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HomeMy WebLinkAbout8/6/1996citN 0� cou�a Cl 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 hours prior to the meeting. Agenda are available electronically and may be accessed by a personal computer through a phone modem. Every meeting of the City Council is recorded on cassette tapes and duplicate tapes are available for a nominal chuge- ADA REQUIREMENTS A cordless microphone is available for than persons with mobility impairmsnts who cannot access the public speaking area. Sign language interpreter services an also available by giving notice at least tine busimeas days in advance of the meeting. Mom Oleo— (909) 860-2489 between 8 a.m. and S p.m. Monday through Friday. HELPFUL PHONE NUMBERS Copies of Agenda, Rules of the Council, Cassette Tapes of Meetings (909) 860-2489 Computer Access to Agendas (909) 860 -LANE General Information (909) 860-2489 NOTE: ACTION MAY BE TARN ON ANY ITEM IDEM umu ON THE AGENDA. .I' , i Li11Yi III'u � �• ;w "�Yb• i�l },�e'Ml' 4Y .il ,ll 11III � I , ,I , ,,I.W1 :� IIFYr w wlml��u10X'I ''� I �'�kx ,�P li Iliil'..11 ylf$"1 ii"lI I:. a �tlYvtSY gl�plulq,;;ip�'�ir2yi1Lil1�(uIIIIX}411HBtl�I�XF'r i� a �l'�i1II1�I p.i ,� 'ieL9,I1II'"I'JII .'°i�! !',I !uIMrII, w!v.lua11 x I',„I 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 - ,-- . 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. 4lic lilt sk i�.�j g$g� 5 a ' 3 *.law th Cos o °w b -.a 2103 g � w O 3 8 .. I I° u -' a O dz x 4lic lilt sk i�.�j g$g� 5 a ' 3 *.law th Cos o °w b -.a 2103 g � w O 3 8 .. I I° u -' ca 00 d Jd to �, �•m � � � �3.� 3�.�� ��•� 0 8 � --� o � c.� a,u ai o N.0 c c� wi AV— e5 ;AN .r �j 7•. '7"' .r � � � d0 �.. al a. 4r to b � T VA J-5 p ! p _ G .r T � G •�� •�b'� � �, � � .�D ~ •�p, .St � c� '� CoL � O � O v ^� G � :a O s OC • R «+ cs ib 0 Oro Wj mu C C' 3 d ' .� 0 u vi qad u a R or - CF s o ti o � �'- •1 o a3e .r � � c �'E eaU C S3 a d U O F .N o .+M� ,� vJ o VV s o Wcc y o Q R E � c 9 �{ 'C 'O � y,� � � b �j `�' � � .Q O O � v 4. p O O z u 3 U on n O H ►v. .5 u >, v ... c g, .'� �' o U u 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 f�N Cm4f�INoNoapR IRS{ Pan 1 Inumm couuissioN 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. C11AIM m0.Jo---4 - -- , - -•- Irk, unctions could be rescheduled to relieve the parking e Park f group could be scheduled for the afternoon CIi_aw suggested some Heritage Tot's g p suggested the Tiny I ti situation. He further sugg *u G� NR� 6�jpi kip a Nilreaiif.. 