1995.
3.3 BUSINESS OF THE MONTH:
3.3.1 Presentation of City Tile to J.F. Shea Co. for over
100 years of commitment to the building industry
and the Diamond Bar Community - to be accepted by
John Shea
4. PUBLIC COMMENTS: "Public Comments" is the time
reserved on each regular meeting agenda to provide an
opportunity for members of the public to directly address the
Council on Consent Calendar items or matters of interest to
the public that are not already scheduled for consideration on
this agenda. Although the City Council values your comments,
pursuant to the Brown Act, the Council generally cannot take
any action on items not listed on the posted agenda. please
complete a Speaker's Card and give it to the City Clerk
(completion of this form is voluntary). There is a five
minute maximum time limit when addressing the City Council.
5. SCHEDULE OF FUTURE EVENTS:
5.1 CONCERT IN THE PARK - AUGUST 7, 1996 - Susie Hanson Band
(Latin Jazz) - 6:30 - 8:00 p.m., Sycamore Canyon Park,
22930 Golden Spgs. Dr.
AUGUST 6, 1996 PAGE 2
5.2 TRAFFIC & TRANSPORTATION COMMISSION - AUGUST 8, 1996 -
7:00 p.m., AQMD Hearing Board Room, 21685 E. Copley Dr.
5.3 PLANNING COMMISSION - AUGUST 12, 1996 - 7:00 p.m., AQMD
Hearing Board Room, 21865 E. Copley Dr.
5.4 CONCERT IN THE PARK - ROCK-A-DILES (501S) - AUGUST 14,
1996 - 6:30 - 8:00 p.m., Sycamore Canyon Park, 22960
Golden Spgs. Dr.
5.5 CONCERT IN THE PARK (LAST IN SERIES) - PANDEMONIUM (STEEL
DRUM/CALYPSO) - August 21, 1996 - 6:30-8:00 p.m.,
Sycamore Canyon Park, 22960 Golden Springs Dr.
5.5 TOWN HALL MEETING WITH PARKS & RECREATION COMMISSION -
SEPTEMBER - Parks Master Plan
6. CONSENT CALENDAR: The following items listed on the Consent
Calendar are considered routine and are approved by a single
motion:
6.1 APPROVAL OF MINUTES:
6.1.1 Work Session of July 2, 1996 - Approve as
submitted
6.1.2 Regular Meeting of July 2, 1996 - Approve as
submitted.
6.1.3 Regular Meeting of July 16, 1996 - Approve as
submitted.
Requested by: City Clerk
6.2.1 Regular Meeting of June 24, 1996 - Receive and
file.
6.2.2 Regular Meeting of July 8, 1996 - Receive and
file.
Requested by: Community Development Director
6.3 PARKS & RECREATION COMMISSION MINUTES - Regular Meeting
of June 27, 1996 - Receive & file.
Requested by: Community Services Director
6.4 TRAFFIC & TRANSPORTATION COMMISSION MINUTES:
6.4.1 Regular Meeting of March 14, 1996 - Receive
and file.
6.4.2 Regular Meeting of April 11, 1996 - Receive
and file.
6.4.3 Regular Meeting of May 9, 1996 - Receive and
file.
6.4.4 Regular Meeting of June 13, 1996 - Receive and
file.
Requested by: Public Works Director
AUGUST 6, 1996 PAGE 3
6.5 VOUCHER REGISTER - Approve Voucher Register dated August
6, 1996 in the amount of $733,038.73.
Requested by: City Manager
6.6 TREASURER'S REPORT - Receive & File Treasurer's Report
for the month of June, 1996.
Requested by: City Manager
6.7 CLAIM FOR DAMAGES - Filed by Ernie Carter on July 2,
1996.
Recommended Action: It is requested that the City
Council reject the request and refer the matter for
further action to Carl Warren & Co., the City's Risk
Manager.
Requested by: City Clerk
6.8 BOND EXONERATIONS:
6.8.1 EXONERATION OF GRADING BOND (FAITHFUL
PERFORMANCE, LABOR & MATERIAL) FOR TRACT
47722, DIAMOND KNOLL - The Principal,
Piermarini Enterprises, Inc., requests a
release of its surety bond posted for Tract
47722 located in "The Country" in the amount
of $22,500. The City Engineer finds that the
Principal has performed all work as shown on
the rough grading plans and has provided
sufficient proof of completed fine grading of
the lots.
Recommended Action: It is recommended that
the City Council approve exoneration of Bond
No. 3SM-771-718-00, in the amount of $22,500
posted with the City on February 28, 1992 as a
condition precedent to issuance of a grading
permit for the rough grading of the 13 lots
and direct the City Clerk to notify the
Principal and Surety of this action.
6.8.2 EXONERATION OF CASH DEPOSIT IN LIEU OF GRADING
BOND (FAITHFUL PERFORMANCE, LABOR & MATERIAL)
FOR 2640 CLEAR CREEK DRIVE - The Principal,
A.C. Landscaping, requests the release of its
Cash Deposit in Lieu of Grading Bond for
improvement security as required in accordance
with the Subdivision map act. The City
Engineer finds that the Principal performed
all work as shown on the grading plan on file
with the City.
AUGUST 6, 1996 PAGE 4
Recommended Action: It is recommended that
the City Council approve exoneration of Check
No. 2982 in the amount of $1,749.60 posted
with the City on March 11, 1996 and direct the
City Clerk to notify the Principal and Surety
of this action.
6.8.3 EXONERATION OF CASH DEPOSIT IN LIEU OF GRADING
BOND (FAITHFUL PERFORMANCE, LABOR & MATERIAL)
FOR 23655 FALCON'S VIEW - The Principal, James
Woo, requests the release of his Cash Deposit
in Lieu of Grading Bond for improvement
security as required in accordance with the
Subdivision Map Act. The City Engineer finds
that the Principal performed all work as shown
on the grading plan on file with the City.
Recommended Action: It is recommended that
the City Council approve exoneration of Bond
No. 004-B21056 in the amount of $2,725
deposited with United National Bank on
December 31, 1992 and direct the City Clerk to
notify the Principal and Surety of this
action.
6.8.4 EXONERATION OF CASH DEPOSIT IN LIEU OF GRADING
BOND (FAITHFUL PERFORMANCE, LABOR & MATERIAL)
FOR 1818 DIAMOND KNOLL - The Principal, Carole
Piermarini, requests the release of Cash
Deposit in Lieu of Grading Bond for
improvement security as required in accordance
with the Subdivision Map Act. The City
Engineer finds that the Principal performed
all work as shown on the grading plan on file
with the City.
Recommended Action: It is recommended that
the City Council approve exoneration of Bond
No. 123-48807-4 in the amount of $2,880
deposited with Coast Federal Bank on July 26,
1995 and direct the City Clerk to notify the
Principal and Surety of this action.
Requested by: Public Works Director
6.9 RESOLUTION NO. 96 -XX: A JOINT RESOLUTION OF THE BOARD OF
SUPERVISORS OF THE COUNTY OF LOS ANGELES ACTING ON 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-WVWD-
AUGUST 6, 1996 PAGE 5
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. 647" - The applicant has
requested annexation of 24060 Falcons View Drive
(Annexation No. 467), into the L.A. County Sanitation
District No. 21. The Sanitation District requires that
the City adopt a Resolution approving and accepting the
negotiated property tax revenue sharing percentages.
Recommended Action: It is recommended that the City
Council adopt Resolution No. 96 -XX approving the
negotiated exchange of property tax revenues resulting
from Annexation No. 467 to County Sanitation District No.
21 subject to the following conditions:
(1) That the property owner enter into an
agreement with the City in a form acceptable
to the City Attorney which provides for other
potential connections to and maintenance of
the proposed sewer system at no cost to the
City; and
(2) That a system be implemented whereby the
applicant will be entitled to reimbursement
for the cost of any connections upon
connection to the 4" force main by another
property owner and that owners connected to
the system be responsible for all related
costs of maintenance.
Requested by: Public Works Director
6.10 AWARD OF CONTRACT TO PROVIDE MITIGATION MONITORING
SERVICES FOR VESTING TENTATIVE TRACT MAP NO. 47850 -
Vesting Tentative Tract Map No. 47850 is scheduled to
commence construction in the near future. In accordance
with the previously certified environmental impact
report, mitigation measures must be monitored for
compliance. Michael Brandman Associates prepared the
environmental documents and is under contract to perform
the monitoring services subject to approval of the City
Council.
Recommended Action: It is recommended that the City
enter into a Consulting Services Agreement with Michael
Brandman Associates for Mitigation Monitoring Services
for Vesting Tentative Tract Map No. 47850 in the amount
of $100,500.
Requested by: Community Development Director
6.11 RESOLUTION NO. 96 -XX: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR AMENDING CERTAIN CONDITIONS OF
APPROVAL FOR VESTING TENTATIVE TRACT MAP NO. 51169 - The
applicant for previously -approved Vesting Tentative Tract
AUGUST 6, 1996 PAGE 6
Map No. 51169 has asked for a waiver of the condition
related to requiring the installation of a reclaimed
water system.
Recommended Action: It is recommended that the City
Council adopt Resolution No. 96 -XX deleting Condition No.
4 from Resolution No. 94-53 requiring the subdivider to
install main and service lines for delivering reclaimed
water.
Requested by: Public Works Director
6.12 RESOLUTION NO. 96 -XX: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR SUPPORTING THE FIRST
CALIFORNIA CONGRESSIONAL LEADERSHIP CONFERENCE.
Recommended Action: It is recommended that the City
Council adopt Resolution No. 96 -XX supporting the First
California Congressional Leadership Conference.
Requested by: Mayor
6.13 RESOLUTION NO. 96 -XX: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR SETTING FORTH PERSONNEL RULES
AND REGULATIONS REGARDING THE PAYMENT OF SALARIES, SICK
LEAVE, VACATIONS, LEAVES OF ABSENCES, AND OTHER
REGULATIONS AND REPEALING RESOLUTIONS 90-45 THROUGH
90-45K - At the July 16, 1996 meeting, Council approved
a 1.6% salary increase (CPI/COLA) and a $50/month
cafeteria benefit increase for employees. The cost of
living increase does not reflect any increase in the
salary amount paid to Council Members or the City
Manager. The budget currently does not reflect the cost
of living or benefit increase. The cost of salary and
cafeteria benefits is estimated to be $42,200.
Recommended Action: It is recommended that the City
Council adopt Resolution No. 96 -XX and repeal Resolutions
No. 90-45 through 90-45K. It is further recommended that
the Council authorize staff to amend the budget
accordingly.
Requested by: City Manager
6.14 RESOLUTION NO. 96 -XX: RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DIAMOND BAR APPROVING AND ACCEPTING
NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUES RESULTING
FROM ANNEXATION NO. 631 TO COUNTY SANITATION DISTRICT NO.
21 AND REPEALING RESOLUTION NO. 96-32 - At the May 21,
1996 meeting, Council adopted Resolution 96-32 accepting
a negotiated exchange of property tax revenue resulting
from Annexation No. 631 to County Sanitation District No.
21. The annexation area is the Tract 47851 housing
development. On July 18, 1996, the City was notified by
the County Sanitation District of a change in the
AUGUST 6, 1996 PAGE 7
language of the tax -sharing Resolutions. The addition
was made by the District and County Chief Administrative
Office in an effort to make the tax -sharing Resolutions
more equitable to all parties involved.
Recommended Action: It is recommended that the City
Council adopt Resolution No. 96 -XX approving and
accepting negotiated exchange of property tax revenues
and repealing Resolution No. 96-32.
Requested by: City Manager
6.15 CONTRACT AMENDMENTS FOR LANDSCAPE MAINTENANCE -
6.15.1 AUTHORIZATION FOR ADDITIONAL WORK BY LANDSCAPE
MAINTENANCE DISTRICT NO. 38 MAINTENANCE
CONTRACTOR ON AN "AS NEEDED" BASIS - On May
21, 1996, Council approved a contract exten-
sion with Mariposa Horticultural Enterprises,
Inc. for maintenance of LAD No. 38 for FY
1996-97 in the amount of $39,129.60. Sections
4 and 23 of the contract specifications states
that additional work, for additional
compensation, may be authorized for repairs
and replacement when the need for such work
arises out of extraordinary incidents such as
vandalism or for improvements in order to add
new or to modify/refurbish existing land-
scaping and irrigation systems. The total
estimated annual cost for the additional work
at LAD No. 38 is $7,500 based on the actual
amount of required additional work during the
past fiscal year.
Recommended Action: It is recommended that
the City Council authorize the City Manager to
approve additional work as needed by Mariposa
Horticultural Enterprises, Inc. for
maintenance of LAD No. 38 in an amount not to
exceed $7,500 for FY 1996-97.
6.15.2 AUTHORIZATION FOR ADDITIONAL WORK BY LANDSCAPE
MAINTENANCE DISTRICT NO. 39 CONTRACTOR ON AN
"AS NEEDED" BASIS - On May 21, 1996, Council
approved a contract extension with Accurate
Landscape & Maintenance Corp. for maintenance
of LAD No. 39 for FY 1996-97 in the amount of
$73,080. Sections 4 and 23 of the contract
specifications states that additional work,
for additional compensation, may be authorized
for repairs and replacement when the need for
such work arises out of extraordinary
incidents such as vandalism or for improve-
ments in order to add new or to modify/
refurbish existing landscaping and irrigation
AUGUST 6, 1996 PAGE 8
systems. The total estimated annual cost for
the additional work at LAD No. 39 is $5,000
based on the actual amount of required
additional work during the past fiscal year.
Recommended Action: It is recommended that
the City Council authorize the City Manager to
approve additional work as needed by Accurate
Landscape & Maintenance Corp. for maintenance
of LAD No. 39 in an amount not to exceed
$5,000 for FY 1996-97.
6.15.3 AUTHORIZATION FOR ADDITIONAL WORK BY LANDSCAPE
MAINTENANCE DISTRICT NO. 41 ON AN "AS NEEDED"
BASIS - On May 21, 1996, Council approved a
contract extension with Mariposa Horticultural
Enterprises, Inc. for maintenance of LAD No.
41 for FY 1996-97 in the amount of $35,400.
Sections 4 and 23 of the contract specifi-
cations state that additional work, for
additional compensation, may be authorized for
repairs and replacement when the need for such
work arises out of extraordinary incidents
such as vandalism or for improvements in order
to add new or to modify/refurbish existing
landscaping and irrigation systems. The total
estimated annual cost for the additional work
at LAD No. 41 is $5,000 based on the actual
amount of required additional work during the
past fiscal year.
Recommended Action: It is recommended that
the City Council authorize the City Manager to
approve additional work as needed by Mariposa
Horticultural Enterprises, Inc. for mainten-
ance of LAD No. 41 in an amount not to exceed
$5,000 for FY 1996-97.
6.15.4 AUTHORIZATION FOR ADDITIONAL WORK BY PARKS
MAINTENANCE CONTRACTOR ON AN "AS NEEDED" BASIS
- On May 21, 1996, Council extended the
contract with Accurate Landscape & Maintenance
Corp. for maintenance of the City's eight
parks for FY 1996-97 in the amount of
$102,600. Section 4 of the specifications of
the contract states that additional work, for
additional compensation, may be authorized for
repairs and replacement when the need for such
work arises out of extraordinary incidents
such as vandalism; or for improvements in
order to add new or to modify/refurbish
existing land-scaping and vegetation systems.
Sections 35.11 and 60.01 of the contract
specifications list the materials that must be
provided by the City for the contractor to
AUGUST 6, 1996 PAGE 9
install at no additional labor cost. During
the normal course of operation of the City's
parks, there will be immediate need for repair
of irrigation systems and other components in
each park. The total estimated annual cost
for the additional work at the parks is
$8,600.
Recommended Action: It is recommended that
the City Council authorize the City Manager to
approve additional work as needed Accurate
Landscape & Maintenance Corp. for maintenance
of the City's eight public parks, in an amount
not to exceed $8,600 for FY 1996-97. It is
further recommended that the City Council
authorize the City Manager to approve the
purchase of paper products for the seven park
restrooms by Accurate Landscape &Maintenance
Corp. in an amount not to exceed $3,400 for FY
1996-97.
Requested by: Community Services Director
6.16 AWARD OF PROFESSIONAL SERVICES AGREEMENT FOR DESIGN OF
PETERSON PARK DRAINAGE, ATHLETIC FIELD LIGHT TO CATHCART/
BEGIN ASSOCIATES- The City's Capital Improvement Program
includes Peterson Park drainage and lighting projects.
The Park has a drainage problem which causes the fields
to be less than ideal for play. When designed, the
Peterson Park Master Plan included athletic field
lighting. However, the lights were not constructed. The
City released a Request for proposals to investigate and
design improvements for drainage and to design athletic
field lighting. Eight proposals were received. After
review of the proposals, interviews and reference checks,
Cathcart/Begin Assoc. is the best qualified firm to
design the plans and specifications.
Recommended Action: It is recommended that the City
Council award the contract for design of plans and
specifications for Peterson Park drainage and athletic
field lighting to Cathcart/Begin Assoc., Inc. in an
amount not to exceed $36,860.
Requested by: City Manager
6.17 BUILDING AND SAFETY CONTRACT SERVICES BUDGET ADJUSTMENT
- The FY 1995-96 budget expenditure estimate for Building
& Safety Contract Services was $200,000. P.O. No. 3270
was issued to D & J Engineering to authorize expenditures
of $200,000. Building & Safety services are based on a
percentage of the building permit and plan checking
revenues. Revenues have exceeded estimates and there
have been hourly rate services performed which have
resulted in approximately $14,100 more in expenditures.
AUGUST 6, 1996 PAGE 10
Recommended Action: It is recommended that the City
Council approve 1) an increase in the expenditure account
for the Building & Safety Contract by $14,100 and 2)
increase P.O. 3279 by $14,100. A11 recommended changes
are attributable to FY 1995-96.
Requested by: City Manager
6.18 MORSHED & ASSOCIATES/EWING GROUP -LEGISLATIVE ADVOCACY
AGREEMENT - On December 19, 1995, Council approved
agreements with Morshed & Associates and the Ewing Group
for legislative advocacy services. At that time, Council
approved an expenditure of $9,500 for said services which
were related primarily to the 1996 State Transportation
Improvement Program (STIP) approval. Morshed & Assoc.
and the Ewing Group have been providing legislative
advocacy services related to legislation of interest to
the City. The 1996 legislative session will continue
through August and possibly September. Consequently, an
additional authorization of monies is required. Morshed
& Assoc. and the Ewing Group are retained at a rate of
$3,000 per month.
Recommended Action: It is recommended that the City
Council authorize an additional $12,000 for legislative
advocacy services for Morshed & Assoc. and The Ewing
Group.
Requested by: City Manager
7. PUBLIC HEARING:
7.1 RESOLUTION NO. 96 -XX: A RESOLUTION OF THE CITY OF
DIAMOND BAR ADOPTING THE LOCAL IMPLEMENTATION REPORT
(LIR) AND CERTIFYING THAT THE CITY OF DIAMOND BAR MEETS
THE CONFORMANCE CRITERIA OF THE 1996 CONGESTION
MANAGEMENT PROGRAM (CMP) - The Congestion Management
Program requires the City to track development activity
and transportation improvements by adopting a Local
Implementation Report. The LIR, which is to be submitted
to the L.A. County Metropolitan Transportation Authority
(LACMTA), ascertains that the City complies with the
conformity criteria of the 1995 CMP. The City, based on
its construction and demolition activities occurring
between June 1, 1995 and May 31 1996, generated 177
debits. These debits were offset by the City's
transportation credit/claims which totaled 66,832 points.
Recommended Action: It is recommended that the City
Council adopt Resolution No. 96 -XX adopting the Local
Implementation Report (LIR) and certifying that the City
meets the conformance criteria of the 1995 Congestion
Management Program (CMP).
Requested by: Public Works Director
AUGUST 6, 1996 PAGE 11
8. OLD BUSINESS:
8.1 DESIGNATION OF COUNCIL MEMBER TO SIGN RESOLUTIONS NOS.
95-21 AND 95-22 (TENTATIVE TRACT MAP NO. 51253-SASAK) -
Council adopted Resolution Nos. 95-21 and 95-22 on May
17, 1995 approving Tentative Tract Map (TTM) No. 51253
(Sasak) for a 21 lot subdivision on 6.7+/- acres. At the
time of adoption, indications of geologic instability was
reported on the Sasak property. The reports of the
geologic situation were significant enough to cause
Council to require the satisfaction of specific
conditions precedent by Sasak, before Resolution Nos.
95-21 and 95-22 would be signed and TTM No. 51253
approved. In order to have the Resolutions signed, it is
necessary for Council to designate a Council Member to
sign the documents. It is suggested that the member
designated be one who was present and voting at the
meeting of May 17, 1995 whereat Resolution Nos. 95-21 and
95-22 were adopted.
Recommended Action: It is recommended that the City
Council designate a member of the City Council to sign
Resolution Nos. 95-21 and 95-22 approving Tentative Tract
Map No. 51253 (Sasak).
Requested by: City Manager
9. NEW BUSINESS:
9.1 ESTABLISHMENT OF A COMMUNITY SERVICES CENTER AT COUNTRY
HILLS TOWNE CENTRE - Establishment of a Community
Services Center at the Country Hills Towne Centre was
discussed during the City's budget process. The proposed
Center, Suite B, would include recreation office space
and drop-in class registration; offices for the Sheriff's
Department which could include the Community Volunteer
patrol, COPS, Special Problems Team, SANE Deputy and
various other Sheriff support services. The Center
includes two classrooms for both the City and Sheriff
sponsored programs. The lease amount would be $1,294.50
per month ($.50/sq. ft.), for a total of $15,534/year.
In addition, there will be common -area expenses at
approximately $0.39/sq. ft. for $1,009.71/mo., for a
total of $12,117/year. In addition, the City would be
responsible for the utilities (electricity and phone)
which is estimated at $2,500/year. Total yearly
expenditures including rent, common area expense and
utilities would be $30,151. A budget adjustment is
required to account for the common area maintenance
charges.
Recommended Action: It is recommended that the City
Council approve establishment of a Community Services
Center at the Country Hills Towne Centre and authorize
the Mayor to execute a two-year license agreement with M
AUGUST 6, 1996 PAGE 12
& H Property Management, Inc.
Requested by: City Manager
9.2 FORMATION OF A CITY/CITY SUB -COMMITTEE BETWEEN CHINO
HILLS AND DIAMOND BAR - The Cities of Chino Hills and
D.B. have issues of mutual interest and concern about
which the Cities should communicate. The Cities share a
common border (D.B.'s east and Chino Hills' western) from
SR60 on the north, to the L.A. County line (D.B.'s SOI),
on the south. Among the issues of concern and interest
shared by the cities are: regional transportation
by-pass corridor, land use/development, traffic impact
mitigation, relations with the City of Industry, open
space/environment.
An effective manner in which to communicate and discuss
these mutual issues and concerns is through a City/City
sub -committee. Representatives of Chino Hills have
indicated an interest in establishing such a
sub -committee. It is necessary to formally communicate
D.B.'s interest to the City of Chino Hills. The
sub -committee would be ad hoc in that it would meet on an
"as needed" basis, as issues or concerns demanded.
Recommended Action: It is recommended that the City
Council establish a City/City sub -committee between the
Cities of Chino Hills and D.B., appoint two Council
Members to serve as D.B.'s representatives on the
sub -committee and direct the Mayor to correspond with
Chino Hills representatives to request their appointment
of two City Council Members to serve on the City/City
Committee.
Requested by: C/Herrera
9.3 RESOLUTION NO. 96 -XX: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR APPROVING THE STATE -LOCAL
MASTER AGREEMENT NO. 07-5455 AND PROGRAM SUPPLEMENT
AGREEMENT NO. M001 FOR GRANT FUNDS FOR THE
REHABILITATION/ RECONSTRUCTION OF DIAMOND BAR BOULEVARD
BETWEEN GRAND AVENUE AND STATE ROUTE 60 - The
Intermodal Surface Transportation Efficiency Act (ISTEA)
of 1991 gives local governments an opportunity to
implement and address various types of transporta-
tion -related programs and concerns. The City has applied
for $1,041,998 of ISTEA funding to rehabilitate/
reconstruct D.B. Blvd. between Grand Ave. and State Route
60. The execution of State -Local Master Agreement
No.07-5455 and Program Supplement Agreement No. M001
between the City and the State is, therefore, part of the
application process for funding requests.
Recommended Action: It is recommended that the City
Council adopt Resolution No. 96 -XX approving the
AUGUST 6, 1996 PAGE 13
State -Local Master Agreement and Program Supplement
Agreement and direct the City Clerk to forward the
original agreements to the State Department of
Transportation for final execution.
Requested by: Public Works Director
RECESS TO REDEVELOPMENT AGENCY MEETING
10. CALL TO ORDER: Chairman Werner
ROLL CALL: Agency Members Ansari, Harmony,
Herrera, vice -Chairman Huff,
Chairman Werner
10.1 PUBLIC COMMENTS:
10.2 CONSENT CALENDAR:
10.2.1 APPROVAL OF MINUTES - Regular Meeting of July
2, 1996 - Approve as submitted.
Requested by: Agency Secretary
10.2.2 APPROVAL OF MINUTES - Regular Meeting of July
16, 1996 - Approve as submitted.
Requested by: Agency Secretary
10.2.3 VOUCHER REGISTER - Approve Voucher Register
dated August 6, 1996 in the amount of
$24,110.98.
Requested by: Executive Director
10.3 AGENCY MEMBER COMMENTS:
10.4 AGENCY SUB -COMMITTEE REPORTS:
REDEVELOPMENT AGENCY ADJOURNMENT:
RECONVENE CITY COUNCIL MEETING:
11. COUNCIL SUB -COMMITTEE REPORTS:
12. COUNCIL COMMENTS: Items raised by individual Council -
members are for Council discussion. Direction may be given at
this meeting or the item may be scheduled for action at a
future meeting.
13. ADJOURNMENT:
CITY OF DIAMOND BAR
NOTICE OF PUBLIC MEETING
AND AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF DIAMOND BAR )
The Diamond Bar City Council will hold a Closed Session at
5:30 p.m. in CC -2 and a Regular Meeting in the AQMD Auditorium,
located at 21865 E. Copley Drive, Diamond Bar, California at 6:30
p.m. on August 6, 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 Closed Session and Regular Meeting of the
Diamond Bar City Council, to be held on August 6, 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 12th day of
July, 1996, at Diamond Bar, California.
/s/ Lynda Burqess
Lynda Burgess, City Clerk
City of Diamond Bar
CITY OF DIAMOND BAR
NOTICE OF PUBLIC MEETING
AND AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES SS.
CITY OF DIAMOND BAR )
The Diamond Bar City Council will hold a Closed Session at
5:30 p.m. in CC -2 and a Regular Meeting in the AQMD Auditorium,
located at 21865 E. Copley Drive, Diamond Bar, California at 6:30
p.m. on August 6, 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 Closed Session and Regular Meeting of the
Diamond Bar City Council, to be held on August 6, 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 12th day of
July, 1996, at Diamond Bar, California.
Lyn Burgess, City Clerk
City of Diamond Bar
Eileen:
Ganesha JROTC will not be in attendance
instead it will be: U.S. Naval Sea Cadets
Ingraham Division
under leadership of Lt. Shelby Gaul
Presenting colors:
Cadet Sheldon Gaul
Cadet Richard Gomez
Cadet Adam Baker
Cadet Yovanny Lainez
Presentations:
Hero: Patrick J. McDonnell will be in attendance, also dad, mom, and neighbors
J.F. Shea Co. - Mr. Jim Shontere will accept on behalf of John Shea, who is out of town.
Nancy
cc: City Manager
City Clerk
E21
TO:
FROM:
ADDRESS:
ORGANIZATION:
VOLUNTARY REQUEST TO ADDRESS THE CITY UNC���
CITY CLERK
AGENDA #/SUBJECT:
Cc t2Olk 0� - QA/L,--,,
DATE: &-->� zwl: t C �; % (6,
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 _
`l
DATE: % ' 6 `qyj
PHONE:(rqq =
I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my
name and address as written above.
��l�r- � ` .y""a^"�� 4� . � J (� _'-'fin Yom✓
`� j Signature\�
2 L
TO:
FROM:
ADDRESS:
ORGANIZATION:
VOLUNTARY REQUEST TO ADDRESS THE CITY UNCIL
CITY CLERK
r
B Q rAl_r DATE:
AGENDA #/SUBJECT:
3 S lc� AV'�e "I PHONE:
V 0 6VI S 0�0_
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 70RESS THE CI COU IL
CITY CLERK
�'C �✓�! t F -S� `� DATE: / G
PHONE:
AGENDA #/SUBJECT:
1
t --
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
ROBERT J. SPITZ
Attorney at Law
Pa: (,
3�
" ft ran s i_
l
fax: I� i -- 311 --
from: ov "
date: -741
re: firo (4 /71a % �7
pages: l Cover sheet +
NOTES:
-(�:'1h
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337 N. Vineyard Avenue, Fourth Floor, Ona io, CA 91764 (909) 395-8318
t i I :+I1►: 9-1 l
U.S. Congress established National Parente' Day in i 941. It is celebrated on the fourth Sunday of every July
Mr. Nong vilpraaieb If you are interested in observing National Parents' Day, please contact me
Montebe)IoMosetnead so that I can provide you with any further assistance that is available.
°! 1WMAM �pfO�aO" Yours truly,
Mr. Mark AfaWder
Mrs. Blanca Aalmlpiano
Mrs. Be/dl keds
Robert J. Spitz
"To recognize Parents' Day through proclamations, activities and educational efforts in furtherance of recognizing.
uplifting, and supporting the role of parents in the rearing of their children"
337 N. Vineyard Avenue, Fourth floor, Ontario. CA 91764 (909) 395-8318
July 8, 1996
Co-ChI&Men:
(partial listing)
rron. Waltertauntroy
Mayor of Diamond Bar
Dr. Robert G. Grant
Dr. D.lamtssKennedy
Diamond Bar, California
Dr. A aWh lowetf
NO^ Bob Won
Dear Mayor of Diamond Bar,
SoRdviva" Bond...'t`.
America's newest annual day of commemoration, National Parents' Day was
signed into law by President Clinton on October 14, 1994 following the unanimous
Mr Marcos nwps
South Gate Mayor
adoption by the United States House of Representatives and the United States Sensate
Mr RonaldA George
South Gate Chief
and the endorsement of 39 state Governors. I am the Inland Empire Coordinator for
Of police
the National Parents' Day celebration on the weekend of Sunday, July 28, 1996.
Mr KOM MCC 07
Dr. Robert G. Grant, Chairman of the National Parents' Day Coalition says
Area CoorMmors
that "the purpose of this day is to re -enforce the importance of the role of parents in
Irl soh
raising healthy children. Kids are in trouble because families are in trouble. "
Inland Empire
National Parents' Day offers you sued the good people of your community an
Mr. Godwin DWOn
opportunity each year to do something very positive and creative in re -enforcing
Los Angeles County
strong families and encouraging responsible parenting. The alarming statistics of our
Mm PAT,otnpsq,
youth at risk compel us to focus in on families and reinforce family values on this
Orange County
National Parents' Day.
Mr. DhfllpMcCracken
Here are a few ideas for you to consider doing in your city:
Long Beach
I. Invite local clergy to a breakfast meeting with other community leaders. Have
Mr. CurtlsNord"
a speaker and group discussion on ways to strengthen the family and the role
Torrance
of parents in stemmiat the many problems of our youth.
,(is Susan fanner
II. Set up a committee of local leaders to select a group of "Parents of the Year"
Mid Chits
from your community. Special National Patents' Day certificates are
Mr lackAshworth
available for you to present to these model parents.
ffeach cities
III. You can issue a proclamation and a press release regarding your observation
Mc Rfchardlaswlck
of July 28, 1996 in your city.
San Gabriel valley
IV. Send letters to all local clergy and religious leaders, encouraging thenal to
redpottath
reflect on the role of parents in their respective services.
So. Pasadena
Mr. Nong vilpraaieb If you are interested in observing National Parents' Day, please contact me
Montebe)IoMosetnead so that I can provide you with any further assistance that is available.
°! 1WMAM �pfO�aO" Yours truly,
Mr. Mark AfaWder
Mrs. Blanca Aalmlpiano
Mrs. Be/dl keds
Robert J. Spitz
"To recognize Parents' Day through proclamations, activities and educational efforts in furtherance of recognizing.
uplifting, and supporting the role of parents in the rearing of their children"
337 N. Vineyard Avenue, Fourth floor, Ontario. CA 91764 (909) 395-8318
K_J% L�I�IA?r'It�N
WHEREAS, parents fulfill a vital role in our society and are
central to ensuring that their children are raised responsibly through
the leadership and guidance that they provide; and
WHEREAS, parents must nurture, encourage, teach and
discipline their children, offer limitless love, support, compassion and
understanding and be role -models that their children can emulate as
they mature and become parents themselves; and
WHEREAS, those who choose to become parents have the
obligation to give their utmost devotion to those children, thereby
creating a family, a home and a bond of trust upon which all of society
draws its strength and stability; and
WHEREAS, parents must balance the responsibilities toward
their family with the challenges of work, school and community, never
forgetting the critical place they hold in the lives of their children; and
WHEREAS, parents turn houses into homes by providing a
family environment that is enriching and supportive - one that helps
their children grow up to be productive, responsible and caring adults
and citizens of our community; and
WHEREAS, Congress and the President of the United States
have unanimously agreed to set aside the fourth Sunday of July each
year as National Parents' Day for the purpose of focusing attention on
the vital task of effective parenting;
NOW, THEREFORE, the City Council for the City of Fontana
does hereby proclaim July 28, 1996 as National Parents' Day in
Fontana and encourages all citizens of Fontana to join in recognizing
the importance of responsible parenting in creating a healthy
community and society.
"NATIONAL PARENTS' DAY"
JULY 28, 1996
iWHNRKW, parents fulfill a vital role in our society and are
central to ensuring that their children are raised responsibly
through the leadership and guidance that they provide; and
WHAREAS, parents cost nurture, encourage, teach and discipline
their children, offer Iimitless love, support, compassion and
understanding and be role models that their children can emulate as
they mature and become parents themselves; and
IM,
;11 1 i i' t�1l1: �� �' 1i 111 f l
Pubffe scboW Proo ma
Mr wt/rraM-Vwr Yours truly,
Mr. MarkAkrandcr
Mrs.11knca Admipi'ano
Mrs: Realsede
L
Robert J. Spitz
"To recognize Parents' Day through proclamations, acts and educational efforts in furtherance of recognizing.
uplifting, and supporting the role of parents in the rearing of their children"
337 N. Vineyard Avenue. Fourth Ploor, Ontario, CA 91764 (909) 395-8318
U.S. Conaress established National Parents' Doi In 19%. It is celebr■-4 on the fourth S-2 of every July,
July 8, 1996 ) > � f l
co-Cati n
l li)
(partial lsting}
(�� Lj /J y
tion. WaherFountroy
Mayor of Diamond Bar u`
& Roberto. tram
Dr. D. fames Kennedy
Diamond Bar, California
Dr Ameph Lowery
Hon. Dob tri/son
Dear Mayor of Diamond Bar,
Soutbem California
Aavim" Boars,
America's Newest annual day of commemoration, National Parents' Day was
signed into law by President Clinton on October 14, 1994 following the unanimous
Mr. Marcos Veen
South Gate Mayor
adoption by the United States House of Representatives and the United States Senate
Mr. RonSouthdfP George
South bate Chid
and the endorsement of 39 state Governors. I am the Inland Empire Coordinator for
''""k'•
of Police
the National Parents' Day celebration on the weekend of Sunday, July 28, 1996.
Mr. r 4foMCCerrAy
Dr. Robert G. Grant, Chairman of the National Parents' Day Coalition says
Area Cowdltfattors
that "the purpose of this day is to re -enforce the importance of the role of parents in
Raberr1 -,;t.*z
raising healthy children. Kids are in trouble because families are in trouble."
Inland Empire
National Parents' Day offers you and the good people of your community an
Mr atidwib D'Wva
opportunity each year to do something very positive and creative in re -enforcing
Los Angeks County
strong families and encouraging responsible parenting. The alarming statistics of our
Mrs. ,Ere Thompson
youth at risk compel us to focus in on families and reinforce family values on this
Orange County
National Parents' Day.
Mr. phdipA(ccrae-ken
Here are a few ideas for you to consider doing in your city:
Long Bead'
I _ Invite local clergy to a breakfast meeting with other community leaders. Have
Mr. CurrlsMarrin
a speaker and group discussion on ways to strengtben the family and the role
Torrance
of parents in stemming the (many problems of our youth.
M susen tanner
II. Set up a committee of local leaders to select a group of "Parents of the Year"
Mid Cities
from your community. Special National Parents' Day certificates are
Mr IackAsh ivorrh
available for you to present to these model parents.
beach Cities
III. You can issue a proclamation and a press release regarding your observation
Mr. Richard loswlck
of July 28, 1996 in your city.
San Gabriel Valley
IV . Send letters to all local clergy and religious leaders, encouraging them to
A& TedPodbath
reflect on the role of parents in their respective services.
So. Pasadena
Mr. fiongN/tpredsb
If you are interested in observing National Parents' Day, please contact me
Montebello/Rosemead
so that I can provide you with any further assistance that is available.
Pubffe scboW Proo ma
Mr wt/rraM-Vwr Yours truly,
Mr. MarkAkrandcr
Mrs.11knca Admipi'ano
Mrs: Realsede
L
Robert J. Spitz
"To recognize Parents' Day through proclamations, acts and educational efforts in furtherance of recognizing.
uplifting, and supporting the role of parents in the rearing of their children"
337 N. Vineyard Avenue. Fourth Ploor, Ontario, CA 91764 (909) 395-8318
I"ROCLAMA7ION
WHEREAS, parents fulfill a vital role in our society and are
central to ensuring that their children are raised responsibly through
the leadership and guidance that they provide; and
WHEREAS, parents must nurture, encourage, teach and
discipline their children, offer limitless love, support, compassion and
understanding and be role -models that their children can emulate as
they mature and become parents themselves; and
WHEREAS, those `'who choose to become parents have the
obligation to give their utmost devotion to those children, thereby
creating a family, a home and a bond of trust upon which all of society
draws its strength and stability; and
WHEREAS, parents must balance the responsibilities toward
their family with the challenges of work, school and community, never
forgetting the critical place they hold in the lives of their children; and
WHEREAS, parents turn houses into homes by providing a
family environment that is enriching and supportive - one that helps
their children grow up to be productive, responsible and caring adults
and citizens of our community; and
WHEREAS, Congress and the President of the United States
have unanimously agreed to set aside the fourth Sunday of July each
year as National Parents' Day for the purpose of focusing attention on
the vital task of effective parenting;
NOW, THEREFORE, the City Council for the City of Fontana
does hereby proclaim July 28, 1996 as National Parents' Day in
Fontana and encourages all citizens of Fontana to join in recognizing
the importance of responsible parenting in creating a healthy
community and society.
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MINUTES OF THE CITY WUNGIL
JULY 2, 1996 WORK SESSION
CALL TO ORDER: Mayor Ansari called the Work Session to order
at 5:45 p.m. in the SCAQMD Auditorium, 21865 E. Copley Drive, Diamond Bar,
California.
1.1 DISCUSSION REGARDING PROPOSAL BY FRIENDS OF THE LIBRARY -
CM/Belanger explained that the Friends of the Library proposed that the City jointly
participate in funding a portion of the Diamond Bar Library branch facility
refurbishment. Staff requested that the L.A. County Library provide a wish list to the
City indicating items the County believes are essential to the refurbishment. In the
current fiscal year, the City's Library Services fund consists of $88,000 in
unallocated funds. He recommended that Council consider an allocation of
$20,000 from the current Library Services fund to engage in a refurbishing project
to be determined through discussion with the Friends of the Library, D.B. Library
staff and City staff to determine project parameters to meet immediate interior
needs for the Library.
M/Ansari stated that Mrs. New, Friends of the Library President, indicated that
Michael MacClintock, L.A. County Library, told her it was not necessary for the
Friends of the Library to assist with refurbishment of the D.B. facility. In her
opinion, the items and prices contained in the "wish list" are outrageous.
C/Herrera favored City participation in the refurbishment of the facility; however,
she would like to have the City evaluate the condition of the building to determine
the state of deterioration to determine if another location would be advisable.
C/Werner agreed with C/Herrera. He asked why L.A. County is not maintaining its
own building and if the proposed improvements are a result of lack of normal
maintenance.
CM/Belanger responded that there may be some deferred maintenance due to
reduction of funds for counties.
C/Werner was opposed to using City funds for maintaining county facilities which
may include the D.B. Golf Course.
M/Ansari had no problem assisting private citizens with funding for projects such as
the library computer project; however, she had difficulty with the "wish list" when the
City is asked to provide funds to cover deferred maintenance. She proposed
sending a letter to the County Library asking why the D.B. facility had not been
maintained, and further requesting an accounting of D.B. allocated property tax
assessment maintenance funds for Library Services. She suggested putting the
Friends of the Library request on hold pending further information.
MPT/Huff approved of City funding for Library refurbishing; however, L.A. County
has an obligation to maintain its facilities. He agreed that the City should pursue
investigation of the prior use of D.B. property tax funds by the County with respect
to facility maintenance but he did not want to unnecessarily delay the refurbishment
JULY 2, 1996 PAGE 2
process.
C/Harmony supported WAnsari's suggestion to request information regarding prior
use of D.B. property tax funds. He believed the City should be involved in the
refurbishment bid process and oversee the work through completion and favored
proceeding to assist the Friends of the Library in a timely manner.
CWBelanger explained that under current legislation, in the event the City agreed
to assume maintenance of the D.B. Library, the facility would be transferred to the
City without additional cost.
C/Werner suggested that if the City were to participate in funding any portion of
capital improvement to the D.B. Library facility, the City should enter into an
agreement that the amount contributed by the City toward the capital improvement
would be deducted from the purchase price.
CM/Belanger stated that in the event the City builds a Library and sells the Library
to the County, the City would require the County to continue operation with services
at a certain minimum level. If the County ceased providing a minimum level of
service, the building would revert back to the City.
1.2 DISCUSSION OF PROPOSED STAFF SALARY INCREASE - CM/Belanger
explained the total cost for the 3 1/2% proposed cost of living increase for City
employees plus $50/month in cafeteria benefit increase would be $67,645. He
further explained that compounded cost of living increase percentages since City
incorporation amount to 16.4%. Cost of living increases in the survey cities indicate
a 24.8% increase. Therefore, an eight percent (8%) disparity currently exists for the
City of D.B.. The CPI change has been 1.7% for each of the past two fiscal years
in Los Angeles/Long Beach SMSA.
C/Harmony stated he was told by All Rumpilla that persons on disability received a
2 1/2% cost of living adjustment and now contribute a $40 or $50 deductible toward
medical costs.
CM/Belanger responded to C/Harmony that the Federal and State Government
entitlement process is based upon regional or national figures and differs from City
entitlements which are based on local areas. D.B. compares only in the greater Los
Angeles area in which staffs cost of living occurs.
MPT/Huff favored the City adequately compensating staff by maintaining a
competitive stature. He suggested that use of the CPI may be misleading. He
would prefer to have the City first discuss reorganization and reclassification of
employees and services and base salary increases on performance-based merit
rather than cost of living adjustments. He suggested a 1.7% cost of living increase
and budget $25,000 for incentive disbursements at the discretion of the City
JULY 2, 1996 PAGE 3
Manager.
M/Ansari disagreed with MPT/Huff in that staff consistently works overtime and are
present at weekend and evening meetings and special events. In her opinion,
incentive increases should be granted employees in addition to an annual cost of
living increase.
C/Herrera agreed with M/Ansari that the City should give annual cost of living
increases. When reorganization is complete, certain salaries may change. The
reorganization and implementation process may take several months to complete.
In the meantime, staff should be granted a cost of living increase immediately.
MPT/Huff reiterated that he was in favor of a cost of living increase which is equal
to the COL.
CM/Belanger explained that staff is recommending a 3.5% cost of living increase
to compensate for inequity in the cost of living increases during the time period the
City has existed. The City has not maintained pace with the CPI over the past eight
years.
CM/Belanger responded to C/Herrera that staff is not aware of the cost of living
increases being considered by surrounding cities.
C/Herrera reiterated that by requesting a 3.5% cost of living increase, the City is
playing "catch-up" with the CPI. A 1.7% cost of living increase will fail to bring the
City in line with the CPI. In her opinion, this would place the City in jeopardy of
retaining competent staff.
MPT/Huff responded that employee compensation is important but that this is an
era of fiscal restraint and caution should be exercised.
C/Werner reported that the Inland Valley Bulletin indicated that he would be voting
in favor of a 3.5% cost of living increase but that he had made no such commitment
to the reporter. Therefore, due to irresponsible reporting, he felt his objectivity had
been hampered and chose to remain silent on the issue. He indicated he may
request a motion to continue the item.
Bob Arceo, 1106 #D S. Cleghorn Dr., felt that some of the remarks regarding the
speed with which various staff members work is discriminatory and a cost of living
increase should be granted all City employees.
M/Ansari adjourned the workshop at 6:35 p.m.
2.
3.
Of -,
MINUTES OF THE CITY COUNCIL < 1P
REGULAR MEETING OF THE CITY OF DIAMOND BAR
JULY 2, 1996
CALL TO ORDER: Mayor Ansari called the meeting to order at 6:54
p.m. in the SCAQMD Auditorium, 21865 E. Copley Drive, Diamond Bar, California.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Don Schad.
ROLL CALL: Council Members Harmony, Herrera, Werner,
Mayor Pro Tem Huff, 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.
SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
2.1 Presented Certificate of Recognition to the San Gabriel/Pomona Regional
Center upon celebrating its 10th Anniversary in providing continuous service
to persons with developmental disabilities.
PUBLIC COMMENTS: Dr. Lawrence Rhodes suggested changing the
Council agenda to have Council Comments immediately following Public
Comments.
Robert Arceo referred to the June 30, 1996 Daily Bulletin newspaper article which
quoted MPT/Huff as stating he wants a Senior Citizen center to be centrally located
in the community. He disagreed with MPT/Huff.
MPT/Huff responded to Mr. Arceo that he did not make the statement as it was
quoted.
Mr. Arceo requested Council attendance at the Heritage Park Senior Citizen's
meetings. He stated that, in his opinion, the facility is too small to accommodate the
group. He complained about the amount of a.m. peak hour Chino Hills traffic and
the lack of enforcement in the Grand Ave./D.B. Blvd. area.
Red Calkins spoke about the June 26, 1996 Three Valleys Water District meeting
and asked why Council members and staff did not attend.
Tom Ortiz asked Council to state their opinions regarding the proposed standby
water charge.
M/Ansari responded to Mr. Ortiz that Senate Bill #900 is available to the public.
JULY 2, 1996 PAGE 2
Millard Burke, Harmony Hill, did not understand why so many stop signs are
needed in his neighborhood.
In response to Mr. Ortiz, CM/Belanger stated that the monthly Treasurer's Report
recaps cash on hand. The Traffic Mitigation fund indicates a zero balance because
the funds have been expended for the San Bernardino County/City agreement for
the Grand Ave. opening. Funds were allocated for the Chino Hills Parkway
completion, Chino Avenue completion. The San Bernardino County contribution to
the City of $1.2 million had been a funding source for a variety of roadway
improvement projects and traffic signalization projects since 1989. The zero
balance line item will be removed at the end of the fiscal year. He further stated the
$300,000 one time only Traffic Mitigation Fund contributed by Copley was
expended for the Golden Springs Dr. improvements between Grand Ave. and Brea
Canyon Rd. Street lights are provided by a special district administered by L.A.
County. In response to Mr Ortiz' question regarding the Volunteer Patrol's vehicle
mileage and fuel consumption, he stated that he will look into the matter and notify
Mr. Ortiz.
C/Werner stated the Volunteer Patrol vehicles utilize alternative fuel.
4. SCHEDULE OF FUTURE EVENTS:
4.1 CONCERT IN THE PARK - Norm Major Orchestra (Patriotic) - July 3, 1996 -
6:30 p.m. to 8:00 p.m., Sycamore Canyon Park, 22930 Golden Springs Dr.
4.2 JULY 4 HOLIDAY - City offices closed on July 4, 1996 and reopen on Friday,
July 5, 1996.
4.3 PLANNING COMMISSION - July 8, 1996 - 7:00 p.m., SCAQMD Auditorium,
21865 E. Copley Dr.
4.4 CONCERT IN THE PARK - Dixie Kings (Dixieland) - July 10, 1996 - 6:30
p.m. to 8:00 p.m., Sycamore Canyon Park, 22930 Golden Springs Dr.
4.5 TRAFFIC & TRANSPORTATION COMMISSION - July 11, 1996 - 7:00 p.m.,
SCAQMD Board Hearing Room, 21865 E. Copley Dr.
4.6 CITY COUNCIL MEETING - July 16, 1996 - 6:30 p.m., SCAQMD Auditorium,
21865 E. Copley Dr.
5. CONSENT CALENDAR: C/Herrera moved, C/Werner seconded, to approve the
Consent Calendar with the exception of Items 5.5, 5.7 and 5.9. 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
5.1 APPROVED VOUCHER REGISTER - dated July 2, 1996 in the amount of
$507,840.66.
J U LY 2, 1996 PAGE 3
5.2 RECEIVED & FILED TREASURER'S REPORT - for May, 1996.
5.3 REJECTED CLAIM FOR INDEMNIFICATION, APPORTIONMENT AND
DECLARATORY RELIEF - Filed June 3, 1996 by Clasina Lohr Courture and
referred the matter for further action to Carl Warren & Co., the City's Risk
Manager.
5.4 ADOPTED RESOLUTION NO. 96-49: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE
INSTALLATION OF MULTI -WAY STOP SIGNS AT THE INTERSECTIONS
OF BREA CANYON ROAD/COOL SPRINGS DRIVE AND FOUNTAIN
SPRINGS ROAD/SUNBRIGHT DRIVE.
5.6 APPROVED RENEWAL OF CROSSING GUARD SERVICES CONTRACT
FOR SCHOOL YEAR 1996-1997 - with All City Management Services, Inc.,
in an amount not to exceed $66,000 (hourly rate of $9.52).
5.8 APPROVED SUPPLEMENT NO. 5 TO AGREEMENT FOR ANIMAL
CONTROL SERVICES - with the Humane Society of Pomona Valley in the
amount of $59,510 commencing July 1, 1996 through and including June 30,
1997, and authorized the Mayor to execute the Supplement.
MATTERS WITHDRAWN FROM CONSENT CALENDAR:
5.5 AMENDMENT NO. 4 TO LEASE AGREEMENT DATED AUGUST 18, 1989,
AMENDED FEBRUARY 18, 1994, JULY 8, 1994 AND AUGUST 1, 1995 BY
AND BETWEEN DIAMOND BAR BUSINESS ASSOCIATES, A CALIFORNIA
GENERAL PARTNERSHIP (LESSOR), AND THE CITY OF DIAMOND BAR
(LESSEE) FOR SPACE LOCATED AT 21660 E. COPLEY DRIVE, SUITES
100 AND 190, DIAMOND BAR, CALIFORNIA, CONSISTING OF
APPROXIMATELY 3,854 RENTABLE SQUARE FEET AMENDED TO 7,025
RENTABLE SQUARE FEET - C/Harmony moved, MPT/Huff seconded to
approve a one year lease for Suites 100 and 190, at 21660 E. Copley Drive
in the amount of $154,710 and direct staff to continue to pursue the
purchase of a building for City Hall offices when the opportunity to do so
occurs. 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
5.7 LETTER OF AGREEMENT WITH CITY OF BREA TO PROVIDE FOR
RECREATION SERVICES FOR FISCAL YEAR 1996-1997 - C/Herrera
moved, C/Werner seconded, to approve Letter of Agreement with City of
J U LY 2, 1996 PAGE 4
Brea to provide for Recreation Services for Fiscal Year 1996-1997 with
projected expenditures of $380,995 and projected revenues of $249,410 and
authorize the Mayor to sign the letter of agreement. With the following Roll
Call vote, motion carried:
AYES: COUNCIL MEMBERS - Harmony, Herrera, Werner,
M/Ansari
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - MPT/Huff
(MPT/Huff was out of the room during this vote)
5.9 RESOLUTION NO. 96-50: A RESOLUTION OF THE CITY OF DIAMOND
BAR CONDITIONALLY SUPPORTING TENTATIVE WASTE DISCHARGE
ORDER NO. 96-49, RE -ISSUING MUNICIPAL NPDES PERMIT CAS614001
- CA/Jenkins read the staff report into the record.
M/Ansari moved, MPT/Huff seconded to adopt Resolution No. 96-50. Motion
carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Harmony, Herrera, Werner, MPT/Huff,
M/Ansari
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
6. PUBLIC HEARINGS:
6.1 INTENDED SALE OF PUBLIC PROPERTY LOCATED ALONG THE WEST
SIDE OF BREA CANYON ROAD - CM/Belanger stated that on June 19,
1996, Council adopted a Resolution of Intention declaring its intent to
dispose of approximately 6.5 acres of public property Located along the west
side of Brea Canyon Rd. between Pathfinder Rd. and Via Sorella. The
property includes the former Walnut Valley Water District reservoir site and
the adjacent excess street right-of-way. In accordance with the Government
Code, a Public Hearing was established for hearing protests to the intended
sale. He recommended that Council 1) declare the property surplus; 2)
approve the sale of public property; 3) direct the City Manager to notice
public agencies and, if no offer is received within 60 days, negotiate with
private parties; and 4) place the proceeds of the sale in a parks and
recreational facilities development fund.
C/Harmony stated that Council previously discussed the possibility of this
property being used for park and recreation activities in place of Larkstone
Park. He further stated his understanding that the Walnut Valley Water
District was purchased by the City for recreation purposes.
JULY 2, 1996 PAGE 5
M/Ansari recalled that the purpose for the purchase of this property would
be determined at a future date. Larkstone Park is currently under
consideration. Parcels 92 and 93 were never proposed to be a park site. In
her opinion, the parcels could serve to accommodate the Senior Citizens
Group. However, the roadway between the two parcels may prohibit such
a use. She was not in favor of the City giving up property and if it is sold,
she would like the proceeds placed in a parks and recreation fund for future
property purchase.
C/Werner stated the Walnut Valley School District made a commitment to
the City to provide the land for Larkstone Park. It is time for the school
district to fulfill its commitment. He indicated that Parcels 92 and 93 do not
serve the public purpose or needs identified by the City. Quimby funds will
be forthcoming from the developer to assist in improvement of the property
provided by the school district. In addition, the school facilities, by prior
arrangement with the school district, will have a ball field available to the
public.
In response to MPT/Huff, CM/Belanger stated that the property being offered
for sale is the four acre site along with the right-of-way. The Tentative Map
requires those properties to be exchanged and/or sold in order to proceed
with a Final Map. The Final Map would transmute the properties into Lots
92 and 93. He reiterated a park was never designated for this area but that
three acres of property were dedicated for Larkstone Park nearby. Before
a park could be developed, an agreement was reached between L.A. County
and WVUSD to build the temporary South Pointe Middle School on the site.
The dedicated Larkstone Park site was hillside land.
MPT/Huff suggested the City consider, as part of the Parks Master Plan,
creating Larkstone Park in the canyon bottom as a passive park area.
C/Harmony expressed concern that the monies realized from the sale of Lots
92 and 93 would purchase fewer acres.
M/Ansari reiterated that WVUSD is cognizant of their obligation to provide
three acres of parkland to the City. Citizens are concerned that if the
property is sold, the City will not be able to purchase comparable acreage
with the proceeds of the sale.
M/Ansari opened the Public Hearing.
Don Schad asked the City not to sell the property, and extend the natural
corridor by keeping the hillside intact. He discussed the flora and fauna in
Sandstone Canyon and suggested a joint venture between WVUSD, City
Council, the Parks & Recreation Department and the Tanner Canyon
Wilderness Conservancy to protect the area.
JULY 2, 1996 PAGE 6
Rial Flesher, Larkstone Dr., felt that the right thing would be for the City to
sell the property to Arciero. He referred to the citizen's group and
homeowners association that caused the school district to purchase the
property and cost taxpayers unnecessary dollars. He indicated he would like
to see the school district get out of the building business, complete the
school project, allow Arciero to develop his land, build the road from Brea
Canyon Rd. to South Pointe Middle School and end the Larkstone Dr.
debacle.
Annette Finnerty, Silver Hawk, Vice Chairman of the Parks & Recreation
Commission. She indicated that the Commission requested she speak to
Council regarding the Commission's June 27 meeting during which
Commissioners were presented with a newspaper article regarding the sale
of the property. By a unanimous vote, the item was placed on the
Commission agenda for discussion. Following discussion, the Commission
voted 5-0 to recommend to Council that the land be swapped and not sold.
In her opinion, only half of the information needed to reach an informed
decision was provided to the Commission_ If she was voting today, she
would vote to recommend the City sell the property and place the funds in
a Parks & Recreation Facilities Development Fund.
In response to C/Werner, Ms. Finnerty explained that the vote by the Parks
& Recreations Commission was to recommend the property be swapped.
She indicated that Chairman Tye presented photocopies of a June 27, 1996
Daily Bulletin article to the Commission which referred to the pending sale
of the property. There was no additional public input to the Commission
regarding the item. She felt that if she had been provided adequate
information to reach a conclusion regarding the matter, she would have
voted to recommend that the City sell the property.
Anne Flesher, 20647 Larkstone Dr., supported the sale of the property to Mr.
Arciero and indicated that, in her opinion, passage of the City's General Plan
should have sent the message that the silent majority is comfortable with the
City's direction. She felt strongly that the City should allow Mr. Arciero to
develop his property. Neighborhood residents are not requesting an active
park in the area but would like to have a second access road to the school
property.
Art Fritz, Larkstone Dr., reiterated that the neighborhood suffers from the
South Point Middle School traffic and the residents would welcome a second
access road to accommodate the facility. To indicate the property proposed
for sale by the City is suitable for a park is, in his opinion, to misstate the
potential uses for the property. If the City can realize a healthy profit from
the sale of this property, it should proceed with the sale and earmark the
proceeds for parks and recreational facilities development.
Oscar Law asked the City to persuade Mr. Arciero to consider preserving the
JULY 2, 1996 PAGE 7
"Columbus" tree and the "Lewis and Clark" wildflower located on the
property.
M/Ansari indicated to Mr. Law that Mr. Arciero agreed to attempt to preserve
the "Columbus" tree.
C/Wemer suggested that Mr. Law consider that the 500 year old "Columbus"
oak tree may be too old to preserve based upon Mr. Schad's statement that
it takes 400 years for an oak tree to mature and 100 years for an oak tree to
die. He suggested that Mr. Arciero consider donating the tree remains in
bulk for preservation if the Columbus" tree cannot be spared. Further, he
suggested that Mr. Arciero consider permitting mr. Schad to replant the
wildflower bulb in question.
Mr. Law stated that if he had been presented with all of the facts regarding
the pending property sale at the June 27 Parks & Recreation Commission
meeting, he would not have voted in favor of a land swap for the property.
Dr. Lawrence Rhodes suggested that if the property is sold, the proceeds of
the sale should be placed in trust and held for park purchase only.
Debby O'Connor stated that as a Parks & Recreation Commissioner, for the
record, if the Commission had been provided full disclosure, she would have
voted to recommend selling the property.
Steve Tye, Chairman of the Parks & Recreation Commission, stated that
contrary to C/Werner's statement, he was not instructed by C/Harmony to
place the sale of property item on the Parks & Recreation Commission
agenda. He indicated it does not serve the City to hold useless parcels and
the property in question should be sold with the proceeds dedicated to the
purchase of parks and park facilities. He further stated that he alone
requested the pending sale of property item be placed on the June 27 Parks
& Recreation Commission agenda.
There being no further testimony offered, M/Ansari closed the Public
Hearing.
In response to C/Harmony, CA/Jenkins stated that there are no penalties for
release of information from closed sessions. It is advisable to retain
confidentiality of confidential information to avoid potential compromise to
released information.
C/Harmony suggested that the sale proceeds from Lots 92 and 93 be
retained for use in Area A.
M/Ansari stated that L.A. County placed map and deed restrictions on
certain properties which prevented the development of parks. She reiterated
JULY 2, 1996 PAGE 8
that the sale proceeds should be placed in a parks and recreational facility
fund. She further stated she was concerned that the City will not be able to
purchase comparable property using the proceeds gained from the sale of
this property.
CM/Belanger stated the City still owns undeveloped park land. The City is
likely to receive, through the entitlement process, open space and park
lands. He referred Council to Page 1-17 of the General Plan which earmarks
approximately 500 acres for open space and park lands. The Plan
mandates that upon the development of designated properties, 75% of the
land holdings will revert to the City as dedicated open space.
C/Herrera reiterated that the City has the potential to acquire approximately
350 acres of park land and open space at no cost. Council members are
elected to serve the community at large and not special interest groups or
areas. She stated that selling Lots 92 and 93 and using the sale proceeds
for construction of a multi-purpose facility in a central location of the
community is, in her opinion, the most effective decision. WVUSD made a
commitment to donate 3.8 acres to the City and the District will abide by the
commitment. The prolonged discussion concerns the most suitable location.
C/Herrera moved, MPT/Huff seconded to 1) declare the property surplus; 2)
approve the sale of public property; 3) direct the City Manager to notice
public agencies and, if no offer is received within 60 days, negotiate with
private parties and 4) place the proceeds of the sale in a parks and
recreational facilities development fund.
C/Werner stated that the City purchased the property in 1992. He referred
to the June 30, 1992 Council Minutes which indicated that purchase of the
property in question was approved by a vote of 4-0 with Council member
Papen being absent. The Minutes further indicated that CM/Belanger
responded to a citizen that "At the present time there are no plans for the
property." No other statements or commitments regarding use of the
property are recorded in the Minutes.
In response to C/Werner, CM/Belanger stated that the Daily Bulletin
reported that the two parcels were last appraised at $1.3 million according
to the City. The article is incorrect and there is no reference to an offer. An
appraisal was completed, the dollar amount of which has not been divulged.
C/Werner requested that the final document clearly identify all issues.
Further, he pointed out that there are no Council districts in D.B. and the
Council represents the entire City. Since Incorporation, Peterson Park has
been completed at a cost of approximately $300,000 and the 23 acre
Pantera Park is under construction at a proposed cost of $2 million.
MPT/Huff stated that the fate of Sandstone Canyon is a moot point and is not
JULY 2, 1996 PAGE 9
under consideration at this time. He further stated he finds it ironic that
when C/Harmony initially questioned whether the City could justify the
purchase of the property, he would now question the sale of the property.
General fund monies were used for the property purchase. He indicated that
in his opinion, it is most appropriate for the Parks & Recreation Commission
to consider the best location for parks and park facilities. He referred to
C/Harmony's comparison of property values wherein C/Harmony compared
the value of commercial property to the value of the City owned raw land.
He stated that due to the anticipated revenue shortfall, the City may acquire
property at no cost and lack the funds for development. In his opinion, the
wise and prudent fiscal approach is to set aside funds for future development
in accordance with the Parks Master Plan.
On the motion made earlier by C/Herrera, seconded by MPT/Huff, the
following Roll Call vote was taken:
AYES: COUNCIL MEMBERS - Herrera, Werner, MPT/Huff, M/Ansari
NOES: COUNCIL MEMBERS - Harmony
ABSENT: COUNCIL MEMBERS - None
WAnsari suggested that a Town Hall Meeting be held as soon as possible
between the Parks & Recreation Commission and Council to discuss the
Parks Master Plan.
7. OLD BUSINESS:
7.2 REQUEST FROM DIAMOND BAR CHAMBER OF COMMERCE FOR CITY
FUNDING - CM/Belanger stated that the Chamber of Commerce submitted
a proposed Memorandum of Understanding (MOU) setting forth a proposal
for provision of services, projects and other activities by which the Chamber
would provide services for and on behalf of the City in exchange for funding
in the amount of $52,450.
Art O'Daly, D.B. Chamber of Commerce, stated that he had not been
designated to represent the Chamber but it was his understanding that the
Chamber would like to have the item continued to July 16, 1996. Without
objection, Council concurred.
8. NEW BUSINESS: None
RECESS: M/Ansari recessed the meeting at 10:25 p.m.
9. DIAMOND BAR REDEVELOPMENT AGENCY MEETING (Minutes produced
separately)
RECONVENE: M/Ansari reconvened the City Council meeting at 10:35 p.m.
JULY 2, 1996 PAGE 10
7. OLD BUSINESS: (Continued)
7.1 RESOLUTION NO. 96-51: A RESOLUTION OF THE CITY OF DIAMOND
BAR SETTING FORTH PERSONNEL RULES AND REGULATIONS
REGARDING THE PAYMENT OF SALARIES, SICK LEAVE, VACATIONS,
LEAVES OF ABSENCES, AND OTHER REGULATIONS AND REPEALING
RESOLUTIONS -90-45 THROUGH 90-45K - CM/Belanger gave the staff
report and recommended that all staff salary classifications receive a 3.5%
cost of living salary increase plus an increase of $50 per month in the
cafeteria benefit amount.
C/Herrera moved, M/Ansari seconded, to adopt Resolution No. 96-51.
C/Werner requested the motion be amended to split consideration of the
vote into two separate issues: 1) 3.5% cost of living salary increase and 2)
$50 increase in the Cafeteria benefit amount. C/Herrera and M/Ansari
concurred with the request to amend the motion.
MPT/Huff reiterated his preference for a 1.7% cost of living increase plus
$25,000 for discretionary merit -based bonuses allocated by the City
Manager.
In response to M/Ansari, CM/Belanger stated that cost of living increases for
employees for the previous six years totaled 16.4%. The CPI for the same
period was 24.8%.
In response to C/Harmony, CM/Belanger explained that the essence of
staffs recommendation is to deal with the difference in the actual CPI
changes and the cost of living adjustments that have been approved in
previous years. The recommended 3.5% cost of living increase represents
a step in the catch up process.
C/Werner stated that due to overzealous newspaper reporting indicating his
approval of this item, he would abstain from voting on Resolution No. 96-51
and would prefer the item be continued to a later date.
C/Herrera moved, NVAnsari seconded, to continue the item to July 16, 1996.
With consensus of Council, the matter was continued.
7.3 FRIENDS OF THE LIBRARY PROPOSAL - The Friends of the Library
indicated that it will commit $8,000 toward the renovation of the D.B. Branch
Library facility. They have asked whether the City would be interested in
joining with them in the refurbishing project. The City's Library Services
Fund has an allocation reserve for Fiscal Year 1996-1997 of $88,000.
CM/Belanger recommended that Council consider approval of $20,000 as
the City's participation in the refurbishing project to be determined based
upon the needs list provided by the L.A. County Library District.
JULY 2, 1996 PAGE 11
M/Ansari recommended further consideration of this item.
C/Harmony requested cost estimates for razing the current Library building
and constructing a new two-story structure with underground parking.
M/Ansari moved, C/Werner seconded, to return the item to staff, that each
Council Member submit a list of concerns, and that the Council meet with the
Friends of the Library for further discussion of this matter. With consensus
of Council, the matter was continued to a future date.
10. COUNCIL SUB -COMMITTEE REPORTS: C/Herrera stated that on June 7,
1996 several citizens attended an Economic Development workshop. The City
continues its efforts toward improving economic development by attracting
businesses to the community.
C/Werner reported that several hazardous waste dump opportunities will be
available to citizens during July. Citizens may obtain site location information from
City On -Line or City Hall.
MPT/Huff suggested the formation of a community based citizen's committee to
provide input to the Parks Master Plan ad hoc subcommittee.
11. COUNCIL COMMENTS: None
12. ANNOUNCEMENTS: None
13. CLOSED SESSION: None held.
12. ADJOURNMENT: There being no further business to conduct, M/Ansari
adjourned the meeting at 11:10 p.m.
ATTEST:
Mayor
LYNDA BURGESS, City Clerk
MINUTES Or TUE 61TY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
JULY 16, 1996
1. CLOSED SESSION: 5:30 p.m. in Room CC -8 at the SCAQMD, 21865
E. Copley Drive, Diamond Bar, California.
1.1 Conference with -Legal Counsel
LITIGATION: SUBDIVISIONS (A) OF SECTION 53956.9)
Name of Case: Clair Harmony v. City of Diamond Bar Case No. BS
039769
ADJOURNED TO REGULAR MEETING AT 6:25 P.M.
2
3
CALL TO ORDER: Mayor Ansari called the meeting to order at 6:37
p.m., in the SCAQMD Auditorium, 21865 E. Copley Drive, Diamond Bar, California.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Dr.
Lawrence Rhodes.
ROLL CALL: Council Members Harmony, Herrera, Werner,
Mayor Pro Tem Huff, Mayor Ansari.
Also present were: Terrence L. Belanger, City Manager; Frank Usher, Assistant
City Manager; Amanda Susskind, Assistant City Attorney; James DeStefano,
Community Development Director; George Wentz, Public Works Director; Bob
Rose, Community Services Director and Lynda Burgess, City Clerk.
SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
3.1 Proclaimed July 21-27, 1996 as "Lead Poison Control Week."
3.2 Presented City Tile to retiring Los Angeles County Fire Department Captain
Mario Richard Lopez.
Amanda Susskind, Assistant City Attorney, reported that no action was taken during the
Closed Session regarding Clair Harmony V. City of Diamond Bar, Case No. BS 039769;
however, direction was given to staff.
4. PUBLIC COMMENTS: Barbara Clannon, Falcon Ridge Rd., stated that she and
her neighbors were seeking DBIA assistance in attempting to persuade a resident
to comply with the CC&R's. She asked the City's assistance in requesting her
neighbor to cease storing commercial vehicles on the residential streets in her
neighborhood. The conflict has resulted in a decline of potential property sales in
the area.
Dr. Lawrence Rhodes pointed out that, in his opinion, the July 2 City Council
meeting was not conducted pursuant to Robert's Rules of Order. He asked that the
c�
JULY 16, 1996 PAGE 2
agenda be changed to allow Council Comments immediately following Public
Comments.
Red Calkins thanked C/Werner and CM/Belanger for attending the Three Valleys
Water District meeting last week. A small turnout resulted in passage of the
assessment.
Robert Arceo, 1106 S. Cleghorn Dr., stated that although he has invited the City
Council members to attend Senior Citizens Group meetings, none have attended.
He indicated that he received an apology from C/Harmony. He introduced Senior
Citizen's Group members Albert Villa, Mr. and Mrs. Walter Taylor, Bob and Jerry
Brice, and Norm and Jodie Vail.
Martha Bruske complained about the City Council's lack of response to citizens
during Public Comments.
Terry Birrell stated that, in her opinion, the City's computer hardware and software
inventory report indicates American Appraisal Associates did not, as the City
contends, inventory the software. The appraiser indicated an inventory of
$500,000. City Hall indicated an inventory of approximately $100,000. The
difference is unreconciled. She asked for clarification of the discrepancy.
C/Werner stated staff and City Council make every effort to respond to all citizen
concerns. If the matter is not resolved by staff, it is brought to Council as an
agenda item. He supported the Mayor's attempt to have business -oriented
meetings by having Council Comments at the end of the Agenda.
C/Herrera pointed out that discussion of non -agenda items by Council Members
violates the Brown Act. She also supported the Mayor's Agenda format.
M/Ansari reiterated that non -Agenda items are not discussed during Council
meetings. Staff will either resolve the matter or refer the item to Council. Council
Members wear many hats and, as a result, are not able to attend all scheduled
meetings.
5. SCHEDULE OF FUTURE EVENTS:
5.1 CONCERT IN THE PARK - Mike Henebry Orchestra (Swing/Big Band) - July
17, 1996 - 6:30 p.m. to 8:00 p.m., Sycamore Canyon Park, 22930 Golden
Springs Dr.
5.2 SUNSET CROSSING ROAD STREET REHABILITATION MEETING - July
18, 1996 - 6:30 p.m., Deane Homes Swim Club, 1010 Overlook Ridge Rd.
5.3 PLANNING COMMISSION - July 22, 1996 - 7:00 p.m., SCAQMD Auditorium,
21865 E. Copley Dr.
5.4 CONCERT IN THE PARK - Doo Wah (Country Western) - July 24, 1996 -
6:30 p.m. to 8:00 p.m., Sycamore Canyon Park, 22930 Golden Springs Dr.
JULY 16, 1996 PAGE 3
5.5 PARKS & RECREATION COMMISSION - July 25, 1996 - 7:00 p.m.,
SCAQMD Board Hearing Room, 21865 E. Copley Dr.
5.6 CONCERT IN THE PARK - Film at Eleven (Classic 60's & 70's) - July 31,
1996 - 6:30 p.m. to 8:00 p.m., Sycamore Canyon Park, 22930 Golden
Springs Dr.
5.7 CITY COUNCIL MEETING - August 6, 1996 - 6:30 p.m. SCAQMD
Auditorium, 21865 E. Copley Dr.
6. CONSENT CALENDAR - C/Werner moved, MPT/Huff seconded, to approve
Consent Calendar with the exception of Item 6.12. With the following Roll Call vote,
motion carried (C/Harmony abstained from voting for approval of the City Attorney's
invoice on the Warrant Register, Item 6.4):
AYES: COUNCIL MEMBERS - Harmony, Herrera, Werner, MPT/Huff,
M/Ansari
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
6.1 APPROVED CITY COUNCIL MINUTES:
6. 1.1 Regular Meeting of June 8, 1996 as submitted.
6.1.2 Town Hall Meeting of June 22, 1996 as submitted.
6.2 RECEIVED & FILED PLANNING COMMISSION MINUTES - Regular
meeting of June 10, 1996.
6.3 RECEIVED & FILED PARKS & RECREATION COMMISSION MINUTES -
Regular meeting of May 23, 1996.
6.4 APPROVED VOUCHER REGISTER dated July 16, 1996 in the amount of
$280,421.19. (C/Harmony abstained from approval of the Richards, Watson
& Gershon invoice).
6.5 REJECTED CLAIM FOR DAMAGES filed by Mark Johnson May 31, 1996
and referred the matter for further action to Carl Warren & Co., the City's
Risk Manager.
6.6 AWARDED CONTRACT FOR MINUTE SECRETARY SERVICES -
authorized the City Manager to enter into an agreement with Carol A. Dennis
for Minute Secretarial Services for City Council, Planning Commission, Parks
& Recreation, and City Council meetings in the amount of $21,400 for the
period August 1, 1996 through June 30, 1997, with a one-year renewal
option for the City.
6.7 APPROVED CHANGE ORDER #1 FOR ADDITIONAL GRAFFITI REMOVAL
WORK BY GRAFFITI CONTROL SYSTEMS, INC. FOR THE 1995/1996
FISCAL YEAR in the amount of $4,500.
JULY 16, 1996 PAGE 4
6.8 APPROVED AMENDMENT TO AGREEMENT WITH HDL FOR
DOCUMENTARY TRANSFER TAX (Hinderliter, deLlamas, Coren & Cone)
regarding Documentary Transfer Tax review services, establishing a
contingency rate of 25% of County validated findings.
6.9 AWARDED CONTRACT FOR PANTERA PARK CONSTRUCTION
ADMINISTRATION AND INSPECTION SERVICES TO HEIMBERGER
HIRSCH & ASSOCIATES - authorized the Mayor to enter into a Professional
Services Agreement in an amount not to exceed $53,040 and provided a
contingency amount of $5,000 for contract amendment(s) to be approved by
the City Manager, for a total authorization amount of $58,040.
6.10 ADOPTED RESOLUTION NO. 96-51: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING THE
WITHDRAWAL OF THE CITY FROM THE EAST SAN GABRIEL VALLEY
INTEGRATED WASTE MANAGEMENT JOINT POWERS AUTHORITY
(JPA) and instructed the City Manager to prepare and forward a 30 -day
notice informing the JPA of the City's action and referencing the Resolution.
6.11 APPROVAL OF AMENDMENT NO. 2 TO THE CONSULTING SERVICES
AGREEMENT WITH J. MICHAEL HULS, R.E.A., FOR ENVIRONMENTAL
MANAGEMENT SERVICES - (1) found that it is in the City's best interest to
extend the existing contract rather than request bids for the services; and (2)
authorized the Mayor to execute Amendment No. 2 with J. Michael Huls,
R. E.A., in an amount not -to -exceed $35,000 for services relating to the
administration of the City's solid waste permit system and to assist in the
coordination of AB 939 and program activities during Fiscal Year 1996-1997.
MATTERS WITHDRAWN FROM CONSENT CALENDAR:
6.12 SUNSET CROSSING ROAD STREET REHABILITATION FROM SR 57
OFF -RAMP TO GOLDEN SPRINGS DRIVE - In response to C/Harmony
about how the project would dovetail with the cul-de-sacing of Sunset
Crossing Rd., CM/Belanger explained that previously, a contractor was
selected to proceed with Sunset Crossing Rd. cul-de-sacing. However,
before the project commenced, the Walnut Valley Water District installed a
water line on the street.
PWD/Wentz stated that the Walnut Valley Water District is conducting final
tests on the water line installation. Upon completion, the City will proceed
with the Sunset Crossing Rd. cul-de-sacing. The two projects do not conflict
since the Sunset Crossing Rd. project commences at the SR 57 off -ramp and
proceeds easterly to Golden Springs Dr.
In response to C/Werner, CM/Belanger explained that the Sunset Crossing
Rd. Street Rehabilitation project is scheduled to commence in August.
JULY 16, 1996 - - PAGE 5
Public meetings are currently being held to discuss the course of work with
neighborhood residents. Alternate route City signs will be posted to direct
traffic flow.
PWD/Wentz indicated the project will take approximately 2 1/2 months.
Notices of the July 18 meeting were sent to 467 area residents. In order to
minimize neighborhood disturbance, the project will be phased. The project
will not be completed prior to school year commencement; however, the
contractor has been instructed that the work in front of the school must be
completed prior to school starting. The City is coordinating the project with
the schools.
MPT/Huff moved, C/Werner seconded, to (A) award a construction contract
to J.E.G. Construction Co., Inc. in an amount not -to -exceed $463,439 and
provide a contingency amount of $50,000 for project change orders to be
approved by the City Manager, for a total authorization amount of $513,439
and (B) authorize the Mayor to enter into a Professional Services Agreement
with Dewan, Lundin & Assoc. for construction administration/inspection
services in an amount not -to -exceed $24,484 and provide a contingency
amount of $2,500 for contract amendment(s) to be approved by the City
Manager, for a total authorization amount of $26,984. Motion carried by the
following Roll Call Vote:
AYES: COUNCIL MEMBERS - Harmony, Herrera, Werner, MPT/Huff,
M/Ansari
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
7. PUBLIC HEARINGS: None
8. OLD BUSINESS:
8.1 DESIGNATION OF COUNCIL MEMBER TO SIGN RESOLUTION NO. 95-21
AND RESOLUTION NO. 95-22 (TENTATIVE TRACT MAP NO. 51253-
SASAK) - CM/Belanger stated that because M/Ansari and MPT/Huff were not
presiding when the original Resolutions were approved, it was
recommended that Council designate one of its members to sign Resolution
Nos. 95-21 and 95-22.
M/Ansari asked what assurances the City has that the hillside is stable.
What measures has the property owner initiated to mitigate the soil
instability.
CM/Belanger explained that in 1995, Council placed four conditions on the
property to insure the remediation of the land instability. To date, no site
remediation has taken place. The property continues to evidence some
JULY 16, 1996 PAGE 6
instability. The property owner will not be granted a Tentative Tract Map
unless and until he performs the conditions. Upon receipt of the Tentative
Tract Map, the property owner must remediate the geological instability on
his property. Remediation of the geological instability does not necessarily
render the property suitable for development.
ACA/Susskind stated remediation is a condition of Final Map Approval and
Building Permit issuance.
M/Ansari stated that she voted against the project. She further stated that
she is still opposed to the project and will sign the Resolutions only if
instructed to do so by Council.
MPT/Huff reiterated that the action was taken in 1995 and that the applicant
has made a good faith effort to comply with City requirements. The applicant
failed to comply within the time indicated. However, it could be argued that
the unexpected landslide interfered with the property owner's ability to
comply in a timely fashion.
