HomeMy WebLinkAbout11/18/1997Citti co'lfacl
AG-FNDA
Tuesday, November 18, 1997
6:30 p.m. Regular Meeting
South Coast Air Quality Management District
Auditorium
21865 EastCopleyDrive
Diamond Bar, California 91765
Mayor
Mayor Pro Tem
Council Member
Council Member
Council Member
City Manager
City Attorney
City Clerk
Bob Huff
Carol Herrera
Eileen Ansari
Clair Harmony
Gary Werner
TerrenceL. Belanger
Michael Jenkins
Lynda Brrrgess
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
acconunodation(s) in order to communicate at a City public meeting, must inform the City Clerk
a nuninuun of 72 hours prior to the scheduled meeting.
DIViOND RAH,1
PleaseWEEK-refrain from snrokrnv, cahn,L� nr cb nrkutR �r'9 The City of Diamond Bar uses recvcled paper
and encourgQes you to du the snore.
nn the Council C'harnher•s
PUBLIC INPUT
The meetings of the Diamond Bar City Council are open to the public. A member of the public may address the
Council on the subject of one or more agenda items and/or other items of which are within the subject matter
jurisdiction of the Diamond Bar City Council. A request to address the Council should be submitted in writing to the
City Clerk.
As a general rule the opportunity for public comments will take place at the discretion of the Chair. However, in
order to, facilitate the meeting, persons who are interested parties for an item may be requested to give their
presentation at the time the item is called on the calendar. The Chair may limit the public input on any item or the
total amount of time allocated for public testimony based on the number of people requesting to speak and the
business of the Council.
Individuals are requested to refrain from personal attacks toward Council Members or other persons. Comments
which are not conducive to a positive business meeting environment are viewed as attacks against the entire City
Council and will not be tolerated. If not complied with, you will forfeit your remaining time as ordered by the Chair.
Your cooperation is greatly appreciated.
In accordance with Government Code Section 54954.3(a) the Chair may from time to time dispense with public
comment on items previously considered by the Council. (Does not apply to Committee meetings)
In accordance with State Law (Brown Act), all matters to be acted on by the City Council must be posted at least
72 hours prior to the Council meeting. In cases of emergency or when a subject matter arises subsequent to the
posting of the agenda, upon making certain findings, the Council may act on an item that is not on the posted
agenda.
CONDUCT IN THE CITY COUNCIL CHAMBERS
The Chair shall order removed from the Council Chambers any person who commits the following acts in respect
to a regular or special meeting of the Diamond Bar City Council.
A. Disorderly behavior toward the Council or any member of the thereof, tending to interrupt the due and orderly
course of said meeting.
B. A breach of the peace, boisterous conduct or violent disturbance, tending to interrupt the due and orderly
course of said meeting.
C. Disobedience of any lawful order of the Chair, which shall include an order to be seated or to refrain from
addressing the Board; and
D. Any other unlawful interference with the due and orderly conduct of said meeting.
INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL
Agendas for the regular Diamond Bar City Council meetings are prepared by the City Clerk and are available 72
hours prior to the meeting. Agendas are available electronically and may be accessed by a personal computer
through a phone modem.
Every meeting of the City Council is recorded on cassette tapes and duplicate tapes are available for a nominal
charge.
ADA REQUIREMENTS
A cordless microphone is available for those persons with mobility impairments who cannot access the public
speaking area. Sign language interpreter services are also available by giving notice at least three business days
in advance of the meeting. Please telephone (909) 860-2489 between 8 a.m. and 5 p.m. Monday through Friday.
HELPFUL PHONE NUMBERS
Copies of Agenda, Rules of the Council, Cassette Tapes of Meetings (909) 860-2489
Computer Access to Agendas (909) 860 -LINE
General Information (909) 860-2489
NOTE: ACTION MAY BE TAKEN ON ANY ITEM IDENTIFIED ON THE AGENDA.
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THIS MEETING IS BEING BROADCAST LIVE BY JONES INTERCABLE
FOR AIRING ON CHANNEL 12, AND BY REMAINING IN THE ROOM,
YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED. THIS
MEETING WILL BE RE -BROADCAST ON THE SATURDAY FOLLOWING
THE COUNCIL MEETING AT 10:00 A.M. ON CHANNEL 12.
CLOSED SESSION:
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
INVOCATION:
ROLL CALL:
Next Resolution No. 97-71
Next Ordinance No. 08(1997)
None
6:30 p.m., November 18, 1997
Mayor Huff
National Anthem - horn players,
Pacific Drum and Bugle Corps
Calvary Chapel of Diamond Bar
Council Members Ansari,
Harmony, Werner, Mayor Pro Tem
Herrera, Mayor Huff
SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
3.1 Presentation of Proclamation to kickoff Christmas Seals
Campaign Month conducted by the American Lung Association
of Los Angeles County.
3.2 Proclaiming the remaining holiday months of 1997 and all
of 1998 as "Buckle Up for Life Challenge."
3.3 Presentation of Certificate of Recognition to Marcia
Mednick, outgoing President/CEO of the San Gabriel Valley
Commerce and Cities Consortium
3.4 Presentation of Certificate of Recognition to Master
Young In Cheon of the U.S. Taekwondo Center in Diamond
Bar on his award as "National Coach of the Year" by the
U.S. Olympic Committee
3.5 Presentation of Certificates of Recognition to Award
recipients in the Annual Waste Prevention Incentive
Awards Program
3.6 Introduction of and presentation by Nancy Hickman,
General Manager of Century Cable.
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
NOVEMBER 18, 1997 PAGE 2
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 PARKS & RECREATION COMMISSION MEETING - Thursday,
November 20, 1997 - 7:00 p.m. - AQMD Board Hearing Room,
21865 E. Copley Dr.
5.2 BREA CANYON ROAD/PATHFINDER FROM COOL SPRINGS TO FOUNTAIN
SPRINGS STREETSCAPE DESIGN PROGRAM WORKSHOP - Thursday,
November 20, 1997 - 6:30 p.m. - Heritage Park Community
Center, 2900 Brea Canyon Rd.
5.2 TOWN HALL MEETING REGARDING ECONOMIC REVITALIZATION -
Saturday, November 22, 1997 - Castle Rock Elementary
School, 2975 Castle Rock Rd.
5.3 PLANNING COMMISSION MEETING - Tuesday, November 25, 1997
- AQMD Auditorium, 21865 E. Copley Dr.
5.4 THANKSGIVING HOLIDAY - Thursday, November 27 and Friday,
November 28, 1997 - City Offices will be closed. Will
reopen Monday, December 1, 1997.
5.5 CITY COUNCIL MEETING - Tuesday, December 2, 1997 - 6:30
p.m., AQMD Auditorium, 21865 E. Copley Dr.
6. CONSENT CALENDAR:
6.1 APPROVAL OF MINUTES
6.1.1 Town Hall Meeting of October 25, 1997 -
Approve as submitted.
6.1.2 Regular Meeting of November 4, 1997 - Approve
as submitted.
Requested by: City Clerk
6.2 PLANNING COMMISSION MINUTES - Regular Meeting of
September 23, 1997 - Receive & file.
Requested by: Planning Division
NOVEMBER 18, 1997
PAGE 3
6.3 VOUCHER REGISTER - Approve Voucher Register dated
November 18, 1997 in the amount of $1,055,344.29.
Requested by: City Manager
6.4 CLAIM FOR DAMAGES - Application for Leave to File a Late
Claim filed by Clair W. Harmony on September 22, 1997.
Recommended Action: It is recommended that the City
council reject the application for Leave to File a Late
Claim.
Requested by: City Clerk
6.5 SLURRY SEAL ON PATHFINDER BETWEEN SHADED WOOD ROAD AND
THE WESTERLY CITY LIMIT - PARTICIPATION WITH L.A. COUNTY
DEPARTMENT OF PUBLIC WORKS PROJECT - County Public
Works is in the process of completing plans and
specifications for their 1997-98 Slurry Seal Project in
the Hacienda Heights area. The City has been asked to
participate in the program and slurry seal the remnant
portion of Pathfinder Rd. between Shaded Wood Rd. and
1175' north of Brea Canyon Cut-off (Diamond Bar City
Limits). The cost estimate for the City's share of the
project is $15,000 which includes slurry seal, signing,
striping, inspection services and project administration.
The remaining portion of Pathfinder Rd. will be not
scheduled for slurry until FY 2000-2001.
Recommended Action: It is recommended that the City
Council allocate $15,000 from unappropriated Gas Tax Fund
and increase the Capital Improvement Projects Fund by
$15,000 for the City's share of the project and authorize
the City Manager to enter into an agreement with L.A.
County Department of Public Works for participation in
their 1997-98 Slurry Seal Project.
Requested by: Public Works Division
6.6 AWARD OF CONTRACT FOR AS -NEEDED TREE PLANTING SERVICES -
The City is responsible for over 10,000 trees in its
parks, parkways and maintenance district. Each year,
about 50 to 100 trees need to be replaced because of
damage caused by automobile accidents, vandalism and
disease. In addition, 45 trees along Aspen Grove Ln.
need to be planted due to removal of a similar number for
a sidewalk replacement project. An RFP was released on
August 19, 1997 per Resolution No. 97-61 to obtain an As -
Needed Tree Planting contractor. Proposals were received
from 4 qualified contractors. Based on interviews, the
NOVEMBER 18, 1997 PAGE 4
most qualified contractor to complete this contract is
West Coast Arborists. Cost to complete tree planting
necessary for FY 97/98 is $20,000 which is $10,000 above
funds available in the tree maintenance budget of the
General Fund. The $10,000 necessary to plant 45 trees
along Aspen Grove Ln. is not budgeted. To complete all
work needed for the current fiscal year, an additional
$10,000 needs to be allocated from General Fund reserves.
Recommended Action: It is recommended that the City
Council award a contract to West Coast Arborists in an
amount not to exceed $20,000 for FY 97-98 for As -Needed
Tree Planting services. It is further recommended that
the City Council allocate $10,000 from the General Fund
for planting street trees along Aspen Grove Ln.
Requested by: Community Services Division
6.7 AWARD OF CONTRACT FOR REVENUE COLLECTION SERVICES - In
August, 1993, Council adopted Ordinance 4(1993) and
Resolution No. 93-68 establishing standards for false
alarm systems and a service charge for public nuisance
alarm systems, respectively. Adoption of these documents
caused a substantial increase in accounts receivable
activity with an average of 219 false alarms reported
each month. Of those reported, an average of 75 alarms
per month have exceeded the two alarm limit and are
billable as nuisance alarms. Unfortunately, payments for
over 50% of this activity require additional collection
efforts. Staff has determined that an agency
specializing in revenue collection can most efficiently
make contact with violators and collect delinquent
accounts.
Recommended Action: It is recommended that the City
Council contract with National Revenue Corp. for revenue
collection services at an initial cost of $6,500 for
1,000 accounts. Accounts in excess of the original 1,000
will be billed at a rate of $6.50 per account.
Requested by: City Manager
6.8 RESOLUTION NO. 97 -XX: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR ADOPTING A MORTGAGE CREDIT
CERTIFICATE PROGRAM IN COOPERATION WITH THE COUNTY OF LOS
ANGELES, AUTHORIZING AN APPLICATION TO THE CALIFORNIA
DEBT LIMIT ALLOCATION COMMITTEE IN 1998, 1999, 2000 FOR
AN ALLOCATION FOR THE ISSUANCE OF MORTGAGE CREDIT
CERTIFICATES AND THE TRANSFER OF SUCH ALLOCATION TO THE
COUNTY OF LOS ANGELES - In 1994, the City, in cooperation
NOVEMBER 18, 1997 PAGE 5
with L.A. County, applied to participate in the Mortgage
Credit Certificates (MCC) Program. The Program is
designed to assist first-time home buyers in purchasing
a single family home, condominium or townhouse by
allowing an eligible purchaser to take up to 20% of
his/her annual mortgage interest payment as a dollar -for -
dollar credit against federal income tax. This allows
the qualifying homebuyer to obtain an effective reduction
in monthly mortgage payments by adjusting the allowances
on his/her W-4 to reduce the amount of tax withheld by
the employer. Since the City joined the program, the
following MCC's have been issued: FY 94-95=2; FY
95/96=6; FY 96-97=5. Currently, the City has issued 5
MCC's and 7 are in progress.
Recommended Action: It is recommended that the City
Council adopt Resolution No. 97 -XX adopting a Mortgage
Credit Certificate Program.
Requested by: City Manager
6.9 CONSIDERATION OF GROUND LEASE CONTRACT WITH LOS ANGELES
CELLULAR (LA CELLULAR) TO LOCATE A TELECOMMUNICATIONS
FACILITY UPON AN EXISTING BALLFIELD AT PETERSON PARK - LA
Cellular requests approval of a ground lease to locate an
antenna upon an existing lightpole at Peterson Park. On
August 12, 1997, the Planning Commission approved
Conditional Use Permit 972 and Development review 97-6 to
allow the facility, contingent upon the approval of a
ground lease by the City Council. A ground lease is
proposed at $1,000 per month for the initial five (5)
year term.
Recommended Action: It is recommended that the City
Council approve the ground lease contract with LA
Cellular in the amount of $1,000 per month for five
years.
Requested by: DCM DeStefano
6.10 LOCAL LAW ENFORCEMENT SUPPLEMENTAL FUNDING - CITIZENS
OPTION FOR PUBLIC SAFETY (COPS) - 1997 - The Citizen's
Option for Public Safety (COPS) Program was established
in 1996 by AB3229. The State enacted AB 1584 in August,
1997 which re -authorized the program and continues the
program through FY 1999-2000 at a minimum funding level
of $100 million. The Program is intended for front-line
law enforcement services, including anti -gang and crime
preventions. Council must consider the written request
for funding by the local law enforcement agency at a
NOVEMBER 18, 1997 PAGE 6
public meeting. The monies shall supplement existing
services and shall not be used to supplant any existing
funding for law enforcement services provided by the
entity. The City has been allocated $130,409 for FY
97/98. In addition, the City has $85,000 remaining from
FY 96/97.
Recommended Action: It is recommended that the City
Council review and approve the list received from the
Walnut Sheriff's Station for supplemental services and
equipment and approve the necessary budget adjustment for
receipt and expenditure of the grant funds.
Requested by: City Manager
6.11 RESOLUTION NO. 97 -XX: A RESOLUTION OF THE CITY OF
DIAMOND BAR APPROVING ADVANCE AND REIMBURSEMENT AGREEMENT
NUMBER 5 WITH THE DIAMOND BAR REDEVELOPMENT AGENCY - In
September 1996, the Redevelopment Agency proceeded with
a redevelopment plan adoption process for the D.B.
Economic Revitalization Area. Due to unforeseen
circumstances, the cost for this process has been in
excess of what was originally budgeted for FY 97-98.
This makes it necessary for the approval of Advance and
Reimbursement Agreement Number 5, in the amount of
$25,000. Of this amount, it is recommended that a total
of $7,500 be allocated to Printing ($1,000), Advertising
($5,500) and Postage ($1,000). This is to cover the cost
of notifying the public of the five monthly town hall
meetings which are being held to discuss the
redevelopment process. The balance should be allocated
to Professional Services ($12,500) and Legal Services
($5,000) to fund the purchase order carry over and other
unanticipated costs.
Recommended Action: It is recommended that the City
Council adopt Resolution No. 97 -XX approving Advance and
Reimbursement Agreement Number 5 with the Diamond Bar
Redevelopment Agency.
Requested by: City Manager
6.12 CONSIDERATION OF AN AGREEMENT WITH METRICOM, INC. FOR
INSTALLATION, OPERATION AND MAINTENANCE OF WIRELESS
DIGITAL COMMUNICATION RADIOS WITHIN CITY LIMITS ON
EXISTING LIGHT POLES WITHIN THE CITY'S RIGHT-OF-WAY - A
five-year agreement is proposed with two successive
automatic renewals with the same terms as the initial
agreement, except for the annual fee, which is subject to
adjustment. Contingent upon approval of the agreement
NOVEMBER 18, 1997 PAGE 7
prior to December 1, 1997, the City will receive a
franchise fee, an annual fee, reimbursement of the City's
expenses related to implementation of the agreement and
a tradeout option.
Recommended Action: It is recommended that the City
Council approve the agreement with Metricom, Inc. for
installation, operation and maintenance of wireless
digital communication radios on existing street light
poles.
Requested by: Community Development Department
7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as
matters can be heard. None
8. OLD BUSINESS:
8.1 PROPOSED INCREASE OF HOURLY RATE FOR CITY ATTORNEY -
Shall the City Attorney's general legal services hourly
rate, for the first forty-five (45) hours per month, be
increased from $125 per hour to $130 per hour?
Recommended Action: It is recommended that the City
Council approve an increase in the City Attorney's
general legal services hourly rate (for the first forty-
five .{451 hours per month), from $125 per hour to $130
per hour, effective July 1, 1997.
Requested by: City Manager
8.2 CITY MANAGER COMPENSATION AND CONTRACT MODIFICATIONS -
A contract amendment with the City Manager for inclusion
of a definition for Involuntary Termination for Cause,
creation of Comprehensive Administrative Leave, and
contribution by the City to CalPERS for military buyback
on behalf of the City Manager. Further, a salary range
is proposed for the City Manager classification, and
Schedule A of Resolution 96-53C is proposed to be
amended.
Recommended Action: It is recommended that the City
Council approve: (1) Modification to the City Manager's
Agreement as set forth in the memorandum dated September
2, 1997; and (2) Amendment to Schedule A,of Resolution
No. 96-53C.
Requested by: City Council
Recommended Action:
NOVEMBER 18, 1997 PAGE 8
Requested by: Personnel Sub -Committee
9. NEW BUSINESS: None
RECESS TO REDEVELOPMENT AGENCY MEETING
Next Resolution No. 97-16
1. CALL TO ORDER: Chairman Werner
ROLL CALL: Agency Members Ansari, Harmony,
Herrera, VC/Huff, C/Werner
2. PUBLIC COMENTS: "Public Comments" is the time
reserved on each regular meeting agenda to provide an
opportunity for members of the public to directly address the
Agency on Consent Calendar items or matters of interest to the
public that are not already scheduled for consideration on
this agenda. Although the Redevelopment Agency values your
comments, pursuant to the Brown Act, the Agency generally
cannot take any action on items not listed on the posted
agenda. Please complete a Speaker's Card and give it to the
Agency Secretary (completion of this form is voluntary).
There is a five minute maximum time limit when addressing the
Redevelopment Agency.
3. CONSENT CALENDAR:
3.1 APPROVAL OF MINUTES:
3.1.1 Town Hall Meeting of September 30, 1997 -
Approve as submitted.
3.1.2 Regular Meeting of October 7, 1997 - Approve
as submitted.
3.1.3. Special Meeting of October 22, 1997 - Approve
as submitted.
3.1.4 Town Hall Meeting of October 25, 1997 -
Approve as submitted.
Requested by: Agency Secretary
3.2 VOUCHER REGISTER - Approve Voucher Register dated
November 18, 1997 in the amount $1,140.00.
Requested by: Executive Director
3.3 TRANSMITTAL OF ANNUAL FINANCIAL REPORT AND FINAL AUDIT
NOVEMBER 18, 1997 PAGE 9
REPORT FOR YEAR ENDED JUNE 30, 1997 - The Agency's audit
firm of Conrad and Associates has prepared the FY 96-97
Annual Financial Statement and Independent Auditor's
Report for the Redevelopment Agency.
Recommended Action: It is recommended that the
Redevelopment Agency receive and file the FY 96-97 Annual
Financial Statement and Independent Auditor's Report.
Requested by: Executive Director
3.4 RESOLUTION NO. R97 -XX: A RESOLUTION OF THE CITY OF
DIAMOND BAR APPROVING ADVANCE AND REIMBURSEMENT AGREEMENT
NUMBER 5 WITH THE CITY OF DIAMOND BAR - In September
1996, the Redevelopment Agency proceeded with a
redevelopment plan adoption process for the D.B. Economic
Revitalization Area. Due to unforeseen circumstances,
the cost for this process has been in excess of what was
originally budgeted for FY 97-98. This makes it
necessary for the approval of Advance and Reimbursement
Agreement Number 5, in the amount of $25,000. Of this
amount, it is recommended that a total of $7,500 be
allocated to Printing ($1,000), Advertising ($5,500) and
Postage ($1,000). This is to cover the cost of notifying
the public of the five monthly town hall meetings which
are being held to discuss the redevelopment process. The
balance should be allocated to Professional Services
($12,500) and Legal Services ($5,000) to fund the
purchase order carry over and other unanticipated costs.
Recommended Action: It is recommended that the
Redevelopment Agency adopt Resolution No. R97 -XX
approving Advance and Reimbursement Agreement Number 5
with the City of Diamond Bar.
Requested by: City Manager
4. PUBLIC HEARINGS: None
5. OLD BUSINESS: None
6. NEW BUSINESS: None
7. AGENCY MEMBER COMMENTS: Items raised by individual Agency
Members are for Agency discussion. Direction may be given at
this meeting or the item may be scheduled for action at a
future meeting.
NOVEMBER 18, 1997 PAGE 10
AGENCY ADJOURNMENT:
RECONVENE CITY COUNCIL METING:
10. COUNCIL SUB -COMMITTEE REPORTS:
11. 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.
12. 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 Regular Meeting in
the AQMD Auditorium, located at 21865 E. Copley Drive, Diamond
Bar, California at 6:30 p.m. on November 18, 1997.
I, LYNDA BURGESS declare as follows:
I am the City Clerk in the City of Diamond Bar; that a copy
of the agenda for the Regular Meeting of the Diamond Bar City
Council, to be held on November 18, 1997 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 14th day of
November, 1997, at Diamond Bar, California.