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 S3SSV1:) 1JVHINO:) 'SZ lsnSny Alalew!xoidde uiSaq of pappayos aae sanSeal lxau ayl •uoseas ayl olui salaam inoj Alluaamo aae sanSeal Ilegl4os pue lieglqseq llnpV S1bOdS -tinoV alepdn Su!nnolio, ayl poluosaid uewmo8/SSS sassel' loealuOD Jo aSaeyo -ui si oynn ls!le!oadS uo!lea�oa� 'ueyelleD uaalloD paonpoalu! uewmo8/SSD •alepdn uol;eaaaab •s :SW311 7VNOI1VWHOlNI auoN - SANISf18 alO •an!aQ /(aldol -3 099 LZ 'IIeH Al!D le •w -d 0£: l le 9661 'Z Aln( laaw of paajSe aall!wwoogns ayl •su!laaw lxau sl! le d321 IWJP ayl jo Ma!naa ayl ui aled!onied ll!m uo!ss!wwo' uo!leaaoall pue sired ayl Jo sjagwaw an!J ayl d" l3eip ayl;o alepdn ayl yl!M}}els lslsse of aall!wwoogns ueid JalseW silaed ayl of ItlJauu!3/:)n pue mMjD palu!odde aA1/j!e4D •ae8 puowe!Q jo so!ydeaSowop yl!m aall!wwoogns ayl ap!noid }bels leyl palsonbai AlJauu!3/:)A 'd321 leap ay jo alepdn ayyl!m #els ls!sse of aall!wwoogns ueld lalseyN silaed 941 01 sJauo!ss!wwoD owl lu!odde uo!ss!wwOD uo!leaaaaS pue silted ayl my spuawwoaaa YelS -Aanans uaz!l!o pue'sleoS ayl Su!na!yoe aoj ueid pue sleoS ;o luawalels 'AJOluanu! luaiino Su!pnpu! ueid *a)'spw silJed a jo sluawala o!seq ayl janoo II!^^ la8pnq dAN luai ino ayl •siaylo pue '(:)la 'Su!aolnl `ylleay leluaw) veld jaisew ylnoA 'luawala l!eal (•ola'SSu!laaw aoi woo -s M!unwwoD 'AialleD 'ialeayl 'JaluaJ ao!uaS 'IIeH Al!� 'Ajeaq!1 P Su!pnpui sSu!pl!nq o!lgnd pue ilaed) ueid �(l!1!oe;'(/l!unwwoo ayl anaas of shied jo saDe padolanap 0 L 1 aney pinoys ae8 puowe!Q leysalelo!p piepuels leuo!leu ayl -silted padolanap }o sane Sb Alolew!xoadde sey Alluaiino uo!leaaoaS I sired V aSe d 9661 LZ aun( 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 '6£ 'ON PP3sla ul slied ;alood ani; aie away; 4eyl papuodsai aso-d/dSJ *lied japod ayl Sulule�ulew aoj alglsuodsaa si 04m'pue „lied lalood„ jo uoijiugap a aoj palse aouuo:),O/O :S1N3W3:)NnONNV •Supaaw llouno:) Aj!:) 9661 'Z AInf aye le anileivasaidai paleuSisap s,uolsslwwoD uoljeaioa-d pue died aye aq of �jauui HDA pajulodde aA1/aley:) '0-S panoadde seen uOpow ayl •uoijsanb ayj aoj palleo aA1/aleyD „lied ainin; a se paieuSisap aq pinoo leyl puel MIJ Jo saioe xis joi oialo.v of puel snldans paaaplsuoo sa.