ACA/Susskind stated that Council may wish to waive the time requirement
by signing the Resolutions for the reasons MPT/Huff stated. She advised
Council that litigation is threatened in this matter. She recommended that
if Council decides not to approve the Resolution signing and have a
complete discussion of the matter, the matter should be continued to Closed
Session.
MPT/Huff felt that the project does not make sense without a South Pointe
Master Plan and as a Planning Commissioner, he voted against the project.
He expressed concern that if the Resolutions are not signed, remediation will
fall to the City. He viewed signing the Resolution as a formality in carrying
out the intent of the previous Council.
In response to C/Harmony, PWD/Wentz explained that on-site work can be
performed which will mitigate the damage along Morning Sun Ave.
Additional work will be required off-site. The intent of the Resolutions were
to make funds available to the City, in addition to the usual bonds, should
additional mitigation be required. The applicant intends to perform
immediate remedy along Morning Sun Ave. to correct the damage. In the
long term, the applicant intends to mitigate the larger slide on-site and off-
site.
C/Harmony stated that, by appointing the Mayor to sign the Resolutions,
Council is agreeing to waive Mr. Patel's condition that within 7 days of the
Council approval, he must post a $250,000 performance security with the
City. The applicant has posted a $250,000 Letter of Credit with the City.
Condition No. 60 no longer applies since the applicant has posted the
JULY 16, 1996 PAGE 7
$250,000 to remedy the slide in accordance with Condition No. 61.
PWD/Wentz responded that Mr. Patel made application for security the day
following Council action. He did not meet the 7 day deadline. Consideration
of the time constraints is a Council determination.
In response to C/Harmony's suggestion that the City consider requiring a
bond for the entire remediation, CM/Belanger stated that Mr. Patel is
responsible for his property. The conditions were set forth by Council to
ensure that the applicant would fund the remediation. If the applicant fails
to complete the remediation, the bond can be called. The property in
question cannot be obligated for the remediation work of other property
owners. Further, he stated that he was not aware of any contracts that tie
Mr. Patel's property with WVUSD property.
ACA/Susskind indicated that Mr. Patel is not obliged to be responsible for his
neighbor's problem. This matter involves a property owner's right to develop
his land which is contingent upon his curing the problem.
C/Harmony felt that the City should continue to hold this application in place
until the applicant has completed the remediation.
ACA/Susskind responded that according to staff, the Tentative Tract Map
pre -conditions have been satisfied. In order to commence the process to
meet all of the Final Map conditions, the Tentative Map needs to commence.
She reiterated that in her opinion, the item could be continued to Closed
Session.
C/Harmony expressed concerned that the project could go forward before all
cures are in place. In his opinion, if Council appoints a member to sign the
Resolutions, Council will be recertifying project approval without knowledge
of the property conditions.
C/Herrera stated that when the landslide occurred, Mr. Patel entered into an
agreement to reimburse WVUSD for his share of the remediation. A signed
Tentative Tract Map would allow Mr. Patel to proceed with remediation of the
property. Mr. Patel must apply to the Council for Final Map prior to building.
ACA/Susskind pointed out that Mr. Patel must come back to the City for Final
Map approval before he can sell the subdivisions. Building permits cannot
be issued under the Building Code or under the present conditions unless
remediation has occurred.
C/Herrera felt that it would make sense to sign the Resolutions and allow Mr.
Patel to proceed with remediation of the land.
JULY 16, 1996 PAGE 8
Dr. Lawrence Rhodes believed the City should move forward with the
project. He pointed out that if the land repairs are not made, the developer
will be unable to obtain financing.
Terry Birrell asked why the remediation cannot occur prior to approval of the
Tentative Tract Map. She felt it was ridiculous to approve a Tentative Tract
Map or Final Map for property which is still moving. When the land stops
moving and remediation is made, if it is appropriate for the surrounding area,
the City can then grant approval for this project.
MPT/Huff moved, C/Herrera seconded, to continue the matter to Closed
Session on August 6, 1996.
C/Werner explained the California Map Act and stated that the developer
had worked with staff in good faith and had satisfied his conditions
precedent. Circumstances occurred immediately following approval which
caused a delay in the condition satisfactions. The law protects this
developer. Mr. Patel filed his application prior to the South Pointe Master
Plan being in process. Mr. Patel became an unwilling participant in the
South Pointe Master Plan. He indicated that he had no difficulty with the
request for additional legal input and felt that Mr. Patel had been unduly
delayed.
RECESS: M/Ansari recessed the meeting at 8:35 p.m.
RECONVENE: M/Ansari reconvened the meeting at 8:45 p.m.
C/Herrera moved, MPT/Huff seconded, to close the debate and vote on
MPT/Huffs motion to continue the item to Closed Session on August 6,
1996. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Herrera, Werner, MPT/Huff, M/Ansari
NOES: COUNCIL MEMBERS - C/Harmony
ABSENT: COUNCIL MEMBERS - None
MPT/Huff restated his motion, C/Herrera restated her second, to continue
the matter to Closed Session at 5:30 p.m. and City Council Agenda at 6:30
p.m. on August 6, 1996. Motion carried by the following Roll Call Vote:
AYES:
COUNCIL MEMBERS - Herrera, MPT/Huff, M/Ansari
NOES:
COUNCIL MEMBERS - C/Harmony
ABSTAIN:
COUNCIL MEMBERS - C/Werner
ABSENT:
COUNCIL MEMBERS - None
JULY 16, 1996
8.2
PAGE 9
PROPOSED CHANGES TO EMPLOYEES' SALARY AND
COMPENSATION FOR FISCAL YEAR 1996-1997 - CM/Belanger reported
that Council continued discussion on a staff proposal to have salaries
increased by 3.5% and to have the cafeteria amount increased by $50 per
month. The estimated percentage change in the Consumer Price Index
(CPI) is an increase of 1.6%. The percentage increase in the CPI over the
seven plus years of the City's existence has been 24.8°/x. Employee salary
adjustments over the same period of time have increased 16.4%. Using the
CPI as the benchmark, employee salaries have fallen 8.4% behind the CPI.
Based on comments made at the July 2, 1996 Council meeting, staff
prepared salary increase proposal alternatives which include: (1) a 3.5%
salary increase with a $50/mo. cafeteria benefit increase, for a total cost of
$70,930; (2) a 2% salary increase with a 1.5% merit payment and a $50/mo.
cafeteria benefit increase, for a total cost of $67,727; (3) 1.6% salary
increase with a 1.9% merit payment and a $50/mo. cafeteria benefit
increase, for a total cost of $66,675 or (4) do nothing at all. He
recommended that Council approve one of the salary adjustment
alternatives. If either Alternative 2 or 3 is approved, he further
recommended that the merit payment be given across the board to all
employees in a single lump sum payment. Further, staff should be directed
to create a merit evaluation and payment system, with a merit payment pool
during FY 1996-1997 which would be implemented in FY 1997-1998 and that
Council approve a $50/mo. increase in the cafeteria benefit plan amount.
C/Herrera complimented staff on the presentation. She indicated the "Cities
Statistical Information" shows a comparison of population and percentage
of the other cities' budget allocation for staff. D.B. is 18.7% of the total
General Fund budget, has a small staff and is very aggressive in its fiscal
management. WVUSD employees were granted a 5.3% cost of living
increase that included benefits. The 90 L.A. County school districts
averaged a 3.6% cost of living increase for FY 1995-1996.
In response to C/Werner, CM/Belanger explained that the proposed $50
cafeteria benefit increase is to maintain pace with current health plan costs.
Martha Bruske expressed concern that the City needs job descriptions and
an employee evaluation method.
CM/Belanger stated that all employees are classified and are evaluated on
a six-month schedule by their immediate supervisor or department head. All
evaluations are signed by the City Manager.
M/Ansari felt that D.B. employees
comparable cities and stated that
employee salaries for D.B.
are paid less than employees of
she would like to see competitive
JULY 16, 1996 PAGE 10
MPT/Huff indicated that he favored a 1.6% salary increase with a 1.9% merit
payment to be disbursed by the City Manager.
In response to MPT/Huff, M/Ansari explained that the cities he cited that
have not given raises in the current fiscal year have higher salaries for their
employees than D.B. employees. In some cases, base pay for some
positions are higher than tenured D.B. employees are currently receiving.
C/Harmony suggested that a reclassification of City employees is necessary
to bring salaries in line with comparable cities. He further suggested that
half of the merit increase could be distributed by the City Manager.
C/Herrera reminded the Council that the City is facing a deficit in the next
fiscal year. She encouraged the Council to consider granting an increase
this fiscal year. A 1 % disbursement of the fiscal year end budget is not an
unreasonable amount for employee compensation.
C/Herrera moved to approve Alternative (3), a 1.6% salary increase with a
1.9% across-the-board merit payment to be awarded at the discretion of the
City Manager and a $50/mo. cafeteria benefit increase, for a total cost of
$66,675. The City Manager will initiate a merit system to be utilized in FY
1997-1998 and future years. Motion died for lack of a second.
MPT/Huff moved, C/Herrera seconded, to approve a 1.6% salary increase
with a 1.9% merit payment to be disbursed at the discretion of the City
Manager plus the $50/mo. cafeteria benefit increase. Motion defeated by
the following Roll Call vote:
AYES: COUNCIL MEMBERS - Herrera, MPT/Huff
NOES: COUNCIL MEMBERS - Harmony, Werner, M/Ansari
ABSENT: COUNCIL MEMBERS - None
C/Werner moved, C/Harmony seconded, to approve a 1.6% COLA increase.
Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Harmony, Herrera, Werner, MPT/Huff,
M/Ansari
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
C/Werner moved, C/Herrera seconded, to approve a $75/mo. cafeteria
benefit increase. Motion defeated by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Herrera, Werner
NOES: COUNCIL MEMBERS - Harmony, MPT/Huff, M/Ansari
ABSENT: COUNCIL MEMBERS - None
JULY 16, 1996 PAGE 11
MPT/Huff moved, C/Werner seconded, to approve a $50/mo. cafeteria
benefit increase. Motion carried by the following Roll Call vote..
AYES: COUNCIL MEMBERS - Harmony, Herrera, Werner, MPT/Huff,
M/Ansari
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
C/Werner moved, C/Harmony seconded, to direct staff to prepare a merit
increase program and present the proposal to Council for implementation in
FY 1997-1998. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Harmony, Herrera, Werner, MPT/Huff,
M/Ansari
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
C/Herrera moved, MPT/Huff seconded to set aside $24,675 (1.9%) for merit
increase distribution in FY 1997-1998. Motion carried by the following Roll
Call vote:
AYES: COUNCIL MEMBERS - Herrera, MPT/Huff, M/Ansari
NOES: COUNCIL MEMBERS - Harmony, Werner
ABSENT: COUNCIL MEMBERS - None
8.3 CITY COUNCIL GOALS AND OBJECTIVES - CM/Belanger indicated that
the final compilation and calculation of the goal priorities is presented in 3
categories: 1996-1997 Goals & Objectives; Ongoing Goals & Objectives,
and Long Term Goals & Objectives.
M/Ansari thanked C/Herrera and MPT/Huff for their participation in compiling
the document.
C/Herrera suggested the Council adopt the proposed list of goals and
objectives.
M/Ansari stated that she was concerned about Code Enforcement.
Gary Neely asked that the Council share a copy of the proposed Goals &
Objectives to the public.
M/Ansari read the list of Goals & Objectives.
Mr. Neely suggested a time designation and quantification regarding On-
going Goals and Long Term Goals.
JULY 16, 1996 PAGE 12
C/Herrera stated that On-going Goals are currently in process. Completion
date is undetermined. Long Term Goals are one year and beyond.
Martha Bruske asked Council to adopt a proactive development philosophy
in accordance with the City's General Plan Vision Statement.
M/Ansari moved, C/Harmony seconded, to adopt the Council proposed
Goals & Objectives and their respective priority rankings. Following
discussion, M/Ansari withdrew her motion.
M/Ansari moved, MPT/Huff seconded, to request staff to incorporate
C/Werner's General Plan Goals & Objectives listing into the umbrella Goals
& Objectives listing. Following discussion, M/Ansari withdrew her motion.
M/Ansari moved, C/Harmony seconded to adopt the Council proposed Goals
& Objectives and rankings. Motion carried by the following Roll Call vote:
AYES:
COUNCIL MEMBERS - Harmony, Herrera, MPT/Huff, M/Ansari
NOES:
COUNCIL MEMBERS - Werner
ABSENT:
COUNCIL MEMBERS - None
M/Ansari moved seconded by MPT/Huff to incorporate C/Werner's General
Plan Goals & Objectives. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Herrera, Werner, MPT/Huff, M/Ansari
NOES: COUNCIL MEMBERS - Harmony
ABSENT: COUNCIL MEMBERS - None
9. NEW BUSINESS: None
RECESS: M/Ansari recessed the meeting at 10:04 p.m.
10. DIAMOND BAR REDEVELOPMENT AGENCY MEETING (Minutes produced
separately)
RECONVENE: M/Ansari reconvened the City Council meeting at 10:22 p.m.
10, COUNCIL SUB -COMMITTEE REPORTS: C/Harmony asked for a report on
potential businesses moving into D.B. He suggested Concerts in the Park banners
be placed on D.B. Blvd. He asked staff for cost figures for a Diamond Ranch High
School secondary road and a complete SR 57 potential accident analysis.
MPT/Huff requested public participation with staffs preparation of the October 1
Community Calendar. He cited a news release indicating the City of Industry
decided to relocate the MRF away from the proposed Grand Ave. and Valley Blvd.
JULY 16, 1996 PAGE 13
location.
C/Herrera stated that, in accordance with State mandate to qualify for emergency
reimbursement funding, she attended the Standardized Emergency Management
training session. She also attended an Edison Company Electric and Magnetic
Fields workshop. She stated that in addition to for -cost services, the Walnut
Sheriffs Station provides no -cost services to contract cities such as: personnel
from Homicide, Arson, Explosives, Narcotics, Special Investigations, Aero, Reserve
Forces bureaus and Operation Safe Streets. She asked Council, to authorize
M/Ansari to send a letter to Chino Hills indicating D.B.'s interest in holding joint
meetings to discuss matters of mutual concern.
C/Werner requested that retiring Sheriffs Deputy Larry Luter be recognized for his
community service. He asked staff to coordinate a 50th year commemoration
presentation for Boy Scouts of American Local Troop No. 737 venture crew.
M/Ansari stated that she and C/Herrera, MPT/Huff and CM/Belanger met with the
Pomona Unified School District regarding the proposed Truancy Ordinance. She
extended an invitation to residents who would like to view the recently completed
Humane Society addition which was completed as a result of private donations.
Further, she reported that she, CM/Belanger and ACM/Usher met with Friends of
the Library members to discuss the proposed D.B. facility refurbishing. As a result,
the refurbishing list will be revised and presented to Council. She advised the
public about the September 19 San Gabriel Valley Consortium meeting regarding
technology and small business education offered by local universities and junior
colleges. She indicated she attended the Storm Water Hearing at the State of
California building in L.A. to express the City's concerns.
12. COUNCIL COMMENTS: None
13. ADJOURNMENT: There being no further business to conduct,
M/Ansari adjourned the meeting in honor of California State Highway Patrolman
Dan Burt at 10:47 p.m.
ATTEST:
Mayor
LYNDA BURGESS, City Clerk
MINUTES OF THE CITY ng DIINnND BlD
REGULAR MEETING OF THE PLANNING COMMISSION
JUNE 24, 1996
CALL TO ORDER:
Chairman Goldenberg called the meeting to order at 7:10 p.m. at the
South Coast Air Quality Management Auditorium, 21865 East Copley
Drive, Diamond Bar, California.
PLEDGE OF ALLEGIANCE:
The audience was led in the Pledge of Allegiance by Vice Chairman
Ruzicka
ROLL CALL:
Present: Chairman Goldenberg, Vice Chairman Ruzicka,
Commissioners Fong, McManus and Schad.
Also Present: Community Development Director James
DeStefano; Senior Planner Catherine Johnson;
Assistant Planner Ann Lungu; Deputy Director
Public Works David Liu, and Recording
Secretary Carol Dennis
MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS:
Craig Clute, 21217 Fountain Springs Road, asked for an update on
the Diamond Bar High School cellular site project.
AstP/Lungu responded to Mr. Clute that the Diamond Bar High School
cellular site landscape plan is at the State Architect's office
awaiting approval. The applicant is aware that his expiration date
is at hand and that no additional time extensions will be allowed
for this project.
CONSENT CALENDAR:
1. Minutes of June 10, 1996.
VC/Ruzicka made a motion, seconded by C/Schad to approve
the minutes of June 10, 1996 as presented. The motion
was approved 5-0.
OLD BUSINESS - None
NEW BUSINESS:
1. Presentation by Joe Foust of Austin -Foust Associates,
Inc. regarding parking.
CDD/DeStefano stated that as a preamble to the discussion
of Item 2, New Business, Mr. Foust will present
information pertaining to basic parking issues.
Mr. Foust outlined his credentials and presented parking
studies including shared parking concepts. He referred
the Commissioners to The Institute of Public
June 24, 1996 Page 2 Planning Commission
Transportation Engineers manuals, "Trip Generation" and
"Parking Generation", and The Urban Land Institute's
document, "Shared Parking".
Mr. Foust responded to C/Schad that peak theater parking
statistics are based upon unit numbers without regard to
specific movie releases.
2. City Council referral regarding parking issues at 2707
South Diamond Bar Boulevard (Dr. Cho's Building).
CDD/DeStefano stated the City Council has referred this
item to the Planning Commission for discussion and
requested that the Commission provide comments to the
City Council. The matter is a recommendation by the
Traffic and Transportation Commission to the City Council
that the portion of red curbing on the south side of
Fountain Springs Road between Diamond Bar Boulevard and
Crooked Creek Drive be removed.
SP/Johnson read the staff report into the record.
Chair/Goldenberg declared the item open for public
comment.
Don Gravdahl, a Diamond Bar resident, urged the
Commission to recommend retention of the red curbing on
the south side of Fountain Springs Road between Diamond
Bar Boulevard and Crooked Creek Drive.
Mr. Clute concurred with Mr. Gravdahl. He stated that
Dr. Cho has changed the use of his building which has
impacted the parking. He further stated that in his
opinion, residential streets should not be used to
accommodate commercial parking.
Dr. Cho stated he has not changed the use of his
building. Shortly after he completed construction of his
building, Los Angeles County changed the parking code.
He indicated that he was not information regarding the
Neighborhood Traffic Study which recommended the red
curbing. He indicated he agrees that the red curbing
should be retained on the north side of Fountain Springs
Road. He requested the Planning Commission recommend to
the City Council that the red curbing be removed from the
south side of Fountain Springs Road to offer his
building's clientele and lessee employee's with
additional parking.
Chair/ Goldenberg stated public streets are for public use
and safety concerns dictate standards. He asked Dr. Cho
to consider the impact of street parking to the residents
surrounding his building. He further stated that in the
June 24, 1996 Page 3 Planning Comission
eight years Dr. Cho has owned the building, he has not
spoken with the management or owner of the Country Hills
Towne Center about securing additional parking for his
building.
Dr. Cho responded to Chair/Goldenberg that on four
occasions he has attempted to enter into discussions with
the shopping center management regarding an agreement.
Chair/ Goldenberg reminded Dr. Cho that his attempts to
negotiate with the shopping center have been in the
recent past.
C/Schad asked Dr. Cho how many patients and how many
employees are impacted by the lack of adequate parking.
Dr. Cho responded to C/Schad that he has two employees
and he previously requested that they park on the street.
He indicated that the only time he needs parking relief
is from 3:00 p.m. to 5:00 p.m. weekdays when the dance
studio is holding classes.
VC/Ruzicka stated that as a Commissioner, he wants to
improve the business climate in Diamond Bar. In
addition, the concerns and needs of the 55,000 citizens
must be considered. He referred the Commission to Page
4 of the staff report which states that "In Summary, the
building was legally permitted with the number of parking
spaces required by the code at the time of approval prior
to any tenant occupying the building. Because of a
change in parking regulations, the building almost
immediately became non -conforming. As tenants moved into
the building, the parking was not monitored and the
building owner did not comply with the regulations for
non -conforming uses." He further stated that, in his
opinion, the City should have monitored this situation
from the beginning. He indicated he believes that Dr.
Cho will have to modify his leasing policies so that
tenants occupying his building will not overtax the
current parking facilities. He should also have to
conform to Los Angeles County's original provision that
tenants be Retail or General Office type businesses. He
stated he believes the City needs to conduct a study of
which Diamond Bar businesses are facing similar parking
situation, and which businesses do not comply with their
parking codes. He asked if any businesses in Diamond Bar
have permission to use the public right-of-way for
parking. If so, it is a City problem which should be
resolved. In addition, Dr. Cho should state in his lease
agreement that there is no on-site parking provided for
employees of the building. Even if the red curbing is
removed from the south side of Fountain Springs Road it
would not guarantee that the parking spaces would be
June 24, 1996 Pago 4 Planning Commission
available only for Dr. Cho's building. There would still
be a shortfall of parking spaces for the building
according to the current usage. VC/Ruzicka continued
that even if Dr. Cho exercised his easement and built a
stairway from his building to the shopping center, there
would be no parking provided for his building because
only the tenants of the shopping center are provided use
of the shopping center parking. Dr. Cho's building is
not part of the shopping center. VC/Ruzicka requested
that if the red curbing is removed from the south side of
Fountain Springs Road, the City engage a parking expert
such as Mr. Foust to enter into the record that removal
of the red curbing would not cause an undue traffic
safety problem to the area. He stated that he cannot
recommend to the City Council that the City provide
additional commercial parking in the public right-of-way.
However, he stressed that he wants to the City to assist
businesses in the community to stay in business and make
a profit. He further stated that in his opinion, he does
not believe that everything that can be done, has been
done to alleviate the situation.
C/McManus recommended that the red curbing be removed
from the south side of Fountain Springs Drive between
Diamond Bar Boulevard and Crooked Creek Drive and that
the hours of street parking be limited.
C/Schad concurred with VC/Ruzicka. He indicated his
concerns that businesses within the City should be
treated fairly and equitably.
CDD/DeStefano responded to Chair/Goldenberg that during
a two week period from 10:00 a.m. to 4:00 p.m., staff
observed a range of 6 to 12 available parking spaces at
Dr. Cho's building. He acknowledged that during peak
afternoon hours there may not be sufficient parking
spaces to accommodate the current uses.
Chair/ Goldenberg suggested Dr. Cho designate parking
spaces for his lessees. He concurred with C/McManus that
a compromise to allow street parking between the hours of
1:00 p.m. and 5:00 p.m. may provide relief for Dr. Cho's
parking concerns. A time limit compromise may be
acceptable to the residents as well.
CDD/DeStefano stated it is not uncommon to have limited
time street parking in the City. He sited several
examples.
DDPW/Liu responded to C/Fong that the red curbing on the
north side of Fountain Springs between Diamond Bar
Boulevard and Rising Star Drive was installed in June,
1993. The red curbing was installed to mitigate safety
June 24, 1996 Page 5 Planning Comission
and sight distance concerns. The balance of the red
curbing was installed on the north and south sides of
Fountain Springs Road approximately six months ago as a
result of the Neighborhood Traffic Study consultant's
recommendations. The traffic study took approximately
one year to complete.
In response to VC/Ruzicka, DDPW/Liu stated that all area
business owners were mailed Neighborhood Traffic Study
notices.
DDPW/Liu continued that the follow up study evaluating
the effectiveness of all mitigation measures initiated as
a result of the Neighborhood Traffic Study is due June
28, 1996. Residents have been requested to provide input
for inclusion in the follow up study.
DDPW/Liu responded to C/Fong that five parking spaces
would be gained by removing the red curbing from the
south side of Fountain Springs Drive between Dr. Cho's
building driveway and the Country Hills Towne Center
driveway.
CDD/DeStefano indicated to C/Fong that the theoretical
parking space shortfall for Dr. Cho's building is nine
spaces based upon the current parking standards. At
issue is management of the tenants occupying the facility
to ensure the appropriate mix of tenants to parking
spaces.
C/Fong stated he agrees with VC/Ruzicka's comments. The
City needs to monitor the building usage and Dr. Cho
needs to manage his building to insure the proper tenant
mix to building parking availability and not rely on
public parking to solve his parking needs. He further
stated that he has difficulty making a recommendation to
the City Council because of the conflicting information
between staff and Dr. Cho regarding the parking space
usage.
CDD/DeStefano stated a detailed study would be required
to adequately monitor Dr. Cho's parking lot. He
suggested that Dr. Cho provide a study which would
substantiate his contention that he has a parking
problem.
Dr. Cho stated that in the future he will carefully
consider the code when leasing space to tenants. He
reiterated that he did not receive notification from the
City regarding the Neighborhood Traffic Study.
Chair/Goldenberg suggested that it may be in the City's
best interest to request Dr. Cho conduct a study to
June 24, 1996 Page 6 Planninq Coamissicn
confirm his contention that he needs additional parking
spaces and offer recommendations for mitigation of the
situation.
VC/Ruzicka concurred with Chair/Goldenberg. He
reiterated that he cannot recommend that the City Council
give permission for commercial parking in the public
right-of-way for which the City may incur additional
liability.
C/Fong concurred that Dr. Cho should provide a traffic
study which would substantiate the fact that there is a
need for additional street parking and that street
parking would not present the City with a safety
liability issue.
Dr. Cho stated that he paid for a traffic study for his
building in March, 1996 when he petitioned the City to
lease space for a Taekwondo studio. The study revealed
there was adequate parking for his building with respect
to current uses except during a 30 minute period in the
late afternoon when the dance studio required additional
parking. He further stated that he cannot afford to pay
for an additional study.
CDD/DeStefano stated that approximately one year ago Dr.
Cho suggested a Taekwondo studio as an appropriate tenant
for his building. City staff was concerned about traffic
and parking related to that type of business and
requested Dr. Cho provide a traffic study which would
substantiate the appropriateness of'the business to the
building. As a result of the study, the Taekwondo studio
was denied because there was not an appropriate number of
parking spaces available during the studio's hours of
operation.
Chair/Goldenberg reiterated his recommendation for Dr.
Cho to provide a traffic study. The Commission
concurred.
CDD/DeStefano confirmed that all comments will be
forwarded to the City Council via the Planning Commission
minutes.
PUBLIC HEARING.:
1. variance No. 95-2, (pursuant to Code Section 22.56, Par
2), is a request to construct four retaining walls (crib
walls) with interjacent planters within the rear portion
of the project site. The maximum proposed height of
three retaining walls is eight feet and one retaining
wall is six feet. Additionally, this project includes
Development Review No. 96-1, (pursuant to Code Section
June 24, 1996 Page 7 Planning Comission
22.72.020), a request to construct an 8,334 square foot
two story single family residence with a cellar, deck,
pool/spa, and four car garage. The project site is a 1.2
acre vacant lot located within a gated community
identified as "The Country Estates".
Project Address: 1729 Derringer Lane, Diamond Bar
Property Owner: Jeffrey and Eddy Hu, 933 Leyland
Drive, Diamond Bar
Applicant: Frank Piermarini, 2100 S. Reservoir,
Pomona, CA 91766
AstP/Lungu read the staff report into the record. Staff
recommends that the Planning Commission approve Variance
No. 95-2, and Development Review No. 96-1, Findings of
Fact, and conditions as listed within the attached
resolution.
AstP/Lungu responded to C/Schad that the landscaping firm
has suggested appropriate planting materials for the crib
wall construction to accommodate City requirements to
transition from the bottom of the hill to the home. The
landscape plan includes trailing plants.
C/Schad suggested indigenous trees such as California Oak
be incorporated in the landscape plan.
AstP/Lungu responded to C/Fong that a condition of
approval requires a geotechnical report be reviewed and
approved prior to issuance of permits.
Chair/Goldenberg declared the public hearing open.
Frank Piermarini stated he agrees with staff's
recommendations and concurs with the conditions of
approval. The soils engineer has confirmed that the
ground will handle the project.
VC/Ruzicka asked if five six-foot walls could be utilized
instead of the requested three eight -foot walls and one
six foot wall.
Mr. Piermarini responded to VC/Ruzicka that five six-foot
walls would not be any more structurally sound than three
eight -foot walls and one six foot wall.
Mr. Piermarini responded to C/Schad that the depth of the
wall is determined by the soils engineer. In addition,
the soils engineer monitors the fill for no less than 90
percent compaction.
June 24, 1996 Page 8 Planning Consission
Mr. Piermarini suggested the oak tree roots may cause
damage to the retaining walls. C/Schad stated in his
opinion, the higher elevation would support the oak trees
because they require much less water than other forms of
vegetation. He indicated he is concerned that too much
irrigation required for other types of growth could cause
excess penetration to the soil and undermine the
retaining walls. Careful pruning of the oak tree will
limit growth to 10 percent. With proper maintenance the
root structure of an oak tree is almost symmetrical to
the drip line of the tree. In addition, the oak does not
shed leaves to the extent that other varieties of trees
shed leaves.
Kenneth Welch, Engineer, responded to C/Fong that the
base of the wall is not level and slopes away with the
flow of the natural ground. As a result, the fifth wall
would not catch the ground and therefore, an eight foot
wall would be needed. He indicated that in his opinion,
the proposed walls optimize the situation to the best
possible solution.
Craig Clute asked for a definition of "cellar" and
whether it is a third story to the home and if it is a
finished or unfinished area.
Mr. Piermarini stated the "cellar" area will be finished
by him. The area will serve as a recreation room for the
property owner.
CDD/DeStefano stated the "cellar" area is a habitable
area.
Chair/Goldenberg closed the public hearing.
CDD/DeStefano responded to VC/Ruzicka that the Planning
Commission may consider various portions of the proposed
floor plan as it relates to the variance issue. The City
approves very few variances. He sited four homes within
"The Country Estates". In response to Mr. Clute's
comment, he stated to his knowledge there has been no
parking variance granted since the City's incorporation.
When reviewing a project seeking a variance from the
code, each case stands on its own merits.
C/McManus stated oak trees will die if they are over
watered. He further stated he prefers that trailing
vines be utilized for this project.
Chair/ Goldenberg stated he is concerned about granting
variances on a lot that has inherent difficulties.
June 24, 1996 Page 9 Planning Commission
Mr. Piermarini responded to C/Fong that his understanding
is that the Planning Commission is asked to approve the
concept of the project and that the project will require
approval by the City's Engineer. In addition, the
neighbors of the project who were present at the last
public hearing stated their concerns which have been
addressed in the revised project plans. He stated that
if the neighbors were concerned about the new plans he
feels they would have appeared this evening to speak in
opposition to the project.
CDD/DeStefano responded to C/Schad that approximately 27
neighbors to the project site were notified of this
public hearing.
CDD/DeStefano stated that any project within the area
will require a soils and geotechnical report to be
prepared by the appropriate certified engineering
professionals. In addition, the City's consultants will
review the report and approve or request changes as they
do with every project. The Planning Commission is
reviewing a project that has been advertised as having
three or four eight foot high walls. If the Planning
Commission is of the opinion that the project should be
approved, a condition exists which states that the
project shall be constructed in accordance with the
submitted drawings.
C/McManus made a motion, seconded by VC/Ruzicka, to
approve Variance No. 95-2 and Development Review No. 96-
1, Findings of Fact and conditions as listed in the
resolution.
C/Fong recommended adding the following amendments to the
conditions of approval. Add the following to condition
(f), Page 5: "The geotechnical report prepared shall
state that the project site is not subjected to
landsliding, slope creep, slope instability or subsidence
which will significantly affect or preclude the
construction of the planned development. The proposed
construction of the planned development shall not create
a condition of geologic instability that will adversely
effect adjacent properties during construction and the
life of the development." Add the following to
condition (m), Page 5: "Differential settlement due to
varied fill thickness beneath the proposed structure
shall be considered in the final selection and design of
the building foundation which may include deepened
footings or caissons established in the underlying
bedrock."
June 24, 1996 Page 10 Planning Commission
In response to VC/Ruzicka, CDD/DeStefano recommended that
"as recommended by the City Engineer" be added to both
amendments recommended by C/Fong.
C/McManus and VC/Ruzicka agreed to the proposed
amendments to be included in the motion for approval.
The motion was approved with the following roll call
vote:
AYES: COMMISSIONERS: McManus, VC/Ruzicka, Fong,
Schad
NOES: COMMISSIONERS: Chair/Goldenberg
ABSTAIN: COMMISSIONERS: None
RECESS: Chair/Goldenberg recessed the meeting at 10:10 p.m.
RECONVENE: Chair/ Goldenberg reconvened the meeting at 10:20 p.m.
2. Conditional Use Permit No. 96-4 and Development Review
No. 96-8 is a request for a roof mounted
telecommunications antenna as part of a national wireless
Personal Communication Service (PCS) telecommunications
system by Pacific Bell, which will be part of a regional
telecommunications network. The proposed antenna will be
screened from the view of the surrounding land uses by a
single roof -mounted structure, designed to resemble a
clock tower and constructed of materials to match the
existing architecture. This structure will be
approximately 22 square inches and 16 feet in height, 11
feet of which will be visible above the existing roof.
This proposal also includes an equipment cabinet which
will be placed at ground level on the southerly building
elevation and painted to match the building.
Project Address: 21308 Pathfinder Road, Diamond Bar
Property Owner: Terrell and Carol Ann Rinehart, P.O.
Box 4428, Covina, CA 91723
Applicant: Kent Norton, Keith International
Companies, 22690 Cactus Avenue,
Moreno Valley, CA 92553
SP/Johson read the staff report into the record. Staff
recommends that the Planning Commission approve
Conditional Use Permit No. 96-4 and Development Review
No. 96-8, Findings of Fact and conditions as listed
within the resolution.
June 24, 1996 Page 11 Planning Comission
SP/Johnson responded to C/Fong that the antenna will be
screened within panels inside the clock tower which will
be visible.
Chair/Goldenberg opened the public hearing.
Craig Clute indicated he likes the proposed plan.
Kent Norton stated he read staff's report and concurs
with the conditions. He questioned Conditions (c) and
(d) because the proposed project has no effect on parking
surfaces or signage. He respectfully requested deletion
of Conditions (c) and (d) on Page 4 of the Resolution.
As a replacement Condition he offered a 2:1 replacement
of landscape materials as a result of the cabinet
installation on the west side of the building.
Mr. Norton requested the Planning Commission consider
approving an unshielded antenna panels which would, in
his opinion, afford a lesser visual impact than the
screened structure.
Mr. Norton responded to C/Schad that the only sound
generated by the proposed project is a computer equipment
hum. In addition, the equipment is adjacent to the SR 57
which would obscure any equipment sound.
CDD/DeStefano responded to VC/Ruzicka that staff
recommends the Planning Commission approve the project
with screening. The project conditions were recommended
to bring the aesthetics of the property into compliance
with the intent of the City's General Plan. Staff
believes the proposed solution is appropriate for this
location.
In response to C/McManus, CDD/DeStefano stated the
conditions for parking lot improvement and signage
compliance are included as a means of bringing the
property into compliance to the City's standards. Staff
feels this discretionary permit request is an opportunity
for the Planning Commission and for the City to capture
these improvements.
C/Schad made a motion, seconded by VC/Ruzicka, to approve
Conditional Use Permit No. 96-4 and Development Review
No. 96-8, Findings of Fact and conditions as listed
within the resolution. The motion was carried 5-0.
PLANNING COMMISSION ITEMS - None
INFORMATIONAL ITEMS - None
June 24, 1996
ADJOURNMENT:
Page -12 Planning Commission
At 10:45 p.m., there being no further business to come before the
Planning Commission, Chair/Goldenberg adjourned the meeting to July
8, 1996.
Respectfully Submitted,
James DeStefano
Community Development Director
Attest:
Michael Goldenberg
Chairman
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
JULY 8, 1996
CALL TO ORDER:
Chairman Goldenberg called the meeting to order at 7:11 p.m. at the
South Coast Air Quality Management Auditorium, 21865 East Copley
Drive, Diamond Bar, California.
PLEDGE OF ALLEGIANCE:
The audience was led in the Pledge of Allegiance by Commissioner
Fong.
ROLL CALL:
Present: Chairman Goldenberg, Vice Chairman Ruzicka,
Commissioners Fong, McManus and Schad.
Also Present: Community Development Director James
DeStefano; Assistant Planner Ann Lungu, and
Recording Secretary Carol Dennis
MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS - None
CONSENT CALENDAR:
1. Minutes of June 24, 1996.
VC/Ruzicka made a motion, seconded by C/McManus to
approve the minutes of June 24, 1996 as presented.
C/Fong requested the following condition be added to the
minutes on Page 9, Paragraph 6, and to Condition (f),
Page 5 of the Resolution for Variance No. 95-2: "The
proposed construction of the planned development shall
not create a condition of geologic instability that will
adversely affect adjacent properties during construction
and the life of the development."
VC/Ruzicka amended the motion, C/McManus seconded the
amendment to approve the minutes of June 24, 1996 as
amended. The motion was approved 5-0.
OLD BUSINESS - None
NEW BUSINESS - None
PUBLIC HEARING:
1. Conditional Use Permit No. 96-3, a revision to
Conditional use permit No. 1206 (1), (pursuant to Code
Section 22.56, Part 1), is a request to add 1,332 square
feet and interior remodeling to an existing 2,691 square
foot restaurant. Additionally, this project includes
Development Review No. 96-2, (pursuant to Code Section
July 8, 1996 Page 2 PLANNING COMMISSION
22.72.020), for architectural review of exterior changes,
landscaping and parking area.
Project Address: 225 Gentle Springs Lane, Diamond Bar
Property Owners: C.K. Loo, 19101 E. Colima Road,
Rowland Heights, CA 91748
Simon Kwan and Kwong-Lim Kan, 225
Gentle Springs Lane, Diamond Bar
Applicant: Eric Au, Pinewave, 21017 Commerce
Pointe Drive, Walnut, CA 91789
AstP/Lungu read the staff report into the record. Staff
recommends that the Planning Commission approve
Conditional Use Permit No. 96-3, Development Review No.
96-2, Findings of Fact, and conditions as listed within
the resolution.
AstP/Lungu responded to VC/Ruzicka that although the City
does not enforce CC&R's, the staff report suggests that
the applicant, for their benefit, contact the DBIA to
insure compliance. The parking lot lighting plan will be
approved and the lighting will be installed prior to
project's final approval and restaurant opening. The
wall will be repaired prior to final approval.
In response to C/Schad, AstP/Lungu indicated the revised
restaurant seating has been reduced so that the available
43 parking spaces will accommodate the occupancy.
C/Schad recommended the applicant comply with the
national effort to limit light pollution by installing as
much indirect lighting as possible.
C/McManus asked for clarification of operating hours.
AstP/Lungu responded that the applicant has proposed days
and hours of operation to be Sunday through Saturday from
10:00 a.m. to 11:00 p.m.
Chair/Goldenberg declared the public hearing open.
Eric Au, Design Engineer for the project, stated he read
staff's report and concurs with the Conditions of
Approval. He requested the hours of operation be
corrected to read from 10:00 a.m. to 12:00 Midnight.
Mr. Au responded to Chair/ Goldenberg that the project is
proposed to be completed within 90 days of commencing
construction.
VC/Ruzicka made a motion, seconded by C/McManus to
approve Conditional Use Permit No. 96-3 and Development
Review No. 96-2, Findings of Fact, and conditions as
July 8, 1996 Page 3 PLANNING COMMISSION
listed with the resolution with the following amendment:
The hours of operation shall be from 10:00 a.m. to 12:00
Midnight. The motion was approved 5-0.
PLANNING COMMISSION ITEMS:
C/McManus thanked staff for their efforts.
VC/Ruzicka thanked staff for providing the Commissioner's packet in
a timely manner prior to the July 4 holiday which gave the
Commissioners sufficient time to prepare for the public hearing.
He requested additional copies of the Walnut Valley Water District
information brochure. VC/Ruzicka stated that in his opinion, the
City of Walnut's formation of a Walnut Youth Advisory Commission is
a good approach for Diamond Bar to consider in its contemplation of
Ex -Officio Youth Members serving on City Commissions.
Chair/Goldenberg suggested the Commissioner's ride with the
Community Volunteer Patrol from time to time in order to become
familiar with the City.
INFORMATIONAL ITEMS:
CDD/DeStefano stated the City is currently reviewing its Property
Maintenance Ordinance which has existed for approximately two
years. During the first four years of the City's existence,
approximately 500 complaints were filed per year. Since the
adoption of the City's Property Maintenance Ordinance, the City
receives about 650 per year. Ninety percent of all complaints are
resolved within 10 days of receipt. Only about one percent of
complaints go beyond 60 days and are referred to District
Attorney's Conference or court appearance.
CDD/DeStefano indicated the City Attorney has advised staff that
additional changes to the Planning Commission Manual will be
forthcoming due to Brown Act changes.
CDD/DeStefano advised the Commission that a revised Tice project
will be presented for consideration within the near future.
CDD/DeStefano stated that the Planning Commission recently approved
staff's recommendation for an Extension of Time on Special
Equipment Marketing Association's (SEMA) two -lot Parcel Map. A
week prior to the approval, Governor Wilson signed Assembly Bill
No. 771 which automatically extended for one additional year parcel
maps that were active during a certain period of time. Therefore,
the action recommended by staff and approved by the Commission was
unnecessary. Staff will forward a letter of apology to the
applicant. The project will not be forwarded to the City Council.
Chair/ Goldenberg stated that the letter of apology should be
forthcoming from the Governor's office.
July 8, 1996 Page 4 PLANNING COMMISSION
In response to C/McManus, CDD/DeStefano indicated an in-house
application is pending for a 117 room Countryside Suites Motel
project on the pad on the north side of Golden Springs Drive below
SCAQMD south of the SR 60 between Copley Drive and Gateway Center
Drive.
ADJOURNMENT:
At 7:50 p.m., there being no further business to come before the
Planning Commission, VC/Ruzicka moved, C/McManus seconded to
adjourn the meeting. There being no objections, Chair/Goldenberg
adjourned the meeting to July 22, 1996.
Respectfully Submitted,
James DeStefano
Community Development Director
Attest:
Michael Goldenberg
Chairman
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BOARD HEARING ROOM OF S.C.A.Q.M.D.
21865 Copley Drive
JUNE 27, 1996
CALL TO ORDER:
Chairman Tye called the meeting to order at 7:05 p.m.
PLEDGE OF ALLEGIANCE:
The audience was led in the Pledge of Allegiance by C/Law.
ROLL CALL:
Present: Chairman Tye, Vice Chairman Finnerty, Commissioners Law, Medina,
O'Connor
Staff: Community Services Director Bob Rose, Community Services
Supervisor Wendy Bowman
Chair/Tye requested the Parks and Recreation Commission add "Sale of Land in Diamond
Bar" to tonight's agenda on an emergency basis.
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unctions could be rescheduled to relieve the parking
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June 27, 1996 Page 2 Parks & Recreation
C/Law suggested some Heritage Park functions could be rescheduled to relieve the parking
situation. He further suggested the Tiny Tot's group could be scheduled for the afternoon
freeing up parking spaces in the morning hours for the senior citizens group. He indicated
diagonal parking on Brea Canyon Road would allow a larger number of vehicles to park close
to the facility.
CSD/Rose responded to C/O'Connor that there are generally three staff vehicles present
during Tiny Tot group functions.
C/O'Connor requested that with the exception of disabled persons, staff park their vehicles
on Brea Canyon Road on Tuesdays. She stated she would be opposed to a 100 percent
handicapped parking lot at Heritage Park.
CSD/Rose responded to Chair/Tye that there are currently 36 parking spaces at Heritage Park,
five of which are handicapped spaces. State requires two of 36 spaces be marked
"Handicapped Parking".
CSD/Rose stated Diamond Ride provides taxi service from a resident's home to Heritage
Park.
C/O'Connor suggested the Sheriff's Department traffic enforcement be assigned to mitigate
traffic at 12:00 noon on Tuesdays.
CSD/Rose explained that parents drop off and pickup their children for the Tiny Tot program.
He indicated he will request that staff park on the street during the Senior Citizens Group
functions.
CONSENT CALENDAR:
1. Approval of Minutes of May 23, 1996 Regular Meeting
C/O'Connor requested that paragraph 1, Page 8, ANNOUNCEMENTS change
the third sentence to read: "She indicated that participants pay $10 each to
play on Walnut Valley Unified School District fields during the AYSO Fall and
Spring sessions. However, there is no use of the school district facilities for the
Cottontail tournament." VC/Finnerty requested the spelling of Chaparral be
corrected in the third sentence, paragraph 1 under ANNOUNCEMENTS.
VC/Finnerty made a motion, seconded by C/Medina to approve the minutes as
corrected. The motion was approved 5-0.
CSD/Rose responded to Chair/Tye that staff did not send a letter to the schools
June 27, 1996 Page 3 Parks & Recreation
requesting their input and participation in the 1997 City Anniversary by the
end of the school year.
C/O'Connor responded to CSD/Rose that the letters should be sent
immediately. She offered to assist staff in drafting the letter.
CSD/Rose stated the City of Brea will not be involved in the 1997 City
Anniversary planning.
2. User Group Meeting.
VC/Finnerty reported on the user group meeting which was held on Thursday,
June 20 at Heritage Park Community Center. Twelve of the 17 organizations
requesting facilities were represented at the meeting. AYSO was the largest
group organization present. Overall, facilities were allocated to organizations
that will serve over 3,000 youth sports participants for the period of August 1
through December 31, 1996.
CSD/Rose stated staff will provide a user group schedule at the July 25 Parks
and Recreation Commission meeting. He thanked VC/Finnerty for her
participation and assistance with the user group meeting.
OLD BUSINESS - None
NEW BUSINESS:
1. Parks Master Plan.
CSD/Rose read the staff report into the record. He indicated that at its meeting
June 18, the City Council approved $50,000 in the 1996-1997 Fiscal Year
Budget for the development of a Parks Master Plan. The Parks Master Plan
serves as an extension of the Resource Management Element of the General
Plan and becomes the tool from which future park development and recreation
programming needs are identified and prioritized. It is staff's intent to hire a
consultant to assist staff with the completion of the Parks Master Plan. The first
step is to develop a Request for Proposals (RFP) that will be used to obtain the
Consultant. The task now before the Commission is to update the scope of
work in the draft RFP.
CSD/Rose suggested some items that may be included for consideration in the
RFP. A Parks Master Plan can be inclusive of various kinds of information such
as a recreation element of programming, parks information (Diamond Bar
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June 27, 1996
Page 5 Parks & Recreation
Registration is currently being held for the summer session with classes
which will begin on June 24 and continue through mid September. To
date, $13,542.00 in revenue has been generated. Some of the more
popular classes are Under the Sea Shells, Children's Pottery, Spanish for
Kids, Mommy and Me Gymnastics, Tennis, Hatha Yoga, and Computer
classes.
ADULT EXCURSIONS
There are three excursions planned for the community over the summer
months. The Pageant of the Masters and Laguna Art Festival on July 14
is full with 35 participants enrolled and a waiting list is being taken. An
"Evening Under the Stars" at the Hollywood Bowl with Carol Burnett is
filled. Revenue generated to date for these two excursions is $4,081.00.
Space is available for the Las Vegas two night stay at the Golden
Nugget.
YOUTH BASEBALL
The 4-5, 6-7, and 8-9 divisions for the summer youth baseball league
are filled. There are currently 402 participants enrolled in the league
generating $22,110.00 in revenue. Due to the overwhelming response,
staff is considering increasing the number of teams. Registration is still
being taken for the 10-11 and 12-13 divisions and waiting lists are being
taken for the other divisions. Coaches have received rosters and
equipment and practice began the week of June 17. Coaches attended
a June 6 training workshop with guest speaker Nick Fuscardo, Fullerton
College head coach. Los Angeles Sheriff's Department Sgt. Mark St.
Amont provided equipment and cadets to fingerprint the coaches.
DAY CAMP
A June 15 training workshop for Day Camp staff was conducted by Scott
Bowman, Irvine Unified School District and 1995 Teacher of the Year.
Staff was trained in activities ranging from quiet games to more
complex sports and cooperative team building activities. Staff was also
presented with handout materials.
Day camp began June 17 with 29 campers enrolled. The beginning
week theme was "Tubular Safari" and excursions were made to Chino
Skate Express/Haloz Laster Tag and Wild Rivers. The second week
theme is "Escape" with excursions to Magic Mountain and the Kirkorian
June 27, 1996 Page 6 Parks & Recreation
Theater. Thirty nine participants enrolled for the second week.
EMERGENCY AGENDA ITEM:
1. Sale of City Owned Property.
CSD/Rose stated this item refers to the City owned water reservoir property and
access right-of-way. City Council will consider the sale of these areas at their
regularly scheduled July 2, 1996 meeting. The Parks and Recreation
Commission has unanimously voted to discuss this item during tonight's
agenda.
Chair/Tye stated he is concerned about the lack of park land in Diamond Bar.
He further stated he does not like to hear that 6.5 acres of Diamond Bar land
is being referred to as "surplus property". He requested that the Commission
recommend to the City Council that the land not be sold and used for City
purposes such as a Senior Citizens Center or park.
VC/Finnerty stated she does not have a problem with selling the property as
long as the proceeds are earmarked for the purchase and development of more
suitable park land.
C/O'Connor stated her understanding that the property in question would
provide an access road to the Arciero project.
VC/Finnerty indicated that Mayor Ansari had suggested the property would be
suitable for a Nature Center.
Chair/Tye reiterated his belief that the Commission should act immediately to
tell the City Council that this property should not be sold.
CDD/DeStefano joined the meeting in progress.
In response to VC/Finnerty, CDD/DeStefano stated the property in question was
part of the 1991 South Pointe Master Plan. In October, 1994, Frank Arciero
received approval from the City of Diamond Bar for 91 single family homes on
about 45 acres west of Brea Canyon Road, south of the South Pointe Middle
School site and south of Rapidview Drive and Glenthorpe Drive. Incorporated
within the City Council decision was the property that is now the subject of
disposal. A Condition of Approval stated that Mr. Arciero must enter into an
agreement with the City to swap the 6.5 acres of surplus land for other property
or purchase the site. Mr. Arciero has approached the City to purchase the
June 27, 1996 Page 7 Parks & Recreation
property in order to develop 16 additional homes on the property. Mr. Arciero
is implementing the conditions that were placed on his property in 1994.
Earlier this year the City made the final payment on the 4 acre Walnut Valley
Water District property in question and now is the sole owner. The purpose
of the purchase was to control the future destiny of the property. In .addition,
there is approximately 2.5 acres of excess right-of-way that the City is looking
to dispose of and that Mr. Arciero is seeking to acquire to complete his project.
The site is approximately 100 feet above Brea Canyon Road. There is less than
one acre of flat property at the site which renders it unsuitable for public
purposes.
CDD/DeStefano responded to VC/Finnerty that in 1994 Mr. Arciero intended
to swap the City owned six acres for the six acre Lot 92 and 93 property.
CDD/DeStefano proceeded to the podium and drew a map of the site which
included the City owned land, the Arciero project site and the surrounding area
bordered by Brea Canyon Road, Pathfinder Road, Pathfinder Homeowners
Association, and the Walnut Valley School District property. He outlined the
property under consideration for sale by the City Council including the internal
and external roads. He pointed to the Arciero tract consisting of 91 single
family residences and to the strip of land between the tract and Brea Canyon
Road which is the City owned property under consideration. CDD\DeStefano
indicated the original Condition of Approval for the Arciero tract consisted of
taking the four acres of Walnut Valley Water District property, plus the 2.5
right-of-way now owned by the City and swaping it for six acres of graded
property within the Arciero tract. In lieu of exchanging the property, Mr.
Arciero's Condition of Approval allows him the option to purchase the 6.5 City
owned property outright. Arciero intends to subdivide the two parcels (lots 92
and 93) and include the property within the current tract.
Chair/Tye remarked "so at this time, he (Arciero) is not interested in a swap at
all". CDD/DeStefano responded that at this point, Mr. Arciero's offer it to buy
the property outright in lieu of the swap which was an option open to Mr.
Arciero as part of the 1994 contract.
In response to C/O'Connor, CDD/DeStefano stated that developers that
subdivide property are required to provide the City with park land or with
money set aside for park creation or expansion. Mr. Arciero would provide the
City with park in lieu funds of approximately $130,000 to $150,000. A 91 unit
project would not generate sufficient acreage for a park.
CDD/DeStefano referred to the map drawing and indicated to VC/Finnerty that
the only dedicated street will be an access road to South Pointe Middle School
June 27, 1996 Page 8 Parks & Recreation
from Brea Canyon Road to the terminus of Larkstone Drive. All of the access
points and the interior streets will be private. In response to VC/Finnerty's
question, Quimby Act specifies that park in lieu funds must benefit the
residents of the project.
VC/Finnerty stated that Diamond Bar lost the benefit of Quimby Act in lieu
park fund monies because Los Angeles County put the money into an interest
bearing trust account and moved 15 years worth of interest into its General
Fund which resulted in 15 years of economic loss to the City. The funds were
no longer valued at the original $137,000. She further stated she would be
opposed to the City conducting business in the same manner.
CDD/DeStefano responded to Chair/Tye that Mr. Arciero absolutely could not
use part of the Quimby Act funds as part of the purchase price for the 6.5 acres.
By virtue of the City's approval of the project and the attached conditions, Mr.
Arciero may exercise the conditions as stated.
Responding to C/O'Connor, CDD/DeStefano stated he is not aware of any
other Arciero residential land holdings in Diamond Bar.
C/Law stated the City bought the property for $400,000 and Mr. Arciero has
offered to purchase the property for $1.3 million dollars. He asked
CDD/DeStefano if Mr. Arciero could use Quimby funds toward the purchase
of the City owned property. CDD/DeStefano responded that in his opinion, the
City would not entertain such an offer. Quimby funds are to be used
specifically for recreational facilities.
CDD/DeStefano confirmed Chair/Tye's comment that Mr. Arciero has
presented an offer to the City to purchase the property for $1.3 million dollars.
C/O'Connor asked why the City originally purchased the property.
CDD/DeStefano responded that the City purchased the land to control its
destiny. Four years ago the City's Master Plan incorporate a 30 acre piece of
commercial property which would have included the 6.5 acres under
consideration.
Chair/Tye stated he feels this is a "done deal". CDD/DeStefano responded to
Chair/Tye that the City Council has adopted a resolution of intent to sell the
property.
Chair/Tye commented that the property acquired in a swap would be six flat
acres of useable park space.
June 27, 1996 Page 9 Parks & Recreation
CDD/DeStefano responded indicating that the City paid $400,000 for property
and the question is whether swaping that property for another six acres is better
than obtaining $1.3 million dollars on a $400,000 purchase and using the
money to create a park or enhance park facilities.
VC/Finnerty asked if City Council intends to earmark the sale proceeds for
parks and park facilities. CDD/DeStefano responded to VC/Finnerty that staff's
recommendation is for the City Council to direct staff to proceed with the steps
necessary for the sale of the property and to deposit proceeds into a specific
park and facilities development fund.
C/Law stated he objects to the City making a profit in lieu of retaining the land
because the citizens will be cheated out of park facilities that the City lacks.
VC/Finnerty stated the City needs to add to its inventory of parks and not just
refurbish existing parks. She is concerned that if the City gives away 6.5 acres
it cannot be recaptured. She indicated she agrees with Chair/Tye.
CDD/DeStefano responded to C/Finnerty that the new area does not have a
landscape assessment. It is planned to be a Homeowners Association
controlled maintenance program for the perimeter open spaces. It will be part
of the overall Citywide landscape and maintenance district.
CDD/DeStefano referred C/Law to the Arciero Diamond Ridge project in
response to questions concerning the contractors product intent. Diamond
Ridge includes a substantial amount of open space. However, the project does
not include a park.
Responding to VC/Finnerty, CDD/DeStefano stated discussions regarding
Larkstone Park are proceeding between the City and the Walnut Valley School
District.
Responding to Chair/Tye, CDD/DeStefano indicated the City owns the excess
public road right-of-way and the four acres that used to house the water
reservoir for a total of 6.5 acres. Mr. Arciero originally intended to swap six of
his flat acres for the property the City owns. At this time, Mr. Arciero wants to
buy the 6.5 acres from the City and, through a separate process, propose an
additional 16 units.
Chair/Tye stated his understanding that the City currently holds six unusable
acres. CDD/DeStefano responded that the City's current property is hillside
property with an elevation change of about 100 feet between Brea Canyon
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June 27, 1996 Page 11 Parks & Recreation
Four pocket parks are owned by the original developers, and one pocket park adjacent to
Summitridge Park was acquired by the City through a delinquent property tax sale. Pocket
park maintenance is paid for by the property owners of District No. 39 through property tax
payments. Pocket parks are not included in the City's park inventory.
C/Medina stated a Senior Citizens Bowling League has been formed at the Oak Tree Lanes.
Oak Tree Lanes will provide free bowling and instruction on July 18 at 10:00 a.m.
ANNOUNCEMENT: The next City anniversary subcommittee meeting is scheduled to be
held at 9:00 a.m. on July 12 at City Hall.
ADJOURNMENT:
C/Law made a motion, seconded by VC/Finnerty to adjourn the meeting at 9:50 p.m. The
motion was approved 5-0.
Respectfully Submitted,
Bob Rose
Secretary
Attest:
Steve Tye
Chairman
CITY OF DIAMOND BAR
MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION
MARCH 14, 1996
CALL TO ORDER:
Chair Istik called the meeting to order at 7:05 p.m. at the South
Coast Air Quality Management District (SCAQMD) Hearing Room,
21865 East Copley Drive, Diamond Bar, California.
PLEDGE OF ALLEGIANCE:
The audience was led in the Pledge of Allegiance By Vice -Chair
Leonard.
ROLL CALL:
Commissioners: Chair Istik, Vice Chair Leonard,
Commissioners Nice, Tamaya, and Virginkar
Staff: Deputy Director of Public Works, David Liu;
Administrative Assistant, Tseday Aberra;
Sergeant Rawlings; and Recording Secretary,
Carol Dennis
SWEARING IN:
City Clerk Lynda Burgess administered the oath of office to
all commissioners.
I. APPROVAL OF MINUTES:
A. Meeting of February 8, 1996.
VC/Leonard made a motion, seconded by C/Virginkar
to approved the minutes as submitted. The motion
was carried 2-0-3 with the following roll call:
AYES: COMMISSIONERS: VC/Leonard, Virginkar
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: Chair/Istik, Nice, Tamaya
ABSENT: COMMISSIONERS: None
II. REORGANIZATION OF THE TRAFFIC AND TRANSPORTATION COMMISSION:
VC/Leonard declared the nominations open for Chair of the
Traffic and Transportation Commission for the term March,
1996 through February, 1997.
C/Nice nominated Chair/Istik. VC/Leonard seconded the
nomination.
March 14, 1996 Page 2 T&T Commission
There being no other nominations, VC/Leonard closed the
nominations.
Chair/Istik was re-elected to serve as Chair of the Traffic
and Transportation Commission for the term March, 1996
through February, 1997 with the following roll call vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
Nice, VC/Leonard, Tamaya,
Virginkar, Chair/Istik
None
None
None
Chair/Istik declared the nominations open for Vice Chair of
the Traffic and Transportation Commission for the term
March, 1996 through February, 1997.
Chair/Istik nominated VC/Leonard. C/Tamaya seconded the
nomination.
There being no further nominations, Chair/Istik declared the
nominations closed.
VC/Leonard was re-elected to serve as Vice Chair of the
Traffic and Transportation Commission for the term March,
1996 through February, 1997 with the following roll call
vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
II. COMMISSION COMMENTS:
Chair/Istik, Tamaya,
Virginkar, Nice, VC/Leonard
None
None
None
VC/Leonard welcomed the new Commissioners.
C/Nice stated he is grateful for the opportunity to serve on
the Traffic and Transportation Commission and assist the
citizens of Diamond Bar. He looks forward to helping the
City with the movement of traffic.
C/Tamaya stated he is pleased and honored to serve on the
Traffic and Transportation Commission. He appreciates the
support and faith shown by the City Council in appointing
him to the Commission. He indicated he used to take notes
March 14, 1996 Page 3 T&T Commission
when he was
listen and
He further
citizens of
a journalist and stated his main goal is to
learn as much as he can in the next few months.
stated he looks forward to input from the
Diamond Bar.
Chair/Istik stated it is a very challenging City with
respect to traffic.
III. PUBLIC COMMENTS
Craig Clute, 21217 Fountain Springs Road, welcomed the
new Commissioners and wished them good luck. He stated
he attended the Walnut Valley Unified School District
board meeting last week. He indicated he spoke to them
about the lack of cooperation from the school district
with respect to traffic considerations. He further
stated that the school superintendent indicated the
school district was unhappy with the City for not
advising them why they were invited to the February
Traffic and Transportation Commission meeting. Mr.
Clute indicated that the superintendent told him that
they were not given adequate time or details in order
to prepare for the meeting.
Mr. Clute stated he lives in an area that was recently
the subject of a Neighborhood Traffic Study. He
indicated that certain mitigation measures authorized
by the City Council were to have been put into
operation in January, 1996 and to date, these items are
still outstanding. He further stated that March was to
be the time that City staff reported back to the City
Council regarding the effectiveness of the mitigation
measures. He stated the stop signs, center line
striping, and red curb painting has not been completed
as authorized by the Council. He indicated there is
little enforcement with respect to the "No Left Turn"
sign posted at the Country Hills Towne Center
ingress/egress on Fountain Springs Road. He estimated
that the greater percentage of motorists exiting the
shopping center ignore the "No Left Turn" sign. He
requested an update on the City Council authorized
traffic mitigation measures and $10,000 that was
budgeted for Plan I. He indicated he felt there would
be sufficient money remaining for through traffic
studies in the area.
Mr. Clute stated the City needs to come to grips with
March 14, 1996 Page 4 T&T Commission
speeding in residential areas and decide what
mitigation measures will be taken. He further stated
the City seems to be hesitant to install stop signs,
speed bumps, chokers, etc.
Don Gravdahl, a Diamond Bar resident, stated he has
lived in the second house from the corner of Del Sol
Lane on Minneque Drive for approximately 29 years.
During his residency, his neighbor who lives on the
corner, has had two automobiles totalled by motorists
coming around the corner. He further stated that, as a
result of the center line striping on the opposite end
of Minnequa Drive, motorists are no longer driving on
the wrong side of the street. In addition, it appears
to him that the centerline striping has caused a
reduction in speed. He requested center striping at
the corner of Del Sol Lane and Minnequa Drive.
Mr. Gravdahl responded to C%Tamaya that he heard of one
lady who opposed double yellow centerline striping
because it would effect her country living. Another
person felt that centerline striping would effect the
property values. He suggested to C/Tamaya that the
Commission should only be interested in safety. He
stated that Diamond Ranch High School will be the main
thing to effect property values in his area.
C/Tamaya stated he has talked with resident in Mr.
Gravdahl's neighborhood. Several residents cited
property values and felt that double yellow centerline
striping did not have the impact on speeding traffic
that Mr. Gravdahl has asserted. However, the residents
felt that the centerline striping had a positive effect
with respect to illegal passing, particularly on Bower
Cascade Place. He further stated there are questions
regarding the compatibility of the double striping with
narrowness of Minnequa Drive where on street parking is
allowed on both sides of the street.
Mr. Gravdahl stated Minnequa Drive is 54 feet wide.
Chair/Istik stated that when Los Angeles County planned
the streets for Diamond Bar, they planned for no
collector streets. Every street leading into a large
residential area has homes on both sides. He indicated
he lives near Prospectors Road which is a cut -through
street from Sunset Crossing Road to Golden Springs
March 14, 1996 Page 5 T&T Commission
Drive. He stated Prospectors Road should have been
designed as a collector street with homes backing the
street. Instead, there are homes facing the street
with 55 and 60 foot frontages with cars parked in front
of the homes on both sides of the street. The Traffic
and Transportation Commission has no input with respect
to new development. However, he stated he would
encourage the City to require new development to build
a collector street entering because it has an effect on
all residents.
Frank W. Cho, 21842 Tenderfoot Way, stated he owns the
Fountain Springs Plaza building at the corner of
Fountain Springs Road at Diamond Bar Boulevard. He
stated he was notified by the City that the curb on
Fountain Springs Drive adjacent to his building would
be painted red and a "No Left Turn" sign would be
installed at the Country Hills Towne Center. He
further stated that he was not notified about the
Neighborhood Traffic Study either at his business or at
his home. He indicated that he receives a property tax
bill at his building. However, he never receives
notifications regarding hearings or traffic studies.
He stated that the City should consider the impact of
its mitigation measures to the businesses in the area.
He does not agree with the red curb on Fountain Springs
Road because, in his opinion, it is a quiet street and
is only business in the evening hours when the movie
theater closes. He stated that he did not believe
people would agree with the "No Left Turn" sign from
the theater parking because it is very inconvenient.
When he leaves the shopping center to take his children
to Diamond Bar High School he must make a right turn
onto Fountain Springs Road and go all the way around
the shopping center to get to the high school. He
stated he feels this is an excessive restriction. He
requested the Commission reconsider their
recommendation and remove the curb painting and the "No
Left Turn" sign to accommodate the businesses.
Chair/Istik responded to Dr. Cho that the City does not
provide on-site parking for businesses. In this case,
Dr. Chops building was permitted by Los Angeles County
and inherited by the City. Certain uses were assumed
for the building which would reduce the amount of
parking and enlarge the square footage of the building.
In many cases, this is to the benefit of the builder.
March 14, 1996 Page 6 T&T Commission
The neighborhood residents are concerned with cut -
through traffic. The residents of Fountain Springs
Road would prefer that motorists use Pathfinder Road as
an East/West cut through which would be safer.
DDPW/Liu responded to Chair/Istik that notices
regarding the Neighborhood Traffic Study were mailed to
residents within the area bounded by Pathfinder Road,
Diamond Bar Boulevard, and Brea Canyon Road. The
process has been on-going for over a year and many
notices and survey questionnaires were sent out. He
pointed out that Dr. Cho received notice of the
painting and signing. He apologized to Dr. Cho for any
oversight on the part of the City and indicated that
for any future notices he would be certain that Dr. Cho
receives all notifications.
Chair/Istik encouraged Dr. Cho to review the study and
contact DDPW/Liu at Diamond Bar City Hall.
Dr. Cho reiterated that he is requesting that the
Traffic and Transportation Commission reconsider the
red curb painting on Fountain Springs Drive between
Diamond Bar Boulevard and Crooked Creek Drive.
Dr. Cho responded to VC/Leonard that his building has a
total of 31 parking spaces for 8 businesses (2 suites
are currently vacant). He stated the City of Diamond
Bar should not have issued the building permit without
providing adequate parking.
Chair/Istik stated that the City has maintained that
City streets should be used for movement of traffic and
not for business parking.
Jerry Boykin, President, Chamber of Commerce and
resident of Diamond Bar, stated the Chamber of Commerce
supports Dr. Cho's request. He further stated there is
not sufficient parking for the business employees and
clients of the businesses. While he understands the
safety issues, there should be adequate parking
provided.
Chair/Istik stated that Los Angeles County may restrict
use of a building so that a high generation use is not
allowed. Such developments are not reviewed by the
Traffic and Transportation Commission.
March 14, 1996 Page 7 T&T Commission
Mr. Boykin stated he can understand red paint for the
corner of Fountain Springs Road and Diamond Bar
Boulevard, however, not for the rest of Fountain
Springs Road. This forces employees to park on the
side streets which creates concerns for the residents.
He stated that businesses in Diamond Bar are routinely
closing because the City is not mindful of the needs of
the business community. In his opinion, Dr. Cho should
not have been given a permit to build his building if
he was not going to be allowed sufficient parking. He
suggested that the City might consider daytime only
parking on Fountain Springs Road.
DDPW/Liu responded to Chair/Istik that Dr. Cho's
building is not part of the Country Hills Towne Center.
Mr. Boykin stated there is no access from the Country
Hills Towne Center to Dr. Cho's property. The only
entrances are from Fountain Springs Road and from
Diamond Bar Boulevard.
Dr. John Fonmin, 2707 S. Diamond Bar Boulevard #104,
stated he has lived in Diamond Bar for more than 10
years. Three of his children graduated from Diamond
Bar High School. He indicated he has been in practice
in Diamond Bar for six years at Dr. Cho's building and
has never observed an accident at the corner of
Fountain Springs Road and Diamond Bar Boulevard. He
stated that he wants to have ample parking for his
clients and has always parked his automobile on
Fountain Springs Road. Because of the red paint on the
curb, his patients are experiencing difficulties in
getting to his business. He indicated there is heavy
traffic toward the end of the business day because of
the dance school in Dr. Cho's building. He requested
the City to further study the situation and consider
removing the red paint.
Chair/Istik reiterated that the building is currently
occupied with uses that require more parking spaces
than were required to be provided at the time the
building was permitted. The uses of a center that
require very little parking are tightly controlled by
the City under the Conditional Use Permit process.
Prior to a building owner being allowed to rent a unit
to a tenant such as a dance school, a traffic study
would have to be conducted to show that the parking lot
March 14, 1996 Page 8 TAT Commission
is adequate to cover such a use. Parking on City
streets cuts down sight distance and increases the
potential for accidents. Any recommendation by the
Traffic and Transportation Commission to the City
Council includes consideration of traffic safety. If
the City Council chooses to set aside the
recommendation of the Commission, and consider a more
pressing issue, such as the desire of the property
owner to rent out to businesses which generate more
traffic than the parking lot can accommodate, that is
matter for discussion at a level other than the Traffic
and Transportation Commission.
C/Virginkar requested this item be placed on the agenda
for April.
Chair/Istik requested the item be placed on the April
agenda and that the property owner and Chamber of
Commerce be notified.
DDPW/Liu responded he will provide a complete packet of
the information regarding the Neighborhood Traffic
Study for the April Commission meeting.
VC/Leonard stated she is concerned with the overflow
parking on Rising Star Drive and the traffic exiting
the Country Hills Towne Center using Rising Star Drive
as a U-turn street.
C/Virginkar concurred with VC/Leonard.
Mr. Clute stated the intent of the Neighborhood Traffic
Study was to revisit the mitigation measures after six
months. Rather than take one issue at a time, he
suggested the Commission follow the original schedule.
C/Tamaya responded to Mr. Clute that he understands his
concerns, however, he knows of business that have
closed in six months or less and in his opinion, the
City should respond to the concerns of the Chamber of
Commerce.
Chair/Istik stated that the City is faced with a poorly
drawn and poorly enforced parking code on the part of
the County with respect to Mr. Chops building. In his
opinion, this should be considered by the City in order
for this circumstance is not repeated.
March 14, 1996 page 9 T&T Commission
V. CONSENT CALENDAR - None
VI. OLD BUSINESS
A. Traffic circulation and congestion at Golden
Springs Drive and Grand Avenue.
AA/Aberra stated that at the February 8, 1996
Traffic and Transportation Commission meeting,
Sergeant Mike Rawlings and Deputy John Steel
expressed their concern over the traffic
circulation and congestion at and in the vicinity
of Grand Avenue and Golden Springs Drive. Said
circulation and congestion concern is related with
the number of attendees of Calvary Chapel.
In the opinion of the Walnut Sheriff's Department,
additional mitigation measures are needed to
manage the traffic circulation and congestion in
the vicinity of Grand Avenue and Golden Springs
Drive. The proposed mitigation measures as
proposed by the Sheriff's Department on February
8, 1996 are as follows:
1. On Golden Springs Drive, utilize the most
southerly driveway for both ingress and
egress and restrict the northerly driveway
for egress only;
2. Direct vehicles which enter Calvary Chapel
off of the most southerly driveway of Golden
Springs Drive to the back of the church
before being permitted to park in the stalls;
3. Utilize the Grand Avenue driveway as an
ingress to the church; and
4. Manipulate the control for the traffic
signals at the intersection of Grand Avenue
and Golden Springs Drive.
This matter was agendized as an information item
for the February 8, 1996 Traffic and
Transportation Commission meeting. For this
month, it is formally agendized for discussion.
Calvary Chapel was represented at the February 8,
1996 Commission meeting and stated that they are
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March 14, 1996 Page 11 T&T Commission
benefit to traffic flow by manipulating the
control for the traffic signals at the
intersection of Grand Avenue and Golden Springs
Drive which would eliminate the safety hazard for
the Sheriff's Deputies. The church closed the
southerly entrance in compliance with the traffic
study. The traffic study recommended use of the
main entrance on Golden Springs Drive (the
northerly ingress/egress) and the entrance on
Grand Avenue. The church is following these
recommendations.
Chair/Istik stated the church shares property with
the proposed hospital site. He indicated the
intent of the signalized intersection east of
Golden Springs Drive on Grand Avenue was to
accommodate the condominium units (East side of
Grand Avenue), the hospital and Calvary Chapel.
This offers an opportunity for a left turn in and
out and to reduce the traffic congestion on Grand
Avenue.
DDPW/Liu responded to Chair/Istik that according
to the Planning Department certain construction
activities must be completed by April 15 for the
hospital project to meet the CUP requirements.
The City's Public Works Department has not yet
received the project grading plans for review.
One of the conditions for the hospital site is
that the main entrance will be at the current
signal on Grand Avenue east of Golden Springs
Drive.
Mr. Grant indicated that his understanding is that
the ingress/egress on Grand Avenue east of Golden
Springs Drive is to be used for emergency purposes
only.
Chair/Istik stated that he has reviewed the
traffic signals plans which indicate that the
intersection was constructed so that the traffic
signal is located at the split of the property
line between the hospital property and the church
property.
DDPW/Liu responded to Chair/Istik that the road in
question is a private road. In addition, the
March 14, 1996 Page 12 TAT commission
Planning Commission requested the hospital to
conduct a secondary access road study. He
recalled that the study indicated that a secondary
access road would be cost prohibitive due to the
grading activities and the easements requirements.
C/Nice stated he visited the site on Sunday, March
10 and spoke with the traffic officers who were
directing traffic. Regarding recommendation
number 3,.the traffic officers felt that the
traffic progressing southerly on Grand Avenue
proceeds at a rate of about 25 to 30 MPH. By the
time the traffic slows down for the Grand Avenue
entrance, the cars will be backed up across Golden
Springs Drive. He indicated he observed that
numerous vehicles exit the church onto Grand
Avenue, proceed easterly moving to the left lane
and make a U-turn at the traffic signal on Grand
Avenue east of Golden Springs Drive at the Diamond
Bar Villas. This causes a traffic backup on Grand
Avenue and, in his opinion, a traffic safety
hazard. He suggested a "No U -Turn" sign might
eliminate this hazard and improve the traffic
flow.
VC/Leonard stated she would like to have traffic
mitigation measure recommendations from the church
presented to the Commission. She suggested that
the church try the proposed mitigation measures to
determine the effectiveness, propose additional
mitigation measures to the City and report back to
the Traffic and Transportation Commission in
April.
Sgt. Rawlings responded to C/Virginkar that the
Sheriff's Department believes that the Grand.
Avenue entrance is not being fully utilized which
would alleviate the traffic backup on Golden
Springs Drive when vehicles are waiting to make a
left turn. As an alternative, if the vehicles use
the more southerly entrance on Golden Springs
Drive, this would help mitigate the backup on
Golden Springs Drive to Grand Avenue because there
would be more room for cars to stack up on Golden
Springs Drive.
C/Virginkar suggested the meeting between the
March 14, 1996 Page 13 T&T Commission
church and the City should happen immediately. He
indicated he thought that meeting was to have
taken place prior to the March Traffic and
Transportation Commission meeting.
Sgt. Rawlings responded to DDPW/Liu that the
Sheriff's Department would like to see
recommendation number 4 implemented as soon as
possible because of the safety hazard to the
deputies.
Deputy St. Amant stated that the deputies have
only about a one and one-half foot area in which
to work in the intersection. Because of this, the
deputies have been blocking the number two left
turn north bound lane on Grand Avenue which gives
the deputies an extra eight feet in which to work.
With two left turn lanes open in each direction on
Grand Avenue, it is very dangerous for the
deputies to stand in the intersection and direct
traffic.
C/Tamaya suggested that if the church has no
objection to recommendation No. 4, the Commission
could elect to recommend its implementation
immediately.
Mr. Grant responded to C/Tamaya that the church
would like to know the cost of implementing
recommendation No. 4. He indicated that the
church posted a $10,000 cash bond for traffic
signals as part of the Conditional Use Permit. He
suggested that this cash bond could be utilized
for implementation of recommendation No. 4.
DDPW/Liu responded to VC/Leonard that he has not
had an opportunity to discuss the cost of the
traffic signal with Los Angeles County Department
of Public Works. The County assumes a certain
position with respect to the liability incurred
for the maintenance of the traffic signals. The
City does not have access to any of the traffic
controllers.
St. Amant responded to Chair/Istik that a box
attached to the traffic control allows the deputy
to manually override the signal. The signal at
March 14, 1996 Page 14 T&T commission
Grand Avenue and Golden
currently have a manual
require modification.
Springs Drive does not
control box and would
VC/Leonard reiterated that the safety
considerations for the deputies will continue to
be an issue and she would like to have this matter
settled as quickly as possible.
C/Tamaya made a motion, seconded by C/Nice to
direct staff to immediately resolve the issue of
the traffic control device, and meet with Calvary
Chapel to consider additional traffic flow
mitigation measures. Without objection, the
motion was so ordered.
Chair/Istik requested DDPW/Liu to consider the
Grand Avenue entrance and the hospital site
entrance as part of the negotiations with Calvary
Chapel.
B. Policies/Guidelines for speed humps in the cities of
Pasadena, Chino Hills, and Walnut.
DDPW/Liu stated the studies/policies the cities of
Pasadena, Chino Hills and Walnut have provided are
included in the Commission's packets for review.
Included within the City of Chino Hills' comprehensive
study is the comparison of the policies (Table 1) used
by the cities of Los Angeles, San Diego, Calabasas,
Agoura Hills, Thousand Oaks, Westlake Village, and the
County of Los Angeles. The survey indicates that only
five of 27 cities have installed speed humps. Twenty
two cities have not installed any kind of speed humps.
Most of the jurisdictions that have considered the
speed humps have based their decisions on the
liabilities and the fact that the California Traffic
Control Device committee would not approve humps as an
official traffic control device.
DDPW/Liu pointed out that such issues as traffic
diversion, vehicle damage, speed variance and potential
loss of vehicles have been explored extensively by the
jursidictions considering a speed hump policy. The
City's City Attorney has rendered an opinion that the
advisability of installing speed humps depends on the
risk benefit analysis. If the City wishes to install
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March 14, 1996 Page 16 T&T Commission
Chair/Istik stated his belief that speed humps cause
motorists to slow down and botts dots create noise for
the residents.
Chair/Istik requested staff to bring its recommendation
to the Commission assuming adoption of a speed hump
policy by the City Council.
Sgt. Rawlings stated the City of Walnut adopted a speed
hump policy over a year ago and, to his knowledge,
there are no speed humps installed in Walnut at this
time.
Craig Clute stated he does not want to hear vehicles
running over botts dots in his neighborhood throughout
the day and night. He suggested that the Commission
should decide on a speed hump policy because it will
continue to be an issue for the City. He suggested a
street choker policy should be studied by the
Commission as an alternative to speed hump
installation. The traffic study for his neighborhood
recommended installation of street chokers which is on
hold at the City Council level. The City needs to make
a decision on a policy to combat through traffic and
speeding traffic.
Chair/Istik recommended that staff provide the new
Traffic and Transportation Commissioners with a copy of
the Heritage Park Traffic Study.
DDPW/Liu proposed placing the speed hump issue on the
agenda for May or June.
VC/Leonard made a motion, seconded by C/Virginkar to
direct staff to prepare a draft policy recommendation
for the Commission's consideration.
VII. NEW BUSINESS - None
VIII. STATUS OF PREVIOUS ACTION ITEMS:
DDPW/Liu stated the striping of the south side of the
Pathfinder Bridge is scheduled to go before the City
Council on Tuesday, March 19, 1996.
DDPW/Liu stated the "Do Not Block Intersection" at
Cherrydale Drive and Crooked Creek Drive was approved
March 14, 1996 Page 17 T&T Commission
by the City Council on March 5, 1996.