/s/ Lynda Burgess
Lynda Burgess, City Clerk
City of Diamond Bar
U,
TO:
FROM:
ADDRESS:
ORGANIZATION:
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
CITY CLERK
DATE: /��/� 7
PHONE: /
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AGENDA #/SUBJECT: T-1EAl G. 7J�J�Ec' c�G�i zc /�
I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my
name and address as written above.
Signature
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
TO: CITY CLERK
FROM: �� I`a��.��, c.z ���>> DATE:
ADDRESS:
ORGANIZATION:
AGENDA #/SUBJECT:
PHONE:
I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my
name and address as written above.
Signature
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
TO: CITY CLERK
v
FROM: `b_` `' ,,'.`` DATE: /rl
ADDRESS: PHONE:
ORGANIZATION: /
AGENDA #/SUBJECT:
I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my
name and address as written above.
Signature
AMERICAN
- LUNG
ASSOCIATION®
of Los Angeles County
October 21, 1997
The Honorable Eileen R. Ansari
City of Diamond Bar
21660 E. Copley Drive, Suite 100
Diamond Bar, CA 91765
Dear Mayor Ansari
X17 QCT i ',,1 1J- v•j,
5858 Wilshire Boulevard, Suite 300 • P.O. Box 36926
Los Angeles, California 90036-0926
(213) 935-5864
(818) 797-5864
.\ --N FAX (213) 935-1873
I would like to request a proclamatio uting Christmas Seals ai
that are members of your com ity who work year round to figl
of our awareness campaig o highlight the 90`x' annual campaign.
would like to present you 'th Christmas Seals at the proclamatic
will then be sent to local pres '.. yc.ir area.
The Christmas Seal Campaign® raises funds for lung health education and research
programs for the prevention and cure of lung diseases including tuberculosis, lung cancer,
asthma and emphysema. This year, we hope to raise $1.2 million to continue helping
Los Angeles County residents breathe easier.
Enclosed, you will find additional information on Christmas Seals, the American
Lung Association and a sample proclamation. Deborah Maxwell in our Communications
Department will be contacting your office soon to discuss specific details.
Sincerely,
Enrique Chiock
President & CEO
EC:dm
Enclosures
1. Sample Proclamation
2. Christmas Seals
3. History of Christmas Seals
4. Lung Disease Data 1997
0 00,1"i nrl rru ilyd/�rn�,i.
\
GREATER L`S ANGELES CHAPTER NATIONAL SAFETY COUNCIL
3450 WILSMRE BOULEVARD * SUITE 700 • LOS ANGELES CALIFORNIA 90010
(800) 421-9585 • (213) 385-6461 • FAX (213) 385-8405 • WWW. GLACNSC.COM
Nov!mber, 1997 Q,
� 1 .
Honorable Mayor-
Safety belts, infant car seats and child restraints have saved over 30,000 lives Despite this figure;
20% of Californians are still not wearing their seat belts. Some mistakenly believe that if their
vehicle is equipped with an airbag, they do not need to wear their seat belts. ;
There is no better known way to reduce traffic fatalities and prevent serious injuries than to use a
seat belt or child restraint- The proof of their effectiveness has led 48 States to enact seat belt
laws
For these safety and economic reasons, the Greater Los Angeles Chapter National Safety Council
urges your City to renew its commitment to the '"Buckle Up for Life" Program.
Our target is 100% safety belt/child restraint usage Your official proclamation (sample enclosed)
in support of the `Buckle Up for Life Challenge" is still of primary importance in achieving this
goal.
Your official City -Wide policy on safety belt usage is vital to this effort Educational programs to
increase seat belt use are a necessity. Our Safety Council has many educational materials
available to you at not cost. Just contact us at (213) 385-6461 so we may help you.
Best wishes for a safer 1998. We look forward to receiving your 1998 `Buckle Up for Life"
Proclamation to put your City, along with so many others, on the side of saving lives and
preventing injuries in Southem California
Cordially
IKAPLAN,
President
JN1K: CA
Encl
SAMPLE PROCLAMATION
BUCKLE UP FOR LIFE CHALLENGE
November 1, 1997 through 1998
WHEREAS, traffic crashes are the NUMBER ONE killer of Americans, ages 1-38, and last year
in California, 3,972 people were killed in traffic crashes, on our streets and highways; and
WHEREAS, the safety seat belt has been proven to be the most effective life-saving and injury -
reducing device for all types of motor vehicle crashes; and
WHEREAS, as many as 2,000 lives could be saved each year if every driver and passenger in
California would wear safety seat belts during every trip in a car; and
WHEREAS, the BUCKLE UP FOR LIFE CHALLENGE has been extended through 1997
and
WHEREAS, this extension will give city governments, community organizations, business,
industry and labor an additional opportunity to help bring about a significant increase in seat belt
and child car seat usage, by focusing public attention on the life-saving benefits of these safety
devices; and
WHEREAS, the Greater Los Angeles Chapter National Safety Council has invited all of
Southern California to join in this vital effort to reduce the terrible carnage that prevails on our
streets and highways.
NOW, THEREFORE, BE IT RESOLVED, that the City of ,
renews its commitment to the vital BUCKLE UP FOR LIFE CHALLENGE, hereby proclaims
the remaining holiday months of 1997 and all of 1998 as
BUCKLE UP FOR LIFE CHALLENGE
and pledges to make every possible effort - - through ceremonies, programs and activities --to
encourage its citizens to buckle up their seat belts and child safety seats each and every time they
travel in a motor vehicle.
GREATER LOS ANGELES CHAPTER NATIONAL SAFETY COUNCIL
3450 WILSHIRE BOULEVARD • SUITE 700 • LOS ANGELES CALIFORNIA 90010
(800) 421-9585 • (213) 385-6461 • FAX (213) 385-8405 • WWW_ GLACNSC.COM
November, 1997
z
t
Honorable Mayor:
Safety belts, infant car seats and child restraints have saved over 30,000 lives. Despite this figure,
20% of Californians are still not wearing their seat belts. Some mistakenly believe that if their
vehicle is equipped with an airbag, they do not need to wear their seat belts.
There is no better known way to reduce traffic fatalities and prevent serious injuries than to use a
seat belt or child restraint. The proof of their effectiveness has led 48 States to enact seat belt
laws.
For these safety and economic reasons, the Greater Los Angeles Chapter National Safety Council
urges your City to renew its commitment to the `Buckle Up for Life" Program.
Our target is 100% safety belt/child restraint usage. Your official proclamation (sample enclosed)
in support of the "Buckle Up for Life Challenge" is still of primary importance in achieving this
goal.
Your official City -Wide policy on safety belt usage is vital to this effort. Educational programs to
increase seat belt use are a necessity. Our Safety Council has many educational materials
available to you at not cost. Just contact us at (213) 385-6461 so we may help you.
Best wishes for a safer 1998. We look forward to receiving your 1998 `Buckle Up for Life"
Proclamation to put your City, along with so many others, on the side of saving lives and
preventing injuries in Southern California.
Cordially
SEPH M. KAPLAN,
President
JMK: CA
Encl.
,,,71rve RECYCLING CONSULTANT
TO:
j FROM:
11� DATE:
PAGES: _
(including the cover sheet)
E \J
FM
cover letter_
J. Michael Huls
Principal
J. Michael Huls, K.E.A
568 E. Foothill Blvd. Suite 107
Azusa, CA 91702
Phone: (818) 969-7816
Fax: (818) 969-7854
NOTES:
G� -
City of Diamond Bar Annual Waste Prevention Incentive Awards
"In 1995 approximately 63 thousand tons of refuse were disposed by Diamond Bar's residents and businesses."
The City of Diamond Bar presents its first annual waste prevention incentive awards. The awards
acknowledge businesses and residents taking the initiative to reduce waste by reducing, reusing,
and recycling. There are two different entry categories: business and residential.
Recyclers of the Year - Diamond Bar's permitted haulers and recyclers can each nominate one
business located in the City that practices waste prevention. Nominees in this category should
demonstrate a program of waste prevention and recycling at the place of business. All nominees
will be honored.
Heroes of Recycling - Friends, family, and neighbors can nominate a resident that has made a
difference in the community by composting, recycling or other means of waste prevention. All
nominees will be honored.
Incentive Awards Entry Form: To nominate a business for the business category or to nominate
someone or yourself for the residential category, please complete and submit an entry form plus
a photograph (polaroids are acceptable).
The entry form is on the back of this page. Entries must be submitted by September 9,1997, to the
City of Diamond Bar City Hall to be considered. Award recipients of the residential and business
categories will be notified by September 12, 1997. All entries will receive a prize for participating,
and will be presented with prizes and certificates of appreciation by the Council at the September
16, 1997, City Council Meeting.
- Prizes -
Businesses will receive the following:
• One free advertisement in the Independent Newspaper, maximum value not to
exceed $150.00
• One month of free recycling collection
Residents will receive the fallowing prizes and will be entered in a raffle to win either a composting bin
or one month free refuse pick-up:
Various promotional items
• Gardening kit (hand tools)
• Free bag of compost and a rose plant (2 gallons)
Please pnnt or type
ENTRY FORM FOR DIAMOND BAR'S
WASTE PREVENTION INCENTIVE AWARDS
Nominee Name:
Categories (circle one): Business Residential (Composter/Recycler)
Home/ Business Address:
Street City
State Zip
Phone Number:
How long has the nominee been recycling?
Please provide a brief description of the waste prevention activity (e.g., composting, recycling) explain
why the nominee should be recognized.
Description (please include a photograph):
Explanation.
Nominated try: Mad or deliver to: City of Diamond Bar
Dept. Of Public Works
21660 E. Copley Drive, Ste. 190
Phone: Diamond Bar, CA 91765-4177
Attn: J. Michael Huls
Thank you for your participation in the Diamond Bar Waste Prevention Incentive Awards.
All entries must be received by September 9. 1997 to be considered
LATT QF DIAMOND DAR AND DIAMOND DAR
REDEVELOPMENT AGENCY
TOWN HALL MEETING
OCTOBER 25, 1997 V41
40,
CALL TO ORDER: Mayor Huff and Redevelopment Agency Chairman
Werner called the meeting to order at 9:00 a.m. in the Golden Springs Elementary
School Multi -Purpose Room, 245 Ballena Drive, Diamond Bar, California.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by
Council/Agency Member Ansari.
Present: Council Members Ansari, Harmony, Werner, and
Mayor Huff.
Present: Agency Members Ansari, Harmony, Vice
Chairman Huff and Chairman Werner.
Also present were: Terrence L. Belanger,
DeStefano, Deputy City Manager; Frar
Clerk Lynda Burgess/Agency Secretary.
City Manager/Executive Director; James
c Usher, Deputy City Manager and City
2. WELCOME AND INTRODUCTION: Mayor Huff and Chairman Werner welcomed
attendees.
3. OVERVIEW OF REDEVELOPMENT: CM/ED/Belanger reported this was the third
in a series of five City Council Town Hall meetings on the subject of redevelopment.
Tentative dates had been set for future meetings to be held on Saturday, November
22, 1997 in the Castle Rock Elementary School Multi -Purpose Room and Saturday,
December 20, 1997, at 9:00 a.m. in the South Coast Air Quality Management
District Auditorium.
CM/ED/Belanger defined redevelopment as a process that makes available
financial resources to eliminate or alleviate economic and physical blight. Financial
resources are derived by receiving a greater percentage of incremental increases
in property taxes collected from property owners within a project area. He
explained the process using graphs to show the current allocation of property tax
monies. He further explained that these calculations do not affect the City's
residential property which lie outside the Project Area. The Redevelopment Agency
and the Project Area Plan were both formed under Assembly Bill 1290 which came
into effect in 1994. Under this law, the Redevelopment Project Area will have 20
years to incur debt, 30 years to implement its plan and 45 years to pay off its debt.
The Project Area is comprised of all of the commercial and industrial areas together
with the major thoroughfares which connect them within D.B. The project area is
expected to spin off $404,000,000 in tax increment, the difference between the base
year calculation and natural increases in property tax. The City and the
Redevelopment Agency do not possess the authority to increase property taxes.
OCTOBER 25, 1997 PAGE 2 TOWN HALL MEETING
The Agency is projected to receive $183,000,000 over the life of the project area
for non -housing activities (commercial and industrial rehabilitation, business
attraction and retention, parking improvements and public infrastructure
improvements). Nearly $81,000,000 is set aside for low and moderate income
housing activities (housing loans, housing grants, rehabilitation loans, etc.). One
of the important next steps of the project area is to begin the planning process for
the commercial and industrial rehabilitation program, for the business expansion
and retention program, for a parking improvements program, for the public
improvements and facilities program and for the housing set-aside program. All of
these programs are required to be created and must be created according to the
law and reviewed on a regular basis through the public hearing process.
Al Rumpilla expressed concern that there will be a "balloon payment" at the end of
the 45 -year period and suggested the City consider a 10 -year redevelopment plan
rather than a 45 -year redevelopment plan.
CM/ED/Belanger explained that the nature and extent of the activities in the project
area and the length of time required to complete the activities are determined by the
City Council, Redevelopment Agency Board of Directors and the community. The
Agency may choose to not use the maximum 45 years allowed by redevelopment
law to retire debt. He explained that the economic dysfunction suffered by D. B. is
a result of approximately 27 years of the County's planning decisions prior to city -
hood. Redevelopment provides an opportunity for the City to determine its destiny.
In response to Grace MacBride, CM/ED/Belanger stated that the law requires that
20% of the increment generated from the project area be set aside for low and
moderate income housing activities such as first-time homebuyer loans,
rehabilitation loans, etc. The idea is to make resources available to qualified
individuals that allow them to compete in the marketplace. He further explained that
the community, under redevelopment, is not required to build anything - it is
required to provide programs that would facilitate low and moderate income housing
improvement. D.B. residents who qualify based on their income would most likely
use redevelopment funds to improve their homes.
Martha Bruske reiterated that the City has a poor track record with respect to public
hearings. She asked for clarification regarding the inclusion of residential units in
the project area. She again asked if the City has information about why businesses
leave the community and expressed concern that redevelopment monies will be
loaned to non-residential building owners who will use the money to refurbish their
buildings and then raise rents which will cause more business tenants to leave the
city. She asked for a clarification of low income housing and how it works through
redevelopment in relationship to the General Plan's Housing Element.
CM/ED/Belanger responded that, under redevelopment, low and moderate activities
are defined by income and not necessarily by zoning as set forth in the City's
General Plan. He explained how a well-defined redevelopment plan facilitates both
OCTOBER 25, 1997 PAGE 3 TOWN HALL MEETING
building rehabilitation and lessee business retention
C/AM/Ansari asked what guarantees the City has that building owners who enter
into a redevelopment agreement will not raise the lease rents.
CM/ED/Belanger responded that this is accomplished through owner participation
agreement contracts.
Mrs. MacBride asked whether the building owner can increase the rent to any
amount he/she deems appropriate if a current tenant vacates.
CM/ED/Belanger explained that it depends upon the agreement reached between
the Redevelopment Agency and the building owner.
In response to Allan Wilson, CM/ED/Belanger explained that, with respect to
apparent dollar discrepancies between what the City adopted in July and what is
presented in today's report, the original report to Council used numbers available
at the time the report was prepared. The Supplemental Report to the City Council
is based upon more up-to-date property tax estimates from the County.
Joe Ruzicka stated that there has been an assertion made that the Redevelopment
Agency is a massive corporate welfare plan which will defer $300 million of our
property taxes to subsidize low income housing and businesses. How does that
square with what the charts show as the Agency's maximum bonding capacity?
CM/ED/Belanger responded that the assertion is not accurate. The Redevelopment
Agency will receive, in both non -housing and housing monies, $263 million which
will be retained in the community for activities that the community wishes to spend
it on. The only right the City has to any of the $263 million that is being discussed
would be the 2.9% it would receive as a part of its property tax allocation. Instead
of the $17 million the City would ordinarily receive over a 45 year period without
redevelopment, it will receive $263 million through the Redevelopment Project Area
which encompasses only 10.57% of the entire community.
In response to Mrs. MacBride, CM/ED/Belanger reported that if you improve your
home and the value increases, the County will reassess your property whether or
not you use redevelopment resources.
C/AM/Harmony asked if the $300,000,000 would be coming from the City's overall
tax pool which would result in less services for the entire City. He asked how
redevelopment will solve the multiple ownership problems currently existing in the
City's commercial retail center. What about strip zoning as mentioned in the Plan?
How will redevelopment money impact the regional economy? How does
redevelopment change the fact that D. B. residents usually shop outside the City at
big box shopping areas?
OCTOBER 25, 1997 PAGE 4 TOWN HALL MEETING
CM/ED/Belanger explained that, with respect to the assertion that $300,000,000 will
reduce fire, police and library services, the City and the other agencies can expect
an increase in the amount of funds they will receive under the plan. He indicated
that there tends to be common area problems and lack of improvements with
multiple ownership. Redevelopment allows the City to be a player in creating
incentives for owners to improve their property and make it a more attractive
environment for residents to shop and to create an atmosphere conducive to
attracting new businesses. Redevelopment Law will not allow a project area unless
a finding can be made that such activity will not occur except for redevelopment.
How does redevelopment respond to strip zoning? The community will use
redevelopment to render strip centers more functional. The results of poor zoning
decisions made by the County for which D.B. had no input cannot be eliminated due
to existing topographically prescribed land uses. How does redevelopment respond
to the regional economy? If a community wishes to be in the marketplace, it needs
to place itself in a position where it can compete. Redevelopment, which has been
used by all surrounding communities for some time, affords an opportunity for this
community to compete for businesses to locate in D.B. The community has an
extraordinary amount of consumable income available which leaks to other
communities. D.B. needs to find its market niche, capitalize on that niche and make
its current centers more attractive.
CM/ED/Belanger confirmed C/ChairA/Verner's statement that in order for residential
improvements to affect a homeowners property value, the homeowner would need
to add square footage to the home which would result in adding value to the
property. Simple home improvements would not result in additional valuation.
In response to Mrs. MacBride, CM/ED/Belanger stated that the Redevelopment
Agency will not report individual loan information to the County. Expansion of
square footage is reported as a consequence of obtaining building permits and not
as a function of a loan.
Steve Tye asked how redevelopment could have been utilized to keep an employer
like Avery Dennison in the City rather than being attracted to Brea.
CM/ED/Belanger stated that D.B. had no opportunity to respond to an Avery
Dennison proposal because the community did not have a Redevelopment Plan.
Two years ago, Avery Dennison expressed an interest in expanding and bringing
in more divisions into a single location of approximately 150,000 sq. ft. and
indicated they wished to be located at this end of SR 57. At that time, the only
viable properties were located within in the Gateway Corporate Center. However,
there was no mechanism in place in D.B. to offer them incentives. Because it had
a Redevelopment Agency, the City of Brea was able to move quickly to offer Avery
Dennison the package they sought.
Steve Tye asked how redevelopment can help attract retail business such as
Long's.
OCTOBER 25, 1997 PAGE 5 TOWN HALL MEETING
CM/ED/Belanger responded that the City, through redevelopment, can assist a
partnership between commercial property owners and retail business owners.
Jack Gutowski said the AQMD and Avery Dennison does not generate sales tax for
Brea. D.B. is a bedroom community. He asked how CM/ED/Belanger sees the
community in 10 years.
CM/ED/Belanger explained that the vitality of a community amounts to more than
sales tax. Sales tax is important because the State has made it important. One of
the problems this City has in attracting other restaurants to this community is a lack
of lunchtime population. AQMD and Avery Dennison provide payroll to this City.
If a community cannot depend on its residents to provide this payroll, it at least
needs to attempt to have the people who work in the town patronize local
businesses. AQMD brings a lot of people to this community in spite of the fact that
it pays neither sales tax nor property tax. Residents need to get involved in the
process and determine what they wish their City to look like. 85% of this community
is developed. The General Plan defines the current existing commercial areas.
Mrs. MacBride indicated that the parent company of Boston Market and Starbucks
would like to relocate to D.B. but want to own their own property. She asked if
redevelopment could assist them in razing the First Interstate building at the
northeast corner of D.B. Blvd. and Grand Ave.
CM/ED/Belanger responded that whether or not redevelopment could assist them
depends on the amount of money the business might generate for the community.
Stephen Campbell asked what the $45,000,000 set aside for public use means.
CM/ED/Belanger explained that public use funds are set aside for major roadway
and streetscape improvements to render the commercial area environments more
inviting. These funds cannot be used to build a City Hall or County facility.
However, other public buildings such as a community center, library, etc. can be
created to benefit the project area.
Mike Goldenberg asked Mr. Harmony to please show the community how and
where the Redevelopment Agency indicates that big box development will take
place, to explain the backroom deals that he accuses others of doing, how he
reaches the conclusion that redevelopment will increase crime and taxes, and how
he defines lockstep voting and boondoggle.
C/AM/Harmony responded that anyone interested in receiving facsimiles containing
statistics and data can call him at 861-0161. He said that the Diamond Bar
Residents and Business Owners Association newspaper explains all of this.
Mr Goldenberg asked CM/ED/Belanger about the $300,000,000 Mr. Harmony
mentioned.
OCTOBER 25, 1997 PAGE 7 TOWN HALL MEETING
committee that was brought in had made any changes and whether or not they were
accepted in the plan. There is no specific plan for this Redevelopment Agency.
There's no blight in D.B. He said the City is trying to develop a Redevelopment
Agency that cannot prove blight under the legal terms. He stated that $300,000,000
taken out of the taxing structure reduces services. Further, there is no safety in the
City's zoning codes or in the General Plan. He talked about current and previously
approved residential construction projects.