�oe S'9 aye denns of A4lunwwoo ayj o; lelogauaq ajow aq p1noM1i 'Aliadoid snldans aye llas ueyl jayiej myj puawwooaa stay; ley sem uolsslwwoJ ayi }o uolsnlouoo ayl •puel snldms aye ;o ales pasodoid ayl SuipieSai apple iadedsnnau e jo ilnsai a se epuaSe ayi uo paoeld sem wall A:)uaSJawa ue Sullaaw uoisslwiuo' uo11e0ao0b pue died s;IgSiu 4sel je„ fey; aleolpul pue I seuew A4IJ ayl ou poda.i pinoM ay my pajels pue aAi/aley� of papuodsai aso*d/dSJ •sanljeuaajle pains Alsnolnaad a41;o aaa41 Ile asloaaxa uolsslwwo:) uolpeanall pue seed ayl Ie41 Jouuo:),O/J Aq papuooas 'uollow a apew AliauulzIDA •uosiad llouno:) anlpadsaa mayj of uoluldo J1a41 ssnoslp pinoo jagwaw uoissiwwoD pea 1eyj pains iaylanj aH •uolsslwwo' uoljeaaoa_d pue seed ay; 3o suolsnlouoo pue slySnoyl ayj Sulllejap jaseuew An ayi of wnpuejowow a alpm yels wy isanbai pinoo uolssiwwoD ayj 'uo11epu9wwoo0a s,aso-d/aS' of anljewajIe ue se fey; pajels oue4aasad/QQD 'SuPaaw 966 l 'Z AInf ay le IlounoJ ayi of leads pue uolsslwwoD ayi jo 41eyaq uo aeadde of pajulodde aq pinoys uosaadsalods e llounoJ AjIJ aye of uol;epuawwooaj a anew oi sayslM uolsslwwoD uolleaaoall pue seed ayl }l ;ey; aouuOD,0/J 01 popuodsa,i asod/aSD •puel aye denns ueya aay�e� aseyomd 01 uolldo sly aslojaxa o; uasoyo sey OJaPJV •aw pa;els aA-L/aley:) -lied a joj denns ay; ul panla:)aJ same ie13 xis aye asn pue dells /,4aadoid aye alaldwoo AjIJ aye wy llouno:) AI:) ayi of puawwooaa p1noys uolsslwwoD aya 1eyj pajels Melo 'ales ayl ao dells aye aa4a 41lM paaooad of pajeSligo Allenpe.luoo sl /40 044 ley pa�eolpul Aliauu' J/DA •Aliado id ayj }o doj ayj pue prom uo11e0Jo9S 78 sued 0 L aSed 966 l 'LZ oun f 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 p aq Avm aaagg pagpoTpuT aH •saanspew uoTgabTgTm papuaumzooaa aaagq 4saT3 aqq gqTM A4TnoT33Tp seq goango aqg gpgg apxuTbaTA/O og papuodsaa queao *JW -oTjjpaq aqq aoj uzaTgoad snopuaaaoq p buTgpaao ss uoTgnjos stgq sass aq pagsoTpuT aq pus eaae goango aqg gbnoagg Tanpaq oq aoupgsTp aageaab gonm p anpg TTTM sago 'pazTTTgn sT ssaaba/ssaabuT ATaaggnos agg 3I-anuaAV pupaq pus antau sbuTads uapToD qo aauaoo aqq ge pappe uaaq seg buTxaed gueuemaed gegg pagsoTpuT aH -401 buTxapd aqq 04UT MOIJ oT33eaq aqq papnTouT Apngs oT33ea4 aqs -AgToedeo buTgpas guaaano sqT oq goango aqg Jo Tapouzaa TpuT3 agq qo uoTgaTdutoo uodn pagonpuoo sem Apngs oTgjpag aqg gegq 3[TgSI/aTegD oq papuodsaa qupaD -ays -Tadugo AapnTUD ao; Apngs oT33paq aqq pagonpuoo uedsuoaao pup meq 'ggoosuTZ gpgq XTgSI/aTegD oq papuodsas nTq/MdGu -ssaooad gTmiad asa TpuoTgTpuoD aqq buTanp ponssT Apngs oT3gpag aqq ggTm buTATduzoo aap Aagq gpgg pagpgs aagganJ aH -saanSP9M uoTgebTgTw pasodoad aqq oq sanTgeuaagTP aTgTssod qno xaom pup 33p4s s,AgTO aqq gqTM 4a8m oq axTT pTnom goango aqq pagsoTpuT aH -aATIG sbuTads uapTOD uo aoupague ATaaggaou 810M aqg uegg aaTTeuzs gonm sT aoupague ATaaggnos aqg aouTs MaTgoad aagpaab gonux p