IX. ITEMS FROM COMMISSIONERS:
C/Tamaya stated he has driven Minnequa Drive and finds
it very difficult with cars parked on both sides of the
street. He indicated he has been approached by many
residents who feel that center striping/double striping
will not deter speeding traffic. In addition, they
indicate that striping reduces property values, does
not look good, takes away from the country living
atmosphere and gives the wrong perception, etc. He
suggested the City should be consistent with respect to
striping of streets.
VC/Leonard concurred with C/Tamaya.
DDPW/Liu responded that the City follows the California
Vehicle Code/CalTrans requirements for street striping.
Since incorporation, double yellow lines have been
installed on specific residential streets where there
are grade or curvature conditions. The current
striping on Highland Valley Road and Sunset Crossing
Road was installed by Los Angeles County. The City, as
part of the resurfacing program, will consider the
striping issue and there will be consistency in its
application. The City does not want to make any
drastic changes when the current practice is working.
C/Nice stated the Fountain Springs Road issue hits
close to home for him since he lives on Rising Star
Drive close to Fountain Springs Road. Rising Star
Drive is a narrow street and if vehicles are parked on
both sides of the street, only one vehicle at a time
can pass through the center. When the Krikorian
Theater was built, one of the promises made was that
the driveway on Fountain Springs Road would be used for
walkway only and not for vehicle traffic. Sometime
between the commitment and construction, it became a
drive through. With the current policy of a "No Left -
Turn" sign at the Country Hills Towne Center, either
the motorists turn left or they turn right and make a
U-turn at Rising Star. He suggested that if the "No
Left -Turn" sign remains at the driveway, it should be
enforced. In addition, there should be no U -Turn
permitted at Rising Star Drive.
March 14, 1996 Page 18 T&T Commission
Sgt. Rawlings responded to C/Nice that the U-turn at
Rising Star Drive would not be illegal. He cited the
Vehicle Code which states that in a residential area it
is illegal to make a U-turn if there is approaching
traffic within 200 feet. With respect to enforcement,
some motorists will disobey the "No Left Turn" sign.
He indicated the Sheriff's Department could issue token
citations, however, he does not feel enforcement will
be a deterent to what the motorists see as an
"unreasonable prohibition".
C/Nice stated that he views the "No Left Turn" sign as
useless. The sign should be eliminated or other
mitigation measures should be investigated.
Chair/Istik stated there was consideration given to a
"Right-Turn-In"/"Right-Turn-Out" curb construction at
the location.
C/Nice stated he would be in favor of closing the
driveway.
DDPW/Liu responded to VC/Leonard that the driveway in
question has been discussed numerous times. Any
further restrictions on the driveway would have to be
coordinated with the Country Hills Towne Center
management company.
DDPW/Liu responded to VC/Leonard that any changes, with
respect to the red curb striping on Fountain Springs
Road at Diamond Bar Boulevard would be at the direction
of the City Council. City Council is interested in
conducting more workshops with the residents with
regard to the Neighborhood Traffic Study.
Chair/Istik stated he spoke at the Town Hall Meeting in
February regarding the narrowing of Sunset Crossing
Road from the southbound SR 57 off -ramp to the City of
Industry boundary and the potential cul-de-sacing of
Sunset Crossing Road. Currently, Sunset Crossing Road
is approximately 60 feet in width from curb to curb
with two lanes in each direction plus a median. By
narrowing the road, commercial trucks could not utilize
the street for direct access to the SR 57 and the City
would maintain its intention for Sunset Crossing Road
to remain a residential street. If the City abandons
the access right-of-way some of the homes bordering
March 14, 1996 Page 19 T&T Commission
Sunset Crossing Road would be afforded larger setbacks.
He suggested the Traffic and Transportation Commission
could discuss this matter at the April meeting and make
a recommendation to the City Council.
DDPW/Liu stated the City Council approved the cul-de-
sacing of sunset Crossing Road in February. In
December, 1995, the City's staff recommended a three
phase approach for closing Sunset Crossing Road: First
Phase, cul-de-sacing; second phase, preparation of a
concept plan, and third phase, construction of roller
hockey or skate board facilities deemed appropriate.
There will be a public process involved in
implementation of these three phases. A consultant has
been engaged by the City to assist in the preparation
of the concept plan. The contract for the cul-de-
sacing has been awarded and the project is on hold
until Walnut Valley Water District completes the
installation of a 30 inch main line in May.
Chair/Istik stated it is his opinion that the Traffic
and Transportation Commission does not need the Monthly
Traffic Enforcement Update from Sgt. Rawlings. If
there is a large traffic problem, the Sheriff's
Department would report the problem to the City staff
and make a recommendation for resolving the problem.
C/Virginkar responded to C/Tamaya that he requested the
report.
Sgt. Rawlings stated he did not intend to report on the
location of accidents. He indicated his report is
statistical in nature.
X. ITEMS FROM STAFF:
A. Citations issued for the month of February, 1996.
Sgt. Rawlings reported 12 injury traffic
collisions with two fatalities. He indicated two
fatalities in one month is very unusual since the
City averages three or four fatalities per year on
the surface streets. He stated that one of the
fatalities occurred on a restaurant parking lot
and property collisions are not usually included
in the calculation of the effectiveness of a
traffic program. He further stated that
March 14, 1996 Page 20 TAT commission
approximately one-half of the accidents are
"report of pain" only. He continued stating there
were a total of 41 non -injury traffic collisions,
one DUI collision (property damage only) and five
DUI arrests. There were a total of 15 people
injured, two fatalities, one fatal pedestrian
collision, three injury collisions, and one
property damage only hit and run traffic
collision. There were 477 radar citations issued,
20 safety belt citations issued, two child
restraint citations issued, for a total of 571
hazardous citations issued. There were 51 non-
hazardous citations issued and 100 parking
violations issued. The enforcement index for
February was 47.9 (hazardous citations issued for
each injury traffic collision).
DDPW/Liu responded to VC/Leonard that if the
Commission feels the Monthly Traffic Enforcement
Update information is beneficial to the Commission
and/or the public, he sees no harm in receiving
the information. He indicated that the statistics
may only be useful to the Sheriff's Department.
When issues regarding circulation or safety arise,
the Sheriff's Department communicates the issues
to the City for mitigation.
Sgt. Rawlings responded to VC/Leonard that any
problems are referred by the Sheriff's Department
to the City.
Chair/Istik stated problems with potential
liability to the City should not be discussed in a
public forum.
C/Virginkar stated that the Commission decided to
obtain the enforcement information to address
citizen's concerns regarding traffic enforcement.
He indicated that it is his opinion that the
report does not require a significant amount of
time and is of some value to the Commissioners.
C/Nice stated the information is interesting.
However, unless there is a particular trend in a
particular area, the Commission does not know
where things are occurring. He questioned the
benefit of the information.
March 14, 1996 Page 21 T&T Commission
C/Tamaya suggested the information could be passed
to the Commissioners in written form for inclusion
in the Commission packets.
Chair/Istik stated the information is available in
the Windmill. He indicated there is much more
that the Sheriff's Department does than issue
citations and he does not want to over emphasize
the need to give tickets in the City. He would
like to leave it to the Sheriff's Department to
decide what is important and discuss the matter
with the staff.
Sgt. Rawlings responded VC/Leonard and to C/Tamaya
that the information is a report that he must
prepare for as part of his job description.
However, the information is not available in time
to be included in the packet in written form.
VC/Leonard stated she is primarily interested in
the index figure.
C/Virginkar stated he is interested in trends.
Mr. Clute stated he supports the Monthly Traffic
Enforcement Update report as a channel of
communication and an indication of trends.
C. Future Agenda Items.
DDPW/Liu stated the April 11, 1996 Traffic and
Transportation meeting will be the first workshop
and public meeting regarding the Neighborhood
Traffic Study for the Rolling Knoll Road and
Country View Drive area. Surveys will be mailed
next week to the residents in the area notifying
them that the study is in process and that they
will have an opportunity to express their views
before the Commission.
XI. INFORMATIONAL ITEMS:
A. Status of the Diamond Bar Park -n -Ride Lot
Expansion located on Diamond Bar Boulevard.
DDPW/Liu stated the information is contained in
the Commission packet.
March 14, 1996 Page 22 T&T commission
B. California Contract Cities Association Workshop.
DDPW/Liu stated the Commissioners Workshop is
scheduled for March 30, 1996. Anyone who wishes
to attend should call the Public Works Department.
The City will pay the admission fee.
VC/Leonard encouraged the Commissioners to attend.
She indicated she found the workshop to be very
helpful.
DDPW/Liu responded to C/Virginkar that prior to
meeting with the Walnut Valley Unified School
District, he is preparing a list of objectives.
The traffic study will involve all of the school
districts, PTA's, etc. Staff intends to agendize
the item for May.
C/Virginkar requested .staff to provide an aerial
photograph of the schools and streets in the
surrounding areas.
VC/Leonard reminded staff that she and C/Virginkar
volunteered to meet with the Walnut Valley Unified
School District to solicit their cooperation in
the study. She suggested staggered school times
should be addressed with the school districts as a
possible solution to the traffic flow problem.
C. verbal Update: "No Parking Anytime" signs on
Fountain Springs Drive, between Diamond Bar
Boulevard and Crooked Creek Drive.
DDPW/Liu stated that at the February Traffic and
Transportation Commission meeting, a concerned
resident suggested that there were too many "No
Parking Anytime" signs on both sides of Fountain
Springs Drive between Diamond Bar Boulevard and
Crooked Creek Drive. He suggested that one or two
signs could be removed. He indicated this item
could be handled administratively.
D. Written Update: Neighborhood Traffic Study for
the Rolling Knoll Road, Country view Drive, and
Quail Summit Drive area.
DDPW/Liu stated the written information is
March 14, 1996 Page 23 T&T Commission
contained in the Commissioner packet.
XI. ADJOURNMENT
There being no further business to conduct, Chair Istik
adjourned the meeting at 9:50 p.m.
Respectfully,
David G. Liu
Secretary
Attest:
Jack Istik
Chairman
CITY OF DIAMOND BAR
MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION
APRIL 11, 1996
CALL TO ORDER:
Chair Istik called the meeting to order at 7:05 p.m. at the South
Coast Air Quality Management District (SCAQMD) Hearing Room,
21865 East Copley Drive, Diamond Bar, California.
PLEDGE OF ALLEGIANCE:
The audience was led in the Pledge of Allegiance By Commissioner
Nice.
ROLL CALL:
Commissioners: Chair Istik, Vice Chair Leonard,
Commissioners Nice, Tamaya, and Virginkar
Staff: Deputy Director of Public Works, David Liu;
Administrative Assistant, Tseday Aberra;
Sergeant Rawlings; and Recording Secretary,
Carol Dennis
I. APPROVAL OF MINUTES:
A. Meeting of March 14, 1996.
DDPW/Liu corrected the adjournment time to 9:53 p.m.
VC/Leonard made a motion, seconded by C/Virginkar to
approve the minutes as corrected. Without objections,
the motion was so ordered.
II. COMMISSION COMMENTS - None
III. PUBLIC COMMENTS
Hubert Wilson, 23649 Country View Drive, requested an
update regarding the shopping cart fixtures located in
the fire lane at the K -Mart shopping center on Diamond
Bar Boulevard. He stated he understands that K -Mart
received a citation for this violation from the Los
Angeles County Fire Department. However, the
structures are still located in the fire lane. He
emphasized the safety hazard due to the violation.
DDPW/Liu responded to Chair/Istik that staff will
contact the fire department and K -Mart seeking
compliance and respond to Mr. Wilson.
Chair/Istik requested that in the event of non-
compliance by K -Mart, that the item be agendized for
April 11, 1996 Page 2 T&T Commission
the May Traffic and Transportation Commission meeting
with a recommendation from staff for mitigation
measures.
Debby O'Connor, 23725 Bower Cascade Place, indicated
she made a request to three of the Traffic and
Transportation Commissioners that the double yellow
line striping in Diamond Point 1 area item be placed on
tonight's agenda. She stated she is very disappointed
that the item was not placed on tonight's agenda. She
requested the item be placed on the May agenda. In
addition, she requested to know why a Neighborhood
Traffic Study is not being conducted in her area.
DDPW/Liu responded to Debby O'Conner that the double
yellow line striping in Diamond Point 1 area has been
in place for approximately two months. The issue has
been before the Traffic and Transportation Commission
and the City Council. There is currently no action
being taken with respect to this item.
C/Tamaya requested the double yellow line striping in
Diamond Point 1 area item be placed on the May agenda.
Without objections, the Commission concurred.
C/Virginkar asked that staff issue a recommended draft
policy for the striping of residential streets.
David O'Connor, 23725 Bower Cascade Place, stated his
home is located on the corner of Bower Cascade Place
and Minneque Drive. He is concerned about safety and
speeding in the area. He indicated he has seen
Sheriff's Deputies patrolling the street and, in his
opinion, a very heavy presence by law enforcement and
the citing of violators will eventually bring the
speeding vehicles under control.
Tom Ortiz, a Diamond Bar resident, stated that Glen
Thomas, 1954 Los Cerros Drive, is concerned about sight
blockage at the stop signs at Los Cerros Drive and Fern
Hollow Drive. He indicated that Mr. Thomas has a
recommendation for mitigation and would like to be
contacted by the City staff. Mr. Ortiz requested that
the Traffic and Transportation Commission set a time
limit on recommendations to the City Council. Mr.
Ortiz pointed out that there is valuable information
contained in the Diamond Bar Recreation Guide and
April 11, 1996 Page 3 T&T Commission
Newsletter and asked the Commission to educate the
citizens with respect to the publication. He cited
page 21 of the publication as being particularly
valuable and informative. He reminded the Commission
that he is very interested in the safety concerns
regarding school traffic. He asked if the video of the
Placentia school site he had requested when he was a
Traffic and Transportation Commissioner had been
completed by the City staff. He requested that the
Commission continue to have Sgt. Rawlings present the
Monthly Traffic Enforcement Update. He further
requested enforcement of street parking violations.
DDPW/Liu responded to Chair/Istik that the City is
proceeding with the school traffic study and the item
will be agendized for the May or June Traffic and
Transportation Commission meeting. He indicated that
if staff requires assistance he will contact Mr. Ortiz.
Raul Medina, 23852 Country View Drive, reminded the
audience that the Sounds of Diamond Bar 7th anniversary
celebration will be held Sunday, April 14 at,Peterson
Park from 1:00 p.m. to 5:00 p.m. He asked the
Commission to consider the impending increased traffic
flow on Grand Avenue as a result of the large new
shopping center in Chino Hills.
Craig Clute, 21217 Fountain Springs Road, presented a
letter to the Commission regarding speed humps in Chino
Hills. He requested an update with respect to the
Calvary Chapel traffic item. He further requested an
update on the school traffic situation and asked
whether the Walnut Valley Unified School District had
been contacted for their cooperation in the effort. He
indicated that center line double yellow striping that
was to have been installed three months ago on Cold
Springs Lane between Diamond Bar Boulevard and Castle
Rock Road has not been completed.
Chair/Istik responded to Mr. Clute that the May 9
Traffic and Transportation Commission agenda includes
discussion of the school district traffic. A
discussion of a speed hump policy for the City is
scheduled for the June 13 Commission meeting.
V. CONSENT CALENDAR - None
April 11, 1996 Page 6 T&T Commission
VI. OLD BUSINESS
A. Parking for occupants of 2707 South Diamond Bar
Boulevard.
AA/Aberra stated that at the direction of the Traffic
and Transportation Commission, staff investigated the
Conditional Use Permit issued by the County of Los
Angeles to Dr. Frank Cho for his building located at
2707 South Diamond Bar Boulevard. The staff report
outlines the date and circumstances of the approval and
the concerns outlined by the City's Planning Department
with respect to the number of allocated parking spaces
and the permitted uses. Staff recommends that the
Traffic and Transportation Commission discuss the
parking restriction on Fountain Springs Road from
Crooked Creek Drive to Diamond Bar Boulevard and
request staff to incorporate the comments with the
upcoming evaluation/study.
DDPW/Liu responded to C/Virginkar that the
recommendation for the red curb was included in the
Neighborhood Traffic Study to improve the traffic
circulation and the site restriction. This item was
included in the recommendation forwarded by the Traffic
and Transportation Commission to the City Council to
adopt Part I of Plan I improvements.
Frank W. Cho, D.D.S., 21842 Tenderfoot, stated he is
the owner of the building located at 2707 South Diamond
Bar Boulevard. He further stated he obtained a
building permit from Los Angeles County. He indicated
he has 10 businesses and 31 parking spaces at the site.
He reiterated that he was not informed by the City
about the Neighborhood Traffic Study and he had no
opportunity for input at the public hearings. He
stated the businesses in his center suffer greatly from
the painted red curb. He asked the Commission to
consider removing the red paint and allowing vehicular
parking on Fountain Springs Drive between Diamond Bar
Boulevard and Crooked Creek Drive. He indicated he
feels that the red curbing represents over regulation.
Fred Scalzo, Diamond Bar Chamber of Commerce, stated
that in 1992 a traffic study was conducted for the
Country Hills Towne Center area. The study determined
that there was no reason to inhibit parking on Fountain
April 11, 1996 Page 5 T&T commission
Springs Drive and, in his opinion, there is currently
no reason to inhibit street parking. He further stated
that the tenant's employees count on off-site parking
in order not to restrict the on-site parking that is
available for customer use. He asked that the
Commission carefully consider the interests of the
businesses of Diamond Bar since 25% to 30% of the
City's budget is derived from sales tax on retail
centers like Dr. Cho's center. He urged the Commission
to assist Dr. Cho by recommending that the red curb
paint be removed from Fountain Springs Drive.
John Fonmin M.D., 2707 S. Diamond Bar Boulevard, Suite
104, stated his patients are experience difficulty
getting to his facility because of the limited parking.
He expressed his concern for patients with arthritis or
other trauma who cannot walk long distances and must
park close to the office. He requested that the
Commission request removal of the red curb paint on
Fountain Springs Road to accommodate the businesses.
Mr. Clute suggested the Commission look at the
Conditional Use Permit granted Dr. Cho. He indicated
that a prior Traffic and Transportation Commissioner
stated that, in his opinion, Dr. Cho is in clear
violation of the CUP. Mr. Clute stated that he is not
anti -business. However, he is very concerned with the
traffic through his neighborhood. He asked if the City
is going to allow business parking on residential
streets. In addition, he pointed out the safety issues
with street parking. He questioned whether the parking
was ever adequate for 10 businesses at that location.
He urged the Commission not to allow business parking
on residential streets.
Sheri Liebe, INA Dance Studio, 2707 S. Diamond Bar
Boulevard, Suite 205, presented a petition to the
Commission which calls for the removal of the red curb
on Fountain Springs Road. She asked the Commission to
consider removing the red paint from the business
driveway of 2707 S. Diamond Bar Boulevard north to the
ingress/egress for Country Hills Towne Center on the
south side of Fountain Springs Road. She stated that
her dance studio offers classes through the City's
Parks and Recreations Department in a joint effort with
the City of Brea called "Mommie and Me". The students
are 14 months to two years old and therefore must be
April 11, 1996 Page 6 T&T commission
accompanied by an adult.
Chair/Istik pointed out that the conditions for the
dance studio tenant improvements states that the class
size is not to exceed eight students and that the
parents are not to remain on site to watch the classes.
He indicated that this restrictive condition was
apparently imposed because of the concern for lack of
parking. In addition, the conditions state that if
larger or adult classes are taught during non -peak
hours, the studio is required to apply for a shared
parking Conditional Use Permit or Variance.
Ms. Liebe stated that although 90 percent of her
students are dropped off, she has students in need of
parking because of the classes offered through the
City.
Ms. Liebe responded to C/Nice that she has not
attempted to comply with the shared parking Conditional
Use Permit condition. She indicated she is not certain
that she agreed to the tenant improvement conditions
when she signed her lease.
Dr. Cho stated he has attempted to contact the Country
Hills Towne Center to discuss shared parking and they
have not responded.
Ms. Liebe responded to C/Nice that as a result of the
City classes she may have up to 14 students per "Mommie
and Me" class plus 14 parents. She asked for direction
from the Commission.
Dr. Cho responded to C/Tamaya that he has an easement
to construct a stairway between Country Hills Towne
Center and his property. He indicated he has made
several attempts to contact the owner of the shopping
center. He stated that the owner has no interest in
entering into a contract to share the parking. He
indicated that he is a dentist and he has not lost
patients. However, the lack of parking is hurting
other businesses in his building. He would be
agreeable to removal of the red paint on the south side
of Fountain Springs Road from his building's driveway
westerly to the Country Hills Towne Center ingress/
egress.
April 11, 1996 Page 7 T&T Commission
Robert Baltis, 22720 Timbertop Lane, stated there are
no residential addresses on the portion of Fountain
Springs Road that is painted red. Therefore, it is not
a residential street.
C/Virginkar stated that he has observed the traffic on
Montefino Avenue and on Fountain Springs Road. In his
opinion, there is a much heavier traffic flow from
Montefino Avenue onto Diamond Bar Boulevard and there
is no red curbing in that area. He sees both areas as
similar and if one location has the red curbing the
other location should have the red curbing. He further
stated he is concerned that the City should have a
policy regarding red curbing. He suggested the red
curbing should be removed from Fountain Springs Road.
DDPW/Liu responded to VC/Leonard that public input was
solicited for the Neighborhood Traffic Study. As a
result, a list of recommendations were presented to the
Traffic and Transportation Commission. The red curb on
Fountain Springs Road is a direct result of the input
received and forwarded as a recommendation from the
Traffic and Transportation Commission to the City
Council for implementation. Due to safety issues, the
curb on the north side of Fountain Springs Drive must
remain red from Diamond Bar Boulevard to Rising Star.
However, the red curbing for the south side of Fountain
Springs Road from the driveway of the building at 2707
Fountain Springs Road west to the Country Hills Towne
Center driveway could eventually be re-evaluated. The
City Council will be conducting public workshops to
evaluate all of the mitigation measures initiated as a
result of the Neighborhood Traffic Study.
VC/Leonard stated that the City Council took action on
the "No Left Turn" sign at the Country Hills Towne
Center ingress/egress at Fountain Springs Road. She
asked if the intent is to group all of the mitigation
measures or deal with each mitigation measure
individually. She further stated she is confused about
the City Council action.
DDPW/Liu responded to VC/Leonard that the first City
Council Neighborhood Traffic Study Public Workshop will
be held in May.
C/Nice stated he spent four hours on a weekend
April 11, 1996 Page 8 T&T Commission
canvasing the neighborhood. He indicated that he feels
the red curbing on the residential side of Fountain
Springs Road is essential. However, the residents
voiced almost no objection to removing the red curbing
on the south side of Fountain Springs Road and
indicated they did not feel that parked vehicles
created a hazard in that area.
Chair/Istik stated his opinion that, as a Civil
Engineer, it is not feasible to plan business parking
on residential streets. In the event that an
additional lane is ever needed and the street needs to
be restriped, such an action hurts the businesses.
Staff has provided a report indicating the uses of the
building at 2707 Fountain Springs Road has changed from
the intent of the original CUP. The current uses are
more intense and require additional parking. He stated
he would not be in favor of recommending any action to
the City Council tonight and instead follow staff's
recommendation and revisit the item during the re-
evaluation period. It is incumbent upon the owner of
the building to comply with the City's condition of
securing additional parking spaces.
Mr. Baltis asked why the City has not red striped
Palomino Drive at Diamond Bar Boulevard. The street is
just as narrow as Fountain Springs Road.
Mr. Scalzo stated he would like to see the Commission
take action tonight to remove the red striping on the
south side of Fountain Springs Road. He indicated he
agrees that buildings should not be developed with the
proposal to use off-site parking. However, this
location was developed with off-site parking available.
C/Virginkar made a motion, seconded by C/Tamaya, to
remove the red curb paint on both sides of Fountain
Springs Road westerly from the 2707 building driveway
to Crooked Creek Drive.
Chair/Istik stated he would prefer to wait until the
DKS study is completed and would not be in favor of
removing the red curb at this time. He suggested the
City intervene with the Country Hills Towne Center to
reach a compromise to temporarily assist Dr. Cho with
his parking dilemma.
April 11, 1996 Page 9 TiT Commission
C/Tamaya asked C/Virginkar for clarification of his
motion. C/Tamaya stated that because Dr. Cho has made
a good faith effort to work with the owner of Country
Hills Towne Center and because Dr. Cho has not received
any cooperation from the center, he indicated he would
be inclined to consider removal of the red curb paint
on the south side of Fountain Springs Road between Dr.
Cho's building driveway and the shopping center
driveway based on the following: it appears that Dr.
Cho has complied with the CUP conditions. Based upon
C/Nice's survey, there were virtually no objections to
removing the red paint on the south side of Fountain
Springs Road. If the City is successful in negotiating
additional parking with the shopping center, the
Commission could consider restoring the red curb.
C/Tamaya further stated that he would like to see the
line of sight clear on at least one side of Fountain
Springs Road. He requested that C/Virginkar amend his
motion.
VC/Leonard stated she is in favor of continuing with
the Neighborhood Traffic Study review period prior to
initiating any changes. However, one item has been
changed by the City Council, and she indicated she
would be in favor of recommending removal of the red
paint on the south side only.
C/Virginkar amended his motion. He stated his reason
for recommending removal on both sides of Fountain
Springs Road is because of the inconvenience to the
residents, particularly the residents on Rising Star
Drive.
DDPW/Liu responded to VC/Leonard that the red curbing
is currently located on both sides of Fountain Springs
Road from Diamond Bar Boulevard to Crooked Creek Drive.
Chair/Istik reiterated that he would like to see the
Commission support the traffic study as it was
recommended to and approved by the City Council. The
Commission is not supporting the Planning Commission
and the Planning Department staff's recommendations.
The exception is contemplated because the property
owner is not following the conditions under which he
agreed to operate.
C/Virginkar restated his motion to recommend to the
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April 11, 1996 Page 11 T&T Commission
stated that his firm will continue receiving responses
for the next two weeks and encouraged all citizens to
participate. He indicated the traffic study area is
served by four entrances and exits, two each on Diamond
Bar Boulevard and Grand Avenue. Two streets are
signalized and two streets are not signalized. He
pointed out the restrictions during peak travel
periods. He indicated some minor violation of the
traffic restrictions is occurring which is typical of,
the five to eight percent overall traffic restriction
violation rate. He stressed the importance of
considering the impact of these violations in
comparison to the traffic diversion.
Mr. Foust stated his firm will actively seek input from
the schools because the schools account for a
significant amount of traffic in the area. With
respect to the survey response, he indicated the
residents expressed the following concerns: 75%
traffic, 13% speeding, 20% cut -through traffic, 20%
volume and 20% school traffic. He stated that the
expression of concern for perceived "volume" and "cut -
through" traffic is really an expression of concern
regarding "speed" of traffic. He cited a Stanford
Research study which supports this notion. He
indicated that as a result of the survey, his firm will
emphasize the monitoring of the speed of the traffic in
the neighborhood.
Mr. Foust indicated that virtually all questionnaire
responses site enforcement as an issue in resolving
traffic problems. However, mitigation measures will
need to include solutions which will not depend on law
enforcement. He indicated that traffic signals have
not been a successful strategy for preservation of
neighborhoods and lowering of traffic. Traffic signals
can tend to draw traffic. He stated 15% of the
respondents to the questionnaire requested traffic
barriers and 12% of the community has indicated an
interest in having speed humps.
Mr. Foust stated the 24 hour traffic counts are as
follows: Grand Avenue 36,550; Rolling Knoll Road 1900;
Quail Summit Drive 3400; Mountain Laurel Way 2000, and
Country View Drive 260. The residents indicated that
50% of the community uses Quail Summit Drive on a daily
basis; 25% use Rolling Knoll Road; 25% use Mountain
April 11, 1996 Page 12 T&T Commission
Laurel Way, and about 2 or 3% use Country View Drive.
Mr. Foust stated the residents' assessment corresponds
with the traffic uses determined by firm.
Mr. Foust further estimated that in accordance with an
average 10 trips per day per household, 5,000 to 6,000
trips per day are generated by the residents and 600 to
1,000 trips per day are generated by the schools in the
area.
Mr. Foust surmised that by applying the average 10
trips per day per household, the neighborhood residents
account for approximately 5,000 daily trips and the
schools account for approximately 500 with a cut -
through potential of approximately 2,000. It appears
that signs have effectively treated the peak period
cut -through traffic problems.
Mr. Foust indicated that as a result of this traffic
study, his firm will examine the delay at the
intersection of Grand Avenue and Diamond Bar Boulevard
as opposed to cutting through the neighborhood in
question. he stated they will conduct a license plate
survey of the schools to determine where the traffic is
entering and exiting the neighborhood.
Mr. Foust concluded stating the next workshop will be
an identification and evaluation of the alternative
mitigation measures developed through the study. He
reiterated that the initial community input portion of
the study is crucial to a satisfactory conclusion.
Mr. Foust responded to C/Virginkar that the numbers of
residential trips through the neighborhood as opposed
to the number of cut -through trips is fairly typical
and may even be on the lower side of the scale (40%)
with respect to neighborhoods involved in neighborhood
traffic studies.
In response to C/Nice the 18% cut -through figure is
probably low due to the fact that previous mitigation
measures were instituted as a result of a previous
traffic study for the area.
DDPW/Liu responded to VC/Leonard that a resident
requested a crosswalk at Quail Summit Drive and Diamond
Bar Boulevard. As a result, the City conducted a full
April 11, 1996 Page 13 T&T Commission
scale traffic signal study for Quail Summit Drive at
Diamond Bar Boulevard and for Montefino Avenue at Grand
Avenue.
DDPW/Liu responded to C/Virginkar that the study
determined there was not sufficient justification for
the signal at Quail Summit Drive. However, a signal
was approved for Montefino Avenue at Grand Avenue.
Because of the alignment of the driveway into Montefino
Center at Quail Summit Drive, a traffic signal
installation was not feasible.
Mr. Foust stated that there would be a significant
civil engineering consideration if.a signal was
installed at the Quail Summit Drive and Diamond Bar
Boulevard location. The installation would require a
reconstruction of the driveway and possible parking lot
recirculation at the Montefino Center opposite Quail
Summit Drive. As the driveway exists, the left turns
would be in conflict.
VC/Leonard recalled that the Commission voted not to
recommend the installation of a crosswalk at Quail
Summit Drive and Diamond Bar Boulevard because a
crosswalk gives the user a false sense of security.
Jerry Hamilton, 1429 Copper Mountain Drive, stated he
feels sorry for his neighbors on Rolling Knoll Road.
He reminded the Commission that eight years ago a study
of his neighborhood revealed that the installation of
traffic barriers would significantly impede emergency
vehicle response time. He indicated that a fire in the
area might result in traffic gridlock. He further
stated that the previous study revealed that the
problem of speeding primarily caused by the
neighborhood residents. The traffic flow problem is a
citywide problem and, in his opinion, another outlet
highway is needed to divert the traffic away from the
city.
Don Lemly, 1387 Rolling Knoll Road, stated he and his
wife initiated the previous Neighborhood Traffic Study.
He indicated he believes that the "No Right Turn" and
"No Left Turn" signs have significantly mitigated the
cut -through traffic in his neighborhood. He estimated
that the speeding has increased and whether it is an
internal or external problem is immaterial. He asked
April 11, 1996 Page 14 T&T Commission
that the consultant and the Commission address the
traffic volume and the speeding issue.
Mr. Foust responded to Mr. Lemly that his firm will be
conducting a license plate survey of entering and
exiting traffic. If cut -through traffic is coming up
Quail Summit Drive and making a left on Winterwood Lane
or Rolling Knoll Road, and then making a left turn onto
Grand Avenue and a right turn onto Diamond Bar
Boulevard to continue, this will be uncovered by the
study.
Mr. Foust responded to Chair/Istik that the survey will
determine whether the vehicles are from the
neighborhood. However, if the vehicles are from
outside the area, the survey may not be able to
determine the ultimate destination.
Wanda Tanaka, 23805 Country View Drive, stated that in
1993 she was involved in the cut -through traffic study
in the tract. In August, 1995, the Country View Drive
residents again approached the Traffic and
Transportation Commission because of the speeding
problem. Country View Drive is like a straight-away.
When Grand Avenue traffic backs up, the traffic uses
the neighborhood as a cut -through to an even greater
degree. She referred to the petition with 79
signatures which was previously presented to the
Commission in October, 1995. She indicated that many
residents who are present at tonight's meeting are
opposed to the cul-de-sacing of Country View Drive.
She stated the main reason that the residents wrote to
the Commission is because Grand Avenue is like a
backyard and they wanted to stop the traffic from
coming through their front yard. She indicated that a
cul-de-sac may not be the answer and the residents are
willing to compromise. She referred the Commission to
the increased noise level as a result of the increased
traffic on Grand Avenue and again requested
consideration of a block wall to mitigate the noise and
pollution.
Hubert Wilson, 23649 Country View Drive, requested that
Mr. Foust use the correct base line numbers for his
study. In his opinion, the numbers revealed by the
response to the survey will not be valid. He suggested
that the study should begin by researching the history
April 11, 1996 page is TAT Commission
of the opening of Grand Avenue to Chino Hills and use
those numbers as a base line to see the impacts that
Diamond Bar is now experiencing. He stated that
current problems of traffic flow in the area
precipitated from the buildout in the City of Chino
Hills. He referred the Commission to the Environmental
Impact Study which identified that these problems would
occur. He indicated that no mitigation measures are
offered in the document. He stated that in order to
solve the city's traffic problems, it is his belief
that the City of Diamond Bar must enter into
discussions with Chino Hills to resolve the matter by
reopening the document and providing some mitigation
measures which will provide some relief for the
citizens of Diamond Bar from the impacts of buildout in
the City of Chino Hills. He estimated that the problem
will only get worse because of the projected buildout
in Chino Hills. He referred the Commission to the
noise levels in the neighborhood as a result of the
increased traffic on Grand Avenue. He asked that the
Commission and the consultant not let the Stanford
University study lead the Neighborhood Traffic Study to
false conclusions. Mr. Wilson pointed out that a
number of collisions have occurred at the intersection
of Rolling Knoll Road and Grand Avenue. He suggested
that right turns from Rolling Knoll Road onto Grand
Avenue should be prohibited because of the reduced line
of sight northerly on Grand Avenue.
Craig Clute, 21217 Fountain Springs Road, stated the
survey response list numbers are similar to those
revealed by his Neighborhood Traffic Study. He
indicated the numbers for his tract are much higher
than the numbers for the Quail Summit Drive/Rolling
Knoll Road/Country View Drive area. He further stated
that, in his opinion, 260 vehicles per day does not
warrant a cul-de-sacing. He questioned the 10 trips
per day per household figure. He pointed out that the
vehicle license plate study is not invasive. He
cautioned that sound level studies are very involved
and the issues are addressed in the City's General
Plan. He stated he will be following this Neighborhood
Traffic Study to see how it compares with his
Neighborhood Traffic Study and the recommended
mitigation measures. He cautioned the residents to be
aware that mitigation measures can easily be taken away
after they are initiated.
April 11, 1996 Page 16 TAT Commission
Frank Yegge, 23713 Country View Drive, was unable to
attend tonight's meeting. He sent a message to the
Commission that he is opposed to any obstruction at the
east end of Country View Drive and that he is in favor
of a sound wall on Grand Avenue in the residential
section between Diamond Bar Boulevard and Rolling Knoll
Road.
Chair/Istik stated that the Traffic and Transportation
Commission makes recommendations to the City Council.
Some or all of the recommendations may or may not be
adopted by the City Council. He recommended the
residents follow the process to the City Council and
attend their public meetings.
Mr. Foust stated he will suggest potential mitigation
measures and success and failure stories about the
potential mitigation measures at the next meeting. In
addition, he will indicate the realistic expectations
of suggested mitigation measures and what might be at
risk for the city and for the neighborhood if the
mitigation measures are initiated.
Mr. Foust responded to Chair/Istik that the primary
issue of concern to the residents are speeding and
cut -through traffic.
VC/Leonard requested staff provide written information
regarding the Four Corners/Tonner Canyon Road issue for
review by the Commission as an alternative bypass for
the Chino Hills residents. She suggested that Mr.
Foust contact Dr. Carolyn Haugen, principal of Quail
Summit Elementary School to assist with the study.
DDPW/Liu responded to VC/Leonard that the HOV lanes
will be extended from Lambert Road in Orange County to
the SR 60. He indicated he will provide the Commission
with a Cal -Trans construction schedule as soon as it is
available. He stated the HOV lane construction will
begin shortly on the SR 60.
Chair/Istik stated that when another road is built it
does not solve the traffic problem because the area
around the road develops and it eventually leads to an
extension of another residential neighborhood.
Therefore, the impacts to the other streets are not
improved by the building of another road. He suggested
April 11, 1996 Page 17 TAT Commission
that if Chino Hills needs another access to the SR 57,
they could build a road through Carbon Canyon or Soquel
Canyon.
DDPW/Liu stated the second Neighborhood Traffic Study
workshop is scheduled for May 9, 1996. Notices will be
mailed to the property owners and residents.
The public workshop ended at 9:55 p.m.
VII. NEW BUSINESS:
A. Audible Pedestrian Signals at the intersections of
Pathfinder Road and Brea Canyon Road, and Fountain
Springs Road and Diamond Bar Boulevard.
AA/Aberra stated the City was contact by a resident who
is hearing impaired requesting the installation of
audible pedestrian devices at traffic signals.
Installation of an audible pedestrian device will cost
approximately $3,000 per intersection. She indicated
that Transportation Development Management (TDA)
Article 3 (SB 821) monies could be utilized for funding
the project. She referred the Commission to the
advantages and disadvantages of these devices. She
pointed out that there is no guarantee that vehicles
are clear of the intersection when the device indicates
it is clear for the pedestrian to cross. Staff
recommends that the Traffic and Transportation
Commission request staff to conduct an engineering
study for the installation of audible pedestrian
signals at the intersections of Brea Canyon
Road/Pathfinder Road and Fountain Springs Road/Diamond
Bar Boulevard to determine whether these intersections
are warranted based upon the Cal -Trans conditions.
C/Tamaya made a motion, seconded by C/Nice to approve
staff's recommendation. Without objections, the motion
was so ordered.
B. Cul-de-sacing Sunset Crossing Road from SR 57 off -
ramp to the westerly City limit.
Chair/Istik requested this item be agendized for May 9.
He asked that staff provide a recommendation for the
narrowing of Sunset Crossing Road to two lanes instead
of the current four lanes. He requested the item be
April 11, 1996 Page 18 T6T Commission
voted upon by the Traffic and Transportation Commission
as a recommendation to the City Council.
C/Tamaya made a motion, seconded by VC/Leonard to adopt
Chair./Istik's recommendation. Without objections, the
motion was so ordered.
VIII. STATUS OF PREVIOUS ACTION ITEMS:
DDPW/Liu stated with respect to the Calvary Chapel
traffic issue, the manual traffic signal control has
been installed at the intersection of Grand Avenue and
Golden Springs Drive. The manual control has been
utilized by the Sheriff's Department since Easter
weekend. City staff and the Sheriff's Department met
with Calvary Chapel and Calvary Chapel has agreed to
and implemented an on-site circulation plan. The
Sheriff's Department will be monitoring the plan to
determine its effectiveness.
Chair/Istik stated that if the monitoring plan does not
work, he would like for the City to begin dialogue
about the required access to the existing signal
opposite the condominium units on Grand Avenue.
DDPW/Liu stated the City has installed four-way stop
signs at two locations: Fountain Springs Road at
Castle Rock Road, and Cold Springs Lane at Castle Rock
Road. Multi -way stop signs studies have been completed
for two additional locations as a result of the
recommendations of the Neighborhood Traffic Study.
They are Fountain Springs Road at Brea Canyon Road and
Fountain Springs Road at Sunbright Drive. Fountain
Springs Road at Brea Canyon Road is warranted for a
three-way stop. Fountain Springs Road at Sunbright
Drive is not warranted for stop signs. These items
will be presented to City Council on April 16.
DDPW/Liu responded to Mr. Clute that he will check on
whether center line double yellow striping was proposed
as part of Plan I on Cold Springs Lane between Diamond
Bar Boulevard and Castle Road.
April 11, 1996 Page 20 TAT Commission
C. Future Agenda Items.
1) Speed hump policy discussion
2) Street striping policy discussion
3) School traffic discussion
XI. INFORMATIONAL ITEMS - None
XI. ADJOURNMENT
VC/Leonard made a motion, seconded by C/Nice to
adjourned the meeting at 10:15 p.m. There being no
objections, the motion was so ordered.
Respectfully,
David G. Liu
Secretary
Attest:
Jack Istik
Chairman
CITY OF DIAMOND BAR
MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION
MAY 9, 1996
CALL TO ORDER:
VC/Leonard called the meeting to order at 7:11 P.M. at the South
Coast Air Quality Management District (SCAQMD) Hearing Room,
21865 East Copley Drive, Diamond Bar, California.
PLEDGE OF ALLEGIANCE:
The audience was led in the Pledge of Allegiance By Commissioner
Tamaya.
ROLL CALL:
Commissioners: Vice Chair Leonard, Commissioners Nice,
Tamaya, and Virginkar
Absent: Chair Istik
Staff: Deputy Director of Public Works David Liu;
Assistant Engineer Rose Manela;
Administrative Assistant Tseday Aberra;
Sergeant Rawlings; and Recording Secretary
Carol Dennis
I. APPROVAL OF MINUTES:
A. Meeting of April 11, 1996- C/Tamaya requested
that Line 14, Page 9 be corrected to read as
follows: "line of sight clear on at least one
side of Fountain Springs..."
C/Tamaya made a motion, seconded by C/Nice to
approve the April 11, 1996 minutes as amended.
Without objections, the motion was so ordered.
II. COMMISSION COMMENTS - None
VC/Leonard indicated that Chair/Istik requested that
Item A. of Old Business Cul-de-sacing Sunset Crossing
Road from SR 57 off -ramp to the westerly City limit be
placed on the June 13 Traffic and Transportation
Commission agenda. The Commission concurred.
III. PUBLIC COMMENTS
Don Gravdahl, 23988 Minnequa Drive, related a traffic
incident he observed in front of his home. He
indicated he lives two houses from the corner on Del
Sol Lane at Minnequa Drive. He stated that the double
yellow centerline striping on his street has improved
May 9, 1996 Page 2 T&T Commission
traffic flow and he would like to have yellow
centerline striping the entire length of the street as
he originally requested. In addition, he asked that
the Traffic and Transportation Commission request a
Stop Sign Warrant Study for the intersection of
Minnequa Drive and Bower Cascade Place.
Red Calkins, 240 Eagle Nest Drive, requested double
yellow centerline striping on Prospectors Road from
Golden Springs Drive to Sunset Crossing Road.
C/Virginkar reiterated the need for the City to have a
standardized policy with respect to double yellow
centerline striping.
Mr. Calkins pointed out that vehicles entering the
Union 76 gasoline station in the K -Mart plaza are
interfering with the southbound Diamond Bar Boulevard
traffic. Vehicles are backed up into the street
waiting for traffic to clear out of the service
station.
DDPW/Liu responded to C/Tamaya that when a safety
concern is expressed by a resident of the community the
City will conduct an on-site investigation. He
indicated his department will schedule an investigation
for the Minnequa Drive/Bower Cascade Place
intersection.
C/Nice stated he agrees with C/Virginkar that the City
should have a policy for centerline striping. He
requested to know the procedure for initiating a
policy.
DDPW/Liu responded to C/Nice that CalTrans has strict
policies and guidelines for centerline striping.
Hubert Wilson, 23649 Country View Drive, stated that
with respect to the Grand Avenue improvements, he is
concerned about U-turns at peak periods. Traffic in
left turn pockets is impeded when a vehicle makes a U-
turn. He suggested that U-turns be prohibited during
peak traffic hours at the intersections of Grand Avenue
at Diamond Bar Boulevard and Grand Avenue at Golden
Springs Drive so that traffic can clear out of the left
turn lane within the traffic light sequence.
May 9, 1996 Page 3 T&T Commission
DDPW/Liu responded to C/Virginkar that restricting the
U-turn at Grand Avenue and Diamond Bar Boulevard would
prevent motorists from turning into the shopping areas
and will inconvenience the commercial business traffic.
The intersections were widened to two left turn lanes
and re -timed to accommodate all traffic movements,
including U-turn traffic. The current street
improvements have enhanced the turning radius.
Ginger Ragazzi, 1335 Rolling Knoll Road, stated she
lives in the tract just south of the intersection of
Grand Avenue and Diamond Bar Boulevard. She indicated
she is unable to make a right turn out of the tract
between 4:00 p.m. and 7:00 p.m. Therefore, if she
wishes to proceed toward Chino Hills she must make a
left turn out of the tract onto Grand Avenue and a U-
turn at Diamond Bar Boulevard. The "No Right Turn" has
mitigated the traffic problems in the area and it is
imperative that the U-turn be available to the
residents. Ms. Ragazzi stated that the light at Grand
Avenue and Rolling Knoll Road no longer cycles on
demand. Vehicles must sit at a red light even though
there is no visible traffic on Grand Avenue. Upon
exiting the tract left onto Grand Avenue, she indicated
she always encounters a red light at Diamond Bar
Boulevard, at Golden Springs Drive and two additional
red lights before entering the west bound SR 57. She
further stated that in her opinion, in order to more
effectively move the Chino Hills traffic through
Diamond Bar, the residents are being inconvenienced.
Christina Liang, 1459 Rolling Knoll Road, stated that
the residents respect the "No Right Turn" sign at
Rolling Knoll Road and Grand Avenue. However, the
Chino Hills cut -through traffic does not respect the
"No Right Turn" restriction. She indicated that she
has difficulty completing the U-turn at Grand Avenue
and Diamond Bar Boulevard because she encounters
northbound Diamond Bar Boulevard traffic making right
turns at the traffic signal onto eastbound Grand Avenue
without regard for her right-of-way. Ms. Liang stated
that many of the homeowners from the tract are
attending an open house at Quail Summit Elementary
School and cannot attend tonight's workshop. She
indicated that in the morning, many motorists do not
pay attention to the stop sign close to the school.
She requested that a Sheriff Deputy be present at the
May 9, 1996 Page 4 T&T Commission
school two or three days a week to encourage motorists
to obey the stop sign.
Toni Lewis, 1504 Highbluff Drive, stated that in her
opinion, the school on Quail Summit Drive presents
significant traffic problems to the tract. Vehicles
are backed up to Diamond Bar Boulevard waiting to use
the only entrance to the school for student dropoff.
This creates gridlock because there are vehicles
proceeding on Quail Summit Drive that attempt to make a
left turn into the school which stops traffic in both
directions. She recommended a "No Left Turn" be posted
on the northbound side of Quail Summit Drive at the
school. She indicated that she is also concerned about
the traffic hazard presented by the significant backup
in the left turn key on Diamond Bar Boulevard at Quail
Summit Drive during peak hours. She suggested that a
traffic signal be considered for the intersection of
Quail Summit Drive at Diamond Bar Boulevard.
C/Nice asked if there is a law which prohibits vehicles
on Diamond Bar Boulevard from blocking vehicles
entering or exiting Quail Summit Drive. Sgt. Rawlings
responded to C/Nice that there is an anti -gridlock law
which states that a vehicle cannot enter an
intersection unless there is room to proceed through
the intersection. Vehicles sitting in a left lane
waiting to make a left turn do not constitute a traffic
violation.
Mark Siegel, 1342 Rolling Knoll Road, stated that the
right lane on northbound Diamond Bar Boulevard at Quail
Summit Drive is a right -turn only lane. In addition,
the intersection of Diamond Bar Boulevard and Quail
summit Drive is clearly marked "Keep Clear". He
reiterated that the U-turn at Grand Avenue and Diamond
Bar Boulevard is very dangerous because motorists in
the northbound right turn lane on Diamond Bar Boulevard
do not stop at the red signal. He indicated he would
like to see additional enforcement at the intersection
during peak hours.
Debby O'Connor, 23725 Bower Cascade Place, asked that
the City consider removing the 40 MPH sign on the north
side of Sunset Crossing Road between Diamond Bar
Boulevard and the SR 57 off -ramp because vehicles
cannot reach a speed of 40 MPH in that short distance.
May 9, 1996 Page 5 T&T Commission
She stated that the slurry seal that was completed
approximately six months ago in her neighborhood is
showing tire wear. The damage is very prominent in the
cul-de-sac areas. She further stated she agrees with
Mr. Gravdahl's request for a stop sign at Bower Cascade
Place and Minnequa Drive. In her opinion, the double
yellow centerline striping has not been effective in
deterring speeding vehicles.
DDPW/Liu stated the City has scheduled a meeting with
the contractor next week to resolve the slurry seal
damage issue.
Craig Clute, 21217 Fountain Springs Road, requested the
status of the City's speed trailer and its proposed
schedule of use. He presented the Commission with the
Chino Hills speed hump map. He suggested the
Commissioners drive the area and contact Chino Hills
for input regarding the effectiveness of their speed
hump installations. He indicated he has contacted
several cities regarding their policies with respect to
"three ton limit" signs on residential streets. He
requested that the Commissioners pressure the City
Council to grant additional funds for traffic
enforcement. He again requested to know why the K -Mart
shopping cart racks are still located in the traffic
lanes. He stated that in his opinion, K -Mart should
have requested guidance from the City regarding the
proper placement of the stands.
VC/Leonard responded to Mr. Clute that the speed hump
policy discussion is slated for the June 13 Traffic and
Transportation Commission agenda.
AA/Aberra responded to VC/Leonard that the'Fire
Department has no problem with the current location of
the shopping cart racks in front of K -Mart.
Mr. Clute indicated that to him, the placement of the
shopping cart racks in front of K -Mart do not appear to
be proper. In fact, the stands impede the traffic
flow. He stated that, in his opinion, the shopping
cart racks should be placed in a parking space or on
the sidewalk.
Hubert Wilson, 23649 Country View Drive, stated that
his understanding is that the entire pathway in front
May 9, 1996 Page 6 T&T Commission
of K -Mart is a fire lane. If it is a fire lane, any
fixed structure installed by K -Mart must be pre -
approved by the City and the Fire _Department. K -Mart
should apply for a variance from the City if they wish
to keep the shopping cart racks in their current
location. He further stated that K -Mart is in
violation of the Vehicle Code.
VC/Leonard suggested that the matter of the shopping
cart racks brought before the Planning Commission for
discussion. DDP/Liu responded to VC/Leonard that he
will bring the matter to the attention of the City's
Planning Department. In addition, staff will convey
the citizens' concerns to K -Mart management.
Sgt. Rawlings responded to VC/Leonard that the Vehicle
Code states a vehicle cannot be parked in a properly
marked fire lane. There is no provision for the
Sheriff's Department to cite shopping carts. The
Diamond Bar speed trailer is currently at the Walnut
Sheriff's Station awaiting a tow vehicle.
VII. PUBLIC MEETING (8:15 p.m. to 10:17 p.m.)
A. WORKSHOP #2: Neighborhood Traffic Study for the
Rolling Knoll Road/Country View Drive/Quail Summit
Drive Area.
Joe Foust, Austin -Foust Associates, 2020 N. Tustin
Avenue, Santa Ana 92705, summarized the data
collected from the residents of the tract and from
his study of the area. He indicated that
approximately 870 questionnaires were circulated
to the residents in the study area. To date, 167
responses have been received from the study area
which includes 22 responses from the condominium
residents. The greatest percentage of response
was from the Country View Drive residents.
Seventy-five percent of the residents believe
something should be done to mitigate the traffic
in the area. The residents.responded that they
are concerned about the following problems in
order of their importance: cut -through traffic
and volume of traffic, school traffic, and
speeding. He stated the following potential
solutions have been suggested: additional
enforcement, street closures, traffic signal at
May 9, 1996 Page 7 T&T Commission
Diamond Bar Boulevard and Quail Summit Drive, and
speed humps.
Mr. Foust cautioned the residents and the
Commission that some of the proposed solutions are
not a cure-all and may tend to transfer or create
additional traffic problems. He estimated that
the residents generate approximately 6,000 trips
per day, the school generates 500-600 trips per
day which is expected to increase to 700 per day,
leaving approximately 1,000 cut -through trips per
day. The installation of the "No Right Turn"
restriction on Rolling Knoll Drive has reduced the
cut -through traffic by about 50 percent. Although
the closure of Country View Drive would eliminate
200-300 cars per day, it is not a viable option
because emergency vehicle response time would
increase and negatively impact the residents. In
addition, the traffic would be redirected and
therefore impact another area of the tract. He
indicated that shifting traffic from one
residential street to another residential street
is never an acceptable strategy. Traffic must be
shared or eliminated. Another strategy to improve
compliance with the stop sign at Winterwood Lane
and Quail Summit Drive is to install a choker.
The choker would narrow the street to a single
lane in each direction. The negative impact is
that the single lane traffic will impede emergency
vehicles. A possible alternative solution is to
stripe with yellow lines or install botts dots.
Mr. Foust stated that he is not prepared to
recommend speed humps as a solution. He indicated
that he is aware that a City speed hump policy is
under consideration. The Fire Department is
concerned that speed humps will increase response
time. Although speed humps are effective in
reducing speed they create a noise nuisance in the
neighborhood. Speed trailers is a popular
strategy in controlling speeds on residential
streets. Another strategy is the use of rumble
strips. The negative effect of rumble strips is
the noise impact to the neighborhood. He
indicated that during his career he has witnessed
a total of five rumble strip installations which
have remained in place no longer than 30 days. He
proposed consideration of a traffic signal at
May 9, 1996 Page 8 T&T Commission
Diamond Bar Boulevard and Quail Summit Drive. He
estimated that the intersection would meet the
warrant for a traffic signal. He pointed out that
the cost of a traffic signal installation would
exceed $100,000 and as an alternative, the City
may wish to consider hiring additional
enforcement.
Mr. Foust stated a second questionnaire will be
mailed to the residents requesting their response
to the proposed strategies.
Mr. Foust stated he is not prepared to make
recommendations to the Traffic and Transportation
Commission until the study is completed. However,
he stated that in consideration of the information
received to date, street closure is not a
practical alternative for this neighborhood.
Mr. Foust responded to VC/Leonard that he believes
a traffic signal will be warranted for Diamond Bar
Boulevard at Quail Summit Drive in addition to the
warranted traffic signal at Diamond Bar Boulevard
and Montefino Avenue.
Toni Lewis, 1504 Highbluff Drive, thanked the
Commission, staff and Mr. Foust for their
participation in the traffic study. She pointed
out that the most important consideration of the
traffic study is the impact to the residents of
the tract. She stated her concern that a traffic
signal at Diamond Bar Boulevard and Quail Summit
Drive in addition to a traffic signal at Diamond
Bar Boulevard and Montefino Avenue would encourage
more cut -through traffic. She reiterated her
concerns about the increased school traffic in the
area. She indicated that in her opinion, the
school traffic has the greatest impact to traffic
in the tract and should be the primary concern of
the traffic study. She suggested the Commission
study the possibility of restricting school bus
traffic to Forest Canyon Drive. She further
suggested the public ingress/egress to the school
be increased to four lanes.
Hubert Wilson, 23649 Country View Drive, stated
that before Grand Avenue opened to Chino Hills,
May 9, 1996 Page 9 TfiT Commission
the traffic problems being studied did not exist.
The traffic problems have increased, and will
continue to increase, as a direct result of the
buildout in Chino Hills and absent corresponding
improvements to the area freeway system. Until
Chino Hills reopens the CEQA document and
addresses mitigation measures for the City of
Diamond Bar, temporary measures such as the cul-
de-sacing of Country View Drive, will be proposed
by the residents.
Jerry Hamilton, 1429 Copper Mountain Drive, states
he walks the tract daily. He suggested a stop
sign at the intersection of Country View Drive and
Rolling Knoll Road.
Greg Hummel, 23239 Ironhorse Canyon Road, stated
he is on the Site Council for Quail Summit
Elementary School. He further stated that he
served as a member of GPAC. He agrees that the
traffic problems have been exacerbated by the
Grand Avenue opening and the Chino Hills buildout.
He indicated that if the impact of growth in Chino
Hills is not recognized and dealt with by the City
of Diamond Bar, the City will continue to be at
the mercy of Chino Hills. He stated he agrees
that a larger overall picture of the Grand Avenue
traffic should be taken into consideration with
respect to any residential traffic study. He
further stated he supports the General Plan
Advisory Committee determination that Grand Avenue
width and speed should be downsized rather than
increased to discourage cut -through traffic.
Relative to Quail Summit Elementary School, the
traffic problems are critical. He suggested that
botts dots be placed on the stop sign approaches.
Ginger Ragazzi, 1335 Rolling Knoll Road, thanked
the Commission for the "No Right Turn" sign on
Rolling Knoll Road at Grand Avenue. She stated
she agrees that stop signs in the tract would help
reduce the vehicle speed. She requested
consideration of a stop sign at Country View Drive
and Quail Summit Drive and a traffic signal at
Diamond Bar Boulevard and Quail Summit Drive. She
proposed that a driveway from Quail Summit
Elementary School onto Forest Canyon Road would
May 9, 1996 Page 10 T&T Commission
help mitigate the school traffic. She further
proposed a vehicle turn -in area at the school to
relieve Quail Summit Drive.
Mark Siegel, 1342 Rolling Knoll Road, stated the
Traffic and Transportation Commission held the
first traffic study for the Rolling Knoll Road and
Quail Summit Drive in April, 1989. He stated that
in his opinion, the traffic problems began when
the tract opened which was long before Grand
Avenue opened to Chino Hills, and that the only
mitigation measure that has been effective is the
"No Right Turn" restriction on Rolling Knoll Road
at Grand Avenue.
Don Lemley, 1387 Rolling Knoll Road, indicated
that under no circumstances should the "No Right
Turn" restriction be removed from Rolling Knoll
Road at Grand Avenue. He stated that in his
opinion, the study should concentrate on the
speeding vehicles and the school traffic. He
further stated that he felt a traffic signal at
Quail Summit Drive and Diamond Bar Boulevard would
encourage cut -through traffic.
Audrey Hamilton, 1429 Copper Mountain Drive,
stated she is fortunate to live on a cul-de-sac.
She is concerned about the traffic in the
neighborhood because Quail Summit Drive is the
only access to her street. She requested that the
City consider initiating a procedure of
photographing traffic violator's license plates
with a portable unit that could be moved to
various intersections throughout the community.
Mr. Siegel stated that a radar camera
demonstration was conducted in 1991. The Los
Angeles County Sheriff's Department does not
support this method of enforcement because of the
legal issues involved.
Wanda Tanaka, 23805 Country View Drive, stated
that in August, 1995, the residents of the tract
proposed a neighborhood traffic study. The
residents are very aware that the entire City has
a problem of cut -through and speeding traffic.
She indicated she would prefer an informal
May 9, 1996 Page 11 T&T Commission
workshop with discussion between the residents and
the Commission about what might be done to
mitigate the traffic concerns. She requested that
the Commission consider stop signs and speed humps
in lieu of the noise generating botts dots.
Mr. Foust responded to Ms. Tanaka that if he gave
the impression that nothing can be done to
mitigate the traffic problems in her tract, that
is the wrong impression. He reiterated that his
firm will be presenting mitigation recommendations
at the June 13 Workshop. He indicated he intended
to convey that some of the more dramatic traffic
diverters such as street closures are probably not
realistic solutions. The real problem in the area
relates to speeding and the recommendations will
be based upon the resident's input. He indicated
that it has become abundantly clear to him during
this meeting that the Quail Summit Elementary
School traffic is one of the more serious problems
in the neighborhood.
VC/Leonard responded to Mr. Hamilton that she
requested information from staff regarding the
proposed Tonner Canyon Road.
Ms. Hamilton asked if Quail Summit Elementary
School could incorporate off street
loading/unloading area in its improvement plans.
Mr. Clute stated he anticipates the SR 57/SR 60
improvements will improve the traffic flow through
the City. He asked how the traffic light at
Montefino Avenue and Diamond Bar Boulevard will
effect the intersection at Quail Summit Drive and
Diamond Bar Boulevard. He indicated that traffic
signals are expensive and tend to draw traffic to
the site. He stated that in his opinion, there
should be a 24 hour "No Right Turn" restriction on
Rolling Knoll Road at Grand Avenue because of the
northerly Grand Avenue sight restriction. He
cautioned the residents that stop signs do not
deter speeding vehicles. He suggested the City
consider street chokers as a deterent to speeding
vehicles.
Mr. Foust responded to Mr. Clute that a diagonal
May 9, 1996 Page 12 T5T commission
diverter generally involves a four-way
intersection and there are very few four-way
intersections in the study area which reduces the
opportunity for installation.
C/Nice suggested that consideration be given to
the placement of stop signs in the study area.
Mr. Foust responded to C/Nice that the City does
not have the luxury of determining the speed on a
major through street. The California Vehicle Code
is explicit in stating the procedure that must be
followed with regard to setting speed limits. The
prevailing speed limit set by 85% of the vehicles
is rounded to within five miles per hour and the
result becomes the posted speed limit. Minor
variations apply to this formula such as if there
happens to be an unusually high accident rate
based upon a high rate of speed the speed of the
street can be reduced. However, the Vehicle Code
permits very little latitude with respect to
establishing a speed limit. A posted speed limit
of 25 MPH on Grand Avenue could not be enforced.
Responding to C/Tamaya, Mr. Foust stated that
mitigation measures such as stop signs and speed
humps tend to reduce the volume of traffic by
approximately five percent. Stop signs and speed
humps tend to reduce vehicle speeds by about five
miles per hour which gives residents the feeling
that the volume of traffic is less. C/Tamaya
stated the idea of mitigation measures is to
discourage traffic in the neighborhood. Mr. Foust
responded to C/Tamaya that commuters avoid traffic
diverters to reduce travel time. Diverters reduce
the neighborhood traffic by about five to ten
percent.
Mr. Foust responded to C/Tamaya that it is
possible to synchronize the traffic signals at
Diamond Bar Boulevard and Montefino Avenue and at
Diamond Bar Boulevard and Quail Summit Drive.
However, traffic signals tend to attract traffic.
C/Tamaya requested the status of the Montefino
Avenue at Diamond Bar Boulevard traffic signal.
DDP/Liu responded to C/Tamaya that the location is
May 9, 1996 Page 13 T&T Commission
on the Capital Improvement Project wish list. He
indicated the Montefino Avenue at Diamond Bar
Boulevard traffic signal was warranted as a result
of a request from the residents of the condominium
on the east side of Diamond Bar Boulevard at
Montefino Avenue.
C/Virginkar commended Mr. Foust for his thorough
and professional presentations.
Mr. Foust responded to C/Virginkar that he would
not recommend trading the traffic signal at
Montefino Avenue and Diamond Bar Boulevard for a
traffic signal at Quail Summit Drive and Diamond
Bar Boulevard. He indicated that he will be
making specific recommendations for strategies to
address the Country View Drive cul-de-sacing
request. He reiterated that he does not advocate
the cul-de-sacing of Country View Drive.
C/Virginkar asked Mr. Foust if he would consider
proposing a stop sign with striping at Deer
Crossing Drive and Country View Drive. Mr. Foust
responded that serious consideration will be given
to such a proposal.
DDPW/Liu responded to Mr. Wilson that Diamond Bar
has no opportunity for input with respect to the
buildout scheduling for Chino Hills.
Mr. Wilson requested that the City pursue
mitigation measures with the City of Chino Hills
to relieve the Chino Hills traffic impact on the
City of Diamond Bar. He stated that as a last
resort he is prepared to file an injunction with
the court.
VC/Leonard invited the residents to attend the
June 13 Traffic and Transportation Commission
meeting and listen to Mr. Foust's presentation
before reaching any conclusions.
C/Virginkar requested that Mr. Foust address
trading the Montefino Avenue at Diamond Bar
Boulevard traffic signal for a traffic signal at
Quail Summit Drive and Diamond Bar Boulevard in
May 9, 1996 Page 14 T&T Commission
V.
his June 13 presentation.
Mr. Hamilton cautioned that a traffic signal at
Quail Summit Drive and Diamond Bar Boulevard might
substantially increase the intersection's 3500 per
day vehicle count.
Mr. Clute again asked if the traffic signal at
Montefino Avenue and Diamond Bar Boulevard would
allow additional time for vehicles to exit Quail
Summit Drive onto Diamond Bar Boulevard. Mr.
Foust stated his firm will look at the situation
and report its findings on June 13.
VC/Leonard thanked the residents for their
participation in the workshop and invited them to
return on June 13 for Workshop #3.
OLD BUSINESS:
A. Walnut Valley and Pomona Unified School Districts'
Policy Regarding student Pick-up/Drop-off
locations at Diamond Bar schools.
DDPW/Liu stated that staff previously invited the
Walnut Valley and Pomona Unified School Districts
to participate in discussions regarding the
student pick-up/drop-off locations at Diamond Bar
schools. Staff has determined that a professional
traffic consultant should be engaged by the City
to provide input with respect to possible
mitigation measures. The City has requested and
received two fee proposals. The fees range from
$7,500 to $17,000 depending on the number of
schools in each district. Staff recommends that
the City request funding for the study from the
school districts.
C/Nice asked if the City's efforts would be a
duplication of the Pomona Unified School District
studies. DDPW/Liu responded to C/Nice that the
schools' studies represent only the needs of the
schools and does not incorporate the impacts to
the City's streets.
Sgt. Rawlings responded to Clyde Evans, Director
of Transportation, Walnut Valley Unified School
May 9, 1996 Page 15 T&T Commission
District, that the City of Walnut's Traffic
Engineer conducted a study which resulted in
recommendations for minor traffic changes, request
for LA County Sheriff's educational programs and
request for enforcement.
Responding to VC/Leonard, Sgt. Rawlings stated the
school district made minor physical changes such
as street markings for loading and unloading
zones.
Debby O'Connor, 23725 Bower Cascade Place, stated
she is on the Diamond Point Elementary School
Safety Committee. Traffic is a problem 15 minutes
prior to the beginning of the daily school session
and 15 minutes following the end of the school
session. She requested a left turn signal at
Golden Springs Drive and Diamond Bar Boulevard to
assist the traffic flow around Lorbeer Middle
School. She indicated the same 15 minute window
of problems exist at Lorbeer Middle School prior
to the opening session and following the closing
session. The safety committee has studied the
safety issues at Diamond Point Elementary School
for the past seven years. Parents ignore the
posted "No Loading/Unloading" signs. She
suggested that the City participate in the
promotion of "parent awareness". She stated that
when law enforcement is present there are no
traffic problems. However, law enforcement is not
always available. She suggested that the presence
of the Community Patrol might deter offenders.
Sgt. Rawlings responded to VC/Leonard that a
request could be made to the Supervisor of the
Sheriff's Department requesting Community Patrol
participation as a temporary safety measure.
C/Nice suggested that a school staff person be
utilized for the two 15 minute periods.
Ms. O'Connor stated she feels nothing will be
accomplished by conducting a study. She indicated
that in her opinion, the problems are created by
parents who disregard the safety standards set by
the schools. A staff person does not prevent
parents double parking in the Loading Zone and
May 9, 1996 Page 16 T&T commission
leaving their cars to retrieve their children.
Mr. Clute stated that other schools in the
district experience different problems. He
encouraged the school districts to obtain
authority for their personnel to issue citations.
He indicated he is concerned about the potential
liability with respect to school staff directing
traffic. He asked that the Commission recommend
the study.
VC/Leonard stated that Quail Summit Elementary
School is conducting parent education.
C/Tamaya made a motion, seconded by C/Nice to
accept staff's recommendation.
C/Virginkar stated he has a problem with the
motion because if the school districts refuse to
pay for the study nothing has been accomplished.
C/Nice suggested that staff request copies of the
school district studies for review prior to
requesting the school districts to pay for
additional studies.
DDPW/Liu responded to C/Nice that the information
forwarded to staff by the Pomona Unified School
District was the result of responses to a
questionnaire. Pomona Unified School District's
consultant is not a traffic consultant. All of
the issues must be investigated by staff prior to
recommending mitigation measures which involve
compromises between the City and the school
districts on a City-wide basis.
VC/Leonard stated that each school has unique
problems and opportunities and that the traffic
movement considerations should be investigated on
a City-wide basis.
C/Nice asked what the next step would be if the
school districts declined to contribute to the
full cost of the study.
DDPW/Liu stated that if the school districts
decline the offer, the item can be forwarded to
May 9, 1996 Page 17 T&T Commission
the City Council for funding consideration.
C/Tamaya requested to know why the Traffic and
Transportation Commission, rather than the City
Council, is being asked to request the school
districts to contribute to the full cost of the
study.
C/Nice suggested a City Council request would
carry more weight than a Traffic and
Transportation Commission request. He recommended
that the Commission concur with staff's
recommendation to request the school districts
contribute the full cost of the study and that the
request for funds should be made by the City
Council.
C/Tamaya stated that it would seem to be more
appropriate for the Traffic and Transportation
Commission to determine if the study is warranted
and pass the recommendation to the City Council
for the City Council to determine how the study
would be financed.
C/Tamaya amended his motion to state that the
Traffic and Transportation Commission is in favor
of the study. The recommendation is being
forwarded to the City Council in order that the
Council may determine whether to proceed with the
study and how it will be financed. C/Nice
seconded the amended motion. The motion was
approved 4-0 with the following roll call:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
Tamaya, Nice, Virginkar,
VC/Leonard
None
None
Chair/Istik
C. Double Yellow Centerline Striping on Bower Cascade
Place, Decorah Road, Minnequa Drive, Del Sol Lane,
and El Encino Drive.
AA/Aberra stated that staff was requested to bring
this matter before the Commission. This item was
previously discussed by the Traffic and
Transportation Commission in August and October,
May 9, 1996 Page 18 T&T Commission
1995.
DDPW/Liu read from the CalTrans established
principles of pavement markings.
Ms. O'Connor stated this item was placed on the
agenda in response to her request. She indicated
that she received a letter from the City dated May
3 asking her to attend tonight's meeting. She
further indicated that the City's letter did not
answer any of her questions. She stated she left
DDPW/Liu a private message on City On -Line April
23 asking when she would receive a response to her
letter. Although one of the Commissioners shared
his staff report with her tonight, she feels it
would have been proper for the City staff to at
least provide her with a copy of the staff report.
Since the staff report does not address all of her
concerns she would like to receive a direct
response to the questions raised in her letter of
March 28, 1996. She stated that Mr. Foust
addressed her question of why a double yellow line
has been placed on her street. She indicated she
agrees with Mr. Foust that the striping causes her
street to "look like a boulevard".
DDPW/Liu apologized to Ms. O'Connor for the lack
of a formal response from staff. He requested the
item be placed on the June 13 agenda and staff
will forward a formal response to Ms. O'Connor
prior to that meeting.
C/Tamaya stated he shared his staff report with
his neighbor, Ms. O'Connor. He further stated
that in his opinion, any resident who makes a
written request to the City is entitled to a
written response. Mr. Gravdahl has appeared
before the Commission twice to reiterate his
original request for the centerline to be extended
the full length of Minnequa Drive to Del Sol Lane
to be consistent. C/Tamaya indicated that he
agrees with Mr. Gravdahl that the City should be
consistent. However, he stated he is not certain
what type of line should be placed on the street.
He further stated his concerns about whether the
neighborhood residents were consulted, whether the
centerline double striping is effective, and
May 9, 1996 Page 19 TAT Commission
whether the striping effects property values. He
indicated that Ms. O'Connor's letter addresses her
concerns about the effect of the striping on
property values. However, staff's report does not
comment on this concern. One of the primary
concerns of the Commission is "safety". However,
in his opinion, the Commission should take into
account the effect of potential mitigation
measures on property owners, neighborhoods, and
property values. He indicated that he has
personally observed that the double yellow
centerline striping is not solving the traffic
problems on the street.
C/Tamaya stated that he would prefer that the City
adopt a uniform policy for the entire community
and that the residents be contacted for their
input during the investigation period. He further
stated that he does not believe this item should
die with a recommended action of "Receive and file
this report". Additional requests for double
yellow centerlines on other streets in the
community. Therefore, the issue is not resolved.
He reiterated that he does not have a problem with
centerlines on streets to improve traffic flow.
He does, however, have a problem about whether the
mitigation measure might be too restrictive. He
stated he is in favor of working toward the
adoption of a uniform policy.
C/Nice stated he agrees with C/Tamaya's comments.
He asked staff to survey the neighborhood
regarding the double yellow centerline striping.
He further stated that the City needs to move
forward to adopt a uniform policy.
VC/Leonard indicated she agrees that the City
needs to adopt uniform policies for striping,
speed humps, speed bumps, botts dots, etc. She
stated her displeasure with the recommended action
of "Receive and file this report" because, in her
opinion, this item requires further action. She
further stated she concurs with C/Nice's request
for a neighborhood survey as the next course of
action. She requested the item be agendized for
June or July of 1996.
May 9, 1996
Page 20 T&T Commission
C/Virginkar stated he is confused about the
differences of the double yellow centerline
striping and the solid yellow line opposed to the
dotted yellow line on various streets throughout
the community and not on other street throughout
the community.
DDPW/Liu responded to C/Virginkar that certain
streets were striped under the authority of Los
Angeles County prior to City incorporation. The
State of California has established guidelines for
pavement markings.
Ms. O'Connor referred to the staff report which
states that centerline striping is supplemented
with 25 MPH signs and curvature signs. The only
street that displays those two signs is Decorah
Road. Bower Cascade Place, Del Sol Lane, Minnequa
Drive, E1 Encino Drive and Del Sol Lane do not
have any speed limit signs or curvature signs.
She indicated she would have preferred signage
the
over striping on her street. In her opinion,
striping has not been effective and the only
viable option is enforcement.
Mr. Clute stated his impression that the City was
working toward formulating and adopting a striping
policy and he would like to see the Commission
move forward with the process. He indicated the
double yellow centerline striping has not been
effective in stopping speeding vehicles in his
neighborhood.
C/Tamaya made a motion, seconded by C/Virginkar
directing staff to prepare a Centerline Striping
draft policy for the Commission's review and
discussion for the July 11, 1996 Traffic and
Transportation Commission agenda. In addition,
staff is requested to conduct a residential survey
of the Bower Cascade Place/Minnequa Drive area
that has been striped; staff is to prepare a list
of alternative remedies to centerline striping,
and staff is to prepare a response to Mr.
Gravdahl's original request for consistency in
having a centerline along the entire length of
Minnequa Drive. The motion was carried 4-0 with
the following roll call:
May 9, 1996
page 21 T&T Commission
VII.
VIII.
IX.
►9
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
NEW BUSINESS - None
Tamaya, Virginkar, Nice,
VC/Leonard
None
None
Chair/Istik
STATUS OF PREVIOUS ACTION ITEMS:
DDPW/Liu, responding to a question from C/Tamaya,
stated the City's Public Works Department investigated
and found the Grand Avenue at Summitridge Drive signal
timing to be appropriate.
ITEMS FROM COMMISSIONERS:
VC/Leonard conveyed Chair/Istik's request for a joint
meeting between the Commission and the City Council to
discuss the Commission's relationship to the Council as
an advisory body, and how to better coordinate items
with staff. The Commission concurred.
ITEMS FROM STAFF:
A. Monthly Traffic Enforcement Update: April, 1996.
Sgt Rawlings reported no fatal accidents inApril,
all
injury accidents, 41 non -injury, 5 DUI, 1 pe
collision, 1 bicycle collision, 408 radar citations,
510 hazardous citations, 48 non -hazardous citations and
132 parking violations. The April enforcement index is
46.8%.
C. Future Agenda Items.
1) Workshop #3: Neighborhood Traffic Study for
the Rolling Knoll Road/Country View
Drive/Quail Summit Drive Area.
2) Speed hump policy discussion
3) Street striping policy discussion
XI, INFORMATIONAL ITEMS - None
May 9, 1996 Page 22 T&T Commission
XI. ADJOURNMENT
There being no further
a motion, seconded by
at 11:30 p.m. to June
objections, the motion
Attest:
Joyce Leonard
Vice Chairman
business to conduct, C/Nice made
C/Tamaya to adjourn the meeting
13, 1996. There being no
was so ordered.
Respectfully,
David G. Liu
Secretary
CITY OF DIAMOND BAR
MINUTES OF THE TRAFFJICC AND TRANSGPORTATION COMMISSION
UNE
CALL TO ORDER:
Chair/Istik called the meeting to order at 7:00 p.m. at the South
Coast Air Quality Management District (SCAQMD) Hearing Room,
21865 East Copley Drive, Diamond Bar, California.
PLEDGE OF ALLEGIANCE:
The audience was led in the Pledge of Allegiance By Chairman
Istik.
ROLL CALL:
Commissioners: Chair/Istik, Vice Chair Leonard, and
Commissioner Tamaya
Absent: Commissioners Virginkar and Nice
Staff: Deputy Director of Public Works David Liu;
Assistant Engineer Rose Manela;
Administrative Assistant Tseday Aberra;
Sergeant Rawlings; and Recording Secretary
Carol Dennis
VC/Leonard made a motion, seconded by C/Tamaya to dispense with
the meeting agenda, accept public comments and move to Item VII.
Public Meeting A. Workshop #3: Neighborhood Traffic Study for
the Rolling Knoll Road/Country View Drive/Quail Summit Drive
area. Without objections, the motion was so ordered.
C/Virginkar requested his statement be placed into the record
follows: This memo is to advise you that I will not be able
13, 1996 T&T Commission meeting due to an
attend the June out-of-town business commitment. However, if the
unavoidable to enter into the meeting
protocol permits, I request you
minutes, comments and observations below as my input and/or
absentee vote on the issues under discussion.
I reviewed the meeting minutes and approve them as recorded.
as
to
1.
2.
I reviewed staff's discussion on the speed hump issue and
also refreshed my understanding of March 141996 detailed
ed
report on speed hump policies adopted by
ot�er c.the speed hump issue, my concerns from theprevious to be
discussions remain unchanged. Clearly,
there PP
more down side to speed hump installations Chani he li iely
benefits to be accrued. The City
Attorney
County fire department
liability concerns: The Los Angeles
has expressed reservations that speed
eedoperations; evehumps will hav Foust,
negative impact in emergency
June 13, 1996 Page 2 T&T Commission
a reputed and experienced traffic consultant under contract
to the City, advised during last month's workshop
discussions that speed humps are not likely to be an
effective speed reduction measure. I believe that other
means such as stop signs and increased enforcement measures
(including the speed trailer) should be used. Therefore, if
this issue comes up for vote during this meeting, please
record my vote as a "NO" vote.
3. Please follow up on progress by staff on their action to
develop a standardized policy with respect to double yellow
centerline striping and whether we will have the draft in
time for next month's meeting.
4. Please follow up on the progress of Speed Trailer which was
reported to be disabled because of the towing vehicle
problems. It should be put into action as soon as possible
to act upon speed enforcement requests received in the past
months from several citizens.
5. Re: Walnut Valley and Pomona Unified School Districts'
policy regarding student pick-up/drop-off -- I will
appreciate it if you will kindly remind the staff to provide
us with a set of "aerial maps" for all the schools involved
within the next 30 days. I had made such a request nearly
three months back when this issue first came up for
discussion, to gain a better familiarity of the roads and
areas surrounding the schools when specific issues related
to traffic patterns will be discussed.
6. Re: Installation of a stop sign and centerline striping at
the intersection of Morning Canyon Road and Presado Drive -
- I researched this item over the weekend and concur with
staff's recommendation as proposed. However, based on my
observations at this intersection, you may want to take
under consideration a 3 -way stop which I believe will be a
more effective deterrent and safer measure. Therefore, if
this issue comes up for vote during this meeting, please
record my vote 'as a "yes" vote".
II. COMMISSION COMMENTS
None.
III. PUBLIC COMMENTS
Craig Clute, 21217 Fountain Springs Road, thanked staff
for assisting in the removal of the shopping cart stand
June 13, 1996 Page 3 T&T Commission
from the traffic lane area in front of K -Mart. He
referred the Commission to the June 4, 1996 Los Angeles
Times speed hump/street choker article. He stated he
objects to the Goodwill Trailer being located in the
Park & Ride at Pathfinder Road and the SR 57 because
the trailer consumes five parking spaces.
DDPW/Liu responded to Chair/Istik that the Park & Ride
is under the jurisdiction of CalTrans.