C/AM/Ansari said that there were problems and issues with redevelopment prior to
Assembly Bill 1290. She favored a citizen participation overview committee formed
for the Redevelopment Project Area. D.B. currently gets back $.0529 on every
property tax dollar paid, the lowest return in the County. Businesses .are suffering
and vacancies abound.
Chair/Werner said he is committed to protect the tax revenues, resources and
services of this City. The Redevelopment Agency will allow the community to
capture the tax revenues generated by the City's commercial properties - 10% of
the community - to spend as it wishes to benefit the community. He spoke about
the opportunities available in the Gateway Corporate Center and the opportunity
to create a downtown civic/cultural center.
Chair/Werner thanked the Town Hall Meeting participants.
5. ADJOURNMENT: There being no further business to conduct, the meeting
was adjourned at 12:00 noon.
ATTEST:
LYNDA BURGESS, City Clerk
and Redevelopment Agency Secretary
Mayor Redevelopment Agency Chairman
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR 4,50,
NOVEMBER 4, 1997
1. CLOSED SESSION: None
2. CALL TO ORDER: Mayor Huff called the meeting to order at 6:43
p.m. in the SCAQMD Auditorium, 21865 E. Copley Drive, Diamond Bar, California.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council
Member Werner.
INVOCATION: Pastor Kenneth Mitchell, Diamond Bar
Congregational Church.
ROLL CALL: Council Members Ansari, Harmony, Werner,
Mayor Pro Tem Herrera and Mayor Huff.
Also present were: Terrence L. Belanger, City Manager; Amanda Susskind,
Assistant City Attorney; James DeStefano, Deputy City Manager; Frank Usher,
Deputy City Manager; David Liu, Deputy Public Works Director; Bob Rose,
Community Services Director; Linda Magnuson, Assistant Finance Manager and
Lynda Burgess, City Clerk.
APPROVED AGENDA: As presented.
3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
3.1 Presented Certificate of Recognition to the parents of Scholarship Recipient
Travis Bryant.
BUSINESS OF THE MONTH:
3.2 Presented City Tile to Dr. Kenneth Machado, owner of Machado
Chiropractic.
4. PUBLIC COMMENTS: Alan Wilson suggested that the City participate
in the 150th State Goldrush anniversary celebration next year and consider a tree
planting or time capsule ceremony. He volunteered to assist with a blue-ribbon
commission.
Kevin House expressed confusion about why Mayor Huff issued a press release
concerning Planning Commissioner Schad without first consulting with other
Council Members. He suggested the Council consider censuring Mayor Huff.
Mr. Wideman, 20520 WA]nut Dr., supported Consent Calendar Item 6.9 relating to
installation of red curbing on Walnut Dr. and asked Council to consider including
toe area in front of his building to accommodate short-term delivery parking.
NOVEMBER 4, 1997 PAGE 2
Dr. Lawrence Rhodes supported the City's participation in the State's 150th
anniversary celebration and spoke in favor of Consent Calendar Item 6.9,
installation of red curbing on Walnut Dr. He recommended the USC Medical Center
building be replaced.
Lydia Plunk thanked the Mayor and Mayor Pro Tem for supporting her nomination
to the WCCA Advisory Committee. She stated that, due to her concerns about the
organization, she would decline the nomination.
Clyde Hennessee suggested that Century Cable provide notice of City Council
meeting cancellations on other television stations in addition to Channel 12.
Frank Dursa asked the Mayor about his motives regarding Planning Commissioner
Schad.
Bob Arceo spoke against censuring Planning Commissioner Schad.
Darlene Epperly spoke against the development of Tonner Canyon and open
spaces, and in support of Planning Commissioner Schad.
Jack Gutowski spoke in support of Planning Commissioner Schad.
5. SCHEDULE OF FUTURE EVENTS:
5.1 VETERANS DAY - Tuesday, November 11, 1997 - City Offices will be closed
and will reopen Wednesday, November 12, 1997.
5.2 PLANNING COMMISSION - November 12, 1997 - 7:00 p.m., AQMD
Auditorium, 21865 E. Copley Dr.
5.3 TRAFFIC AND TRANSPORTATION COMMISSION - November 13, 1997 -
7:00 p.m., AQMD Hearing Board Room, 21865 E. Copley Dr.
5.4 CITY COUNCIL MEETING - November 18, 1997 - 6:30 p.m. - AQMD
Auditorium, 21865 E. Copley Dr.
5.5 PARKS & RECREATION COMMISSION MEETING - November 20, 1997 -
6:30 p.m., AQMD Hearing Board Room, 21865 E. Copley Dr.
5.6 TOWN HALL MEETING - ECONOMIC REVITALIZATION - November 22,
1997 - 9:00 a.m. to 12:00 noon, Castle Rock Elementary School, 2975
Castle Rock Rd.
6. CONSENT CALENDAR: C/Wemer moved, C/Ansari seconded, to approve
the Consent Calendar with the exception of Item No. 6.12. Motion carried by the
following Roll Call vote: (C/Ansari abstained from voting on Item 6.11)
AYES: COUNCIL MEMBERS - Ansari, Harmony, Werner, MPT/Herrera,
M/Huff
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
NOVEMBER 4, 1997 PAGE 3
6.1 APPROVED MINUTES:
6.1 .1 Town Hall Meeting of September 30, 1997 - as submitted.
6.1.2 Regular Meeting of October 7, 1997 - as submitted.
6.1.3 Special Meeting of October 22, 1997 - as submitted.
6.2 RECEIVED & FILED PLANNING COMMISSION MINUTES:
6.2.1
Regular Meeting of August 12, 1997
6.2.2
Regular Meeting of August 19, 1997
6.2.3
Regular Meeting of August 26, 1997
6.2.4
Regular meeting of September 2, 1997
6.2.5
Regular Meeting of September 6, 1997
6.2.6
Regular Meeting of September 9, 1997
6.3 RECEIVED & FILED PARKS & RECREATION COMMISSION MINUTES:
6.3.1 Regular Meeting of August 28, 1997.
6.3.2 Regular Meeting of September 25, 1997.
6.4 RECEIVED & FILED TRAFFIC & TRANSPORTATION COMMISSION
MINUTES:
6.4.1 Regular Meeting of August 14, 1997.
6.4.2 Regular Meeting of September 11, 1997.
6.5 APPROVED VOUCHER REGISTER - dated November 4, 1997 in the
amount of $614,879.04.
6.6 REVIEWED & APPROVED TREASURER'S REPORT for September, 1997.
6.7 EXONERATED GRADING BOND (FAITHFUL PERFORMANCE, LABOR &
MATERIAL) FOR TRACT NO. 47851 (DIAMOND BAR EAST PARTNERS)
- Bond No. 139424S in the amount of $50,000 posted with the City on
September 30, 1993 as a condition precedent to issuance of a grading
permit for rough grading of the 50 lots and directed the City Clerk to notify
the principal and surety of this action.
6.8 APPROVED NOTICE OF COMPLETION FOR CONSTRUCTION OF
SIDEWALKS ON ASPEN GROVE LANE - Accepted the work performed by
Chino Construction, Inc. and authorized the City Clerk to file the Notice of
Completion and release any retention amounts 35 days after the recordation
date.
6.9 ADOPTED RESOLUTION NO. 97-69: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR TO INSTALL RED CURBS ON
THE NORTH SIDE OF WALNUT DRIVE BETWEEN 20465 WALNUT DRIVE
EASTERLY TO LEMON AVENUE AND TO INSTALL RED CURBS ON THE
SOUTH SIDE OF WALNUT DRIVE BETWEEN 20640 WALNUT DRIVE
EASTERLY TO LEMON AVENUE.
NOVEMBER 4, 1997
PAGE 4
6.10 RECEIVED & FILED FINANCE AUDIT REPORT AND COMPREHENSIVE
ANNUAL FINANCIAL REPORT FOR FISCAL YEAR 1996-1997 - as
prepared by the Finance Department and Conrad & Associates, LLP.
6.11 ADOPTED RESOLUTION NO. 97-70: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR SUPPORTING THE LAC+USC
MEDICAL CENTER REPLACEMENT FACILITY.
MATTERS WITHDRAWN FROM CONSENT CALENDAR:
6.12 APPROVED GREATER LA PUENTE VALLEY MEALS ON WHEELS
FUNDING WITH COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
(CDBG) - in the amount of $2,500.
Moved by MPT/Herrera, seconded by C/Werner to approve. Motion carried
by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Harmony, Werner, MPT/
Herrera, M/Huff
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
7. PUBLIC HEARINGS: None
8. OLD BUSINESS:
8.1 SECOND READING OF ORDINANCE NO. 07(1997): AN ORDINANCE OF
THE CITY OF DIAMOND BAR ADDING CHAPTER 10.50 OF TITLE 10 OF
THE DIAMOND BAR MUNICIPAL CODE RELATING TO PARKING
CITATION PROCESSING PROCEDURES - Moved by C/Ansari, seconded
by MPT/Herrera to approve second reading by title only, waive full reading
and adopt Ordinance No. 07(1997). Motion carried by the following Roll Call
vote.-
AYES.-
ote:
AYES: COUNCIL MEMBERS - Ansari, Harmony, Werner, MPT/
Herrera, M/Huff
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
9. NEW BUSINESS:
9.1 DISCUSSION OF CONFLICT OF INTEREST VIOLATION OF PLANNING
COMMISSIONER - ACA/Susskind explained that a legal conflict of interest
does not relate to campaign contributions received from any source. It is not
considered a personal gift. Public Officials and Planning Commissioners are
NOVEMBER 4, 1997 PAGE 5
required to disclose gifts and compensation on their Statement of Economic
Interests reports. If the gift or compensation is over $50 cumulatively to any
member of the official's family, it must be disclosed. If the limit prescribed
by law is exceeded, the official is not allowed to vote on matters affecting the
source of the gift or compensation.
C/Ansari suggested the matter be continued to the next Council meeting.
In response to C/Werner, ACA/Susskind stated that this matter cannot be
discussed in Closed Session.
C/Werner asked if Mr. Schad could offer to recuse himself from Planning
Commission attendance until Council has an opportunity to investigate the
matter.
In response to M/Huff, ACA/Susskind explained that Planning Commissioner
Schad contacted the City Attorney's office prior to the October 14, 1997
Planning Commission meeting regarding the matter in question and that
Commissioner Schad was advised that if he or his wife had received income
from the developer within the last 12 months in excess of $250, he should
not participate in decisions on the matter. It was the City Attorney's
understanding that Commissioner Schad agreed with that advice and was
prepared to recuse himself from participating in discussions.
C/Ansari moved, C/Harmony seconded, to request that Mr. Schad recuse
himself from the Planning Commission for the next two weeks and that the
matter be continued to the next regularly scheduled Council meeting.
C/Harmony called for the vote. Motion to end debate failed by the following
Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Harmony
NOES: COUNCIL MEMBERS - Werner, MPT/Herrera, M/Huff
ABSENT: COUNCIL MEMBERS - None
C/Werner amended the motion to ask Planning Commissioner Schad to
recuse himself from the Planning Commission for the next two weeks.
C/Ansari agreed to the amendment.
Planning Commissioner Schad stepped to the podium and agreed to recuse
himself from Planning Commission activities for the next two weeks.
Art O'Daly said he felt this item was a matter of integrity and there should be
no appearances of any person having a conflict of interest. Council should
take decisive action on this matter tonight.
NOVEMBER 4, 1997 PAGE 6
Terry Birrell asked that copies of Council's material relating to this item be
provided to the public before Council takes action.
Kevin House said that Mr. Schad has recused himself from the next Planning
Commission meeting and that Council should not act on the matter at this
time.
George Barrett asked Council to delay the matter for two weeks.
Frank Dursa said he felt that other City Council candidates are trying to ruin
Mr. Schad's reputation.
Joe McManus stated that he is a Planning Commissioner and has first-hand
knowledge of the facts. He read excerpts from several Planning Commission
meeting minutes in which discussion took place regarding Mr. Schad's
potential conflict of interest. He pointed out that, because Mr. Schad has
often denied receipt of funds from the developer, Council should take
immediate action.
Chuck Martin pointed out that the City's honesty and integrity are at stake.
Carolyn Elfelt said that the issue should be dealt with immediately because
Don Schad had presented himself as a friend of the environment and is
against development and redevelopment. Most troubling is his denial of the
fact that he and his wife have taken money from a developer as he serves
as a Planning Commissioner hearing the developer's project, which is a
conflict of interest. Mr. Schad should immediately resign or be removed from
public office.
Steve Tye said Mr. Schad's judgement as a Planning Commissioner is in
question and it is Council's responsibility to deal with the matter tonight.
Dr. Lawrence Rhodes believed that Council should proceed with the motion
on the floor.
Clyde Hennessee agreed that Council should wait until the next meeting to
deal with the issue.
Lydia Plunk said that the public deserves quick action on this matter.
Jack Gutowski spoke in favor of continuing the matter for two weeks.
Following discussion, M/Huff asked Council Members to register their vote
on the motion to ask Planning Commissioner Schad to recuse himself from
the Planning Commission for the next two weeks. Motion carried by the
following Roll Call vote:
NOVEMBER 4, 1997 PAGE 7
following Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Harmony, Werner
NOES: COUNCIL MEMBERS - MPT/Herrera, M/Huff
ABSENT: COUNCIL MEMBERS - None
12. ADJOURNMENT: There being no further business to conduct, M/Huff adjourned
the meeting at 8:53 p.m.
ATTEST:
Mayor
LYNDA BURGESS, City Clerk
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
SEPTEMBER 23, 1997
CALL TO ORDER:
Chairman Ruzicka called the meeting to order at 7:07 p.m. in the
South Coast Air Quality Management Auditorium, 21865 East Copley
Drive, Diamond Bar, California.
PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was led by City Engineer George Wentz.
ROLL CALL:
Present: Chairman Ruzicka, Vice Chairman Schad, and
Commissioners Goldenberg and McManus
Commissioner Fong arrived at 7:15 p.m.
Also Present: Deputy City Manager James DeStefano, City
Engineer George Wentz, Senior Planner
Catherine Johnson, Associate Planner Ann Lungu
and Planning Technician Susan Cole.
MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS - None
CONSENT CALENDAR:
1. Minutes of September 2, 6 and 9, 1997.
C/Goldenberg moved, C/McManus seconded, to approve the
September 2, 6 and 9 minutes as presented. The motion was
carried 4-0, with C/Fong being absent.
OLD BUSINESS - None
NEW BUSINESS: - None
CONTINUED PUBLIC HEARINGS:
1. Draft Development Code (Zoning Code Amendment ZCA 97-1)
Review of all Articles of the Draft Development Code and
Draft Design Guidelines.
Staff recommends that the Planning Commission continue
this item to its October 14, 1997 meeting.
Chair/Ruzicka opened the public hearing.
There was no one present who wished to speak on this
item.
Without objections, the Commission concurred with staff's
recommendation to continue Draft Development Code review
to its October 14, 1997 meeting.
SEPTEMBER 23, 1997, PAGE 2 PLANNING COMMISSION
2. vesting Tentative Tract Map No. 50314, Conditional Use
Permit No. 96-1, Oak Tree Permit No. 96-1 and Zone Change
96-1 (pursuant to Code Sections Title 21, and Title
22.56.215, 22.26 Part 16 and 22.16 Part 2) are requests
to approve a 15 lot subdivision on approximately 44
acres. The average lot size will be 2.92 acres. Six of
the proposed lots are part of two approved tracts.
Therefore, VTTM 50314's development will result in a net
increase of 13 residential lots. The project site is
within Los Angeles County Significant Ecological Area No.
15. The Zone Change will convert the current zoning of
R-1,200 and A-2-2 to R-1-40,000. Continued from August
26, 1997.
Project Address: Southeast of the most southerly
intersection of Steeplechase
Lane and Wagon Train Lane.
Project Owner/Applicant: Kurt Nelson, Windmill
Development, 3480 Torrance
Boulevard, Suite 300, Torrance,
CA 90503
Staff recommends that the Planning Commission reopen the
public hearing, receive testimony and continue the public
hearing to October 14, 1997.
Chair/Ruzicka reopened the public hearing.
Martha Bruske, 600 South Great Bend Drive stated her
concerns about project monitoring. She said she is
opposed to any development within the Significant
Ecological Area (SEA) No. 15.
DCM/DeStefano responded to Mrs. Bruske that this project
requires a Conditional Use Permit which if approved,
mandates specific oversight and conditions of the
development with reference to such items as hillside
slope construction, landscaping and environmental
mitigation. Conditional Use Permits are monitored
through a Mitigation Monitoring Plan (regular site visits
and reporting by staff and City consultants) that
generally lasts for five years after the project has been
approved and developed.
Kurt Nelson, project manager, confirmed his request to
have this item continued to October 14, 1997. He
explained that with respect to this project, native oak
trees that are contract grown from acorns gathered from
the project site's graded areas are reintroduced on-site
at a 2:1 replacement ratio.
C/Goldenberg moved, C/McManus seconded, to continue
Vesting Tentative Tract Map No. 50314, Conditional Use
SEPTEMBER 23, 1997, PAGE 3 PLANNING COMMISSION
Permit No. 96-1, Oak Tree Permit No. 96-1 and Zone Change
96-1 to October 14, 1997. The motion was carried 5-0
with the following Roll Call vote:
AYES: COMMISSIONERS: Fong, Goldenberg, McManus,
VC/Schad, Chair/Ruzicka
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
7. PUBLIC HEARING:
1. Conditional Use Permit No. 97-3 is a request (pursuant to
Code Section 22.56.010) to allow the sale of beer and
wine in an existing mini -mart at the Chevron Gas Station.
Property Address: 21324 Pathfinder Road, Diamond Bar,
CA 91765
Applicant: Mohamad Salimnia, 21324 Pathfinder
Road, Diamond Bar, CA
Property Owner: Chevron U.S.A., Inc., P.O. Box 285,
Houston, Texas 77001
PT/Cole presented staff's report. Staff recommends that
the Planning Commission approve Conditional Use Permit
No. 97-3, Findings of Fact and conditions as listed
within the Resolution.
Chair/Ruzicka opened the public hearing.
Bob Zirbes said he is concerned about the proximity of
the proposed site to Diamond Bar High School and that he
is opposed to approval of Conditional Use Permit No. 97-
3. He said he is surprised that the Walnut Valley School
District and Sheriff's Department have signed off on this
item.
Martha Bruske urged the Commission not to support
Conditional Use Permit No. 97-3 because the site is too
close to the Diamond Bar High School.
Rivers Mcintoush said he is opposed to having beer and
wine sold in close proximity to Diamond Bar High School.
Marco Brambilla, 1021 S. Brand Boulevard, Glendale,
speaking on behalf of the applicant, spoke in favor of
the application.
Chair/Ruzicka closed the public hearing.
Following discussion, C/Goldenberg moved, VC/Schad
seconded, to direct staff to prepare a Resolution of
Denial for consideration at the Planning Commission's
SEPTEMBER 23, 1997, PAGE 4 PLANNING COMMISSION
October 14, 1997 meeting. The motion was carried 5-0
with the following Roll Call vote:
AYES: COMMISSIONERS: Fong, Goldenberg, McManus,
VC/Schad, Chair/Ruzicka
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
2. General Plan Amendment No. 96-1, Tentative Parcel Map No.
24646, conditional Use Permit No. 96-14 and Oak Tree Permit
No. 96-4 (pursuant to Code Sections Title 21 -Subdivision,
Hillside Management Ordinance No. 7 (1992) and Part 16-22.26
Oak Tree Permit). The subject request proposes to change the
General Plan land use designation for 5.88 acres within a 132
acre parcel located in a gated community identified as "The
Country Estates". The land use designation will change from
Open Space to Rural Residential. The remaining 126.12 acres
will continue as Open Space. The proposal includes:
subdividing the 5.88 acres into four lots, each a minimum of
one acre, for the eventual development of four single family
custom homes; the removal and replacement of oak and walnut
trees; and the removal of a map restriction.
Property Address: Easterly side of Blaze Trail across from
the intersection of timbertop Lane.
Property Owner/ Diamond Bar Country Estates Association,
Applicant: 22615 Lazy Meadow Drive, Diamond Bar,
California 91765
AP/Lungu presented staff's report. Staff recommends that the
Planning Commission open the public hearing, receive comments
on the Negative Declaration and project entitlements, and
continue the public hearing to October 14, 1997.
Chair/Ruzicka opened the public hearing.
Loren Phillips, project applicant's representative, explained
the proposed project to the Commission.
DCM/DeStefano stated the City received two letters of
oposition to the project from residents living on Indian Creek
Road, Diamond Bar.
Jan Dabney, Claremont, stated he is present representing
Assemblyman and resident Gary Miller's views. He said Mr.
Miller is not against the development of property that has map
restriction. However, he is against the development of this
specific parcel. It is Mr. Miller's opinion that all property
owners within "The Country Estates" would need to be in
agreement in order for the project to proceed.
SEPTEMBER 23, 1997, PAGE 5 PLANNING COMMISSION
Gary Neeley, Diamond Bar Caucus Executive Director, said he
was also asked by Assemblyman Miller to speak in opposition to
this project. He indicated that a key element of the City's
General Plan is that the lifting of deed and map restrictions
would result in a significant benefit to the community. He
said he believes this project does not significantly benefit
the community.
Art O'Daley, Falcons View Drive, said he believes many
residents of "The Country Estates" are not aware of the
proposed project and because they are opposed to the lifting
of restrictions on Lots 60 and 61, would not agree to lifting
restrictions on the proposed site.
Dr. Peter Chung, Falcons View Drive, Vice President of "The
Country Estates" Board of Directors, said that due to the
recent CC&R changes, an overwhelming 90 percent of the
property owners voted for new facilities including the
proposed subdivision.