asnpo pTnom AeMaATap sTgg 3o aansoTo aqs -ssaaba/ssaabuT uTPUI aqg aq og aapTsuoo Aaqq gpgm 33o buTsoTo ggTM pauaaouoo sT goango aqg pagegs 'TadpgD AapATPO 'aogpagsTuTMPV 'gupao aTuaag -uaaouoo uoTgsabuoo/uoTgpTnoaTo oT3jpaq aqq aATosaa og saanseaux uoTgebTgTut oTgToods apTAoad Aaqq gegq gsanbea pup T9dpg3 AaeATpD uioaq sguaunuoo/gnduT 9AT900a uoTssTMUIOD uoTgpgaosdupas pus oTjjpay aqq qugq spuaunuooaa 33p4s -saanspam uoTgpbTgTm quesead oq TadugD AapATRD gsanbea pup uoTgepuaunuooaa s,quam4apdaa s,JjTaogs aqq ggTM TadpgD AapATRO gopoadde og sT uoTSSTunuoD uoTgpgaodsupas pup oT3Jpas aqq aaojaq uoTssnosTp ao3 g4ao3 aaggpuc sTgg buTbuTaq 3o asodand aqy -suaaouoo oT33ea4 aqq oq goadsaa ggTM AgTO aqq buTgsTssp oq uado uoTsstutncoo SIS OT abed 966T 'VT gOIV I 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 lk 'A4TO agg oq NSTa AgTTTgpTT p go ssaT quasaidea pTnoM sqop qqoq aqq 'UOTUTdo sTq UT 'gpgg pagEgs IeXUTbaTA/D -ATgeaonpgun pup ATgeaoneg papuodsea anew saoggbieN -SUOTgeooT snOTaen gp paTTpgsuT uaaq anpq sgop sggoq pagpgs nTq/MdQQ -sdmnq paads og anTgpuaagTQ up sp (sgop ggoq) sdTags sTgmna pagsabbns apxuTbaTA/D -TTOunOD A4TO aqq oq uoTgepuaunuoOaa aoJ suoTgpTnbaa pup saTna pTTOs ageTnmaOJ pup gaodea agg UT pauTTgnO se saToTTod aces aqq MOTTo3 pTnogs apg puomeTQ gpgq pagsabbns aH 'bUTg4OU PTP A4TO agg 'Apngs aqq 3O UOTsnTOuoO aqq qK 'ansST dmnq paads aqg go Apngs anTsuagxa up pagOnpuoO STTTH ouTgD gpgq papuOBq/Dp og papuodsaa nTZ/MdQQ -AOTTod dmnq paads a buTquamaTduT aaprsuoo pTnogs AqT, aqq qugq pagsabbns aqg 'AOTTod dutnq paads p ao3 UOTgppuaunuooaa V buTxpm og aOTad gaxoed aqq UT UOTgRWJOJUT aqq gaosgp oq amTg TeuOTgTppp axTT PTnoM aqs pagpgs papuoaq/Dp 'Oga 'OT33pa4 pagaanTp 'asTou 'saTOTgan oq abpupp 'aOuaTuaAUODUT pagTO aq 'aTdmpxa up sV -sdmnq paads aqq 3O UOT49TTe4suT aqq Aq pagoa;jp sguapTsaa aqq go suaaouoo aqq buTpapbaa UOTgemaOJUT uTVgUOD you pTp gaodea aqg pagR4S aOTH/D -paaTnbaa aq pTnOM squepTsea poogaogqbTau aqg 30 saangpubTS UOTgTgad go abpguaOaad amps aqq 'panomaa dmnq paads aqq anpq og sagsTM poogaogqbTsu aqg JT 'UOTgTppp UI -dmnq paads agg 3o aonp3 UT uoTgTgad p uo saangpubTs saoggbTau sTq Jo $SL JO %99 u. qo gsaTj gsnu dmnq paads a JO UOT4pTTp4suT gsanbaa ggbTm oqM uazTgTo p 'aTdmexa up sp 'AgTD aqq Aq pagdopp seM AOTTod dmnq paads a 3T gpgg pauTRTdxa XTgsl/aTegO -gaodea aqq 91T3 pup gnuTpM pup sTTTH ouTgD 'puappspd go saTgTo aqq aoj sdmnq paads ao3 sauTTapTnb/saToTTod agg MaTnaa uOTSSTmmOO uOTgpgaodsupal pup oTjjpal aqq gpgq spuauuooaa 3ju4g -AoTTod aqg ao3 SUOTgeTnbaa