IV. CONSENT CALENDAR
None.
V. OLD BUSINESS
Postponed to the July 11, 1996 meeting.
VI. NEW BUSINESS
Postponed to the July 11, 1996 meeting.
VII. PUBLIC MEETING
A. Workshop #3: Neighborhood Traffic Study for the
Rolling Knoll Road/Country View Drive/Quail Summit
Drive Area. Refer to Minutes of Workshop #3.
XI. ADJOURNMENT
C/Tamaya made a motion, VC/Leonard seconded, to adjourn
the regular meeting of the Traffic and Transportation
Commission. Without objections, the motion was so
ordered. The meeting was adjourned at 7:30 p.m. to
July 11, 1996.
Respectfully,
David G. Liu
Secretary
Attest:
Joyce Leonard
Vice Chair
June 13, 1996 Page 4 TAT Commission
WORKSHOP #3
NEIGHBORHOOD TRAFFIC STUDY
ROLLING KNOLL ROAD/COUNTRY VIEW DRIVE/QUAIL SUMMIT DRIVE
JUNE 13, 1996
Chairman Istik called the meeting to order at 7:30 p.m. in the
South Coast Air Quality Management District Board Hearing Room,
21865 Copley Drive, Diamond Bar, California.
ROLL CALL:
Commissioners: Chair/Istik, Vice Chair Leonard, and
Commissioner Tamaya.
Absent: Commissioners Virginkar and Nice.
Chairman Istik left the workshop at 8:45 p.m.
Commissioner Tamaya left the workshop at 8:00
p.m. and returned at 9:17 p.m.
Staff: Deputy Director of Public Works David Liu;
Assistant Engineer Rose Manela;
Administrative Assistant Tseday Aberra;
Sergeant Rawlings; and Recording Secretary
Carol Dennis.
A. Workshop #3: Neighborhood Traffic Study for the Rolling
Knoll Road/Country View Drive/Quail Summit Drive Area.
Joe Foust, Austin -Foust Associates, presented his
recommendations for mitigation of the neighborhood traffic
concerns for the abovementioned traffic study area as
follows:
1) Double yellow centerline restriping of Quail Summit
Drive, Rolling Knoll Road and Country View Drive with
roadway 1125 MPH", "School Xing", and "Stop Ahead"
legends.
2) Bike/parking lane striping along Quail Summit Drive,
Rolling Knoll Road and Country View Drive.
3) Installation of stop signs at Quail Summit Drive and
High Bluff Road, and Country View Drive at Rolling
Knoll Road.
4) Use of the Speed Trailer.
5) Installation of a traffic signal on Diamond Bar
June 13, 1996 Page 5 TAT Commission
Boulevard at Quail Summit Drive.
Mr. Foust gave a slide presentation to illustrate the
proposed installations. He stated the stop signs help to
reduce the speed on the streets. The bike/parking lane
striping narrows the street width and reduces the speed of
vehicles. He indicated the striping in front of Quail
Summit Elementary
School would be changed from a bike/parking lane striping to
a queuing lane, a bus zone and a loading/unloading zone lane
for stacking of vehicles for student pickup and drop off.
He indicated the bike/parking lane on the north side of
Quail Summit Drive would be reduced from eight feet to six
feet due to the width of the street. He suggested a ladder
type crosswalk to assist the school's crossing guard.
Mr. Foust stated that a study of the Diamond Bar Boulevard
at Quail Summit Drive intersection reveals that it meets and
exceeds the warrant study for traffic signal installation.
He indicated that the Diamond Bar Boulevard at Montefino
Avenue intersection traffic is 40 percent higher than the
traffic at the intersection of Diamond Bar Boulevard and
Quail Summit Drive.
He further stated that the proposed mitigation measures will
not significantly reduce the number of vehicles in the area.
He reminded the Commission that the significant reduction of
vehicles occurred with the existing right and left turn
restrictions on Rolling Knoll Road.
VC/Leonard asked if the installation of bike lane striping
would encourage street parking.
Mr. Foust responded to VC/Leonard that the primary purpose
of the bike lane is to make the roadway look narrower. A
bike/parking lane promotes both bicycle riding and vehicle
parking. In general, parking lanes are eight feet wide.
Quail Summit Drive is 36 feet wide. The loading zone for
Quail Summit Elementary School is proposed to be 10 feet
wide. The two vehicle travel lanes are proposed to be 10
feet wide and the bike lane on the east side of Quail Summit
Drive will be six feet wide.
In response to C/Tamaya, Mr. Foust stated that although his
example slide presentation included a Los Alamitos City
street showing a skip line center line striping he
recommends the double yellow center line striping for Quail
June 13, 1996 Page 6 T&T commission
Summit Drive area. Double yellow center line striping
discourages passing and allows citation enforcement, lasts
longer than skip line center line striping, and narrows the
street which reduces speed.
Mr. Foust responded to VC/Leonard that vehicles proceeding
on Quail Summit Drive are neither encouraged or discouraged
from a left turn into the school parking area.
Sgt. Rawlings stated that he is concerned that the proposed
measures will back traffic up onto Diamond Bar Boulevard at
Rolling Knoll Drive as a result of vehicles lining up for
student drop off and pickup at the school.
Hubert Wilson, 23649 Country View Drive, stated he hopes the
Austin -Foust study includes information which will allow the
City to request that the City of Chino Hills amend the CEQA
document. The Public Resources Code allows reconsideration
of a CEQA document if new impacts become apparent that were
not considered in the initial CEQA document.
Jerry Hamilton, 1429 Copper Mountain Drive, asked if the
homeowners would be allowed to park in the proposed loading
zone area.
Joyce Meketarian, 23506 Coyote Springs Drive, asked the
consultant to consider recommending placement of a stop sign
at the intersection of Coyote Springs Drive and Sand Ridge
Road.
Jack Tanaka, 23805 Country View Drive, asked why the study
did not address the resident's concerns regarding the
traffic noise from Grand Avenue. Mr. Foust responded to Mr.
Tanaka that the noise is speed related and therefore,
mitigation measures have been recommended to reduce the
speed of the vehicles within the tract. Mr. Tanaka
requested information regarding the resident's original
request for cul-de-sacing of Country View Drive.
Chair/Istik responded that street closures would increase
the response time for emergency vehicles and put the
residents at greater risk. Mr. Foust reiterated that the
emergency vehicle administration is opposed to cutting off
routes which would inhibit emergency response time and
interfere with emergency evacuation measures. In addition,
the survey results indicate a consensus in opposition to the
cul-de-sacing of Country View Drive. Mr. Tanaka asked the
Commission to recommend measures to mitigate the traffic
noise on Grand Avenue. He suggested that some of the bott
June 13, 1996 Page 7 T&T Commission
dots could be eliminated or that all of the bott dots could
be replaced by painted lines on Grand Avenue from Diamond
Bar Boulevard to Rolling Knoll Road. Chair/Istik requested
Mr. Foust include his recommendation for Grand Avenue.
DDPW/Liu responded to VC/Leonard that a separate noise study
would have to be authorized by the City Council to address
the resident's concerns.
Mr. Foust indicated that all concerns raised by the
neighborhood residents will be documented in his study.
Mr. Foust responded to Chair/Istik that chokers are
effective in slowing vehicles. In order for the residents
to approve of chokers, there generally must be a severe cut -
through traffic problem in the neighborhood. He indicated
that even though he would recommend the use of chokers and
speed humps in the area, less than 50 percent of the
residents favor such mitigation measures.
Mr. Wilson asked Mr. Foust if he identified any baseline
traffic volume for Grand Avenue. Mr. Foust responded that
the Grand Avenue traffic count in April was approximately
30,000 vehicles. Mr. Wilson stated he would like the
original EIR baseline vehicle count for Grand Avenue
compared to the current and projected vehicle count for
Grand Avenue to request an amended EIR. Mr. Foust responded
to Mr. Wilson that the information uncovered during his
traffic study will be available for public review.
Mr. Foust responded to VC/Leonard that the school will
reconstruct their parking area with designated parking for
staff. He indicated that he would revisit the possibility
of a stop sign at the intersection of Coyote Springs Drive
and Sand Ridge Road.
Mr. Hamilton suggested the school staff parking be located
on Forest Canyon Drive which would free up area in front of
the school for student drop-off and pickup.
VC/Leonard asked DDPW/Liu to determine whether a portion of
the Paul C. Grow Park could be utilized for school employee
parking.
Don Lemley, 1387 Rolling Knoll Road, requested to know if
the speed hes been monitored on the streets included in the
Neighborhood Traffic Study. Mr. Foust responded that speeds
have been monitored and radar guns were not utilized. Mr.
June 13, 1996 Page 8 T&T Commission
Lemley suggested building out the sidewalks rather than
centerline and bike lane striping to narrow the vehicle
pathway on Rolling Knoll Road. He also suggested parking
could be limited to one side of the street. Mr. Foust
responded that physical barriers limit emergency access.
Mr. Lemley expressed his concerns about placing a traffic
signal at the intersection of Diamond Bar Boulevard and
Quail Summit Drive. He indicated that in his opinion, the
traffic signal will increase the cut -through traffic. Mr.
Foust responded to Mr. Lemley that in his opinion, an
increase in cut -through traffic will not occur as a result
of installation of a traffic signal.
Audrey Hamilton stated she agrees that the double yellow
centerline striping should not be placed on Rolling Knoll
Road. She prefers the skip line striping especially if the
traffic signal is installed at the intersection of Diamond
Bar Boulevard and Quail Summit Drive. She questioned the
need for a stop sign at Quail Summit Drive and Highbluff
Drive because it is too close to the stop sign at the
school. She agrees that a stop sign at Coyote Springs Drive
and Sand Ridge Road is essential.
Mr. Foust reiterated that he prefers not to recommend stop
signs as mitigation measures in residential neighborhoods.
However, in the absence of a speed hump or chocker strategy
speed control devices are minimal. Stop signs assist in
reducing traffic speed.
Craig Clute, 21217 Fountain Springs Road, stated he does not
agree with cul-de-sacing Country View Drive. He reiterated
his concern about the right turn on red from Rolling Knoll
Road onto south Grand Avenue. He indicated that in his
opinion, the proposed striping and signage is overwhelming
to the area and creates an enforcement problem. He
suggested the City and residents monitor the traffic signal
installation at Diamond Bar Boulevard and Montefino Avenue
before proceeding with the Diamond Bar Boulevard and Quail
Summit Drive traffic signal installation. He stated that
although the school principal is willing to compromise with
the residents regarding school traffic mitigation, the
school board may have a different attitude. He referred the
residents to the speed hump installation on olympic View in
Chino Hills. He indicated he favors speed humps and chokers
and encouraged the residents to state their views to the
City Council.
June 13, 1996 Page 9 TST Commission
Jack Tanaka again asked if the Neighborhood Traffic Study
will address the Grand Avenue noise issues and possible
mitigation measures. Mr. Foust responded to Mr. Tanaka that
the study will document the noise issue. However, there
will not be a recommendation for an additional study.
VC/Leonard stated it appears that the Country View Drive
residents are most concerned about the noise generated by
the traffic on Grand Avenue which may necessitate a separate
study to be authorized by the City Council.
C/Tamaya indicated that a resident of Country View Drive
agrees with Mr. Tanaka that the Grand Avenue noise is the
resident's primary concern. The resident suggested
installation of a sound wall. He stated that the Grand
Avenue noise problem will be addressed as a separate issue.
Mr. Tanaka recommended the "yield" sign on Country View
Drive at Deer Crossing Drive be converted to a full stop
sign. Mr. Foust responded to Mr. Tanaka that he will
investigate the intersection for stop sign warrant.
Wanda Tanaka, 23805 Country View Drive, stated that when the
residents wrote to the City Council, the primary concern was
for the noise generated by Grand Avenue. She indicated the
City Council told them to take their concerns to the Traffic
and Transportation Commission and request a traffic study.
She expressed her concern that once the current Neighborhood
Traffic Study is completed the residents have to again
petition the Traffic and Transportation Commission for
another traffic study to address their original concern.
DDPW/Liu responded to Mrs. Tanaka that the original petition
submitted by the residents was to consider the cul-de-sacing
of Country View Drive. Mrs. Tanaka reiterated that the
petition for cul-de-sacing was submitted to the City because
of the Grand Avenue noise and to eliminate the cut -through
traffic, speeding and vandalism in the neighborhood.
DDPW/Liu stated the City Council directed staff to conduct a
Neighborhood Traffic Management Study. The noise concerns
will be stated in the current traffic study which may result
in an additional study specifically directed toward noise
concerns and mitigation.
Mrs. Tanaka invited the Commissioners and concerned citizens
to meet with the residents at the top of Country View Drive
to learn first-hand of the noise which effects the area.
June 13, 1996 Page 10 TAT Commission
Mrs. Tanaka confirmed to C/Tamaya that the original petition
requested the cul-de-sacing of Country View Drive in order
to provide a sound wall for the homes at the Grand Avenue
street level.
Mr. Foust responded to C/Tamaya that he will expand the
discussion of the study to include the fact that the
principle request for the cul-de-sacing of Country View
Drive was to get the sound wall built.
VC/Leonard invited the residents to attend the July 1996
Traffic and Transportation Commission meeting to receive the
Neighborhood Traffic Study final report.
There being no further business to discuss, the workshop was
adjourned at 9:45 p.m.
Agenda Item 6.5
CITY OF DIAMOND BAR
INTEROFFICE MEMORANDUM
TO: Councilmember Werner and Councilmember Herrera
FROM: Linda G. Magnuson Accounting Manager
SUBJECT: Voucher Registers, August 6, 1996
DATE: August 1, 1996
Attached are the Voucher Registers dated August 6, 1996. You will
notice there are two voucher registers. This is due to the Fiscal
Year ending June 30. There is a register for expenditures
allocated to FY95-96 and one for FY96-97. As requested, the
Finance Department is submitting the voucher registers for the
Finance Committee's review and approval prior to their 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 listings of vouchers dated August 6, 1996 have been
reviewed, approved, and recommended for payment. Payments are
hereby allowed from the following funds in these amounts:
FUND NO. FUND DESCRIPTION
001
General Fund
010
Library Services Fund
112
Prop A Fund -Transit
115
Ind Waste Mgmt Fund
118
Air Quality Improvement Fund
125
CDBG Fund
138
LLAD #38 Fund
139
LLAD #39 Fund
141
LLAD #41 Fund
250
CIP Fund
TOTAL ALL FUNDS
APPROVED BY:
Li da G. Ma n son
Accounting Ma ager
AMOUNT
$640,401.74
54.30
21,205.83
2,145.49
331.46
1,033.03
18,708.10
14,824.20
2,920.71
31,413.87
$733,038.73
errence L. Belanger Carol A. Herrera
City Manager Councilmember
RUN TIME: 0g:54:Yc'/:)1;;' r'0uC 4 EE REu 9 T E R
DUE TIO,RC.............
�AuE 1
VENDOR NAME VENDOR ID. * * PREFAIL'
ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. EN7°Y/DUE INVOICE DESCRIPTION AMOUNT DATE GHECk:
-------------------------------------------------------------------------------------------------------------------------------- ---
AN&B Bus Company A&BBusCo
I12-4'360-5:10 136 60E06B 01/4413
112-4360-5,310 138 60806B 02/4418
Aoouelnasr, Saiwa 2000
001-3478 395 60806A
Accurate Landscape
001-4328-2210
001-4311-.210
001-4:322-2210
001-4319-2210
001-4316-2210
601-4331-2210
001-4:13-2210
001-432'5-2210
Accurate
64 60806B 04/3451
-2 601806B 07/3458
68 6C0)6B 09-./3458
62 60806E 03/3458
67 61Y806B 01 /:3455,
12 6CIS06B t./`-/9-458
19 60806B 05%34.58
20 608068 06/3458
Accurate Landscape Accurate
1:122 Ci� 22
.,�-4,.�_�•';.: 18) 52
Accurate Landscape
1339-4539-2210
001-4"_31-21210
001-43522)-5 305
Ali City Management
001-4411-5531
001-4411-55:31
tK)1-4411-55331
Allen. Cheri
t1t11-:347 _'
Accurate
54 60)j,(j6B 01/4409
74 60806B 01/4496
84 608068 01/4533
All City
56, 60806B
57 60806E
55 60SV6-B 01/3384
2010
396 50801;A
07/31 06/.Kj 16,7.1
07/:31 06/:30 1612
07/31 06/30 18831
07/31 06/30
43538
07/31 06/30
4353?
07/:3106/30
43540
07/31 06/30
43 541
07/31 06%30
43542
07/31 061.30
43543
07/3.1 06/30
43544
07/31 06/30
43545
07/.31 06/X 4'335116
07/31 06/30 43631
07/31 06130 43664
07/31 06/30 4366,5
07/31 06/30 0013'54
07/31 06/30 (x11=54
07/21 06/330 01354
017/:,106/0 18910
Trnsp-DayCmp-6/18-SkteE%p
Trnsp-DayCmp-6/27-RegalTh
TOTAL DUE VENDOR --------
Recreation Refund
TOTAL DUE VENDOR --------)
Add'1 Maint-Summtrdge-Jne
Add'l Maint-Paul Grow
Add'3 Maint-RonReagn-June
4dd11 Maint-Peterson-June
Add.l Maint-Maple Hill
Add'! Maint-Sycmre Cyn
Add`1 Maint-Heritge-June
Add -'I Maint-Starshne-June
TOTAL DUE VENDOR
June Maint-Gist # 39
TOTAL DUE VENDOR --------)
Add'l Maint-Dist #331
Petunias-SycCynPrk
SetupStage-ConclnPrk
TOTAL DUE VENDOR --------)
Crssg Grd Svcs -6/23-7/6
Crssg Grd Sycs-6/23-7/6
Crssq Grd S'vcs-6/223-7/6
TOTAL U VENOM --------?
Recreation Refund
TOTAL DUE VENDOR --------
1715.00
175.00
350. 00
67.00
67.00
304.66
26.11
54,10
6;3.64
31.61
1:9.60
22.49
12.97
540.18
900.00
144.00
2100, tiff
1,244,.0
566.08-
666.00
166.06
166.00
42222,;:8;
�C(o ci b
R`JNTiME;;:��:4
D �'.aER.
R.EG.3TER
"uE 2
iuE THRC
............
VENDOR NAME
VENDOR ID.
PREPAID � s
ACCOUNT PRDJ.TX-NO
----------------------------------------------------------------------------------------------------------------------------------
BATCH PO.LINE/NO.
ENTRY/DLE
IWOICE
DESCRIPTION
AMOUNT DATE CHEF.
Allen, Ingeborg
1996
001-3478
394
60806A
07/31
06130
i185u='
Recreation Refund
W
TOTAL DUE VENDOR --------)
:.
Allied Engineering
AlliedEngr
250-4.310-6415 066%
349
60806B 01/3563)
07/3'
06/30
Chngeordrl
MapleHilIADARtroFit
7,234.34
250-4310-6415 06696
353
60806B 01/379✓
07/31
06/30
Chngeordr3
CIP-MpleHillPrkADARetroft
900.00
250-4310-6415 06696
351
60806B 01/-2934
07/31
06/30
chngeordr2
CIP-MpleHillPrk
9,ICAJ.00
TOTAL DUE VENDOR --------}
17,234.34
American Planning Assoc
WlanAsc
001-4210-2320
19
60306B 01/4406
01/31
06/30
08;769
Subscrptn-Renewal-PI/Ing
145.00
TOTAL DUE VENDOR --------)
145.00
American Red Cross
AmRedCross
125-4215-4000
30
608068 01/4466
07%31
06/30
_115;::
CF'R/FrstAidTrng-Sen,,ora
363.,:+0
TOTAL DUE 'VENDOR --------)
363.00
Anderson, Marsha
2009
001-3476
47
60206A
07/31
06/30
1 "ci
Recreation Refund
173.00
TOTAL DUE 'VENDOR --------i
1"'..00
Basrai, Hongmy
2005
001-3478
397
60606A
07/31
06/30
18628
Recreaticn Refund
35.00
TOTAL DUE VENDOR --------'r
35.00
Best Lighting Products
BestLtg
001-4313-,10
71
60%. 6B 01/4531
07/31
06/30
1_6359
Securit/Lights-HrtgF'rk:
:18.75
n 1-4::22-2210
70
60806B 01/4552
07/31
06/30
L6360
BsktblCrtL:ghtRplc-RReagn
530. 45
TOTAL DUE VENDOR --------i
;;4'''.20
Blitz, Mike
A- 16
001-:,474
60
60806A
07/2?1
06/20
1.35_•59
Recreation Refund
430100
TOTAL DUE VENDOR --------}
430.;X!
Born, Pennie
211
-en
001-347 3
+1:A
3901 60'806A
-moi
u, , 31
0j,"10
tri: .'�
�3+:�:
�e-
Recreation .on Refund
_�. UPJ
T.bTAL DUE VENDOR --------)
TOTAL DUE VENDOR --------) 1,170.00
Certified Transportation CertTransp
112-4360-5'310 140 60806C 022.144221 07/31 06/20 1300^ Trsnp-COayCmp-6/26.-MagcMtn 3.1.65
TOTAL DUE 'VENDOR --------i 351.65
Charles Abbott & Asc 7,nc CharlesHbb
001-2300-1012
148 60S+)6C
07/31 06x''30
44
Feb Svcs -EN 95-07
20.00
001-2300-1012
149 606*6C
C-7;31 06/30
44
Feb Svcs -EN 96-140
200.00
F�JNTIME 0954
ns a6,
':1Ct�^H_R REG.ST�R
44
-GE
420.00
001-2,,'00-1012
DUE THRU
.............O,-;,
44
Feb Svcs -EN
VENDOR NAME
VENDOR ID.
25 60806C 01/3373'?
071/31 06/30
44
PREPAID #
ACCOUNT
---------------------------------------------------------------------------------------------------------------------------------
PROU.T%-NO BATCH PO.LINE/NO.
ENTPYIDUE
INVOICE
DESCPIPTION
AMOUNT DATE CHE=F.
Carol Dennis
CarolDenni
208 6C%o06C
07/31 06/10
47
EngrSvcs-FPL 96-0071
001-4210-4000
58 6(,3001, 01/3121
07%31 06/30
ADR9504
AUR Minutes -5/20-6/10,27
130.00
001-4040-4000
a2 60806C 01/4450
07/:1 06/30
DBCC9602
MntSecrtry-CCLk-6/18
200.(x?
(4)1-4210-4000
56 60806C 01/3121
07/:31 06/30
PC9604
Minutes -Ping -6/10,24
'80.40
001-4;`0-4800
63 608060 02/4450
Ol/^1 06/30
F'RR960:3
MnteSecrtry-CortSvcs-6/'27
160.00
001-4553-400)
25 603060 02/3121
01/31 06/30
TT9604
MntSecrtry-PubWks-6/13
300.00)
TOTAL DUE VENDOR --------) 1,170.00
Certified Transportation CertTransp
112-4360-5'310 140 60806C 022.144221 07/31 06/20 1300^ Trsnp-COayCmp-6/26.-MagcMtn 3.1.65
TOTAL DUE 'VENDOR --------i 351.65
Charles Abbott & Asc 7,nc CharlesHbb
001-2300-1012
148 60S+)6C
07/31 06x''30
44
Feb Svcs -EN 95-07
20.00
001-2300-1012
149 606*6C
C-7;31 06/30
44
Feb Svcs -EN 96-140
200.00
001-'2300-1012
150 60806C
07/31 06/30
44
Feb Svcs -EN 96-141
420.00
001-2,,'00-1012
151 60806C
07/31 061:30
44
Feb Svcs -EN
840. 00
001-4510-4520
25 60806C 01/3373'?
071/31 06/30
44
City Engr Svcs-Feb96
10,500.00
001-4510-4520
27 608060 01/37:1+
07/:31 06/::,!
44
City Engr Svcs-Feb96
1,4CK?.00
TOTAL DUE VENDOR --------) 13 720.00
Charles Abbott & Asc lnc CharlesHbb
401-2300-1010
202 60:1:16.0
0)71:31 06/30
47
Ma,` Svcs-FF'L 95-057
255.01)
001-2200-1010
203 60806C
07;'"S1 06/30
47
May Svcs -FPL ?5-063
17j.(KI
.01-2300-1010
204 60.x.0J6C
07/:.1 06i30
47
May Svcs-FF'L 96-01
255.00
001-=Cq)-101005
60806.0
07131 06/3'0
47
May Svcs-FFL 96-02
255.01
cx)I-2'00-1010
206 606060
07'31 06/30
47
May Svcs -FPL 96-04
2C5•`")
)01-2Y?0-1010
207 608060
0)7/31 06/30
47
Mav Svcs -FPL 96-05
420.00
(k)1-2211-1010
208 6C%o06C
07/31 06/10
47
EngrSvcs-FPL 96-0071
280.00
?01-2 00-1010
209 60806C
07/31 06/30
47
EngrSvcs-FPL 96-009
280.00
C?01-2300-1010
210 60806C
07/31 06/30
47
EngrSvcs-FPL 96-010
280.00
001 =00-1010
211 'on" )6C
07/31 06/30
47
EngrSvcs-FPL 96-017
420.00
)1-2300-1012
152 60MC
07/31 06/30
47
EngrSvcs-En 95-129
::42.41
001-4510-4520
29 60806C 01/3739
07/31 06/30
47
City Engr Svcs-May96
5 izW-00
001-4510-5221
1:. 6)MC 01/4087
07/31 0;6/30
47
EngrIn=_pectSvcs-Woodbrdge
121.75
TOTAL DUE VENDOR --------) 3,114.16
Charles Abbott & Asc Inc Ch rlesAbb
001-4510-4520
31
6:0806C
01/3739
071731
06/30
46
City Engr S.cs-Apr'`<,
C?01-4510-5227'?
6C.06C
_=546
07/31
06/30
46
InspSvcs-Apr-TR 31977
303.75
)01-4551-522
270
608,)'C
07/:11
06/30
46
Apri1EngrSvcs-Lodgpole
49.50
_)01-4551-5223
:,.
6(?,06C
01/407+)
07/31
06/30
46
F1nChk:Svcs-WagnTrain-Apr1
133. 77
TCT«L DUE VENC'Ft--------) =,1A-17.0=
R;!NTIME: 013":54 V0UCHyER R,E0. `R
LIJE TrRU.............w8/;hi
VENDOR NAME VENDOR ID. PREPAID 4
ACCOUNT PROJ.TX-NO BATCH PO.LINEi'O . ENTRYi71UE !WOKE DESCRIPTION AMOUNT DATE CHECK
----------------------------------------------------------------------------------------------------------
Charles Abbott & Asc
Inc CharlesAbb
001-4510-4520
33 60806C 01/3739
07/31 06/30
48
City Engr Svcs-June96
7,980.00
001-4510-4520
35 60606C 01/373.?
07/31 06/30
45
Adj-Duplicate Pymnt
255.00 -
TOTAL DUE VENDOR --------)
7,725.00
Charlies Sandwich :3hop Chariies
x)01-4,^..10-'_3'25
Il 608060 01/4544
07/::1 06/:30
9663
Lun,-h Mtg 6/27-DvipCode
65.40
TOTAL DUE VENDOR --------)
65.40
Chavez, Michael
001-3474
=2 6�)806A
07/31 06/30
18704
Recreation Refund
50.00
TOTAL DUE VENDOR --------)
50.00
Chen, Mindy
2037
001-3473.
401 60606A
07/31 06/30
15711
Recreation Refund
66.00
TOTAL DUE VENDOR -------- }
61.00,
Cheng, Jui
1'a8
001-3478
400 60806A
07/31 06;:30
17675
Recreation Refund
42.OjO
TOTAL DUE VENDOR --------)
42.00
Chih, Jane
20131
00i-3473
="9 60806A
071/31 06/30
18914
Recreation Refund
12.00
TOTAL DUE VENDOR --------)
12.1;0
Cirtas
Cintas
ij(,1-4311.-2130
12^ !•0866C 01132)6
07/31 06;30
6404_,'3527
Un,frms-Prk.Staff -w of6/24
17.07
TOTAL DUE VENDOR --------)
17.07
Collier, Julie
2024
001-^4.74
61 60806A
07/:31 06!30
131?0
Recreation Refund
S;, DO
=TAL DUE 'ENDOR--------}
`0.00
Commerce Cite Maintenance CouCtyMain
001-4:314-':210
103 60806C 01/3325
07%311 t)r,/:�o
73:=:_1
CarpetCieanin4HrtgPk-June
75. Of
TOTAL DUE VENDOR --------)
75.00
De Stefano, Jim Destefanc
001-40`='6-233!) 37 60806G 07/31 06/30
Dept of Transportation DeptTrans
001-4510-5507 67 608060 01/4215 07/31 06/30 139013
Diversified Paratransit DiversPara
11'2-4553-5519 67 608160 01/4150
Diversified Paratransit DiversPara
112-4551-1-5529 69 60a'06F 01/4150
Dominguez, Samuel 1994
001-3.473 402 60806A
Duchowski, Mary 1'?',!7
001-3478 403 60806A
07/31 06/30
07/31 06/30
07/31 06130 18612
07/L1 06/:30 17/9;4
73TAL DUE VENDOR --------) 5,214.63
Trvl&MtgExp-ICSCCorf5/6-8 266.59
TOTAL DUE VENDOR --------) 216•59
SignalMaint-May 96 1,147.79
TOTAL 'DUE VENDOR -------- ) 1,147.79
DialACabPrgrm-6/1-6/15 7,790,+:;
TOTAL DUE VENDOR --------i 7,790.09
DialACaG�r4r"�-Ft16-6/3!
6,505.c.
TOTAL LUE ',;E4+D!]k --------
) `�'•�•'�o
Recreatian Refund 42•00
TOTAL DUE VENDOR --------- 42.10
Recreation Refund 84.01;
TOTAL DUE VENDOR --------> 84.00
l- is r
a 4
C i t
'r 0}
-a 2t 0
n3
rr -
-AGE 5.
''JNTIME- 09:5402r31r'',
dUU
FlER
F�,r �
a -'.
DUE THR!...............
VENDOR NAME
VENDOR ID.
PRE'P'AID
AML",1NT DATE CHE; =
ACCOUNT PROJ.TX-NO
--------------------------------------------------------------------------------------------
BATCH PO.LINE/NO.
ENTRY/DUE
INVOKE
DES- ;IPTION
Community Disposal Co.
001-4510-5501
ComDisposi
24 60806C 01/350;:
07/31
06/30
StreetSweepSvcs-Mar/June
19,50-1.50
Ti7,AL DUE VENDOR --------?
Converse Consultants
001-4551-5221
ConverseCo
19 6Y806C Ol/3906A
07%31
06/33
: '0834
GeoTechSvc-SeepgeStdy-Jun
6,111.12
TOTAL DUE VENDOR --------)
6,111.12
D&J Engineering
001-4220-5201
D&JEngine
33 60806C 01/3279
07/31
06/33
96db-07
Bldg?:SftySvcs-6/17-6/28
4,45:8.38
250-4310-6415 06596
355 6+:!8C!bC 01/4=!35
07/31
/30
96pkpntr+)5
CIP-PanteraPrk-F'rofSvcs
252.50
250-4310-6415 06596
357 60806C 01/4286
07/31
06/:30
96pk:pntra05
PanteraPrk-CIP-Sv._s
523.75
De Stefano, Jim Destefanc
001-40`='6-233!) 37 60806G 07/31 06/30
Dept of Transportation DeptTrans
001-4510-5507 67 608060 01/4215 07/31 06/30 139013
Diversified Paratransit DiversPara
11'2-4553-5519 67 608160 01/4150
Diversified Paratransit DiversPara
112-4551-1-5529 69 60a'06F 01/4150
Dominguez, Samuel 1994
001-3.473 402 60806A
Duchowski, Mary 1'?',!7
001-3478 403 60806A
07/31 06/30
07/31 06/30
07/31 06130 18612
07/L1 06/:30 17/9;4
73TAL DUE VENDOR --------) 5,214.63
Trvl&MtgExp-ICSCCorf5/6-8 266.59
TOTAL DUE VENDOR --------) 216•59
SignalMaint-May 96 1,147.79
TOTAL 'DUE VENDOR -------- ) 1,147.79
DialACabPrgrm-6/1-6/15 7,790,+:;
TOTAL DUE VENDOR --------i 7,790.09
DialACaG�r4r"�-Ft16-6/3!
6,505.c.
TOTAL LUE ',;E4+D!]k --------
) `�'•�•'�o
Recreatian Refund 42•00
TOTAL DUE VENDOR --------- 42.10
Recreation Refund 84.01;
TOTAL DUE VENDOR --------> 84.00
L `i u � :. 17,a r; � D d �`
h'JN TIME 69:54.=;'+il;
,y Vt OUCHt ER 'RrGI5TER -'E
DUE THFu.............0.8 66
VENDOR NAME VENDOR ID. PREPAID # #
ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHEF
---------------------------------------------------------------------------------------------------
Espinosa, Emma 2+,:31
W1-:3478 404 60306,1
Federal Express Corp. FedExpres5
001-4090-'2110 40 60606G
Finnerty, Annette FinnertyA
001-4350-4100 41 608,06-E
First Interstate Bank Fir5tInter
1n+1-4010-1325 154 60806D
Fong, Franklin FongF
001-4110-4100 47 60806E
Fuibright & Jaworski Fil.bright
001,-4010-4011 67 60806D 01/4664.
Furuken, Clifford 2C 26
r
O(i i -:_ 413 4C)5 �_ �.�,, :,;;,
GTE California
ip0 1-40`-0-11.
GTE
83 60806D
07/31 ik/ is 1
07/31 06/30
07/31 06/30
07/31 06/30
07/31 06/30
07/31 06/:30
07/31 06,/0 18561
07/311 66/30
GTE California UTE
OQ1-4319-2126 17 60;t 6D 01'131 06j' i"*
Recreation Refund
TOTAL DUE VENDOR --------
Express Mail Svcs-GenGovt
TOTAL DUE VENDOR --------)
PrkCommMtg-6/17
TOTAL DUE VENDOR -------->
Mtg 6/15 -Werner
TOTAL PREPAID AMOUNT ----
TOTAL DUE VENDOR --------)
PIngCommMtgs-MCManus
TOTAL DUE VENDOR --------
Spec Legal Svcs -MRF -June
TOTAL DUE VENDOR --------
Recreation Refund
TOTAL DUE VENNDOR--------)
f'hne Svcs -City Hotline
"OTAL DUE VENDOR --------)
Phne Sacs-Perterson Prk
TDTAL DUE VENDOR --------)
9.00
?.00
189.95
129. 95
40.00
40.00
97.03 06/33C/96 0000 0 jn 11h,
'x7.03
0.00
'00. 43
00.4:3
45,00
4` 00
"2.76
K. 76
41.1'3
41.x{
F'z_iN TIME: ;x,;.54 08/011;°=.
fa W 4 a h 4 4
V - M n - T F':
DUE :THF ,...............%.
,, _
VENDOR NAME 'VENDOR ID.
ACC'"T PP.OJ.TX-NO BATCH PO.LINE/NO.
----------------------------------------------------------------------------------------
ENTRY/DUE 1
WC, ICE
DESCRIPTION
AMOUNT DATE
GTE California
001-4040-2125
GTE
23 EA$06D
07/31 0,6/3'
Phne Svcs -Bldg & Sfty
147.08
TOTAL DUE VENDOR --------)
147.0t=:
GTE California
001-4090-2125
GTE
25 60831.SG
07/31 06/30
Phone Svcs-Bldg&Sfty
122.4`
TOTAL DUE 'VENDOR --------)
12?.40
GTE California
118-4098-2125
GTE
17 60806E
07131 06/30
Phone Svcs-CityOnLine
257.96
TOTAL DUE VENDOR -------->
257.96
GTE California
GTE
010-4.55-2125
6 08'060
07/31 06,30
shone Svcs-LibraryPraj
54.30
TOTAL DUE VENDOR -------- )
54.30
GTE California
GTE
001-4090-2125
86 6,08060
07/'3i %J30
Phone Svcs -Gen Gov'
1 Sri„1?
TOTAL DUE 'VENDOR --------)•t?
Gishwiller, Tom
2097
001--J474 474
63 6060 A
07/_'11 "h/30
115,;6
*Recreat,.on ^;a4'wnd
4'19_>.tal
TOTAL DUE VENDOR -------->
430.00
Goldenberg,Michael
Goldenberg
1
101-42.+94100
1
44 608jEE
07/.1 16 /30
Ping Comm Mtgs-6:/10,24
120,vti
TOTAL DUE `:'ENDOR--------)
i '.00
Gordon's Inc
Gordons
1'25-4215-1200
52 608066 21/.:368
071:1 0{x/30
100';'9.90
Cupplie_-CmgriCDBG
, , ,-
I: J- 4215-1'0+''
53 60806607/31
06 '30
1000'9010
Supplies-Cmgr/011K
1<='-4215-12+.)1
54 60806 6
07f31 On/30
1C�i;
1 9r)
Supplies-Cmgr/GDBG
'=.--
901-4'10-1 04
55 608066
07/:1 06/30
10948760
Supplies -Ping
37.17
Dol -4510-1200
42 60806G
071.1 06;30
1798'2630
Supplies -Finance
214.:2
001 -4090 -120
1 G
; 'j1 17 •3.�
<._`.�
-Gen
r7Llpp1 a Gen 60vt
75
Ool-4040-1200
28608C6G
07/31, 06=/ 0
1091F.' iC,
Supplie5-Finance
7.75
TOTAL DUE VENDOR --------)
3'94..;4
** o+ R amor d gar �a+ Vy 15_9
!JN TIME: 334:54 id =:'li'ab v 0 C H E R R E G S 7- ..
VENDOR NAME VENDOR ID. PREPAID
ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTR.i/DUE INVOICE DESRiETION AMOUNT DATE CHE"vl.:
------- ----------------------------------------------------------------------------------------------------------------------------
Hall & foreman Ha l l Worem
001-4510-52::7 211 W8061) 01/4445
001-4551-5223 Z 4 60,B06D 01%4454
Haloz Laser Tag Center HalozLaser
001-4350-5310 192 60'8106D 01/4472
Halverson, David 2002
001-33478 1-;3478 407 6OS06A
Hensen, Roberta -'ci28
001-3478 406 6n, 6A
HighPoint Graphics HighPoint
001-4096-4000 217 60806D 01/413?
Hurlbut, Gina 20''
LJ
0)1- 3473 408 60606A
Image IV Systems Inc. - Image4Sys
001-4090-2100 56 60806D 02/3347
U01-4090-224
00 1: 3 6(r806D 01/3347
Jain, Indu
t,) �1-:2478
31733
410 F,06%A
07/1 06/30 0_,2344
07,% 1 (16/30 0`52345
07/31 06/:30 1r<,1328�
rV�'
07/31 06/3X 1869
07 1Q1 06/:0 186:
07/:31 06/30 54502
07/31 061'216, 187':7
07/31 06/30 216734
07/31 06/30 216734
07/31 06/30 1'.857
James, Frank 2040
001-3472 48 60806A 07/31 06/30 18864
Retaing Wall Inspctn Svcs
F'lanChkSvcs-Steeplechse
TOTAL DUE VENDOR --------}
DayCampEzcursn-6/18
TOTAL DOE VENDOR --------
Recreation Refund
TOTAL DUE VENDOR --------
Recreation Refund
TOTAL DUE VENDOR --------
DesignSvcs-CtyHomePge
TOTAL DUE VENDOR --------
Recreation Refund
TOTAL DUE VENDOR --------)
Konic Copy Charges -June
Konica Maint Svcs -June
TOTAL INE VENDOR --------)
Recreation Refund
TOTAL DUE VENDOR --------
Recreation Refund
TOTAL DUE VENDOR --------!
101.25
4_'n. -
rr
L�d
533. 5-3
112.00
132.(x)
1" �0
115.00
117.00
19.00
275.00
275.00
35. OC
::5.00
350.00
173.80
95.+00
00
I':,cn)
19113100
=!N TIME .`4 ,1. c1c 'd
DUE TNF:U..........
L.A. County -Sheriff's Dep LACSheriff
001-4411-5404 22 WS06D 07/31 06113-0 77040
L.A. County -Sheriff'=_ Dep LACSheri
!,01-441-C401 n Ct7 31 C)6i30 76933
may-SpecEvent-CalvChapl J,645.-521
TOTAL DUE VENDOR --------> 5,645.=2
June Contract Svcs 't?' ''46.' 4
TOTAL DUE VENDOR --------i 310'. 946-
* * PREFIAID s f
VENDOR NAME VENDOR 10.
ACCOUNT F'ROJ.TX-NO BATCH PO.L?NE,`N0.
-------------------------------------------------------------------------------
ENTRY/DUE
INVC?CE OESCRiF'TiON
-------------------------
U!di DATE �HE}':
-------------- r ----
Judicial Data Systems
JudDataSys
45 60806D
0=/01 06/30
June Prking Cite Svcs
207.'20
oCit-4411-5405
TOTAL DUE VENDOR --------}
207.20
Jugo, Cynthia
0t001-3,478
19,73
08
411 6,��_U6A
07i:D1 O6/30
18590 Recreation Refund
7i7,''`j
TOTAL DUE VENDOR -------->
79.00
K & V Blueprint Service KWB1ueFrt
[
(eroxgvcs-FY 966 97
325.0't1
o-, ,•f�\�'�
C�t_t-4O.C.-LrW
�4 Fi180 i 92
tvv •Jf.��'C 411144.E
1:' i ,0
07, J1 a6I-•
TOTAL DUE VENDOR -------`)
K5.00
Kens Hardware
001-4310-1:V)
Kens
111 60'2,06,11 01/327'1
07/31 016/30
General Park Supplies
.79
105.50
001-4:113-2210
73 biO(M-D 0:3/_ 270
')7/31 06/30
Maint Supplies-Hrtge?rk
1�t`
2
001-4316-210
68 608061+
07/31 06/30
Maint Supplies -Maple Hill
7 .77
001-4328-"x'10
6 60806D 08i:'27 0
07/31 06/30
Mairt Suppls-Summtrage
45.46
iX11-4K3I -2210
76 6t0'06D t7y%33270
07/ 3 1 06/30
Ger, Supplies-Sycmre Cyn
81.2j
141-4541-z-'10?
60=063 01i43Q
1)7;31 06130
95027 Backflow Maint-Dist #41
142.
TOTAL DUE VENDOR --------
CCC . 6�3
Kinkos Copies
115-4`15-1:.352
k:.ink:oCopy
19 6081.-,6D ()1'4521
07/:11 06(-')
11 00f) 07 UsdOi?Rl'=:Jrnt-Fosters
115-4515-''352
2�! 60`'tF60
tYdi01 OrJ30
110001070c62 Correction
463 5:'-
115-4`15-'352
21 608063
08101 06/30
110001;)70'::62 Used Oil Rec`;ciingPoster.
46:,.=5
TOTAL DUE 'ENDOR--------)
463.85
Kompan Kompan
;`_:0-4310-6415 tt89' 359 60806D 01/4572
07/31 06/30
60344 FlaygrniEquip-MaPIEHi?1
t3•..
TOTAL DUE VENDOR --------)
68.'x6
L.A. County -Sheriff's Dep LACSheriff
001-4411-5404 22 WS06D 07/31 06113-0 77040
L.A. County -Sheriff'=_ Dep LACSheri
!,01-441-C401 n Ct7 31 C)6i30 76933
may-SpecEvent-CalvChapl J,645.-521
TOTAL DUE VENDOR --------> 5,645.=2
June Contract Svcs 't?' ''46.' 4
TOTAL DUE VENDOR --------i 310'. 946-
+++
Ctr sf G�amond 8ar ^*v ~/3
REGl2TER
�_E 0
��T���09�54��01��
VOUCHER
\ /|�^l
DUE THRU....,........O8�w/�a
-
* * PREPAID * *
VENDOR NAME VENDOR 0`
ACCOUNT PROJ.TX�0_BATCH _PO.LlNE�0'_____
-----------'
ENTRy /m�_________________
_
l����
DESCRlpTION
______________________
AMOUNT
DATE CHE�1
L.A. King Co
0V1'4V9V-625O
4 »u 01/++/3
oowv0
07/31 O6/30
22406SoundSysUpgrde'tgComCtr
1,307.00�i»gCo
1,�.0O
TOTAL DUE VENDOR ''-'-'''>
1,307,00
L.A.County Public Works
LACpubWk
82
001-4510-55-30
26 60806O
07/31 06/30940)000114:25
94 l d��eSv
Apr n cs
yqq ^
001-4510-5530
27 6O806Q
07/31 06/3*
94OOO12288
Aug 94-lndWsteSvcs
302.79
TOTAL DUE VENDOR '---'--->
1.ac.61
L`A^Cou»ty Public WorksLACpubWk
001-4510-5507 /0 6V80ou
'---
07/31 O6/3V
950OOVV6813
Labor-Accident
1'146.48
001-4510-5507
68 6V8V6O
O7� 1 06/3*
/o
96000007181
LaborL2/11-AccidentCarpio
2,343.V6
O01'4510-5507
69 608060
07/31 06.
96000007180
Labor10/17'AccidentHighld
1.,35.89
TOTAL DUE VENDOR '-'-'''->
4,775.43
LA Cellular Telephone
LACel\ular
84 60180,61)
07/31 06/30e
June -Cell phne Svcs
'
3\8 38
'
06/30/96 (mm�30141
�1'4�V'21�
TOTAL PREPAID AMOUNT -''->
3�8.38
TOTAL DUE VENGC0 ''-'''''>
0.00
Laverne, City of
LaerneCit
001'4411'5405
43 6083)60
06/3*
June'P kg Citation ��
7 00
'
TOTAL DUE VENDOR -------->
7.00
Law Oscar
O0'-4350-4100
LawO
44 60806E
07/31 06/30
40.0V
TOTAL DUE VENDOR '---->
40.00
Lin` Party
�YV
O01-��8
412 6V ovm�
87/31 04 /",
18Y74
�rreation ReF�d
38.00
TOTAL DUE VENDOR ''''
'
Lopez' Jose
V01-3472
49 6Q 2041O7/31
000*
O� \8Y67
/",
»pereation Refund
198.00
TOTAL DUE VENDOR '---'-'-}
�98.00
Los Angeles County
0O1'4VYO'213V
�Cl»tSc4
1O6 608V�O 01/�@
V7/?1 06/30 92O
pager Leasp Svcs-Jme
139'V5
�,
T r 1 r"�� i 1
`l
E 54
PREF AID
VENDOR NAME
ACCOUNT PROJ.TX-NO
----------------------------------------------------------------------------
VENDOR 1D.
BATCH PO.LINE/N0.
ENTRY/DUE IN`r`OICE
DESCRI
AMOU*:T DATE ��r--
Macon, Carol
001-3470
2018
415 600*11SA
07/:1 06/30 18735
Recreation Refund
30,00
TOTAL DUE VENDOR-------->
30.00
Mariposa Horticultural Mariposa
60806E 0114582
071;1 06/30 '320
Add'! Maint-Dist #3 May
866.74
1:'-4538-2210
158-4538-5500
.0
26 60806E 01/3142
07/31 06/30 5444
June Maint-Dit #33��
3 :100. 00
138-4`?"=_-2210
8'2 60806E 01/4582
07/31 06i-• `?446
AddI Maint-Dist #38-June
_21,64
TOTAL DUE VENDOR--------1
4,388.38
Marvi, Sakina
Q01-::47'3
2046.
420 6.0806A07,3.
1 0� i 88x+2
11/3) 1�..
Recreation Refund
:6.00
TOTAL DUE VENDOR -------->
36.00
Marvin, Robert
001-2300-1002
MarvinR
69 60806E
67!31 06/30
Refund-HrtgPrkDepst
20'%• �
��UI-h'20
34 60$Oc,E
07/31 !�6I30
Refund-Staff Chrges
3'••+0
0362
01-0
5 60806E
07/21 4k./30
Refund-SpecEventins
65. 00
TOTAL DUE VENDOR--------)
296.00
Mauch, Karrie
001-347 , c'
2027
413 c,,c;O;;A
07!31 !),/30 1?34
Recreation Refund
V17
uTAL DUE VENDOR--------)
Maieiner, Tara
0+1-3474
2015
64 6'K(.--6A01/31
06/30 1865=:
Recreation Refund
55.1+0
TOTAL DUE VENDOR -------)
55.;D)
McManus, Joseph
0i-42i i-4100
McManusJ
48 60806E
08/01 6i:3i?
_
FingComMtgs-r,/i',�4
1��'•`=`]
TOTAL DUE VENDOR--------)
i20.00
Mccarron, Winnie00
2`323
414 6CA-30
07:31 06/= 0 1.6.32
Recreati n Refund
6:0,c7i;
1-,.4, _
,A
TOTAL DUE VENDOR --------)
60.t)o
Mease, Donald
2 i42
1?j:a 0l 1'_ij 1;3 19
Recreation Refund
ix)1-3472
50 080
b `'A
-
-TAL -DUE VENDOR 'r
•
^
t
=
AGE
FUN TIME: U'i•54 -)8/
V �' ..
� U H
E - R _ u
. 'S T F;
DUE THFU,
...........03/
VENDOR NAME
ACCOUNT PR'OJ.TX-NO
---------------------------------------------------------------------------
VENDOR ID.
BATCH PO.LINE/NC.
ENTRY/DUE INV'O10E
'DESCRIPTION
AMOUNT DATL------- CH6-.-
Medina, Raul
W1-4350-410'?
MedinaR
42 EA]206E
07/=1 06/3+?
Prk Comm Mtq-6/27
.,
TOTAL DUE 'VENDOR-------->
4?-` 00
Miller, Imsun 1992
416
001-31473 60b06A
1.7/31 06/30
1 '743
-
Recreation Refund
:,r,•QQ
TL'TAL DUE VENDOR-------->
36.Q.
Mitchell Pest Control
,�
001-4..19-;110
Inc MitchellPe
5 '
64 60206E 01,4•�4<
07/31 G6130
OOti23179
TreeSpra Svcs-F'etersnF'rk
V
275.t1�7
TOTAL DUE VENDOR--------)
275.00
Mobil
401-4490-2310
Mobil
114 60206E 01/4153
07/31 06/30
Fuel-Gen Govt-June
E'•1.
001-4210-2310
43 60346E 01/4403
07/31 06130
Fuel-P'ing-June
77.27
001-4310-2310
103 60206E 02/4353
07/31 06/J0
Fuel-Prk&Maint-June
218.59
001-4415-2310
44 6ir306E 01/4547
07/31 06/30
Fuel-Coff&VltrVehcl-June
124.14
TOTAL DUE VENDOR--------)
4SH'.12
Nelius Lisa
_
2i?3
:.A
417 6..020(
07131 06/.30
18622
Recreation, Refund
42. Cu
TOTAL DUE VENDOR--------)
4.`%0
Norris-Repke Inc.
NorrisRepk
250-4510-6411 09996
114 64206E +:1/:37554
07/31 06130
97014
GesignSvcs-BrClr,.-May{Dune
250-45104411 10295
116 60806E 02_/3754
07/31 06/34
',+7i ?14
DesgnSvcsPthfndr-May/June
'•67,x`
T[.`, =,L DUE 'VENDOR.--------)
' ::=41 • i+
O'Connor, Debby
001 -4350-4100
OconnerD
43 608lE�E
07/31 ; /?
F'rk:CommMtg-F /%7
40,
TOTAL DUE VENDOR --------)
40.00
OCB Reprographics OCBReprogr
25+?-43111-6415 11T?6 361 Frt206E G1/398i
07!31 06130
374221
F'rta/CourierSvcs-MapleHil
410.:7
7!3TAL DUE VENDOR--------)
410.67
Office Depot
CfficeDeoo
•`,,,,;:;
.
1?`-4215-E25)
4 c'.-0806E 1!/4413
:
17,13i CF�"1
i1/,f4724::�
cloorkacUisply-HrtaPrk
•,jc
TOTAL DUE VENDOR--------`'•=`
� 'r k /;� QC
RiJN TIME. .= .`_4 _,+-1' ``
VOJCHE„
R:`
3.51"T �`j
I -yDE i
DUE THRU.............
# PREFATD
VENDOR NAME VENDOR ID.
ACC'a)NT F'RDJ.TX-NO BATCH PO.LINE,�NO.
-------------------------------------.----------_.----------.----------
ENT,'vY/DUE INVOICE
DESCRIPTION
-
AMuuNT DATE -SHE --
-_-----------r ----
Payne, Donna
0l -:347
2044
51 E:O50L,A
07;31 06/30 18427
Recreation Refund
144.!x)
TOTAL DUE VENDOR -------- }
144.00
Pomona Judicial District PomJudDist
07/:31 Ot,Jvti1
June Prkg Citations
290.00
001-3223
43 60806E
TOTAL. DUE VENDOR --------)
-'!).00
Pomona Vly Transportation PomonaV'ly
142 60806E 01/4434
07/:!1 061"30
1082
ShuttlSvcs-Cor.InPrk-6/26
3,r3.75
112-4360-5310
TOTAL DUE VENDOR --------)
39':.75
Preferred Detailing
PrefOetail
96.00
!k)1 -4440 -?200
11 61806E !)1/4231
07/31 !x`-+/30
304
Maint-EDCTrailer
TOTAL DUE VENDOR --------)
'6'.00
Ouon, Catalina
1J1?i-347c:
=012
409 60806A
07/31 06/30
18630
Recreation Refund
49.W
TOTAL DUE VENDOR --------)
49.00
R y D Blueprint
+.)01-4553-2110
RkDBlue
13 60806F 01/3321
07/31 06/30
9546
Traffic Study-Prtg Svcs
69.36
TOTAL DUE VENDOR -------- )
69.36
R.H.F. Inc.
001-4411-2200
RHFInc
25 60806E 01/4.206A
07/31 06%30
195 5
RadarUnitRepair/Callib
126.16
TOTAL DUE VENDOR -------- }
126.16
RJM Design
25!;,-431!)-6415
RJMDesign
1!669F. 367 6080hA 01/C3359
08/41 06f30
11512
ProfSvcs-MaplehiiiR:etroft
2%40
:50-4310-6415
065696 •369 60806A 01/C3359
0$/01 06/3.0
12,11463
Const Mgt-MaplehillRetro
5,534.50
250-4310-6415
0&96 365 60806A 01/C3'S9
08/01 06/30
115`1
ProfSvcs-MaplehillR.etroft
267.50
250-4310-E.415
11796 363 60`.Y!6A O1/3�"?7A
08/01 06130
1158:3
Prof Svcs-MplhillRetrofit
7510'•`)1!
TOTAL DUE VENDOR --------)
6,572.40
Ralphs Grocery
!x01 -4350-12i))
Co. Pa"phs
114 6080�F !?1/:666
07/31 O6/_:0
13471S/175:135
Supplies -Tiny Tots
1-S•''P
0r,1-4:50-1209
116 60806F t1/666
17/31 06i:30
17559
Supplies -Recreation
15.44
WI -4'_11;-1200
113 60846F 02/ 3666
07/:31 06/30
17591
Gen.Park Supplies
16.:3
TOTAL DUE VENDOR --------)
15;.17
PUN TIME � 54 ,)' =E.
rE
E
'THFJ
JUE ..............
PREPAID
VENDOR NAME
ACCOUNT F'ROJ.Tt-NO
--------------------------------------------------------------
VENDOR ID.
BATCH PO.LINE-NO.
ENT FRY DUE !NV'CiCE
CES RIPTTON-----
----------------------------
�'- ---------------
Renga, Josephine
'045
52 60806A
:)7;211 06/30 i3968
Recreation Refund
13•n)
o01-3472
TOTAL DUE VEDIOR-------->
1'93.11'0?
Rescue Rooter
001 -432"R -22210J
RescueRoot
603iiE� 01/4541
07/31 U6;a0 420F21'0
SewerMaint-Sutnmtrdge
1,151,.-. Of)
TOTAL DUE VENDOR --------}
RonKranzer&Assoc C.E.
001-4551-5223
Inc RKA
276 66806F 01/3851
07/31 0E./30 449'2
Flan Check Svcs-Falcn'Vw
151.75
001-4551-5223
273 60806F 01/4051
07/31 ;16/:30 4492
Plnacks5vcs-FicnsVw
`1.00
24.53
001-4551-5223
210 W806F 01/3861
07/31 06/30 4492
Flan, Check Svcs-Woodbrdge
381.42
001-4551-5223
281 60806E
07/31 06/'30 4492
Plan Check Svc5-TT 23�i'2
189.37
001-455!-5223
'2 ,
0.: 6030+JF Olj4!r5
, ,`
07/..1 G613�- 44''
c
FlnChk�.vcs-Woodbrdge
TOTAL 'DUE VENDOR --------1
833.07
Rose, Evelyn
i�)1-347c"",
2029
418 E�),=;t)6A
07/1 0)6/30 186.1-
Recreation Refund
1'� 0i
TOTAL DUE 'VENDOR --------?
Rutan & Tucker
RutanTuck:r
!:1/45-'3
07/31 06/30
vs City
4,74'x.1:
C)f)1-4t12tr-4011
Ei? 6;$li6E
TOTAL DUE 'VENDOR -------- ;
4,749:68
Ruzick:a, Joseph T.
-�<
Ruricka,J
?1 0E./30
i)? /'-
Ping Cow) Mtgs-6/1t 24
120.00
4., ,C);!6E
-uTAL DUE VENDOR --------)
1:0.00
Ban. Gabriel 'Valley
0
SGVMAA
65 60306F 01/4688
r i i;r', :_i
77/:=1 6 )
Track: Fi_idRegistratien
00.00
001-4:=5G-4:3
TOTAL DUE VENDOR -------->
"00.00
Santiago, Lizbeth
';
20
421 E�):OA
071..1 OE/3i) 1891?
Recr ea* -ion, Refund
,,,:-)t)
0h)1-.147_
4221CiS06A
07')1 06/") !,'?^0
,
Recreation Refund
45. 00
TOTAL DUE 'VENDOR --------
00
Schad, Don
SchadD
'
1)71;1 C) i;0
PinCOmR�MtgS-E:iji> '�4
_)
Ol
46 6s'.:i)E.E
TOTAL :SUE VENDOR --------}
12?,UO
S-
AGE
RUN TIME: . 54 _._i,;h ¢CJ H�R a. TE . 1519S -q6
DUE TrR' ...............
Ff.EFAID�#
VENDOR NAME VEND{iR I D . '
ACCOUNT fROJ.TX-P0 BATCH FO.LINE%NO. ENTFY/tNE INVOICE DESCPHIPTIDN AMOUNT DATE
CHE;.
--------------------------------------------------------------------
_______ _
Schlientz, Dana 2043
001-3472 53 6086--,A 07/=-1 06/30 18716
Shah Charlene 2051
oOl-?473 419 Kr.S06A 07/31 06./;;tip 12533
Siecke, Warren C. Siec%eW
757.92
Lft?rnSignl-GldSp/DB
250-4510-6412 09996 157 60806F 01/401)3
07/31 06/30
369312
250-4510-6412 09096 159 60806F 02/4003
07/31 06/30
369312
250-4510-6412 09796 161 60806F 03/4003
07/31 06/30
369'312
250-4510-6412 10696 163 50306E 01/3769
01/•31 06/30
36949
250-4510-6412 1{)796 165 60806E 02/3769
07/31 06/.30
36949
Recreation Refund 1'3's. )0
TOTAL DUE VENDOR --------> 19x.00
Recreation Refund 15
011
TOTAL DUE VENDOR --------> �C-••0
LftTrn5ignl-DB/MtLrl
757.92
Lft?rnSignl-GldSp/DB
757.91
LftTrn3ignlBrCy/61Sp
757.9'2
TrfcSIgnl-Doldrush
68.25
TrfcSignl-PaiominO
68 15
TOTAL UE 'dENDOR--------?
2.41',.25
Spinogatti, Dana
78
1995
42 =:�'_(;rA
X17/:31 „61 0
1°8744
Recreatiur, Refund
-
::7,r,;
TOTAL DUE VENDOR --------
00
Time Out Personnel Svc, TimeOut
c} 01/4461
07/_1 06/30
139`'
Temp`vcs-f:ngAr 11-25
__
207.6-2
CSC 1-4210-4 00h„
e•), ;F
TOTAL DUE VENDOR >
207.68
Tsui, Mary
001-3473
2W?
E 60 A
4:4 .Oc..
071'31 06/30
18897
Recreation Refund
10.QiO
0 8
Cil -347.,
425 60cY;6A
07/31 06/30
1:_897
Recreation Refund
168'.:`0.
,
001-3478
4"'' 6lj`06A
��
426
07/31 06/30
1889'7
_
Recreation ReFund
:-, -"
0011-3473
427 60806A
07/31 06/730
IK97
Recreation Refund
3100
TOTAL DUE VENDOR --------%
Tye, Steven
901-43`8':-4100
TyeS
40 60806E
07/31 06/30
ti f s
Fr:;CcmmM.g-_,/27
4c)A0
TOTAL DUE :VENDOR --------1
4� .:1 i
Virgil's Mobil Service Virgils
58 01
-,
Cx)i-4090-x..,10
0 3 �+^
11 f,il�;l6E .;11.4"�-
r._
07/31 06 30
Fuel -Gen Govt
-'_ 7
4'
001-4310-2.10
101 6,Ci ,; 6E 02/34-:9A
07/31 06.,':30
-uel-Prk: & Rec
T-, -----
amo"u
UN TIME Cn�R RE3lSTE9
VENDOR NAM[ V[NDOR ID. INVOICE D[SCR ION AMOUNT DATE
ACCOUNT PROCHE��
J.T��0 BATCH P8.LlNE�0. ENTRY/DUE___________u'/__________________________
--------------------- --------------
Walnut V\y Water Dist NVWaterDis Water Usage �ml Grow �k
00I-311��� 1���6 ��1 �/� ,
"""`~ Nater 'Usage -Heritage ��
0O1-4313-2126 32 v08O6F O7/3i V6�* Water Us��_��le Hill 1 ��.O2
CWl-4016-2\26 17 6O8O6F V7/31 06/�� .
TOTAL DU[ VENDOR '-'---> 4,750.15
Walnut :ly Water Dist WYWu erDis Dist �� 1�1 75
139'��'2�� � ��� �81 Water��� `
Walnut VLy Water Dist WVWaterDis �� Usage -Dist K0 K/ C.96
Y�6
138-45.32-2126 � ��� 6.0
13 -8145�:2'12 6 45 60806F 07/31 06/� Water Usage'Dist033
Walnut Vly Water Dist WVWaterDis
07/31 V6�0 Water Usage -Dist #32!7,S81.31
138��8-21� 46 60SC6F
Walnut Vly Water Dist WvWater'L'is � Diot ' 74
�� ��e- ,
TOTAL DUE VENDOR ----> 7,411.74
Walnut Vly Nater Dist
WVNaterDis
O7/31 06/3O
Nater Usage -Peterson
3 �� 5q
. .
0Oi4319-2126
12'6
0 608O6F
15 ���
��1 ��
W�er ��e����
3,9�.�
�| �� 2,
001 -4331-21226
30 6C
07i'31 06/3*
Water Usaqe-SvcCvnPrk.
1.594,52
TOTAL WE VENDOR '--'-- >
Y 164 33
. .
wang` Tara
O01'��
�9O
42 �8�A
07/31 V6 18G29
/�
��reatiun ����
16O.u)
001447842;���
0/3i �/� \��
R�ea�i� Refund
.
� 00
Wells, Carla �eoeation Refund
�1�� 4���
n4
t D
�l_
':UN TIME; 0"'54 10`2f;01,
_
J 1 -�
- R R E S
_
DUE THRIs
............. ), >> .
VENDOR NAME VENDOR 10.
ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO.
----------------------------------------------------------------------
ENTFY !ULE
iNVGI--
BE - R,c TJ
""<< '----
�CU"NT OAT= -
-
West Coast Arborist Inc. WCArbor
5?,,
!�1-4558; 5509
76 /o8o6F !11/3146
07/31 06130
11168
Tree Trimming Svcs -6/27
51.111,100
141-4541-2210
31 60906F 01,4465
j !,F1:!
'r/31 > '}
11168
Tree?rimMaint-Dist41
?
TOTAL DUE VENDOR ---------
=.7=' r!''
West Covina, City of
CityWesCo•.'77
ESQVWsteMgmtAgrmntFf95/5 :
1,-, i;,i
115-4515-5`4}0
5S 608066
TOTAL DUE VENDOR --------
1,;7•!j`1
West Publishing CO.
K31 -40'=0 -?3'0
WestFub
49 60806F 01/2"2"'34
01"1 06.1 0
!' C4 1CO
. nrotatEdIaCo--Pubiict s
TITAL ;UJE VENDOR --------f
6';.)5
Wild Rivers
S_;` <
�-
001-4350-5310
r01/4425;j7
194 60806E
i?; ,.-:�`,
G�
D -•'Cm E:i=ur5-�l
-'•.'D
TOTAL DUE VENDOR --------r
535.5"
Yacoub, Helenti3(i
a ' ;t ;A
4 =3:� 6!:J
07/31 461. 0
IS716
Recreation Refund
1'-`5• `!i!
001- A'
TOTAL DUE VENDOR --------
.5
Ycon, Jakeun
0:'•1 -:?478
J_!,_^
43:::}.;:,r:
J./3 1 06/31
15484
Recreation Refund
'!'
. �0 1-34'3
4:,4 60?.prA
07/_1 O6/30
19484
Recreation Refund
�5. i!)
TOTAL DUE !,EN uR--------%
r-•'='`
Yu, Susie)i
E
47=-
431 608!;_,p
07,31 O6/30
1='67E
Recreation Refund
TOTAL DUE '•JE Ii!OR-------->
5.01
TOTAL PRE -FAD -----------1
415.41
Ti1TAL DUE ----------------1
503,��,.�r
TOTAL Pis
.
\^ �
'�aao��
PAJE �
FL,N TIME- 09-54 08/�L.�� : J � C H E R R E G I 5 T E R
FJND SUMMAFv REPJRT
DUE T�Hpl�,... �.....^..O8��/��
DISBURSE G/L --,JE ��LL POST �� �8 POSTED FUTURE TRANSACTIONS
FUND TOTAL DIRECT PAY REVENUE EXPENSE REVENUE EXPENSE
________REVENUE
_______EXPENSE
'''-'''''' ' __-_'-''-'''''_
' '-'''''''''''''''-- __
--�-''-'--'''''''''--''''-- --'- '-'''
112 Prop A -Transit P
15,371.
i537 . �1,71 .37
00 General Fund
42-2,,667.97
5.L 2.41 4,76\1N 413,774.56
139 LLAD #3Q8
� Fund
8,��.3�
,7�'8,706.35
1�0 C.I.P. Fund
3L413.87
31,413.87
125 CDBG Fund
757.907�
�.90
^757.',10
118 Air Quality Imp
�J.96
2�' �
ON Library Service
54.36
54.30
141 LLAD 041 Fund
2,892'.362,8Y2.86
1115 Int Waste Mgmt F
1,840.85
1,840.85
138 LLAD #30 Fond
0.�*.25
18,680.25
TOTAL
------
----- __ ------------------------ ------------ ---------
ALL FUNDS
50,643,68
5,13*2.41 4.761.00 493,750.27
T��,08�O3o8/0��
YOUCH[R REJI
S�[R
DUE ............08/����
VENDOR NAME VENDOR ID'
ACCOUNT PRGJ.TX-NO BATCH,
______--_—________--_-_--_�
l�OlCE
ENTRY/DUL____________________________________________
DESCRIPTION
El
AMO -UNIT DATE CHBATCH,PO.LlNE�0.
3C� .
1CMA1
07/J1 O8/O6
96SemyAwrdEntryFee
50
�. � �/�/� N��O� ~
�W1-40Y5`23 15
1 70806A
TOTAL PREPAID AMOUNT -->
75.00
TOTAL DUE VENDOR ---->
0,00
AT & T
AT&T
O7/31 09/06
L�gDi���eSvc
�
�01'4V90-2125
1 70606A
TOTAL PREPAID AMOUNT '-'-}
12.97
TOTAL OUE VENDOR --''''''>
0.00
AT & T
*001-4090-2125
AT&T
2 7{@C�B
O7/31 08/06
�m Di tPhoneSvc
3'9
5 5
TOTAL rJUE VENDOR ---------
53.95
Accurate Landscape
*139-4539-55O02
Accurate 3
7��68 01/��
07/31 00/06 4OS02
Maint-Dist #3Y-JulyY6
6,VY0'VV
TDTAL DUE VENDOR ''''----
VV
DNI
*001'4510'2320
PNl
2 7V806D O1/47O4
O781 O8/A6
Engr-Gree bnuk Publctns
95.77
T[7AL DUE VENDOR }
95.77
8aello. Luz
m01'23VV-1V02
Bael\QL
1 /08oue
��1 08:106���51
Ref�dS�D�osit
50'O0
TOTAL DUE VENDOR ---->
50.00
Baldwin Park` City of
1-4f;5"-2325
Baldwin�-ar
1 70806w
07/31 O8/�
���g'7/1���u�n
*0
TOTAL PREPAID AMOUNT ---->
TOTAL DUE VENDOR '----'-->
0.1S
Best Buy Inc.
O7/3\ OS/Oo
Refr�gerator'SycCoynPark
400.51O00O00165
*O�1-4350-625A
1 7V8V�stD«y
o*
TOTAL PREPAID AMOUNT '''->
400.51
TOTAL DUE VENDOR --------
0.00
8o�a'«»g BlueP'ints
8 B
708O600me'ang8
O7/3L O8/O6 144975
MylarCopies-CityMap
31.77
*004 -4096-1.110
2 u o//*�u
73TAL DUE VENDOR ---------
31.77
r D - 'M'
R,JN J Lry -
r;'E ?NFL .............
4aFFFrh;I!�x
VENI!OR NAME VENDOR 1D. �^
-. �;.n r-,_�, _. aM��uNT DATA
ACCOUNT FROJ.TX NO HATCH F'O.LINE/N0. ENTRY /DUE INV_t.,E �t_�h.IR iCP;
--------------------
------- -------------------------------------------------------------------------------------------------------
Brandman Assoc., Michael Brandman
i i:l-2".tn;-1!)11 •
1,`x17.17
013/ib 069b- Monitor�acr
1 T;,)0a6D
TOTAL DUE VENDOR --------> i,'27.i7
California Contract
COCA
07::1 OS/t)_
Oen}Reg'; 2-)- CL'euncil
o
#0n01-4010-2330
h 7!)80b8
TOTAL DUE VENDOR -------->
-?(1.00
Certified Transportation CertTransp
' 2 70806B (11/44'22
07/31 trs/06
13!)05
TrnspDayCamp-UnivS.udios
,1, i.6:•_5
*11,24,360-5310
TOTAL DUE VENDOR --------?
Chang, Sophia
2'?3�
1 ,t )6B
07,131 08 Ohs
/
19108
RecR,efund
119.00*001-34;
3
10�
TOTAL DUE VENDOR --------}
59 r 00
Charlies Sandwich Shop
Charliesy
07!31 t)r,/06
oo(19670
Mtg3upp! ies7%C4/'?E:-EconGv
^` ,4
0t) r,- 325
i-404
1 770-1306B 01/45;'0,:
TOTAL DUE VENDOR ---------'
Church of the Valley
Lewis?
I10806B
^`1
(11.'31 08/06
CRO--' 2{J
[
Her�ark.F�et-7/1:�/r��,
ICTAL DUE VENDOR --------
t10
Cintas
a'O0i-4310-2120
G.ntas
t
� l0;ts6B )i/4Er3)
i ip 06
?7/31 8/
64L47J64:'
Ln1irmRent-7/I/46
11 `i'
1t 07
#001-4310-2130
4 70006B 01/462"o
07/31 08/06
640470701
Un:frrnRent-lr5/'R�:
P
X0!)1-4310-2130
E. 708068 01 /4-&30
07/31 08/OE.
640474761
RJn;*rmF'ert-7;1"`a6
-
i'`.07
r ;-4-;
8 70806E 01/4630
07/31 03/06
6404768:
JnifraRent-?�<r'a6
TOTAL 'CUE VENDOR --------}
City of Brea Curtis CurtisThea
4001-4-350-"1!) 10 70806A 01/4611
07/31 08/::6 EzcursDapCaap-5,�2
TOTAL PREPAID AMOUNT ----
TOTAL DUE VENDOR --------}
025. iii �F, " = t
.:-'5. =R7
0, u
Coco's Coco's
--- . -;.,rj!) ;
2'; i
e';h'?6 i_itr
*001 -4090-Z3'25 1 70806A 07/1 )8/; , �= MtgS_pp is;(?i•i,i,,;,l '
TOTAL PREPAID AMOUNT ----Y 52'. 10,
TOTAL DL'E 'VENDOR -------- 0,0i7
D�ama-
d Dar
TI ME z 08.08
YGC^E�
REG[SrER
R-1,4
DUE
IYENDORNWE
PRDJ.TX�0
VENDOR 111'
BATCH PO,LlNE�0.
ENTRY INVO�CE
[�SCR��lON______________________
A�� �E�
ACCOUNT
�����-����_�����������������_���-_-�_������-
_____
Coffee Smith
3 70��f���
uu v�/°��5.
07/31 08/O6 1441,
��i»g Supplies
56 .',-5
*001'��O-2��
TOTAL DIE VENDOR --------
'
:1&j E»gi»eermg
:1&j
D&JEngine6
2 7O8068 V\/4/�
O7/31 V8/06 96DB-O8
B&S��vices7/1'7/19/96
1-5,160,51�0L-422O-52Vi
TOTAL DUE VENDOR ''--->
13,160.51
D. D. improvement
Assoc' D8IA
OdeTo�Proj'7/13'Ansari
75,O0 08/V6/96 OO60�30138
+001'*010-2325
1 76806A
07/31 08/V6
TOTAL PREPAID AMOUNT '-'->
75.00
'
TOTAL DUE VENDOR ''-'-'''}
0.00
OKS Associates
DKS
�7/3l W-/06
l8967
PkgStudyRev-FPL95-V6O
375.O0
*O�'23VV'1V10
1
1 708� @
TOTAL DUE VENDOR ----'-->
375.00
Day & Night Copy
*001-4350-5'305
Center Day&Night
8 7��66 01/4554
07/31 O8/06
0583/O5G45
prag ConI Pk'7/3/7/1O/96
i29' 74
*001'4553-2110
1 70806B
07/31 V8/O6
5861
Count�viewTraRic'Mailer
.
4YY5
TOTAL DUE VENDOR ''-''-''>
179.69
Del Taco
DeLTaco
1 708068
07/31 0O/06
DepR fundT��6 5,Y6 6
2 _
2879/
2O0 O028325
+001'2300-1013
TOTAL DUE VENDOR --------
12 0N.00
Diamond Bar Automotive D8AutoMoto
am«»
��.81
*O01'4415'22OV
2 70806B 01/464 3
V7/31 08/06
6-060EquipMaint'VltrPtrl
T0AL DUE VENDOR'-''---)
257.O1
Giamond �� Business
A
Asoc 0B8usAs��
4 70806D 01/4598
07/3i V8/06
1y11
Jul/AugRent'Stes100.190
23,�3'C0
*00>-4090-2\4O
*00\ 4O90 -221O
2 7�*6D 02/4598
07/31 08/V6
1 q18
- ,
CAM Jul/AugStes1VV 1YO
2 462'00
,
TOTAL DUE VEN80R --------
25.785,O0
Diamond Bar1High
Sc�ml2
08/06
FoucbalLProgramAdvertsmnt
75.O0 08/O6/96 O000��Oi58
708ODBa'Hig�Sc
�7/31
TSTAL PREPAIDAM0JNT ''-'>
75.O0
TOTAL DUE VENDOR --'--'-'>
0.0O
�
a71c�d
VOLC���
��rlME' -
VENDOR NAME VENDOR ID' l ICE DESCR�RlON AMOUNT DA�� C�ECK
ACCOUNT PROJ.T%-N8 BATCH PO.LINE�0. �TRY�UE____
�m___________________________________-
_'—__'_-___'_—_----______--_�
Diamond Bar International DB[ntDeli
*001-4090-2325 4 01/4589
Diamond Bar Redevelopment DBarAUA
*001'1315 | 708061)
E. San Gab. Planning Comm ESSVPC
Edwards IMAX Theatre EdwardslMA
Erigimeering'Enwironmental EngEnvGeul
I 70206B
F&A Federal Credit Union F&ACredi�U
'71 7081-tA
FKM ��ier Products FKM
2 70806D 01/4"j6
Federal Rec;erve Bank FedRpserve
07/31 O8/O6 i�Y9/1�� MtgSuppli�r7��,Kc�Fes 23.62
07/31 08106
24 110 9G
A��c�8�����u�s ` .
TOTAL DuE VENDOR ---'-> 24.110.Y8
Mtg-//25��'Werner
TOTAL PREPAID
&ay CampExcur-7/-3'
TOTAL DUE VEQ0R--------
r j7jjj'-�0
---
G&071UA-�-40 Geotec��'EN95'137
O7/2107/2"1 Sl��
First lnterstate Bank Fz��lnter
�01-��0-2325 1 7V8O6A O7/31 O8��
*V01'4030'2330 2 708O�A 07/31 m]/o6
*0Vl3�0 1 7O80v� O7/31 V8/06
-409O-2
*0C, -4090-2- 2 708C6A O7/31 06
TOTAL PREP4� AMOUNT --}
TOT4L DIUE YENDOR ---->
�erox'D r V T-,, k
DUE VENIO'
4!1�R-r-2djUCb0r�'s
TOTAL JUE VENDOR ----/
LeagueConf-7/17-BeLamger
FUEl'CMqr
^e.,'�,qr
TUTw. PREPAlD AMOUNT -->
r3TAL DUE VENCOR ----�
15.O0
1�.�
1626-00
2,611. 7-
'Q 75
-1975
16.�
�.� �J�/������
2�'7
Bar ***
TlME. 08:03
VUUCHER RE�lSTE�
�rIGE 5
DUE THRL............38/06��
* * PREPAID * »
VENDOR NAME VENDOR ID.
ACCOUNT PROJJX�0_BATCH _pO.��E/NO.
--------___
ENTRY /DUE I��lCE
m______________"�=^"
DESCR pTION
_______________________---__
AMOUNT DATE CHE2
First Interstate Bank
Firstlnter
LeagueConf-7/17'Ansari
156.00 C0/06/Y6 001,A'03`153
4001-4010-2,330
3 708'>.A0/31
0'0/06
TOTAL PREPAID AMOUNT >
156.00
TOTAL DUE WNDOR -----'->
0.00
First interstate Bank
Fimtl»ter
L eCoof 7/17 Huff
eagu '
1-21.00 *3/O6/96 0000030154
4001'4010-2330
4 7*306A
07/31 00/06
TOTAL PREPAID AMOUNT - —>
121.00
TOTAL DUE VENDOR -'-'---->
0.00
First Interstate Bank
FirstI»�er
'110806A
LeagueConf - 7/17'Herrera
156.00 08/0,6/%VS00O30155
*m01'4*001-4010-23-305
07/31 08/06
TOTAL PREPAID AMOUNT ''-'>
156.00
TOTAL DUE VENDOR --''-'''}
0.00
Foothil\ Transit
*112-4553-95332
FoothilDr
�8�D V1/4��
0�1 �/3l
��
�ly'Trn�S���r�m
1 181 7O
, ^
*112-4553-55352
70,206D0-2/448207/3107/315685�\Y-Tm���
��
4,321.11
TOTAL DUE VENDOR '------->
5,50!22.81
Franchise Tax Board
�00Fra»chiseT
07/31 08/V6
321408650
pp14/15'Withholdi»g
50,00,'O01'21\0-1��
2 ou
TOTAL DUE VENDOR '--'-'''}
5O.OO
GTE California
GTE
1 7O8O
O7/31 O8/06
PhoneSvc-SycamoreCnyo
58,46
*00i -4331'212f
uC
TOTAL WE VENDOR --------
58.46
GTE Ca>iForoio
m01'4314-2125
GTE
1 70806C
07/3.1 08/O6
ph S c ��itagePk
ooe , '
TOTAL WE VENDOR '-'--->
39.83
GTE California
GTE
2 7V��C
O7/31 V8/06
PhoneSvc-HeritagePk
25`82
*001-4314-2125
TOTAL DUE VENDOR ''-''--'>
25.82
GTE California
*OV1'�13-2125
GTE
� 702,06C
O7��W3/06
� � c
53^�
TIME' 08�03 ��L��
,Liu[HREGISTE�
DUE THRU............08��'�6
* * PREPAID * *
VENDOR NAME
ACCOUNT PROJ.TX'AO
----------------------------
VENDOR lD'
BATCH PO.LlNE/0.
lNGICE
ENTR /DUE______________�___________________________'_
DESCR pTlON
AMOUNT DATE CHEj�
GEClioria
GTE
101,306C
07/31 CRD/06
�o��c'��m���
��
,
�W\-��1'2125
2
TOTAL DUE VENDOR ---->
77.84
GE Calioria
GE
2 70806C
07/31 O8N6
poevWritaek
54.3V
*001'431"2125
TOTAL DUE VENDOR ''--'--->
54.30
GTE California
GTE
07/31 08/O6
phon��c- Syc�mreCnyn
7Y^22
+VV�-43J1-2\2*001-4331-2125)3
7O806C
TOTAL DUE VENDOR '''--'--}
7Y.22
GTE Leasing
GT�ease
70806C 01/«70L
07/31 *3/06 �5887L3
PhooeEquipRent'Jul/�g
93*001-4090-2136*001-�V'2\3V
2
TOTAL DUE VENDOR --------
Y33.58
Hall & Foreman
Ha\l&Forem
O7/3� O8 V32300
pinChk��dr-0�5'�O8
��'59
+01 -230O -1O12
2 T0006�
3 7V8V6C
/"«
O7/31 O8/06 0323O0
��5 10W
PlnChk/Hydr- '
589 41
.