Chair/Ruzicka stated the Commission concensus is to request
"The Country Estates" Homeowners Association provide data to
substantiate Mr. Chung's claim.
Vargas Zeropian, Falcons View Drive, spoke in favor of the
project.
Donald Sizemore said he believes that if "The Country Estates"
wants to fix the road, they should pay for it and not invite
a developer to participate in trade-offs.
Mr. Phillips stated this project has been periodically
summarized in "The Country Estates" monthly newsletter.
Dr. Chung responded to C/Goldenberg that all homeowners of
"The Country Estates" will participate in a final vote with
respect to approval of this project.
Following discussion, VC/Schad moved, C/McManus seconded, to
continue the public hearing to October 14, 1997. The motion
was carried 5-0 with the following Roll Call vote:
AYES: COMMISSIONERS: Fong, Goldenberg, McManus, VC/Schad,
Chair/Ruzicka
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
3. General Plan Amendment No. 96-2, Vesting Tentative Tract Map
No. 52267, Vesting Tentative Tract Map No. 52308, Conditional
Use Permit No. 96-13, Conditional Use Permit No. 96-16, Oak
Tree Permit No. 96-3 and Oak Tree Permit No. 96-5.
Pursuant to Code Sections Title 21 -Subdivision, 22.56.215 -Park
1 -Hillside Management Area, Hillside Management Ordinance No.
SEPTEMBER 23, 1997, PAGE 6 PLANNING COMMISSION
7 (1990 and 22.26 -Park 16 -Oak Tree Permit, the project request
consists of the following:
3. a) VTTM No. 52267, Conditional use Permit No. 96-13 and
Oak Tree Permit No. 96-3 is proposed for 130 single family
detached residentila dwelling units clustered on approximately
65 acres of a 339.3 acre site. The development is proposed as
a private, gated community. Lots will range in size from
6,000 square feet to 26,000 square feet. The gross proposed
density is 0.4 dwelling units per acre with a net density of
approximately 2.06 dwelling units per acre; and
3. b) VTTM No. 52308, General Plan Amendment No. 96-2,
Conditional Use permit No. 96-16 and Oak Tree Permit No. 96-5
is proposed for 60 single-family detached residential dwelling
units clustered on approximately 36.7 acres of the 86.3 acre
site. The development is proposed as a private, gated
community. Lots will range in size from 8,000 square feet to
41,750 square feet. The gross proposed density is 0.7
dwelling units per acre with a net density of approximately
1.63 dwelling units per acre.
Additionally, the project includes a General Plan Amendment to
allow additional residential development in excess of 130
dwelling units within General Plan Planning Area 2, and the
removal of deed and map restricts and the potential for
acquisition of publicly owned property adjacent to Pantera
Park.
Property Address: VTTM No. 52267 is generally located east
of Diamond Bar Boulevard and north of
Grand Avenue. VTTM No. 52308 is
generally located northeast of Pantera
Drive and south of Bowcreek Drive. City
of Diamond Bar, California.
Applicant: SunCal Companies, 550 W. orangethorpe
Avenue, Placentia, California 92806
DCM/DeStefano presented staff's report. He indicated that the
City received letters from John and Patricia McCaughin and
from the Munandar family stating their oposition to the
proposed project.
Chair/Ruzicka opened the public hearing.
Martha Bruske said she is opposed to a General Plan amendment.
She questionned whether the removal of a deed and map
restriction is ever in the best interest of the residents.
Hugh Clary, 24411 Deepsprings Drive, said he is concerned
about the effect of hillside view loss on his property value.
He asked whether replacement of the storm drain, if required,
may impact completion of Pantera Park. He further stated he
SEPTEMBER 23, 1997, PAGE 7 PLANNING COMMISSION
is concerned about the grading activity, increased traffic and
the effect of a gated community on the surrounding property
values.
John Clemons, 667 Boxcove Place, concurred with Mr. Clary's
comments.
Michelle Hickey, 775 Leyland Drive, said she did not received
notice of the public hearing. She requested notices be sent
to residents in tracts that will be significantly effected by
this project especially in light of the fact that the project
proposes to change the City's General Plan. She indicated
that Bramalea promised the land would remain open space. At
this time, traffic on her street is unnaceptable.
Kwang Ho Lee, 23746 Goldrush Drive, said that traffic is
currently too heavy on Goldrush Drive and Diamond Bar
Boulevard. He wants the natural setting around Summitridge
Park preserved. He spoke about the disadvantages of a gated
community and asked the developer to find a more appropriate
location.
Al Perez, 703 Pantera Drive, said he and his neighbors did not
receive notice of this public hearing. Residents do not want
this development. He indicated he is opposed to amending the
City's General Plan and does not want this project approved.
Sam Saffari, 24075 Highcrest Drive, spoke about the adverse
effects of the proposed project with respect to traffic,
noise, pollution and aesthetics. He cited inconsistencies
between the project and the City's General Plan and Hillside
Management Ordinance. He stated the EIR does not provide for
mitigation of the biological losses. He referred to species
of animals he has seen in the proposed project area. He
indicated the reason that the traffic study for this project
states there is no significant impact is that the City's major
intersections are currently over capacity. He stated that
although gnatcatchers were not found to be present in the area
by the City's consultants, their food source is present. He
asked the Commissioners to fight for the citizens and deny the
proposal to build on one of the City's last natural hillsides.
Donald Sizemore spoke in support of a street connecting the
project to a regional bypass highway from Leyland Drive to
remove the traffic from the City's streets. He said a benefit
to the City would be to make the project an open (not gated)
community.
Bob Schwartz, 24038 Highcrest Drive, spoke about the
biological diversity in the area which he does not want
destroyed. He does not believe the proposed project is
consistent with the area and he is opposed to the development.
SEPTEMBER 23, 1997, PAGE 8 PLANNING COMMISSION
Ron Tehron, 745 View Lane, spoke in opposition to the project.
He said the City should initiate a plan to purchase the
property, maintain it as open space for the citizens and
insure an uninterrupted connection between Sycamore Canyon and.
Summitridge Park.
Lydia Plunk said she does not support or oppose the project,
she favors the process. She encouraged the City to pursue a
regional bypass road.
Doug Heideman, 656 Benfield Place, said when he purchased his
property he was told there would be no development in the area
of the proposed project. He spoke about water problems he and
his neighbors experience from the project site.
Henry Barela, 661 Benfield Place, spoke about the loss of the
natural open space and his opposition to changing the City's
General Plan.
Ken Martinez, 772 South Farben Drive, stated that some years
ago, Los Angeles County Municipal Advisory Committee agreed
that development should be kept away from the proposed area
and that the open space should be preserved for Diamond Bar
residents. He said he believes prior promises should be
honored.
Jan Freeze -Martinez, (the hawk lady of Diamond Bar), said she
moved here to enjoy the natural open spaces. She is very
concerned about the present level of traffic on the City's
streets and the additional impact the proposed project will
have on the community.
Andrew Wang, 23505 Goldrush Drive, stated his concerns about
traffic on City streets. He asked the Commission to honor the
City's General Plan.
Rivers Mcintoush, 23515 E. Grand Rim Court, said he was told
by Transamerica when he bought his home that the proposed
project site would be kept as open space. He spoke about
traffic on City streets.
Ed MacDonald, 23417 Wagon Trail Road, said he believes enough
information has been presented to stop this project. He spoke
about his concerns regarding potential slope failure as a
result of this project.
Paul Diebold, 23346 Wagon Trail Road, said he believes the
proposed gated community is inappropriate at this location
because it will prevent connection between areas of the City.
He suggested that as a part of the proposed project the City
consider improvements to the intersection of Tin Drive and
Diamond Bar Boulevard to mitigate site safety concerns. He
expressed his enthusiasm for the City's potential opportunity
to obtain permanent open space and a connection between
SEPTEMBER 23, 1997, PAGE 10 PLANNING COMMISSION
Chair/Ruzicka thanked the audience members for their participation
in tonight's meeting.
INFORMATIONAL ITEMS - None
SCHEDULE OF FUTURE EVENTS:
As scheduled.
0 bit U610 Z1NkrvWZww
There being no further business to come before the Planning
Commission, Chair/Ruzicka adjourned the meeting at 11:13 p.m. to
Tuesday, October 14, 1997 at 7:00 p.m. in the South Coast Air
Quality Management District Auditorium.
Respectfully Submitted,
/s/ James DeStefano
Deputy City Manager James DeStefano
Attest:
/s/ Joe RuzickA
Joe Ruzicka
Chairman
CITY OF DIAMOND BAR
INTEROFFICE MEMORANDUM
TO: Mayor Pro Tem Herrera and Councilmember Ansari
FROM: Linda G. Magnuson Assistant Finance Director
SUBJECT: Voucher Register, November 18, 1997
DATE: November 12, 1997
Attached is the Voucher Register dated November 18, 1997. As
requested, the Finance Department is submitting the voucher
register for the Finance Committee's review and approval prior to
its entry on the Consent Calendar.
The checks will be produced after any recommendations and the final
approval is received.
Please review and sign the attached.
CITY OF DIAMOND BAR
VOUCHER REGISTER APPROVAL
The attached listing of vouchers dated November 18, 1997 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 Fund
115
Integrated Waste Mgt Fund
118
Air Quality Improvement Fund
125
CDBG Fund
127
Narcotics Asset Seizure Fund
138
LLAD #38 Fund
139
LLAD #39 Fund
141
LLAD #41 Fund
250
CIP Fund
TOTAL ALL FUNDS
APPROVED BY:
L� I h I
Li da G. M g" uson
Assistant Finance Director
Terrence L. Belanc
City Manager
$243,956.32
292.50
40,184.61
8,029.43
80.47
271,83
400.00
332.04
262.24
157.05
761,377.80
$1,055,344.29
Carol Herrera
Mayor Pro Tem
Eileen R. Ansari
Councilmember
*+►+
City of D 1 a s o n d Bar ***
RUN TIME: 17:06 11/12/97
V O U C
H E R R E G I S T E R
PAGE 1
DUE THRU.............11/18/97
VENDOR NAME
VEMOR ID.
* * PREPAID * #
ACCOUNT PROJ.TX-NO BATCH PO.LIIE/ND.
------------------------------------------------------------------------------------------------------------------------------------
ENTRY/ME
INVOICE
DESCRIPTION
NOW DATE CHECK
AT & T
ATU
+001-4090-2125
2 811188
11/12 11/18
9093965683
Long Dist Phone Chgs
5.84
*001-4090-2125
3 811188
11/12 11/18
9094440518
Long Dist Phone Chgs
2.25
#001-4090-2125
1 811188
11/12 11/18
9098603195
Long Dist Phone Chgs
5.71
TOTAL DUE VENDOR --------)
13.80
AT & T
AT&T
#001-4096-2125
2 811188
11/12 11/18
8887772489
Econ Bev -Phone Chgs
19.19
*001-4090-2125
5 811186
11/12 11/18
9093965669
Long Dist Phone DW
5.55
*001-4090-2125
4 811188
11/12 11/18
9093965671
Long Dist Phone Chgs
47.58
TOTAL DUE VENDOR -------->
72.32
AmeriComp
AmeriComp
*001-4090-1200
5 811188 01/6203
11/12 11/18
16361
TonerCartridges4siPrinter
73.56
TOTAL DUE VENDOR --------)
73.56
American Society of
ASCE
*001-4510-2320
2 811188 02/6577
11/12 11/18
31822101
Publctns-PubMks
94.00
*001-4553-2315
2 811186 01/6577
11/12 11/18
31822101
MemberDues-Mlanela
23.00
TOTAL DUE VENDOR --------)
117.00
American Storage LTD
AserStorag
#001-4096-2140
1 81118A
11/12 11/18
Unitl27
Storage Unit Rntl-EconDev
990.00 11/18/97 0000034564
TOTAL PREPAID ANOIIf(T ----)
990.00
TOTAL DUE VENDOR --------)
0.00
BIT Computer Inc.
BITCompute
*001-4090-6230
2 811188 01/6598
11/12 11/18
129%
RplceDskDrv-LapTop
129.90
TOTAL DUE VENDOR --------)
129.90
Bear State
lowaske
*001-4091-2210
4 61116 Qtj=
11/12 11/18
97-10-1386
Insp-A/C-ComSvCtr
127.00
TOTAL DUE VENDOR --------)
127.00
Bell, Florin
BellF
*001-3472
1 81118B
11/12 11/18
39437
ErcursionRefund
164.00
TOTAL DUE VENDOR --------)
164.00
California Society of CSWO
TOTAL DUE VENDOR --------) 65.61
TOTAL DUE VENDOR --------) 0.00
Campbell, Carol
+*
City of D i a a o n d Bar**
RUM TIME: 17:06 11/12/97
V O U C
H E R R E G
I S T E R
PAGE 2
23855
RecreationRefund
DUE THRU.............11/18/97
VENDOR NAME
VENDOR ID.
TOTAL DUE VENDOR -------->
23.00
Carol Dennis
} * PREPAID
ACCOUNT PROJ.TX-NO BATCM PO.LINE/ND.
------------------------------------------------------------------------------------------------------------------------------------
ENTRY/DUE
INVOICE
DESCRIPTION
AMOUNT DATE CHECK
Brea, City of
BrWity
PC9714
MinSec-P1ngCow-10/27/97
160.00
*001-4350-4300
+001-4350-5300
2 811188 01/6182
11/12 11/18
60191
RecreationSvcs-10/97
32,516.00
2 811188 01/6087
11/12 11/18
RAYCC971
MinSec-RDAVerbatim
TOTAL DUE VENDOR -------->
32,516.00
Bryan A. Stirrat E Assc BrywStirr
*001-4510-5227
12 811180 01/6116
11/12 11/18
99581
Inspect5vcs-RetYall
50.29
*001-4510-5227
14 81118D 01/6263
11/12 11/18
99581
Plan Chk Svc -Ston Drain
29.25
*001-4510-5227
16 811180 01/6429
11/12 11/18
99581
InspectSvcs-RetNall
69.75
*001-4551-5223
6 81119D 01/6360
11/12 11/18
99581
PlanCkSvcs-Crowfoot
29.25
*001-4510-5227
18 811180 01/4001
11/12 11/18
99611
Engrinspctn-ClrCreek
46.30
*001-4551-5223
4 81118D 01/6114
11/12 11/18
99631
P1anCheckSvcs-RetMall
16.50
TOTAL DUE VENDOR --------)
241.34
Buckley, Myrna
2549
*001-3478
26 81118A
11/12 11/18
23530
RecreationRefund
30.00
TOTAL DUE VENDOR --------)
^30.00
Bullington, Carol
Bullington
*001-3472
2 811188
11/12 11/18
39455
ExcursionRefund
164.00
TOTAL DUE VENDOR -------->
164.00
COW USA
CompUSA
*001-4090-6235
2 811188 01/6458
11/12 11/18
217367655
Nova-BckupSftwre
65.61
California Society of CSWO
TOTAL DUE VENDOR --------) 65.61
TOTAL DUE VENDOR --------) 0.00
Campbell, Carol
2558
*001-3478
34 81111
11/12 11/18
23855
RecreationRefund
23.00
TOTAL DUE VENDOR -------->
23.00
Carol Dennis
CarolDeni
*001-4210-4000
8 811188 02/6087
11/12 11/18
PC9714
MinSec-P1ngCow-10/27/97
160.00
*001-4350-4300
6 811188 03/6067
11/12 11/18
PRR9711
MinSec-PO-10/23/97
170.00
*001-4040-4000
2 811188 01/6087
11/12 11/18
RAYCC971
MinSec-RDAVerbatim
1,040.00
TOTAL DUE VENDOR --------) 1,370.00
ttt City of Diamond Bar t*t
RUN TIME: 17:06 11/12/97 V O U C H E R R E G I S T E R
DUE THRU.............11/18/97
VENDOR NAME VENDOR ID.
ACCOUNT PROJ.TX-N0 BATCH FO.LINE/N0. ENTRY/DUE INVOICE DESCRIPTION
--------------------------------------------------------------------------------------------
Carroll, Dana L. 2553
+001-3478 31 81118A
Charles Abbott & Asc Inc CharlesAbb
+001-4510-5502
4 811188 01/6079
*001-4510-5506
2 811188 01/6080
#001-4510-5522
2 811188 01/6081
#001-4510-5502
2 811188 01/6489
PAGE 3
* * PREPAID * *
AMOUNT DATE CHECK
---------------------------------
11/12 11/18
23824
Recreation Refund
20.00
TOTAL DUE VENDOR --------)
20.00
11/12 11/18
049-304
RoadMtce-Oct97
16,923.25
11/12 11/18
049-304
Mark&Sign-Oct97
5,278.19
11/12 11/18
049-304
RightofWayMtce-Oct97
4,254.00
11/12 11/18
049-320
RoadMtce-Svc-SunsetXng
3,323.50
TOTAL DUE VENfiDR--------) 29,778.94
Choice Advertising
ChoiceAdve
*115-4515-2352
2 811188 01/6506
11/12 11/18
2398
Praaoltm-RecyclingPencils
217.68
TOTAL DUE VENDOR --------)
217.68
Cintas Corporation
Cintas
*001-4310-2130
10 811188 01/6131
11/12 11/18
150127344
UnifRent-PrkStaf-10/20
19.03
*001-4310-2130
12 811188 01/6131
11/12 11/18
150128578
UnifRent-PrkStaf-10/27
19.03
*001-4310-2130
8 81118B 01/6131
11/12 11/18
15028908
UnifRent-PrkStaf-11/03
19.03
TOTAL DUE VENDOR --------)
57.09
City Traffic Engineers
CTE
*001-4551-2330
1 81118A
11/12 11/18
CommWrkshpll/22-Morris
75.00 11/18/97 0000034565
#001-4553-2330
1 81118A
11/12 11/18
ComWkshpll/22-Cole/Smith
150.00 11/18/97 0000034565
TOTAL PREPAID AMOUNT ----)
225.00
TOTAL. DUE VENDOR --------)
0.00
City of Claremont-CSMFO Claremont
*001-4050-2325
3 811188
11/12 11/18
CSMFOMtg-Magnuson-11/19
20.00
TOTAL DUE VENDOR --------)
20.00
Clark, Minnie
Claridl
*001-3472
3 811188
11/12 11/18
39805
ExcursionRefund
164.00
TOTAL DUE VENOM --------)
164.00
Coffee Smith
CoffeeSmit
*001-4090-2325
5 811188 01/6034
11/12 11/18
6296
Coffee Supplies
88.80
TOTAL DUE VENDOR --------)
88.80
* * * City of Diamond Bar * * *
RUN TIME: 17:06 11/12/97 V O U C H E R R E G I S T E R PAGE 4
DUE THRU.............11/18/97
VENDOR NAME VENDOR ID. * * PREPAID
ACCOLW PROJ.T%-Na BATCH P0.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK
------------------------------------------------------------------------------------------------------------------------------------
Ccmmerce City Maintenance ComCtyMain
*001-4314-7210 9 811188 01/6138
*001-4331-2210 4 81118E 01/6555
*001-4314-2210 7 811188 01/6138
Conrad & Associates Conrad
*001-4050-4010 2 811188 01/6424
*127-4411-4010 2 81118B 01/6409
11/12 11/18 73901
JanitorSvc-HrtgCCntr
425.00
11/12 11/18 73901
SteamCing-SycCynPrk
124.32
11/12 11/18 73930
JanitorSvc-HrtgCCntr
75.00
331942
TOTAL OLE VENDOR -------->
624.32
11/12 11/18
AuditServcs-FY96/97
2,450.00
11/12 11/18
FedAssetSeizre-Audit
400.00
TOTAL ME VENDOR --------) 2,850.00
Converse Consultants
ConverseCo
*001-2300-1012
7 81118B
11/12 11/18
331942
GeotechRevEN97-179
581.50
TOTAL DUDE VENDOR -------->
581.50
Copper, Sharon
COWS
*001-3472
4 81118B
11/12 11/18
39716
EmcursionRefund
164.00
TOTAL DUE VENDOR --------?