Pup saTna a4pjnuzao3 gsnuz qT 'sdunq paads go adA4 Cup uoissiu�aoD yes ST ebpd 966T 'tT KOJVK 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 aH •sguapTsaa poogaogqbTau aqg Og guas saaTeuuOTgsanb 009 ageu<Txoadde agg og sasuodsaa LET aqg zo sTsdouAs e paguasaad aH •gnduT pue quaUlaAtonuT AgTunuruuoo ST Apngs aqg 30 ssaOOns 944og guaTpaabuT TeTguassa ue pageOTpuT aH •punoabXOeq stq pagegs 'euV egueS 'anuaAV uTgsny •N OZOZ 'sageTOossV gsno3-uT4snV 'gsno3 aor •snsuasuoo poogaogqbTau 3o uoTgegTTTOPJ agg pue sguapTsaa poogaoggbTau Jo 4u6utaATOAuT aqg aq TITM STEob asagg buTAaTgOe go guauodmoo TeOTgTaO aqs •sguapTsaa aqg moa3 Tenoadde snsuasuoo go aTgedeO sT 4eg4 ARM OT4eM94SAS a UT smeTgoad aqg 8AT099a TTTM gegg ueTd guaucabeue�u OT33e,q poogaoggbTau a doTanap (C pue 'sivalgoad aqq go sasneo pue aangeu 'suOTgeoOT OTJToads agg A3i4u9pT oq gdmagge (Z 'smaTgoad OT33eag agg og d?gsuOTgelaa sgT pue OT33ea4 gbnoagg aqg AJTguapT (T :Apngs aqg ao3 gas uaaq aneq STeob aaags •Apngs aqg buTgonpuoo uaaq seg 'MaTj buTgTnsuoo buTaaauTbua s,AgTO agg " OuI 'sageToossv 4sno3-uTgsng •966T 'ST aagmaoaQ uo ITOunoO AgTO aqg Aq panoadde SUM uoT4epu9uauo0aa STU •eaae aqg UT Apngs DTJJeag poogaoggbTau a gonpuoo og SUM uOTgepuaututoOaa s,uoTSsTmuioO aqg 'aOuaTaadxa Aagg OTjjeag gbnoagg-gno aqg buTpaebaa uaaOuoO ,sguaprsaa anTaQ MaTA Aaguno0 buTATaOaa uodn gegg pagegs nT'I/MdQQ •ease aATXa gTEung TTQna/aATaQ ABTA Aiguno0/pao-d TTOUX buTTTOH aqg ao; Tj dogsxsoM dpngg oTj;vsy poogzoggbTeH •V ('m•d 5£:s) :JNIy$3W oI'Iend .AUK UT epuabe buTgaam TTounoO AgTO aqg uo paOeld aqutagT STgg gsanbaa TTTM aq gegg XTgsI/aTegO og papuodsea nTZ/MdQQ auoN : sHaROISSINHOD auoN :SHSNOISSINNOD XTgsI /aTeg0 : SHaNOISSINNOD paeuoaZ/OA 'aOTN 'eARmes 'aexuTbaTA :SHSNOISSINHOD buTMOIIOJ aqg ggTM T -V panoadde sem uOTgout aqg papuoOas eAeutes/O •anTJQ x99a0 paxooa0 aATJO aegS buTSTH egTsoddo uOTgeOOT OATaG sbuTads uTeguno3 30 apTs ggnOs aqg utoaJ panoutaa aq guTed pea aqg gegg :lxasgv Nivis9v :SSON :TTeO TToa aqy •uoTgout og ATaagsaM aqg uaaMgaq aqg uo gano TTounoO AgTO *IIA uoTssT�maoO y3S OT ebvd 966T 'TT TTady 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 r Y.32 2 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. 11/29/95 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. 11/29/95 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: 11/29/95 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. 11/29/95 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. 11/29/95 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