*VV1-�00-1O12
TOTAL DUE VENDOR '' ''>
818,00
Henderson, Linda
Hemde'»o»L
07/31 O8/06
RefSec��osit-7/21/96
50�0
-23VV-1OO2
3 70806C
TUTAL �� VENDOR -----'''>
50.00
House L��ian
`
2022
V7/31 00/V6 19166
RecRefund
13 VV
'
*001'��
2 7��6C
TQTAL �� VBv 0R ''—'-'>
13.0O
Huff. ilot
Huff8O7/31
08/06
PerDiem-League'7/17'19
1��.50 O8/O6/9� VVV0�3014G
*001
2 70806A
TOTAL PREPAlD AMOUNT-' ->
1301.50
TOTAL DUE vENOOR ---------
O.00
ICMA
ICMA2
7080�C
0/31 OG��
Qt l P}anFep 4O1e>
r yr
125.0O
v01'4OYO-V�93
\
lCMA Retrement-401 1CHA401 07/31
00 `06 pp1�/�5 pP14/15�on�rib
1'2110708060� 1 7O8o
TOTAL DUE VENDOR '----> 1,2":*.76
�\ Council of Shopping 7BC
Intl /��27 ��.0V
1 ��6 )7/31 02/06 �s�/���~"".'
c� ��amo~�
�ar
Y llLr'7 /
OUCHER
RE�ISTER
T�E' -
�,'JJE THRU.............O8/���»
VENDOR NAME VENDOR 1D,
_ACCOUNT____PROJ.TX�0_y*�w_ru._.--------------------------------------------------------------------------
ENTR� =`I��[CE
DESCR��ION
AMOuNT ��� C*[�
--------------------
lCmA Conf Registration
lmpeg�
C���_10�_y_�l�g�
��.� O8/O6y� �
�0O1'4V30-2330
\ 70 06 A
l (YR 110
TOTAL PREPAID AMOUNT -'''>
642.00
TOTAL GUE VENDOR ''''''- >
0.00
lCMA Distribution Center lCMA\
4 7006C V1/ 4��
07/31 08/06
Engr-blicatioos
�
74^40
1-001-4510-2320
TOTAL DUE VENDOR --'-''''>
74 40
.
lCMA Retirement Trust -457 lCMA
O7/�1 O8/O6
Aug«g
A C tractCcmtrib
o»
40 C10
*0014030'�0V
'
1 7�N6C
V7/3\ V8/O6
Aug
Au BenefitCootribution
'~ ~`— '--- —�8
g
1,314,92
a001-4O3O-��O
1 7V806C
1 70806C
07/31 *O�6
�q
Pug8enefit�mtri�`ion
62 63
�01-4�0-OOY0
1 708V6C
07 /31 08/V6
��
���meFit�mtribution
��^13
*01'4��-OO9V
1 7V8�C
07/31 08/06
Aug
Aug8pnefitCo»trib«tio»
47.06
*VV1'4O95-�9O
i 708V6C
' V7/3\ 08/V6
Aug
Aug�mefit�mtributiun
2O'17
*001'4096'0090
\ 7*806C
07/31 O8/06
Aug
Aug8enefitCnotrihutioo
1 587~36
,4V119
»N1'421O-OOYV
1 708O6C
07/31 08/O6
Aug
4ugBenefitConLribution
m001'4310'0090
1 708O6C
O7/31 08/O6
Augug
A Benef�tContribution
~y~`^^''--- --
75�'98
.
'-'
�@1-4314-OO90
1 70806C
07/31 *2/06
�g
AugBenefitContri���m
734 94
*001-4350-00%
70806C
O7/3l q8 06,
��
� qGenefitContribut ion
374'56
*001 -4510 -WI
\ 70806C
V7/31 08
Aug
AugBemefitConLribution
396.13
*001'4551'0090
1 70806C
07/31 O8/06
Aug
AugBenefitContribution
396'13
*001'4553-VV9V
1 7006C
07/31 08/O6
Aug
AugBenefit�mtribution
3V4'64
*115-4099-0090
07/31 V8/06
Aug
AugBenefitContribution
735O
*118'4O99'VV9V
l 7O8O6C
�0806C
07/31 V8/O6
Aug
A B eFitContribution
� ~ ^ '--- -- -
ug en
.
88'2V
_ -
*125'4215-��0
*125-�15-�� 80197
1
2 7�0�
07 '31 08 /06
Aug�g8�efitC�trib�i«»
06 93
'138-4538-0�O
1 7V8��
07/3i V8/V6
Aug
��Bene�i��mt'i��ion
�'85
27'85
*139-4539-009O
L 7�06C
07/31 *8/06
Aug
Aug�eneFitContribution
27�5
*141-4541'O090
1 7O8o6C
07/31 V8/V6
Aug
AugBenefit�mt'ibutio»
17O'o0
*0V�'2118-10O7
2 7080 6c
07/31 08/06
PP14/15
PF14/15-PRDeductions
.
TOTAL 711JE VEN"-OR -''-''''} O.531.02
lCMA Retrement-401 1CHA401 07/31
00 `06 pp1�/�5 pP14/15�on�rib
1'2110708060� 1 7O8o
TOTAL DUE VENDOR '----> 1,2":*.76
�\ Council of Shopping 7BC
Intl /��27 ��.0V
1 ��6 )7/31 02/06 �s�/���~"".'
*'' C
RUN TIME:
�c� o� ��am:r�
` �CUC-�9 Tr�GE 8
VENDOR NAME VENDOR IO.
-ACCOUNT
____pROJ.TX-NO_BA�H_PO.L�E�0. ENTRY/DUE IN0lCE DESCRIPTION AMOjwT
--_____--_—__—_______----__----______-----`----___
Intl Council of Shopping lcsc
�1����
1 70006C�O1
��
�����'��'�
l,�.�
TOTAL DUE VENDOR ----->
1,330.00
Irvin, Rom
IrvinR
4�1'.i1- 4 0 9 5-2260
1 7(N_3'06C
07/31
special Recognition Pgm
2�.W
TOTAL DUE VENDOR ---->
250. 00
^iaknmi, Rukhsana
2O52
*001'347:3
371,10V! i-
07/31
RecRefund
15.00
DJE VENDOR ---->
15.C10
LA Cellular Telephone
LACeUular
40C,1-4440-22125
*Q01-4440-2/25
4 70806C
O7/31 08
')-74'8185
CellSvcs'EmerPrey
17 25
*�1���25
1 70806C
07/31 OR/06
�4-81�
�}l�s'��
l7'�
"ml'f*f0 2�25
3 ���
��1 ��
����
�ll��'6���
�'�
2 7O8O6C
��/31 V8/36
2248184
Cell��s'EmerPrep
0'22
TOTAL DUE VENOUR ---->
76.56
League of CA Cities
Leaguel
*00l'4O1V-233V
1 70806A
07/31 08/06
Reg-Conf7/17'1Y-HuFF
235.00 O8/O6/Y6 ��003��4�
TOTAL PREPAID AMOUNT -'''>
235.00
TOTAL DUE VENDOR -------->
0.00
Leighton and Associates Leighton
*0Ol-2�0O-lO�2
w01'2300 -1S12
5 70806C
07/31 08/06
Y3493
GeotecRev-95 134
�
166 00
4 7V8o6C
07/31 08/06
93494
GeotecRev'EN95'135
409. 00
TOTAL DUE VENDOR '--''-->
5715.00
Lewis Engraving Inc.
Lew\sEngra
*O01'4095 2113
2 70806C 01/4698
07/31 08/06
21941/2l8oO
EngravS,c'Muesser/Lope7
34.`4
TOTAL LDUE VENDOR ---->
34.64
IMASC
�0tl'4O3V'2315
i
07/31 08/&6
Membersh1p-��aks1n
4O.O0
TOTAL DUE VENDOR ''---'''>
40.0O
IMASC
*01MASC1
-OV�-4030-2330
3 708V6A
07/31 O8/V6
Conf7/31-8/2-HarakFritzal3O0.�O
OB/O6/96 ��O003Ol61
TOTAL PREPAID AMOUNT '''-}
3N).00
TUTAL DUE VENDOR ---------
O.O0
x r amu E =r -
FN TIME: ('18 A'11/9 G !_ H E --
DUE THRU............. ':,(;ju61:6
VENDOR NAME VENDOR ID. * :{ F'F;E°1D
ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/;UE INVOICE DESCRIPT 7 ON AMOUNT DATE :IECK
------------------------------------------------------------------------------------------------------------------------------------
Magical Events MagicEvent
*001-4350-5305 2 70806A 01;447
Marriott Desert Springs MarriottPS
*001-4096-2330 2 70906D
Mendoza, Robert MendozaR
*001-2300-1002 4 708061)
Mt. Baldy United Way Unitedway
*001-2110-1013 1 7081,1:,D
Ne 1 sort ics Nelson!
*001-435(!-5305 4 70006A 01/4591
*t><!1-435-''05 f 7C1SY)oH :tli �5a1
Norco Alarm Inc °NorcoAlarm
*001-43-`1-21267(78(%t1) "i4u44
*0011-4 :14-2126 2 , . _!6I! 01 i 4644
#4)0f-43!4-2126 4 708060 02/4644
DbreQon; Deb-ra 2003
-(x71- 347 _ : 70E,i tF.,D
Orange County Fair Or'gOtyFa r
*001-4. C, -5,h0 5 70806A 0114431
O'r3i
TOTAL PREPAID AMOUNT ----}
1,;800.00
TOTAL DUE VENDOR --------}
0.00
017!31
7.1'
TOTAL DUE VENDOR --------}
3,017.12
07'31
(x!:06
CR(!272E2
SecDeoositRef_ind
5:.00
TOTAL DUE VENDOR --------}
50.00
071,31
08106
PF'14/15
PF'14/15PRDeductions
681.(0
TOTAL DUE VENDOR --------?
6:3. 90
776.:1
0,3/;.;6-108>'
SOUn'iCOnGi:lf`r:-7ii''`�,
425.00
'_l;?f :l�:i9F,
.i7'?i
'.t0l06
1.!°+/
5ounflConcInF1-7; ll:r''6
45.4'ht
TOTAL PREPAII! AMOUNT ---;
TOTAL DUE VENDOR --------}
_nt
07/31
US/0-6
:07,,31
(18/06
56985
AlarmSvcs-Hrtge-7-' /96
'0
(`,:i
7/_:,
/..
0�;, )6
C=ice""-
.-i,:,
�:.;-s-7-'J i+Jr:.
Alarm .-°'--
f,F„:i(�
,OTAL VENii1R-------- }
,(I4.:70
07/31
OS/06
lip.22
RecPefcnd
07/31
Os/T-6
10022
P:ecRefund
160."'10
TOT ;L DUE ENI:O--------- }
.'• . v0
t77/;
o,� 0r
i�ayCamp�:,cur�-7i 1`'
-.0 • - - - -
TOTAL PREPAID AMOUNT ----}
400.00
TOTAL DUE 'VENDOR --------}
11,00
��T��/000S
�O8/O1�� + vJ;I L- HER PE�lS-E-
on� 3a~
JUE 4RU'''''''''''..��/(�/��
VENDOR NAME
VENDOR 0.
'
BATCH
ENTRY/)UE�
�GlC[
DESCPIR�ON
_ACCDUNT____FRUJ.TX-N0_
_PU.LlNE/NO.
I _—__-----_-----___----_--_—____—__—__---__—__-_
AMOUNT
Orange County Fair
OrgCtyFair
001-4350-210
4 ��A 01/443107/3100/06E/curs'7/19
30.00
r0TAL PREPAID AMOUNT ----
—|u|AL
TOTALDUE VENDOR --------
---Palm
PalmSprings Riviera
FSRivipra
m01'4030'2330
4 70806A
07/31 08"'J6
Accom'MMASC'HarakFritzal
251.4O
08/06�� NN��0lu2
TOTAL PREPAID AMOUNT ----
—rVTAL
TOTALDUE VENDOR ---->
0.00
Payroll Transfer
PayrollTr
f001'1020
2 7V806A
08/0� PP15
PP15-PRTran.sfer
075.!0.VV 08/06/96 0,0000WC.'715
TOTAL PREPAID AMOUNT —'->
0TAL DUE VENDOR '----'->
0.VO
Payroll Transfer
PayrollTr
*OO1'1020
1 7O806A
07/31 08/06 PP14
PP14'PRTransfer
50,901). 6o 08 /Y6 0080VWV�4
TOTAL PREPAID AMOUNT ' ' >
50,%2.0O
TOTAL DUE VENDOR -------- >
0.00
Prudential Service Bureau PSB[
+001'2110'1004
*�V1'21�O'0O6
1 708W
07/31 08/06 July
JulyDentalPr
1,513`53 08/V6/y6 VV�')030157
1 7V806A
V7/3\ 08/V6 July
JulyYisiuo~rems
rrems
762--. 9-1, 08/O6/Y6 O0O003��57
TOTAL PREPAID AMOUNT -'-->
2,276.46
TOTAL DUE VENDOR --------
''-'' -Public
PublicEmpl Retirement
PERS
*001-2110-1008
*001-2110-1008
l 70806A
07/31 08/06 PP14
PP14-Retire-EE
3'625'7O V8/O6/9� �0O030156
*001-4090'0080
2 7V8O6A
3 70806A
07/31 08/O6 PF -114
PP14Retire-ER
3'265'T1 08/O6/f6 {�00030156
07/31 O8/O6 PP14
Ratn"djust'."a`t
��.O4' O8/06'96 000�03O�5�
TOTAL ;REPAID AMOUNT -->
6.875.37
TOTAL DUE VENDOR ---''}
0'00
ed Lion Resort
RedLionRes
mV1'444O-2340
1 70806B
07/31 08/06
SC[SAConf-DeStefano
293.70
70TAL D E VENDOR ----}
29'-�.7V
�egal Diamond Bar Cinema'lDBar
001-4,050-5310
8 7*806A01/4612
07/31 /06
Da��mpExcurs 7/25
180'00 V8/V6/�6
TOTAL PREPAID AMOUNT -->
{8V.0V
0TIL DUE VENDOR ---->
8.0V
*¢x vlf ,13,.. d . ** �I�jL -L�
F:JN TIME: o:3. (1-3 C4i%i1,,,,f Y L' n
Y 0 U r H E q R E G I„ T E R
JUE
'VENDOR NAME VENDOR I D .
ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY DUE INVOICE DESC4IF?IONPRFr'1IC *
----------------------------------- AMOL14T DATE HECK;
--------------------------------------------------
Reyes, Romeo
ReyesR
*001 -2300 -loo -2
; 7'f30_:D
')7/3l 08/06 CR02884:3
SecDepRefund-HerK7/13/96z
_OU. v',
TOTAL LtE VENDOR --------}
200.00
Gose, Evelyn
"54
*001-347,=
6 70806D
07!31 031106 19179
RecRefund
18.00
TOTAL DUE VENDOR -------->
13.00
SCESA
SCESA
*001-4440-2A')
2 70306D
07/31 03/0E.
ConfReq-DeStefanol0/96
170,00
TOTAL DUE VENDOR --------)
170.00
Scandia
Scandia
*001-4350-5310
2 70306A 01/4613
07/31 051/06
DayCampEkcurs-7/17
492.75 0$!06/96 00000�3*143
TOTAL PREPAID AMOUNT ----}
492.75
TOTAL DUE VENDOR --------}
0,00
Sea World
SeaWorld
*001-4350-5310
14 70806D 01/4602 ;
07/ i1 08/i)!.
EzolrsDayCamp-3/14
960.
00
TOTAL DUE VENDOR --------}
960.00
Sheraton Harbor Island gheraton
*001-4010- a31J
7 70306D
07/31 03!06
.CCAConfAlcom-9/2o-9!22i,2Lzi
8'4
TOTAL DUE VENDOR --------)
1,2;'1.34
Shurgard of Walnut
Shurgard
*00l -4090-2140
2 70PA6D 01/4699
07/31 03./06
Gert-StorUni_c/1-11!1/96
415.00
73 IAL DUE VENDOR --------1
415.00
So Ca Assn of Governments
SCAG
* 01-4;r;{,;-2315
1 70306D
07/31 ( :at.,,,
Pa/;f it
MembrshpDues-196-97
i,,
TOTAL DUE VENDOR --------
3, 73 C
Do Ca Emergency Svcs
Assc SoCaESA
F001-4440-2/315
1 7030L•D
07/.1 08/0!
Membership -Einer Prep
67,00
TOTAL DUE VENDOR --------}
67.00
FA TIME: 08:013, ()3/01/96 V u U C 'H E R R E 3 I „�T E
DUE THRU..............:3
VENDOR NAME VENDOR ID. - PREPAID #
ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENT3Y/DUE INVOICE DESCRIPTION AMOUNT DATE CHE T
------------------------------------------------------------------------------------------------------------------------------------
Sport Time SportTime
}0014310-1200 2 70306D 01/4570
*001-4314-'„211 2 70806D 02/4570
Standard Insurance of Ore StandardIn
*001-2110-1005 1 708061)
*001-2110-1=.305 2 708060
*001-2110-1005 3 70806D
- The Gas Company
*001-4314-2126
Tim's Mobil
*001-4415-2200
SoCaGas
5 70806D
TimMobil
4 7+3.3060 01/4627
Universal Studios Univ5tudio
*001-4350-5310 16 70806D 01/442-9
Upland Fun Center UplandFun
+001-4350-5310 18 71W6D 01/4505
1. velasquez, Joe 2008
?0 i -3473 9 70806D
Waldie, Larry WaldieLarr
*001-4411-2325 1 70806D
Wildlife Corridor WildlifeCo
*001-4090-2315 2 70806D
07/31
08/06
'752616-01
SwingSeatsVariousPRs
72.!'x7
07/31
08/06
952616-01
SwingSeats-HeritagePk
48.55
TOTAL DUE VENDOR --------)
120.62
07/31
08/06
Aug
AugLifeInsPrems
47,=.50
07/31
08/06•
Aug
AugSuppLifelnsPrems
20.40
07.131
08/06
Jul
JulyLifelns-KingPembleton
29,00
TOTAL DUE VENDOR --------)
527.90
07/31
08/06
Ga'ssvCs-HeritagePk
61.35
TOTAL DUE VENDOR --------)
61.35
07/31
08/06
10746
EquipMaint-V1trF'trl
115.88
TOTAL DUE VENDOR --------}
115.08
07/31
08/06
DayCampEztur-7/10
1,209.62
TOTAL DUE VENDOR --------)
.ut
1,209. 62
07/31
03/06
DayCampExcur-7/9
344.00
TOTAL DUE VENDOR --------)
344.,X1.
07/31
08/06
19007
RecF:efund
TOTAL DUE VENDOR --------)
10.00
07/31
08/06
MtgSupplies7/11/96
23.31
TOTAL DUE VENDOR --------)
2Y3.81
07/31
08/06
0015
1="46-g7Contribution
`!30.00
TOTAL DUE VENDOR --------}
500.00
FUN TIME: itg:�_,. ti2,':1': b t# C t ',, G f D i a m c n B a r* 1 I b Rel
VOUCHER R E I I S T E R
DUE THRU.............t)r^9'r. _ - PAGE i:,
VENDOR NAME VENDOR ID.
ACCOUNT PROJ.TX-NO BATCH PO.LINE/NG. ENTRY/DUE INVOICE DESCRIPTION# PREPAID
AMC------------ ------------------------------ -----T DATE CHECK
---
Wise, Michael
WiseM
*ixJ1-4095-2360
2 70806D 07/31 08/06
Special Recognition Frgm
250,00
TOTAL DUE VENDOR --------)
250,,'Al
Wright, Paul
WrightP
*001-4090-4000
2 70806D 01/4549 07/31 08/06
AVSupportFingCom7/5'&7/16
240.00
TOTAL DUE VENDOR --------)
240.00
TOTAL PREPAID -----------)
119,365.77
TOTAL DUE ---------------)
110,019.28
TOTAL REPORT ------------)
229,:x.05
�NTDf:S0.C808/o���
*'^
Ci�y o� Di amo»d 3ar
�
'
v CHE� R[GlSTER
FUND SUMMARr REPORT
PAGE 1
DUE THRU.............O8����
'
FUND
UIS8UKSE
TOTAL
G/L ��
�E WILL POST �E �8 POSTED
FUTURE � TI�S
—^~~~
__________��____.`_~^R^.:c,�mo���PENSE
REVENUE EXPENSE
REVENUE
�1 GeneralFund216,733.77l�
2�.�
---------------------'
139 LLAO #39 Fund
6.117.85
`
353'0O
72,158.34
112 prop A -Transit F
5.834,46
6,117.85
M Int Waste Mgmt F
3(4.64
5,824.46
118 Air Quality imp
73.50
304.64
125 CDBG Fund
138 LLAD #-*-N Fund
27.85
141 &AD #41 Fund
27'85
?7.85
TOTAL
------------
------
ALL FUNDS
22Y ��.V5
144,�I.43
----' —' ------------------ ------
------
-------
353'00
I .819.04
OTTV CSF DIAMOND DAn
AGENDA REPORT AGENDA NO.
TO: Terrence L. Belanger, City Manager
MEETING DATE: August 6, 1996 REPORT DATE: July 26, 1996
FROM: Linda G. Magnuson, Accounting Manager
TITLE:
Treasurer's Report - June 30, 1996
SUMMARY:
Submitted for Council's review and approval is the Treasurer's Statement for the
month of June, 1996.
According to the City's formally adopted investment policy, the City Council is
also being provided the June 30, 1996, State of California Pooled Money Investment
Account market valuation. The City funds which are invested with LAIF are
included within this account.
RECOMMENDATION:
Review and approve.
LIST OF ATTACHMENTS:
Staff Report
_ Resolution(s)
_ Ordinances(s)
_ Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
Public Hearing Notification
_ Bid Spec. (on file in City Clerk's Office)
_ Other
1. Has the resolution, ordinance or agreement been reviewed
by the City Attorney?
2. Does the report require a majority or 4/5 vote?
3. Has environmental impact been assessed?
4. Has the report been reviewed by a Commission?
Which Commission?
5. Are other departments affected by the report?
Report discussed with the following affected departments:
Yes No
_ Yes X No
Yes X No
Yes X No
72;�
Frank Ushe Li da G. Ma on
Assistant City Manager Accounting Manager
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: August 6, 1996
TO: Honorable Mayor and Members of the City Council
FROM: City Manager
SUBJECT: Treasurer's Statement - June 30, 1996
ISSUE STATEMENT:
Per City policy, the Finance department presents the monthly Treasurer's
Statement for the City Council's review and approval.
RECOMMENDATION:
Approve the June, 1996 Treasurer's Statement.
FINANCIAL SUMMARY:
No fiscal impact.
BACKGROUND:
Submitted for Council's review and approval is the Treasurer's Statement
for the month of June, 1996. This statement shows the cash balances for
the various funds, with a breakdown of bank account balances, investment
account balances and the effective yield earned from investments.
The City's Deferred Compensation balances which are managed by ICMA are
also being reported. The City receives ICMA statements on a quarterly
basis. The balances reported are of June 30, 1996.
According to the City's formally adopted investment policy, the City
Council is also being provided the June 30, 1996, State of California
Pooled Money Investment Account market valuation. City funds which are
invested with LAIF are included within this account.
PREPARED BY:
CITY OF DIAMOND BAR
TREASURER'S MONTHLY CASH STATEMENT
June 30, 1996
tP eft au% y
3,
4uj
:v y A" ^ !.
U. u
GENERAL FUND
LIBRARY SERVICES FUND
TRAFFIC SAFETY FUND
GAS TAX FUND
TRANSIT TX (PROP A) FD
TRANSIT TX (PROP C) FD
INTEGRATED WASTE MGT FD
AIR QUALITY IMPRVMNT FD
PARK FEES FUND
S PARKS GRANT (PRP A) FD
COM DEV BLOCK GRANT FD
LANDSCAPE DIST 438 FD
LANDSCAPE DIST #39 FD
LANDSCAPE DIST #41 FD
GRAND AV CONST FUND
TRAFFIC MITIGATION FUND
CAP IMPROVEMENT PRJ FD
SB 821 FUND
SELF INSURANCE FUND
TOTALS
SUMMARY OF CASH:
DEMAND DEPOSITS:
INVESTMENTS:
$10,231,517.34
$768,575.39
$841,506.57
$10,158,586.16
106,125.30
327.48
105,797.82
30,266.11
22,566.67
52,832.78
2,770,101.26
96,746.59
563.11
2,866,284.74
1,434,856.18
26,202.27
41,958.56
1,419,099.89
1,464,219.13
42,163.00
1,506,382.13
93,945.92
3,156.25
10,900.89
86,201.28
100,194.33
15,369.80
3,168.28
112,395.85
317,504.12
317,504.12
0.36
0.36
(22,397.16)
6,123.64
(28, 520.80)
175,388.32
11,356.32
164,032.00
55,818.07
13,006.64
42,811.43
224,566.50
2,199.21
222,367.29
139,130.78
139,130.78
0.00
0.00
32,184.61
78,130.80
(45,946.19)
126,301.18
1,941.66
128,242.84
464,973.03
21,757.19
182,197.00
304,533.22
$17,744,695.38
$998,478.82
$j.,191,438.50
$0.00 $17,551,735.70
GENERALACCOUNT
PAYROLL ACCOUNT
CHANGE FUND
PETTY CASH ACCOUNT
TOTAL DEMAND DEPOSITS
$527,180.81
12,533.87
175.00
500.00
TIME CERTIFICATES $0.00
COMMERCIAL PAPER 0.00
LOCAL AGENCY INVESTMENT FD 17,011,346.02
$540,389.68
TOTAL INVESTMENTS 17,011,346.02
TOTAL CASH $17.551.735.70
Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. All funds are available
for withdrawal within 24 hours. Investment in the Local Agency Investment Fund is allowed under the City's formally
adopted investment policy.
L.A.I.F - Effective Yield for June, 1996 5.548%
CITY OF DIAMOND BAR
TREASURER'S MONTHLY CASH STATEMENT
June 30, 1996
INVESTMENT: DEFERRED COMPENSATION ACCOUNT (AS OF 6/30/96)
ICMA Retirement Corporation - 457 Plan:
AGGRESSIVE OPPORTUNITY FUND
4,763.27
INTERNATIONAL FUND
5,874.11
GROWTH STOCK FUND
72,012.01
BROAD MARKET FUND
21,724.33
EQUITY INCOME FUND
621.90
ASSET ALLOCATION FUND
20,235.61
CORE BOND FUND
5,438.35
US TREASURY FUND
1,931.04
CASH MANAGEMENT FUND
362.02
PLUS FUND
227,158.14
GUARANTEED FUND
11,582.51
TRADITIONAL GROWTH
8,474.44
MS CAPITAL APPRECIATION
672.44
MS GROWTH & INCOME
667.96
TOTAL OF DEPOSITS
381,518.13
Note: These investment options are at the discretion of the employees.
Due to the complexity of the funds, which are solely handled by ICMA, the City is only reporting the balances available in
in the various instruments
The reporting period reflects the most current quarter reported by ICMA to the City.
TOTAL CASH AND INVESTMENTS
$17,933,253.83
All investments are placed in accordance with the City of Diamond Bar's Investment Policy.
The above summary provides sufficient cash flow liquidity to meet the next six month's
estimated expenditures.
United States Treasury:
Pooled
State of California
Money Investment Account
Market Valuation
6/30/96
Bills
$
2,340,375,347.80
$
2,383,719,870.00
NA
Strips
$
384,015,480.00
$
439,855,404.00
NA
Notes
$
5,781,009,624.08
$
5,703,910,291.00
$
81,304,970.00
Federal Agency:
Bonds
$
374,793,164.30
$
369,679,250.00
$
4,633,110.00
Floaters
$
454,903,271.82
$
456,181,750.00
$
2,724,576.67
MBS
$
166,508,409.28
$
160,154,924.41
$
982,695.61
TVA
$
29,910,370.97
$
30,034,989.05
$
736,361.27
GNMA
$
4,334,319.02
$
4,763,778.77
$
41,122.14
SBA
$
108,501,924.35
$
109,681,370.85
$
1,108,316.74
FHLMC PC
$
35,084,001.20
$
37,335,013.37
$
563,460.15
Discount Notes
$
450,654,682.72
$
456,081,638.60
NA
Bankers Acceptances
$
577,407,566.34
$
578,021,016.50
NA
Corporate:
Bonds
$
1,438,328,033.04
$
1,430,481,623.83
$
22,869,113.18
Floaters
$
580,781,429.63
$
580,871,025.00
$
3,758,666.18
CDs
$
5,209,165,082.30
$
5,250,628,542.52
$
9,450,743.20
Bank Notes
$
1,240,097,280.99
$
1.,247,321,892.61
$
2,762,563.25
Repurchase Agreements
NA
NA
NA
Time Deposits
$
446,995,000.00
$
446,995,000.00
NA
AB 55 & GF Loans
$
1,166,535,026.54
$
1,166,535,026.54
NA
Commercial Paper
$
5,991,748,905.71
$
5,999,362,736.59
NA
Reverse Repurchase
NA
NA
NA
1
TOTAL
$
26,781,148,920.09
$
26,851,615,143.64
$
130,935,698.39
Estimated Market Value Including Accrued Interest $ 26,982,550,842.03
NOTE: Repurchase Agreements, Time Deposits, AB 55 & General Fund loans, and
Reverse Repurchase agreements are carried at portfolio book value (carrying cost).
Certificates of Deposit (CDs), Bank Notes (BNs), and Commercial Paper (CPs) less
than 90 days are carried at portfolio book value (carrying cost). Interest accrued
from the date of purchase on CDs and BNs under 90 days is not included.
CARL WARREN & CO.
Insurance Ad►usters
Claims Administrators
P.O. Box 25180
Santa Ana, CA 92799-5180
(714) 740-7999 FAX: (714) 740-7992
TO: City of Diamond Bar
Attention: Tommye A. Nice
Re: Claim:
Claimant:
D/Event:
Rec'd Y/Office:
Our File:
Date:
July 15, 199
c�
Ernie Carter
6-13-96
7-2-96
S 87260 AB
-4-, J
We have reviewed the above captioned claim and request that you take
the action indicated below:
CLAIM REJECTION: Send a standard rejection letter to the claimant.
[� CLAIM INSUFFICIENCY: In accordance with the telephone conversation
of 19 , a notice of insufficiency must be mailed
to the claimant no. later than , 19 THIS MUST BE
MAILED TO THE CLAIMANT WITHIN 20 DAYS OF RECEIPT OF THE ORIGINAL
CLAIM IN YOUR OFFICE. DO NOT SUBMIT A "REJECTION" LETTER. See
Government Code Sections 910 and/or 910.2 and/or 910.4.
b AMENDED/SUPPLEMENTAL CLAIM: Send a standard rejection letter to
the claimant, rejecting t is additional/amended claim.
LATE CLAIM RESPONSE: Return the original claim material to the
claimant, advising that the claim is late and that their only
recourse is to file a written "Application for Leave to Present.
a Late Claim". (Retain copies in your file.) THIS MUST BE MAILED
TO THE CLAIMANT WITHIN 45 DAYS OF RECEIPT OF THE CLAIM IN YOUR
OFFICE. DO NOT SEND A "REJECTION" LETTER. See Government Code
Section 91 .4.
M APPLICATION REJECTION: Reject claimant's "Application for Leave
to Present a Late Claim". See Government Code Section 911.8.
0 TAKE NO ACTION: Defer any written response to the claimant
pending our further advice.
Please provide us with a copy of the notice sent, as requested above.
If you have any questions, please contact the undersigned.
THIS SUPERSEDES OURS OF
7-5-96.
cc: SCJPIA
Very truly yours,
CARL WARREN & COMPANY
ZZ/FCARL WARREN & CO.
Insurance Adiusters
Claims AdmimsErators
P.O. Box 25180
Santa Ana, CA 92799-5180
(714) 740.7999 FAX: (714) 740.7992
GOVERNMENTAL ENTITY PRELIMINARY REPORT
TO: rl ren & Co. DATE: July 16, 1996
Or ge CLAIMANT: Ernie Carter
FILE NO: S 87260 AB
ATTN: Dwight Kunz EXCESS REPORT: YES NO X
D/EVENT: 6-13-96 FILING DATE: 7-2-96 six MOs.: YES X NO .
PRINCIPAL: SCJPIA/Diamond Bar
COVERAGE: In Order POLICY YEAR: 95/96
RECOMMENDED ACTION ON CLAIM: We have now recommended rejection
of this claim.
ACTS:_ Claimant alleges he lost control of his vehicle when he
hit water in the roadway from the sprinklers in the center divider.
nHe alle>;es he hit the side of a pickup when he skidded around.
(--'�.�� Damage to his 1974 Lincoln is documented at $1,528.56.
SSIBLE CO-DEFENDANTS: None known.
+VALUATION: Liability is very questionable. Since the claimant stated
he observed water in the street on other days approximately the same
time, we discussed the matter with the city. The sprinklers come on
at about that time of day for a few minutes. All sprinklers were in
w�V§l s�erder the next fR
morninfy hr U 1t pgCtAutine inspection. AMOUNT
1. Ernie Carter LPD$1,600
2.
3
COMMENT/WORK TO BE COMPLETED: Our file remains on diary pending
receipt of the copy of the city's notice of rejection that is being
sent to the claimant by the city. Attached is a copy of our letter
to the claimant -which is self-explanatory.
Our further report will follow shortly.
cc: SCJPIA
i City of Diamond Bar
Very truly yours,
CARL WARREN & CO.
Bv- ve A;'J"Ll
Ernie Carter
1023 Clear Creek Cyn.
Diamond Bar, CA 91765
Re: O/Principal:
D/Occurrence:
Claimant:
Our File:
Dear Mr. Carter:
July 15, 1996
City of Diamond Bar
6-13-96
Ernie Carter
S 87260 AB
As claim administrators for the self-insured City of Diamond
Bar, we have made a careful examination of the circumstances
surrounding the captioned occurrence and feel we have enough
evidence to make a decision on your claim. After evaluating
the facts, we have reached the conclusion that our principal
>= is not responsible for this occurrence. We are sorry we are
unable to recommend settlement of your claim to our
n principal.
• Our investigation reveals that the sprinkler system along the
median was in proper working order.
This letter does not affect the notice that will be sent to
you by the City of Diamond Bar re disposition of your claim.
very truly yours,
CARL WARREN & COMPANY
Arlene Birdsell
AB
cc: SCJPIA
cc: City of Diamond Bar
CARL WARREN & CO.
CLAIMS MANAGEMENT -CLAIMS ADJUSTERS
750 The City Drive - Suite 400 - Orange, CA 92668
Mail: P.O. Box 25180 - Santa Ana, CA 92799-5180
Phone: (714) 740-7999 - (800) 572-6900 - Fax: (714) 740-7992
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO.
TO: Terrence L. Belanger, City Manager
MEETING DATE: August 6, 1996 REPORT DATE: July 30, 1996
FROM: George A. Wentz, City Engineer
TITLE: Exoneration of Grading Bond (Faithful Performance, Labor & Material) for Tract 47722, project
Diamond Knoll in Diamond Bar.
SUMMARY: The Principal, Piermarini Enterprises, Inc., requests a release of their surety bond posted for Tract
47722 located in the "Country" in the amount of $22,500. The City Engineer finds that the Principal has
performed all work as shown on the rough grading plans and has provided sufficient proof of completed fine
grading of the lots.
RECOMMENDATION: It is recommended that the City Council approve the exoneration of Bond No. 3 SM -
771 -718-00, in the amount of $22,500.00 posted with the City of Diamond Bar on February 28, 1992 as a
condition precedent to issuance of a grading permit for the rough grading of the 13 lots, and that the City Clerk
notify the Principal and Surety of this action.
LIST OF ATTACHMENTS: X Staff Report
_ Resolution(s)
_ Ordinances(s)
__ Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
Public Hearing Notification
_ Bid Specification (on file in City Clerk's Office)
x Other: Final Grading Certificate and copy of bond.
1. Has the resolution, ordinance or agreement been reviewed
by the City Attorney?
Does the report require a majority or 4/5 vote?
3. Has environmental impact been assessed?
4 Has the report been reviewed by a Commission?
Which Commission?
5. Are other departments affected by the report?
Report discussed with the following affected departments:
REVIEWED BY:
Terren e L. Belang Fran4Ush
City Manager Assistant City Manager
N/A _ Yes _ No
Majority
N/A _ Yes _ No
N/A _ Yes _ No
N/A _Yes —No
Cil -1-Y LVVNC�1l... li L'1�V12"1'
AGENDA NO.
MEETING DATE: August 6, 1996
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L.Belanger, City Manager
SUBJECT: Exoneration of Grading Bond (Faithful Performance, Labor &
Material) for Tract 47722, project Diamond Knoll in Diamond Bar.
ISSUE STATEMENT
Consider exoneration of Cash Deposit in Lieu of Grading Bond for improvement security as required
in accordance with the Subdivision Map Act.
RECOMMENDATION
It is recommended that the City Council move that:
a) Bond No. 3 SM -771-718-00, in the amount of $22,500.00 posted with the City of Diamond Bar on
February 28, 1992 be exonerated.
e) The City Clerk notify the Principal and Surety of these actions.
FINANCIAL SUMMARY
This action has no fiscal impact on the City.
BACKGROUND
In accordance with Section 66462 of the Subdivision Map Act, the City entered into agreement with
Piermarim Enterprises, Inc. to complete grading improvements for Tract 47722 located in the
"Country". The developer guaranteed faithful performance of this agreement by posting with the City
on February 28, 1992, a grading bond for Grading Improvements. All rough grading was approved on
August 12, 1992 by the City's Consultant, Mr. Jack Ozdere of Ron Kranzer and Associates. The
current bonds were held until such time the developer no longer had ownership of the lots within the
development. He has now requested the release of the remainder of the rough grading bonds.
Individual lot owners submit plans as hornes are built.
DISCUSSION
The following bond is recommended for exoneration:
Account Number: 3 SM -771-718-00, Grading Bond
Amount: $22,500.00
Reason: All rough grading has been complete.
PREPARED BY
ROSE MANF,LA
r . .
CITY OF DIAMOND BAR
21660 E.'COPLEY DRIVE. SUITE 100
DIAMOND BAR, CA 91765
714 -860 -CITY 714.860-2489
SUPERVXSEDD GRADING INSPECTION CERTIFICA Z
Job ADDRESS/TRACT NO. T�\ Q Mbnn A l!nQlj PE',111T No.
OWNERCONTRACTOR
SOILS ENGINEER'S ROUGH GRADING CERTIFICATION
I certify that the earth fills placed on the following lots we a installed upon competent
and properly prepared base material and compacted in compli,°nce with requirements of
Building Code Section 7010. I further certify that where tl:e report or reports of an
engineering geologist, relative to this site, have recommended tle installiition of buttress
fills -'or other similar stabilization measures, such earth•ork construction has been
completed in accordance with the approved design.
LOT NOS. -- --
See report dated for compaction test data, recommended allowable soil
bearing values and other recommendations.
EXPANSIVE SOILS (YES) (NO) LOT NOS.
BUTTRESS FILLS (YES) (NO) LOT NOS._
REMARKS
Engineer Reg.No Date
signature
SUPERVISING GRADING ENGINEER'S ROUGH GRADING CERTIFICATION
I certify to the satisfactory completion of rough grading,'includingt grading to approximate
final elevations, property lines located and stakedl cut and fill slopes correctly graded
and located in accordance With the approved designr $wales and terraces graded ready for
paving, berms installed! and required drainage slopes provided on the building pads. I
further certify that where report or reports of an engineering -geologist and/or soils
engineer have been prepared relative to this site, the recommend m i.,� ontained in such
reports have been followed in the presecutrion of-tba work. r �te5 l
LOT NOS. �1nv-v, •1:�;`�`,, A. ¢�
REMARKS -•1.
��"anReg. No.Cn;�
Engineer v vt�,�rn„� �.
--- -
I certify to the satisfactory completion of grading in ace dr a eith,,theta oved plans.
A11 required drainage devices have been inatalledl slope pla g;e;.ab ;,sils:.and irriga-
tion systems provided (where required)1 and adequate provision �A1► be ".Jm de for drainage
of surface waters from each building site. The recommendations of the "soils engineer and/
or engineering geologist (if such persons were employed) have been incorporated in the work
Lox Nos, 2L Lc_WS: 17 i?o()rF-fKral I C' at=' Ln i S1} -'-i�7 R /0
REMARKS
Engineer Reg. No. Date 6 - 3v- q 2
r r K01 � oa►
■nor_tl hrnnri tar trnn..rniffal memo 7671 * f
AW
E ti
1 1
.ec�I! y. :.c.:�.r \o.UU� -.J..
=1 � 71-
CY OF MWOND BAR
21660 )~. COPLEY DRIVE, SUITE 100
DIAMOND BAR, CA 91745
714 -&60 -CITY 114.860-2489
SM. SED GRADING INSPECTION CERTI>; I,_ - -E
/TRACT NO. iQLM r _,.d k-AD11 1 r• N_D._4-7U2 PE:RLKIT 140.
r i i EF✓1V-. _ CONTRACTOR
EER'S ROUGH GRADING. CERTIFICATION
that the earth fL'- s placed on the following lots we+re installed upon competent
y prepared base material and compacted in compliance with requirements of
de Section 7010. 1 further certify that where the report or reports of an
geologist, relative to this site, have recommended the lnstallation of buttress
other similar stabilization measures, such earthwork construction has been
n accordance with the approved design.
dated for compaction test data, recommended allowable soil
a ._.ues and other recorr�nendations.
,OILS (YES) (NO) LO:' NOS.
-:LLS (YES) (NO) LOT NOS.
Reg.No Date,
signature
JL.,lt�G GRADING ENGINEER'S ROUGH GRADING CERTIFICATION
i:,'itv to the satisfactory completion of rough grading.*includIng t grading to approximate
i..�i elevations, property lines located and staked; cut an i Lopes correctly graded
•r,;_ocated in accordance with the approved design, sw J_ es graded ready for
a,. rig, berms installed; and required drainage slopesp- d uilding pads. I
L" ther certify that where report or reports of 1(t erinq' ist and/or soils
!rgineer have been prepared relative to this site, T2s mmendat ntained in such
.e'ports have been followed in the presecution of -the. Q� Z
c'r xo._ 13 N0. 43217 U� .
Exp. -31-96
nginear%�Gl/t.tltzGv` c-,�tw�.� __ Reg. No. AA1 k 7
3UpERVISING GRADING ENGINEER'S FINAL GRADING CERTIFICATIO., OF rN�\�(��
I certify to the satisfactory completion of grading in accordance with the approved pians.
All required drainage devices have been installed; slope planting established. and irri?a-
,lion systems provided (where required); and adequate provisions have been made for drainage
of surface waters from each building site. The recommendations of the soils engineer and/
or engineering geologist (if such persons were employed) have been incorporated in the work
:10T NOS .
REnARxS
Engineer Reg. No. Date cb
."Ji- hranrt fav trnn.Rmitlal mento 7671 MOf pages ►
P MARINI ENT INC TE '-"p.714-627-2020 Dec M`391 14:47 No.005 P.01
CITY OF DIAMOND BAR
21660 B.'COPLEY DRIVE, SUTr$ 100
DIAMOND BAR, CA 91765
714 -860 -CITY 714-860.2489
SUPERVISED GRADING INSPECTION CERTIFICATE
JOB ADDRESS/TRACT NO. ----'Fr.- �% 7.7.7 _ _ _ _ _ _ PERMIT NO.
OWNER, .Pj'Prn4Arini Jinh- CONTRACTOR fl!� RM Ia f
SOILS ENGINEER'S ROUGH GRADING CERTIFICATION
I certify that the earth fills placed on the following lots were installed upon competent
and properly prepared base material and compacted in compliance with requirements of
Building code Section 7010. I further certify that where the report or reports of an
engineering geologist, relative to this site, have recommended the installation of buttress
fJ'ls or other similar stabilization measures, such earthwork construction has been
completed in accordance with the approved design.
Seg report dated for compaction test data, recommended allowable soil
bearing values and other recommendations.
EXPANSWE SOILS (YES) (NO) LOT NOS.
BUTTRESS FILLS (YES) (NO) LOT NOS.
REMARKS
Engineer Reg.No Date
signature
SUPERVISING GRADING ENGINEER'S ROUGH -GRADING CERTIFICATION
I certify to the satisfactory completion of rough grading including, grading to approximate
final elevations, property lines located and staked; cut and fill slopes correctly graded
and located in accordance with the approved design, swales and terraces graded ready for
paving, berms installedi and required drainage slopes provided on the building pads. I
further certify that where report or reports of an engineeri t and/or soils
engineer have been prepared relative to this site, the recomm ned in such
reports have been followed in the bresecution of -the work.
LOT NOS.
REMARKS
I certify to the satisfactory completion of grading in accords ed plans.
All required drainage devices have been installed slope plantin a:l Y'3�,i1�+�,' d irriga-
tion systems provided (where required), and adequate provisions have -been a for drainage
of surface waters from each building site. The recommendations of the soils engineer and/
or engineering geologist (If such persons were employed) have been incorporated in the work
LOT NOS. _ �'t�]� z r� r ��� J2r= Lz+�g Sc= (� ►Zu C u Ci Q t7 r r�r r c -) t::- Loa t ijrar. `�.
REMARKS4', c.k ((
Engineer Reg. No. Date 3- 1 e -A Z_
1+
■—+.a hrwnrl fay transmittal memo 7671 M•i r■e•■
Adw
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO.
TO: Terrence L. Belanger, City Manager
MEETING DATE: August 6, 1996 REPORT DATE: July 30, 1996
FROM: George A. Wentz, City Engineer
TITLE: Exoneration of Cash Deposit in Lieu of Grading Bond (Faithful Performance, Labor & Material) for
2640 Clear Creek Drive in Diamond Bar.
SUMMARY: The Principal, A.C. Landscaping requests the release of their Cash Deposit in Lieu of Grading
Bond for improvement security as required in accordance with the Subdivision Map Act. The City Engineer
finds that the Principal performed all works as shown on the grading plan on file with the City.
RECOMMENDATION: It is recommended that the City Council approve the exoneration of Check Number
2982, in the amount of $ 1749.60 posted with the City on March 11, 1996 and that the City Clerk notify the
Principal and Surety of this action.
LIST OF ATTACHMENTS X Staff Report
Resolution(s)
Ordinances(s)
_ Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST
_ Public Hearing Notification
Bid Specification (on file in City Clerk's Office)
x Other. Final Grading Certificate
I . 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 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:
REVIEWED BY:
Terrerke L. BelangV
Frank M. Usher
City Manager Assistant City Manager
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO.
TO: Terrence L. Belanger, City Manager
MEETING DATE: August 6, 1996 REPORT DATE: July 30, 1996
FROM: George A. Wentz, City Engineer
TITLE: Exoneration of Cash Deposit in Lieu of Grading Bond (Faithful Performance, Labor & Material) for
23655 Falcon's View in Diamond Bar.
SUMMARY: The Principal, James Woo, requests the release of his of Cash Deposit in Lieu of Grading Bond
for improvement security as required in accordance with the Subdivision Map Act. The City Engineer finds that
the Principal performed all works as shown on the grading plan on file with the City.
RECOMMENDATION: It is recommended that the City Council approve the exoneration of Bond No. 004-
B21056, in the amount of $2,725.00 deposited with the United National Bank on December 31, 1992 and that
the City Clerk notify the Principal and Surety of this action.
LIST OF ATTACHMENTS: X Staff Report
_ Resolution(s)
Ordinances(s)
Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
Public Hearing Notification
_ Bid Specification (on file in City Clerk's Office)
x Other: Final Grading Certificate and copy of bond.
I . Has the resolution, ordinance or agreement been reviewed N/A _ Yes _ No
by the City Attorney?
2. Does the report require a majority or 4/5 vote? Majority
3. Has environmental impact been assessed? N/A _Yes _ No
4. Has the report been reviewed by a Commission? N/A —Yes—No
Which Commission?
5. Are other departments affected by the report? N/A _Yes _ No
Report discussed with the following affected departments:
REVIEWED BY:
vVry
Terrence L. B 1 ger Frank M. Ushe Geo ge A. We
City Manager Assistant City Manager City,�Engineer
!' TIME CERTIFICATE DEPOSIT
UNITED NATIONAL NON-NEGOTIABLE, NOT TRANSFERABLE No. 0 0 4— A k 21 O S 6
BANK Not Subject to Check
DEC. 31 19 92 _—
THIS CERTIFIES THAT ******************** JAMES C.S. W00 ************************ HAVE/HAS
DEPOSITED IN THIS BANK ** TWO THOUSAND SEVEN HUNDRED TWENTY FIVE **** DOLLAR$ **2,725.00**
PRINCIPAL PAYABLE TO ***************** CITY OF DIAMOND BAR
UPON MATURITY AND PRESENTATION AND SURRENDER OF THIS CERTIFICATE PROPERLY ENDORSED AT THE OFFICE OF ISSUE.
❑ THIS DEPOSIT BEARS INTEREST AT % PER ANNUM IF LEFT ON DEPOSIT UNTIL MATURITY ONAND NO i
INTEREST AFTER MATURITY. ����S,S��
M THIS DEPOSIT BEARS AN INITIAL INTEREST RATE OF id6� tPER ANNUM UNTIL MATURITY. MATURITY WILL BE 365 DAYS *** MONTHS
*** YEARS FROM DATE OF ISSUE. THIS CERTIFICATE WILL BE AUTOMATICALLY RENEWED FOR A SIMILAR MATU AT THE INTERES TE THEN
PREVAILING FOR THESE DEPOSITS UNLESS WITHIN TEN (10) DAYS AFTER A MATURITY DATE THE OWNER PRESENT -FOR REDEMPTION.
INTEREST WILL BE PAID ON MATURITY ❑ QUARTERLY ❑ MONTHLY QSI / BY CHECK ❑ CREDIT ACCT. -`003— 1
Bank reserves the right to (a) Redeem this certificate on the original or any subsequent maturity date or
(b) Change the terms or the method of interest calculation applicable to this account after providing at
least fifteen (15) days written notice to the owner of record prior to the beginning of such extension ofAutho ed
maturity. MEMBER F.D.I.C. L-lSignature
DECEMBER 31, 1993
DEPOSITORS N07 f PAYMENT OF TIME DEPOSITS BEFORE MATURITY.
DEAR DEPOSITOR:
Bank Regulatory Agencies require us to furnish you with the following information regarding your Time Deposit.
1. A depositor may not withdraw all or any part of his deposit prior to maturity except with the consent of the Bank which may be given only at the time such request
for withdrawal is made.
2. If the Bank consents to withdrawal before maturity at the time the request was made, the following penalty will be assessed.
The Penalty for withdrawal of funds from a time deposit of 7-31 days will be equal to the interest earned but not less than 15 days penalty. A withdrawal
before the 15 day period would invade the principal.
The penalty for withdrawal of funds from a time deposit of 32 days through 365 days would be a penalty of one month simple interest. A withdrawal could
invade the principal
The penalty for withdrawal of funds from a time deposit of 1 year or more would be equal to three months simple interest and could reduce the principal.
3. In the event of death of any owner of this time Deposit Certificate we can pay this Time Deposit before maturity without forfeiture of interest as prescribed above.
4. in the event any owner of this Time Deposit Certificate is judicially declared incompetent we can pay this Time Deposit before maturity without forfeiture of interest
as prescribed above.
The undersigned acknowledges a copyhei of
DEPOSITOR ` c S • 754_121�
DEPOSITOR
DATE DEC. 31, 1992
CITU V11l fVPIl _ Bnnnnm
AGENDA NO. _
MEETING DATE: August 6, 1996
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L.Belanger, City Manager
SUBJECT: Exoneration of Cash Deposit in Lieu of Grading Bond (Faithful
Performance, Labor & Material) for 1818 Diamond Knoll in Diamond
Bar.
ISSUE STATEMENT
Consider exoneration of Cash Deposit in Lieu of Grading Bond for improvement security as required
in accordance with the Subdivision Map Act.
RECOMMENDATION
It is recommended that the City Council move that:
a) Bond No. 123-48807-4, in the amount of $2,880.00 deposited with Coast Federal Bank on July 26,
1995, be exonerated.
e) The City Clerk notify the Principal and Surety of these actions.
FINANCIAL SUMMARY
This action has no fiscal impact on the City.
BACKGROUND
In accordance with Section 66462 of the Subdivision Map Act, the City entered into agreement with
Unitech Engineering, Inc. to complete grading improvement for a custom home at 1818 Diamond
Knoll. The developer guaranteed faithful performance of this agreement by posting with the City on
July 28, 1995, a cash deposit in lieu of a grading bond for Grading Improvements. All grading has
been approved on May 29, 1996 by the City's Consultant, Mr. Angelo Reginaldo of Bryan Stirrat and
Associates.
DISCUSSION
The following bond is recommended for exoneration:
Account Number: 123-48807-4, Cash Deposit in Lieu of Grading Bond
Amount: $2,880.00
Reason: All grading improvements have been completed.
PREPARED BY:
ROSE MANE -LA
21660 E_ COPLEY DRIVE, SUITE 190
DIAMOND BAR, CA 9176--4177
(909) 396-5671
SUPERVISED GRADING INSPECTION CERTIFICATE
JOB ADDRESS/LOT AND TRACT NO. 1818 Diamond Knoll PERMIT NO
OWNER Piermarini Enterprises Inc. CONTRACTORPiermarini Enterprises Inc.
SOILS ENGINEER'S ROUGH GRADING CERTIFICATION
I certify that the earth fills placed on the following lot(s) were installed upon competent and properly prepared base material and
compacted in compliance with requirements of Building Code Section 7010. 1 further certify that where the report or reports
of engineering geologist, relative to this site, have recommended the installation of buttresses; fills or other similar stabilization
measures, such earthwork construction has been completed in accordance with the approved design.
LOT NO.(S)
See report dated
other recommendations.
EXPANSIVE SOILS (YES) (NO) LOT NO.(S)
BUTTRESS FILLS (YES) (NO) LOT NO.(S)
REMARKS
for compaction test data, recommended allowable soil bearing values and
ENGINEER REG. NO. DATE
Signature (and wet -stamp)
SUPERVISING GRADING ENGINEER'S ROUGH GRADING CERTIFICATION
I certify to the satisfactory completion of rough grading including: grading to approximate final elevations, property lines located
and staked; cut and fill slopes correctly graded and located in accordance with the approved design d terraces graded
ready for paving, berms installed; and required drainage slopes provided on the building pads. �) tM A here report
or reports of an engineering geologist and/or soils engineer have been prepared relative q-% tfi ndations
contained in soils reports have been followed in the execution of the work. j<1
Wr 1 •�
LOT NO.(S)
REMARKS I IS713
ENGINEER REG. N0. DATE
Signature (and wet -stamp)
SUPERVISING GRADING ENGINEER'S FINAL GRADING CERTIFICATION
I certify to the satisfactory completion of grading in accordance with the approved plans. All requir age devices have
been installed; slope planting established and. irrigation systems provided (where required); and adequate provisions have been
made for drainage of surface waters from each building site. The recommendations of the soils engineer and engineering
geologist (if such Rersons were employed) have been incorporated in the work.
LOT NO.
Lot 4... Tract No
REG. NO. RCE 18713 DATE May 29,_1996
Signature (and wet -stamp) Kenneth A. Wilch
GRADING CF_R77FICA7I0N BY THE SOILS ENGINEER AND GRADING ENGINEER IS REQUIRED FOR ROUGH GRADE
INSPEC77ON ARID RELEASE TO BUILDING DEPARTMENT FOR STRUCTURAL PERMITS.
FI'N'AL GRADING CER 77FICA770R' BY THE GRADING ENGINEER IS REQUIRED BEFORE FINAL GRADE INSPEC77ON
AA'D RELEASE TO BUILDING DEPARTMENT FOR OCCUPANCY.OF STRUCTURE.
CASH DEPOSIT IN LIED OF GRADING BOND t-Arn27
(FAITHFUL PERFORMANCE, LABOR i MATERIAL)
ACKNOWLEDGEMENT AND CONSENT OF
FINANCIAL INSTITUTION
COAST FEDERAL BANK
(hereinafter "Financial' Institution") hereby acknowledges
CAROLE PIEPMARINI
that (hereinafter "Depositor") has deposited
with Financial Institution the sum of $ 2,880.00
Financial Institution acknowledges and agrees that the foregoing
deposit stands in the name of the City of Diamond Bar, a California
municipal corporation (hereinafter the "City"), and that the City is the
owner of such account. No funds shall be withdrawn from said account
without the .express, written consent of the City; provided, however,
that any interest earned on the deposit shall belong to the Depositor.
Financial Institution further acknowledges and agrees that upon
written instructions from the City, Financial Institution shall
immediately pay to the City such amount (not exceeding, in the
aggregate, the sum specified above) as may be requested by City.
Financial Institution further acknowledges and agrees that such funds
shall be paid to the City notwithstanding any contrary instructions that
may have been given by the Depositor.
Financial Institution represents to City and warrants that the
entire amount of the principle on deposit as provided herein is insured
through the Federal Deposit Insurance Corporation (FDIC) or the Federal
Savings and Loan Insurance Corporation (FSLIC).
WHEREFORE, this acknowledgement and consent is executed this day
of July 26th 19 95
FINANCIAL INSTITUTION:
COAST FEDERAL BANK
By: Til�f�Il,�
0
F:/WP51/WORK/REBEKA/FORMS LO/C-GRADIN.BND.
c=mv on n77M-Mn Tn BAR
AGENDA REPORT
AGENDA NO.
TO:
Terrence
L. Belanger,
City Manager
MEETING DATE:
August 6,
1996
REPORT DATE: August 1, 1996
FROM:
George A.
Wentz, City
Engineer
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, 24060 Falcons View Drive.
SUMMARY: The applicant has requested the annexation of 24060 Falcons View Drive
(Annexation No. 647), Diamond Bar into the Los Angeles County Sanitation District
No. 21. The Sanitation District requires that the City of Diamond Bar execute the
attached resolution approving and accepting the negotiated property tax revenue
sharing percentages.
RECOMMENDATION: That the City Council adopt Resolution No. 96 -XX approving the
negotiated exchange of property tax revenues resulting from Annexation No. 647 to
County Sanitation District No. 21 subject to the following conditions:
1. That the property owner enter into an agreement with the City in a form
acceptable to the City Attorney which provides for other potential connections to
and maintenance of the proposed sewer system at no cost to the City; and
2. That a system be implemented whereby the applicant will be entitled to
reimbursement for the cost of any connections upon connection to the 411 force
main by another property owner and that owners connected to the system be
responsible for all related costs of maintenance.
LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification
X Resolution(s) _ Bid Specification (on file
Ordinances(s) in City Clerk's Office)
_ Agreement(s) X Other:
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? X_Yes _ No
4. Has the report been reviewed by a Commission? N/A
Which Commission?
5. Are other departments affected by the report? N/A
Report discussed with the following affected departments:
REVIEWED BY:
414"W
Terrence L.B anger
City Manager
Frank M. Usher George A
Assistant City Manager Ci Eng
CITY COUNCIL REPORT
ISSUE STATEMENT:
Approve the negotiated exchange of property tax revenues resulting from
Annexation No. 647 to the County Sanitation District No. 21.
RECOMMENDATION:
That the City Council adopt Resolution No. 96-xx approving the negotiated
exchange of property tax revenues resulting from Annexation No. 647 to County
Sanitation District No. 21 subject to the following conditions:
1. That the property owner enter into an agreement with the City in a form
acceptable to the City Attorney which provides for other potential
connections to and maintenance of the proposed sewer system at no cost
to the City; and
2. That a system be implemented whereby the applicant will be entitled to
reimbursement for the cost of any connections upon connection to the 4"
force main by another property owner and that owner connected to the
system be responsible for all related costs of maintenance.
FINANCIAL SUMMARY:
The proposed recommendation does not have a financial impact on the City of
Diamond Bar.
BACKGROUND/DISCUSSION:
When a new project or property owner not currently on a sanitary sewer system
desires services, it must annex to the Sanitation District. In this case,
the applicant has requested annexation to County Sanitation District No. 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 than existing
participants for the same service.
AGENDA NO.
MEETING DATE:
August 6, 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, 24060 Falcons View Drive
ISSUE STATEMENT:
Approve the negotiated exchange of property tax revenues resulting from
Annexation No. 647 to the County Sanitation District No. 21.
RECOMMENDATION:
That the City Council adopt Resolution No. 96-xx approving the negotiated
exchange of property tax revenues resulting from Annexation No. 647 to County
Sanitation District No. 21 subject to the following conditions:
1. That the property owner enter into an agreement with the City in a form
acceptable to the City Attorney which provides for other potential
connections to and maintenance of the proposed sewer system at no cost
to the City; and
2. That a system be implemented whereby the applicant will be entitled to
reimbursement for the cost of any connections upon connection to the 4"
force main by another property owner and that owner connected to the
system be responsible for all related costs of maintenance.
FINANCIAL SUMMARY:
The proposed recommendation does not have a financial impact on the City of
Diamond Bar.
BACKGROUND/DISCUSSION:
When a new project or property owner not currently on a sanitary sewer system
desires services, it must annex to the Sanitation District. In this case,
the applicant has requested annexation to County Sanitation District No. 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 than existing
participants for the same service.
Page Two
Annexation No. 647 (24060 Falcons viev Drive)
August 6, 1996
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 currently from 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.
The applicant is proposing to install a grinder pump at his residence at
24060 Falcons View Drive and approximately 850 l.f. of 4" diameter steel
force main which will be placed underground in Falcons View Drive and Indian
Creek Road. The 4" diameter mainline will tie into the existing gravity
sewer system at the intersection of Indian Creek Road and Derringer Lane.
The property owner will be responsible for maintaining the grinder pump and
the 4" force main.
Analysis of the proposed 4" diameter force main indicates that this line will
have the capacity to carry sewage flows from up to twelve additional parcels
provided that a grinder pump is installed on each of those parcels. The
applicant has indicated a willingness to add connection to the 4" force main
at other properties provided that a system be implemented whereby he is
reimbursed for the cost of construction and connections to the system by
another property owner and the ongoing maintenance be shared.
Prepared By:
George A. Wentz
RESOLUTION NO. 96-
A JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS
ANGELES ACTING ON 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 ANGELS 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. 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. If at any time after the effective date of this resolution, the calculations
used herein to determine initial property tax transfers or the data used to perform those
calculations are found to be incorrect thus producing an improper or inaccurate property tax
transfer, the property tax transfer shall be recalculated and the corrected transfer shall be
implemented for the next fiscal year, and any amounts of property tax received in excess of that
which is proper shall be refunded to the appropriate agency.
SECTION VI. 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, LYNDA BURGESS, City Clerk of the City of Diamond Bar, California do hereby
certify that the foregoing Resolution Number 96-- (1966) 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:
LYNDA BURGESS, 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 ON 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 ANGELS 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. 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. 467.
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. 467 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. 467.
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. 467.
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. If at any time after the effective date of this resolution, the calculations
used herein to determine initial property tax transfers or the data used to perform those
calculations are found to be incorrect thus producing an improper or inaccurate property tax
transfer, the property tax transfer shall be recalculated and the corrected transfer shall be
implemented for the next fiscal year, and any amounts of property tax received in excess of that
which is proper shall be refunded to the appropriate agency.
SECTION VI. 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, LYNDA BURGESS, City Clerk of the City of Diamond Bar, California do hereby
certify that the foregoing Resolution Number 96- (1966) 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
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
, 1996, by the following vote, to wit:
LYNDA BURGESS, CITY CLERK
CITY OF DIAMOND BAR, CALIFORNIA
CITY OF DIAMOND BAR ( ' 1`3
AGENDA REPORT AGENDA NO.
TO: Terrence L. Belanger, City Manager
MEETING DATE: August 6, 1996 REPORT DATE: July 23, 1996
FROM: James DeStefano, Community Development Director
TITLE: AWARD OF CONTRACT TO PROVIDE MITIGATION MONITORING SERVICES FOR
VESTING TENTATIVE TRACT MAP NO. 47850.
SUMMARY: Vesting Tentative Tract Map No. 47850 is scheduled to commence construction in the near
future. In accordance with the previously certified environmental impact report, mitigation measures must be
monitored for compliance. Michael Brandman Associates prepared the environmental documents and is under
contract to perform the monitoring services subject to approval of the City Council.
RECOMMENDATION: It is recommended that the City enter into a Consulting Services Agreement with
Michael Brandman Associates in the amount of $ 100,500.00.
LIST OF ATTACHMENTS:X Staff Report _ Public Hearing Notification
_ Resolution(s) _ Bid Specification (on file in City Clerk's Office)
_ Ordinances(s)
X Agreement(s)
X Proposal
EXTERNAL DISTRIBUTION: Consultant Michael Brandman Associates -Tom Smith;
Developer JCC -Kurt Nelson
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been reviewed X Yes
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
4. Has the report been reviewed by a Commission? N/A _ Yes
Which Commission?
5. Are other departments affected by the report? _Yes
Report discussed with the following affected departments:
REVIEWED BY:
No
_ No
_ No
X No
ITeence L. Bel r Frank M. Usher es DeStefan
City Manager Assistant City Manager Community De elopment Director
MEETING DATE:
TO:
FROM:
SUBJECT:
CITY COUNCIL REPORT
AGENDA NO.
August 6, 1996
Honorable Mayor and Members of the City Council
Terrence L. Belanger, City Manager
AWARD OF CONTRACT TO PROVIDE MITIGATION MONITORING
FOR VESTING TENTATIVE TRACT MAP NO. 47850.
ISSUE STATEMENT: Vesting Tentative Tract Map No. 47850 is scheduled to commence
construction in the near future. In accordance with the previously certified
environmental impact report, mitigation measures must be monitored for
compliance. Michael Brandman Associates prepared the environmental
documents and is under contract to perform the monitoring services subject
to approval of the City Council.
RECOMAIENDATION: It is recommended that the City enter into a Consulting Services Agreement
with Michael Brandman Associates in the amount of $ 100,500.00.
FINANCIAL SUMMARY:
The project will be funded through fees paid by the developer to the City. The developer has executed
an agreement for payment of all costs associated with the processing of the project.
BACKGROUND:
The developer, Diamond Bar Associates / JCC, has received City approval for Vesting Tentative Tract
Map 47850 a 50 unit, single family residential subdivision located on a 73 acre site at the terminus of
Steeplechase Lane. The tentative map approval included a conditional use permit for hillside development
located within the Significant Ecological Area (SEA No. 15), a permit to remove several oak trees, and
certification of the environmental impact report.
1
Michael Brandman Associates has been retained by the City since 1994 to perform a variety of
environmental services related to VTM 47850. The environmental services associated with this project
originated with the preparation of an environmental impact report. The project is scheduled to commence
construction in the near future. The 1994 contract anticipated mitigation monitoring subject to the
approval of a precise scope of work and contract amount.
MBA has been retained by the City to provide environmental services for the adjacent subdivisions (Tract
Map Nos. 47851, 48487, 50314 and 51169). In addition, MBA has previously been contracted by Los
Angeles County and the City to perform environmental studies within SEA No. 15. MBA is currently
under contract with the City to perform mitigation monitoring services for the adjacent JCC project (Tract
47851).
The conditions of approval for VTM 47850 incorporated a five year monitoring period to insure the
successful establishment of the revegetated areas. MBA will monitor the progress of the coast live oak,
walnut, and riparian woodland revegetation planting areas for the five year period. MBA will establish
photodocumentation stations to monitor the growth of the landscaped areas, perform qualitative surveys,
and determine necessary maintenance measures to insure compliance. MBA will prepare and submit
progress and yearly reports to the City.
PREPARED BY:
James DeStefano
Community Development Director
CONSULTING SERVICES AGREEMENT
THIS AGREEMENT is made as of by and between the City of("Consultant").
Diamond Bar, a municipal corporation ("City") and Michael Brandm n Associates-,
RECITALS
A. City desires to utilize the services of Consultant as an independent contractor to provide
consulting services to the City for Mitigation Monitoring for Tentative Tract No. 47850 as set forth in
Exhibit "A."
B. Consultant represents that it is fully qualified to perform such consulting services by
virtue of its experience and the training, education and expertise of its principals and employees.
NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions
herein contained, the parties hereto agree as follows:
Consultant's Services.
A. Scope of Services. The nature and scope of the specific services to be
performed by Consultant are as described in Exhibit "A."
B. Level of Services/Time of Performance. The level of and time of the specific
services to be performed by Consultant are as set forth in Exhibit "A."
2. Term of Agreement. This Contract shall take effect
1996, and
shall continue for approximately 5 years, unless earlier terminated pursuant to the provisions herein.
3. Compensation. City agrees to compensate Consultant for each service which
Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit
"A." Payment will be made only after submission of proper monthly invoices in the form specified by
City. Total payment to Consultant pursuant to this Agreement shall not exceedOne_
thousand fou hundred ansixx dollars ($ 100 404,QSL)•
4. General Terms and Conditions. In the event of any inconsistency between the
provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall
control.
5. Addresses.
City: Terrance Belanger Consultant: Tom Smith
City Manager President
City of Diamond Bar Michael Brandman Asociates
21660 East Copley Dr., Ste. 100 17310 Red Hill Ave., Ste. 250
Diamond Bar, California 91765-4177 Irvine, CA 92714
COMMDEV4 C:\WP51\CONTRACTS\MBA47850.mm
6. Status as Independent Consultant.
A. Consultant is, and shall at all times remain as to City, a wholly independent
contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of
City or -otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have
control over the conduct of Consultant or any of Consultant's employees, except as set forth in this
Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents
or employees are in any manner agents or employees of City.
B. Consultant agrees to pay all required taxes on amounts paid to Consultant
under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments,
penalties, and interest asserted against City by reason of the independent contractor relationship
created by this Agreement. In the event that City is audited by any Federal or State agency regarding
the independent contractor status of Consultant and the audit in any way fails to sustain the validity of
a wholly independent contractor relationship between City and Consultant, then Consultant agrees to
reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and
any appeals relating thereto.
C. Consultant shall fully comply with the workers' compensation law regarding
Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City
harmless from any failure of Consultant to comply with applicable worker's compensation laws. City
shall have the right to offset against the amount of any fees due to Consultant under this Agreement
any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City
any reimbursement or indemnification arising under this Section 6.
7. Standard of Performance. Consultant shall perform all work to the highest
professional standards and in a manner reasonably satisfactory to the City Manager or the City
Manager's designee.
S. Indemnification. Consultant is skilled in the professional calling necessary to
perform the services and duties agreed to be performed under this Agreement, and City is relying
upon the skill and knowledge of Consultant to perform those services and duties. To the fullest extent
permitted by law, Consultant hereby agrees, at its sole cost and expense, to defend, protect,
indemnify, and hold harmless the City of Diamond Bar and its elected officials, officers, attorneys,
agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against
any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings,
expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of
accountants, attorneys, or other professionals and all costs associated therewith, arising or claimed to
arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to
act, error, or omission of Consultant or any of its officers, agents, servants, employees,
subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or
claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to this
Agreement or the performance or failure to perform any term, provision, covenant, or condition of
the Agreement, including this indemnity provision. This indemnity provision is effective regardless
of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate
to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive
the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees
may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to
recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be
COMMDEV4 C:\WP51\CONTRAcrS\MBA47850.am Page 2
conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Consultant
shall pay Indemnitees for any attorneys fees and costs incurred in enforcing this indemnification
provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass
(a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying
Agreement is subject to Civil Code J 2782(a) or (b) the contracting public agency's active negligence
to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This
indemnity is effective without reference to the existence or applicability of any insurance coverages
which may have been required under the Agreement or any additional insured endorsements which
may extend to Indemnitees.
Consultant, on behalf of itself and all parties claiming under or through it, hereby waives all rights of
subrogation and contribution against the Indemnitees, while acting within the scope of their duties,
from all claims, losses and liabilities arising out of or incident to activities or operations performed by
or on behalf of the Consultant regardless of any prior, concurrent, or subsequent active or passive
negligence by the Indemnitees.
In the event there is more than one person or entity named in the Agreement as a Consultant, then all
obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several.
9. Insurance. Consultant shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, with an insurance company admitted to do business in
California and approved by the City (1) a policy or policies of broad -form comprehensive general
liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any
injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers,
employees, agents, and independent contractors in performance of services under this Agreement; (2)
property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance,
with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance
(errors and omissions) to cover or partially cover damages that may be the result of errors, omissions,
or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence; and (5) .
worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by
law, whichever is greater. City, its officers, employees, attorneys, and volunteers. shall be named as
additional insureds on the policy(ies) as to comprehensive general liability, property damage, and
automotive liability. The policy (ies) as to comprehensive general liability, property damage,
automobile liability, and professional liability shall provide that they are primary, and. that any
insurance maintained by the City shall be excess insurance only.
A. All insurance policies shall provide that the insurance coverage shall not be
non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional
insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30)
day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise
modify the insurance coverage.
B. Consultant agrees that if it does not keep the insurance in full force and effect,
and such insurance is available at a reasonable cost, City may take out the necessary insurance and
pay the premium thereon, and the repayment thereof shall be deemed an obligation of Consultant and
the cost of such insurance may be deducted, at the option of City, from payments due Consultant.
C. Consultant shall submit to City (1) insurance certificates indicating compliance
with the minimum worker's compensation insurance requirements above, and (2) insurance policy
COMMDEV4 C:\WP51\CONTRACrS\MBA47850.mm Page 3
endorsements indicating compliance with all other minimum insurance requirements above_ , not less
that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be
executed on City's appropriate standard forms entitled "Additional Insured Endorsement".
10. Confidentiality. Consultant in the course of its duties may have access to
confidential data of City, private individuals, or employees of the City. Consultant covenants that all
data, documents, discussion, or other information developed or received by Consultant or provided
for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant
without written authorization by City. City shall grant such authorization if disclosure is required by
law. All City data shall be returned to City upon the termination of this Agreement. Consultant's
covenant under this section shall survive the termination of this Agreement.
11. Ownership of Materials. All materials provided by Consultant in the performance of
this Agreement shall be and remain the property of City without restriction or limitation upon its use
or dissemination by City.
12. Conflict of Interest.
A. Consultant covenants that it presently has no interest and shall not acquire any
interest, director or indirect, which may be affected by the services to be performed by Consultant
under this Agreement, or which would conflict in any manner with the performance of its services
hereunder. Consultant further covenants that, in performance of this Agreement, no person having
any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of
having any interest which would conflict in any manner with the performance of its services pursuant
to this Agreement.
B. Consultant covenants not to give or receive any compensation, monetary or
otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the
performance of this Agreement. Consultant's covenant under this section shall survive the
termination of this Agreement.
13. Termination. City may terminate this Agreement with or without cause upon fifteen
(15) days' written notice to Consultant. The effective date of termination shall be upon the date
specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th)
day following delivery of the notice. In the event of such termination, City agrees to pay Consultant
for services satisfactorily rendered prior to the effective date of termination. Immediately upon
receiving written notice of termination, Consultant shall discontinue performing services.
14. Personnel. Consultant represents that it has, or will secure at its own expense, all
personnel required to perform the services under this Agreement. All of the services required under
this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in
the work shall be qualified to perform such services. Consultant reserves the right to determine the
assignment of its own employees to the performance of Consultant's services under this Agreement,
but City reserves the right, for good cause, to require Consultant to exclude any employee from
performing services on City's premises.
COMMDEV4 C:\wP51\CONTAACPS\MBA47850.mm Page 4
15. Non -Discrimination and Equal Employment Opportunity.
A. Consultant shall not discriminate as to race, color, creed, religion, sex,
marital status,. national origin, ancestry, age, physical or mental handicap, medical condition, or
sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will
comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include
but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship.
B. Consultant will, in all solicitations or advertisements for employees placed by
or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified
applicants will receive consideration for employment without regard to race, color, creed, religion,
sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or
sexual orientation.
C. Consultant will cause the foregoing provisions to be inserted in all
subcontracts for any work covered by this Agreement except contracts or subcontracts for standard
commercial supplies or raw materials.
16. Assignment. Consultant shall not assign or transfer any interest in this Agreement
nor the performance of any of Consultant's obligations hereunder, without the prior written consent of
City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations
arising hereunder shall be void and of no effect.
17. Performance Evaluation. For any contract in effect for twelve months or longer, a
written annual administrative performance evaluation shall be required within ninety (90) days of the
first anniversary of the effective date of this Agreement, and each year thereafter throughout the term
of this Agreement. The work product required by this Agreement shall be utilized as the basis for
review, and any comments or complaints received by City during the review period, either orally or
in writing, shall be considered. City shall meet with Consultant prior to preparing the written report.
If any noncompliance with the Agreement is found, City may direct Consultant to correct the
inadequacies, or, in the alternative, may terminate this Agreement as provided herein.
18. Compliance with Laws. Consultant shall comply with all applicable laws,
ordinances, codes and regulations of the federal, state, and local governments.
19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or
more of the conditions of performance under this Agreement .shall not be a waiver of any other
condition of performance under this Agreement. In no event shall the making by City of any
payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or
any default which may then exist on the part of Consultant, and the making of any such payment by
City shall in no way impair or prejudice any right or remedy available to City with regard to such
breach or default.
20. Attorney's Fees. In the event that either party to this Agreement shall commence any
legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the
prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including
reasonable attorney's fees and costs, including costs of expert witnesses and consultants.
COMMDEV4 CAWP51\C0NTRACTS\MBA47850.mm Page 5
21. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be
deemed received on (a) the day of delivery if delivered by hand during regular business hours or by
facsimile before or during regular business hours; or (b) on the third business day following deposit
in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or
to such other addresses as the parties may, from time to time, designate in writing pursuant to the
provisions of this section.
22. Governing law. This Contract shall be interpreted, construed and enforced in
accordance with the laws of the State of California.
23. Counterparts. This Agreement may be executed in any number of counterparts, each
of which shall be deemed to be the original, and all of which together shall constitute one and the
same instrument.
24. Entire Agreement. This Agreement, and any other documents incorporated herein
by specific reference, represent the entire and integrated agreement between Consultant and City.
This Agreement supersedes all prior oral or written negotiations, representations or agreements. This
Agreement may not be amended, nor any provision or breach hereof waived, except in a writing
signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City
will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk.
25. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this
reference.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date
first written above.
"City..