164.00
Cortez, Al
2551
*001-3478
24 81118A
11/12 11/18
23307
RecreationRefund
70.00
TOTAL ME VENDOR --------f
70.00
Cummins -Allison Corp
Cummins
*001-4090-2200
6 81118E 01/6520
11/12 11/18
376699
AnnI tce-Perforator
317.00
TOTAL DUE VENDOR --------f
317.00
D. B. Chamber of Commerce 06Chamber
*001-4096-4000
1 811188
11/12 11/18
11
ProfSvcs-July-Nov97
10,000.00 11/18/97 0000034556
TOTAL PREPAID AMOUNT ----f
10,000.00
TOTAL DUE VENDOR -------->
0.00
DB Country Club
DBCountryC
*001-4090-2325
6 81118B
11/12 11/18
HolidayCelebOeposit
500.00
TOTAL DUE VENDOR --------t
500.00
Be Stefano, Jim
Destefano
*001-4096-1200
1 811188
11/12 11/18
ICSCConfReimbursement
17.97
*001-4096-2325
2 811186
11/12 11/18
Mtg-EcmDev-Hcrrera,CMgr
27.89
*001-4096-2330
2 81118B
11/12 11/18
ICSCConfReimbursement
77.39
*001-4210-2325
1 811188
11/12 11/18
MtgReimb-PIngCamm-Ruzicka
39.60
TOTAL DUE VENDOR --------> 162.85
* * * City of Diamond Bar * * *
RUN TIME: 17:06 11/12/97 V 0 U C H E R R E G I S T E R PAGE 5
DUE THRU.............11/18/97
VENDOR NAME VENDOR ID. PREPAID
ACCOLMT PROJ.TX-ND BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK
------------------------------------------------------------------------------------------------------------------------------------
Delta Dental DeltaDent
M-2110-1004 2 81118A
Dept of Transportation DeptTrans
*001-4510-5507 2 81118E 01/6082
Dewan Lundin & Assoc. Dewan
11/12 11/18 Nov97 DentPrems-Nov97
1,395.33 11/18/97 0000034562
TOTAL PREPAID AMOUNT ----)
1,395.33
TOTAL ME VENDOR --------)
0.00
11/12 11/18 143562 Signal/LightNtce-Aug97
723.92
TOTAL DLE VENDOR --------)
723.92
*250-4310-6415 06598 2 81118E 01/C5770 11/12 11/18 D8013-3 ConstSwvey-PanteraPk 10,100.00
TOTAL DUE VENDOR --------) 10,100.00
Diamond Bar Automotive DBAutdioto
*001-2300-1013 1 811188 11/12 11/18 CRO34469 TempSignRefund-TSR97-3 100.00
TOTAL 11E VENDOR --------) 100.00
Diamond Bar International DBIntDeli
*001-4090-2325
7 811188 04/6332
11/12 11/18
3114
4CornersMtg-10/27/97
73.35
TOTAL DIE VENDOR --------)
73.35
Diamond Bar Redevelopment DBarRDA
*001-1315
2 81118D
11/12 11/18
Advance -11/18/97
300.00
TOTAL DIE VENDOR --------)
300.00
Diversified Paratransit DiversPara
*112-4553-5529
2 811188 01/5970
11/12 11/18
Dial -A -Ride -10/1-10/15
11,651.81
TOTAL ME VENDOR --------}
11,651.81
DunlapM
Dunlap
*001-3472
5 8111W
11/12 11/18
39784
EYcursionRefund
82.00
TOTAL DIE VENDOR --------)
82.00
Dzorov, Leonor
2569
*001-3478
15 81118A
11/12 11/18
23848
RecreationRefund
40.00
*001-3478
16 81118A
11/12 11/18
See2568
RecreationRefund
45.00
TOTAL DIE VENDOR -------->
85.00
* * * City of 0 i a a o n d Bar * * *
RUN TIME: 17:06 11/12/97 V O U C H E R R E G I S T E R PAGE 6
DUE THRU.............11/18/97
VENDOR NAME VENDOR ID. PREPAID
ACCOUNT PROJ.TX-NO BATH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK
------------------------------------------------------------------------------------------------------------------------------------
F&A Federal Credit Union F&ACreditU
#001-2110-1012 2 81118A 11/12 11/18 PP23 PP23-CredUnionDed 3,499.75 11/18/97 0000034568
TOTAL PREPAID AMOUNT ----) 3,499.75
TOTAL DUE VENDOR --------) 0.00
F&A Federal Credit Union F&ACreditU
*001-2110-1012 1 81118A 11112 11118 PP22 PP22-PRDeductions 3,499.75 11/18/97 0000034554
TOTAL PREPAID AMOUNT ----) 3,499.75
TOTAL DUE VENDOR --------) 0.00
Federal Express Corp.
FedExpress
*001-2300-1010
9 811180
11/12 11/18
430250863
ExpressMail-FPL96-048
15.00
*001-4090-2120
2 811180
11112 11/18
430250863
ExpressMail-GenGovt
46.00
TOTAL DUE VENDOR --------)
61.00
Fiskars Special Markets Fiskars
*115-4515-2352
4 811180 01/6474
11/12 11/18
638121
Recycling PencilShrpnrs
400.00
TOTAL DUE VENDOR --------)
400.00
Fong, Franklin
FmV
+001-4210-4100
5 81118A
11/12 11/18
PingCom-10/14,10/27
120.00
TOTAL DUE VENDOR --------)
120.00
GFB-Friedrich and Assoc GFB
*250-4510-6411 01498
14 81118C 01/C5960
11/12 11/18
9708-07
SlurrySeal-Area7-Insp
8,313.00
TOTAL DUE VENDOR --------)
8,313.00
GTE California
GTE
+001-4314-2125
1 811190
11/12 11/18
Phone5vc-HeritagePk
26.31
TOTAL DUE VENDOR --------)
26.31
GTE California
GTE
*001-4314-2125
2 811180
11/12 11/18
Phone5vc-HeritageCC
31.96
TOTAL DUE VENDOR --------)
31.96
GTE California
GTE
*001-4322-2125
3 811180
11/12 11/18
PhoneSvc-RonReaganPk
42.00
TOTAL DUE VENDOR --------)
42.00
+:**
City of D i a a o n d Bar *++
RUN TIME: 17:06 11/12/97
V O U C H E R
R E G I S T E R
PAGE 7
DUE THRU.............11/18/97
VENDOR NAPE
VENOM ID.
+ + PREPAID + +
ACCOUNT
------------------------------------------------------------------------------------------------------------------------------------
PROJ.TX-M BATCH PO.LINE/tO.
ENTRY/DLE INVOICE
DESCRIPTION
AMOUNT DATE CHECK
GTE California
GTE
+001-4316-2125
1 811180
11/12 11/18
PhaneSvc-ftleHillPk
42.00
TOTAL DUE VENOM --------)
42.00
GTE California
GTE
+001-4090-2125
6 81118C
11/12 11/18
PhoneSvc-Bldg&Safety
131.58
TOTAL DUE VENDOR --------)
131.58
GTE California
GTE
+001-4040-2125
1 811180
11/12 11/18
PhoneSvc-ModeeLine CClerk
64.30
TOTAL DUE VENDOR --------)
64.30
GTE California
GTE
}118-4098-2125
2 811180
11/12 11/18
PhaneSvc-BBSllodem
80.47
TOTAL DUDE VENDOR --------)
80.47
GTE California
GTE
+001-4319-2125
1 811180
11/12 11/18
PhoneSvc-Petw-"Pk
42.00
TOTAL DUE VENDOR --------)
42.00
GTE California
GTE
+001-4316-2125
2 811180
11/12 11/18
PhoneSvc-SycaoareCynPk
54.62
TOTAL DUE VENDOR --------)
54.62
GTE California
GTE
+001-4313-2125
1 811180
11/12 11/18
PhoneSvc-HeritagePk
54.62
TOTAL D1E VENDOR --------)
54.62
GTE California
811E
+001-4331-2125
1 81118
11/12 11/18
PhoneSvc-SycaeareCynPk
57.81
TOTAL OLE VENDOR --------)
57.81
GTE California
GTE
+001-4096-2125
3 811180
11/12 11/18
PhoneSvc-CityHotline
37.13
TOTAL DUE VENDOR --------)
37.13
GTE California
GTE
+250-4310-6415
06598 4 811180 01/6554
11/12 11/18 AS57825
Insltn-Phm&ine-Pantera
366.31
TOTAL DUE VENDOR --------)
366.31
* * * City of D 1 a a o n d Bar * * *
RUN TIME: 17:06 11/12/97 V O U C H E R R E G I S T E R PAGE 8
DUE THRU.............11/18/97
VENDOR MALE VENDOR ID. } * PREPAID
ACCOUNT PRDJ.TX-t0 BRM F0.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK
------------------------------------------------------------------------------------------------------------------------------------
Garrett, Mercedes 2559
*001-3478 35 81118A
Global Computer Supplies G1obalComp
*001-4411-1200 1 81118A
Goldenberg, Michael Goldenberg
*001-4210-4100 2 81118A
Graffiti Control Systems GrafitiCon
*001-4558-5520 2 811180 01/5898
Haeng Soon, Lee Kia 2548
*001-3478 27 81118A
Hall k Foreman
*001-4510-5227
*001-4510-5227
*001-4510-5227
Hall&Forea
10 81118C 01/5314
6 81118C 01/5596
8 811180 01/5615
Heimberger Hirsch & Heimberger
11/12 11/18
23332
RecreationRefund
40.00
TOTAL. DUE VENDOR --------)
40.00
11/12 11/18
EthernetCard
129.89 11/18/97 0000034566
TOTAL PREPAID AMOUNT ----)
129.89
TOTAL ME VENDOR --------)
0.00
11/12 11/18
P1ngCom IO/14,10/27
120.00
TOTAL DUE VENDOR --------)
120.00
11/12 11/18
DB1097
GraffitiRmvl-Oct97
2,760.00
TOTAL DUE VENOM --------)
2,760.00
11/12 11/18
23826
RecreationRefund
30.00
TOTAL DUE VENDOR --------)
30.00
11/12 11/18
34904
InspSvcs-TR47850-Grading
691.10
11/12 11/18
34906
InspSvcs-RetainMall
37.14
11/12 11/18
34907
InspSvcs-TR47850-Sewer
4,120.20
TOTAL DUE VENDOR --------)
4,848.44
*250-4310-6415 06598 6 811180 01/C4673 11!12 11/18 PBL17 CnstrctnMgat-Pantera 11,700.00
*250-4310-6415 065% 8 811M 41/04673 11/12 11/18 REM Reimbursable-Pantera 71.77
TOTAL. DUE VENDOR --------) 11,771.77
Highlander Publications Highlander
*001-4095-2115 2 811180 01/6484 11/12 11/18 552797997275 Ad-CommPride-RnchFst 249.75
TOTAL OLE VENDOR --------) 249.75
Home Depot HomeDepot
*001-4310-1200 5 81118C 09/6127A 11/12 11/18 8091124 ParkSupplies 41.36
*001-4328-2210 4 811180 11/6127A 11/12 11/18 8091124 PostsForSignage-Sunitrid 80.11
*001-4440-1200 3 81118C 10/6127A 11/12 11/18 8091124 EmerPrep-Shovel 12.98
TOTAL DUE VENDOR --------) 134.45
f*f City of D i a a a n d Bar * f f
RUN TIME: 17:06 11/12/97 V O U C H E R R E G I S T E R PAGE 9
DUE THRU.............11/18/97
VENDOR NAME VENDOR ID. f * PREPAID t
ALIT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK
------------------------------------------------------------------------------------------------------------------------------------
*001-4440-1200 2 81118C 01/659D 11/12 11/18 Regent-Morkzne 1000 346.18
TOTAL DUE VENDOR --------) 346.18
Hong, ")g Non
2556
*001-3478
32 81118A
11/12 11/18
23262
RecreationRefund
20.00
TOTAL DUE VENDOR --------)
20.00
Huls, J. Michael
HulsMike
*001-4510-4240
2 811180 02/6325
11/12 11/18
OT02/9-97
IYEnvironSvcs-Sept97
3,221.25
*115-4515-5500
2 811180 01/6325
11/12 11/18
SM01/9-97
IWEnvironSvcs-Sept97
7,411.75
TOTAL. DUE VENDOR --------)
10,633.00
Hyatt Regency Hotel
HyattSacra
*001-4030-2330
3 81119C
11/12 11/12
CMgrsMtg-Sacral-Belanger
412.16
TOTAL DUE VENDOR --------)
412.16
Inland Empire
InlandEmp
*001-4350-5310
2 811180 01/6389
11/12 11/12
102297
Excrsn-ApplTae-10/22
572.00
*401-4350-5310
4 811180 01/6483
11/12 11/18
102297
JulianAppleTae-10/22
559.00
*401-4350-5310
6 811180 04/6483
11/12 11/18
102297
Excurs-Transp-NmPrA
495.20
*112-4360-5310
2 81118C 03/6389
11/12 11/18
102297
Trnsp-Excursn-10/22
550.00
*112-4360-5310
4 81118C 03/6483
11/12 11/18
102297
Trnsp-Excurs-10/22
54.80
*125-4215-5310
2 81118C 02/6389
11/12 11/18
102297
Trnsp-Excurs 10/22
132.00
*125-4215-5310
4 811180 02/6483
11/12 11/18
102297
Excurs Subsdy-CM
129.00
TOTAL DILE VENDOR --------)
2,492.00
International Services IntService
*001-4411-5531
4 811180 01/5961
11/12 11/18
145559
CrssGrdSvc-Oct97
8,013.60
TOTAL DUE VENDOR --------)
8,013.60
Istik, Jack
Iskikd
*001-4553-4100
10 81118A
11/12 11/18
T&TComWshpl0/2
40.00
TOTAL DLJE VENDOR --------)
40.00
Kleinfelder
Kleinfeldr
*001-2300-1012
8 811180
11/12 11/18
587218
Ge(3tech-ER97-182
800.00
TOTAL DILE VENDOR --------)
800.00
+*
City of D i a a o n d Bar }++
RUN TIME: 17;06 11/12/97
V O U C H E R R E G
I S T E R
PAGE 11
DUE TWA).............11/18/97
VENDOR NATE
VENDOR ID.
# + PREPAID # +
ACCOUNT PRDJ.TX-N0 BATCH FO.LINE/WO.
----------------------------------------------
ENTRY/DUE
-------------------------------------------------------------------------------------
INVOICE
DESCRIPTION
AMOUNT
DATE CHECK
Lee, Young Kim
2553
#001-3478
39 81119A
11/12 11/18
23786
RecreationRefund
25.00
TOTAL DUE VE1daDR--------)
25.00
Leighton and Associates Leighton
#001-2300-1012
11 811180
11/12 11/18
3256
Geotech-EN95-107
103.50
#001-2300-1012
9 811180
11/12 11/18
3271
Geotech-EN95-093
122.50
#Q01-2300-1012
10 811180
11/12 11/18
3276
Geatech-EN95-139
412.00
#250-4310-6415 06598
10 81118C 01/C5769
11/12 11/18
LEI29M
GeotechSvcs-Pantera
2,821.50
#250-4310-6415 06598
12 81118C O1/C5769
11/12 11/18
LEI3270
GeotechSvcs-Pantera
3,921.50
TOTAL OLE VENDOR --------)
7,381.00
Loran's
Lorens
#001-4314-2210
11 81118C 01/6159
11/12 11/18
52529
MindowRepair-HrtgConCtr
1,153.61
TOTAL DUE VENDOR --------)
1,153.61
Los Angeles County MTA LACMTA
#112-4553-5533
4 811180 01/6539
11/12 11/18
t-5489
Tokens -Transit Subsidy
1,800.00
TOTAL DUE VENDOR --------)
1,800.00
M 6 M Printing
MldPrint
#001-4030-1200
1 811180
11/12 11/18
5733
Letterhead-SecwdSheet
21.10
TOTAL DUE VENDOR --------)
21.10
MW Realty Partners II LP MWPropert
#001-4091-2140
2 811180 01/6061A
11/12 11/18
Nov97
Rent-CowSvcsCtr-Nov97
1,294.50
#001-4091-2210
6 811180 02/6061A
11/12 11/18
Nov97
CAM-Cona6vcsBldg-Nov97
1,373.54
TOTAL DUE VENDOR --------)
2,668.04
MJS Construction Inc.
#250-4310-6415 11798
18 9111011=71
11/12 11/18
Peterson ADA Retroft
40,117.00
TOTAL DUE VENOM --------)
40,117.00
WW
MMASC
#001-4030-2325
3 81118A
11/12 11/18
97AnnAwrds-11/20-FritHara
24.00
11/18/97 0000034567
TOTAL PREPAID AMDUBIT ----)
24.00
TOTAL DUE VENDOR --------)
0.00
***
City
of
Diamond gar **�
RUNTIME., 170611/12/97
VOUCHER
RE0I3TER
PAGE
DUE THRU.............11/18/97
VENDOR NAME
VENDOR ID.
* PREPAID }
ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO.
------------------------------------------------------------------------------------------------------------------------------------
ENTRY/DUE
INVOICE
DESCRIPTION
Al"T DATE CHECI
Main Street Tours
MainStreet
+001-4350-5310
8 811180 01/6388
11/12
11/18
85M
SnrExcurs-12/13-Deposit
300.00
*001-4350-5310
10 811180 01/6387
11/12
11/18
8531A
XrasExcurs-12/6-Deposit
300.00
TOTAL DUE VENDOR --------)
600.00
Maintex
Maintex
*001-4091-1200
4 811180 02/6139
11/12
11/18
289488
Suppls-CSSvcCtr
29.03
*001-4314-1200
6 811180 03/6139
11/12
11/18
289488
Suppls-HrtgePrk
119.27
TOTAL DUE VENDOR --------)
148.30
Mao, Pamela
2573
*001-3478
20 81118A
11/12
11/18
23901
RecreationRefund
30.00
TOTAL DUE VENDOR --------)
30.00
Marlo, Bernice
Marlo6
*001-3472
9 811180
11/12
11/18
39703
ExcursionRefund
97.00
TOTAL DUE VENDOR --------)
97.00
Masune
Masune
*001-4350-1200
8 811180 01/6553
11/12
11/18
FirstAidKt-HrtCoaCtr
54.40
TOTAL DUE VENDOR --------)
54.40
MkManus, Joseph
McManusJ
{001-4210-4100
4 81118A
11/12
11/18
P1ngCon-10/14,10/27
120.00
TOTAL DUE VENOM --------)
120.00
Metrolink
Metrolink
*112-4553-5533
6 811180 01/6462
11/12
11/18
MetrolinkPass-Oct97
5,225.60
*112-4553-5535
4 81118C 02/+462
11/12
11/18
MetrolinkPass-Oct97
20,902.40
TOTAL DUE VENDOR --------)
26,128.00
etter, Cheryl
2632
x11-3478
23 81118A
11/12
11118
23312
RecreationRefund
15.00
TOTAL DUE VENDOR --------)
15.00
.rosystems Software
MicroSyste
.0-4355-6235
2 81118C 01/6469
11/12
11/18
27678
Cyber Patrol Sftwre-Libry
292.50
TOTAL DUE VENDOR --------1
292.50
*** City of Dia■ond Har ***
RUN TIME: 17:06 11/12/97 V 0 U C H E R R E G I S T E R PAGE 10
ME THRU.............11/18/97
VENDOR NAME VENDOR ID. * * PREPAID
ACCOUNT PROJ.TX-MO BATCH PO.LIME/MO. ENTRY/OLE INVOICE DESCRIPTION AMIOUNT DATE CHECK
------------------------------------------------------------------------------------------------------------------------------------
Kou, Peggy 2554
*001-3478 30 81118A
Kramer, Ralhon 2564
*001-3478 38 81118A
Kypta Associates Inc. KyptaAssco
*001-4090-2340 16 81118C 01/6439
*001-4090-2340 18 811180 01/6439
*001-4090-2340 20 811180 01/6439
*001-4090-2340 23 81118C
*001-4090-4000 4 81118C
L.A.County Public Works LACPu6Wk
*250-4510-6412 10698 6 81118C 01/6323
*001-4510-5530 4 811180 01/6065
*001-4331-5300 4 811180 02/6106
*001-4558-5510 2 811180 01/6106
11/12 11/18 23648
11/12 11/18 23674
RecreationRefund
TOTAL DUE VENDOR -------->
RecreationRefund
TOTAL DUE VENDOR --------
11112 11/18
2606-02-01
Custmr5vcWkshp-Trv1E:p
11/12 11/18
2606-03-01
CustwSvcWkshp-TrvlEip
11/12 11/18
2606-03-01
CustmrSvcWkshps
11/12 11/18
2606-03-01
CORRECTION
11/12 11/18
2606-03-01
Custw6vcWrkshps
TOTAL DUE VENDOR --------)
25.00
25.00
28.00
28.00
137.01
131.11
2,535.25
2,535.25-
2,535.00
2,803.12
11/12 11/18
9494
TrafSigTestingOB/Gol
1,439.55
11/12 11/18
9496
IndWsteSvcs-9/97
718.70
11/12 11/18
98000009405
SumpPumpMtce-Sept97
404.79
11/12 11/18
98000409405
TreeWaterSvcs-Sept97
2,721.71
TOTAL DUE VENDOR --------) 5,284.75
LA Cellular Telephone
LACellular
*001-4030-2125
1 811180
11/12 11/18
Cellphone-CMgr(2)
94.11
*001-4090-2125
7 811180
11/12 11/18
CellPhane-Cncl(2)
55.46
*001-4090-2125
8 81118C
11/12 11/18
CellPhone-Gen(3)
83.19
*001-4415-2125
1 811180
11/12 11/18
Cellphone-VolPatr(2)
64.66
TOTAL DUE VENDOR --------) 297.42
LA Cellular Telephone
Mai'lular
*001-4090-2125
9 stile
11/12 11/18
CellPhoneSvc-Gen(i)
17.75
*001-4090-2125
10 811IM
11/12 11/18
CellPhoneSvc-Gen(1)
17.75
*001-4090-2125
11 81t11E
11/12 11/18
CellPhonesvc-Gen(1)
18.00
*001-4090-2125
12 81119C
11/12 11/18
CellPhoneSvc-Gen(1)
17.75
TOTAL OLE VENDOR --------) 71.25
Lee, Pamela 2561
*001-3478 36 81118A 11/12 11/18 23495 RecreationRefund 42.00
TOTAL DUE VENDOR --------> 42.00
00'0*
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}** City of Diamond Bar }*
RUN TIME: 17:06 11/12/97 V 0 U C H E R R E G I S T E R
DUE THRU.............11/18/97
VENDOR NAME VENDOR ID.
ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRT/1RIE INVOICE DESCRIPTION
--------------------------------------------------------------------------------------------
Public Empl Retirement PERS
1001-2110-1008 3 81118A
*001-2110-1008 4 81118A
Ralphs Grocery Co. Ralphs
}001-4090-2325 8 811180 01/6584
*001-4090-2325 9 81118D 02/6584
*001-4350-1200 6 811180 01/6137
Repro Graphics ReproGraph
*001-4090-2110 4 81118D 01/6101
Reynolds & Reynolds Reynolds
*001-4411-5405 2 81118D 01/6495
Richards Watson & Gershon RichardsWa
*001-4020-4021 1 81118D 0716309
*001-4020-4021 2 81118D 08/6309
Robertson, Christine 2546
*001-3478 28 81118A
Robinson, Sharon
*001-3472
Ruzicka, Joseph T
*001-4210-4100
SX.M.A.F.