ATTEST:
By:
City Clerk
Approved as to form:
CITY OF DIAMOND BAR
By:
City Manager
"CONSULTANT"
COMMDEV4 C:\WP51\C0NTRACTS\M3A47850.mm Page 6
Michael Brandman associates Fy%IRk)\%1! y!"J Ck I • R �Ot R(1-- I ;
February 5, 1996
Mr. James DeStefano
Director of Community Development
City of Diamond Bar
21660 E. Copley Drive, Suite 100
Diamond Bar, California 91765
SUBJECT: Revised Scope and Fee Estimate for Mitigation Monitoring for Tract 47850
Dear Mr. De5tefano:
As requested, Michael Brandman Associates (MBA) has prepared this scope of work and fee estimate for
mitigation monitoring for Tract 47850. MBA will act as an extension of City staff to ensure that all of
the mitigation measures identified in the mitigation monitoring program are timely and fully implemented.
MBA will also assist City staff in ensuring that the conditions of approval are implemented. To assist
MBA, Brian F. Smith and Associates will conduct construction monitoring of archaeological resources.
Michael E. Houlihan, AICP will be the MBA Project Manager, coordinating all monitoring efforts on
Tract 47850. Thomas E. Smith, Jr., AICP will be the principal in charge, responsible for project
direction and technical quality assurance throughout the project. Following is a description of our
methodology, scope of work, and fee estimate.
METHODOLOGY
MBA will review all approved mitigation measures and conditions of approval for Tract 47850. As
depicted in the mitigation monitoring program, measures are required to be monitored and verified
through review of plans/reports, field visits, and City's receipt of fees/bonds. A weekly monitoring
report that will consist of reporting and implementation (R&I) forms will be prepared. The R&I forms
will be developed by MBA to allow clear and concise reporting of all monitoring activities. A sample
R&I form is attached for reference.
As an extension of City staff, MBA will review all plans/reports that are submitted by the applicant for
Tract 47850 to ensure that approved mitigation measures are included in the appropriate plans/reports.
This process will require the applicant/City staff to inform MBA of all plans/reports submittals for Tract
47850.
Prior to initiation of grading activities, MBA will attend a preconstruction meeting with the applicant and
City staff to review construction .procedures as they relate to measures in the mitigation monitoring
program.
FAY 14 . �i11 ijil�
Mr. James DeStefano
February 5, 1996
Page 2
During construction activities, weekly meetings with the construction superintendent, equipment operator,
and landowner/applicant are recommended to obtain information on construction activities that would
occur during the week. These weekly meetings could simultaneously occur with the construction
contractor's weekly safety meetings. If the weekly construction activities are modified, the construction
superintendent shall call/fax the modified activities to MBA. MBA will determine the need to modified
its weekly monitoring.
Post -construction monitoring will be required for revegetation of walnut and oak trees. MBA will
conduct monitoring of the revegetation program and prepare annual monitoring reports.
The mitigation monitoring program includes measures that are determined to be completed through the
payment of fees/bonds. MBA assumes that City staff will collect the fees/bonds and inform MBA of the
applicable measures that are completed as a result of the payment of the fees/bonds.
The MBA monitoring team will consist of environmental, biological, and cultural resources technical
monitors. The environmental monitor will conduct all monitoring associated with the following mitigation
measures: natural landforms, hydrology ,and water quality, noise, climate and air quality, traffic and
circulation, aesthetics and visual resources, and public services. The biological monitor will conduct all
monitoring of mitigation measures associated with biological resources. The cultural resources monitor
will conduct all monitoring of mitigation measures associated with archaeological or paleontological
resources. Depending on the mitigation measure and circumstance, the biological monitor may function
as the environmental monitor. Overlapping of these monitoring functions would allow for reduced
monitoring costs.
Specific work items to be accomplished are described below.
SCOPE OF WORK
TASK A: PROJECT MANAGEMENT/COORDINATION/MEETINGS
The MBA Project Manager will coordinate all monitoring activities and ensure that weekly monitoring
reports are prepared. It is anticipated that the MBA Project Manager and Principal will require 60 hours
for management and meetings with the City, construction superintendent, equipment operators, and/or
landowner/applicant to discuss monitoring procedures, mitigation monitoring reporting, and schedules
of construction activities.
The MBA (environmental, biological, and cultural) monitors will attend a preconstruction meeting to
review construction procedures as they relate to measures in the mitigation monitoring program. The
MBA monitors will also attend weekly meetings with the construction foreman, equipment operators,
and/or landowner/applicant during applicable construction periods to obtain information on construction
activities that would occur during the week. Meeting attendance by the MBA monitors during
construction activities is assumed to occur onsite and is included in Task C. These weekly meetings
could simultaneously occur with the construction contractor's weekly safety meetings. If the weekly
construction activities are modified, the construction superintendent shall call/fax the modified activities
to MBA. MBA will determine the need to modified its weekly monitoring. The MBA monitors and the
Mr. James DeStefano
February 5, 1996
Page 3
MBA Project Manager may modify -the frequency of the monitoring visits depending on the type and
location of construction activities.
The MBA biological monitor will be the only monitor required for post -construction activities. The scope
of this work is described in Task F below.
TASK B: REVIEW OF PROJECT PIANS AND REPORTS FOR COMPLIANCE WITH
APPROVED MITIGATION NIEA5URES
The environmental, biological, and cultural resources monitors will review applicable plans and reports
submitted by the applicant to the City to ensure compliance with the approved mitigation measures and
related conditions of approval. MBA will complete R&I forms to record all reviews of the plans and
reports. Any non-compliance with specific mitigation measures will be documented on the R&I forms.
Following is a list of plans and reports that will need to be reviewed by each monitor.
Environmental Monitor
It is assumed that the environmental monitor will require 20 hours in reviewing the following plans and
reports to ensure compliance with the approved mitigation measures and applicable conditions of
approval. Some of the plans and reports listed below will require review by City personnel in accordance
with standard City procedures; in these cases, the environmental monitor will contact the City reviewer
(i.e., City Engineer) to ensure compliance with applicable mitigation measures. In these situations, the
environmental monitor will only coordinate with City staff and may not need to review the plans and
reports.
• Urban Runoff Management Plan
• Grading Plans
• Building Plans
• Street Improvement Plans
• Landscape Plans
Biological Resources Monitor
It is assumed that the biological monitor will spend up to 24 hours in reviewing the following plans and
reports to ensure compliance with the approved mitigation measures.
• Urban Runoff Management Plan
• Buyer Awareness Brochure
• Grading Plan (reviewing location of preserved native vegetation at grading limits)
• Landscape Plan (reviewing plant palette for project common areas, buffers, and fuel
modification zones).
• Revegetation Program for Walnut Woodlands, Coast Live Oak Woodland, and Riparian
Woodland Habitats (reviewing selected site locations and conditions, surface runoff
management, planting densities, plant sizes, planting ratios, planting palettes, long-term
maintenance and monitoring guidelines, and performance standards).
Mr. James DeStefano
February_5, 1996
Page 4
Cultural Resources Monitor
It is assumed that the cultural monitor will spend 8 hours in reviewing the following plan to ensure
compliance with the approved mitigation measures.
• Grading Plan
TASK C: PRE -CONSTRUCTION * MONITORING
Prior to initiation of onsite clearing and grading, the MBA biological resources monitor will perform the
following tasks to ensure the preservation and protection of appropriate resources as specified in the
MMP.
• Monitor the placement by construction personnel of 8 -foot PVC pipe at the grading and
work limits.
• Flag in the field and map on appropriate topographic maps, all coast live oaks and
walnuts within 200 feet of the grading limits (in coordination with the contractor) as a
means of indicating preservation/removal status. MBA will also monitor the placement
of protective fencing around trees to be retained.
• Examine the project site to determine the presence of any raptor nests.
The cultural resources monitor will not participate in this task, but will become active in Task D below.
TASK D: CONSTRUCTION MONITORING
MBA will conduct construction monitoring throughout the construction period. The frequency of the
monitoring will depend on the type of construction activities and onsite locations. The biological and
cultural resources monitors are expected to conduct a majority of the site visits to determine compliance
with biological and cultural mitigation measures. The environmental monitor is expected to conduct
fewer site visits to ensure compliance with other mitigation measures. There will be some opportunities
for the biological monitor to function as the environmental monitor. Following are estimates of time for
each monitor to conduct construction monitoring.
• Environmental Monitor - 60 hours (assumes an average of 10 hours per month during the
6 -month monitoring period)
• Biological Monitor - 160 hours (assumes an average of 20 hours per week during the 2 -
week clearing/grubbing of native vegetation and 12 hours every 2 weeks during the
remaining 20 -week grading activities)
• Cultural Monitor - 480 hours (assumes an average of 20 hours per week during the 2 -
week clearing/grubbing of native vegetation and an average of 20 hours per week during
the remaining 20 -week grading activities)
Mr. James DeStefano
February 5, 1996
Page 5
If any cultural resources are located during grading process, these resources would need to be tested and
evaluated for significance, and impacts would need to be assessed. The fee for any resource evaluations
or mitigation programs are not included in this proposal, but would be an additional fee.
TASK E: MONITORING REPORTS
The MBA Project Manager will prepare monthly monitoring reports during the pre -construction and
construction periods of monitoring. A total of 6 reports are assumed, covering a 6 month period. These
reports will consist of R&I forms that will be completed for each compliance determination (i.e., review
of plans/reports and site visit) for each mitigation measure. The R&I forms will document compliance
with specific mitigation measures and list any remedial measures necessary.. Copies of the weekly reports
will be provided to the City of Diamond Bar and the landowner/applicant. At the conclusion of the
mitigation monitoring (exclusive of Task F), MBA will prepare a final report documenting the completion
of the program.
TASK F: POST -CONSTRUCTION MONITORING
The MBA biological resources monitor will conduct post -construction monitoring for the onsite
revegetation program. As identified in the MMP, monitoring will be required for the walnut woodland
and oak woodland revegetation site for a 5 -year period. The biological monitor will also monitor the
implementation of the riparian mitigation for a 5 -year period.
During post -construction monitoring, the MBA biological resources monitor will prepare annual reports
that evaluate the survival rate of the revegetated areas and identify the need to conduct additional
plantings, if necessary. Copies of the annual reports will be provided to the City of Diamond Bar and
the landowner/applicant. Post -construction monitoring for offsite mitigation requirements are not assumed
in this scope of work, but can be provided by MBA when these requirements have been finalized.
• MBA will require 60 hours over a five year period to perform project management
activities, and attend meetings with resource agency personnel, the City of Diamond Bar,
the landowner/applicant, and other appropriate entities.
• Qualified MBA personnel will expend an additional 300 hours providing coordination and
onsite monitoring during implementation of the onsite walnut, coast live oak, and riparian
woodland revegetation programs for the VTM 47850 site. Coordination and monitoring
will include:
a. Written and telephone communication with the landscape contractor, the City of
Diamond Bar, and the landowner/applicant.
b. Meetings onsite (and elsewhere, as necessary) with the landscape contractor, the
City of Diamond Bar, the landowner/applicant, and other appropriate entities
(meetings will include kick-off meetings, in -progress meetings, and pre -
maintenance period meetings).
Mr. James DeStefano
February 5, 1996
Page 6
C. Onsite monitoring during site preparation (weed removal, irrigation system
installation, etc.), container planting, and hydroseed application to facilitate
compliance with the requirements listed in the approved construction documents.
d. Miscellaneous coordination as necessary with native plant species suppliers, native
seed suppliers, hydroseed company, etc.
e. Monitoring of vegetation thinning and clearing activities associated with fuel
modification activities during the implementation of the fuel modification
program.
MBA will have the authority, delegated by the City of Diamond Bar, to require any necessary corrections
by the landscape contractor to ensure compliance with the revegetation program requirements and
specifications. The City of Diamond Bar will be notified by telephone (followed by written memoranda
if necessary) of any corrective measures necessary to ensure compliance with implementation
requirements and specifications.
Qualified personnel will monitor the progress of the onsite revegetation and mitigation sites during the
first 5 years following planting to facilitate the successful establishment of native plant species and
compliance with required growth performance standards. The site will be visited once a month during
the first 12 months (12 site visits), and quarterly for the following 4 years (16 site visits). Prior to the
initiation of the 5 -year monitoring program, MBA will: 1) establish permanent photodocumentation
stations in appropriate areas of the site as a means of providing visual documentation of the site's
progress; 2) establish permanent belt transects to be used during quantitative evaluation of the site; and,
3) randomly tag tree species to enable the collection of tree growth data during quantitative surveys.
Monitoring will include:
a. Using the established belt transects and randomly tagged trees to perform
quantitative surveys once a year as a means of determining average tree heights
and tree trunk diameters and to more precisely determine percent coverage,
species composition, and species densities for mitigation species.
b. Photographing the site's progress in revegetation by utilizing the established
photodocumentation stations.
Performing qualitative surveys during all site visits to assess the fitness and health
of the planted species, pest problems, irrigation coverage and performance, weed
establishment, plant mortality, and overall growth performance.
d. Determining necessary maintenance measures such as re -planting, re -seeding,
weed removal, and irrigation system adjustment to facilitate compliance with all
performance goals as listed in the completed mitigation and revegetation
programs, and the successful establishment of coast live oak, walnut, and riparian
habitats woodland. MBA personnel will meet with the maintenance contractor
Mr. James DeStefano
February 5, 1996
Page 7.
as necessary during regularly scheduled site visits to discuss site conditions and
recommended maintenance measures.
Progress reports (23 total) summarizing revegetation and mitigation site status and appropriate remedial
measures will be submitted to the City of Diamond Bar and landowner/applicant following each site visit
with the exception of those visits immediately preceding the development of each yearly status report.
Information gathered from quantitative and qualitative surveys will be used in preparation of the 4 yearly
reports and a final 5 -year report to be submitted to the City of Diamond Bar, the landowner/applicant,
the California Department of Fish and Game (CDFG), and the U.S. Army Corps of Engineers (USACE)
as required by the approved revegetation and mitigation programs. These reports will include a summary
of measured growth performance (percent coverage, tree height, tree trunk diameter, and plant survival
rates), planted species health, irrigation performance, weed species and pest problems, and remedial
maintenance measures necessary to ensure compliance with specified performance standards and goals.
Photographs taken at established stations will also be included in each report to provide visual
documentation of the site.
SCHMULE
For this scope of work, we have assumed a contract period for Tasks A through E of six months,
commencing in late February 1996. Task F would be conducted over a 5 -year period following
completion of Task E in late August -early September 1996.
FEE ESTIMATE
Following is a fee schedule for tasks described herein:
Hours
Fps
Task A:
Project Management/Coordination/Meetings
85
$ 8,388
Task B:
Review Project Plans for Compliance
with Approved Mitigation Measures
52
3,926
Task C:
Pre -Construction Monitoring
28
2,380
Task D:
Construction Monitoring
700
44,E
Task E:
Monitoring Reports
la
1.488
Labor Subtotal
893
$60,646
Reimbursable Expenses (mileage, materials)
6.060
TOTALS Tasks A-E
$66,706
Task F:
Post -Construction Monitoring (5 yrs.)
360
30,600
Reimbursable Expenses
3.100
TOTALS Task F
$33,700
SUMMARY TOTALS
1,253
$100,406
We have reviewed the City's current contract provisions and find them acceptable, including the
indemnification and insurance coverage sections.
Mr. James DeStefano
February 5, 1996
Page 8
If you have any questions regarding this scope and fee estimate, please call. We look forward to working
with the City of Diamond Bar and the applicant to complete the monitoring phase of the project.
Sincerely,
MICHAEL BRANDMAN ASSOCIATES
Thomas E. Smith, Jr.VAr
Principal
Attachment
P:\09030018.710
Michael E. Houlihan, AICP
Senior Project Manager
Project File:
Mitigation Measure:
DIAMOND BAR TRACT 47850
MITIGATION MONITORING PROGRAM
REPORTING AND IMPLEMENTATION FORM
a
Phase: #
Location: Onsite Offsite
Impact Issue: Natural Landforms Hydrology and Water Quality
Noise Climate and Air Quality
Traffic and Circulation Biological Resources
Aesthetic and Visual Archaeological Resources
Resources
Public Services
Description of Activity/Method of Implementation:
Disposition: Mitigation measure for the above -noted project phase implemented. No
further action is required.
Mitigation measure for the above -noted project- phase is not fully
implemented. Further action required. (Please explain below)
The mitigation measure for the above -noted project phase is not in
compliance. Further action required. (Please explain below)
Comments/Revisions:
Completed by: Approved by:
Name:
Name:
Title:
Title:
Date:
Date:
CITY OF DIAMOND BAR
AGENDA REPORT
AGENDA NO.
TO: Terrence L. Belanger, City Manager
MEETING DATE: August 6, 1996
FROM: George A. Wentz, City Engineer PORT DATE: July 31, 1996
TITLE: Vesting Tentative Tract Map 51169 - Conditions of Approval
SUMMARY: The applicant for previously approved Vesting Tentative Tract Map 51169 has
asked for a waiver of the condition related to requiring the installation of a reclaimed water
system.
RECOMMENDATION: That the City Council approve Resolution No. 96 -XX to delete
condition number 41 of Resolution No. 94-53 requiring the subdivider to install main and service
lines for delivering reclaimed water.
LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification
X Resolution — Bid SpeCification (oa file in City Clerk's Office)
— Ordinances(s) _ Other:
EXTERNAL DISTRIBUTION:
SUB
g
1 •
Has the resolution, ordinance or agreement been reviewed
by the City Attorney?
X Yes _ No
2.
3
Does the report require a majority or 4/5 vole?
Has
Majority
•
4•
environmental impact been assessed?
Has the report been reviewed by
N/A — Yes _ No
a Commission?
Which Commission?
N/A —Yes _ No
5 •
Are other departments affected by the report?
Report discussed with the following affected
X Yes _ No
departments:
Planning Department
REVIEWED BY:
/i
Ten ce L. Belan Frank M. Usher
City ManagerG rge A
Assistant City Manager Cit En i
g
c:\wp60\LINDAKAY\AGEN-961 VTT51169.V/TR
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: August 8, 1996
TO: Honorable Mayor and Members of the City Council
FROM: George A. Wentz, City Engineer
SUBJECT: Vesting Tentative Tract Map No. 51169 - Conditions of Approval
ISSUE STATEMENT
The subdivider is requesting a waiver of the condition related to supplying reclaimed water in the
approved subdivision.
RECOMMENDATION
It is recommended that the City Council approve Resolution No. 96 -XX to delete condition number 41
of Resolution No. 94-53 requiring the subdivider to install main and service lines for delivering
reclaimed water.
BACKGROUND/DISCUSSION
Vesting Tentative Tract Map No. 51169 is a 13 unit subdivision located on 20 Acres in "The Country"
at the end of Blaze Trail Drive. The City Council approved the Vesting Tentative Tract Map on
November 15, 1994 with certain conditions of approval.
The subdivider is in the process of completing all of the conditions related to his map. As part of that
process, he has contacted the Walnut Valley water district related to the installation of a reclaimed water
system as required by condition number 41 in the original Conditions of Approval. The water district
is very pointed in stating that they will not supply reclaimed water to this subdivision. A copy of the
most recent correspondence from the water district is attached.
Although this issue was identified at the time the project was approved, the City placed this condition
on the tract, in the event that there was a change in policy at the water district in the interim. Since
the cost of installing such a dual system is significant, the subdivider is now requesting that this
condition be waived, based on the water district's position that reclaimed water will not be provided for
his subdivision.
Staff has reviewed the request and discussed the matter with the water district. They have restated that
they will not provide reclaimed water to any developments in excess of 850 feet above sea level. The
lowest pad elevation for this tract is 1002 feet. Based on this information, staff agrees with the request
that this condition be waived.
C AWP60\LINDAKAY\CCR-96\VT x51169. WTR
STAFF: Re: Recycled Water Delivery Policy
Edmund M. Biederman
General
Secretary
Manager It has been brought to our attention that there may be some confusion with regard to the
Norman R. Miyake advisability of having a recycled water delivery system in a residential development.
Treasurer
LEGAL COUNSEL: You may recall from previous correspondence that it is the District's policy to encourage the
H. Jess Senecal use of recycled water wherever possible. However, because of the need for mandated
monitoring requirements placed on its use by various governing statutes, our District has
elected not to provide recycled water to individual residential home sites. On the other hand,
in order to meet these mandated monitoring requirements, commercial and institutional
developments having parallel systems installed are required to have a recycled water site
supervisor who is trained in the do's and don'ts of recycled water use, making these kinds of
developments more viable for recycled water use.
Even more important in the process of deciding whether or not to require recycled water use
are hydraulic considerations, construction constraints, and future availability factors known
only to our District. Owing to the configuration of our District - a valley surrounded by
rolling hills - at the present time it is economically prohibitive for us to attempt to serve
recycled water to properties having an elevation in excess of 850 feet above mean sea level.
We continue to believe that it would be best for all concerned if our District had the
opportunity to review each new development presented to the City. This would allow us to
determine, based on availability and delivery problems, whether or not the development could
or should be required to install a dual distribution system which would allow the use of
recycled water. We would welcome an opportunity to meet with you to discuss this option
and formulate a procedure so that the future use of recycled water is maximized in the City of
Diamond Bar.
Very truly yours,
WALNUT VALLEY WATER DISTRICT
BRYAN LEWIS
Director of Planning and Projects
BL:ja
Enclosures
C:\1-DATA\ENG\WNTZ.SAM
OT Vq
WALNUT VALLEY WATER DISTRICT
BOARD OF DIRECTORS
------------
271 South Brea Canyon Road • P.O. Box 508
William G. Wentworth
Walnut California 91789-3002 • (909) 595-1268 (818) 964-6551
President
Election Division I
FAX (909) 594-9532
p,S-(Q`
Donald L. Nettles
Vice President
May 23, 1996
Election Division IV
Richard C. Engdahl
Vice President
Mr. George Wentz
Election Division II
City Of Diamond Bar X96
Keith K. Gunn
Assistant Treasurer
21660 E Copley
P Y Drive, Suite 100
Election Division v
Diamond Bar, California 91765
Edward N. Layton
Director
Election Division III
Dear Mr. Wentz:
STAFF: Re: Recycled Water Delivery Policy
Edmund M. Biederman
General
Secretary
Manager It has been brought to our attention that there may be some confusion with regard to the
Norman R. Miyake advisability of having a recycled water delivery system in a residential development.
Treasurer
LEGAL COUNSEL: You may recall from previous correspondence that it is the District's policy to encourage the
H. Jess Senecal use of recycled water wherever possible. However, because of the need for mandated
monitoring requirements placed on its use by various governing statutes, our District has
elected not to provide recycled water to individual residential home sites. On the other hand,
in order to meet these mandated monitoring requirements, commercial and institutional
developments having parallel systems installed are required to have a recycled water site
supervisor who is trained in the do's and don'ts of recycled water use, making these kinds of
developments more viable for recycled water use.
Even more important in the process of deciding whether or not to require recycled water use
are hydraulic considerations, construction constraints, and future availability factors known
only to our District. Owing to the configuration of our District - a valley surrounded by
rolling hills - at the present time it is economically prohibitive for us to attempt to serve
recycled water to properties having an elevation in excess of 850 feet above mean sea level.
We continue to believe that it would be best for all concerned if our District had the
opportunity to review each new development presented to the City. This would allow us to
determine, based on availability and delivery problems, whether or not the development could
or should be required to install a dual distribution system which would allow the use of
recycled water. We would welcome an opportunity to meet with you to discuss this option
and formulate a procedure so that the future use of recycled water is maximized in the City of
Diamond Bar.
Very truly yours,
WALNUT VALLEY WATER DISTRICT
BRYAN LEWIS
Director of Planning and Projects
BL:ja
Enclosures
C:\1-DATA\ENG\WNTZ.SAM
RESOLUTION NO. 94-53
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR, CALIFORNIA CERTIFYING ENVIRONMENTAL
IMPACT REPORT NO. 92-2 AND APPROVING VESTING
TENTATIVE TRACT MAP NO. 51169, FOR A PROJECT
LOCATED IN NORTHERN TONNER CANYON, WI1IHN SEA NO.
15, SOUTHERLY AND EASTERLY OF BLAZE TRAEL DRIVE, IN
DIAMOND BAR, CALIFORNIA, AND MAE3NG FINDINGS IN
SUPPORT THEREOF.
(i) Hunsaker and Associates, acting as authorized agent for the applicant,
Unionwide, Inc., 2130 Rockridge Court, Fullerton, California, has heretofore filed an appli-
cation for certification of a Environmental Impact Report No. 92-2 (SCH NO. 92121069) and
Hillside Management and Significant Ecological Area Conditional Use Permit No. 92-3 and
Oak Tree Permit No. 92-3, as described in the title of this Resolution, hereinafter referred to
as "the application'.
(ii) On April 18, 1989, the City of Diamond Bar was established as a duly
organized municipal corporation of the State of California. On said date, pursuant to the
requirements of the California Government Code Section 57376, Title 21 and 22, the City
Council of the City of Diamond Bar by adopting its Ordinance No. 14, thereby adopted the
Los Angeles County Code as the ordinances of the City of Diamond Bar. Title 21 and 22 of
the Los Angeles County Code contains the Development Code of the County of Los Angeles
now currently applicable to development applications, including the subject application, within
the City of Diamond Bar.
(iii) The City of Diamond Bar lacks an operative General Plan. Action was
taken on this application, as to consistency to the proposed General Plan, pursuant to the terms
and provisions of an Office of Planning and Research Extension of Time granted pursuant to
California Government Code Section 65360 and 65361(a).
(iv) On November 1, 1994, the City Council of the City of Diamond Bar
conducted a duly noticed public hearing on the application and concluded said public hearing
on that date.
(v) All legal prerequisites to the adoption of this Resolution have occurred.
B. Resolution.
NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of
Diamond Bar as follows:
EXHIBIT "B-2"
34. Intersection line of sight designs shall be submitted to the City Engineer for approval.
35. The Subdivider shall contribute $6,500 toward the installation of a traffic signal at
intersection of Diamond Bar Boulevard and Shadow Canyon Drive prior to approval of
the final map.
36. The Subdivider shall contribute $2,000 toward the construction of sidewalks along the
east side of Diamond Bar Boulevard, southerly of Shadow Canyon, across from the
Country Hills Shopping Center prior to approval of the final map.
37. Subdivider shall provide separate underground utility services to each lot, including
water, gas, electric power, telephone, and cable TV, in accordance with the respective
utility company standards. Easements shall be provided as required by utility
companies and approved by the City Engineer.
38. Applicant shall relocate existing utilities as necessary. Facilities within that easement
owned by General Telephone shall be relocated as necessary to allow telephone
company to relinquish its easement. Subdivider shall, at it's own expense, cause
telephone company to relinquish this easement.
39. Easements, satisfactory to the City Engineer and the utility companies, for public utility
and public services purposes shall be offered and shown on the final map for dedication
to the City.
40. Prior to submittal of the final map, written certifications shall be submitted to the City
Engineers from Walnut Valley Water District, GTE, SCE, SCG and Jones Intercable
stating that adequate facilities are or will be, prior to issuance of building permits,
available to serve the proposed project and they have no objection to recording of the
map.
41. Subdivider shall install main and service lines capable of delivering reclaimed water to
those portions of the subdivision which are designated as areas for which the HOA is
responsible for irrigation and/or landscape maintenance. *The system shall be designed
to the specifications of the Walnut Valley Water District and satisfaction of the City
Engineer. As a reclaimed water supply is not currently available at the site, the design
shall provide for switchover from domestic service to reclaimed service at such time as
it is available.
42. After the final map records, the Subdivider shall submit to the Engineering Department,
at no cost to the City, a full size reproducible copy of the recorded map. Final
approval of the public improvements will not be given until the copy of the recorded
map is received by the Engineering Department.
m 9
RESOLUTION NO. 96-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR AMENDING CERTAIN CONDITIONS OF APPROVAL FOR VESTING
TENTATIVE TRACT MAP NO. 51169
A. RECITALS.
(i) This matter was brought to the city Council by
the subdivider related to the previously approved conditions of
approval contained in Resolution No. 94-53.
(ii) Based on current policy of the Walnut Valley
Water District, recycled water service will not be made available
to this tract.
B. RESOLUTION.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
1.
Said
action is consistent with'the
Subdivision
Map Act.
2.
This
City Council finds that the
installation of
main and
service lines capable of delivering unclaimed water to the proposed
subdivision places an undue burden on the subdivider.
3. Condition No. 41 of Exhibit B-2 in the Engineering
Requirements contained within Resolution No. 94-53 previously
approved by the City Council on November 15, 1994 is hereby
deleted.
4. All other terms and conditions of Resolution No. 94-53
remain unchanged.
5. The City Council of the City of Diamond Bar hereby
authorize and direct the City Clerk to (a) certify to the adoption
of this Resolution, and (b) forthwith transmit a certified copy of
this Resolution by certified mail, return receipt requested, to the
Subdivider at its address per City records.
PASSED, APPROVED and ADOPTED this day of , 1996
MAYOR
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do
hereby certify that the foregoing Resolution was passed, 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:
City Clerk, City of Dianord Bar
RESOLUTION NO. 96-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR AMENDING CERTAIN CONDITIONS OF APPROVAL FOR VESTING
TENTATIVE TRACT MAP NO. 51169
A. RECITALS.
(i) This matter was brought to the city Council by
the subdivider related to the previously approved conditions of
approval contained in Resolution No. 94-53.
(ii) Based on current policy of the Walnut Valley
Water District, recycled water service will not be made available
to this tract.
B. RESOLUTION.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
1. Said action is consistent with the Subdivision Map Act.
2. This City Council finds that the installation of main and
service lines capable of delivering unclaimed water to the proposed
subdivision places an undue burden on the subdivider.
3. Condition No. 41 of Exhibit B-2 in the Engineering
Requirements contained within Resolution No. 94-53 previously
approved by the City Council on November 15, 1994 is hereby
deleted.
4. All other terms and conditions of Resolution No. 94-53
remain unchanged.
5. The City Council of the City of Diamond Bar hereby
authorize and direct the City Clerk to (a) certify to the adoption
- of this Resolution, and (b) forthwith transmit a certified copy of
this Resolution by certified mail, return receipt requested, to the
Subdivider at its address per City records.
PASSED,, APPROVED and ADOPTED this day of , 1996
MAYOR
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do
hereby certify that the foregoing Resolution was passed, 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:
City Clerk, City of Dimrxl Bar
We've got
the music...
all summer
long!
Concerts in the Park
Summer Lineup
June 26
Mid West Coast Band
(Top 40 contemporary)
July 3
Norm Major Orchestra
(Patriotic music)
July 10
Dixie Kings
(Dixieland)
July 17
Mike Henebry Orchestra
(Swing era big band)
July 24
Doo-Wah
(Country/western)
July 31
Film at Eleven
(Classic 60' and 70's)
August 7
Susie Hansen Band
(Latin jazz)
August 14
Rock-a-diles
(50')
August 21
Pandemonium
(Calypso -steel drum)
Call (909) 396-569S
for more information.
di
City of Diamond Bar • California
1 -888 -777 -CITY
COVARr skeet
Date: 7 - / c / - `I G
Time: /l `-,/0
No. of Pages: (including cover sheet
Company:
Phone:
FAX:
0 FROM: /U1 cc -
Department:
Phone:
FAX:
Comments:
l% &I v� v s l ,�9 6
City of Diamond Bar
21660 E. Copley Drive, Suite 100
Diamond Bar, CA 91765-4177
909-860-2489 • 909-861-3117 (FA)q
Internet: http://www.d.diamond-bar.ca.us
ATTN: NANCY LEGALS ATTN: JOY NELSON
PLEASE PUBLISH ON ---------------------
IF ANY QUESTIONS Please Contact:
Tommye, City of Diamond Bar (909) 396-5681
CITY OF DIAMOND BAR
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN BY THE CITY OF DIAMOND BAR that public hearings will
be conducted by the City Council on the following items:.
Vesting Tentative Tract Map 51169 - Conditions of Approval. Request to waiver the condition
related to requiring the installation of a reclaimed water system.
Applicant & Property Owner: Jerry Yeh, Unionwide
If you are unable to attend the public hearing, but wish to send written comments, please write to
the Public Works Department at the address given below. You may also obtain additional
information concerning this case by phoning (909) 396-5671.
If you challenge this application and project in court, you may be limited to raising only those
issues you or someone else raised , by written correspondence concerning the project as described in
this notice, delivered to the City Engineer.
DATE & TIME OF PUBLIC HEARING: Tuesday, September 3, 1996 7:00 p.m.
LOCATION OF HEARINGS: South Coast Air Quality Management District Auditorium
21865 E. Copley Dr.,
Diamond Bar, California 91765
If you oppose this granting of this change, you must file a written protest to the Diamond Bar
Public Works Department at the address below. You may also obtain additional information
concerning this case by phoning (909) 396-5671.
CASE MATERIALS: Are available for review during regular office hours at the Public Works
Department, 21660 Copley Drive, Suite 190, Diamond Bar, California, 91765.
Dated: August 14, 1996 /s/ Lynda Burgess
Lynda Burgess
Publish Date: August 19, 1996 City Clerk
HP OfficeJet LX Fax Log Report for
Personal Printer/Fax/Copier City of Diamond Bar, CA
909-861-3117
Aug -14-96 11:41
Automatic Log
Identificati Result Pages Jyym Date Time Duration Diagnostic
Daily Bulletin OK 02/02 Sent Aug -14 11:38 00:00:43 002462030022
Tribune OK 02/02 Sent Aug -14 11:40 00:00:45 002562030022
7.3.0
City of Diamond Bar
21660 E. Copley Drive, Suite 100 • Diamond Bar, CA 91765-4177
(909) 860-2489 • Fax: (909) 861-3117
Internet: http://www.ci.diamond-bar.ca.us
August 16, 1996
Dear Diamond Bar Residents/Property Owners:
The Department of Public Works would like to inform you that a public
hearing will be conducted by the City Council of Diamond Bar on the
Vesting Tentative Tract Map 51169 - Conditions of Approval. The
applicant/owner has requested to waiver the condition related to requiring the
installation of a reclaimed water system.
The City Council will be making a determination regarding the waiver of
the reclaimed water system on Tuesday, September 3, 1996 at 7:00 p.m.
The meeting will be held at the South Coast Air Quality Management
District (SCAQMD) Auditorium, 21865 East Copley Drive, Diamond Bar.
You are invited to attend the meeting to express your concerns. If you
oppose this granting of this change, you must file a written protest to the
Diamond Bar Public Works Department. If you are unable to attend the
Eileen R. Ansari
public hearing, but wish to send written comments, please write to the
Mayor
Public Works Department at 21660 East Copley Drive, Diamond Bar 91765-
4177. If you have any questions in the meantime, please contact Ms. Rose
Robert Huff
Manela, Assistant Engineer, at (909) 396-5671.
Mayor Pro Tem
Clair W. Harmony
Sincerely,
Council Member
Carol Herrera
`^G�
Council Member
David G. Liu, P. E.
Gary H. Werner
Deputy Director of Public Works
Council Member
DGL:ls
C: \ WP60\LMAKAY\LT-96\51169NOTC.816
Recycled paper
,✓�LINDAKAY\LABELS\
DEV LLC GLOBAL
CHRISTOPHER K. LI
,gNOTC.903
P. O. BOX 756
1701 VINE STREET
WILMINGTON CA 90748
ALHAMBRA CA 91801
LINBROOK TICE INC.
L O TICE
IVY LIU
1656 S, ST. COLLEGE BLVD.
1 S OL LVD.
2638 BLAZE TRAIL,
ANAHEIM CA 92806
DIAMOND BAR CA 91765
BOY SCOUTS OF AMERICA
DIAMOND BAR COUNTRY ESTATES
CHIA LIN & MARY C WANG
LA AREA COUNCIL
ASSOCIATION
19834 HIDDEN TRAIL PLACE
2333 S. SCOUT WAY
22615 LAZY MEADOW DRIVE
WALNUT CA 91789
LOS ANGELES CA 90026
DIAMOND BAR CA 91765
SYED M. & RIZWANA B. HUSSAIN
CECIL L. & BEATRICE L. McMILLAN
ABID JAVAID
2625 BLAZE TRAIL
2626 BLAZE TRAIL
2648 BLAZE TRAIL
DIAMOND BAR CA 91765-3212
DIAMOND BAR CA 91765
DIAMOND BAR CA 91765 -3211
RUDOLPH GAYTAN KISHIO K. HARADA DAVID K. GIH
2649 BLAZE TRAIL 2658 BLAZE TRAIL 2671 BLAZE TRAIL
DIAMOND BAR CA 91765 DIAMOND BAR CA 91765 DIAMOND BAR CA 91765
ROCKY PATETTA D1PAK M. DOSHI APPLICANT
1656 S. STATE COLLEGE BLVD. 2637 BLAZE TRIAL UNION WIDE, INC.
ANAHEIM CA 92806 DIAMOND BAR CA 91765 671 BREA CANYON 43
WALNUT CA 91789
HUNSAKER & ASSOCIATES
10179 HUENNEKENS STREET
SAN DIEGO CA 92121
- LEGAIA -
from Marilyn Ortiz, Diamond Bar Planning (909) 396-5676
NOTICE OF
PUBLIC HEARING
NOTICE IS HEREBY GIVEN BY THE CITY OF DIAMOND BAR that the City Council will
conduct a public hearing on the following item to determine whether or not
the subject request shall be approved under the provisions of State law and
the City of Diamond Bar's Zoning Code:
Variance No. 96-1, (pursuant Chapter 22.60 - Part 5), is a request
appealing the Planning Commission's decision of denial for a second wall
sign, approximately 32.5 square feet in area, on the north side of a
building which the applicant occupies.
PROJECT ADDRESS: 1370 Valley Vista Drive, Diamond Bar, CA 91765
PROPERTY OWNER: Trammell Crow, 18529 E. Gale Ave., Industry, CA 91748
APPLICANT: University of Phoenix, 4615 E. Elwood, Phoenix, Az. 85072
Environmental Determination: Pursuant to the provisions of the
California Environmental Quality Act (CEQA), the City has determined
that this project is Categorically Exempt, pursuant to § 15311 (a).
If you are unable to attend the public hearing, but wish to send written
comments, please write to the Diamond Bar Community Development Department at
the address given below. You may also obtain additional information
concerning this case by phoning (909) 396-5676.
If you challenge this application and project in court, you may be limited to
raising only those issues you or someone else raised at the public hearing
described in this notice, or in written correspondence delivered to the City
Clerk at, or prior to, the public hearing.
TIME OF HEARING: 7:00 p.m.
DATE OF PUBLIC HEARING: Tuesday, September 3, 1996
LOCATION: South Coast Air Quality Management District
Auditorium
21865 E. Copley Drive
Diamond Bar, California 91765
CASE MATERIALS: Are available for review between 8:00 a.m. and 3:00 p.m. at
the City of Diamond Bar Community Development Department, 21660 Copley Drive,
Suite 190, Diamond Bar, CA 91765.
HP OfficeJet LX
Personal Printer/Fax/Copier
Automatic Log
Identification Result
Daily Bulletin OK
Tribune OK
7.2.0
Fax Log Report for
City of Diamond Bar, CA
909-861-3117
Aug -05-96 10:30
PagesTvne Date Time Duration Dia ng ostic
02/02 Sent Aug -05 10:27 00:00:49 002562030022
02/02 Sent Aug -05 10:29 00:00:50 002562030022
CASH RECEIPT
CITY OF DIAMOND BAR
21660 E. Copley Dr., Ste. 100 & 190
Diamond Bar, CA 91765
909-860-2489 909-860-3195
Receipt #o ,2a oa
Received from: ✓0(
Description:
Date:
Revenue Description
Acct #
Building Permits
001-3411
Plumbing Permits
001-3412
Electrical Permits
001-3413
Mechanical Permits
001-3414
Bldg. Permit Iss. Fees
001-3420
Bldg.Plan Check Fees
001-3430
SMIP Fees
001-3435
Engr. Plan Check Fees
001-3461
Engr. Permit Fees
001-3462
Engr. Inspection Fees
001-3464
Planning -Environmental
001-3441
Current Planning Fees
001-3443
Sale of Printed Material
001-3635
Contract Classes
001 -3478 -
Transit Subsidy
112-3485
Impound Fees
001 -3225 -
Deposits
001-2300
RECEIVED DY-'--'' TOTAL RECEIVED I�
Cash Check tnanoo
Other
White - CustarerCanary - DepenmernPink a Goldenrod -
Apollo Education Corporation
The University of Phoenix, Inc.
The Institute for Professional Development, Inc.
Apollo Development Corporation
A:�0-0 Apollo Press, Inc.
July 23, 1996/ C/
, 4� W,��
t
Lynda Burgess _
City Clerk
City of Diamond Bar L
21660 East Copley Drive, Suite 190 -a
Diamond Bar, CA 91765 c
c�a
Re: Appeal of denial of Request for Variance No. 96.1 Cn
Dear Ms. Burgess:
The University of Phoenix wishes to appeal the denial of it's request for variance which occurred
at the July 22, 1996 Diamond Bar Planning Commission meeting.
Please register this appeal for the first available City Council agenda and please send all notices
and correspondence to:
Robert M. McNichols, President
Apollo development Corporation
Authorized Agent for
The University of Phoenix
4615 East Elwood Street
P.O. Box 52069
Phoenix, AZZ 85072-2069
(602) 966-5394
Sincerely,
<'�� a, 17;3P.
Robert M. McNichols, President
APOLLO DEVELOPMENT CORPORATION
RMM\bb
0 APOLLO GROUP, INC
4615 East Elwood Stree, P O. Box 52069 Phoenix, Arizona 85072-2069 602966-5394
APOLLO
10 GROUP, INC. 4615 East Elwood Sheet
Sox 52069 • Proem, Atom 85072 2069
}
nm
PB MITER
10,18594
Lynda Burgess
City Clerk
City of Diamond Bar
'1660 Ease Cole Drive, Suite 190
Diamond Bar, CA 91765
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li t iF l t.iiiili it: I 1111171�S�S111 ilfik�llitlllli�fl 'ff��ill�
July 25, 1996
Lynda Burgess
City Clerk
City of Diamond Bar
21660 East Copley Drive, Suite 190
Diamond Bar, CA 91765
Re: Appeal of denial of Request for Variance No. 96.1
Dear Ms. Burgess:
Apollo Education Corporation
The University of Phoenix, Inc.
The Institute for Professional Development, Inc.
Apollo Development Corporation
Apollo Press, Inc.
C-)
CD
ry
Per our phone conversation yesterday, you will find enclosed a copy of the letter mailed to you
on July 23, 1996 and a check in the amount of $500.00 to begin the appeal process.
Thank you for your assistance in this matter.
Very truly yours,
Barbara Bausch
Assistant to
Robert M. McNichols, President
Enclosures: 2
6-0
APOLLO GROUP, INC 4615 East Elwood Street P.O Box 52069 Phoenix, Arizona 85072-2069 602966-5394
jllo�
':'I LO GROUP, IN:. 1615 Ewt EW-oodSt�t
52069 - Phoenk, Adz(.�na &5072-2069
ad
L 2 7.9 2 9
U "j!TFR1
Lynda Burgess
City Clerk
(-"tY of I)i-InIond Bar
1660 Fast Copley Drive, Suite Igo
Diamond Bar, CA 91765
SOUTHERN CALIFORNIA
ASSOCIATION of
GOVERNMENTS
818 West Seventh Street
12th Floor
Los Angeles, California
90017-3435
t (213) 236.180o
f (213) 236. 1825
www.scag.ca.gov
Ofc"" • President: Mayor Pro Tem Dick Kelly.
Palm Desert • First Vice President: Supervisor
Yvonne Brathwaite Burke, Los Angeles County -
Second Vice President: Mayor Bob Bardett.
City of Monrovia • Immediate Past President.
Supervisor Bob Buster, Riverside
Conany ofLoperlal: Sam Sharp, Imperial County
• David Dhillon. E] Centro
County of I.as Angeles: Yvonne Brathwatte Burke.
Los Angeles County • Richard Alarcon, Los Angeles
• Richard Alamtre, Los Angeles • Eileen Aosari,
Diamond Bar • Bob Bartlett, Monrovia • George
Bass, Bell • Ha] Bernson, Los Angeles • Sue Bauer.
Glendora • Marvin Braude, Los Angeles • Robert
Bruesch, Rosemead • Dura Chick, los Angeles
John Crawley, Cerritos - Joe Dawidnak, Redondo
Beach • Doug Drummond, Long Beach • John
Fenno. Los Angeles • Michad Feuer, Los Angeles
Katyn Foley. Calais— • Ruth G.1—. Los Angeles
• Ed— Givens, Glendale • Jackie Goidberg, Los
Angels • Garland Hardeman, Inglewood • Mike
Hernandez, Los Angeles • Nate Holden, Lex
Angeles • Abbe Land, West Hollywood • Barbara
M—.Alhambra- David Myers, Palmdale
George Nakano, Torrance • Jenny Op—. Long
Beach • Beatrice Proo. Pim Rivera • Mark Ridley
-
Themas, los Angeles • Richard Riordan, Los
Angeles - Albert Robles, South Gale - Matcne
Shaw, Compton • Ray Smith, BelNower • Rudy
Svorinich, Los Angeles • Joel Wachs, Los Angeles
Rin Walters, Los Angeles • Judy Wnghs, Claremont
• Paul Zee, South Pasadena
County of Orange: Marian Bergeson, Orange
County • Ron Rates. Los Alansitos • Art Brown,
Buena Ark - Jan Debay, Newport Beach - Richard
Dixon, Lake Forest • Sandra Gerais, Costa Mesa
Candace Haggard. San Clemente • Be, Perry, Brea
County of Riverside: Bob Buster, Riverside
County - Dermis Draeger. Calimesa - Dick Kelly,
Palm Dessert • Ron Loveridge, Riverside • Ron
Roberts.Temecula
County of Ban Bernardino: fury Walker, San
Bernardino County • Jim Bagley, Twentynlne Alms
• Deirdre Bennea, Colton • David Eshleman,
Fontana • Tom Minor. San Bernardino • Govern
Nonan -Perry, Chino Hills - Robert Nolan, Upland
County of Ventura: Judy Mikeh, Ventura County -
Andrew Fox,Thousand Oaks • Stas Daily, Camarillo
• John Melton, Saran Rule
Is Printed— Recycled Paper 4/96
July 1, 1996
Dear City Manager:
The Legislative Subcommittee of the Southern California
Association of Governments (tSCAG) will be sponsoring a
"California First" Congressional Leadership Summit en August
19, 1996 in Los Angeles. The purpose of the Summit is to bring
together Southern California's congressional delegation to discuss
issues affecting our region, and to stress the importance of unity
and bipartisanship.
The planning of a successful Congressional Leadership Summit
will involve a lot of hard work, including diligent outreach, a
meaningful program, and more importantly, support from
government leaders. Your city has been invited to become
active participant in this effort. Your help in the preparation of
this event is very important, and will be greatly appreciated. We
have requested that your mayor present the attached sample
resolution to your city council to endorse the Congressional
Leadership Summit. In addition, we have asked your mayor to
send a cover letter (sample letter attached) to your Federal
Representative(s) inviting them to the Summit, and notifying them
that more information is forthcoming. Also attached, for your
information and use, is an address list of Legislative Contacts.
We thank you in advance for your commitment to be part of this
important event. As a city manager, the support of your city in
contacting your federal representative(s) will ensure a successful
Congressional Leadership Summit for Southern California.
Please ensure that a copy of the letter and adopted Resolution is
sent to SCAG's Government and Public Affairs Department. If
you have questions regarding any of these requests, please feel free
to contact Barbara Dove at (213) 236-1861.
Thank you for your support and leadership.
Sincerely,
(ICLK+KE LY
President
Mayor Pro Tempore, City of Palm Desert
Attachments
CALIFORNIA 1" A LEADERSHIP
SUMMIT MEETING PROGRAM
Monday, August 19, 1996
Southem California Association of Govemments
Downtown Los Angeles
(Tentative)
10:00 - 10:15 a.m. Welcome and Introductions Hon. Richard S. Kelly
Councilmember,
City of Palm Desert
President, SCAG
Hon. Gwenn Norton -Perry
Councilmember,
City of Chino Hills
Chair,
SCAG Legislative Subcommittee
10:15 - 10:30 a.m. Presentation of SCAG
Hon. Ronald Bates
Position Paper
Councilmember,
City of Los Alamitos
Member,
SCAG Regional Council
10:30 - 11:30 a.m. Delegation
Participating
Responses/Presentations
Congressional Delegates
11:30 - 12:00p.m. Full Delegation Press
Hon. Hal Bernson
Conference -"TOAST TO
Councilmember,
CALIFORNIA"
City of Los Angeles
Chair,
SCAG Standing Committee
on Implementation
August 19, 1996
CALIFORNIA 1ST - A LEADERSHIP SUMMIT
Southern California's Congressional Delegation Is Invited To
Speak On:
• Regional Unity - The need for the spirit of delegation unity is urgent. Past
efforts at unification have not proven effective. When California's
delegation stands united and works in a bipartisan manner, all of California
benefits.
• Economy - The Los Angeles urban core and the surrounding suburbs and
cities throughout the region must recognize their interdependence and
work together to build a strong regional economy. The suburban areas and
the central city cannot exist in isolation; only through cooperative efforts
will the regional economy yield rewards for everyone.
• Transportation - The region must play a proactive role in the
reauthorization of the Intermodal Surface Transportation Efficiency Act
(ISTEA). Future transportation projects to improve air quality and reduce
congestion will play a critical part in the future success of the region.
• No More Military Base Closures - The region must continue to remain
solidly united to forestall possible further military installation closures. The
past decisions to close several military bases in Southern California must
not continue to be unfairly placed on the shoulders of the region.
• Alameda Corridor - Ensuring that there will be full funding to construct
the economically vital Alameda Corridor is an ongoing task. We must
continue to work together to ensure that the most important intermodal
goods movement project in California, and the possibly the nation, is
constructed.
• Realizing NAFTA's Potential - Now that the North American Free Trade
Agreement (NAFTA) is a reality, cooperative efforts must continue to
ensure that its benefits are fully implemented and realized. Without a
united voice and statewide support, individual NAFTA efforts may be
sporadic and short-lived.
SCAG MISSION STATEMENT
"To enhance the quality of life of all Southern Californians by working in
partnership with all levels of government, the business sector, and the
community at large to meet regional challenges and to resolve regional
differences."
SAMPLE RESOLUTION FOR CITIES/COUNTIES
RESOLUTION
of the
[County of / City of _]
WHEREAS, the Southern California Association of Governments (SLAG) is a
Joint Powers Agency (JPA) established pursuant to Sections 6502 et seq. of the California
Government Code; and
WHEREAS, SCAG is the designated Metropolitan Planning Organization (MPO)
for the counties of Imperial, Los Angeles, Orange, Riverside, San Bernardino, and Ventura; and
WHEREAS, SCAG's mission is to work with local, state, and federal
jurisdictions, the business sector, and the community at large to enhance the quality of life for
all Southern Californians to meet regional challenges and to resolve regional differences; and
WHEREAS, the Southern California region of 15 million people has numerous
issues of critical concern which can only be successfully resolved when our congressional
delegation works together in a bipartisan manner and in a unified way; and
THEREFORE BE IT RESOLVED, that, SCAG has invited every Congress
Member from Southern California to attend a Congressional Leadership Summit, "California
First," which will be held at SCAG on August 19, 1996 to foster unity in the Southern
California delegation on issues affecting Southern California; and
BE IT FURTHER RESOLVED, that, we, the [County of / City of
recognize the significance of this event and endorse the "California First" Congressional
Leadership Summit, which deserves the participation, involvement, and support of all officials
who have been elected to serve the citizens of Southern California; and
BE IT FINALLY RESOLVED, that, we, the [County of / City of
encourage all of the Southern California Congressional delegation members to attend this
important event.
Attest:
Approved as to form:
SAMPLE LETTER TO FEDERAL LEGISLATORS
The Honorable XYZ
U.S. Senate/House of Representatives
ZYX Office Building
Washington, DC 20xxx
Dear Senator/Representative XYZ:
On August 19, 1996, the Southern California Association of Governments (SCAG) will be
sponsoring a "California First" Congressional Leadership Summit in Los Angeles. The purpose
of the Summit is to enable Federal Legislators to interact with Local Elected Officials of
Southern California to discuss issues of critical concern, and promote "delegation unity" on
Capitol Hill for our State.
[The Board of Supervisors, County of / Council Members, City of ] have approved
a Resolution (attached) to support SCAG in its efforts to host the "California First"
Congressional Leadership Summit. We request your personal commitment to join us at the
Summit. Your attendance will ensure a proper forum to address issues affecting the Southern
California Region.
Invitations are also being extended to your legislative colleagues to encourage and confirm their
participation. More detailed information is forthcoming.
We thank you in advance for your support and leadership. Please RSVP to Barbara Dove at
(213) 236-1861.
Sincerely,
NAME
Chair, Board of Supervisors
County of OR Chair, Council, City of
Attachment
cc: Board of Supervisors OR Council, City of
Southern California Association of Governments
FEDERAL LEGISLATIVE CONTACTS
The Honorable Diane Feinstein
U.S. Senate
331 Hart Office Building
Washington, DC 20510
(202) 224-3841
FAX: (202) 228-3954
Mike McGill, Chief of Staff
District Ofc: (310) 914-7300
Bill Chandler, State Director
The Honorable Xavier Becerra
U.S. House of Representatives
1119 Longworth House Office Bldg.
Washington, DC 20515
(202) 225-6235
FAX: (202) 225-2202
Krista Atteberry, Administrative Asst.
District Ofc: (213) 550-8962
Henry Lozano, Administrative Asst.
The Honorable Anthony Beilenson
U.S. House of Representatives
2465 Rayburn House Office Building
Washington, DC 20515
(202) 225-5911
FAX: (202) 225-0092
Jan Faulstich, Administrative Asst.
District Ofc:.(8.18) 999-1990
Virginia Hatfield, Office Manager
The Honorable Howard Berman
U.S. House of Representatives
2231 Rayburn House Office Building
Washington, DC 20515
(202) 225-4695
FAX: (202) 225-5279
Gene Smith, Chief of Staff
District Ofc: (818) 891-0543
Tom Waldman, Administrative Asst.
The Honorable Barbara Boxer
U.S. Senate
112 Hart Building
Washington, DC 20510
(202) 224-3553
FAX: (415) 956-6701
Karen Olick, Administrative Asst.
District Ofc: (415) 403-0100
Beatrize Rougalski, Dep. Chief of Staff
The Honorable Sonny Bono
U.S. House of Representatives
512 Cannon House Office Building
Washington, D.C. 20515
(202) 225-5330
Fax: (202) 225-2961
Brian Nestande, Chief of Staff
District Ofc: (619) 320-1076
Linda Valter, Regional Director
The Honorable George E. Brown, Jr.
U.S. House of Representatives
2300 Rayburn House Office Building
Washington, DC 20515
(202) 225-6161
Fax: (202) 225-8671
Bill Grady, District Director
District Ofc: (909) 825-2472
Wilmer Carter, District Administrator
The Honorable Ken Calvert
U.S. House of Representatives
1034 Longworth House Office Bldg.
Washington, DC 20515
(202) 225-1986
Fax: (202) 225-2004
Ed Slevin, Administrative Asst.
District Ofc: (909) 784-4300
Sue Miller, District Director
The Honorable C. Christopher Cox
U.S. House of Representatives
2402 Rayburn House Office Building
Washington, DC 20515
(202) 225-5611
FAX: (202) 225-9177
Tom Duesterburg, Chief of Staff
District Ofc: (714) 756-2244
Dina Garland, Staff Assistant
The Honorable Robert K. Dornan
U.S. House of Representatives
1201 Longworth House Office Building
Washington, DC 20515
(202) 225-2965
FAX: (202) 225-2762
Jennifer Larken, Legislative Director
District Ofc: (714) 971-9292
Pat Fanelli, District Administrator
The Honorable Julian Dixon
U.S. House of Representatives
2252 Rayburn, House Office Building
Washington, DC 20515
(202) 225-7084
FAX: (202) 225-4091
Tracy Holmes, Administrative Asst.
District Ofc: (213) 678-5424
Patricia Miller, Administrative Asst.
The Honorable David Dreier
U.S. House of Representatives
411 Cannon House Office Building
Washington, DC 20515
(202) 225-2305
FAX: (202) 225-7018
Brad Smith, Staff Director
District Ofc: (818) 339-9078
Joan Couch, District Manager
The Honorable Elton-Gallegly
U.S. House of Representatives
2441 Rayburn House Office Building
Washington, DC 20515
(202) 225-5811
FAX: (202) 225-1100
Mike Wootton, Administrative Asst.
District Ofc: (805) 485-2300
Paula Sheil, District Director
The Honorable Jane Harman
U.S. House of Representatives
325 Cannon House Office Building
Washington, D.C. 20515
(202) 225-8220
Fax: (202) 226-0684
Mark Kadish, Chief of Staff
District Ofc: (310) 348-8220
Doane Liu, District Director
The Honorable Steve Horn
U.S. House of Representatives
129 Cannon House Office Building
Washington, OC 20515
(202) 225-6676
FAX: (202) 226-1012
Jim Dyskstra, Chief of Staff
District Ofc: (310) 425-1336
Connie Sziebl, District Director
The Honorable Duncan Hunter
U.S. House of Representatives
2265 Rayburn House Office Building
Washington, DC 20515
(202) 225-5672
Fax: (202) 225-0235
Vicki Middleton, Chief of Staff
District Ofc: (619) 579-3001
Wendell Cutting, Chief of Staff
The Honorable Jay Kim
U.S. House of Representatives
435 Cannon House Office Building
Washington, DC 20515
(202) 225-3201
FAX: (202) 226-1485
Matt Reynolds, Chief of Staff
District Ofc: (909) 988-1055
Peter Stevens, District Director
The Honorable Jerry Lewis
U.S House of Representatives
2112 Rayburn House Office Building
Washington, DC 20515
(202) 225-5861
FAX: (202) 225-6498
Arlene Willis,.,Administrative Asst.
District Ofc: (909) 862-6030
Janet Scott, District Director
The Honorable Matthew Martinez
U.S. House of Representatives
2239 Rayburn House Office Building
Washington, DC 20515
(202) 225-5464
FAX: (202) 225-5467
Maxine Grant, Chief of Staff
District Ofc: (818) 458-4524
David Tierney, Senior Field Rep.
The Honorable Juanita McDonald
U.S. House of Representatives
419 Cannon House Office Building
Washington, DC 20515
(202) 225-7924
Fax: (202) 225-7926
Carol Kaplan, Chief of Staff
District Ofc: (310) 549-0537
Phyllis Harris, District Director
The Honorable Howard McKeon
U.S. House of Representatives
307 Cannon House Office Building
Washington, DC 20515
(202) 225-1956
FAX: (202) 226-0683
Bob Cochran, Chief of Staff
District Ofc: (805) 254-2111
Armando Azarloza, District Director
The Honorable Carlos Moorhead
U.S. House of Representatives
2346 Rayburn House Office Building
Washington, DC 20515
(202) 225-4176
FAX: (202) 226-1279
Maxine Dean, Administrative Asst.
District Ofc: (818) 247-8445
Peter Musurlian, District Director
The Honorable Ron Packard
U.S. House of Representatives
2162 Rayburn House Office Building
Washington, DC 20515
(202) 225-3906
FAX: (202) 225-0134
Ray Mock, Administrative Asst.
San Clemente: (714) 496-2343
Mike Eggers, District Representative
The Honorable Dana Rohrabacher
U.S. House of Representatives
2338 Rayburn House Office Building
Washington, DC 20515
(202) 225-2415
FAX: (202) 225-0145
Gary Curran, Chief of Staff
District Ofc: (714) 847-2433
Kathleen Hollingsworth, Dist. Director
The Honorable Lucille Roybal-Allard
U.S. House of Representatives
324 Cannon House Office Building
Washington, DC 20515
(202) 225-1766
FAX: (202) 225-0350
Henry Contreras, Chief of Staff
District Ofc: (213) 628-9230
Yolanda Chavez, District Director
The Honorable Ed Royce
U.S. House of Representatives
1133 Longworth House Office Building
Washington, DC 20515
(202) 225-4111
FAX: (202) 226-0335
Joan Korich, Chief of Staff
District Ofc: (714) 992-8081
Marcia Gilchrist, Administrative Asst.
The Honorable Esteban Torres
U.S. House of Representatives
2368 Rayburn House Office Building
Washington, DC 20515
(202) 225-5256
FAX: (202) 225-9711
Albert Jaquez, Administrative Asst.
District Ofc: (310) 695-0702
Jamie Casso, Chief of Staff
The Honorable Maxine Waters
U.S. House of Representatives
330 Cannon House Office Building
Washington, DC 20515
(202) 225-2201
FAX: (202) 225-7854
Jim Key, Office Manager
District Ofc: (213) 757-8900
Mike Murase, District Director
The Honorable Henry Waxman
U.S. House of Representatives
2408 Rayburn House Office Building
Washington, DC 20515
1202) 225-3976
FAX: (202) 225-4099
Phil Shirilo, Administrative Asst.
District Ofc: (213) 651-1040
Howard Elinson, Administrative Asst.
SAN DIEGO AREA
REPRESENTATIVES
The Honorable Brian Bilbray
U.S. House of Representatives
1004 Longworth House Office
Building
Washington, DC 20515
(202) 225-2040
FAX: (202) 225-2042
John Woddard, ADministrative Asst.
District Ofc: (619) 291-1430
Steve Danon, District Director
The Honorable Bob Filner
U.S. House of Representatives
504 Cannon House Office Building
Washington, DC 20515
(202) 225-8045
FAX: (202) 225-9073
Gary Wenske, Chief of Staff
District Ofc: (619) 422-5963
The Honorable Randy Cunningham
U.S. House of Representatives
227 Cannon House Office Building
Washington, DC 20515
(202) 225-5452
FAX: (202) 225-2558
Frank Collins, Chief of Staff
District Ofc: (619) 737-8438
Kathy Stafford, District Director
You are cordially invited to
attend the
Southern California
CITY OF DIAMOND BAR
AGENDA REPORT
AGENDA NO.',
TO: Terrence L. Belanger, City Manager
MEETING DATE: July 31, 1996 REPORT DATE: August 6, 1996
FROM: Kellee A. Fritzal, Assistant to the City Manager
TITLE: RESOLUTION OF THE CITY OF DIAMOND BAR SETTING FORTH PERSONNEL RULES AND
REGULATIONS REGARDING THE PAYMENT OF SALARIES, SICK LEAVE, VACATIONS,
LEAVES OF ABSENCES, AND OTHER REGULATIONS AND REPEALING RESOLUTION 90-45
THROUGH 90-45K
SUMMARY: At the July 16, 1996, meeting, the Council approved a 1.6% salary increase (CPI/COLA) and $50/month
cafeteria benefit increase to employees. The cost of living increase does not reflect any increase in the
salary amount paid to the City Council Members or the City Manager. The budget currently does not
reflect the cost of living or benefit increase. The cost of the salary and cafeteria benefits is estimated to
be $42,200.
RECOMMENDATION: It is recommended that the City Council approve Resolution 96 -XX, Resolution of the City
of Diamond Bar setting forth personnel rules and regulation regarding the payment of
salaries, sick leave, vacations, leaves of absences, and other regulations and other
regulations and repealing resolutions 90-45 through 90-45K. It is recommended that the
City Council authorized staff to amend the budget accordingly.
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
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?
3. Has environmental impact been assessed?
4. Has the report been reviewed by a Commission?
Which Commission?
MAJORITY
N/A _ Yes —No
Yes —No
Are other departments affected by the report? X Yes —No
Report discussed with the following affected departments: Finance
REVIEWED BY:
Terrence L. Belana Frank M. Usher epee A. Frit
City Manager Assistant City Manager Assistant to the City Manager
RESOLUTION NO. 96 -
RESOLUTION OF THE CITY OF DIAMOND BAR SETTING FORTH PERSONNEL
RULES AND REGULATIONS REGARDING THE PAYMENT OF SALARIES, SICK
LEAVE; VACATIONS, LEAVES OF ABSENCES, AND OTHER REGULATIONS AND
REPEALING RESOLUTIONS 90-45 THROUGH 90-45K.
THE CITY COUNCIL OF THE CITY OF DIAMOND BAR HEREBY RESOLVES,
ORDERS, AND DETERMINES AS FOLLOWS:
WHEREAS, the City Council has determined that it is necessary to the efficient operation
and management of the City that rules and regulations be maintained prescribing sick leave,
vacation, leaves of absences, and other regulations for the employees and officers of the City; and
WHEREAS, it is necessary from time to time to establish comprehensive wage and salary
schedules and to fix the rates of compensation to be paid to officers and employees of the City.
WHEREAS, it is necessary to repeal Resolution 90-45 through 90-45K.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Diamond Bar,
California, as follows:
SECTION 1. COMPREHENSIVE WAGE AND SALARY PLAN
There is hereby established a Comprehensive Wage and Salary Plan for employees of the City of
Diamond Bar. The Comprehensive Wage and Salary Plan is designed to provide for a fair and
efficient framework for the administration of wages and is based upon the recommendations of the
City Manager.
SECTION 2. SALARY SCHEDULE
Pursuant to Ordinance No. 21 (1989), the Diamond Bar City Council hereby establishes the salaries
and the various full-time positions of the City of Diamond Bar. As of the pay period which is paid
on July 12, 1996, the compensation of the various classes of positions shall be as shown on Schedule
A (attached).
SECTION 3. FULL-TIME SALARY SCHEDULE GUIDELINES
New employees shall be ,red at the entry step or any step at the discretion of the City Manager and
must successfully complete a one year probation period. At the end of six months, the employee will
be given a performance evaluation and may be eligible for the next step. Every year thereafter,
employees shall be given a performance evaluation and shall move to each successive step, so long
as the employee's performance is satisfactory or above.
RESOLUTION 96 -
Page Two
In an effort to monitor newly -hired employees, the probation period for newly -hired employees is
one year.
SECTION 5. MILEAGE REIMBURSEMENT
Private automobiles are not to be used for the City business except as authorized. The City Manager
may authorize such use at the reimbursement rate equal to that set forth by the Internal Revenue
Services. Payments shall be based upon the most direct route to and from the destination, and garage
and parking expenses shall be paid in addition to the current rate, upon submission of paid receipts.
SECTION 6. HEALTH. DENTAL. VISION, LIFE, LONG TERM DISABILITY AND
UNEMPLOYMENT INS t=
All full-time employees and designated permanent part time employees are eligible to receive group
health, dental, vision, life, deferred compensation, disability insurance and unemployment insurance
within the City's group insurance carrier(s), with the administrative cost and premiums paid by the
City to a maximum established in Section 7 after 30 days of employment. Dependents of employees
are eligible for health, dental and vision insurance.
SECTION 7. FRINGE BENEFIT PACKAGE
An employee benefit program is authorized wherein all .officers, full-time employees and designated
permanent part-time have a choice of medical and/or fringe benefits, as described in Section 6, in
an amount not to exceed $570.00 a month, paid by the City.
A. Employees, defined as Management, shall receive an additional $30.00 per month to be
applied as described in Section 6.
B. All employees shall participate in the Life, Dental and Vision Insurance programs. The City
shall pay the cost of the employee in addition to the benefit program described in Section 6
or Section 7(A). Monies in excess of the City's 457 Plan may be paid off annually, during
each December.
C. All eligible employees may participate in the City's 401(A) deferred compensation plan.
SECTION 8. PART-TIME HOURLY RANGE CHART
Hourly compensation for the various part-time positions shall be as set forth in Schedule A
(attached).
RESOLUTION 96 -
Page Three
SECTION 9. S t ATUS OF EMPLOYMENT
All employees serve under the City Manager, pursuant to Government Code Section 34856. Per
Government Code Section 36506, nothing in these rules and regulations shall be construed to
provide employees with any tenure or property interest in employment.
SECTION 10, PUBLIC EMPLOYEES' RETIREMENT SYSTEM - DEFERRED
COMPENSATION
The City of Diamond Bar shall pay the employee contribution of said employee salary to the State
Public Employees' Retirement System (PERS) as deferred income.
SECTION 11. PAY PERIODS
The compensation due to all officers and employees of the City shall be on a bi-weekly basis.
SECTION 12. PAY DAYS
Warrants or checks in the payment of compensation shall be made available by the City to
employees and officers of the City on the Friday succeeding the close of any given pay period. In
an event that pay day falls on a holiday, all warrants or checks in payment of compensation shall be
made available to the City employee on the last work day preceding the holiday.
SECTION 13, WORKING HOURS AND OVERTIME
A. Eight (8) hours, exclusive of lunch period, shall constitute a day's work for all full time
employees.
B. The official work week of the City of Diamond Bar shall be five (5) working days of eight
(8) hours each. It shall be the duty of each Department Manager to arrange the work of their
Department so that each employee therein shall not work more than five (5) days in each
calendar week. The City Manager may require an employee to temporarily perform service
in excess of five (5) days per week when public necessity or convenience so requires.
C. Whenever an employee, other than an Administrative/Executive employee, shall be required
to work overtime, beyond 40 hours per week, such person shall receive compensation for
such overtime worked at one and one-half (11/2) times the regular rate of pay, provided they
have completed full 40 hour work week.
RESOLUTION 96 -
Page Four
SECTION 13, WORKING HOURS AND OVERTIME (CONT'D)
D. Any full time employee, other than an Administrative/Executive employee, who is required
to work on an observed holiday beyond the regular 40 hour work week, shall be entitled to
pay at the rate of two (2) times the regular rate of pay provided they have worked a 40 hour
work week.
E. There is nothing contained within this Section to exclude the City from implementing a 4-10
Plan, at their option.
SECTION 14, ANNUAL VACATION
YEARS OF SERVICE
VACATION ACCRUAL
10 days
15 days
20 days
A. A full time employee, after twelve (12) months continuous service with the City of Diamond
Bar, shall be entitled to a vacation of ten (10) work days per year to be accrued at a rate of
3.08 hours per pay period.
B. Vacation time may be accumulated to a maximum of twenty (20) days (160 hours). The City
Manager may approve vacation time accruals exceeding twenty (20) days.
C. The total vacation allowance shall be computed to the nearest whole day, based upon the
number of full months of City service.
D. In the event one or more municipal holidays follow accumulated vacation leave, such days
shall not be charged as vacation leave and the vacation leave shall be extended accordingly
for those employees eligible for such holidays.
E. An employee shall take vacation at such time during the calendar year based upon due regard
to the needs of the employee's services and the work schedule.
F. Vacation shall be taken during the year following which the vacation privilege has been
earned.
G. The time set for the vacation of the City Manager shall be subject to the approval of the City
Council.
RESOLUTION 96 -
Page Five
SECTION 14. ANNUAL VACATION (CONT'D)
H. Employees who terminate shall be paid the salary equivalent to all accrued vacation earned
after one (1) year of service has been completed, prior to the effective date of termination.
I. All vacation requests shall be made at least five (5) days in advance and prior approval must
be given by employee's supervisor and department head.
J. If an employee does not request time off in advance and simply does not show up for work,
the City Manager may deny the use of vacation time or other benefit for the time off, and
said employee is subject to disciplinary action including discharge.
K. Management employees, for the purpose of accrual, shall be credited with previous
municipal experience, up to five (5) years of service.
SECTION 15, SICK LEAVE
A. Sick leave with pay shall be accrued by full-time employees at a rate of 3.08 hours per pay
period.
B. After six (6) months of continuous service, the employee is eligible to use sick leave.
C. Unused sick leave may be accumulated to a maximum total not to exceed 160 hours.
Absence or illness may not be charged to sick leave if not already accrued and/or
accumulated.
D. Each full time employee shall be paid one-half (1/2) of the unused balance of the annually
accrued sick leave, accrued during a given accrual year, when the then annual accrual results
in sick leave in excess of the maximum allowable accumulation of 160 hours. The sick leave
payout shall only apply to the amount which is in excess of the maximum allowable
accumulated amount of 160 hours. The annual accrued sick leave, over the maximum
accumulation, shall be paid once a year, at the employee's current wage at the time of
payment. Said payment is to be made on the first day in December, or at such other time as
the City Manager may determine, at his/her absolute discretion, as appropriate.
E. Sick leave shall be allowed only in case of necessity and actual sickness or disability of the
employee or dependent family members, as determined by the City Manager. In order to
receive sick leave with pay, the employee shall notify the department head prior to or within
two (2) hours after the time set for beginning daily duties. The City Manager may, if he/she
deems necessary, require the employee to file a Physician's Certificate or a Personal
Affidavit stating the cause of absence.
RESOLUTION 96 -
Page Six
SECTION 15. SICK LEAVE (CONT'D)
F. Sick leave shall not accrue to any employee for any month in which that employee is on
unpaid leave and does not work a minimum of ten (10) eight (8) hour working days in any
one month or combination thereof.
G. If an employee does not show up for work and does not call in within two hours, the City
Manager may deny use of sick leave for the unauthorized time off, and employee is subject
to disciplinary action.
H. Employees using all accumulated sick leave may be deemed to have abandoned their
employment.
I. After five (5) years of service, when an employee retires, resigns or terminates in good
standing, that employee will be paid all accumulated sick leave at a rate of one-half (1/2) of
the employee's current rate of pay at his/her date of termination.
SECTION 16, EAVEMENT LEAVE
When circumstances are such and the City Manager determines that conditions warrant, three (3)
paid bereavement leave days may be granted in the event of death of a relative of a full-time
employee. "Relative" is defined as spouse, parents, children, step -children, brother, sisters,
grandparents, grandchildren, half-brothers, half-sisters, aunts, uncles, or other individuals related by
blood or marriage.
SECTION 17. UNAUTHORIZED LEAVE
If an employee does not show up for work for three consecutive work days without notifying said
employee's supervisor or department head, said employee shall be considered to have voluntarily
terminated employment with the City.
SECTION 18, ON-THE-JOB INJURY
Whenever a person is compelled to be absent from employment with the City on account of injury
arising out of or in the course of that employee's employment as determined by the Workers'
Compensation Act, the employee may elect to apply pro -rated accrued sick leave, if any, to such
absence to receive compensation of an amount of the difference between the compensation received
under the Workers' Compensation Act and that employee's regular pay, not to exceed the amount
of the employee's earned sick leave. An employee in such instance may also elect to use any earned
vacation time in like manner after sick leave is exhausted. The City will pay the employee up to
three (3) days of that employee's regular salary as it relates to an on-the-job injury and if not covered
by Workers' Compensation.
RESOLUTION 96 -
Page Seven
SECTION 19, JURY DUTY
If a full-time employee is called for jury duty, such person shall receive regular pay while actually
performing jury service, however, any amount received by such employee as payment for services
as juror shall be reimbursed to the City. All mileage paid to the employee as a juror shall not be
considered as a reimbursable item to the City.
SECTION 20, ATTENDANCE
Full time employees shall be in attendance at their work in accordance with the rules regarding hours
of work, holidays, and leave. Departments shall keep attendance records of all employees. Absence
of any employee without leave may result in possible disciplinary action including discharge.
SECTION 21. HOLIDAYS
A. Holidays which fall on Saturday shall be observed on the preceding Friday, and holidays
which fall on Sunday shall be observed on the following Monday. Paid holidays are only
for the observed days.
B. The City of Diamond Bar's observed paid holidays are as follows:
1. New Yem's Day (January 1)
2. Washington's Birthday (observed the third Monday in February)
3. Memorial Day (observed the last Monday in May)
4. Independence Day (July 4)
5. Labor Day (observed first Monday in September)
6. Veteran's Day (November 11)
7. Thanksgiving Day
8. Day following Thanksgiving Day
9. Christmas Eve (December 24)
10. Christmas Day (December 25)
11. Two (2) Floating Holidays
SECTION 22, FLOATING HOLIDAY
A. Each full time employee is allowed two (2) floating holidays (8 hours each) per calendar
year, January through December.
B. Floating Holidays are not cumulative and must be used during the above period or said
employee will lose the allocated hours.
RESOLUTION 96 -
Page Eight
C. Each employee must submit a request in advance, and approval must be given by the
employee's supervisor and department head.
D. A full time employee is eligible to use a floating holiday after 30 days of continuous
employment.
E. Floating Holidays may be used in lieu of sick leave only if all other benefit time has been
exhausted.
SECTION 23. TRAINING PLAN
The City Manager and employees of the City are eligible to request specialized training in the form
of symposiums, special courses, forums, etc., at the City's expense.
Wei
Leave of absence without pay may only be granted by the City Manager.
SECTION 25, RESIGNATION
An employee wishing to terminate employment in good standing shall file a written resignation with
the City Manager stating the effective date and reasons for leaving, at least two (2) weeks prior to
the resignation. Failure to give such notice shall mean the employee did not terminate in good
standing, unless by reason of hardship and upon that employee's request, the City Manager has
waived the two week notice requirement.
SECTION 26, ANTI -NEPOTISM PROVISION
A. Relatives of those listed below may not be employed anywhere in the City organization:
1. City Courcimembers;
2. Standing Board and Commission members;
3. Administrative/Executive employees of the City;
4. Employees of the City Manager's Department; or
5. Employees of the Personnel Department.
RESOLUTION 96 -
Page Nine
SECTION 26. ANTI -NEPOTISM PROVISION (CONT'D)
B. The employment of a relative within a department is prohibited when they:
1. Perform joint duties;
2. Share responsibility of authority;
3. Function in the same chain of command; and
4. Work on the same shift at the same work site.
C. For business reasons of supervision, safety, security or morale, the City may refuse to place
one spouse under the direct supervision of the other spouse.
D. For business reasons of supervision, safety, security or morale, an employer may refuse to
place both spouses in the same department, division, or facility if the work involves potential
conflicts of interest or other hazards greater for married couples than other persons.
E. "Relative" means child, step -child, parent, grandparent, grandchild, brother, sister, half-
brother, half-sister, aunt, uncle, niece, nephew, parent -in-law, brother -in law, sister-in-law,
or another individual related by blood or marriage.
F. "Employee" means any person who receives a City paycheck for services rendered to the
City.
SECTION 27, NON-DISCRIMINATION
The City of Diamond Bar does hereby affirm to adopt and support a policy of non-discrimination
with regard to all phases of personnel recruitment, selection and appointment.
The City further declares that it will not exclude from participation in, deny the benefits of, or
subject to discrimination any person on the basis of race, religion, nationality, sex, age or handicap,
thereby affirming the City of Diamond Bar's posture as an equal opportunity employer.
SECTION 28, EMPLOYEE PERFORMANCE EVALUATION APPEALS S PROCEDURES
It is the intent of the City to offer fair and equitable appeals procedures for employee's performance
evaluations. Below are the official guidelines.
A. Employee and supervisor meet to review and discuss the employee's performance
evaluation.
RESOLUTION 96 -
Page Ten
e.FTINQ'i..�
B. The employee may respond in writing to the contents of the evaluation. This
response must be submitted to the department head within five (5) working days
immediately following the evaluation.
C. The department head, as the reviewing official, shall respond in writing to the
employee within five (5) working days. This response becomes an official part of
the evaluation.
D. If the employee chooses to continue to appeal following the response from the
reviewing official, the employee must submit an additional written response to the
Personnel Director within five (5) working days after receipt of the reviewing
official's response.
E. The Personnel Director shall review the evaluation appeal within five (5) days with
the employee, supervisor and department head. Every effort will be made at this
level to resolve the appeal.
F. If the matter is not settled, a written appeal may be submitted tot he City Manager by
the employee within five (5) working days following the decision rendered in writing
by the Personnel Director.
G. The City Manager shall review the appeal with the employee, supervisor, department
head and Personnel Director. The decision shall be rendered in writing within five
(5) working days by the City Manager and shall be final.
SECTION 29, POST OFFER PHYSICAL EXAM
All individuals who become a candidate for City employment must successfully pass a post -offer
physical and substance abuse exams and are subject to fingerprinting and a background
investigation.
The candidates being cor -:�dered for employment will be sent to a City authorized physician at the
City's expense.
RESOLUTION 96 -
Page Eleven
SECTION 30. EMERGENCY CALL -OUT POLICY
The following Emergency Call -Out Policy shall be adhered to:
A. When a full time employee, other than an Administrative/Executive employee, is
called ow for a City emergency, the employee shall be given a minimum of two
hours pay, regardless of the amount of time it takes to rectify the problem.
B. The employee shall be paid overtime per Section 13.
r •► B1 _: tSLI W, 62 1 m'1�
Administrative/Executive employees are allowed two (2) days of administrative leave per fiscal year.
Additional days of leave may be authorized by the City Manager, based on the number of total hours
the individual works over and above 40 hours per week.
A. Administrative/Executive employees do not receive paid overtime, and this leave is
to recognize those employees who work over and above 40 hours per week.
B. Following is a list of Administrative/Executive positions:
Accounting Manager
Administrative Analyst
Administrative Assistant
A- istant to the City Manager
Assistant City Manager
Assistant Civil Engineer
Assistant Planner
Associate Engineer
Associate Planner
City Clerk
City Engineer/Director of Public Works
Community Relations Officer
Deputy Public Works Director
Director of Community Development
Director of Community Services
Secretary to the City Manager
Senior Accountant
Senior Engineer
Senior Planner
Superintendent of Parks & Maintenance
RESOLUTION 96 -
Page Twelve
SECTION 31. ADMINISTRATIVE LEAVE (CONT'D)
C. Administrative leave may not be accumulated and carried over to the following year. It must
be used by June 30 of each fiscal year. Leave may be granted in hourly increments. Requests
shall be submitted to employee's immediate supervisor for approval, then forwarded to the
City Manager for approval. Administrative leave will be authorized at the convenience of
the City and the work schedule.
SECTION 32. MEDICARE
Pursuant to Revenue Billing 86-68 of the Internal Revenue Code, all employees hired after March
31, 1987 will have 1.45 percent of their base salary deducted from their paycheck to be paid to
Medicare. The City will match the 1.45 percent as mandated by law.
SECTION 33, IMMIGRATION REFORM AND CONTROL ACT OF 1986
In compliance with the Immigration Reform and Control Act of 1986, all new employees must verify
identity and entitlement to work in the United States by providing required documentation.
611 W%K@304 allWKWO al ' ' : •
The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) provides for the
continuation of health care coverage to certain employees who terminated employment and
beneficiaries of employees who die, become disabled or are divorced. Employees become eligible
for continued coverage upon termination of service, whether voluntary or not (other than termination
for gross misconduct), retirement or reduction in hours worked. For these employees and their
dependents, continued coverage is available for 18 months, at their expense.
SECTION 35, TUITION REIMBURSEMENT
Subject to Council fiscal year budget authorization, each employee shall be entitled to
reimbursement in the amount of $500 per fiscal year, for college -level or university -level educational
courses (including tuition and related books), which have been approved by the personnel Officer
or his/her designate as being job-related and of value to the City. Reimbursement under this Section
is contingent upon the verification of the attainment of a letter grade of "C" or better, or in those
cases where no letter grade is given, verification of completion of the course with a "Pass" or
"Credit" grade and submittal of a receipt for registration bearing the name of the course, for which
reimbursement is being requested. In the case of reimbursement for books for any approved/verified
course; a syllabus, course reading list or course outline showing the book as being required for the
course, plus a receipt bearing the title of the book shall be submitted.
RESOLUTION 96 -
Page Thirteen
SECTION 36, PART TIME EMPLOYEES' RETIREMENT
Effective July 1,1991, part time, seasonal and temporary employees will be covered by a retirement
system, under Social Security (OASDI). An employee's contribution rate shall be 6.2% on wages
up to $61,200. The employer's tax rate is the same. Election workers and emergency workers are
excepted from coverage, under this section.
ADOPTED AND APPROVED THIS day of , 1995
Mayor
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Resolution was introduced at a regular meeting of the City Council of the City of Diamond
Bar held on the day of , 1996, and was finally 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:
ABSTAIN: COUNCIL MEMBERS:
ATTEST:
LYNDA M. BURGESS, City Clerk of the
City of Diamond Bar
Schedule A
CITY OF DIAMOND BAR
SALARY RANGES BY POSITION
FY 19%-97
(1.6%)
JOB TITLE
1231 12.31
A
B
C
D
E
F
G
Receptionist
816
8.16
8.57
9.00
9.45
9.92
10.42
10.94
26,891.69
28,236.27
1,415.26
1,486.02
1,560.32
1,638.34
1,720.25
1,806.27
1,896.58
13.58
14.25
16,983.09
17,832.25
18,723.86
19,660.05
20,643.06
21,675.21
22,758.97
Jr. Clerk Typist
945
9.45
9.92
10.42
10.94
11.49
12.06
12.67
31,130.49
32,687.01
1,638.34
1,720.26
1,806.27
1,896.58
1,991.41
2,090.98
2,195.53
15.71
16.50
19,660.07
20,643.07
21,675.23
22,758.99
23,896.94
25,091.78
26,346.37
Clerk Typist
1016
10.16
10.67
11.20
11.76
12.35
12.97
13.62
1,761.22
1,849.28
1,941.75
2,038.83
2,140.77
2,247.81
2,360.20
21,134.65
22,191.38
23,300.95
24,466.00
25,689.30
26,973.76
28,322.45
Account Clerk I
1016
10.16
10.67
11.20
11.76
12.35
12.97
13.62
1,761.22
1,849.28
1,941.75
2,038.83
2,140.77
2,247.81
2,360.20
21,134.65
22,191.38
23,300.95
24,466.00
25,689.30
26,973.76
28,322.45
Adminstrative
1113
11.13
11.69
12.27
12.88
13.53
14.20
14.91
Analyst
1,929.00
2,025.45
2,126.73
2,233.06
2,344.72
2,461.95
2,585.05
23,148.05
24,305.45
25,520.73
26,796.76
28,136.60
29,543.43
31,020.60
Secretary
1117
11.17
11.73
12.32
12.93
13.58
14.26
14.97
1,936.52
2,033.35
2,135.02
2,241.77
2,353.86
2,471.55
2,595.13
23,238.28
24,400.19
25,620.20
26,901.21
28,246.27
29,658.59
31,141.52
Code Enforcement
1169
11.69
12.27
12.88
13.53
14.20
14.91
15.66
Officer
2,025.57
2,126.85
2,233.20
2,344.86
2,462.10
2,585.20
2,714.46
24,306.89
25,522.24
26,798.35
28,138.27
29,545.18
31,022.44
32,573.56
Parks Maintenance
1178
11.78
12.37
12.99
13.64
14.32
15.04
15.79
Worker II
2,042.45
2,144.57
2,251.80
2,364.39
2,482.61
2,606.74
2,737.08
24,509.41
25,734.88
27,021.62
28,372.71
29,791.34
31,280.91
32,844.95
Deputy City Clerk
1231
12.31
12.93
13.58
14.25
14.97
15.71
16.50
2,134.26
2,240.97
2,353.02
2,470.67
2,594.21
2,723.92
2,860.11
25.611.13 26,891.69 28,236.27 29,648.08 31,130.49 32,687.01 34,321.36
Administrative
1231 12.31
12.93
13.58
14.25
14.97
15.71
16.50
Secretary
2,134.26
2,240.97
2,353.02
2,470.67
2,594.21
2,723.92
2,860.11
25,611.13
26,891.69
28,236.27
29,648.08
31,130.49
32,687.01
34,321.36
Administrative
1231 12.31
12.93
13.58
14.25
14.97
15.71
16.50
Assistant
2,134.26
2,240.97
2,353.02
2,470.67
2,594.21
2,723.92
2,860.11
25,611.13
26,891.69
28,236.27
29,648.08
31,130.49
32,687.01
34,321.36
Management
1231 12.31
12.93
13.58
14.25
14.97
15.71
16.50
Information System
2,134.26
2,240.97
2,353.02
2,470.67
2,594.21
2,723.92
2,860.11
(MIS)Assistant
25,611.13
26,891.69
28,236.27
29,648.08
31,130.49
32,687.01
34,321.36
Schedule A
CITY OF DIAMOND BAR
SALARY RANGES BY POSITION
FY 1996-97
(1.6%)
JOB TITLE
1858 18.58
A
B
C
D
E
F
G
Engineering
1488
14.88
15.62
16.41
17.23
18.09
18.99
19.94
Technician
42,610.44
2,579.19
2,708.15
2,843.56
2,985.74
3,135.02
3,291.77
3,456.36
21.46
22.53
30,950.29
32,497.81
34,122.70
35,828.83
37,620.27
39,501.29
41,476.35
Planning
1488
14.88
15.62
16.41
17.23
18.09
18.99
19.94
Technician
51,666.08
2,579.19
2,708.15
2,843.56
2,985.74
3,135.02
3,291.77
3,456.36
24.84
26.08
30,950.29
32,497.81
34,122.70
35,828.83
37,620.27
39,501.29
41,476.35
Community Relations
1488
14.88
15.62
16.41
17.23
18.09
18.99
19.94
Coordinator
1946 19.46
2,579.19
2,708.15
2,843.56
2,985.74
3,135.02
3,291.77
3,456.36
3,373.48
3,542.15
30,950.29
32,497.81
34,122.70
35,828.83
37,620.27
39,501.29
41,476.35
Secretary to the
1601
16.01
16.81
17.65
18.53
19.46
20.43
21.46
City Manager
2,775.08
2,913.83
3,059.52
3,212.50
3,373.12
3,541.78
3,718.87
33,300.91
34,965.96
36,714.26
38,549.97
40,477.47
42,501.34
44,626.41
Assistant Civil
1601
16.01
16.81
17.65
18.53
19.46
20.43
21.46
Engineer
2,775.08
2,913.83
3,059.52
3,212.50
3,373.12
3,541.78
3,718.87
33,300.91
34,965.96
36,714.26
38,549.97
40,477.47
42,501.34
44,626.41
Assistant Planner
1601
16.01
16.81
17.65
18.53
19.46
20.43
21.46
2,775.08
2,913.83
3,059.52
3,212.50
3,373.12
3,541.78
3,718.87
33,300.91
34,965.96
36,714.26
38,549.97
40,477.47
42,501.34
44,626.41
Assistant to the
1601
16.01
16.81
17.65
18.53
19.46
20.43
21.46
City Manager
2.775.08
2,913.83
3,059.52
3,212.50
3,373.12
3,541.78
3,718.87
33,300.91
34,965.96
36,714.26
38,549.97
40,477.47
42,501.34
44,626.41
Superintendent of
1858
18.58
19.51
20.49
21.51
22.59
23.71
24.90
Parks/Maintenance
3,220.74
3,381.78
3,550.87
3,728.41
3,914.83
4,110.58
4,316.10
38,648.92 40,581.37 42,610.44 44,740.96 46,978.01 49,326.91 51,793.25
Senior Accountant
1858 18.58
19.51
20.49
21.51
22.59
23.71
24.90
3,220.74
3,381.78
3,550.87
3,728.41
3,914.83
4,110.58
4,316.10
38,648.92
40,581.37
42,610.44
44,740.96
46,978.01
49,326.91
51,793.25
Associate Planner
1946 19.46
20.44
21.46
22.53
23.66
24.84
26.08
3,373.48
3,542.15
3,719.26
3,905.22
4,100.48
4,305.51
4,520.78
40,481.72
42,505.81
44,631.10
46,862.65
49,205.79
51,666.08
54,249.38
Associate Engineer
1946 19.46
20.44
21.46
22.53
23.66
24.84
26.08
3,373.48
3,542.15
3,719.26
3,905.22
4,100.48
4,305.51
4,520.78
40,481.72
42,505.81
44,631.10
46,862.65
49,205.79
51,666.08
54,249.38
Transportation
1946 19.46
20.44
21.46
22.53
23.66
24.84
26.08
Planner
3,373.48
3,542.15
3,719.26
3,905.22
4,100.48
4,305.51
4,520.78
40,481.72
42,505.81
44,631.10
46,862.65
49,205.79
51,666.08
54,249.38
SCh88U18 A
CITY OF DIAMOND BAR
SALARY RANGES BY POSITION
FY 1996-97
(1.6%)
JOB TITLE
5.26
A
B
C
D
E
F
G
Accounting Manager
1997
19.97
20.97
22.02
23.12
24.28
25.49
26.77
7.89
8.41
3,462.30
3,635.41
3,817.18
4,008.04
4,208.45
4,418.87
4,639.81
8.41
8.94
41,547.58
43,624.96
45,806.21
48,096.52
50,501.35
53,026.41
55,677.73
Senior Planner
2092
20.92
21.97
23.07
24.22
25.43
26.70
28.04
15.25
15.78
3,626.49
3,807.81
3,998.20
4,198.11
4,408.02
4,628.42
4,859.84
43,517.85
45,693.74
47,978.42
50,377.35
52,896.21
55,541.02
58,318.07
Senior Engineer
2092
20.92
21.97
23.07
24.22
25.43
26.70
28.04
3,626.49
3,807.81
3,998.20
4,198.11
4,408.02
4,628.42
4,859.84
43,517.85
45,693.74
47,978.42
50,377.35
52,896.21
55,541.02
58,318.07
City Clerk
2172
21.72
22.80
23.94
25.14
26.40
27.72
29.10
3,764.23
3,952.44
4,150.07
4,357.57
4,575.45
4,804.22
5,044.43
45,170.79
47,429.33
49,800.80
52,290.84
54,905.38
57,650.65
60,533.18
Community Services
2259
22.59
23.71
24.90
26.15
27.45
28.83
30.27
Director
3,914.80
4,110.54
4,316.07
4,531.87
4,758.46
4,996.39
5,246.21
46,977.61
49,326.49
51,792.81
54,382.45
57,101.58
59,956.66
62,954.49
Deputy PW Director
2307
23.07
24.22
25.43
26.70
28.04
29.44
30.91
3,998.20
4,198.11
4,408.02
4,628.42
4,859.84
5,102.83
5,357.97
47,978.43
50,377.35
52,896.22
55,541.03
58,318.08
61,233.98
64,295.68
Comm. Development
2924
29.24
30.70
32.23
33.85
35.54
37.32
39.18
Director
5,067.84
5,321.24
5,587.30
5,866.66
6,160.00
6,468.00
6,791.40
60,814.12
63,854.83
67,047.57
70,399.95
73,919.95
77,615.95
81,496.74
City Eng/Public
2924
29.24
30.70
32.23
33.85
35.54
37.32
39.18
Works Director
5,067.84
5,321.24
5,587.30
5,866.66
6,160.00
6,468.00
6,791.40
60,814.12
63,854.83
67,047.57
70,399.95
73,919.95
77,615.95
81,496.74
Assistant City
3107
31.07
32.62
34.25
35.97
37.77
39.65
41.64
Manager
5,385.39
5,654.66
5,937.40
6,234.27
6,545.98
6,873.28
7,216.94
64,624.74
67,855.98
71,248.78
74,811.21
78,551.78
82,479.36
86,603.33
City Manager
8,056.00
96,672.00
PART-TIMEIHOURLY
Comm. Svcs Leader
5.26
5.79
6.31
6.84
7.37
7.89
8.41
Community Svcs Leader II
7.37
7.89
8.41
8.94
9.47
10.00
10.52
Intern/Part-Time
7.37
7.89
8.41
8.94
9.47
10.00
10.52
Parks Mtee Helper
7.37
7.89
8.41
8.94
9.47
10.00
10.52
Comm Svcs Coordinator
9.47
10.00
10.52
11.04
11.57
12.10
12.62
Counter Ckrk/Permit Tech
13.15
13.67
14.20
14.72
15.25
15.78
16.31
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO. 1 `'
TO: Terrence L. Belanger, City Manager
MEETING DATE: July 31, 1996 REPORT DATE: August 6, 1996
FROM: Kellee A. Fritzal, Assistant to the City Manager
TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING AND
ACCEPTING NEGOTIATED EXCHANGE OF ITOPERTY TAX REVENUES ATION DISTRICT NO. 21 �ANDLTING FROM
REPEALING
ANNEXATION NO. 631 TO COUNTY,
RESOLUTION 96-32.
SUMMARY: At the May 21, 1996, City Council meeting, the Council approved Resolution 96-32 accepting an
negotiated exchange of property tax revenue resulting from Annexation No. 631 to County Sanitation
District No. 21. The annexation area is the Track 47851 housing development. On July 18, 1996 the City
was notified by the County Sanitation District of a change in the language of the tax sharing resolutions.
The addition was made by the District and the County Chief Administrative Office in an effort to make
the tax sharing resolutions more equitable to all parties involved.
RECOMMENDATION: It is recommended that the City Council approve Resolution 96 -XX, Resolution of the City
of Diamond Bar approving and accepting negotiated exchange of property tax revenues
resulting from Annexation No. 631 to County Sanitation District No. 21 and repealing
Resolution 96-32.
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 Yes —No
3. Has environmental impact been assessed? N/A — Yes No
4. Has the report been reviewed by a Commission? —
Which Commission? Yes X No
5. Are other departments affected by the report? —
Report discussed with the following affected departments:
REVIEWED BY:
Terrence . Belan r Frank M. Usher Kellee A. Fritzal
City Manager Assistant City Manager Assistant to the City Manager
ESOLUTION NO. 96-
A JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF
LOS ANGELES ACTING IN BELES COUNTY GENERAL FUND,
LOS ANGELES COUNTY LIBRARY, LOS ANGELES COUNTY FLOOD CONTROL, LOS
HALF OF LOS ANGE
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 O
PROPERTY TAX REVENUES RESULTING FROM ANNEXATION TO COUNTY
SANITATION DISTRICT NO.21.O 32
NEXATIONO. 631 AND REPEAL OF
TI
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
e
and
accept the negotiated exchange of property
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.
WHEREAS, it is necessary to repeal Resolution No. 96-32.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS
SECTION I. The negotiated exchange of property taxrevenueis
resulting from the annexation of territory to County S
anitaton
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.
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. If at any time after the effective date of this
resolution, the calculations used herein to determine initial
property tax transfers or the data used to perform those
calculations are found to be incorrect thus producing an improper
or inaccurate property -tax transfer, the property tax transfer
shall be recalculated and the corrected transfer shall be
implemented for the next fiscal year, and any amounts of property
tax received in excess of that which is proper shall be refunded
to the appropriate agency.
SECTION VI. 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
PERCENT
AGENCY
Los Angeles County General Fund
0.17750.0147
Los Angeles County Library
Los Angeles County Flood Control
0.0069
Los Angeles County Fire - FFW
0.0087
0.0397
City of Diamond Bar
Greater LA County Vector Control District
0.0002
Three Valleys Municipal Water District
0.0021
0.0004
California Water-WVWD
Water-WVWD-Improvement District #3
0.0048
CA
CA Water-WVWD-Improvement District #4
0.0012
0.3594
TOTAL
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. If at any time after the effective date of this
resolution, the calculations used herein to determine initial
property tax transfers or the data used to perform those
calculations are found to be incorrect thus producing an improper
or inaccurate property -tax transfer, the property tax transfer
shall be recalculated and the corrected transfer shall be
implemented for the next fiscal year, and any amounts of property
tax received in excess of that which is proper shall be refunded
to the appropriate agency.
SECTION VI. 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, LYNDA BURGESS, City Clerk of the City of Diamond Bar,
California do hereby certify that the foregoing Resolution Number
(1966) 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: COUNCILMEMBETS:
LYNDA BURGESS, CITY CLERK
CALIFORNIA
CITY OF DIAMOND BAR,
CITY OF DIAMOND BAR 9.151
AGENDA REPORT AGENDA NO.
TO: Terrence L. Belanger, City Manager
MEETING DATE: August 6, 1996 REPORT DATE: August 1, 1996
FROM: Bob Rose, Community Services Director
TITLE: Authorization for Additional Work by L.L.A.D. No. 38 Maintenance Contractor on As Needed Basis.
SUMMARY: At its meeting on May 21, 1996, the City Council approved the contact extension with
Mariposa Horticultural Enterprises, Inc. for the maintenance of the L.L.A.D. No. 38 for the 1996/97 fiscal
year, in the amount of $39,129.60. Sections 4 and 23 of the specifications of the contract states that
additional work, for additional compensation, may be authorized for repairs and replacements when the
need for such work arises out of extraordinary incidents such as vandalism; or for improvements in order
to add new or modify/refurbish existing landscaping and irrigation systems.
The total estimated annual cost for the additional work at L.L.A.D. No. 38 is $7,500. This estimate is based
on the acutal amount of required additional work the past fiscal year. Staff is seeking City Council approval
for the City Manager to authorize additional work necessary by the District Maintenance Contractor to
maintain L.L.A.D. No. 38 per specifications set forth in the District Maintenance contract in an amount not
to exceed $7,500.
RECOMMENDED ACTION: It is recommended that the City Council authorize the City Manager to approve
additional work as needed by the L.L.A.D. No. 38 maintenance contractor, Mariposa Horticultural
Enterprises, Inc., for the maintenance of the L.L.A.D. No. 38, in an amount not to exceed $7,500 for the
1996/97 fiscal year.
LIST OF ATTACHMENTS: X_ Staff Report _ Public Hearing Notification
_ Resolution(s) X_ Bid Specifications (on file in City Clerk's office)
Ordinance(s) X Other: Letter of Agreement
X Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
1.
Has the resolution, ordinance or agreement been
No
reviewed by the City Attorneys'
X_ Yes
_
No
2.
Does the report require a majority vote?
Yes
_
3.
Has environmental impact been assessed?
_ Yes
No
4.
Has the report been reviewed by a Commission?
_ Yes71
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. Belang Frank M. Usher Bob Rose
City Manager Assistant City Manager Community Services Director
City of Diamond Bar
21660 E. Copley Drive, Suite 100 • Diamond Bar, CA 91765-4177
(909) 860-2489 • Fax: (909) 861-3117
Internet: http://www.ci.diamond-bar.ca.us
May 15, 1996
Ren Flugel, General Manager
Mariposa Horticultural Enterprises, Inc.
15529 Arrow Highway
Irwindale, CA 91706
kE: MAINTENANCE OF LIGHTING AND LANObCAVE LAS'I klCl 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
based Consumer Price Index (C.P.I.), which
request of a annual adjustment on
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
Eileen R. Ansari
Mayor
purchase order in the amount not to exceed $39,129.60 will be processed and
forwarded to you.
Robert S. Huff
Mayor Pro Tem
Sincerely,
Clair W. Harmony
Council Member
Carol Herrera
Bob Rose, Director
Council Member
Community Services Department
Gary H. Werner
By Signing below, the parties agree to the above terms.
Council Member
Mayor Date General Manager ate
City of Diamond Bar Mariposa Horticultural Ent., Inc.
rm:
Attest:aA
jasFo
L 5 7�
City Clerk Date orneyDate
Recycled paper
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
contact 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:
L. GENERALSCOPE 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 INCORPORATED DOCUME S TO BE CONSIDERED
C-OMPT .F.MF_ENTARY: 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. TFRMS 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. Compensate 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;
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 nates 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
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. AN12 SIJIRSISTENCE 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.
City of Diamond Bar 5 L.L.M.D. #38
9. CONTRACTOR'S L-IABILITY: 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. 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 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. #38
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
�77VETO FORM
ity Attorney
414 � S
Date
By:
e
Title
CITY OF DIAMOND BAR, CALIFORNIA
By: A�& 4e
Mayor
By:
City C!erk
Contractor's Business Phone 9--, (g 260(-Tj (n / 2
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
AGENDA REPORT AGENDA NO. 6.15b
TO: Terrence L. Belanger, City Manager
MEETING DATE: August 6, 1996 REPORT DATE: August 1, 1996
FROM: Bob Rose, Community Services Director
TITLE: Authorization for Additional Work by L.L.A.D. No. 39 Maintenance Contractor on As Needed Basis.
SUMMARY: At its meeting on May 21, 1996, the City Council approved the contract extension with
Accurate Landscape and Maintenance Corporation, for the maintenance of the L.L.A.D. No. 39 for the
1996/97 fiscal year, in the amount of $73,080. Sections 4 and 23 of the specifications of the contract states
that additional work, for additional compensation, may be authorized for repairs and replacements when
the need for such work arises out of extraordinary incidents such as vandalism; or for improvements in order
to add new or modify/refurbish existing landscaping and irrigation systems.
The total estimated annual cost for the additional work at L.L.A.D. No. 39 is $5,000. The estimate is based
on the acutal amount of required additional work the past fiscal year. Staff is seeking City Council approval
for the City Manager to authorize additional work necessary by the District Maintenance Contractor to
maintain L.L.A.D. No. 39 per specifications set forth in the District Maintenance contract in an amount not
to exceed $5,000.
RECOMMENDED ACTION: It is recommended that the City Council authorize the City Manager to approve
additional work as needed by the L.L.A.D. No. 39 maintenance contractor, Accurate Landscape and
Maintenance Corporation, for the maintenance of the L.L.A.D. No. 39, in an amount not to exceed $5,000
for the 1996/97 fiscal year.
LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification
Resolution(s) .X Bid Specifications (on file in City Clerk's office)
_ Ordinance(s) Other: Letter of Agreement
X 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 Commissions'
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:
Terre ce L. Belan r Frank M. Usher Bob Rose
City Manager Assistant City Manager Community Services Director
Eileen R. Ansari
Mayor
Robert S. Huff
Mayor Pro Tem
Clair W. Harmony
Council Member
Carol Herrera
Council Member
Gary H. Werner
Council Member
Recycled paper
May 15, 1996
City of Diarnignd Bar
21660 E. Copley Drive, Suite 100 • Diamond Bar, CA 917654177
(909) 860.2489 • Fax: (909) 861-3117
Internet: http://www.ci.diamond-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 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 1995/96 contract, $6,090 per
month or $ 73,080 per year.
Upon approval of this contract extension by the Diamond Bar City Council, a
purchase order in the amount not to exceed $73,080 will be processed and
forwarded to you.
Sincerely,
Bob Rose, Director
Community Services Department
By signing below, the parties agree to the above terms.
MayorS�Dat���
City of Diamond Bar
Attest:
City Jerk Date
President Date
Accurate Landscape & Maint. Corp.
Approved as to Form:
� �- IL 5(1
''// c
7
City Attorney Date
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 fumish 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 COMPL MENT RY• 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.
X910151"7740
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. 'Me 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. Ile 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 primacy 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. 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. APP EN n _ HIP 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:
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 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 Bnd 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 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 orfrom 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 contraction 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: CONTRACT PRICE AND PAYMENT: City shall pay to the Contractor for
famishing 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
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.
13. : 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..
City of Diamond Bar 7 L.L.M.D. No. 39
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
717DA
66—Attorney
g
Date
By: . -� (t, ✓1
Nat
pe
}` 1 C L�� � 7irC�e►I15G�
Title
CITY cOFFj� DIAMOND BAR, CALIFORNIA
By: _T��,Ca 7I.t1�..�
Mayor
By: A-,k.��
jV Citi --leek
cj
Contractor's Business Phone
__C214) q,,— ( — 42-5.
Emergency Phone at which /r
Contractor can be reached at any time l�� ��� �� Z ` 4
City of Diamond Bar 8
L.L.M.D. No. 39
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO. 6.15r
TO: Terrence L. Belanger, City Manager
MEETING DATE: August 6, 1996 REPORT DATE: August 1, 1996
FROM: Bob Rose, Community Services Director
TITLE: Authorization for Additional Work by L.L.A.D. No. 41 Maintenance Contractor on As Needed Basis.
SUMMARY: At its meeting on May 21, 1996, the City Council approved the contact extension with
Landscape West, Inc. for the maintenance of the L.L.A.D. No. 41 for the 1996/97 fiscal year, in the amount
of $35,400. Sections 4 and 23 of the specifications of the contract states that additional work, for additional
compensation, may be authorized for repairs and replacements when the need for such work arises out of
extraordinary incidents such as vandalism; or for improvements in order to add new or modify/refurbish
existing landscaping and irrigation systems.
The total estimated annual cost for the additional work at L.L.A.D. No. 41 is $5,000. The estimate is based
on the acutal amount of required additional work the past fiscal year. Staff is seeking City Council approval
for the City Manager to authorize additional work necessary by the District Maintenance Contractor to
maintain L.L.A.D. No. 41 per specifications set forth in the District Maintenance contract in an amount not
to exceed $5,000.
RECOMMENDED ACTION: It is recommended that the City Council authorize the City Manager to approve
additional work as needed by the L.L.A.D. No. 41 maintenance contractor, Landscape West, Inc., for the
maintenance of the L.L.A.D. No. 41, in an amount not to exceed $5,000 for the 1996/97 fiscal year.
LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification
Resolution(s) X Bid Specifications (on file in City Clerk's office)
_ Ordinance(s) X Other: Letter of Agreement
X 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
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:
Ter nce L. Bel 31er
City Manager
Frank M. Usher
Assistant City Manager
9/0 �,
Bob Rose
Community Services Director
Eileen R. Ansari
Mayor
Robert S. Huff
Mayor Pro Tem
Clair W. Harmony
Council Member
Carol Herrera
Council Member
Gary H. Werner
Council Member
Recycled paper
May 15, 1996
City of Diamond
21660 E. Copley Drive, Suite 100 • Diamond Bar, CA 91765-4177
Barry Kon ier, President
Landscape West, Inc.
950 N. Tustin Avenue
Anaheim, CA 92807
(909) 860-2489 - Fax: (909) 861-3117
Internet: http://www.ci.diamond-bar.ca.us
RE: MAINTENANCE OF LIGHTING AND LANDSCAPE DISTRICT NO. 41
Dear Mr. Kon ier:
This is to inform you that 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 Department
By signing below, the parties agree to the above terms.
Mayor Date Predded Date
City of Diamond Bar Landscape West, Inc.
Attest:
Approved as to Form:
J
C;ty Clerk Date Ci Attorney Dat
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. 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. 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. Composation Insumm 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 fora 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) 5500,000 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 Bar 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 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 relativ4 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 L.IABIL.ITY* 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 frau 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. #41
13. : 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. 41710!'
Date
APPROVED AS TO FORM
— ci
tty Attorney
Date
0
Title
CITY OF DIAMOND BAR, CALIFORNIA
By:
Mayor
��.,,/ % vV City Clerk L'
Contractor's Business Phone �� y- n� - 7C f
Emergency Phone at which 7/ Y; _ j �'/ _ 7,
Contractor can be reached at any time
City of Diamond Bar 8 L.L.M.D. #41
i 51
CITY OF DiA1VlOND, BAR
21660 E. COPLEY DRIVE, SUITE 100.
DIAMOND BAR, CA 91765
714 -860 -CITY . 714860-2489
SUPERVISED GRADING INSPECTION CERTIFICATE 117
_
JOB ADDRESS /TRACT NO. a3�� fALCo/;.S It(ti . vM6�"�� RMIT `NO.?=P-
OWNER SG me's C �5 1 h (> CONTRACTOR
SOILS ENGINEER'S ROUGH GRADING CERTIFICATION
,I certify that the earth fills placed on the following lots were installed upon compet
and properly prepared base material and compacted in compliance with requirements
Building Code Section 7010. I further certify that where the report or reports of
engineering geologist, relative to this site, have recommended the installation of buttr
fills orother similar stabilization measures, such earthwork construction has b
completed in accordance with the approved design.
LAT NOS,
See report dated y4�91Af Ar ccmpaction test data, recommended allowable s•
bearing values and i6ther recommendations.
EXPANSIVE SOILS (YES) (:bt" LOT NOS.
BUTTRESS FILLS (:)=:94, (NO) LOT NOS.
SING GRADING ENGINEER'S ROUGH GRADING
QAIIV
o21Z1
19 yes.
Date ZZ
I certify to the satisfactory completion of rogr�di��4;r}luding: grading to aporoxim
final elevations, property lines located and st tti�ajslopesand
fill correctly gra(
and located in accordance with the approved de' -dales terraces graded ready
paving, berms installed; and required drainage slopes provided on the building pads.
further certify that where report or reports of an engineering geologist and/or so-
engineer have been prepared relative to this site recommendations contained in sl
reports have been followed in the presecution o
LOT NOS.
REMARKS s \
Engineer lR-- Nd�AZ/`AS? Date .3
� `'-�/C 3/� i
SUPERVISING GRAD NG ENGINEER'S FINAL GRADING C FI AT O
I certify to the satisfactory completion of"r$fg'1n'accordance with the approved plans
All required drainage devices have been insta'llbd•`slope'planting established.and irriga-
tion systems provided (where required); and ade e: 'provisions have been ma
` de for draina
of surface waters from each building site. The recommendations of the soils engineer and
or engineering geologist (if such persons were employed) have been incorporated in the wo
LOT NOS.
REMARKS
Engineer
Reg. No.
ate 4-Z,0-93
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 aeoordance 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 parry 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
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO. 6.15d
TO: Terrence L. Belanger, City Manager
MEETING DATE: August 6, 1996 REPORT DATE: August 1, 1996
FROM: Bob Rose, Community Services Director
TITLE: Authorization for Additional Work by Parks Maintenance Contractor on As Needed Basis.
SUMMARY: At its meeting on May 21, 1996, the City Council extended the contract with Accurate
Landscape and Maintenance Corporation for the maintenance of the City's eight parks for the 1996/97 fiscal
year, in the amount of $102,600. Section 4 of the specifications of the contract states that additional work,
(Continued on Page Two)
RECOMMENDED ACTION: It is recommended that the City Council authorize the City Manager to approve
additional work as needed by the Parks Maintenance contractor, Accurate Landscape and Maintenance
Corporation, for the maintenance of the City's eight public parks, in an amount not to exceed $8,600 for
the 1996/97 fiscal year. It is further recommended that the City Council authorize the City Manager to
approve the purchase of paper products for the City's seven park restrooms by the Parks Maintenance
Contractor, Accurate Landscape and Maintenance Corporation, in an amount not to exceed $3,400 for the
1996/97 fiscal year.
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 the City Attorneys'
X_ Yes
_ No
2. Does the report require a majority voted
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:
Kil )"A
Terren el. Belan
City Manager
Frank M. Usher
Assistant City Manager
0 ose
Community Services Director
Agenda Report
Auth. for Additional Work by Parks Maintenance
Contractor - Accurate Landscape & Maintenance Corp.
Meeting Date: August 1, 1996
Page Two
SUMMARY: (Continued)
for additional compensation may be authorized for repairs and replacements when the need for such work
arises out of extraordinary incidents such as vandalism; or for improvements in order to add new or
modify/refurbish existing landscaping and irrigation systems. Sections 35.11 and 60.01 of the contract
specifications list the materials that must be provided by the City for the contractor to install at no additional
labor cost. These materials include sprinkler heads of 3/4" inlet or greater, replacement or repair of leaking
irrigation lines and paper products for restrooms. The City has traditionally requested that the contractor
provide the materials that must be supplied by the City, compensating the contractor for the cost of the
materials, plus 15% for handling and overhead costs.
During the normal course of operation of the City's Parks, there will be immediate need for repair of
irrigation systems and other components in each park. Staff has found that the most timely and cost effective
manner in which to accomplish these repairs is for the landscape maintenance contractor assigned to the
parks to supply the materials and to complete the repair. In most cases, when the work is completed by the
assigned maintenance contractor, there is no charge for the labor, only for the materials plus 15% overhead
costs.
The total estimated annual cost for the additional work at the City's eight parks is $8,600. For paper
products in the restrooms of seven parks the total estimated annual cost is $3,400. Staff is seeking City
Council approval for the City Manger to authorize additional work necessary by the Parks Maintenance
Contractor to maintain the.City's eight parks per specifications set forth in the Parks Maintenance contract
in an amount not to exceed $8,600, plus, approval for the City Manager to authorize the contractor to
purchase the paper products necessary to stock the park's seven restrooms, in an amount not to exceed
$3,400 for the 1996/97 fiscal year.
Eileen R. Ansari
Mayor
Robert S. Huff
Mayor Pro Tem
Clair W. Harmony
Council Member
Carol Herrera
Council Member
Gary H. Werner
Council Member
Recycled paper
May 15, 1996
City of Diam9;.r
21660 E. Copley Drive, Suite 100 • Diamond Bar, CA 91765-4177
(909) 860.2489 • Fax: (909) 861-3117
Internet: http://www.ci.diamond-bar.ca.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 interested 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 1995/96 contracts,
$8,550 per month or $102,600 per year.
Upon approval of this contract extension by the Diamond Bar City Council, a
purchase order in the amount not to exceed $102,600 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 e / President Date
City of Diamond Bar �'3l A6 Accurate Li4scape & Maint. Corp.
Attest: Approved as to Form:
City Clerk Date
ty ttorney Date
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 (8) community narks
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
a►ourtenant maintenance services as set forth in the specifications
for the maintenance of city carks 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.
1
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 not the amount of
the coverage thereof reduced until thirty (30)
days after receipt by City of a written notice
of such cancellation or reduction of coverage
as evidenced by receipt of a registered
letter."
3
5) Otherwise be in 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.
4
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:
6
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 Hid 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 Index Month. The "CPI"
index that will be used for this calculation is identified -as the
Los Angeles -Anaheim -Riverside Metropolitan area Index as reported
by the Bureau of Labor Statistics of the United States Department
of Labor. If the Index is discontinued, the Director's office
shall, at 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 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
Date '
APPROVED AS TO FORM:
Date
(�� •f1�/ �� � � 1. � � �/���r
J CITY
By:
By:
T t e
OFD AMOND B , FORNIA
Mt r
Cirty Clerk
Contractor's Business Phone:
Emergency Phone at which
Contractor May be reached at any time: - f
9
CITY OF DIAMOND BAR
AGENDA REPORT
AGENDA NO.0 / 6
TO: Terrence L. Belanger, City Manager
MEETING DATE: July 30, 1996 REPORT DATE: August 6, 1996
FROM: Kellee A. Fritzal, Assistant to the City Manager
TITLE: AWARD OF PROFESSIONAL SERVICES AGREEMENT FOR DESIGN OF PETERSON PARK
DRAINAGE AND .ATHLETIC FIELD LIGHTING TO CATHCART/BEGIN ASSOCIATES
SUMMARY: The City's Capital Improvement Program includes Peterson Park drainage and lighting projects. Peterson
Park has a drainage problem which has caused the fields to be less then ideal to play. When designed the
Peterson Park Master Pan included athletic field lighting. However, the lights were not constructed. The
City released a Request for Proposals to investigate and design improvements to improve the drainage
and to design athletic field lighting for the Park. The City received eight proposals. After review of the
proposals, interviews and reference checks, Cathcart/Begin Associates are the best qualified firm to design
the plans and specifications.
RECOMMENDATION: It is recommended that the City Council award the contract for design of plans and
specifications for Peterson Park drainage and athletic field lighting to Cathcart/Begin
Associates, Inc. for an amount not to exceed $36,860.
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been reviewed X Yes —No
by the City Attorney?
2. Does the report require a majority or 4/5 vote? MAJORITY
3. Has environmental impact been assessed? N/A _ Yes —No
4. Has the report been reviewed by a Commission? X Yes —No
Which Commission?
5. Are other departments affected by the report? X Yes _ No
Report discussed with the following affected departments: Community Services Department
REVIEWED BY:
Terrence L. Belanger Frank M. Usher llee A. Fritzal
City Manager Assistant City Manager Assistant to the City Manager
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: August 6, 1996
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: AWARD OF PROFESSIONAL SERVICES AGREEMENT FOR DESIGN OF
PETERSON PARK DRAINAGE AND ATHLETIC FIELD LIGHTING TO
CATHCART/BEGIN ASSOCIATES
RECOMMENDATION:
It is recommended that the City Council award the contract for design of plans and specifications for Peterson Park
drainage and athletic field lighting to Cathcart/Begin Associates, Inc. for an amount not to exceed $36,860.
SUMMARY:
The City's Capital Improvement Program includes Peterson Park drainage and lighting projects. Peterson Park has
a drainage problem which has caused the fields to be less then ideal to play. When designed the Peterson Park
Master Pan included athletic field lighting. However, the lights were not constructed. The City released a Request
for Proposals to investigate and design improvements to improve the drainage and to design athletic field lighting
for the Park. The City received eight proposals. After review of the proposals, interviews and reference checks,
Cathcart/Begin Associates are the best qualified firm to design the plans and specifications.
FINANCIAL SUMMARY:
The funding for the Peterson Park lighting project is being funded through Proposition A - Safe Park Discretionary
Grant, the drainage project is funded through Quimby Funds.
BACKGROUND/DISCUSSION:
One of the City Council's Goal for 1996-97 is the completion of the Peterson Park Improvements which includes
both the drainage/turf repair and installation of sports field lighting. Once the consultant is selected, a public
meeting will be conducted with area residents concerning the proposed athletic field lighting. The consultants
Cathcart/Begin Associates will conduct light spillage testing and schematics on what the park will look like with
the lighting.
Attachment: Proposal
Consultant Services Agreement
CONSULTING SERVICES AGREEMENT
THIS AGREEMENT is made as of August 6.1996 by and between the City of Diamond Bar, a
municipal corporation ("City") and Cathcart/Begin Associates-, ("Consultant").
RECITALS
A. City desires to utilize the services of Consultant as an independent contractor to provide
consulting services to City as set forth in Exhibit "A."
B. Consultant represents that it is fully qualified to perform such consulting services by virtue of
its experience and the training, education and expertise of its principals and employees.
NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions
herein contained, the parties hereto agree as follows:
1. Consultant's Services.
A. Scope of Services. The nature and scope of the specific services to be performed
by Consultant are as described in Exhibit "B."
B. Level of Services/Time of Performance. The level of and time of the specific
services to be performed by Consultant are as set forth in Exhibit "B."
2. Term of Agreement. This Contract shall take effect August 7. 1996, and shall continue
until December 30. 1996 , unless earlier terminated pursuant to the provisions herein.
3. Compensation. City agrees to compensate Consultant for each service which
Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "B."
Payment will be made only zfter submission of proper monthly invoices in the form specified by City.
Total payment to Consultant pursuant to this Agreement shall not exceed the -six thousand eight
hundred and sixty dollars dollars ($36,860).
4. General Terms and Conditions. In the event of any inconsistency between the
provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control.
5. Addresses.
City: Terrence L. Belanger Consultant:
City Manager
City of Diamond Bar
21660 East Copley Drive
Suite 100
Diamond Bar, California 91765-4177
950525 10572-00001 1sj/sd1 1092677 4
Gary L. Begin
Senior Principal
Cathcart/Begin Associates
134 S. Glassell Street
Orange, CA 92666
6. Status as Independent Consultant.
A. Consultant is, and shall at all times remain as to City, a wholly independent
contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or
otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the
conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement.
Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are
in any manner agents or employees of City.
B. Consultant agrees to pay all required taxes on amounts paid to Consultant under
this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties,
and interest asserted against City by reason of the independent contractor relationship created by this
Agreement. In the event that City is audited by any Federal or State agency regarding the independent
contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly
independent contractor relationship between City and Consultant, then Consultant agrees to reimburse
City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals
relating thereto.
C. Consultant shall fully comply with the workers' compensation law regarding
Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless
from any failure of Consultant to comply with applicable worker's compensation laws. City shall have
the right to offset against the amount of any fees due to Consultant under this Agreement any amount due
to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or
indemnification arising under this Section 6.
7. Standard of Performance. Consultant shall perform all work to the highest
professional standards and in a manner reasonably satisfactory to the City Manager or the City Manager's
designee.
8. Indemnification. Consultant is skilled in the professional calling necessary to perform
the services and duties agreed to be performed under this Agreement, and City is relying upon the skill
and knowledge of Consultant to perform those services and duties. To the fullest extent permitted by law,
Consultant hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless
the City of Diamond Bar and its elected officials, officers, attorneys, agents, employees, volunteers,
successors, and assigns (collectively "Indemnitees") from and against any and all damages, costs,
expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties,
liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other
professionals and all costs associated therewith, arising or claimed to arise, directly or indirectly, out of,
in connection with, resulting from, or related to any act, failure to act, error, or omission of Consultant or
any of its officers, agents, %rrvants, employees, subcontractors, materialmen, suppliers or their officers,
agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection
with, resulting from, or related to this Agreement or the performance or failure to perform any term,
provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity
provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by
Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This
indemnity provision shall survive the termination of the Agreement and is in addition to any other rights
or remedies which Indemnitees may have under the law. Payment is not required as a condition
precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment
against an Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under this
950525 10572-00001 Isj/sd1 1092677 4 Page 2
indemnity provision. Consultant shall pay Indemnitees for any attorneys fees and costs incurred in
enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall
be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent
that the underlying Agreement is subject to Civil Code § 2782(a) or (b) the contracting public agency's
active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b).
This indemnity is effective without reference to the existence or applicability of any insurance coverages
which may have been required under the Agreement or any additional insured endorsements which may
extend to Indemnitees.
Consultant, on behalf of itself and all parties claiming under or through it, hereby waives all rights of
subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from
all claims, losses and liabilities arising out of or incident to activities or operations performed by or on
behalf of the Consultant regardless of any prior, concurrent, or subsequent active or passive negligence
by the Indemnitees.
In the event there is more than one person or entity named in the Agreement as a Consultant, then all
obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several.
9. Insurance. Consultant shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, with an insurance company admitted to do business in
California and approved by the City (1) a policy or policies of broad -form comprehensive general
liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any
injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers,
employees, agents, and independent contractors in performance of services under this Agreement; (2)
property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance,
with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance
(errors and omissions) to cover or partially cover damages that may be the result of errors, omissions, or
negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence; and (5) worker's
compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever
is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds
on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The
policy (ies) as to comprehensive general liability, property damage, automobile liability, and professional
liability shall provide that they are primary, and that any insurance maintained by the City shall be
excess insurance only.
A. All insurance policies shall provide that the insurance coverage shall not be non -
renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to
the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior
written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the
insurance coverage.
B. Consultant agrees that if it does not keep the insurance in full force and effect,
and such insurance is available at a reasonable cost, City may take out the necessary insurance and pay
the premium thereon, and the repayment thereof shall be deemed an obligation of Consultant and the cost
of such insurance may be deducted, at the option of City, from payments due Consultant.
C. Consultant shall submit to City (1) insurance certificates indicating compliance
with the minimum worker's compensation insurance requirements above, and (2) insurance policy
endorsements indicating compliance with all other minimum insurance requirements above, not less that
950525 10572-00001 lsj/sdl 1092677 4 Page 3
one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on
City's appropriate standard forms entitled "Additional Insured Endorsement".
10. Confidentiality. Consultant in the course of its duties may have access to confidential
data of City, private individuals, or employees of the City. Consultant covenants that all data,
documents, discussion, or other information developed or received by Consultant or provided for
performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without
written authorization by City. City shall grant such authorization if disclosure is required by law. All
City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under
this section shall survive the termination of this Agreement.
it. Ownership of Materials. All materials provided by Consultant in the performance of
this Agreement shall be and remain the property of City without restriction or limitation upon its use or
dissemination by City.
12. Conflict of Interest.
A. Consultant covenants that it presently has no interest and shall not acquire any
interest, director or indirect, which may be affected by the services to be performed by Consultant under
this Agreement, or which would conflict in any manner with the performance of its services hereunder.
Consultant further covenants that, in performance of this Agreement, no person having any such interest
shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest
which would conflict in any manner with the performance of its services pursuant to this Agreement.
B. Consultant covenants not to give or receive any compensation, monetary or
otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the
performance of this Agreement. Consultant's covenant under this section shall survive the termination of
this Agreement.
13. Termination. City may terminate this Agreement with or without cause upon fifteen
(15) days' written notice to Consultant. The effective date of termination shall be upon the date specified
in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following
delivery of the notice. In the event of such termination, City agrees to pay Consultant for services
satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written
notice of termination, Consultant shall discontinue performing services.
14. Personnel. Consultant represents that it has, or will secure at its own expense, all
personnel required to perform the services under this Agreement. All of the services required under this
Agreement will be perforrned by Consultant or under it supervision, and all personnel engaged in the
work shall be qualified to perform such services. Consultant reserves the right to determine the
assignment of its own employees to the performance of Consultant's services under this Agreement, but
City reserves the right, for good cause, to require Consultant to exclude any employee from performing
services on City's premises.
15. Financial Condition. Prior to entering into this Agreement, Consultant has submitted
documentation acceptable to the City Manager, establishing that it is financially solvent, such that it can
reasonably be expected to perform the services required by this Agreement. Within thirty (30) days of
the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term
of this Agreement, Consultant shall submit such financial information as may be appropriate to establish
950525 10572-00001lsj/sdl 10926774 Page 4
to the satisfaction of the City Manager that Consultant is in at least as sound a financial position as was
the case prior to entering into this Agreement. Financial information submitted to the City Manager shall
be returned to Consultant after review and shall not be retained by City.
16. Non -Discrimination and Equal Employment Opportunity.
A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital
status, national origin, anct stry, age, physical or mental handicap, medical condition, or sexual
orientation, in the performance of its services and duties pursuant to this Agreement, and will comply
with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be
limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship.
B. Consultant will, in all solicitations or advertisements for employees placed by or
on behalf of Consultant state either that it is an equal opportunity employer or that all qualified
applicants will receive consideration for employment without regard to race, color, creed, religion, sex,
marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual
orientation.
C. Consultant will cause the foregoing provisions to be inserted in all subcontracts
for any work covered by this Agreement except contracts or subcontracts for standard commercial
supplies or raw materials.
17. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor
the performance of any of Consultant's obligations hereunder, without the prior written consent of City,
and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising
hereunder shall be void and of no effect.
18. Performance Evaluation. For any contract in effect for twelve months or longer, a
written annual administrative performance evaluation shall be required within ninety (90) days of the
first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of
this Agreement. The work product required by this Agreement shall be utilized as the basis for review,
and any comments or complaints received by City during the review period, either orally or in writing,
shall be considered. City shall meet with Consultant prior to preparing the written report. If any
noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or,
in the alternative, may terminate this Agreement as provided herein.
19. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances,
codes and regulations of the federal, state, and local governments.
20. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or
more of the conditions of performance under this Agreement shall not be a waiver of any other condition
of performance under this Agreement. In no event shall the making by City of any payment to
Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which
may then exist on the part of Consultant, and the making of any such payment by City shall in no way
impair or prejudice any right or remedy available to City with regard to such breach or default.
950525 10572-00001 Isj/sdl 1092677 4 Page 5
21. Attorney's Fees. Tin the event that either parry to this Agreement shall commence any
legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the
prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including
reasonable attorney's foes and costs, including costs oraxpert witnesses and consultants.
22. Notices. Any notices. bills, invoices, or reports required by this Areement shall be
deemed received on (a) the day of delivery if delivered by hold during regalm business hours or by
fmimile before or during regular business hours; or (b) on the third business day following deposit in
the United States mail, postage prepaid, to the addresses herctofom at forth is the Agreement, Or to such
Other addresses u the paries may, fmm time to time, desigeate in writing pursuant to the provisions of
this section.
23. Goveraing Laws. Tltis Contract shad he interpreted, cottsUuW and enforced in
accordance with the laws of the State of California.
24. Cou&terpsrts. This Agreement may be executed in any number of counterparts. each of
which shall be deemed to be the original, and al l of which together shall constitute one end the same
instrument.
25. Entire AVeMML This Agreement, and any other documents incorporated herein by
specific reference, rcpmaaent the entire and insogratod agreement between Comultant and City. This
Agreement supersedes all prior oral or written eegntistions. repreaarotiem or agreements. This
Agreement may not be amended, nor any provision or broach hereof waived, except in a writing signed
by the parties which expressly refers to this Agroersent. Amendments on bchalrof the City will only be
valid if signed by the City Manager or the Mayor and attested by the City Clerk.
26. Eshibits. All oxhibitr rvfcnvd to in this Apvoment are incorporated heroin by this
reference.
IN WITNESS 1WHgMOF, the parties have executed this Agreement as of the date first
written above.
ATTEST. CITY OF DIAMOND BAR
By: By:
City Clerk Mayor
Approved as to form: -CONSULTANT -
By: '
City Attorney
By-.-
Its:
y:Its:
ssuzs W134001"ioa6774 Page 6
ADDITIONAL INSURED ENDORSEMENT
COMPREHENSIVE GENERAL LIABILITY
Name and address of named insured ("Named Insured'):
Name and address of Insurance Company ("Company'):
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached
(the "Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The ("Public
Agency"), its elected officials, officers, attorneys, agents, employees, and volunteers are additional
insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds")
under the Policy in relation to those activities described generally above with regard to operations
performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the
payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be
primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to
contribute with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional
Insured against whom claim is made or suit is brought except with respect to the limits of the Company's
liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim
by one insured under the policy against another insured under the policy. All such claims shall covered
as third -party claims, i.e., in the same manner as if separate policies had been issued to each insured.
Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability
as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the
terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named
Insured under the indemnification and/or hold harmless provision(s) contained in or executed in
J-1 ADDITIONAL INSURED ENDORSEMENT
950525 10572-00001 Isj/sdl 1092677 4 COMPREHENSIVE GENERAL LIABILITY
conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured
and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation,
change in coverage, reduction of limits (except as the result of the payment of claims), or non -renewal
except after written notice to Public Agency, by certified mail, return receipt requested, not less than
thirty (30) days prior to the effective date thereof. In the event of Company's failure to comply with this
notice provision, the policy as initially drafted will continue in full force and effect until compliance with
this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional
Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of
or incident to the perils insured against in relation to those activities described generally above with
regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent,
or subsequent active or passive negligence by the Additional Insureds.
8. It is hereby agreed that the laws of the State of California shall apply to and govern the
validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
10. Except as stated above and not in conflict with this endorsement, nothing contained
herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to
which this endorsement is attached.
TYPE OF COVERAGES TO WHICH
THIS ENDORSEMENT ATTACHES
POLICY PERIOD
FR /TO
LIMITS OF
LIABILITY
11. Scheduled items or locations are to be identified on an attached sheet. The following
inclusions relate to the abov- coverages. Includes:
J-2 ADDITIONAL INSURED ENDORSEMENT
950525 10572-00001 lsj/sdl 1092677 4 COMPREHENSIVE GENERAL LIABILITY
❑ Contractual Liability
❑ Owners/Landlords/Tenants
❑ Manufacturers/Contractors
❑ Products/Completed Operations
❑ Broad Form Property Damage
❑ Extended Bodily Injury
❑ Broad Form Comprehensive
❑ General Liability Endorsement
❑ Explosion Hazard
❑ Collapse Hazard
❑ Underground Property Damage
❑ Pollution Liability
❑ Liquor Liability
n
12. A ❑ deductible or ❑ self-insured retention (check one) of $ applies
to all coverage(s) except:
(if none, so state). The deductible is applicable ❑ per claim or ❑ per
occurrence (check one).
13. This is an ❑ occurrence or ❑ claims made policy (check one).
14. This endorsement is effective on
of Policy Number
at 12:01 A.M. and forms a part
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind
the Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed
Phone No.: ( )
19
Signature of Authorized Representative
(Original signature only; no facsimile signature
or initialed. signature accepted)
J-3 ADDITIONAL INSURED ENDORSEMENT
950525 10572-00001 Isj/sdl 10926774 COMPREHENSIVE GENERAL LIABILITY
ADDITIONAL INSURED ENDORSEMENT
AUTOMOBILE LIABILITY
Name and address of named insured ("Named Insured'):
Name and address of Insurance Company ("Company'):
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached
(the "Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The
("Public Agency"), its elected officials, officers, attorneys, agents, employees, and volunteers are
additional insureds (the above named additional insureds are hereafter referred to as the "Additional
Insureds") under the Policy in relation to those activities described generally above with regard to
operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability
for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be
primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to
contribute with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional
Insured against whom claim is made or suit is brought except with respect to the limits of the Company's
liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim
by one insured under the policy against another insured under the policy. All such claims shall covered
as third -party claims, i.e., in the same manner as if separate policies had been issued to each insured.
Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability
as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the
terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named
Insured under the indemnification and/or hold harmless provision(s) contained or executed in
conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured
and the Additional Insureds.
J-4 ADDITIONAL INSURED ENDORSEMENT
AUTOMOBILE LIABILITY
950525 10572-00001 Isj/sdl 1092677 4
6. The policy to which this endorsement is attached shall not be subject to cancellation,
change in coverage, reduction of limits (except as the result of the payment of claims), or non -renewal
except after written notice to Public Agency, by certified mail, return receipt requested, not less than
thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this
notice provision, the policy as initially drafted will continue in full force and effect until compliance with
this, notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional
Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of
or incident to the perils insured against in relation to those activities described generally above with
regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent,
or subsequent active or passive negligence by the Additional Insureds.
8. It is hereby agreed that the laws of the State of California shall apply to and govern the
validity, construction, interpretation, and enforcement of this contract of insurance.
This endorsement and all notices given hereunder shall be sent to Public Agency at:
10. Except as stated above and not in conflict with this endorsement, nothing contained
herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to
which this endorsement is attached.
TYPE OF COVERAGES TO WHICH POLICY PERIOD
THIS ENDORSEMENT ATTACHES FROM/TO
LIMITS OF
LIABILITY
11. Scheduled items or locations are to be identified on an attached sheet. The following
inclusions relate to the above coverages. Includes:
❑ Any Automobiles
❑ All Owned Automobiles
❑ Non -owned Automobiles
❑ Hired Automobiles
❑ Truckers Coverage
❑ Motor Carrier Act
❑ Bus Regulatory Reform Act
❑ Public Livery Coverage
J_5 ADDITIONAL INSURED ENDORSEMENT
AUTOMOBILE LIABILITY
950525 10572-00001 lsjlsdl 1092677 4
❑ Scheduled Automobiles ❑
❑ Garage Coverage ❑
12. A ❑ deductible or ❑ self-insured retention (check one) of $
applies to all coverage(s) except:
(if none, so state). The deductible is applicable ❑ per
claim or ❑ per occurrence (check one).
13. This is an ❑ occurrence or ❑ claims made policy (check one).
14. This endorsement is effective on at 12:01 A.M. and forms a part of Policy
Number
1, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind
the Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed
Phone No.: ( )
19
Signature of Authorized Representative
(Original signature only; no facsimile signature
or initialed signature accepted)
J-6 ADDITIONAL INSURED ENDORSEMENT
95052510572-000011sj/sdl10926774 AUTOMOBILE LIABILITY
ADDITIONAL INSURED ENDORSEMENT
EXCESS LIABILITY
Name and address of named insured ("Named Insured'):
Name and address of Insurance Company ("Company'):
General description of agreement(s), permit(s), license(s), andlor activity(ies) insured:
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached
(the "Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The
("Public Agency"), its elected officials, officers, attorneys, agents, employees, and volunteers are
additional insureds (the above named additional insureds are hereafter referred to as the "Additional
Insureds") under the Policy in relation to those activities described generally above with regard to
operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability
for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be
primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to
contribute with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional
Insured against whom claim is made or suit is brought except with respect to the limits of the Company's
liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim
by one insured under the policy against another insured under the policy. All such claims shall covered
as third -party claims, i.e., in the same manner as if separate policies had been issued to each insured.
Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability
as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the
terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named
Insured under the indemnification and/or hold harmless provision(s) contained in or executed in
J-7 ADDITIONAL INSURED ENDORSEMENT
950525 10572-00001 Isj/sdl 1092677 4 EXCESS LIABILITY
conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured
and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation,
change in coverage, reduction of limits (except as the result of the payment of claims), or non -renewal
except after written notice to Public Agency, by certified mail, return receipt requested, not less than
thirty (30) days prior to the.effective date thereto. In the event of Company's failure to comply with this
notice provision, the policy as initially drafted will continue in full force and effect until compliance with
this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional
Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of
or incident to the perils insured against in relation to those activities described generally above with
regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent,
or subsequent active or passive negligence by the Additional Insureds.
8. It is hereby agreed that the laws of the State of California shall apply to and govern the
validity, construction, interpretation, and enforcement of this. contract of insurance.
This endorsement and all notices given hereunder shall be sent to Public Agency at:
10. Except as :-tated above and not in conflict with this endorsement, nothing contained
herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to
which this endorsement is attached.
TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF
THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY
❑ Following Form
❑ Umbrella Liability
11. Applicable underlying coverages:
INSURANCE COMPANY POLICY NO.
AMOUNT
J-8 ADDITIONAL INSURED ENDORSEMENT
950525 10572-00001 lsj/sdl 10926774 EXCESS LIABILITY
12. The following inclusions, exclusions, extensions or specific provisions relate to the
above coverages:
13. A ❑ deductible or ❑ self-insured retention (check one) of $ applies
to all coverage(s) except:
(if none, so state). The deductible is applicable ❑ per claim or ❑ per occurrence (check one).
13. This is an ❑ occurrence or ❑ claims made policy (check one).
14. This endorsement is effective on
of Policy Number
at 12:01 A.M. and forms a part
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind
the Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed
Phone No.:( )
19
Signature of Authorized Representative
(Original signature only; no facsimile signature
or initialed signature accepted)
J-9 ADDITIONAL INSURED ENDORSEMENT
950525 10572-00001 Isj/sd110926774 EXCESS LIABILITY
CITY OF DIAMOND BAR
CITY COUNCIL REPORT
MEETING DATE: August 6, 1996
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Managed
l
SUBJECT: Budget Adjustment for Building and Safety Contract Services
RECOMMENDATION:
It is recommended that the City Council of the City of Diamond Bar approve 1) an increase in the
expenditure account for the Building and Safety Contract Services by $14,100.00; and, 2)
increase Purchase Order 3279 by $14,100.00. All the recommended changes are attributable to
FY 1995-96.
DISCUSSION:
The City FY 1995-96 budget expenditure estimate for Building and Safety Contract Services was
$200,000. Purchase Order No. 3279 was issued, to D&J, to authorize expenditures, for FY
1995-96, of $200,000. Building and Safety service expenditures are based on a percentage of the
building permit and plan checking revenues. Revenues have exceeded estimates and there have
been hourly rate services performed which have resulted in approximately $14,100 more in
expenditures. In order to cover increased expenditures, it is recommended that the City Council
of the City of Diamond Bar approve a budget adjustment in the amount of $14,100; and, increase
Purchase Order No. 3279 by $14,100.00.
PREPARED BY:
Anne Haraksin,
Administrative Assistant
INTEROFFICE MEMORANDUM
CITY OF DIAMOND BAR
TO: Mayor and City Council
FROM: Terrence L. Belanger, City Manager,
6
SUBJECT: Morshed and Associates/Ewing Group - Legislative Advocacy Agreement
DATE: August 6, 1996
RECOMMENDATION: It is recommended that the City Council authorize an
additional $12,000 for legislative advocacy services for Morshed and Associates and the
Ewing Group.
DISCUSSION: On December 19, 1995, the City Council approved agreements with
Morshed and Associates and the Ewing Group for legislative advocacy services. At that
time, the City Council approved an expenditure of $9,500 for said legislative advocacy
services which were related primarily to the 1996 State Transportation Improvement
Program (STIP) approval, Morshed and Associates and the Ewing Group have been
providing legislative advocacy services related to legislation of interest to the City. The
1996 legislative session will continue through August; perhaps September.
Consequently, an additional authorization of monies is required. Morshed and
Associates and the Ewing Group are retained at a rate of $3,000 per month. Therefore,
it is recommended that the City Council authorize an additional $12,000.
nbw
�isq 04& IJZ"Mwz4w i3n3
AGENDA REPORT AGENDA NO. `7
TO: Terrence L. Belanger, City Manager
MEETING DATE: August 6, 1996 REPORT DATE: August 1, 1996
FROM: George A. Wentz, City Engineer
TITLE: Approval of Resolution No. 96 -XX adopting the Local Implementation
Report (LIR) and certify that the City of Diamond Bar meets the conformity
criteria of the 1995 Congestion Management Program (CMP).
SUMMARY: The Congestion Management Program (CMP) requires the City of
Diamond Bar to track development activity and transportation improvements in
the City by adopting a Local Implementation Report (LIR). The LIR, which is
to be submitted to the Los Angeles County Metropolitan Transportation
Authority (LACMTA), ascertains that the City complies with the conformity
criteria of the 1995 CMP. The City, based on its construction and demolition
activities occurring between June 1, 1995 and May 31, 1996, generated 177
debits. These debits were offset by the City's transportation credit/claims
which totaled 66,832 points.
RECOMMENDATION: That the City Council approve Resolution No. 96 -XX adopting
the Local Implementation Report (LIR) and certify that the City of Diamond
Bar meets the conformance criteria of the 1995 Congestion Management Program
(CMP).
LIST OF ATTACHMENTS: X Staff Report Public Hearing
Notification
X Resolution(s) Bid specification (on file
in City Clerk's Office)
Ordinances(s) X Other: Deficiency Plan Status
Agreement(s) Summary, New Develop-
ment Activity Rpt. and
Transp. Impr. Credit
Claims
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? X Yes No
Report discussed with the following affected departments: Community Dev.
REVIEWED BY:
MEETING DATE:
TO:
CITY COUNCIL REPORT
AGENDA NO.
August 6, 1996
Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Approval of Resolution No. 96 -XX adopting the Local
Implementation Report (LIR) and certify that the City of
Diamond Bar meets the conformity criteria of the 1995
Congestion Management Program (CMP)
ISSUE STATEMENT:
Adopt the Local Implementation Report (LIR) which tracks development activity
and transportation improvements in the City of Diamond Bar and certify that
the City of Diamond Bar meets the conformity criteria of the 1995 Congestion
Management Program (CMP).
RECOMMENDATION:
That the City Council adopt Resolution No. 96 -XX adopting the Local
Implementation Report (LIR) and certify that the City of Diamond Bar meets
the conformance criteria of the 1995 Congestion Management Program (CMP).
FINANCIAL SUMMARY:
The City of Diamond Bar receives various gas taxes, State and Federal Funds
as sources for Public Works operations and Capital Improvement Projects
(CIP). The City must report it's compliance with Congestion Management Plan
requirements annually. If the City does not comply, the State may withhold
our monies for non-compliance.
BACKGROUND/DISCUSSION:
The Congestion Management Program (CMP) was enacted by the state legislature
with the passage of Assembly Bill 471 (1989), as amended by Assembly Bill
1791 (1990), 1435 (1992), and 3093 (1992). The passing of the CMP statute
was aimed at addressing congestion relief and the diminishing quality of life
occurring in many communities. The requirements of the CMP became effective
with vote approval of Proposition 111 in June 1990. The Los Angeles County
Metropolitan Transportation Authority (LACMTA) is the agency responsible for
the administration of the CMP.
The CMP requires the City to track development activity and transportation
improvements in the City of Diamond Bar. Development activity is associated
with debits and transportation improvements generate credits. The intent is
to balance the two factors. The CMP requires jurisdictions to adopt and
submit to LACMTA a Local Implementation report (LIR) which states the City's
positive balance. Those jurisdictions with negative balance are in
noncompliance with the CMP which may result in the withholding of gas tax
revenues or eligibility for transportation grant funds.
Page Two
CMP
August 6, 1996
The purpose of the LIR is to demonstrate that the City of Diamond Bar
complies with the requirements of the 1995 CMP. According to the 1995 CMP,
the LIR must include the following:
* Resolution of Conformance;
* Deficiency Plan Status Summary
* New Development Activity Report; and
* Transportation Improvements Credit Claims.
The City of Diamond Bar, based on its construction and demolition activities
occurring between June 1, 1995 and May 31, 1996, generated 177 debits. These
debits were off -set by the City's transportation credit claims which totaled
66,832 points. Based on the City's ability to achieve a positive credit
balance of 66,655 points (66,832-177), the City will remain in compliance
with the CMP.
Prepared By:
David G. Liu/Tsedav Aberra
RESOLUTION NO. 96-
A RESOLUTION OF THE CITY OF DIAMOND BAR, CALIFORNIA,
FINDING THE CITY OF DIAMOND BAR TO BE IN CONFORMANCE WITH
THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE
CMP LOCAL IMPLEMENTATION REPORT, IN ACCORDANCE WITH
CALIFORNIA GOVERNMENT CODE SECTION 65089
A. Recitals.
(i) The Los Angeles County Metropolitan Transportation
Authority ("MTA'•), acting as the Congestion Management Agency for
Los Angeles County, adopted the 1995 Congestion Management Program
in November 1995; and
The adopted CMP requires that MTA annually determine
that the County and cities within the County are conforming to all
CMP requirements; and
(iii) The adopted CMP requires submittal to the MTA of the
CMP local implementation report by September 1, 1996; and
(iv) The City Council held a noticed public hearing on
August 6, 1996.
B. Resolution.
NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF DIAMOND
BAR DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. That the City Council has taken all of the
following actions, and that the City is in conformance with all
applicable requirements of the 1995 CMP.
The City has locally adopted and continues to implement a
transportation demand management ordinance, consistent with the
minimum requirements identified in the CMP Transportation Demand
Management Chapter.
The City has locally adopted and continues to implement a land
use analysis program, consistent with the minimum requirements
identified in the CMP Land Use Analysis Program Chapter.
The City has adopted a Local Implementation Report, attached
hereto and made a part hereof, consistent with the requirements
identified in the CMP. This report balances traffic congestion
impacts due to growth within the City with transportation
improvements, and demonstrates that the City is meeting its
responsibilities under the Countywide Deficiency Plan.
Section 2. That the City Clerk shall certify to the
adoption of this Resolution and shall forward a copy of this
Resolution to the Los Angeles County Metropolitan Transportation
Authority.
PASSED, APPROVED AND ADOPTED this day of , 1996.
Mayor
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby
certify that the foregoing Resolution was passed, approved and
adopted at a regular meeting of the City Council of the City of
Diamond Bar held on day of , 1996, by the following
Roll Call Vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAINED: COUNCILMEMBERS:
LYNDA BURGESS, City Clerk
City of Diamond Bar
Locallmplementation Report
DEFICIENCY PLAN STATUS SUMMARY
REPORTING PERIOD: JUNE 1, 1995 - MAY 31,1996
1. Total Current Congestion Mitigation Goal
(-) 177
2. Transportation Improvement Credit Claims
(+) 4,726
Subtotal Current Credit
(_) 4,549
3. Carryover Credit from Last Year's Local
Implementation Report
(+) 62,106
NET DEFICIENCY PLAN BALANCE
(_) 66,655 ::]
The Planning Center City of Diamond Bar
Reporting Period. June 1, 1995 - May 31, 1,996
LocalImplementation Report
NEW DEVELOPMENT ADJUSTMENTS
RESIDENTIAL DEVELOPMENT ACTIVITY
Category
Number of Dwelling Units
Impact Sub -total
Value
Single Family
Multi -Family
Group Quarters
x 6.80 =
x 4.76 =
x 1.98 =
COMMERCIAL DEVELOPMENT ACTIVITY
Category
Thousands of
Gross Square Feet
Value per Sub -total
1000 sq. ft.
Commercial 0-299 KSF
Commercial 300+ KSF
Free Standing
Eating and Drinking
x 22.23 =
x 17.80 =
x 66.99 =
NON -RETAIL DEVELOPMENT
ACTIVITY
Category
Thousands of
Gross Square Feet
Value per Sub -total
1000 sq. ft.
Lodging
Industrial
Office 0-49 KSF
Office 50-299 KSF
Office 300 + KSF
Medical
Government
Institutional/Education
University
x 7.21 =
x 6.08 =
x 16.16 =
x 10.50 =
x 7.35 =
x 16.90 =
x 20.95 =
x 7.68 =
x 1.66 =
Per Student
Other (Describe)
Daily Trips
Impact Sub -total
Value
x 0.71 =
F_ 0
The Planning Center City of Diamond Bar
Reporting Period. June 1, 1995 • May 31, 1996
Local lmplementation Report
NEW DEVELOPMENT ACTIVITY
RESIDENTIAL DEVELOPMENT ACTIVITY
Category
Number of Dwelling Units
Impact Sub -total
Value
Single Family
Multi -Family
Group Quarters
26
x 6.80 = 177
x 4.76 =
x 1.98 =
COMMERCIAL DEVELOPMENT
ACTIVITY
Category
Thousands of
Gross Square Feet
Value per Sub -total
1000 sq. ft.
Commercial 0-299 KSF
Commercial 300+ KSF
Free Standing
Eating and Drinking
x 22.23 =
x 17.80 =
x 66.99 =
NON -RETAIL DEVELOPMENT ACTIVITY
Category
Thousands of
Gross Square Feet
Value per Sub -total
1000 sq. ft.
Lodging
Industrial
Office 0-49 KSF
Office 50-299 KSF
Office 300 + KSF
Medical
Government
Institutional/Education
University
x 7.21 =
x 6.08 =
x 16.16 =
x 10.50 =
x 7.35 =
x 16.90 =
x 20.95 =
x 7.68 =
x 1.66 =
Per Student
Other (Describe)
Daily Trips
Impact Sub -total
Value
x 0.71 =
ADJUSTMENTS (OPTIONAL) - Complete Part 2 = +01
TOTAL CURRENT CONGESTION MITIGATION GOAL (POINTS) = 177
The Planning Center City of Diamond Bar
Reporting Period. June 1, 1.995 - May 31, 1996
Local Implementation Report
Golden Springs Drive Bike Lane
1. Project Number 2. Strategy
1 212. Bicycle Path
3. Project Description
Golden Springs Drive Improvement Project included upgrade of Class III bike route to Class
II bike lane on Golden Springs Drive from Diamond Bar Blvd to Sylvan Glen Road.
3a. Reference Documentation
Available upon request.
4. Project Scope (Units)
5. Credit Factor
6. Project Credit Value
LI route miles
7001 route mile
770
7. Expected Completion Date
8. Project Cost
9. Local Participation (%)
May 6, 1996
38,400 (SB821)
100%
10. Current Milestone
11. Milestone Factor
12. Net Current Value
3
100%
770
Signal Synchronization
1. Project Number
2. Strategy
2
208. Traffic Signal Synchronization
3. Project Description
Time -based control installed on Grand Avenue (4 -lane CMP Arterial) from SR -57 to
Longview.
3a. Reference Documentation
Available upon request.
4. Project Scope (Units)
5. Credit Factor
6. Project Credit Value
2 route miles
1,840/1ane mile
3,680
7. Expected Completion Date
8. Project Cost
9. Local Participation (%)
Nov. 17, 1995
$1.144 million
100%
10. Current Milestone
11. Milestone Factor
12. Net Current Value
3
100%
3,680
Project Cost = Gas Tax $300,000; Prop C $420,000; Grand Avenue Mitigation Fund $404,000; SB821 $20,000.
The Planning Center City of Diamond Bar
Reporting Period.• June 1, 1995 • May 31, 1996
Local Implementation Report
Transit Fare Subsidies
1. Project Number
1. Project Number
r2.Strategy
329. Dial -a -Ride Service
3
311. Transit Fare Subsidy Program
3. Project Description
passengers. Dial -a -Cab offers 24-hour demand -responsive service daily within 30 minutes,
the previous service was available from Sam to Spm, 5-days/week and required 24-hour
The City subsidizes transit passes at 20% and 50% discount for the general public and
seniors/handicapped, respectively.
Available upon request.
4. Project Scope (Units)
3a. Reference Documentation
6. Project Credit Value
59 passengers
Available upon request.
266
7. Expected Completion Date
4. Project Scope (Units)
5. Credit Factor
6. Project Credit Value
249 passes/month (general)
0.2/100 passes (general)
.50
24 passes/month (sen/dis)
37/100 passes (sen/dis)
9.25
7. Expected Completion Date
8. Project Cost
9. Local Participation (%)
current
Prop A
100%
10. Current Milestone
11. Milestone Factor
12. Net Current Value
3
1 100%
10
Dial -a -Cab Service
1. Project Number
2. Strategy
4
329. Dial -a -Ride Service
3. Project Description
The City has replaced its Dial -a -Ride service (5 passengers/weekday) with a Dial -a -Cab
program. The new program services 64 passengers per weekday, an increase of 59
passengers. Dial -a -Cab offers 24-hour demand -responsive service daily within 30 minutes,
the previous service was available from Sam to Spm, 5-days/week and required 24-hour
reservation.
3a. Reference Documentation
Available upon request.
4. Project Scope (Units)
5. Credit Factor
6. Project Credit Value
59 passengers
4.5 /passenger
266
7. Expected Completion Date
8. Project Cost
9. Local Participation (%)
current
Prop. A
100%
10. Current Milestone
11. Milestone Factor
1
12. Net Current Value
3
100%
266
The Planning Center City of Diamond Bar
Reporting Period.- June 1, 1995 • May 31, 1996
INTEROFFICE MEMORANDUM
CITY OF DIAMOND BAR
TO: Mayor and City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Designation of Council Member to Sign Resolution Nos. 95-21 and 95-22
(Tentative Tract Map No. 51253-Sasak)
DATE: August 6, 1996
RECOMMENDATION:
It is recommended that the City Council designate a member of the City Council to sign
Resolution No. 95-21 and Resolution No. 95-22, which approved Tentative Tract Map
No. 51253 (Sasak).
DISCUSSION:
The City Council approved Resolution Nos. 95-21 and 95-22, on May 17, 1995. Resolution
Nos. 95-21 and 95-22 approved Tentative Tract Map (TTM) No. 51253 (Sasak), which approved
a 21 lot subdivision, on 6.7+/- acres of land. At the time of the approval of Resolution Nos. 95-
21 and 95-22, there was reported indications of geologic instability on the Sasak property. The
reports of the geologic situation were significant enough to cause the City Council to require the
satisfaction of specific conditions precedent, by Sasak, before Resolution Nos. 95-21 and 95-22
would be signed and the TTM No. 51253 would be approved.
The conditions precedent are Conditions 59, 60, 61, and 62 of Conditions of Approval to TTM
51253. The City Council directed Sasak to perform and satisfy those conditions before the Mayor
would be authorized to sign the resolutions of approval (Resolution Nos. 95-21 and 95-22).
Recently, the applicant, Sasak Development, performed the last of the conditions precedent,
which was to tender a $250,000 faithful performance bond related to the cost of remediation of
the impacts of the geologic instability and land movement. With the satisfaction of the conditions
precedent, Resolution Nos. 95-21 and 95-22 are ready for the appropriate signature.
In the Manual for City Council Members, which was provided to the City, in June 1989, Part II,
Section 3. 1, Presiding Officer, states in part:
"The Mayor shall be the Presiding Officer at all meetings of the City Council. In the
absence of the Mayor, the Mayor Pro Tempore shall preside. In the absence of the
Mayor and the Mayor Pro Tempore, the Council shall elect a temporary Presiding Officer..."
Part II, Section 3.5, Signing of Documents, of the Council Members Manual states:
"..., the Mayor shall sign ordinances, resolutions and contracts approved by the Council,
at meetings, at which he or she is in attendance. In the event of his or her absence, the
Mayor Pro Tempore shall sign all such documents as have been adopted and approved by
the Council. In the absence of the Mayor and Mayor Pro Tempore, the temporary
Presiding Officer shall sign all such documents as have been approved and adopted during
the meeting at which he or she presided."
The Mayor who presided at the May 17, 1995, Council is no longer a member of the City
Council. The Mayor Pro Tempore at the May 17, 1995, Council meeting continues to be a
member of the Council; but, no longer serves as the Mayor Pro Tempore. Resolution Nos. 95-21
and 95-22 were presented for signature to current Mayor, after the conditions precedent were
satisfied. The Mayor declined signing the resolutions. The current Mayor was a member of the
Council at the time the Resolutions were approved. The current Mayor Pro Tempore also de-
clined signing the resolutions. The current Mayor Pro Tempore was not a member of the Council
when the Resolutions were approved.
In order to have the Resolutions signed, it is necessary for the City Council to designate a Council
Member to sign the documents. It is suggested that the member designated be one who was
present and voting at the meeting (May 17, 1995) whereat Resolution Nos. 95-21 and 95-22 were
approved.
nbw
3L. Sphi. 0114
Pw#314jW-3032
Jkwe 26, 1996
Mr. Terry Belanger, City Manager
City of Diamond Bar
21660 Copley Drive, Suite 100
Vi.amond Bar., CA 91765
Dear Mr. Belanger.
I -ha now been five days since we last spoke
t
would be signed early this week. You know i
resolution I will bogie the rcrnediation as sho
Also, my premium is won to be renewed on
place at the City's request. Furdw delays in i
resolution will cost me e,&a dollars.
Finally, while I am anxious to begin the reme
me up, and this is creating a nuisance by dela
negligence, misconduct and breach of Counc:
comply, then, if necessary, I will initiate lega
to stay friendly with City but if you leave me
and you indicated that Ifie: respu
hat as soon as I Teeme the sig
wn onMY approved pilanJ
he letter of credit/bo6d that is
he completion of my signed
diation of the site, the City ishDl��-
(ring my remediation; Dine to qity's
approved resolutioz, of city f" to
I action against the City. Plev, T We
.no choice I will begin prbceedin$s. 1 -1 :1 , I I
6 1
A.6A.i,!'�compoRATION
i
PROPERTY MANAGEW14T & DEVELOPMENT
P.O. Box 1153, Upland, I:A 91785-1153
F x,X
1
DA
r N0.