*001-4350-1200
Robinsons
89110
RuzickaJ
3 81118A
SCMAF
12 81118D 01/6556
PAGE 15
+ * PREPAID * *
NOW DATE CHECK
--------------------------
11/12 11/18
PP21
PP21-RetireCont-EE
3,903.92 11/18/97 0(X00034555
11/12 11/18
PP21
PP21-RetireCont-ER
3,706.52 11/18/97 0000034555
TOTAL PREPAID AMOUNT ----)
7,610.44
TOTAL DILE VENDOR --------)
0.00
11/12 11118
100296
Supplies-CustSvcTrng10/16
24.32
11/12 11/18
100495
Supplies-CustSvcTrngIO/30
32.63
11/12 11/18
55142
Supplies -Tiny Tot Pga
33.81
TOTAL DUE VENDOR --------)
90.76
11/12 11/18
8676
PrtgSvcsBusCard-Various
29.79
TOTAL DUE VENDOR --------)
29.79
11/12 11/18
532880-1&2
Prtg-Pking Cite Fates
906.77
TOTAL DUE VENDOR --------)
906.77
11/12 11/18
94722
Sp Legal Svcs -Anis
18.40
11/12 11/18
94723
Sp Legal Svcs-BchCoursch
5,773.15
TOTAL DUE VENDOR --------)
5,791.55
11/12 11/18
23271
RecreationRefund
15.00
TOTAL DUE VENDOR --------)
15.00
11/12 11/18
39783
Rec Refund -Laughlin Excur
82.00
TOTAL DUE VENDOR --------)
82.00
11/12 11/18
P1ngComm10/14,10/27
120.00
TOTAL DUE VENDOR --------)
120.00
11/12 11/18
08292
Sport League Registrtns
245.00
TOTAL DUE VENDOR --------)
245.00
* * * City of D i a a o n d Bar ***
RUN TIME: 17:06 11/12/97 V O U C H E R R E G I S T E R PAGE 16
DUE THRU.............11/18/97
VENDOR NAME VENDOR ID. } * PREPAID #
ACCOUNT PROJ.TX-NO BATCH PO.LINE/PD. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK
------------------------------------------------------------------------------------------------------------------------------------
SECTRAN Armored Truck Sectran
*001-4090-4000 6 811180 01/6197A 11/12 11/18 Bank Courier Service -Nov 180.00
TOTAL DUE VENDOR --------) 180.00
Saldana, Victor & Cindy SaldanaV
*001-2300-1002 6 81118D
San Gabriel Vly Tribune SGVTribune
*001-4310-2115
2
81119D 01/6071
*001-4310-2115
4
81118D 01/6145
*001-2300-1010
10
811180
*001-2300-1010
11
811180
*001-2300-1010
12
81118D
Schad, Don SchadD
*001-4210-4100 1 81118A
Scott's Highland AC ScottHighl
*001-4091-2210 8 81119D 01/6534
Shah, Nayan 2550
*001-3478 25 81118A
Shilo Inn SRsilolm
*001-4090-2340 22 81118 01/6530
Siecke, Warren C. SiackmW
*250-4510-6412 10698 7 811180
*250-4510-6412 10798 8 811180
Smart & Final Smart&Finl
*001-4350-1200 10 811180 01/6121
11/12 11/18
39766
Security Deposit Refund
50.00
TOTAL DUE VENDOR --------)
50.00
11/12 11/18
Ad-P&MHelpr/CSCoord
520.18
11/12 11/18
Ad-CommSvcsLeader
193.29
11/12 11/18.
08333
Legal Ad -FPL 97-031
68.88
11/12 11/18
08333
Legal Ad -FPL 97-019
68.88
11/12 11/18
08333
Legal Ad -FPL 97-028
68.88
TOTAL DUE VENDOR --------)
920.11
11/12 11/18
PingCon-10/14,10/27
120.00
TOTAL DUE VENDOR --------)
120.00
11/12 11/18
3319
HVAC Repairs-ComSvcCtr
1,350.00
TOTAL DRE VENDOR --------)
1,350.00
11/12 11/18
23294
RecreationRefund
55.00
TOTAL DRE VENDOR --------)
55.00
11/12 11/18
103175
Accom-CustSvcsTrainer
53.90
TOTAL DRE VENDOR --------)
53.90
11/12 11/18
3962-9
Design Svcs-Gldrush/DB8
762.75
11/12 11/18
3962-9
Design Svcs-Palomino/BBB
762.75
TOTAL DRE VENOM --------)
1,525.50
11/12 11/18
6758007
Supplies -Sr Excursions
103.05
TOTAL DUE VENDOR --------)
103.05
TOTAL DUE VENDOR --------1 81.23
Southern Ca. Edison
+�*+
City of Diamond Bar ###
RUN TIME: 17:06 11/12/97
*139-4539-2126
V 0 U C H E R
R E G I S T E R
PAGE 17
262.24
DUE THRU.............11/18/97
TOTAL DUE VENDOR --------1
VENDOR NAME
VENDOR ID.
SoCaEdison
PREPAID { #
ACCOUNT PROJ.TX-W BATCH PO.LINE/ND.
---------------------------------- -------------------------------------------------------------------------------------------------
ENTRT/DLE INVOICE
DESCRIPTION
AMOUNT DATE CHECK
Southern Ca. Edison
SoCaEdison
*001-4311-2126
1 81118D
11/12 11/18
Elec Svcs -Paul Grow Park
46.44
*001-4313-2126
1 81119D
11/12 11/18
Elec Svcs -Heritage Park
589.05
*001-4314-2126
1 811180
11/12 11/18
Elec Svcs -Heritage ComCtr
1,063.84
*001-4316-2126
1 811180
11/12 11/18
Elec Svcs-*Ii!hill Park
385.34
*001-4319-2126
1 811180
11/12 11/18
Elec Svcs -Peterson Park
267.69
*001-4322-2126
1 811180
11/12 11/18
Elec Svcs -Reagan Park
525.75
*001-4325-2126
1 81118D
11/12 11/18
Elec Svcs-Starshine
14.04
*001-4328-2126
1 81118D
11/12 11/18
Elec Svcs-Summitridge
245.16
*001-4331-2126
1 81118D
11/12 11/18
Elec Svcs -Sycamore Cyn Pk
320.14
Elec Svcs -Traffic Control
4,620.06
TOTAL DUE VENDOR --------1
3,457.45
Southern Ca. Edison
SoCaEdison
Staples
Staples
*001-4510-2126
1 811180
11/12 11/18
Elec Svcs -Traffic Contrl
81.23
TOTAL DUE VENDOR --------1 81.23
Southern Ca. Edison
SoCaEdison
*139-4539-2126
1 81118D
11/12 11/18
Elec Svcs-LLAD #39
262.24
TOTAL DUE VENDOR --------1
262.24
Southern Ca. Edison
SoCaEdison
*141-4541-2126
1 81118D
11/12 11/18
Elec Svcs -CLAD #41
157.05
TOTAL DUE VENDOR --------1
157.05
Southern Ca. Edison
SoCaEdison
*138-4538-2126
1 811180
11/12 11/18
Elec Svcs -CLAD #38
13.11
#138-4538-2126
2 811180
11/12 11/18
Elec Svcs-LLAD #38
318.93
TOTAL DUE VENDOR --------1
332.04
Southern Ca. Edison
SoCaEdison
*001-4091-2126
1 all=
11/12 11/18
Electric Com Svcs Gtr
197.55
TOTAL DUE VENDOR --------1
197.55
Southern Ca. Edison
SoCaEdison
*001-4510-2126
2 811180
11/12 11/18
Elec Svcs -Traffic Control
4,620.06
TOTAL DUE VENDOR --------1
4,620.06
Staples
Staples
*001-4050-1200
2 81118D
11/12 11/18 609096
Binding Combs -Finance
7.52
*001-4440-1200
5 811180 01/6559
11/12 11/18 9223
EmerPrep-MagneticBoards
389.66
TOTAL DUE VENDOR --------1
397.18
*** City of D i a a o n d Bar ***
RUN TIME: 17:06 11/12/97
V 0 U C H E R R E G I S T E R
PAGE 1
FUND SUMMARY REPORT
DUE THRU.............11/18/97
DISEURSE
G/L GJE WILL POST OJE HAS POSTED
FUTURE TRANSACTIONS
FUND
------------------------------------------------------------------------------------------------------------------------------------
TOTAL
DIRECT PAY REVENUE EXPENSE REVENUE EXPENSE
REVENUE EXPENSE
001 General Fund
243,956.32
84,170.29
2,788.00 156,998.03
115 Int Waste Mgmt F
8,029.43
8,029.43
127 Narcotics Seizur
400.00
400,00
250 C.I.P. Fund
761,377.80
761,377.80
112 Prop A -Transit F
40,184.61
40,184.61
118 Air Quality Imp
80.47
80.47
125 CDOG Fund
271.83
271.83
010 Library Service
292.50
2?2.50
139 LLAD #39 Fund
262.24
262.24
141 LLAD #41 Fund
157.05
157.05
138 LLAD #38 Fund
332.04
332.04
TOTAL------------
------------------------------------------------------------
------------------------
ALL FUNDS
1,055,344.29
84,170.29
2,788.00 968,386.00
***
City of Diamond Bar**
RUN TIME 1706 11/12/97
V O U C
H E R R E G
I S T E R
PAGE 18
DUE THRU.............11/18/97
VENDOR NATE VENDOR ID.
* + PREPAID * +
ACCOUNT PROJ.TX-ND 9ATM P&LINE/N0.
------------------------------------------------------------------------------------------------------------------------------------
ENTRY/DUE
INVOICE
DESCRIPTION
AMOUNT DATE CHECK
SWMY W May
}001-4090-2325 11 81118D 01/6038
11/12 11/18
Mtg Supplies-Cust5rcTrng
11.97
TOTAL DUE VENDOR -------->
11.97
Teng, Eoi ly 2571
*001-3478 22 81118A
11/12 11/18
23584
RecreatianRefund
99.00
TOTAL DUE VENDOR --------)
99.00
The Gas Company SoCaGas
*001-4314-2126 2 81118D
11/12 11/18
Gas Svcs -Heritage Com Ctr
52.70
TOTAL DUE VENDOR --------)
52.70
Time Out Persormel Svc. TiseOut
*001-4040-4000 4 81118D 01/6537
11/12 11/18
2664
TempSvc-Receptnst 10/13-7
383.60
*001-4040-4000 6 81118D 01/6537
11/12 11/18
2682
TempSvc-Recept-10/20-24
350.04
TOTAL DUE VENDOR --------)
733.64
UltraSystems Engineers UltraSyste
*001-4210-4240 2 81118A 01/5495
11/12 11/18
4277
EnvSvcs-Industry MRF
2,280.00
*001-4210-4240 5 91118A
11/12 11/18
4277
Correction
2,280.00 -
TOTAL DUE VENDOR --------)
0.00
Ultrasystems Envirommntal Ultrasyste
*001-4210-4240 4 81118A 01/6445
11/12 11/18
4277
EnvirSvcs-Industry MRF
7,500.00
*001-4210-4240 6 81118A
11/12 11/18
4277
EnvirSvcs-Industry MRF
2,280.00
TOTAL DUE VENDOR --------)
9,780.00
Valley Crest Landscape ValleyCres
*250-4310-6415 06598 19 811188
11112 11/18
3
Pantera Pk Construction
612,901.50
TOTAL DUE VENDOR --------)
612,901.50
Valley Crest Landscape Va11"Cm
*250-4310-6415 06598 20 81118D
11/12 11/18
3
Pantera Escrow -6291860574
68,100.17
TOTAL DUE VENDOR --------)
68,100.17
Verma, Suresh VermaS
*001-3472 10 811180
11/12 11/18
39439
Rec Refund -Laughlin Ercur
164.00
TOTAL DUE VENDOR --------)
164.00
*** City of Diamond Bar * * *
RUN TIME: 17:06 11/12/97 V O U C H E R R E G I S T E R PAGE 19
DUE THRU.............11/18/97
VENDOR NAME VENDOR ID. * * PREPAID
ACCOUNT PRDJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK
-----------------------------------------------------------------------------------------------------------------•-------------------
Virgil's Mobil Service Virgils
*001-4030-2310
2 811180 09/6336
11/12
11/18
*001-4090-2200
7 81118C 07/6336
11/12
11/18
*001-4090-2310
2 81118C 08/6336
11/12
11/18
*001-4310-2310
1 811180 10/6336
11/12
11/18
Virginkar, Arun Virginkar
*001-4553-4100 13 81118A
Walnut Valley Unified WVUSD
*001-4350-2140 2 81118D 01/6366
Walter, Elizabeth
Walter, Elizabeth
*001-3472
Wells Fargo Bank
*001-4030-2310
*001-4030-2325
*001-4030-2330
*001-4030-2330
Wells Fargo Bank
*001-4010-2330
*001-4010-2330
*001-4010-2330
*001-4096-2325
Wells Fargo Bank
*001-4010-2330
*001-4010-2330
WalterE
WalterEliz
13 81118D
WeilsFargo
1 81118A
2 81118A
1 81118A
2 81118A
*119Fargo
2 811198
3811106
4 81119A
1 81118A
WellsFargo
5 81118A
6 81118A
11/12 11/18
SRptFuel-CMgr
SeptVehKce-PoolCar
SeptFuel-Gm&vt
SeptFuel-Pial
TOTAL DUE VENDOR --------}
T&TComWrkshpl0/2
TOTAL DUE VENDOR --------
11/12 11/18 Jul-Sept,97 FaciityRnt-Recreation
TOTAL DUE VENDOR --------}
11/12 11/18 39789
11/12 11/18
11/12 11/18
TOTAL DUE VENDOR --------}
Rec Refund -Laughlin Excur
TOTAL DUE VENDOR--------
Fuel-Belanger
Mtgs-Belanger
ICMAConf9/12-19-Belanger
ICSCConf9/23-28-Belanger
TOTAL PREPAID AMOUNT ----}
TOTAL DUE VENDOR --------}
CCCAConf-9/19-21-Ansari
LeagConflO/1-Ansari
MiscReimExp-Ansari
EconDevMtg9/22-Ansari
TOTAL PREPAID AMOUNT ----}
TOTAL DUE VENDOR --------}
3CMAConf9/14-Herrera
ICSCConf9/27-Herrera
TOTAL PREPAID AMOUNT ----}
TOTAL DUE VENDOR --------}
15.01
1.99
79.83
29.69
126.52
40.00
40.00
6,926.08
6,926.08
0.00
97.00
97.00
53.08 11/18/97 0000034561
150.63 11/18/97 0000034561
374.79 11/18/97 0000034561
932.05 11/18/97 0000034561
1,510.55
0.00
349.24 11/18/97 0000034558
117.00 11/18/97 00000345%
139.61 11/18/97 0004034558
56.90 11/18/97 0400034558
662.75
0.00
517.10 11/18/97 0000034559
6.84 11/18/97 0000034559
523.94
0.00
***
City of Diamond Bar ***
RUN TIME: 17:06 11/12/97
V 0 U C H E R
R E G I S T E R
PAGE 20
DUE THRU.............11/18/97
VENDOR NAME.
VENDOR ID.
* * PREPAID t
ACCOUNT PROJ.TX-ND BATCH PO.LINE/N0.
------------------------------------------------------------------------------------------------------------------------------------
ENTRY/DLIE INVOICE
DESCRIPTION
AMOUNT
DATE DECK
Wells Fargo Bank
WellsFarga
*001-4010-2330
7 81118A
11/12 11/18
CCCACanf-9/20-22-Warner
538.09
11/18/97 0000034560
*001-4010-2330
8 81118A
11/12 11/18
OutstandingCredit-Werner
34.83-
11/18/97 0000034560
*001-4090-2310
1 81119A
11/12 11/18
Fuel -Werner
22.32
11/18/97 0000034560
TOTAL PREPAID AMOUNT ----)
525.58
TOTAL ME VENDOR --------)
0.00
Wells Fargo Bank
WellsFargo
*001-4096-2330
1 81118A
11/12 11/18
ICSCConf-9/27-Huff
4.50
11/18/97 0000034557
TOTAL PREPAID AMOUNT ----)
4.50
TOTAL DUE VENDOR --------)
0.00
West Coast Arborist
Inc. WCArbor
*001-4558-5509
2 81119D 01/5891
11/12 11/18 12798
Tree Maint-10/15
800.00
TOTAL DUE VENDOR --------)
800.00
Western Gift
WesternGif
*125-4215-1200
2 811180
11/12 11/18 111714
Senior Bingo Supplies
10.83
TOTAL DUE VENDOR --------)
10.83
Wilson, Cheri
2557
*001-3478
33 81118A
11/12 11/18 23356
RecreationRe€und
20.00
TOTAL DUE VENDOR --------)
20.00
Yimabe, Jack S.
Yim&W
*001-3472
14 81118D
11/12 11/18 39808
Rec Refund -Laughlin Ezcur
164.00
TOTAL DLIE VENDOR --------)
164.00
TOTAL PREPAID -----------)
96,125.73
TOTAL DU: ---------------)
959,218.56
TOTAL REPORT ------------) 1,055,344.29
TO: City of Diamond Bar
ATTENTION: Lynda Burgess, City Clerk
RE: Claim
Claimant
D/Event
Rec'd Y/Office
Our File
October 8, 1997
97 OCT -9 F;1 1: 35
Harmony v. Diamond Bar
Clair W. Harmony
11.23.95
9.22.97
S 86095 RQ
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.
Please provide us with a copy of the notice sent, as requested above. If you have any
questions please contact the undersigned.
Very truly yours
CARL WARREN & COMPANY
R"4u-JLJ,
Richard D. Marque
cc: CJPIA
Attn: Executive Director
CARL WARREN & CO.
CLAIMS MANAGEMENT•CLAIMS ADJUSTERS
750 The City Drive • Ste 400 a Orange, CA 92868
Mail: P.O. Box 25180 • Santa Ana, Ca 92799-5180
Phone: (714) 740-7999 9 (800) 572-6900 • Fax. (714) 740-9412
MARK S. ROSEN
ATTORNEY AT LAW
2700 NORTH MAIN STREET
SUITE 630
SANTA ANA, CALIFORNIA 92705
TELEPHONE (714) 972-8040
FAX (714) 285-98.30
September 22, 1997
City Clerk
The Honorable Mayor
and the Members of the Diamond Bar City Council
21660 E. Copley Drive, Ste 100
Diamond Bar, CA 91765
97 SrEP 22 x;111: 34
Southern California Joint Powers Insurance Authority
4952 La Palma Avenue
La Palma, CA 90623
Re: Anis v. Harmony, et.al.
LASC Case No. KC 022762
To the City Clerk and the Honorable Mayor and the Members
of the Diamond Bar City Council:
This notice constitutes a claim on behalf of
Councilman Clair W. Harmony. Any and all responses to this
claim should be transmitted directly to Councilman Harmony
and to his attorney of record, Mark S. Rosen, 2700 North
Main Street, Suite 630, Santa Ana, CA 92705.
By a copy of this letter, this is also a claim against
the Southern California Joint Powers Insurance Authority.
This claim is for attorneys fees and costs incurred by
Councilman Harmony as a result of a lawsuit filed against
Councilman Harmony by Nick Anis, Jr. and several others for
defamation. The lawsuit was filed on May 3, 1996. The
lawsuit contended that Councilman Harmony had made several
communications with regard to Anis's activities in the
creation of the Communications On -Line system in the city
of Diamond Bar and with regard to the manner in which funds
were solicited and raised for a computer exhibition in 1995
in which the City was involved. The City is in possession
of the lawsuit because the City was also a defendant.
Councilman Harmony previously requested the city of
Diamond Bar to provide representation and indemnity. The
city declined to do so, and Councilman Harmony filed a
petition for writ of mandate in the Los Angeles Superior
City Clerk
Southern California Joint Powers Insurance Authority
September 22, 1997
Page Two
Court. On August 28, 1996, the Superior Court ruled that
the action and request were premature, and that the matter
should be renewed after the case had concluded.
The case has now concluded. The plaintiffs have
dismissed the case with prejudice, not having recovered
anything from any of the defendants. While Anis appears to
have dismissed the case voluntarily pursuant to one or more
settlement agreements, the case was dismissed under the
following circumstances:
(1) There was pending in the case a motion for
summary judgment filed by Councilman Harmony. The summary
judgment motion had originally been scheduled to be heard
on July 24, 1997. However, at the request of Anis, the
summary judgment motion was continued to August 18, 1997,
and then again to September 26, 1997. Anis did not file
any opposition to the summary judgment motion.
(2) The case had been assigned to arbitration which
was scheduled for September 19, 1997.
(3) Anis had refused to respond to discovery
documents propounded by Councilman Harmony, including
interrogatories and a request to produce documents. Anis
at no time produced any documents in response to any
discovery request propounded by Councilman Harmony. Had
the case not settled, Councilman Harmony would have brought
motions to compel the discovery which would have led to the
imposition of sanctions and possibly the dismissal of
Anis's case.
At all times, Councilman Harmony acted in the course
and scope of his capacity as a Councilman and is therefore
entitled to reimbursement of his attorneys fees and costs
by the city of Diamond Bar. The authority for this
includes, but is not limited to, Government Code §995,
Labor Code 52802, and the cases of Meester v. Davies (1970)
11 Cal.App.3d 342, 89 Cal.Rptr.711; Neal v. Gatlin (1973)
35 Cal.App.3d 871, 111 Cal.Rptr.117; City of Fairfield v.
Superior Court (1975)'14 Cal.3d 768, 122 Cal.Rptr.543;
Sanborn v. Chronicle Publishing Co. (1976) 18 Cal.3d 406,
134 Cal.Rptr.402; and Tenwolde v. County of San Diego,
(1993) 14 Cal.App.4th 1083, 17 Cal.Rptr.2d 789.
At the present time, Councilman Harmony has incurred
$38,451.00 to the Law Offices of R. Zaiden Corrado, and
$17,760.00 to the Law Office of Mark S. Rosen, plus court
costs. This amount will grow as this matter progresses.
City Clerk
Southern California Joint Powers Insurance Authority
September 22, 1997
Page Three
In making this claim, Councilman Harmony does not
concede that he has any obligation to file a claim with the
City or that the filing of the claim is a prerequisite for
any lawsuit to seek reimbursement of his attorneys fees and
costs. Councilman Harmony also does not concede that he
has any obligation to file a claim with the Southern
California Joint Powers Insurance Authority. Councilman
Harmony further states that the arbitration provisions in
the rules of the Southern California Joint Powers Insurance
Authority are unenforceable and that he has the right to
file a civil action against Southern California Joint
Powers Insurance Authority to recover on this claim.
MSR/pl
cc: Councilman Harmony
CITY OF DIAMOND BAR
AGENDA REPORT
AGENDA NO.: ,
TO: Honorable Mayor and Members of the City Council
MEETING DATE: November 18, 1997 REPORT DATE: November 12, 1997
FROM- Terrence L Belanger, City Manager
TITLE Slurry Seal on Pathfinder Road between Shaded Wood Road and the Westerly
City Limit - Participation with L A County Department of Public Works Project.
SUMMARY The L A County Department of Public Works is in the process of completing their
plans and specifications for their 1997-1998 Slurry Seal Project in the Hacienda Heights area.
The City of Diamond Bar has been offered to participate in the program and slurry seal the
remnant portion of Pathfinder Road between Shaded Wood Road and 1175' north of Brea
Canyon Cut-off (Diamond Bar City Limits). The cost estimate for the City of Diamond Bar's
share of the project is $15,000.00. This estimate includes, slurry seal, signing and striping,
inspection services and project administration. The remaining portion of Pathfinder Road,
otherwise, will not be scheduled for slurry until FY 2000-2001
RECOMMENDATION That the C1ty Council a.) allocate $15,000.00 from unappropriated Gas
Tax balance and increase the Capital Improvement Projects Fund by this $15,000.00 for the City of
Diamond Bar's share of the project and b ) authorize the Crry Manager to enter into agreement with
L A County Department of Public Works for participation in their 1997-1998 Slurry Seal Project.
LIST OF ATTACHMENTS X Staff Report Public Hearing Notification
Resolution(s) Bid Specifications Office)
Agreement(s) Other
EXTERNAL DISTIRIBUTION
SUBMITTAL CHECKLIST
I Has the resolution, ordinance or agreement been reviewed
by the City Attorney's
2 Does the report require a majority or 4/5 vote?
Has environmental impact been assessed?
4 Has the report been reviewed by a Commission?
Which Commission`'
5 Are other departments affected by the report"
R VIEWED BY
Terrence L B anger
City Manager
J 4DeStefano
Deputy City Manager
N/A Yes No
Majority
N/A _ Yes _ No
N/A Yes No
Yes x No
David G. Liu
Deputy Director of Public Works
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: November 18, 1997
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L Belanger, City Manager
SUBJECT: Slurry Seal on Pathfinder Road between Shaded Wood Road and the
Westerly City Limit - Participation with L.A. County Department of Public
Works Project
ISSUE STATEMENT
To participate in the L A County Department of Public Works 1997-1998 Slurry Seal Project and
Slurry seal the remnant portion of Pathfinder Road between Shaded Wood Road and 1175' north
of Brea Canyon Cut-off Road (Diamond Bar City Limits).
RECOIVINIENDATION
That the City Council a ) Allocate $15,000 00 from unappropriated Gas Tax balance and increase
the Capital Improvement Pro ,lects Rind by this $1.5,000 00 for the City of Diamond Bar's share of
the project and b ) authorize the City Manager to enter into agreement with L A County Department of
Public Works for participation in their 1997-1998 Slurry Seal Project
FINANCIAL SUNIIV1ARY
$15,000 00 can be allocated from unappropriated Gas Tax balance.
BACKGROUND/DISCUSSION
The Los Angeles County Department of Public Works has a seven year cycle for their slurry seal
program This 1097-1 998 l' fiscal fear, the County will be completing their slurry seal in their
Maintenance District I - I-laciencla Heights area (please see attached maps). This area includes the
westerly portion of, Pathfinder Road within the unincorporated area of Los Angeles County.
Pathfinder Road between Diamond Bar Boulevard and Shaded Wood Road was recently resurfaced.
However, the remaining portion of Pathfinder Road, between Shaded Wood Road and 1175 feet north
of Brea Canyon Crit -Off Road (westerly City lunits) is not scheduled to be slurried until FY 2000-2001
as part of Area 4 By participating in the County's slurry program for their Hacienda Heights area, we
will be able to have 2 continuous path of new road surface through out the entire length of Pathfinder
Road
Currently, the Los Angeles County Department of Public Works is preparing their Plans and
Specifications for this project The tentative schedule is Advertisment for Bidders in January 1998 and
Construction in March 1998
The Engineer's Estimate for cost for the City of Diamond Bar's share of the project is $15,000.00.
This cost estimate includes slurry seal, signing and striping, inspection services and project
administration
I're��ared BY:
Davi(l Liu/Rose Manela
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CASH (".WJTF A,CT '7594
PRIME CONTRACTOR L KENSE REQUIRED: /,, C12 or C32
PEPPERDA_E DRIVE, ET AL -- 97/98 SEAL
TYPE= I & II SLURRY SEAL 71�;0JECT
TOTAL_ A,IREA: 2,681.9(3.1-) E:,.F.
ICTAL LE NCS -1.1 13.78 I\A I I_ES
AM ---
aS M1II6 —. _ - --- — OG 7Y
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C 52544 M
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PROJECT LOCATIO
INDEX OF SHEETS
SHEET
1
Title Sheet
SHEET
2
Project Map
SHEETS
3-7
Location Maps
SHEET
8
Typical Sections
SHEETS
9-12
Street List
APPROVED
3
VICINITY MAP
CITY OF DIAMOND BAR DATE
REFERENCES THOMAS GUIDE 679 B -F,3-7
ROAD DISTRICT 117/417
No Scale
APPROVED H.W. STON DIRECTOR OF PUBLIC WORKS
BY /0/57
DEPUTY DIRECTOR DATE
SUBMITTED
JI�T.OR- D.MAINT.I1 DAT
REVIEWED �
I
T ENGI LER-RD.MAI� NT ST 1 ,O ATE
PROJECT ENGINEER C.E. NO.
DESIGNER
CHECKER
SHEET 1 OF 12 SHTS.
C 52544
R. SANCHO
H. MIYASHIRO
NOG
679 .1 A �; _ $ / c V ID
;�-. .�•r-S•� :,;'-.y.+_'� �. _ _ �.. _ i �� stn _,t`S.•� P@OL..,".`�`.; >� .a ��
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1 _ _ i • z l'
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L I Yi < _ _ _ - _ =' 1'7'K• c 57 _ i i..:r.,, tr ^l"� '� Mev.•.. n•.:�� k4 �•-p �I
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�+ 5S1urAaRK.,"s^
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i'
PROJECT MAP
NO SCALE
.31/
7v a
t• s
NOTE: THIS PROJECT MAP MAY ONLY BE USED AS A GENERAL REFERENCE
MAP. ONLY THE LOCATION MAPS AND STREET LIST SHALL REPRESENT THE
STREETS INCLUDED IN THIS CONTRACT.
No: 7594 1NAM ECT PEPPERDALE DRIVE, ET AL — 97/98 SEAL
PROJECT �/ C.E. N0. LACOPW FILENAME SHEET 2 OF 12
ENGINEER 1 . MALACON C 525441 ROAD MAINTENANCE I scALE: NONE I MAPO
DISTRICT 1
RUDY
® TYPE II SLURRY SEAL
TYPE 11 SLURRY SEAL
CITY OF DIAMOND BAR
JOIN AT PAINTED UNE
See Sheet 7
r✓11a1� 01 beet. J PAINTED UNE-�
CR[S LI
s o IT
cJ
GT
PSS{
p0
CVror, _ 3
Na: 7594 INAMECT PEPPERDALE DRIVE, ET AL — 97/98 SEAL
ENGINEER Y. MALACON c'5254 I O. LACDPw I I flMAP4E I
ROAD MAINTENANCE SCALE: NONE SHEET 6 OF 12
DISTRICT 1
CITY OF DIAMOND BAR
AGENDA REPORT
AGENDA N0. � r�
TO: Terrence L. Belanger, City Manager
MEETING DATE: November 18, 1997 REPORT DATE: November 12, 1997
FROM: Bob Rose, Community Services Director
TITLE: Award of Contract for As -Needed Tree Planting Services
SUMMARY: The City of Diamond Bar has over 10,000 trees in its parks, parkways and maintenance
districts for which the City is responsible. Each year, about 50 to 100 trees need to be replaced because of
damage caused by automobile accidents, vandalism and disease. Also, there are 45 trees along Aspen Grove
Lane that need to be planted due to the removal of a similar number of trees for a sidewalk replacement
project A qualified contractor is needed to plant these trees for the City. A Request for Proposal (R.F.P.) was
released on August 19, 1997 per City Council Resolution No. 97-61 to obtain an As -Needed Tree Planting
contractor. Proposals were received from four qualified contractors in response to the R.F.P. Based on
interviews with the four contractors, the most qualified contractor to complete this contract is West Coast
Arborists. Cost to complete tree planting necessary for the 1997/98 fiscal year is $20,000. $10,000 is currently
available in the tree maintenance budget of the General Fund. The $10,000 necessary to plant 45 trees along
Aspen Grove Lane is not budgeted. To complete all the tree planting needed for the current fiscal year, an
additional $10,000 needs to be allocated from General Fund reserves.
RECOMMENDED ACTION: Staff recommends that the City Council award a contract to West Coast Arborists
in an amount not to exceed $20,000 per fiscal year for As -Needed Tree Planting services. Staff further
recommends that the CityCouncil allocate $10,000 from the General Fund for planting street trees along Aspen
Grove Lane.
LIST OF ATTACHMENTS: X Staff Report
_ Resolution(s) _
_ Ordinance(s) _
X Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been
Public Hearing Notification
Bid Specifications (on file in City Clerk's office)
Other:
reviewed by the City Attorney?
X Yes
_ No
2. Does the report require a majority vote?
X Yes
v 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?
x Yes
_ No
Report discussed with the following affected departments:
Public Works
RD 7Y:
E
��toe
Terrence L. Belan
City Manager
Oes
Deputy City Manager
Bob Rose
Community Services Director
CITY COUNCIL REPORT
MEETING DATE: November 18, 1997
TO: Honorable Mayor and Members of the City Council
FROM: Terrance L. Belanger, City Manager
SUBJECT: Award of Contract for As -Needed Tree Planting Services
Issue Statement
The City has a need for a qualified contractor to plant trees on public property on an as -needed basis. The
city also needs to plant 45 trees on Aspen Grove Lane to replace trees that were removed during a sidewalk
replacement project.
Recommendation
Staff recommends that the City Council award a contract to West Coast Arborists in an amount not to exceed
$20,000 per fiscal year for as -needed tree planting services. Staff further recommends that the City Council
allocate $10,000 from the General Fund for planting street trees along Aspen Grove Lane.
Financial Summary
There is $10,000 available in the approved General Fund budget for tree planting along the major arterials in
Diamond Bar. This amount is sufficient to meet the existing tree planting needs for the major aterials. An
additional $10,000 will need to be allocated from General Fund reserves in order to plant the 45 trees along
Aspen Grove Lane.
Background
On August 19,1997, the City Council approved Resolution No. 97-61 authorizing the release of a Request for
Proposals (R.F.P.) to seek a contractor to complete tree planting projects on public property in the City of
Diamond Bar on an as -needed basis. The City received proposals from four qualified contractors in response
to the R.F.P. Each of the contractors has been interviewed by staff and the interview panel unanimously
recommends West Coast Arborists, Inc. as the most qualified contractor to complete this contract
Discussion
Each year, the City replaces about 50 to 100 trees on public property because of damage caused by
automobile accidents, vandalism and disease. Funding for this work is included in the adopted General Fund
budget Also, there are 45 trees that need to be planted on Aspen Grove Lane due to a sidewalk replacement
project Funding for these 45 trees has not been appropriated and will cost $10,000 to complete.
Approval of this contract by the City Council will authorize West Coast Arborists to complete up to $20,000
worth of tree planting per fiscal year, as directed by City staff. A renewal clause in the contract allows the City
City Council Report
Community Services Dept.
Award of Contract for As -Needed Tree Planting
Meeting Date: November 18,1997
Page 2
Council to extend the contract for an additional year on an annual basis for up to five additonal years.
Prepared by:
Bob Rose
Community Services Director
AGREEMENT
The following agreement is made and entered into, in duplicate, as of the
date executed by the Mayor and attested to by the City Clerk, by and between
West Coast Arborists. Inc. hereinafter referred to as the "CONTRACTOR" and the
City of Diamond Bar, California, hereinafter referred to as "CITY."
WHEREAS, pursuant to Request For Proposals (R.F.P.), proposals were
received, on the date specified in the R.F.P.; and
WHEREAS, City did accept the proposal of CONTRACTOR
West Coast Arborists, Inc. and;
WHEREAS, City has authorized the Mayor to execute a written contract with
CONTRACTOR for furnishing labor, equipment and material for the As -Needed
Tree Planting Services 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 As -Needed Tree Planting Services in the City of Diamond Bar. The work
to be performed in accordance with the R.F.P., dated October 28. 1997.
2. INCORPORATED -DOCUMENTS TO BE CONSIDERED
COMPLEMENTARY: The R.F.P. is incorporated herein by reference and made a
part hereof with like force and effect as if set forth in full herein. The R.F.P.,
CONTRACTOR'S Proposal dated October 27, 1997, together with this written
agreement and Exhibit "A", shall constitute the contract between the parties.
This contract is intended to require a complete and finished piece of work and
anything necessary to complete the work properly and in accordance with the law
and lawful governmental regulations shall be performed by the CONTRACTOR
whether set out specifically in the contract or not. Should it be ascertained that
any inconsistency exists between the aforesaid documents and this written
agreement, the provisions of this written agreement shall control.
3. TERMS OF CONTRACT
The CONTRACTOR agrees to complete assigned work within 10 work
days from the date work is requested.
Agreement and unit prices shall remain in force, unless terminated sooner, until
City of Diamond Bar 1 As -Needed Tree Planting Services
June 30, 1999. Agreement may be extended per Section 14.
4. INSURANCE: The CONTRACTOR shall not commence work under this
contract until he has obtained all insurance required hereunder in a company or
companies acceptable to City nor shall the CONTRACTOR allow any
subcontractor to commence work on his subcontract until all insurance required
of the subcontractor has been obtained. The CONTRACTOR shall take out and
maintain at all times during the life of this contract the following policies of
insurance:
a. Workers' Compensation Insurance: Before beginning work, the
CONTRACTOR shall furnish to the City a certificate of insurance as
proof that he has taken out full workers' compensation insurance for
all persons whom he may employ directly or through subcontractors
in carrying out the work specified herein, in accordance with the
laws of the State of California. Such insurance shall be maintained
in full force and effect during the period covered by this contract.
In accordance with the provisions of Section 3700 of the California
Labor Code, every CONTRACTOR shall secure the payment of
compensation to his employees. The CONTRACTOR, prior to
commencing work, shall sign and file with the City a certification as
follows:
"I am aware of the provisions of Section 3700 of the Labor Code
which requires every employer to be insured against liability for
workers' compensation or to undertake self insurance in accordance
with the provisions of that Code, and I will comply with
such provisions before commencing the performance of work of this
contract."
b. For all operations of the CONTRACTOR or any sub -contractor in
performing the work provided for herein, insurance with the
following minimum limits and coverage:
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.
City of Diamond Bar 2 As -Needed Tree Planting Services
4) CONTRACTOR'S Protective - Property Damage $250,000 each
accident; $500,000 aggregate.
5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each
accident.
6) Automobile - Property Damage $250,000 each accident.
c. Each such policy of insurance provided for in paragraph b. shall:
1) Be issued by an insurance company approved in writing by City,
which is admitted to do business in the State of California.
2) Name as additional insured the City of Diamond Bar, its officers,
agents and employees, and any other parties specified in the bid
documents to be so included;
3) Specify it acts as primary insurance and that no insurance held or
owned by the designated additional insured shall be called upon
to cover a loss under the policy;
4) Contain a clause substantially in the following words:
"It is hereby understood and agreed that this policy may not be
canceled nor the amount of the coverage thereof reduced until
thirty (30) days after receipt by City of a written notice of such
cancellation or reduction of coverage as evidenced by receipt of
a registered letter."
5) Otherwise be in form satisfactory to the City.
d. The policy of insurance provided for in 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.
City of Diamond Bar 3 As -Needed Tree Planting Services
e. The CONTRACTOR shall, within ten (10) days from the date of the
notice of award of the Contract, deliver to the City Manager or his
designee the original policies of insurance required in paragraphs a.
and b. hereof, or deliver to the City Manager or his designee a
certificate of the insurance company, showing the issuance of such
insurance, and the additional insured and other provisions required
herein.
5. PREVAILING WAGE: Notice is hereby given that in accordance with the
provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and
2, the CONTRACTOR is required to pay not less than the general prevailing rate
of per diem wages for work of a similar character in the locality in which the
public works is performed, and not less than the general prevailing rate of per
diem wages for holiday and overtime work. In that regard, the Director of the
Department of Industrial Relations of the State of California is required to and has
determined such general prevailing rates of per diem wages. Copies of such
prevailing rates of per diem wages are on file in the Office of the City Clerk of the
City of Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California,
and are available to any interested party on request. City also shall cause a copy
of such determinations to be posted at the job site.
The CONTRACTOR shall forfeit, as penalty to City, not more than
twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for
each calendar day or portion thereof, if such laborer, workman or mechanic is
paid less than the general pre- vailing rate of wages hereinbefore stipulated for
any work done under this Agreement, by him or by any subcontractor under him.
S. APPRPNTICFSHIP EMPLOYMENT, In accordance with the
provisions of Section 1777.5 of the Labor Code, and in accordance with the
regulations of the California Apprenticeship Council, properly indentured
apprentices may be employed in the performance of the work.
The CONTRACTOR is required to make contribution to funds
established for the administrative of apprenticeship programs if he employs
registered apprentices or journeymen in any apprenticeable trade on such
contracts and if other CONTRACTOR'S on the public works site are making such
contributions.
The CONTRACTOR and subcontractor under him shall comply with the
requirements of Sections 1777.5 and 1777.6 in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules and
City of Diamond Bar 4 As -Needed Tree Planting Services
other requirements may be obtained from the Director of Industrial Relations, ex -
officio the Administrator of Apprenticeship, San Francisco, California, or from the
Division of Apprenticeship Standards and its branch offices.
7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a
legal day's work for all workmen employed in the execution of this contract, and
the CONTRACTOR and any sub -contractor under him shall comply with and be
governed by the laws of the State of California having to do with working hours
set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State
of California as amended.
The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars
($25.00) for each laborer, workman or mechanic employed in the execution of the
contract, by him or any sub- CONTRACTOR under him, upon any of the work
hereinbefore mentioned, for each calendar day during which the laborer,
workman or mechanic is required or permitted to labor more than eight (8) hours
in violation of the Labor Code.
8. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay
travel and subsistence pay to each workman needed to execute the work required
by this contract as such travel and subsistence payments are defined in the
applicable collective bargaining agreements filed in accordance with Labor Code
Section 1773.8.
9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its
officers, agents and employees ("Idemnitees") shall not be answerable or
accountable in any manner for any loss or damage that may happen to the work
or any part thereof, or for any of the materials or other things used or employed
in performing the work; or for injury or damage to any person or persons, either
workmen or employees of the CONTRACTOR, of his subcontractor's or the
public, or for damage to adjoining or other property from any cause whatsoever
arising out of or in connection with the performance of the work. The
CONTRACTOR shall be responsible for any damage or injury to any person or
property resulting from defects or obstructions or from any cause whatsoever.
The CONTRACTOR will indemnify Indemnitees against and will hold and
save Indemnitees harmless from any and all actions, claims, damages to persons
or property, penalties, obligations or liabilities that may be asserted or claimed
by any person, firm, entity, corporation, political subdivision, or other
organization arising out of or in connection with the work, operation, or activities
of the CONTRACTOR, his agents, employees, subcontractors or invitees
provided for herein, whether or not there is concurrent passive or active
negligence on the part of City. In connection therewith:
City of Diamond Bar 5 As -Needed Tree Planting Services
a. The CONTRACTOR will defend any action or actions filed in
connection with any such claims, damages, penalties, obligations or
liabilities and will pay all costs and expenses, including attorneys'
fees incurred in connection therewith.
b. The CONTRACTOR will promptly pay any judgment rendered against
the CONTRACTOR or Indemnitees covering such claims, damages,
penalties, obligations and liabilities arising out of or in connection
with such work, operations or activities of the CONTRACTOR
hereunder, and the CONTRACTOR agrees to save and hold the
Indemnitees harmless therefrom.
c. In the event Indemnitees are made a party to any action or
proceeding filed or prosecuted against the CONTRACTOR for
damages or other claims arising out of or in connection with the
work, operation or activities hereunder, the CONTRACTOR agrees to
pay to Indemnitees and any all costs and expenses incurred by
Indemnitees in such action or proceeding together with reasonable
attomeys' fees.