TO:: T� FR(
RE:~ 406 as3 P�-Jt
FA:
Reanarl-s: �4 Urgent D For your Review O
Messa�c:
CITY OF DIAMOND BAR
INTEROFFICE MEMORANDUM
r
TO: Tommye Cribbins, Deputy City Clerk
FROM: James De Stefano, Community Development D4
SUBJECT: Status Report Regarding City Council Resolution Nos. 5-21 and 95-22
(Tentative Tract Map No. 51253 - SASAK)
DATE: August 1, 1995
The following information is provided in response to your inquiry this morning regarding the status of
the TTM 51253 resolutions.
Resolution Nos. 95-21 and 95-22 were approved by the City Council on May 17, 1995. The
approvals contain specific language prohibiting the execution of the resolutions until the applicant
satisfies certain conditions. In addition, the resolutions state that the map shall not be deemed
approved unless the specific conditions are fulfilled. The City Councils intent and direction was
clearly stated to the applicant and staff. Please do not execute the resolutions as the applicant has not
completed his obligations.
Please contact me should you have any questions or need for further information.
attachment - City Council Resolution Nos. 95-21 and 95-22
JDS:mco
cc: Terrence Belanger, City Manager
Michael Jenkins, City Attorney
George Wentz, City Engineer
Project file
CITY OF DIAMOND BAR
MEMORANDUM
TO: Honorable Mayor and City Council Members
FROM: Terrence L. Belanger, City Manager
SUBJECT: ESTABLISHMENT OF A COMMUNITY SERVICES CENTER AT
COUNTRY HILLS TOWNE CENTER
DATE: July 31, 1996
RECOMMENDATION:
It is recommended that the City Council approve the establishment of a Community Services
Center at the Country Hills Towne Center and authorize the Mayor to execute a two year
license agreement with M & H Property Management, Inc.
FINANCIAL SUMMARY:
The lease would be $1,294.50 per month ($.050 per sq. ft.) for a total of $15,534 a year. In
addition there will be common -area expenses at approximately $0.39 per sq. ft. for $1,009.71
per month for a total of $12,117 per year. In addition. the City would be responsible for the
utilities (electric and phone) which is estimated at $2,500 per year.
The total yearly expenditures including rent, common area expenses, utilities would be a
$30,151. A budget adjustment is required to account for the common area maintenance
charges.
SUMMARY:
The establishment of a Community Services Center at the County Hills Towne Center was
discussed during the City's budget process. The proposed Center would include: recreation
office space and drop-in class registration; offices for the Sheriff's Department which could
include the Community Volunteer Patrol, COPS, Special Problems Team, SANE Deputy and
various other Sheriff support services. The Center includes two class rooms for both the City
and Sheriff sponsored programs.
The proposed Center would be at the County Hills Towne Center, Suite "B", which is located
in the north facing building at the south end of the parking lot.
KF
MC4H
PROPERTY MANAGEMENT INC.
July 11, 1996
Ms, Kellee Fritzal
City of Diamond Bar
21660 East Copley Drive, Suite 100
Dianwnd Bar, CA 91765
Fa)c (909) 861-3117
Lear Kellee:
172I W. Imperial Highway, Suite G
LaHabra, California 906.31
1°h: (370) 691-59%
Fax: (310) 691-2172
Attached please find a final draft of the Lkense Agreement for your review.
As you discussed earlier with Carol Kamo, the 1996 estimates for the Common Area Expense are
$.39 per square foot.
Please call me if you have any questio&
Smcere]y,
M&H Property Managenwnt, Inc.,
on behalf of M&H Realty Partners H LP
N
1. Parnas and Dasa. This Ucems Ag meomm is made as. of ]aly 11, 1996
(" eommet-), by and beft o HCH REALTY PARTNERS If LP, a
CalRoreia litised partaersiip,, ('Marti"), and tie City of Dbsand Bar
("Uceosee" ).
2. fkunlm& The Pi are located at 21345 Coil Sprig Lane, Sake
B Dbmoad dais, CA, id do Comma y HM Taro* Center ("Shopping Com).
Tie Siopplag Center aeyd Prruaites arse depicted 10 apIP 0 J-- - I - location on
IF A attacW Irer�eoo al 6 cotI n med herdrr by rduakoe. The Premises
c,oaraios >�ppr+ord■tateh► 2,589 square Meet.
3. twit so Emw MBR grvm to Licssee a �Amlve
revocable aceate to eow lire ft for tfw sole purpose set forth in Paragraph
6 ia+eof and for so other perp uk siject to Lioeasee's corrpMmm with at of the
teres of thk license Agrreuterrt.
4. $am& Ucessee shat pay to MBH, wiitiout dem oC dedectdon or
offset, at tie address stafed b Parwrapi 21, or to socio odrer persona or at sack
other pbm as Madl Ftp► deme L vnkk& siuia� rst ( Rout")
in tie asoma of One Tiwataad Two ffrtadmd INN- 9 - and 50/100 Dolms
($1,294.SO) per omouti. Iranian k Resit shat be psiyabit it advance in moaft
iustaDtuaaes m or before the f m day of am& and every aeoutlr of tie Tenor from
and afar the Remal Coatiatreuauoeat Woe (a$ ieI I baht); pe+aM04 ivwevery
tie first ■NMWS Pfibr R=t shall be p0) 10 by Liaatee I =Kldou of
tbb License Apm. Pflniis■a Rant for any palm I lag die Term which is
for less that one calendar mouth sly be a pm rata pordm of the moatW
iastaDoeat.
S. T a. This Up Agreemmt Is for a term Of two (2) years
eoarmumftg forW-d m (45) drys after de kwy of pomaion of tie Prmd m
(ArReerta! Cowt Dates') subject to earlier tenni udon by either MBH or
Licensee v kin birth► (30) drys writbea notice.
6. U. Tic Prremiees shwa be used solely for genera[ oigiee ase related to
various cfvu acdvieies bciadbg tie City's Comsaoity Volunteer Program,
registnadoa for tie City's Reauetiorr Depertreat's acdv des, and/or a polm sub-
station and relaeod uta wild siva In eio woo irtarfere or advesseiy affect tine
operfttioa of the Shopping Causer.
7.
1 a tie Rental Commmcumm Dente and thereafter on the
first del► of ea& cafaudtr raoati of do Lente Terse, Liawsee shwa to Mail,, as
adddoMal rein, (1/12th) of= amo■trt remoomm by MacH
to be Liceoeea�sol� R Slrara (as 6eneir dWked) of the Notal uLmd common
area eecpeates, real propwty taxies and assestrre■ea, and tie costs of MBH's
inseoaeoe,
28 defitr 1 6elow. Liaewsee. 5 !iro Rata Share sial SOW the ratio of the.
total square feet of the floor area of Licenwe's Premises to the tataa square feet
ant of floor ansa of dw buiiW occ*W i• the VA*ppins Center as of the end of
each calender year. LlMMes lrro Data Sime shall be =61" to a4ustoeat by
M41H to r edea Ucom ees slim of a so di itr oat that is mot appacoe to an the
Liceisees midi the Sheppieg Cwater. 14UM gray a4m its estivate of sack
expenses at the mod 0 ary calendrr erir on the bawls of Ma Ws expe rieam and
the Beate of Combs. Faf the, end of meth cider yearn (aid after
orjoeftw-
Lioarsee a stacoment his In �erereiM aetei dire Ce )inionam eocpenses, red
property taxes aid amiaesrnatas acrd aembs of IrfWS iwaraanot iI S sods caaeadar
yew (or o u Boar dhersef parlor to tie illl 'isa or stonier tiera■imtioe of this
Lease). MEH dof we me -JL ie oft &s eo delver u Kk statomw to 1. camwe
widdn one bwWh d tare " (1110) d s fol - ImS tie end of ewe calender Year. U
Eioeasee's stere of jamb webs erooeeaie Lk=m ens pap■reits so made, Lioeisee shalt
pay HM the de0tienq wfiii twenty (20) delis after nrob of such stabmmsmt.
!f such pagrueuabs owned Lioe■ners d re of semi Cats, Lioeieee sial be entitled to
creik the meccas a dwe ppwnc for jack emu nau damreeEte+r to become dee
MOM as set forth abeaM. tlpen tarisrios-ierr of dhis Lew, 1f Lis o is not an
dehuit hers®dar, M!H sial ps+oa*gb r+ — to Licensee the arioat of my
excess.
S. Cdrr,sos Are&
8.1 C�Am'. "Coahrvov Ana" as defined as as areas and
fadHties rriddR tit Shopphrs C. now Cot aprspsieoed to the exchoWe oacapascy
of Lic■asees, ihciedWs A w[kb perkbg spoves; or area, meed:, trafMc lases,
drlvewa", jii —'M,1- as ries w , Yndscaped armor sbos, service deNvay
fit c Ekle4 cosivahon jtora/e areas, co■rohorh w0gi facMdes aid al oder teas for
sort-exciairI an is the Shopping Cower wYdt my from thee to thine Wit.
8.Y The term "Comahos ane expenses"
shag iehmiade, without r■itatioo, A am oarnts paid by MaW for the ahabM*Luce,
begin, rsplaaeueesd. o�eratloi aid mama -sweat of eke Coororon Area,
6tseavice carerihhp dee Conr■rou Arta, aodsdher wkh em aiieistrative fee equal
to Mees pet+ em (15%) of al such annommts, lad shay idode, without
timitadon,, do totem of serrievI gj larrieeapivp. rspavins, rssatfacahs, resuipis,
repair, iWihterherhaat, aid repiearent of I mW wrs, dbvcdood sissas aid other
markers, replaoememcsti r -j d i, pdallm mitis ave eidrer wdldts, daehm,
trash reaaowaL depncistisv and I■emit or "p4ment, the cost of
Comipnin■a An C.e■eral LbbMcy ivmuraece or Co+srrinerrial Cama LL*MKY
anseQancco, thecost of �dulo a isuranee and al risk rthsurasee (ins
vands&w, n oOdOus ■=ceh►erap, amd unbp*,@ iwraao 1) aid sea other
irosuravice 1-.iia3 Do" may dere neoasary of apMropriate, fire protettaoi,
secaity aid other asses wiicfr MW deems ieoasary or appropriaate for the
malite•auce, opratieae ani ofavase■aevt (hheodrt al costs annotated with an
on site ■smegu of the Comaeon Ana.
8.3 Camtinl of die Goomos Area. MSH shag at a0 tames daft
tie Lease Tera flaw tie sole and exdw ive control of the Common Area and
mom►, at my timme' ami homy time to dm dmerbig tie Lease Tame, exdmmde and
restrain amry person,from nue or oocq mcy tbwwf excepdW& hot ww,, bona fide
castomeem� patrwrs ami service sw♦piws of Lioeaeee and other Licensee: of M�1
who make ase of sock areas In aocx l moo wkh dw nates and repaladons
estaiidmtd by MOM horn time to ties wkh respect ther+ato. MGM may
®Yate- M" cbm" the dugav ells, bKadk ,, m umber and wa mt of the
irepr+a�resmemts to a■w portion of the Sbaplieg Ce■ter trit6ort I coolant.
Licemess sba0 oiservo hirhfmft► and oeanply with amd stay cave ks employees
and invitees to -obsu m e bi I lb and comemb wits remeomeble cedes and
resml--a_ gavereimp tie Cm
w as mmay from tome to tame be promnmigated and
me
anded by MmR.
9. Iautd. As wed her** do term 'areal property taxes" shad indade
tis ressomarle comb of prragm calomel nonan a is and/or commel to amaixu tax
bdk and prom cep proderts, rsfinis and appeals for tis period covered
dmrinp tie Lease Teem, /rmsra' reef poperty amd ieeprovemnemt axes, any form of
assess■eeme� re-+asrwrnwe, roemre fee, Y� tax, bdi0 license tax,
comrmrer{dai rmW tag, im Yam tax. logy, Chole, peaekx or similerr imrpoddon
wbstsomrver or at A f■rposed by cony ameiiority bavise the ab l a power to tax,
ieeheip
any city, rm mmq, sac or federal porr+serrmemt, or any school,
aP Yds► I g or other i■prvrrei■ieet or special a:seumemW
�stmicc thereof, or my apeeq or p d me body, as apahst army Iwai or egsdtame
haer+est of Mtcii In tie Premises ammd/ar stopping Center bKhw wrmp, bort not
Baited to, amt► tax, fee or mo ise om (1) r+emts (or airy otter seems parable by
Licensee to 14M.hereoder) or m MMAs receipt of w mt or with otter stuns;
(il) the squn foorape of tie Prreriseg (0) tie act of emrterimp Mm this Lease,
or (lv) obs ooampi mmy of Lhmme, or levies or assesses agahm the MSH any
other tax, fee or wA*, kowmw ducried, hmdeimK a so -aged vahre-added
tax, In adddm m to, or as he smietk�tfom for, In whole or in poet for, or in
assodadoa to, MW realytaxes and assosmumm MvA amid Licensee
intend this Ardde 9 to to parr, and Licensee shat pay, A takes,
assesmmee■ts, levies and other dwyes, gmMi i i of how they are deskmated
arbbg art of Lichen's eeaem y of obs Prrmmh , wM& an ati 0 atable to the
Pr+emmises, or for vWWkb Math k nsponuiis as owner of the Shopping Center by
law. UcenmsWs ieiity with r up a to svKh texas amid assesmemts shall be
prorated on the falls of a 3654*s yell' to aca mmmt for cry ifracdomd portion of
a lfscal tact year hacimded im the Lem Ther at its must or expiration
(or so -am to mieslie 0.
10. the Term of the Luse and aW renewal
heroof, MmH shay hop ammd m aimtaima ie M force and effect, a policy of fire and
extendedaorw'api �araepI ias�ie6 aping dames" and desnuctiion
by AM, vadeYe■ - CV and other perils In tie a■eoemrt of tine fa® from thio
valve of the Pramrisms ami tic Sh"pf�K Cesar as soca vales memy exist
to tires, WMANig foemiatiams, fvvtoup and excavations. The term "MSEH's
hmmance shall bu inde ad issrramoe mrahmtaimed or regmhmsd to be mimed by
M8H &KkWhi& Without Makadm,, pmW liability, rental income loss,
eatdrgrralce awl flood imitamoe. It LhxnsWs atom of the Premises increases the
proodow r for any inwraos carried by HOW over fiat charged for normal retail
uses, tomo Licomme " paw to Midi, as adddonal rents the fill amwmt of mcb
imaesse � lira Ms�r.
11. Udk1m& Lioemsee shah be respoasfiie for pay,- of all utility
cbarpes, bKkdhw aro-or/tasi-o!i drarpos.
12. SsmdWJQjmmk. 13cerrsee shag pay to HUH a secm * depooit of
(t0) prior to dalboy of possession of tie Petrosae to Licensee ("Secmity
Deposit"). The Secooft Ompeeit shall be 1+etaswid to LAc msme witlim mhmy (90)
dads after r m- kadm of dkb Liarmae Apoomment i the hars left bo the
com�dom rs gate by this Ucom a Agrmom ant and Liodrsee Is we othmrwlse hi
defasit dwrmrier.
13. 111 msee accepts the Prit as 'as is"
cOmtoti0al. M" eigrm* %cifi■rs an4r waMza W or npnesemradom whir retard to
the comMomi, safety, m oky or smitabMey for Licensee's iaemled use of the
Prom ises or the Shopping Canter.
14. dtdppt. Lia a shat obtain, at its sok cost and aqmmse, A
governm n d peri is and amtierisaeioms of who"Nmr mature mgmird by awry
Smumrmrr d ams iw1p� ow Licensee's nee of the Preheat.
Ltceesee, at its sob Coomply wits a/ appicaMe governmental lows and
reg■latbew. Uconaee wN also aompb wits upy and ar remsomabte noes acrd
regniadoas prorryaad by MMM bodoim but we ■wined to, fives attached to
the License Agreement as Eshirit i and hroorpwraad herd. yr retermmce.
15. Licensee dog orahaft the
Premises in a meat;, dom oniariy ami safe comM m acrd d" be regwmdbie for
any darnrge dome lin or to fire Pranises or to the Siroppirg ceded eded by
ticeusee or its empiorer. ago" or contractors. tipom mee'riimatiom of this License
Agremimm��, Ltoemaee shah prca-Mb snrremder dad qdt the hsises In good order,
comdidon and repair, remm- d m gent and der owspted ooh► and, at ks exprense,
shalt nm wive A of its orale ilaatmrss and persomd property arra nook any darape
to the Premises occasioned by rwnowal of then hoods.
16. He -1- - wmrs, sigh or other of any kind
Shall be oorslActei om the Pramires ill► Uc msee, its tompioyems, apeats or
contractors 1111,11,11Mire 11,11w writtam ap�e�a of Maio it each cam. Licensee shall
subnit pians and rg a IM itM fordI a►at it each h wt3mm /►anal
gray be is Duo's soil disa+mtiom. we chadae - inoalticativns or
alteraMW inottr appawrrd ph■s and specitcatiems nasi► be mode witiorat Marti's
r n meb-o to (i) ap of --cub a s�lRci�j► a' eep�en on
or (S) vimnot ► by Mali as to theadegnej or smiiidency of the pians
specilicadow or tie imprsvenrmmts eomtm�ptatmd icor Lieemsee's 000 or pmposf.
20. Teesivdloo aid R --Roes. If Lessee is b breach of any of its
oblIioss oder ab Lioesse Agrom e■t ad fats to cane sacci 6nesc6 wkbis forty-
eklrt (49) 1 vas or recut of witgs modes hww MSN s♦elrbog ria eatom of
tie bimcJt (or eas�sasoe to aye asd m lb parse v ci care to coswietion R
sm* cm tdm aver fogy (46) ievi:), MW aA hwe dr risk to
keno %m* tik Uca me /Aram l7► wines me" to [Jenne. is tie event of
terwiNios dse as a Lioessee of my 0yhios of this Choose
A�i+wawat, MRN =W r*.aww asd tab pons ies of the hmslrw aad eve a0
pereorts ash flip. MM mw abs seek A a w rvste M mmli Ale at bw or b
eqv ty haft&& 1st we Ifm"d w a alt fur do mew or ar acdm for sped&
�iq■kycsrrradre ash ive. �a ��� or by
liuikio& PUM ash its npre dues. es�ployeas, ac 0 or
isdaperrderrt cestractory sssfr eaear ad inspect the hor asy Fordoa of the
Preasiees or mw a a es tie Ptisises at ash► flow acid hose d we to tisse.
22. Kiri 13oessee sad► sot amber sabot or of mvW amder
fts hwereft and w tik Z=se Apeesre■t. AW auumpted ow ap. s■blet or
I rader aade fi vMiatios of tide pfaal hes shat be aai ash void.
23. fmmULmfjmjom=m& If ft Is seemmy far ekbw party to e■ qft ae
attormy to coy immee a attics to e■hrc+e mW of tie praridoss of thin lAemse
A�prees�eot,. eM soapsanaft perry ap'eu eo pas► al can of salt action irci Wk&
tial ant tor court can ad neeoseiie a 1,0 will hes.
24. Madm& Ar avdoes, cossests, saiaisdoas for ap mvafs, appwals,
r+egsasts, desradr asd oust No for fm thk L cmn
Agr — sins be is WE aid dM be deemed to have "m d■y pinna aad
received N ash wham ersesip MII or fa ON (40) ion: after belt
deposited is tie States � whim d6 retats rsc*c ragaested, postage
prepaid. addressed to tie handed party at:
19M. -
HCH REALTY PARTNERS Ii L.P.
353 Saaa■owm Saner, Saito 2160
Sas Frascisoo, CA 94111
With a aw to:
MUH PROPERTYMAKAGEMENT, INC.
1721 W. hmperW Nary., Suite G
La Habra, CA 90631
CITY OF DIAMOMD BAR
2t6" East Cagfy Drive,
Suko 100
D1amood Bar, CA 91765-4177
Ants: Tari► BeMmor
N=H, 6y approving phms and speciRcaaiofws, assmwf�es so resposs�wiity or ®abw'6ty
for nary ddicc is nay iaapf�o�ve■fe00 comsawc 1 os the basis of the pians and
17. 1n.. Lloeatae sial not pa k to be phwed aigdmt the le+aawises or
tJwe Shoppiwag CANW, or MW pot of tie Mmes or the Sboppbg Cama', afar
0 sp er s�AatraCfRlr!' iaas. Ekins shag
iwdeasry, defeawd asd cold bus bfif/fiels ffr as "Wi for a1y and A bas,
cldaws and doaendfy segsobw midi file aorta of infero Sad muoaeiie ateotmey's
hes rdettd to tau& to tie costfarr set forts above, 0
I.iaatee ba good fLifiw deans tie oestaat tie . of mw leo, iia Lioeasee shad
proca�, r+eoor+i Sad ihrfw" to mm a sabasd er odw sea>dei smdWktary to
HUH `ao ao ead is at Nut nee asd me(1-112) thm dwe afsoaft of
tielim ofrrceW boli do Mmoku Sne &a is - c— of do ilea or dahm.
MCH momm the d*16 at mW dm aid don dao to d■�an
. to post d mai■ du
on tie rrafier„ a■d►1 ow�dra dweef or m tie m tie Ihaises nary
aedm of or edw soba as be ie*i - to pfotect kf"
aphot t � flita aiitioa to and not in of lrihcHis o bw ruts and
Lj eaeff-1 dmidd Lkawfree 94 widiio tem (10) days
of a written wqaetI *oaf ! eidw is A–a apo M or Balli at pwAded
alroy�as, or to , bed iefaiva Mod salad !nm ani apaiat any VSs,
. es` �7►,. or dWhm aril oat of Lioe■see's a of the lues as
pt+oviaea above, flea V40L at its apron, mWelect taw py mW OW dahm6 k�
dea_._A iNeil ty or dawwfags, or settle or drdwerpe iffy adios or saddy mW
Z -7777 7 -aid an aufs, ayeres, and atcers $ fw haan+d Is dob s so shall be
paidI to MSW by Bootee upon i -, NO a dummm4 togedWr wMl isserat dwereos at
tie rate of twseivo pow- (12%) per asaews fioaw tie daoe or pdd
tiwroaph asd hwcludimg tie deft of palreaest.
18. Indolpft. Llae silo■ ladefssify, ddium and hold Mites hamdm
irnfe mw loss, 7►. . % , clebw cm or �
t( Ow 60�� or a'iwiei iota wt�etetedr to aq as or Omkdm of
'am essee, its swapioymell. Spats or coiuraco I iii sW we be r+espaatE is far
awy ba or dw t of aiy pwWmW oa tie ltwtLes. Licesaee wdves A ddmu or
dmm& ap hm HM for a w lea, domme or b ww y to Lkmee or Licensee's
pr+oparty and ap+ m so ifietifwI% ani hold NWH iwaraI I .
19. Immom Prior to atrifwg tie huaisat asd at ar thm daft dwe
Teras, Licess % at ifs ids =pore, siei mdmtdn a pocky or policies of bumw me
with a rrwpfftaiie iis■aaaoe aooepsaiie to Maes, amd mmmbg HOW as
addideaai hmmv& Lka prbr so aatering Yto posseaioa of the
hhoaises, demo t to no ardikates of iwtaQ eviieachwg safe.
25. l it o� [ lce a Apr+eeewst ooh this em&e
A�+ee■reaR ad sgrseies a0 to tie sabject atao of tins
repraseirtatiosis aoi, ssisr�' t�os�te■aporasebss a�reeo�ests,
_ tasi�s N", and Liosssee, oral or written. No
aill;=bad tirritlst ati eaa�lei iir Lit�sN aaii MiW. Mow ofof mw p
of this Licumse A shell comdmoe a oosreississ waiver or waiver of asy
otter p wvislos. M& Lke Apsomm t siei be eosrpdted mod esbrced Is
aoInn rd� we vA* mod an -- am by, tie los of do Shoe of CaMewok. 'hie
Melt or Amflm tide � of ave Tilt Utwom Awoommost�a I* �
executed In asy s�eioroos■osapaster eeti of rrYeB sW ie dees�ed an o
and all of wild sh■ll one amd tie sssre isrersest. meieier tlis License
Apvm� sora short Mesas sr�ursisas of flit Lioestss Apwwt s6eQ be filed
or recorded is any poic oAia.
26. FdcQWWS Matti and Liwasee have aw afted fish isnowment as of the
date Hast above woftm
HUH Lice■see
Math RI AL?Y PARTNERS Il L.P., BY:
a CalRorsia asked IN 1-0 skip
PORP L.P., a CAWeroia Honed BY:
P wP
Its GeMcal PMOM
By: MERWIMEMAIUIBUG' f. INC.
a Cailforsia VVIVM itbe
Genesi Partner
BY:
Its:
BY..
Its:
INTEROFFICE MEMORANDUM
TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL
FROM: CAROL HERRERA, COUNCILWOMAN, E'1/
RE: FORMATION OF A CITY/CITY SUB -COMMITTEE, BETWEEN CHINO
HILLS AND DIAMOND BAR
DATE: AUGUST 1, 1996
RECOMMENDATION:
It is recommended that the City Council establish a City/City sub -committee between the Cities of
Chino Hills and Diamond Bar, appoint two Council Members to serve as Diamond Bar's
representatives on the City/City Committee; and, direct the Mayor to correspond with Chino Hills
representatives to request that Chino Hills appoint two members of its City Council to serve on
said City/City Committee.
DISCUSSION:
The Cities of Chino Hills and Diamond Bar have issues of mutual interest and concern, about
which the Cities should communicate. The Cities share a common border (Diamond Bar's eastern
and Chino Hills' western) from the SR60, on the north, to the Los Angeles County line (Diamond
Bar's SOI), on the south. Among the issues of concern and interest shared by the cities are:
regional transportation by-pass corridor, land use/development, traffic impact mitigation, relations
with the City of Industry, open space/environment.
An effective manner in which to communicate and discuss these mutual issues and concerns is
through a City/City sub -committee. Representatives of Chino Hills have indicated an interest in
establishing such a sub -committee. It is necessary to formally communicate the City of Diamond
Bar's interest to the City of Chino Hills. The sub -committee would be ad hoc in that it would
meet on an as needed basis, as issues or concerns demanded.
CITY OF DIAMoun DID
AGENDA REPORT AGENDA NO.
TO: Terrence L. Belanger, City Manager
MEETING DATE: August 6, 1996 REPORT DATE: August 1, 1996
FROM: George A. Wentz, City Engineer
TITLE: A Resolution of the City Council of the City of Diamond Bar approving
the State -Local Master Agreement No. 07-5455 and Program Supplement Agreement
No. M001 for grant funds for the rehabilitation/reconstruction of Diamond Bar
Boulevard between Grand Avenue and State Route 60.
SUMMARY: The Intermodal Surface Transportation Efficiency Act (ISTEA) of
1991 gives local governments an opportunity to implement and address various
types of transportation -related programs and concerns. The City of Diamond
Bar has applied for $1,041,998.00 of ISTEA funding to rehabilitate/
reconstruct Diamond Bar Boulevard between Grand Avenue and State Route 60.
The execution of a State -Local Master Agreement No. 07-5455 and Program
Supplement Agreement No. M001 between the City and the State is, therefore,
part of the application process for fund request.
RECOMMENDATION: That the City Council adopt Resolution No. 96 -XX approving
the State -Local Master Agreement No. 07-5455 and Program. Supplement Agreement
No. M001 for Grant funds for the rehabilitation/reconstruction of Diamond Bar
Boulevard between Grand Avenue and State Route 60 and direct the City Clerk
to forward the two originals to the State of California Department of
Transportation for final execution.
LIST OF ATTACHMENTS: X Staff Report _ Public Hearing
Notification
X Resolution(s) _ Bid Specification (on file
in City Clerk's Office)
Ordinances(s) 2L Other: Agrmt. No. 07-5455 &
_Agreement(s) Supplmt. Agrmt.
No. M001
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
1.
Has the resolution, ordinance or
agreement been
reviewed by the
City
reviewed by the City Attorney?
XYes
No
2.
Does the report require a majority
or 4/5 vote?
Majority
_
3.
Has environmental impact been assessed?
X Yes
No
4.
Has the report been reviewed by a
Commission? 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:
REVIEWED BY:
Terrence L. anger. rank Ush Ge rge A. tz
City Manager Assistant City Manager Ci y Engineer
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: August 6, 1996
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Resolution of the City Council of the City of Diamond Bar
approving the State -Local Master Agreement No. 07-5455 and
Program Supplement Agreement No. M001 for grant funds for the
rehabilitation/reconstruction of Diamond Bar Boulevard between
Grand Avenue and State Route 60
ISSUE STATEMENT:
To approve the State -Local Master Agreement No. 07-5455 and Program
Supplement Agreement No. M001 for grant funds for the rehabilitation/
reconstruction of Diamond Bar Boulevard between Grand Avenue and State Route
60.
RECOMMENDATION:
That the City Council adopt Resolution No. 96 -XX approving the State -Local
Master Agreement No. 07-5455 and Program Supplement Agreement No. M001 for
grant funds for the rehabilitation/reconstruction of Diamond Bar Boulevard
between Grand Avenue and State Route 60 and direct the City Clerk to forward
the two originals to the State of California Department of Transportation for
final execution.
FINANCIAL SUMMARY:
The total estimated cost for the rehabilitation/reconstruction of Diamond Bar
Boulevard between Grand Avenue and State Route 60 is $1,177,000.00.
$1,041,998.00 of Intermodal Surface Transportation Efficiency Act (ISTEA)
fund will be allocated towards the improvements of this project. The Local
match toward this project is $135,002.00.
BACKGROUND/DISCUSSION:
The City of Diamond Bar desires to rehabilitate/ reconstruct Diamond Bar
Boulevard between Grand Avenue and State Route 60. As part of the Intermodal
Surface Transportation Efficiency Act (ISTEA) of 1991, the Federal Government
created new flexible funding programs, the Surface Transportation Program
(STP), the Congestion Mitigation and Air Quality Improvement Program (CMAQ),
the Transportation Enhancement Activities Program (TEA), and the Bridge
Replacement and Rehabilitation Program (HBRR). Specifically, STP funds are
made available under the 1991 ISTEA and by California Statue through SB 1435
(1992). ISTEA and SB 1435 represent a shift in the federal and state focus
for local transportation, placing a higher emphasis on congestion relief in
urban areas by region, counties, and cities.
Page Two
ISTEA
August 6, 1996
Eligible uses include transit capital projects, Transportation Demand
Management (TDM), and improvements to highways and arterial roads. Staff
submitted the Diamond Bar Boulevard Street Rehabilitation/Reconstruction
Project on January 31, 1996 under the STP Program.
The total estimated cost for the rehabilitation/reconstruction project is
$1,177,000.00. The City has requested $1,041,998.00 ISTEA fund to be
allocated towards the cost of the project. The Local match toward this
project is $135,002.00. The matching requirement for this ISTEA program is
11.47% local funds to 88.53% federal funds.
Prepared By:
David G. Liu
Tseday Aberra
RESOLUTION NO. 96-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR APPROVING THE STATE -LOCAL MASTER AGREEMENT NO. 07-
5455 AND PROGRAM SUPPLEMENT AGREEMENT NO. M001 FOR GRANT
FUNDS FOR THE REHABILITATION/RECONSTRUCTION OF DIAMOND
BAR BOULEVARD BETWEEN GRAND AVENUE AND STATE ROUTE 60
A. RECITALS.
(i) The Congress of the United States has enacted
the Intermodal Surface Transportation Efficiency Act of 1991
(ISTEA) to fund programs which include, but are not limited to, the
Surface Transportation Program (RSTP), the Congestion Mitigation
and Air Quality Improvement Program (CMAQ), the Transportation
Enhancement Activities Program (TEA), and the Bridge Replacement
and Rehabilitation Program (HBRR) (Collectively the "Programs").
(ii) The Legislature of the State of California has
enacted legislation by which certain Federal Funds (RSTP and CMAQ)
may be made available for use on local transportation facilities of
public entities qualified to act as recipients of these federal
funds in accordance with the intent of Federal law.
(iii) The City of Diamond Bar, hereinafter referred
to as "City", has applied for ISTEA funds to be used for the
rehabilitation/ reconstruction of Diamond Bar Boulevard between
Grand Avenue and State Route 60, herein referred to as "Project".
(iv) Before Federal -aid will be made available for
a specific Program project, the City is required to enter into an
agreement with the State of California Department of
Transportation, herein referred to as "State", to delineate certain
responsibilities relative to prosecution of said Project.
B. RESOLUTION.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
1. Approves the State -Local Entity Master Agreement No. 07-
5455 and Program Supplement Agreement No. M001 for grant funds for
the rehabilitation/reconstruction of Diamond Bar Boulevard between
Grand Avenue and State Route 60.
2. Certifies that said Project will be constructed in
accordance with the State -Local Master Agreement No. 07-5455 and as
described in the Project Termini, and Type of Work of the Program
Supplement Agreement No. M001.
3. Appoints Terrence L. Belanger as agent of the City of Diamond
Bar to conduct all negotiations, execute and submit all documents,
including, but not limited to applications, agreements, amendments,
payment requests and so on, which may be necessary for the
completion of the aforementioned project.
PASSED, APPROVED and ADOPTED this day of , 1996
MAYOR
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do
hereby certify that the foregoing Resolution was passed, 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:
City Clerk, City of Diamcx d Bar
STATE CF.CALIFORNIA- BUSINESS, TRANSPORTATION AND HOUSING AGENCY PETE WILSON. Governor
DEPARTMENT OF TRANSPORTATION
STATE AND LOCAL PROJECT DEVELOPMENT PROGRAM
1120 N STREET
P.O. BOX 942874, MS *1
SACRAMENTO CA 94274-0001
TDD (916) 6544014
(416) 654-3151
FAX (916) 654.2409
June 17, 1996
Mr. George Wentz
Director of Public Works Interim
City of Diamond Bar
21660 East Copley Drive, Suite 100
Diamond Bar, California 91765
Dear Mr. Wentz:
File: 07 - LA - 0 - DMBR
STPL-5455(001)
In the City of Diamond Bar on
Diamond Bar Blvd: Grand Ave to
J11IN 20 '000
v�
(f . G rK_
V C A
C° e -
Enclosed are two originals of Local Agency -State Agreement No. 07-5455 and Program
Supplement Agreement No. M001 covering construction
for the above -referenced project.
Please sign both copies of these Agreements and return them to this office, Office of Local
Programs - MS 1. Alterations should not be made to. the agreement language or funding. Attach
your local agency's certified authorizing resolution that clearly identifies the agreements, the
project and the official authorized to execute the agreements. Fully executed copy of each
agreement will be returned to you upon ratification by Caltrans.
Your prompt action is requested. No invoices for reimbursement can be processed until
the agreements are fully executed. If the agreements cannot be approved by your agency within
six weeks, please return them. Replacement agreements will be resubmitted later when your
agency submits a request, with the agreement check list form, indicating it is ready to proceed.
Enclosure
cc: OLP AE project files
DLAE - 07
Sincerely, n
HERB REINL, Chief
Office of Local Programs
Project Implementation
"We'll Find a Way"
MASTER AGREEMENT
ADMINISTERING AGENCY -STATE AGREEMENT
FOR
FEDERAL -AID PROJECTS
o07 City of Diamond Bar
District Administering Agency
Agreement No. 07-5455
This AGREEMENT, made effective this - day of , 1996, is by and between
the City of Diamond Bar, hereinafter referred to as "ADMINISTERING AGENCY," and the State of
California, acting by and through the California Department of Transportation (Caltrans), hereinafter
referred to as "STATE."
WITNESSETH:
WHEREAS, the Congress of the United States has enacted the Intermodal Surface Transportation
Efficiency Act of 1991 to fund programs which include, but are not limited to, the Surface Transportation
Program (RSTP), the Congestion Mitigation and Air Quality Improvement Program (CMAQ), the
Transportation Enhancement Activities Program (TEA), and the Bridge Replacement and Rehabilitation
Program (HBRR) (collectively the "Programs"); and
WHEREAS, the Legislature of the State of California has enacted legislation by which certain
Federal funds (RSTP and CMAQ) may be made available for use on local transportation facilities of public
entities qualified to act as recipients of these federal funds in accordance with the intent of Federal law; and
WHEREAS, before Federal -aid will be made available for a specific Program project,
ADMINISTERING AGENCY and STATE are required to enter into an agreement relative to prosecution
of said project and maintenance of the completed facility.
NOW, THEREFORE, the parties agree as follows:
ARTICLE I - PROJECT ADMINISTRATION
1. This AGREEMENT shall have no force or effect with respect to any Program project
unless and until a project -specific Program Supplement to this AGREEMENT for Federal -aid Projects,
hereinafter referred to as 'PROGRAM SUPPLEMENT," has been executed.
2. The term "PROJECT," as used herein, means that authorized project financed in part with
Federal funds as further described in an "Authorization to Proceed" document executed by STATE, in the
subsequent specific PROGRAM SUPPLEMENT, and in a Federal -aid Project Agreement (PR -2).
3. The Financial commitment of STATE administered federal funds will occur only upon the
execution of this AGREEMENT, and the execution of each project -specific PROGRAM SUPPLEMENT
and PR -2.
11/29/9
4. ADMINISTERING AGENCY further agrees, as a condition to payment of funds obligated
to a PROJECT, to comply with all the agreed-upon Special Covenants or Remarks attached to the
PROGRAM SUPPLEMENT identifying and defining the nature of the specific PROJECT.
5. The PROGRAM SUPPLEMENT shall designate the party responsible for implementing
the various phases of the PROJECT, the Federal funds requested, and the matching funds to be provided
by ADMINISTERING AGENCY and/or STATE. Adoption of the PROGRAM SUPPLEMENT by
ADMINISTERING AGENCY and approval by STATE shall cause such PROGRAM SUPPLEMENT to
be executed and be a part of this AGREEMENT as though fully set forth herein. Unless otherwise
expressly delegated in a resolution by the ADMD4STERING AGENCY's governing body, the
PROGRAM SUPPLEMENT shall be approved and managed by the ADNMSTERING AGENCY's
governing body.
6. ADMINISTERING AGENCY shall conform to all State statutes, regulations and
procedures (including those set forth in LPP 95-07, "Reengineering," and subsequent approved revisions
and Local Programs Manual updates, hereafter referred to as REENGINEERED PROCEDURES) relating
to the Federal-aid Program, all Title 23 Federal requirements, and all applicable Federal laws, regulations,
and policy and procedural or instructional memoranda, unless otherwise designated in the approved
PROGRAM SUPPLEMENT.
7. If PROJECT involves work on the State highway system, it shall also be the subject of a
separate standard form of encroachment permit and, where appropriate, a cooperative agreement between
STATE and ADMINISTERING AGENCY to determine how the PROJECT is to be constructed.
8. If PROJECT is not on STATE-owned right of way, PROJECT shall be constructed in
accordance with REENGINEERED PROCEDURES. The REENGINEERED PROCEDURES describe
minimum statewide design standards for local agency streets and roads. The REENGINEERED
PROCEDURES for projects off the National Highway System (NHS) allow the STATE to accept either
the minimum statewide design standards or ADMINISTERING AGENCY-approved geometric design
standards. Also, for projects off the NHS, STATE will accept ADMINISTERING AGENCY-approved
standard specifications, standard plans, and materials sampling and testing quality assurance programs that
meet the conditions described in the REENGINEERED PROCEDURES.
9. When PROJECT is not on the State highway system but includes work to be performed by
a railroad, the contract for such work shall be prepared by ADMINISTERING AGENCY or by STATE,
as the parties may hereafter agree. In either event, ADMINISTERING AGENCY shall enter into an
agreement with the railroad providing for future maintenance of protective devices or other facilities
installed under the contract.
10. ADMINISTERING AGENCY shall provide or arrange for adequate supervision and
inspection of each PROJECT. As provided in the REENGINEERED PROCEDURES, work may be
performed by a consultant(s), provided a fully qualified and licensed employee of ADMINISTERING
AGENCY is in responsible charge.
11. The Congress of the United States, the Legislature of the State of California, and the
Governor of the State of California, each within their respective jurisdiction, have prescribed certain
employment practices with respect to work financed with Federal or State funds. ADMINISTERING
AGENCY agrees to comply with the requirements of the FAIR EMPLOYMENT PRACTICES
ADDENDUM (Exhibit A attached hereto) whenever State funds finance part of the PROJECT, and the
NONDISCRIMINATION ASSURANCES (Exhibit B attached hereto). ADMINISTERING AGENCY
further agrees that any agreement entered into by ADMINISTERING AGENCY with a third party for
11/29/95
performance of work connected with the PROJECT shall incorporate Exhibits A (whenever State funds
finance part of the PROJECT) and Exhibit B (with third party's name replacing ADMINISTERING
AGENCY) as parts of such agreement.
ARTICLE H - RIGHTS OF WAY
1. No contract for the construction of a Federal -aid PROJECT shall be awarded until the
necessary rights of way have been secured. Prior to the advertising for construction of the PROJECT,
ADMINISTERING AGENCY shall certify and, upon request, shall furnish STATE with evidence that
necessary rights of way are available for construction purposes or will be available by the time of award of
the construction contract
2. ADMINISTERING AGENCY agrees to indemnify and hold STATE harmless from any
liability which may result in the event the right of way for a PROJECT is not clear as certified. The
furnishing of right of way as provided for herein includes, in addition to all real property required for the
PROJECT, title free and clear of obstructions and encumbrances affecting PROJECT and the payment, as
required by applicable law, of damages to real property not actually taken but injuriously affected by
PROJECT. ADMINISTERING AGENCY shall pay, from its own non-matching funds, any costs which
arise out of delays to the construction of the PROJECT because utility facilities have not been removed or
relocated, or because rights of way have not been made available to ADMINISTERING AGENCY for the
orderly prosecution of PROJECT work.
3. Subject to STATE approval and such supervision as is required in REENGINEERED
PROCEDURES over ADMINISTERING AGENCY's right of way acquisition procedures,
ADMINISTERING AGENCY may claim reimbursement from Federal funds for expenditures to purchase
only necessary rights of way included in PROJECT after crediting PROJECT with the fair market value of
any excess property retained and not disposed of by ADMINISTERING AGENCY.
4. When real property rights are to be acquired by ADMINISTERING AGENCY for a
PROJECT, said ADMINISTERING AGENCY must carry out that acquisition in compliance with the
Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
5. Whether or not Federal -aid is to be requested for right of way, should ADMINISTERING
AGENCY, in acquiring right of way for PROJECT, displace an individual, family, business, farm
operation, or non-profit organization, relocation payments and services will be provided as set forth in
Chapter 5 of Title 23, U.S. Code. The public will be adequately informed of the relocation payments and
services which will be available,- and, to the greatest extent practicable, no person lawfully occupying real
property shall be required to move from his/her dwelling or to move his/her business or farm operation
without at least 90 -days written notice from ADMINISTERING AGENCY. ADMINISTERING
AGENCY will provide STATE with specific assurances, on each portion of the PROJECT, that no person
will be displaced until comparable decent, safe and sanitary replacement housing is available within a
reasonable period of time prior to displacement, and that ADMINISTERING AGENCY's relocation
program is realistic and adequate to provide orderly, timely and efficient relocation of displaced persons
for the PROJECT as provided in Federal Highway Programs Manual (FHPM 7-5).
6. In all real property transactions acquired for the PROJECT, following recordation of the
deed or such other recorded instrument evidencing title in the name of the ADMINISTERING AGENCY
or their assignee, there shall also be recorded a separate document which is an "Agreement Declaring
Restrictive Covenants." Said Agreement Declaring Restrictive Covenants will incorporate the assurances
included within Exhibits A and B and Appendices A, B, C and D, as appropriate, when executed by
ADMINISTERING AGENCY.
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ARTICLE III - MANAGEMENT AND MAINTENANCE OF PROPERTY
1. ADMINISTERING AGENCY will maintain and operate the PROJECT property acquired,
developed, rehabilitated, or restored for its intended public use until such time as the patties might amend
this AGREEMENT to otherwise provide. With the approval of STATE, ADMINISTERING AGENCY or
its successors in interest in the property may transfer this obligation and responsibility to maintain and
operate the property to another public entity.
2. Upon ADMINISTERING AGENCY acceptance of the completed Federal -aid construction
contract or upon contractor being relieved of the responsibility for maintaining and protecting a portion of
the work, the agency having jurisdiction over the PROJECT shall maintain the completed work in a
manner satisfactory to the authorized representatives of STATE and the United States. If, within 90 days
after receipt of notice from STATE that a PROJECT, or any portion thereof, under ADMINISTERING
AGENCY's jurisdiction is not being properly maintained and ADMINISTERING AGENCY has not
satisfactorily remedied the conditions complained of, the approval of future Federal -aid projects of
ADMINISTERING AGENCY will be withheld until the PROJECT shall have been put in a condition of
maintenance satisfactory to STATE and the Federal Highway Administration.' The provisions of this
section shall not apply to a PROJECT which has been vacated through due process of law.
3. The maintenance referred to in paragraph 2, above, includes not only the physical condition
of the PROJECT but its operation as well. PROJECT shall be maintained by an adequate and well-trained
staff of engineers and/or such other professionals and technicians as the project requires. Said
maintenance staff may be employees of ADMINISTERING AGENCY, another unit of government, or a
contractor under agreement with ADMINISTERING AGENCY. All maintenance will be performed at
regular intervals or as required for efficient operation of the complete PROJECT improvements.
ARTICLE IV - FISCAL PROVISIONS
1. The PROJECT, or portions thereof, must be included in a Federally -approved Statewide
Transportation Improvement Program (FSTIP) prior to ADMINISTERING AGENCY submittal of the
"Request for Authorization."
2. State and Federal funds will not participate in PROJECT work performed in advance of
approval of the "Authorization to Proceed." The parties shall execute a PROGRAM SUPPLEMENT
between STATE and ADMINISTERING AGENCY subsequently incorporating the "Authorization to
Proceed."
3. ADMINISTERING AGENCY may submit invoices in arrears for reimbursement of
participating PROJECT costs on a monthly or quarterly progress basis once the PROJECT PROGRAM
SUPPLEMENT has been executed by STATE and the PR -2 has been executed by FHWA. The total of all
amounts claimed, plus any required matching funds, must not exceed the actual total allowable costs of all
completed engineering work, right of way acquisition, and construction.
4. Invoices shall be submitted on ADMINISTERING AGENCY letterhead and shall include
this AGREEMENT number, Federal -aid project number, and Progress billing number for the PROJECT,
and shall be in accordance with REENGINEERED PROCEDURES.
5. The estimated total cost of PROJECT, the amounts of Federal -aid programmed, and the
matching amounts agreed upon may be adjusted by mutual consent of the parties hereto in a Finance
Letter/Detail Estimate and a PR -2 document which are to be considered as part of this AGREEMENT.
Federal -aid program amounts may be increased to cover PROJECT cost increases only if such funds are
available and FHWA concurs with that increase.
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6. When additional federal -aid funds are not available, the ADMINISTERING AGENCY
agrees that the payment of Federal funds will be limited to the amounts approved by the PR -2, or its
modification (PR -2A), and agrees that any increases in PROJECT costs must be defrayed with
ADMINISTERING AGENCY funds.
7. ADMINISTERING AGENCY shall use its own nonfederal -aid funds to finance the local
share of eligible costs and all expenditures ruled ineligible for financing with Federal funds. STATE shall
make the determination of ADMINISTERING AGENCY cost eligibility for Federal fund financing.
8. Any overpayment to ADMINISTERING AGENCY of amounts invoiced shall be returned
to STATE by ADMINISTERING AGENCY upon written demand.
9. Should ADMINISTERING AGENCY fail to refund all moneys due STATE as provided
hereunder or should ADMINISTERING AGENCY breach this Agreement by failing to complete
PROJECT, then, within 30 days of demand, or within such other period as may be agreed to in writing
between the parties hereto, STATE, acting through the State Controller, the State Treasurer, or any other
public agency, may withhold or demand a transfer of an amount equal to the amount owed to STATE from
future apportionments, or any other funds due ADMINISTERING AGENCY from the Highway Users
Tax Fund or any other funds and/or may withhold approval of future ADMINISTERING AGENCY
Federal -aid projects.
10. Should ADMINISTERING AGENCY be declared to be in breach of this AGREEMENT or
otherwise in default thereof by STATE, and if ADMINISTERING AGENCY is constituted as a joint
powers authority, special district, or any other public entity not directly receiving funds through the State
Controller, STATE is authorized to obtain reimbursement from whatever sources of funding are available,
including the withholding or transfer of funds, pursuant to Article IV - 9, from those constituent entities
comprising a joint powers authority or by bringing of an action against ADMINISTERING AGENCY or
its constituent member entities, to recover all funds provided by STATE hereunder.
ARTICLE V - RETENTION OF RECORDS/AUDITS
1. For the purpose of determining compliance with Public Contract Code Section 10115, et.
seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et, seq., when applicable, and
other matters connected with the performance of the Agreement pursuant to Government Code
Section 10532, ADMINISTERING AGENCY and any third party under contract with ADMINISTERING
AGENCY shall retain all original records to the project financed with Federal funds and shall make records
available upon request by Federal and State representatives. Following final settlement of the project costs
with FHWA the recordstdocuments may be microfilmed by the ADMINISTERING AGENCY, but in any
event shall be retained for a period of three years from STATE payment of the final voucher, or a four-year
period from the date of the final payment under the contract, whichever is longer. ADMINISTERING
AGENCY shall retain recordstdocuments longer if required in writing by STATE.
2. Per the Single Audit Act of 1984, any ADMINISTERING AGENCY that receives
$100,000.00 or more per fiscal year in Federal Financial Assistance shall have an audit performed by an
independent audit firm per the Single Audit Act - (see OMB -A128, "Audits of State and Local
Governments").
ARTICLE VI - FEDERAL LOBBYING ACTIVITIES CERTIFICATION
1. By execution of this AGREEMENT, ADMINISTERING AGENCY certifies, to the best of
the signatory officer's knowledge and belief, that:
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A. No STATE or Federal appropriated funds have been paid or will be paid, by or on
behalf of ADMINISTERING AGENCY, to any person for influencing or attempting to influence an
officer or employee of any STATE or Federal agency, a Member of the State Legislature or United States
Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the
Legislature or Congress in connection with the awarding of any STATE or Federal contract including this
Agreement, the making of any STATE or Federal loan, the entering into of any cooperative contract, and
the extension, continuation, renewal, amendment, or modification of any STATE or Federal contract,
grant, loan, or cooperative contract.
B . If any funds other than Federal appropriated funds have been paid, or will be paid,
to any person for influencing or attempting to influence an officer or employee of any Federal agency, a
member of Congress, an officer or employee of Congress or an employee of a member of Congress in
connection with this Agreement, grant, local, or cooperative contract, ADMINISTERING AGENCY shall
complete'and submit Standard Form -LLL, "Disclosure Form to Rep Lobbying," in accordance with the
form instructions.
C . This certification is a material representation of fact upon which reliance was placed
when this Agreement was made or entered into. Submission of this certification is a prerequisite for
making or entering into this Agreement imposed by Section 1352, Title 31, U.S. Code. Any party who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
2. ADMINISTERING AGENCY also agrees by signing this document that the language of
this certification will be included in all lower tier sub -agreements which exceed $100,000 and that all such
sub -recipients shall certify and disclose accordingly.
ARTICLE VII - MISCELLANEOUS PROVISIONS
1. Neither STATE nor any officer or employee thereof shall be responsible for any damage or
liability occurring by reason of anything done, or omitted to be done, by ADMINISTERING AGENCY
under, or in connection with, any work, authority or jurisdiction delegated to ADMINISTERING
AGENCY under this AGREEMENT. It is understood and agreed that, pursuant to Government Code
Section 895.4, ADMINISTERING AGENCY shall fully defend, indemnify and save harmless STATE,
its officers, and employees from all claims, suits or actions of every name; kind and description brought
for, or on account of, injury (as defined in Government Code Section 810.8) occurring by reason of
anything done, or omitted to be done, by ADMINISTERING AGENCY under, or in connection with, any
work, authority or jurisdiction delegated to ADMINISTERING AGENCY under this Agreement. STATE
reserves the right to represent itself in any litigation in which STATE's interests are at stake.
2. Neither ADMINISTERING AGENCY nor any officer or employee thereof, shall be
responsible for any damage or liability occurring by reason of anything done, or omitted to be done, by
STATE under, or in connection, with any work, authority, or jurisdiction delegated to STATE under this
AGREEMENT. It is also understood and agreed that, pursuant to Government Code Section 895.4,
STATE shall fully indemnify and hold ADMINISTERING AGENCY harmless from any liability imposed
for injury (as defined by Government Code Section 810.8) occurring by reason of anything done, or
omitted to be done, by STATE under, or in connection with, any work, authority, or jurisdiction delegated
to STATE under this Agreement. ADMINISTERING AGENCY reserves the right to represent itself in
any litigation in which ADMINISTERING AGENCY's interests are at stake.
3. ADMINISTERING AGENCY and the officers and employees of ADMINISTERING
AGENCY, when engaged in the performance of this Agreement, shall act in an independent capacity and
not as officers, employees or agents of STATE.
11/29/95
4. STATE may terminate this AGREEMENT with ADMINISTERING AGENCY should
ADMINISTERING AGENCY fail to perform the covenants herein contained at the time and in the manner
herein provided. In the event of such termination, STATE may proceed with the PROJECT work in any
manner deemed proper by STATE. If STATE terminates this AGREEMENT with ADMINISTERING
AGENCY, STATE shall pay ADMINISTERING AGENCY the sum due ADMINISTERING AGENCY
under this AGREEMENT prior to termination, provided, however, that the cost of PROJECT completion
to STATE shall first be deducted from any sum due ADMINISTERING AGENCY under this
AGREEMENT, and the balance, if any, shall then be paid ADMINISTERING AGENCY upon demand.
5. Without the written consent of STATE, this AGREEMENT is not assignable by
ADMINISTERING AGENCY either in whole or in part.
6. No alteration or variation of the terns of this AGREEMENT shall be valid unless made in
writing and signed by the parties hereto, and no oral understanding or Agreement not incorporated herein
shall be binding on any of the parties hereto.
7. ADMINISTERING AGENCY warrants, by execution of this AGREEMENT, that no
person or selling agency has been employed or retained to solicit or secure this AGREEMENT upon an
agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona
fide employees or bona fide established commercial or selling agencies maintained by ADMINISTERING
AGENCY for the purpose of securing business. For breach or violation of this warranty, STATE has the
right to annul this AGREEMENT without liability, pay only for the value of the work actually performed,
or in STATE's discretion, to deduct from the price of consideration, or otherwise recover, the full amount
of such commission, percentage, brokerage, or contingent fee.
8. In accordance with Public Contract Code Section 10296, ADMINISTERING AGENCY
hereby certifies under penalty of perjury that no more than one final unappealable finding of contempt of
court by. a Federal court has been issued against ADMINISTERING AGENCY within the immediate
preceding two-year period because of ADMINISTERING AGENCY's failure to comply with an order of
a Federal court that orders ADMINISTERING AGENCY to comply with an order of the National Labor
Relations Board.
9. ADMINISTERING AGENCY shall disclose any financial, business, or other relationship
with STATE or the FHWA that may have an impact upon the outcome of this AGREEMENT.
ADMINISTERING AGENCY shall also list current contractors who may have a financial interest in the
outcome of this AGREEMENT.
10. ADMINISTERING AGENCY hereby certifies that it does not now have nor shall it
acquire any financial or business interest that would conflict with the performance of PROJECT under this
AGREEMENT.
11. ADMINISTERING AGENCY warrants that this AGREEMENT was not obtained or
secured through rebates, kickbacks or other unlawful consideration either promised or paid to any STATE
employee. For breach or violation of this warranty, STATE shall have the right, in its discretion, to
terminate this AGREEMENT without liability, to pay only for the work actually performed, or to deduct
from the PROGRAM SUPPLEMENT price or otherwise recover the full amount of such rebate, kickback,
or other unlawful consideration.
12. This Agreement is subject to any additional restrictions, limitations, conditions, or any
statute enacted by the State Legislature that may affect the provisions, terms, or funding of this
AGREEMENT in any manner.
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ARTICLE VIII - TERMINATION OF AGREEMENT
1. This Agreement and any PROGRAM SUPPLEMENT(s) executed under this
AGREEMENT shall terminate upon 60 days' prior written notice by STATE.
2. Each separate PROGRAM SUPPLEMENT shall separately establish the term and funding
limits for each described PROJECT funded under this Federal -aid program. No STATE or FHWA funds
are obligated against this AGREEMENT.
IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized
officers.
STATE OF CALIFORNIA
DEPARTNffN TOFTRANSPORTATION
UZZ
Chief, Office of Local Programs
Project Implementation
CITY OF DIAMOND BAR
LIM
ADMINISTERING AGENCY
Representative Name & Title
(Authorized Governing Body Representative)
Date Date
11/29/95
EXHIBIT A
FAIR EMPLOYMENT PRACTICES ADDENDUM
1. In the performance of this Agreement, ADMINISTERING AGENCY will not discriminate
against any employee for employment because of race, color, sex, religion, ancestry or national origin.
ADMINISTERING AGENCY will take affirmative action to ensure that employees are treated during
employment, without regard to their race, sex, actual or perceived sexual orientation, color, religion,
ancestry, or national origin. Such action shall include, but not be limited to, the following: employment,
upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay
or other forms of compensation; and selection for training, including apprenticeship. ADMIlJISTERING
AGENCY shall post in conspicuous places, available to employees for employment, notices to be
provided by STATE setting forth the provisions of this Fair Employment section.
2. ADMINISTERING AGENCY will permit access to the records of employment,
employment advertisements, application forms, and other pertinent data and records by STATE, the State
Fair Employment and Housing Commission, or any other agency of the State of California designated by
STATE, for the purposes of investigation to ascertain compliance with the Fair Employment section of this
Agreement.
3. Remedies for Willful Violation:
(a) STATE may determine a willful violation of the Fair Employment provision to have
occurred upon receipt of a final judgment to that effect from a court in an action to
which ADMINISTERING AGENCY was a party, or upon receipt of a written
notice from the Fair Employment and Housing Commission that it has investigated
and determined that ADM MSTERING AGENCY has violated the Fair Employ-
ment Practices Act and had issued an order under Labor Code Section 1426 which
has become final or has obtained an injunction under Labor Code Section 1429.
(b) For willful violation of this Fair Employment Provision, STATE shall have the
right to terminate this Agreement either in whole or in part, and any loss or damage
sustained by STATE in securing the goods or services thereunder shall be borne
and paid for by ADMINISTERING AGENCY and by the surety under the
performance bond, if any, and STATE may deduct from any moneys due or
thereafter may become due to ADMINISTERING AGENCY, the difference
between the price named in the Agreement and the actual cost thereof to STATE to
cure ADMINISTERING AGENCY's breach of this Agreement.
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EXHIBIT B
NONDISCRIMINATION ASSURANCES
ADMINISTERING AGENCY HEREBY AGREES THAT, as a condition to receiving any Federal
financial assistance from the STATE, acting for the U.S. Department of Transportation, it will comply
with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-42 U.S.C. 2000d-4
(hereinafter referred to as the ACT), and all requirements imposed by or pursuant to Title 49, Code of
Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21,
"Nondiscrimination in Federally -Assisted Programs of the Department of Transportation - Effectuation of
Title VI of the Civil Rights Act of 1964" (hereinafter referred to as the REGULATIONS), the Federal -aid
Highway Act of 1973, and other pertinent directives, to the end that in accordance with the ACT,
REGULATIONS, and other pertinent directives, no person in the United States shall, on the grounds of
race, color, sex, national origin, religion, age or disability, be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination under any program or activity for which
ADMINISTERING AGENCY receives Federal financial assistance from the Federal Department of
Transportation, ADMINISTERING AGENCY HEREBY GIVES ASSURANCE THAT
ADMINISTERING AGENCY will promptly take any measures necessary to effectuate this agreement.
This assurance is required by subsection 21.7(a) (1) of the REGULATIONS.
More specifically, and without limiting the above general assurance, ADMINISTERING
AGENCY hereby gives the following specific assurances with respect to its Federal -aid Program:
1. That ADMINISTERING AGENCY agrees that each "program" and each "facility" as
defined in subsections 21.23 (e) and 21.23 (b) of the REGULATIONS, will be (with regard to a
"program") conducted, or will be (with regard to a "facility") operated in compliance with all requirements
imposed by, or pursuant to, the REGULATIONS.
2. That ADMINISTERING AGENCY shall insert the following notification in all solicitations
for bids for work or material subject to the REGULATIONS made in connection with the Federal -aid
Program and, in adapted form, in all proposals for negotiated agreements:
ADMINISTERING AGENCY hereby notifies all bidders that it will affirmatively
insure that in any agreement entered into pursuant to this advertisement, minority
business enterprises will be afforded full opportunity to submit bids in response to
this invitation and will not be discriminated against on the grounds of race, color,
sex, national origin, religion, age, or disability in consideration for an award.
3. That ADMINISTERING AGENCY shall insert the clauses of Appendix A of this
assurance in every agreement subject to the ACT and the REGULATIONS.
4. That the clauses of Appendix B of this Assurance shall be included as a covenant running
with the land, in any deed effecting a transfer of real property, structures, or improvements thereon, or
interest therein.
5. That where ADMINISTERING AGENCY receives Federal financial assistance to construct
a facility, or part of a facility, the Assurance shall extend to the entire facility and facilities operated in
connection therewith.
10 11129/95
6. That where ADMINISTERING AGENCY receives Federal financial assistance in the
form, or for the acquisition, of real property or an interest in real property, the Assurance shall extend to
rights to space on, over, or under such property.
7. That ADMINISTERING AGENCY shall include the appropriate clauses set forth in
Appendix C and D of this Assurance, as a covenant running with the land, in any future deeds, leases,
permits, licenses, and similar agreements entered into by the ADMINISTERING AGENCY with other
parties:
Appendix C;
(a) for the subsequent transfer of real property acquired or unproved under the Federal -
aid Program; and
Appendix D;
(b) for the construction or use of or access to space on, over, or under real property
acquired, or improved under the Federal -aid Program.
8. That this assurance obligates ADMINISTERING AGENCY for the period during which
Federal financial assistance is extended to the program, except where the Federal financial assistance is to
provide, or is in the form of, personal property or real property of interest therein, or structures, or
improvements thereon, in which case the assurance obligates ADMINISTERING AGENCY or any
transferee for the longer of the following periods:
(a) the period during which the property is used for a purpose for which the Federal
financial assistance is extended, or for another purpose involving the provision of
similar services or benefits; or
(b) the period during which ADMINISTERING AGENCY retains ownership or
possession of the property.
9. That ADMINISTERING AGENCY shall provide for such methods of administration for
the program as are found by the U.S. Secretary of Transportation, or the official to whom he delegates
specific authority, to give reasonable guarantee that ADMINISTERING AGENCY, other recipients, sub -
grantees, applicants, sub -applicants, transferees, successors in interest, and other participants of Federal
financial assistance under such program will comply with all requirements imposed by, or pursuant to, the
ACT, the REGULATIONS, this Assurance and the Agreement.
10. That ADMINISTERING AGENCY agrees that the United States and the State of California
have a right to seek judicial enforcement with regard to any matter arising under the ACT, the
REGULATIONS, and this Assurance.
THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all
Federal grants, loans, agreements, property, discounts or other Federal financial assistance extended after
the date hereof to ADMINISTERING AGENCY by STATE, acting for the U.S. Department of
Transportation, and is binding on ADMINISTERING AGENCY, other recipients, subgrantees,
applicants, sub -applicants, transferees, successors in interest and other participants in the Federal -aid
Highway Program.
11 11/29/95
APPENDIX A TO EXHIBIT B
During the performance of this Agreement, ADMINISTERING AGENCY, for itself, its assignees
and successors in interest (hereinafter collectively referred to as ADMINISTERING AGENCY) agrees as
follows:
(1) CornDliance with RegWations: ADMINISTERING AGENCY shall comply with the
regulations relative to nondiscrimination in Federally assisted programs of the Department of
Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to
time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and
made a part of this agreement.
(2) Nondiscrimination: ADMINISTERING AGENCY, with regard to the work performed by
it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin,
religion, age, or disability in the selection and retention of sub -applicants, including procurements of
materials and leases of equipment. ADMINISTERING AGENCY shall not participate either directly or
indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment
practices when the agreement covers a program set forth in Appendix B of the REGULATIONS.
(3) Solicitations for Sub -agreements. Including Procurements of Materi lc and F uipment: In
all solicitations either by competitive bidding or negotiation made by ADMINISTERING AGENCY for
work to be performed under a Sub -agreement, including procurements of materials or leases of equipment,
each potential sub -applicant or supplier shall be notified by ADMINISTERING AGENCY of the
ADMINISTERING AGENCY's obligations under this Agreement and the REGULATIONS relative to
nondiscrimination on the grounds of race, color, or national origin.
(4) Information and Reports: ADMINISTERING AGENCY shall provide all information and
reports required by the REGULATIONS, or directives issued pursuant thereto, and shall permit access to
ADMINISTERING AGENCY's books, records, accounts, other sources of information, and its facilities
as may be determined by STATE or FHWA to be pertinent to ascertain compliance with such
REGULATIONS or directives. Where any information required of ADMINISTERING AGENCY is in
the exclusive possession of another who fails or refuses to furnish this information, ADMINISTERING
AGENCY shall so certify to STATE or the FHWA as appropriate, and shall set forth what efforts
ADMINISTERING AGENCY has made to obtain the information.
(5) Sanctions for Noncompliance: In the event of ADMINISTERING AGENCY's
noncompliance with the nondiscrimination provisions of this agreement, STATE shall impose such
agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
(a) withholding of payments to ADMINISTERING AGENCY under the Agreement until
ADMINISTERING AGENCY complies; and/or
(b) cancellation, termination or suspension of the Agreement, in whole or in part.
(6) Incorporation of Provisions: ADMINISTERING AGENCY shall include the provisions of
paragraphs (1) through (6) in every sub -agreement, including procurements of materials and leases of
equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto.
ADMINISTERING AGENCY shall take such action with respect to any sub -agreement or procurement as
STATE or FHWA may direct as a means of enforcing such provisions including sanctions for
noncompliance, provided, however, that, in the event ADMINISTERING AGENCY becomes involved
in, or is threatened with, litigation with a sub -applicant or supplier as a result of such direction,
ADMINISTERING AGENCY may request STATE enter into such litigation to protect the interests of
STATE, and, in addition, ADMINISTERING AGENCY may request the United States to enter into such
litigation to protect the interests of the United States.
12 11/29/95
APPENDIX B TO EXHIBIT B
The following clauses shall be included in any and all deeds effecting or recording the transfer of
PROJECT real property, structures or improvements thereon, or interest therein from the United States.
(GRANTING CLAUSE)
NOW, THEREFORE, the U.S. Department of Transportation, as authorized by law, and upon the
condition that ADMINISTERING AGENCY will accept title to the lands and maintain the project
constructed thereon, in accordance with Title 23, United States Code, the Regulations for the
Administration of Federal -aid for Highways and the policies and procedures prescribed by the Federal
Highway Administration of the Department of Transportation and, also in accordance with and in
compliance with the Regulations pertaining to and effectuating the provisions of Title VI of the Civil
Rights Act of 1964 (78 Stat. 252; 42 U.S.C. 2000d to 2000d-4), does hereby remise, release, quitclaim
and convey unto the ADMINISTERING AGENCY all the right, title, and interest of the U.S. Department
of Transportation in, and to, said lands described in Exhibit "A" attached hereto and made a part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto ADMINISTERING AGENCY
and its successors forever, subject, however, to the covenant, conditions, restrictions and reservations
herein contained as follows, which will remain in effect for the period during which the real property or
structures are used for a purpose for which Federal financial assistance is extended or for another purpose
involving the provision of similar services or benefits and shall be binding on ADMINISTERING
AGENCY, its successors and assigns.
ADMINISTERING AGENCY, in consideration of the conveyance of said lands and interests in
lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and
assigns,
(1) that no person shall on the grounds of race, color, sex, national origin, religion, age or
disability, be excluded from participation in, be denied the benefits of, or be otherwise
subjected to discrimination with regard to any facility located wholly or in part on, over, or
under such lands hereby conveyed (;) (and) *
(2) that ADMINISTERING AGENCY shall use the lands and interests in lands so conveyed,
in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal
Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21,
Non-discrimination in Federally -assisted programs of the Department of Transportation -
Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be
amended (;) and
(3) that in the event of breach of any of the above-mentioned nondiscrimination conditions, the
U.S. Department of Transportation shall have a right to re-enter said lands and facilities on
said land, and the above-described land and facilities shall thereon revert to and vest in and
become the absolute property of the U.S. Department of Transportation and its assigns as
such interest existed prior to this deed.*
Reverter clause and related language to be used only when it is determined that such a clause is
necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.
13 11/29/95
APPENDIX C TO EXHIBIT B
The following clauses shall be included in any and all deeds, licenses, leases, permits, or similar
instruments entered into by ADMINISTERING AGENCY, pursuant to the provisions of Assurance 7(a)
of Exhibit B.
The grantee (licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal
representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby
covenant and agree (in the case of deeds and leases add "as covenant running with the land") that in the
event facilities are constructed, maintained, or otherwise operated on the said property described in this
(deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation program
or activity is extended or for another purpose involving the provision of similar services or benefits, the
(grantee, licensee, lessee, permittee, etc.), shall maintain and operate such facilities and services in
compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations,
U.S. Department of Transportation, Subtitle A, Office of Secretary, Part 21, Nondiscrimination in
Federally -assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil
Rights Act of 1964, and as said Regulations may be amended.
(Include in licenses, leases, permits, etc.)*
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING
AGENCY shall have the right to terminate the (license, lease, permit etc.) and to re-enter and repossess
said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been
made or issued.
(Include in deeds)*
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING
AGENCY shall have the right to re-enter said land and facilities thereon, and the above-described lands
and facilities shall thereupon revert to and vest in and become the absolute property of ADMINISTERING
AGENCY and its assigns.
Reverter clause and related language to be used only when it is determined that such a clause is
necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.
14 11/29/95
P Date: June 12, 1996
M SUPPLEMENT NO. M001 Location: 07-LA-0-DMBR
to Project Number: STPL-5455(001)
ADMINISTERING AGENCY -STATE AGREEMENT E.A. Number: 07-927�]�2
FOR FEDERAL -AID PROJECTS NO
07-5455 FOR
This Program Supplement is hereby incorporated into the d ills tering
Agency -State Agreement for Federal Aid which was entered into between the
Administering Agency and the State on / / and is subject to all the
terms and conditions thereof. This Program Supplement is adopted in
accordance with Article I of the aforementioned Master Agreement under
authority of Resolution No. approved by the Administering Agency
on (See copy attached)
The Administering Agency further stipulates that as a condition to payment of
funds obligated to this project, it accepts and will comply with the covenant
remarks setforth on the following pages.
PROJECT TERMINI•
DIAMOND BAR BOULEVARD: GRAND AVENUE TO STATE ROUTE 60
TYPE OF WORK: PAVEMENT REHABILITATION LENGTH: 1.6 (MILES)
PROJECT CLASSIFICATION OR PHASE(S) OF WORK
[ l Preliminary Engineering .[ ] Right -of -Way [ ]
[ ] Construction Engineering [X] Construction
Estimated Cost Federal Funds Matching Funds
Local OTHER OTHER
$ 1177000 33D $ 10419980 $ 135002 $ 0 $
City of Diamond Bar STATE OF CALIFORNIA
Department of Transportation
By By
Chief, Office of Local Programs
Project Implementation
Date Date
Attest
Title
I hereby Certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting OfficerDate
Chapters Statutes I Item
303 1995 2660-101-890
Year Program
95-96 20.30.010.810
$ 1041998.00
L
1BC1 Fund Source I AMOUNT
C 262040 892-F
1041998.00
Page 1 of 2
07-LA-0-DMBR DATE: 06/12/96
STPL-5455(001)
SPECIAL COVENANTS OR REMARKS
1. All maintenance, involving the physical condition and the
operation of the improvements, referred to in Article VI
MAINTENANCE of the aforementioned Master Agreement will be
performed by the Local Agency at regular intervals or as required
for efficient operation of the completed improvements.
2. The Local Agency will advertise, award and administer this
project in accordance with the current Local Program Procedures
or the new Local Programs Manual, when issued.
3. The Local Agency will furnish a qualified Resident Engineer for
the contract.
4. The Local Agency will reimburse the State for their share of
costs for work requested to be performed by the State.
5. The Local Agency agrees the payment of Federal funds will be
limited to the amounts approved by the Federal Highway
Administration in the Federal -Aid Project Agreement (PR-2)/Detail
Estimate, or its modification (PR -2A) or the FNM -76, and accepts
any increases in Local Agency Funds as shown on the Finance or
Bid Letter or its modification as prepared by the Office of Local
Programs.
6. In executing this Program Supplemental Agreement, Local
Agency hereby reaffirms the "Nondiscrimination Assurances"
contained in the aforementioned Master Agreement for
Federal -Aid Program.
7. Whenever the local agency uses a consultant on a cost plus basis,
the local agency is required to submit a post audit report cover-
ing the allowability of cost payments for each individual consul-
tant or sub -contractor incurring over $25,000 on the project.
The audit report must state the applicable cost principles utili-
zed by the auditor in determining allowable costs as referenced in
CFR 49, part 18, Subpart C - 22, Allowable Costs.
Page 2 of 2
MIMUTE3 OF THE REDEVELOPMENT AGENCY 404p
REGULAR MEETING OF THE CITY OF DIAMOND BAR
J U LY 2, 1996 ��►
9.1 CALL TO ORDER: Chairman Werner
ROLL CALL: Agency Members Ansari, Harmony, Herrera,
Vice -Chairman Huff, Chairman Werner
Also present were: Terrence L. Belanger, Executive Director; Frank
Usher; Assistant City Manager; Michael Jenkins, Agency Attorney; James
DeStefano, Community Development Director; George Wentz, Public
Works Director; Bob Rose, Community Services Director and Lynda
Burgess, Agency Secretary.
9.2 PUBLIC COMMENTS: None
9.3 CONSENT CALENDAR:
9.3.1 Approved Minutes for June 4, 1996 - AM/Ansari moved,
AM/Herrera seconded to approve the Minutes of June 4, 1996 as
submitted. With the following Roll Call vote, motion carried:
AYES: AGENCY MEMBERS - Ansari, Harmony, Herrera,
VC/Huff, C/Werner
NOES: AGENCY MEMBERS - None
ABSENT: AGENCY MEMBERS - None
9.4 CONTINUED PUBLIC HEARING:
9.3.1 RESOLUTION NO. R-96-06: A RESOLUTION OF THE BOARD
OF THE DIAMOND BAR REDEVELOPMENT AGENCY
APPROVING AND ADOPTING A BUDGET FOR THE DIAMOND
BAR REDEVELOPMENT AGENCY FOR THE FISCAL YEAR
COMMENCING JULY 1, 1996 AND ENDING JUNE 30, 1997,
INCLUDING THE APPROPRIATION OF FUNDS FOR
ACCOUNTS, DEPARTMENTS, DIVISIONS, OBJECTS AND
PURPOSES THEREIN SET FORTH - continued from June 18,
1996.
In response to AM/Ansari, CM/Belanger explained that the
development consultant's study is approximately 1/3 completed.
Environmental Research Associates had been retained by the City
to conduct an economic and marketing research study which is
scheduled for completion by the end of July in accordance with the
contract.
C/Werner opened the Public Hearing.
JULY 2, 1996 RA PAGE 2
There being no testimony offered, C/Werner closed the Public
Hearing.
AM/Ansari moved, AM/Herrera seconded to adopt Resolution No.
R-96-06: A Resolution of the Board of the Diamond Bar
Redevelopment Agency for the fiscal year commencing July 1,
1996 and ending June 30, 1997, including the appropriation of
funds for accounts, departments, divisions, objects and purposes
therein set forth. With the following Roll Call vote, motion carried:
AYES: AGENCY MEMBERS - Ansari, Harmony, Herrera,
VC/Huff, C/Werner
NOES: AGENCY MEMBERS - None
ABSENT: AGENCY MEMBERS - None
VC/Huff suggested that the Agency name be changed to the "Economic
Development Agency of Diamond Bar," which, in his opinion, better
defines the role of the Agency. The matter was referred to the Agency
sub -committee for review with a written report back to the Agency to
determine whether the item will be placed on a future agenda for
consideration.
With no further business to conduct, the meeting was adjourned at 10:35
p.m.
LYNDA BURGESS, Agency Secretary
ATTEST:
Chairman
MINUTES OF THE REDEVELOPMENT AGENCY
REGULAR MEETING OF THE CITY OF DIAMOND BAR
JULY 16, 1996
10.1 CALL TO ORDER: Chairman Werner
ROLL CALL: Agency Members Ansari, Harmony, Herrera,
Vice -Chairman Huff, Chairman Werner
Also present were: Terrence L. Belanger, Executive Director; Frank
Usher; Assistant City Manager; Amanda Susskind, Assistant Agency
Attorney; James DeStefano, Community Development Director; George
Wentz, Public Works Director; Bob Rose, Community Services Director
and Lynda Burgess, Agency Secretary.
10.2 PUBLIC COMMENTS: AM/Harmony asked why Agency Member
comments are not included in the agenda. He requested progress reports
from consultants.
ED/Belanger responded to Chair/Werner that the Agency may, at its
discretion, direct staff to include Agency Member comments as a regular
agenda item.
The Agency Members concurred to direct staff to include "Agency
Member Comments and "Sub -Committee Reports" in future meeting
agendas.
ED/Belanger responded to C/Werner that RSG Consultants had
completed approximately 2/3 of the Blight Study and financial analysis
and indicated that a study rough draft will be available to staff on or about
August 1. ERA has essentially completed the Economic and Market
Research study. A draft report will be'presented to staff the first part of
August. Staff meets with the consulting groups bi-weekly to discuss
progress. Approximately 50% of designated funds have been paid toward
work performed.
AM/Harmony stated that he would like the Redevelopment Agency to
participate in discussions with consultants prior to and during studies.
AM/Ansari requested consultant's written reports be included in the
August 6 agenda.
VC/Huff indicated that when the consultants have complete compilation of
the statistics, they will appear before the Redevelopment Agency for a
discussion session.
C/Werner stated that he preferred the consultants complete their work
and return the information to the Redevelopment Agency for discussion
according to the Agency's original instructions to staff.
JULY 16, 1996 PAGE 2 RDA
10.3 APPROVED MINUTES - AM/Ansari moved, AM/Harmony seconded, to
approve the June 18, 1996 Minutes as presented. Motion carried 5-0.
There being no further business to discuss, C/Werner adjourned the
Redevelopment Agency meeting at 10:22 p.m.
LYNDA BURGESS, Agency Secretary
ATTEST:
Chairman
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO. "
TO: Terrence L. Belanger, City Manager
MEETING DATE: August 6, 1996 REPORT DATE: July 30, 1996
FROM: George A. Wentz, City Engineer
TITLE: Exoneration of Cash Deposit in Lieu of Grading Bond (Faithful Performance, Labor & Material) for
1818 Diamond Knoll in Diamond Bar.
SUMMARY: The Principal, Carole Piermarini requests the release of her Cash. Deposit in Lieu of Grading
Bond for improvement security as required in accordance with the Subdivision Map Act. The City Engineer
finds that the Principal performed all works as shown on the grading plan on file with the City.
RECOMMENDATION: It is recommended that the City Council approve the exoneration of Bond No. 123-
48807-4, in the amount of $2,880.00 deposited with Coast Federal Bank on July 26, 1995 and that the City
Clerk notify the Principal and Surety of this action.
LIST OF ATTACHMENTS: X Stafl' Report
Resolution(s)
Ordinances(s)
_ Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST.
Public Hearing Notification
Bid Specification (on file in City Clerk's Office)
x Other: Final Grading Certificate and copy of bond.
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 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:
REVIEWED BY:
Terrence L. Belar Frank M. Us e
City Manager Assistant City Manager