So much of the money due to the CONTRACTOR under and by virtue of
the contract as shall be considered necessary by City may be retained by City
until disposition has been made of such actions or claims for damages as
aforesaid.
This indemnity provision shall survive the termination of the Agreement
and is in addition to any other rights or remedies which Indemnitees may have
under the law.
This indemnity is effective without reference to the existence or
applicability of any insurance coverages which may have been required under
this Agreement or any additional insured endorsements which may extend to
Indemnitees.
CONTRACTOR, on behalf of itself and all parties claiming under or
through it, hereby waives all rights of subrogation and contribution against the
Indemnitees, while acting within the scope of their duties, from all claims, losses
and liabilities arising our of or incident to activities or operations performed by or
on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent
active or passive negligence by the Indemnitees.
10. NON-DISCRIMINATION: Pursuant to Labor Code Section 1736, no
City of Diamond Bar 6 As -Needed Tree Planting Services
discrimination shall be made in the employment of persons in the work
contemplated by this Agreement because of the race, color or religion of such
person. A violation of this section exposes the CONTRACTOR to the penalties
provided for in Labor Code Section 1735.
11. CONTRACT PRICE AND PAYMENT: City shall pay to the
CONTRACTOR for furnishing all material and doing the prescribed work the unit
prices set forth in the Price Schedule in accordance with CONTRACTOR'S
Proposal dated October 27. 1997 not to exceed Twenty -Thousand dollars
($20,000) per fiscal year.
12. ATTORNEY'S FEES: In the event that any action or proceeding is
brought by either party to enforce any term of provision of the this agreement, the
prevailing party shall recover its reasonable attorney's fees and costs incurred
with respect thereto.
13. TERMINATION: This agreement may be terminated by the City,
without cause, upon the giving of a written "Notice of Termination" to
CONTRACTOR at least thirty (30) days prior to the date of termination specified
in the notice. In the event of such
termination, CONTRACTOR shall only be paid for services rendered and
expenses necessarily incurred prior to the effective date of termination.
14. EXTENSION OPTION: 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 one (1) year extensions.
In the event the City Council exercises its option to extend the term of this
Agreement for one or more additional one year periods, the Contractor's unit
prices 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 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
City of Diamond Bar 7 As -Needed Tree Planting Services
Conumer Price Index ("CPP') for the Los Angeles -Anaheim -Riverside
metropollitan 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, at its discretion, substitute for the Index such other
similar index as it may deem appropriate.
City of Diamond Bar 8 As -Needed Tree Planting Services
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
with all the formalities required by law on the respective dates set forth opposite
their signatures.
State of California "CONTRACTOR'S" License No. 366764
Date
West Coast ARborists, Inc.
2200 E. Via Burton Street
Anaheim, CA 92806
By: Randy Thompson C-3-1
j'1.
Vice President
TITLE
CITY OF DIAMOND BAR, CALIFORNIA
By:
Date MAYOR
ATTEST:
By:
Date CITY CLERK
CONTRACTOR'S Business Phone 714-991-1900
Emergency Phone at which
CONTRACTOR can be reached at any time 800-521-3714
UD 0 . Date Y
City of Diamond Bar 9 As -Needed Tree Planting Services
Exhibit "A"
The following is incorporated into and made a part of the As -needed Tree Planting
Services contract -
1 .
ontract:
1. 90 day warranty is included in price of each tree.
2. Watering will be completed as needed by contractor during warranty period.
3. Master street tree planting plan shall be completed by contractor for major
arterials at no charge. Master street tree planting plan for residential areas will
be completed by contractor at no charge after planting area is scheduled by City.
4. Trees with 2" or less diameter trunk shall be removed for $20.00 each.
5. Root Barrier specification is revised as 12" deep plastic panel.
A. Root barrier for 15 gallon tree shall be $25.00.
B. Root barrier for 24" box tree shall be $50.00.
C. Additional size root barrier shall be $7 per linear foot.
City of Diamond Bar 9 As -Needed Treed Planting Services
A e_AIGGnin TRFF DLAKITING SERVICES IN TNF CITY OF DIAMOND BAR
Company Name West Coast Arborists, Inc.
Address
2200 E.
Via Burton Street, Anaheim,
CA 92806
Phone( 714
) 991-1900
Fax( 714 )
956-3745
Proposal Submitted by Randy Thompson Date 10-27-97
A. Unit Prices (nuantity of one unit)
1. Unit cost for purchasing and planting one tree per general and technical
specifications for size stated (not including tree well cover and root barrier):
a. 15 gallon tree
$ 85.00
per tree
b. 24" box tree
$ 175.00
per tree
c. 36" box tree
$ 650.00
per tree
d. 48" box tree
$ 1450.00
per tree
2. Unit cost for purchasing and installing one 35" x 35" tree well cover: $ 60.00- -
3. Unit cost for purchasing and installing one root barrier: $ 25.00
4. Unit cost for removing one dead or damaged tree: $ 20.00
B. nuantitiy Prices (Cluantity of 10 or more units)
1. Unit cost for purchasing and planting 10 trees or more in a single request per
general and technical specifications for size stated (not including tree will cover
and root barrier):
a. 15 gallon tree
$ 85.00
per tree (Quantitiy of 10 or more)
b. 24" box tree
$ 175.00
per tree (Quantitiy of 10 or more)
c. 36" box tree
$ 650.00
per tree (Quantitiy of 10 or more)
c. - 48" box tree
$1450.00
per tree (Quantitiy of 10 OF more)
2. Unit cost for purchasing and installing 10 or more 35" x 35" tree well covers:
$ 60.00 per tree well cover (Quantity of 10 or more)
3. Unit cost for purchasing and installing 10 or more root barriers:
$ 25.00 per root barrier (Quantity of 10 or more)
4. Unit cost for removing 10 or more dead or damaged trees
$ 20.00 per tree (Quantity of 10 or more)
City of Diamond Bar 9 As -Needed Tree Planting Services
CITY COUNCIL REPORT
AGENDA NO. 6.7
MEETING DATE: November 18,1997
TO: Honorable Mayor and Members of the City Council
FROM: City Manager
SUBJECT: Award of Contract for Revenue Collection Services
ISSUE STATEMENT:
In August 1993, the City Council of the City of Diamond Bar passed Ordinance 4 (1993) and
Resolution 93-68 which established standards for false alarm systems and a service charge for
public nuisance alarm systems, respectively. The passing of this resolution caused a substantial
increase in accounts receivable activity. Unfortunately, payments for over 50% of this activity
require additional collection efforts. Staff has determined that an agency who specializes in revenue
collection can most efficiently make contact with violators and collect delinquent accounts.
RECOMMENDATION:
It is recommended that the City Council of the City of Diamond Bar authorize the City Manager to
enter into a contract with National Revenue Corporation for revenue collection services.
FINANCIAL SUMMARY:
It is estimated that by using National Revenue Corporation, the City will see between a 30% to 50%
increase in the collection of delinquent false alarm revenues. This translates into approximately a
$30,000 increase in annual revenues.
BACKGROUND:
In August and September 1993, the City Council of the City of Diamond Bar passed Ordinance 4
(1993) and Resolution 93-68 which established standards for false alarm systems and a service
charge for public nuisance alarm systems, respectively. This action was taken in order to assist in
recovering the thousands of dollars a year spent on responding to false alarms in homes and
businesses. Additionally, it was anticipated that the false alarm fees would be a disincentive to
alarm owners to have additional false alarms.
During fiscal year 1996-97, the City has processed approximately 2600 notices and billings. The
average number of warning letters generated on a monthly basis is 219. The average number of
invoices generated on a monthly basis is 75. It takes approximately 10 hours of time per month for
initial notice and billing processing. This does not take into consideration researching and
contacting delinquent accounts. Staffs attempts to collect delinquent alarm accounts has been met
with mixed results. The staff time necessary to continually process notices and invoices and stay
current with the increasing number of past due invoices has become extremely cumbersome. In
order to maximize revenue collection efforts, staff explored the possiblity of contracting for services
with a collection agency.
DISCUSSION:
Staff contacted several collection agencies regarding delinquent account processing. However, only
two returned calls and submitted proposals. The two agencies were Transworld Systems, Inc. and
National Revenue Corporation (NRC). Both agencies provide collection services in the manner in
which the City is looking. However, National Revenue Corporation offered the service at a lesser
rate and is more willing to work with staff to tailor letters and processes to suit the City's
requirements. The process which National Revenue Corporation is proposing consists of:
1. An audit letter which is sent to the property owner/tenant. The letter states that NRC is verifying
the account balance. It advises alarm owner that if they have not yet paid the amount due to please
do so.
2. A claim notice that is sent to the alarm owner to advise them that their account has been sent
to NRC for settlement. The alarm owner is advised that NRC has the authority to pursue the claim
and will take necessary steps to do so.
3. An additional letter is sent to the alarm owner once again advising payment of the debt. The
alarm owner is advised that failure to cure the debt may result in adverse credit reporting.
During each step of the process the alarm owner is advised that they may dispute the charge within
30 days by contacting NRC. If the charge is not disputed it will be pursued. If, after the three
contact letters (approximately 120 days) , payment is still outstanding, the City will then have the
option of having NRC continue to pursue the matters on a contingency basis. If the account is less
than one year old, NRC will continue to pursue collection on a 30% contingency basis. If the
account is greater than one year old, the contingency amount will be 50%. This second phase of
the collection process consists of an additional letter notifying the alarm owner of pending litigation
and gives them a last opportunity to pay prior to litigation. -
National Revenue Corporation is proposing an initial collection cost of $6,500. This price is for
submitting 1,000 delinquent accounts at a rate of $6.50 per account. National Revenue Corporation
guarantees a 300% return on the City's investment. In other words, for the initial $6,500 investment,
there is a guarantee that $19,500 will be recovered from delinquent accounts. Accounts over and
above the initial 1,000 accounts submitted to NRC will also be collected at a rate of $6.50 per
account.
PREPARED BY:
Joann M. Gitmed
CITY OF DIAMOND BAR
AGENDA REPORT
AGENDA NO.
TO: Honorable Mayor and Members of the City Council
MEETING DATE: November 18, 1997 REPORT DATE: November 13, 1997
FROM: Terrence L. Belanger, City Manager
TITLE: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
ADOPTING A MORTGAGE CREDIT CERTIFICATE PROGRAM IN COOPERATION WITH
THE COUNTY OF LOS ANGELES, AUTHORIZING AN APPLICATION TO THE
CALIFORNIA DEBT LIMIT ALLOCATION COMMITTEE IN 1998, 1999, 2000 FOR AN
ALLOCATION FOR THE ISSUANCE OF MORTGAGE CREDIT CERTIFICATES AND THE
TRANSFER OF SUCH ALLOCATION TO THE COUNTY OF LOS ANGELES"
SUMMARY: In 1994, the City in cooperation with Los Angeles County applied to
participate in the Mortgage Credit Certificates (MCC) Program. The Program is designed
to assist the first-time home buyer in purchasing a single-family home, condominium or
townhouse by allowing an eligible purchaser to take up to twenty percent (20%) of his/her
annual mortgage interest payment as a dollar -for -dollar tax credit against federal income
tax. The MCC assists the qualified homebuyer in obtaining an effective reduction in
monthly mortgage payments by adjusting the homebuyer's allowances on his/her W-4 to
reduce the amount of tax withheld by the employer. Therefore, the purchaser has more
monthly income available to cover mortgage payments. Since the City joined the program
the following MCC's have been issued: FY 1994/95 - 2; FY 1995/96 - 6; FY 1996/97 - 5.
In the current fiscal year the City has issued five (5) MCC's and seven (7) MCC's are in
process.
RECOMMENDATION: Adopt the attached Resolution 97 - XX and authorize the Mayor to
sign the cooperative agreement.
LIST OF ATTACHMENTS: X Staff Report —
Public Hearing Notification
X Resolution(s) _
Bid Specification
_ Ordinance(s)
Other:
X Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been X Yes
_ No
reviewed by the City Attorney?
2. Does the report require a majority vote?
N/A _ Yes
_ No
3. Has environmental impact been assessed?
N/A Yes
_ No
4. Has the report been reviewed by a Commission? _ Yes
X No
5. Are other departments affected by the report?
_ Yes
X No
REVIEWED BY:
f
Terrence L. Beldh er
9
City Manager
AAesDeStefa &io
Deputy City Manager
Kellee A. Fritzal
Assistant to City Manager
RESOLUTION NO. 97 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
ADOPTING A MORTGAGE CREDIT CERTIFICATE PROGRAM IN
COOPERATION WITH THE COUNTY OF LOS ANGELES, AUTHORIZING AN
APPLICATION TO THE CALIFORNIA DEBT LIMIT ALLOCATION COMMITTEE
IN 1998, 1999, 2000 FOR AN ALLOCATION FOR THE ISSUANCE OF
MORTGAGE CREDIT CERTIFICATES AND THE TRANSFER OF SUCH
ALLOCATION TO THE COUNTY OF LOS ANGELES
WHEREAS, there is a shortage in the County of Los Angeles (the "County") and in the City of
Diamond Bar (the "City") of decent, safe and sanitary housing, particularly of housing affordable
by first-time home buyers, and a consequent need to encourage the availability of homes affordable by
such persons and otherwise to increase the housing supply in the City and in the County for such
persons: and
WHEREAS, the Board of Supervisors of the County has declared its intent to engage in a
mortgage credit certificate program (the "Program") pursuant to Part 5 of Division 31 of the Health
and Safety Code of the State of California (the "Act") and to issue mortgage credit certificates
pursuant to the Act to provide funds for the Program; and
WHEREAS, the City hereby finds and determines that it is in the best interest of the City to
participate in the Program and to consent to the operation of the Program by the County within the
geographic boundaries of the City pursuant to the Act; and
WHEREAS, the City desires to enter into a Cooperative Agreement with the County to permit the
operation of the Program within the boundaries of the City; and
WHEREAS, section 146 of the Internal Revenue Code of 1986, as amended (the "Code"), limits
the amount of mortgage credit certificates that may be issued in any calendar year by entities within
a state and authorizes the governor or the legislature of such state to provide the method of allocation
within such state; and
WHEREAS, Chapter 11.8 of Division 1 of Title 2 of the Government Code of the State of
California (the "Government Code") governs the allocation of the state ceiling (as that term is defined
in the Code) among governmental units in the State of California (the "State") having the authority to
issue mortgage credit certificates; and
WHEREAS, Section 8869.85 of the Government Code requires a local agency, to file an
application for a portion of the state ceiling with or upon the direction of the California Debt Limit
Allocation Committee ("CDLAC") prior to the issuance of mortgage credit certificates; and
WHEREAS, the City has determined to transfer to the County pursuant to Section 8869.85(d) of
the Government Code, the total amount, if any, of authority to issue mortgage credit certificates
allocated to the City from the state ceiling; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Diamond
Bar resolves as follows:
SECTION 1 : Each of the foregoing recitals is true and correct.
SECTION 2: The City hereby adopts the Program for the purpose of increasing the housing
supply in the County and in the City and consents to the operation of the Program by the County with
respect to all property located within the geographical boundaries of the City.
SECTION 3: The Cooperative Agreement between the County and the City (the "Agreement"),
a copy of which is attached hereto as Exhibit A, is hereby approved and the Mayor is hereby authorized
and directed to execute and deliver the Agreement, for and in the name and on behalf of the City. The
Mayor, with the advice and consent of the City Attorney, is authorized to approve any additions to or
changes in the form of the Agreement deemed necessary or advisable, approval of such additions or
changes to be conclusively evidenced by execution by the Mayor of the Agreement as so added to or
changed. The Mayor, with the advice and consent of the City Attorney, is further authorized to enter
into such additional agreements with the County, execute such other documents or take such other
actions as they may deem necessary or appropriate to carry out the purpose and intent of the
Agreement or to cooperate in the implementation of the Program.
SECTION 4: The City authorizes the County, and its authorized designee, to submit an
application, and such other document as may be required, to CDLAC for an Mortgage Credit
Certificate allocation in 1998, 1999, and 2000.
SECTION 5: The City hereby authorizes the transfer to the County of all of the principal
amount, if any, of mortgage credit certificates allocated to the City by CDLAC. The City Manager or
his designee, on behalf of the City, is authorized and directed to take such steps and execute such
documents as are necessary to effect the transfer of such allocation to the County for the issuance of
mortgage credit certificates, the proceeds of which are to be used to induce the origination of home
mortgage loans to qualifying persons residing within the City and the County.
SECTION 6: The officers and employees of the City are authorized and directed, jointly and
severally, to do any and all things necessary or advisable in order to effectuate the purposes of this
resolution or the issuance of the mortgage credit certificates by the County, and all actions previously
taken by such officers and employees in connection with the application for the allocation authorized
to be requested are ratified and approved.
SECTION 7: This resolution shall take effect immediately upon its adoption by the City
Council, and, the City Clerk shall certify the vote adopting this resolution.
PASSED APPROVED AND ADOPTED this day of 1997.
MAYOR
ATTEST:
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS:
CITY OF DIAMOND BAR )
I, LYNDA BURGESS City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Resolution was duly adopted by the Council of the City of Diamond Bar, California, at a
regular meeting thereof held on the day of , 1997, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Lynda Burgess, CITY CLERK
City of Diamond Bar
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO. yj
TO: Terrence L. Belanger, City Manager
MEETING DATE: November 18, 1997 REPORT DATE: November 10, 1997
FROM: James DeStefano, Deputy City Manager
TITLE: CONSIDERATION OF GROUND LEASE CONTRACT WITH LOS ANGELES
CELLULAR (LA CELLULAR) TO LOCATE A TELECOMMUNICATIONS
FACILITY UPON AN EXISTING BALLFIELD LIGHTPOLE AT PETERSON
PARK.
SUMMARY: LA Cellular requests approval of a ground lease to locate an antenna upon an existing
lightpole at Peterson Park. On August 12, 1997 the Planning Commission approved
Conditional Use Permit 97-2 and Development Review 97-6 to allow the facility,
contingent upon the approval of a ground lease by the City Council. A ground lease
is proposed at $1,000.00 per month for the initial five (5) year term of the
lease.
RECOMMENDATION: It is recommended that the City Council approve the ground lease
contract with L.A.Cellular.
LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification
Resolution(s) _ Bid Specification
Ordinance(s) X Agreements(s)
EXTERNAL DISTRIBUTION
SUBMITTAL CHECKLIST:
1. Has the Resolution, ordinance or agreement been reviewed X Yes _ No
by the City Attorney?
2. Does the report require a majority or 4/5 vote? Majority
3. Has environmental impact been assessed? X Yes No
4. Has the report been reviewed by a Commission? X Yes No
Which Commission? Planning Commission / Parks and Recreation Commission
5. Are other departments affected by the report? X Yes No
Report discussed with the following affected departments:
Community Services Division; Finance Division
RE -E D Y:
Terrence L. Belan r
City Manager
n
mes DeStefano
Deputy City Manager
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: November 18, 1997
TO: Honorable Mayor and Members of the City Council
FROM: City Manager
SUBJECT: Consideration of a Ground Lease Contract with Los Angeles
Cellular Telephone Company (LA Cellular)
ISSUE STATEMENT: The issue before the City Council is whether or not to enter into a
contract to lease space on an existing lightpole and ground
easements at Peterson Park to LA Cellular for the amount of
$1,000 per month.
RECOMMENDATION: It is recommended that the City Council approve the Ground Lease
Contract with LA Cellular.
FINANCIAL SUMMARY: The City will accrue $1,000 per month for five (5) years, with an
option for LA Cellular to renew the lease in two, five (5) year
increments, up to the year 2012.
BACKGROUND/DISCUSSION: In March, 1997 LA Cellular approached the City expressing
an interest in leasing an area in the southwest corner of Peterson Park for the purpose of locating
a small telecommunications facility, resembling the existing lightpoles in the park, to hold two
microcell, 8'x 18' antenna panels. The proposed site was selected by LA Cellular to provide
adequate line of sight digital telecommunications coverage along the Pomona Freeway corridor
and portions of Diamond Bar. The original proposal was to lease:
(1) an easement area for the construction of a monopole and support equipment cabinets;
(2) an easement for an access path to the site; and
(3) easements for electrical and telephone service to the site.
This proposal was accompanied by an offer of $1000 per month.
In order for the facility to be less intrusive, the proposal was modified to leasing:
(1) an existing lightpole on the perimeter of the park;
(2) an easement for an access path to the site, partially along an existing perimeter path
which is to be reinforced at LA Cellular's expense, and an easement for the area next
to the lightpole for the support equipment cabinets; and
(3) easements for electrical and telephone service to the site.
This proposal was accompanied by an offer of $1000 per month.
On May 27, 1997, LA Cellular applied for a Conditional Use Permit (CUP 97-2) and Development
Review (DR 97-6) for a telecommunication facility to be located at Peterson Park. Two microcell
antenna panels were proposed to be attached to an existing lightpole, 62 feet from ground level.
For access, the proposal includes curb cuts at the parking lot, reinforcing portions of an existing
perimeter path, and an easement across the open area of the park to the designated lightpole. It
also included an easement for a 15'x 27' enclosure for two side-by-side equipment cabinets and
additional easements for telephone and electrical service. On August 12, 1997, at a duly noticed
regular meeting and public hearing, the Planning Commission approved CUP 97-2 and DR 97-6,
subject to the approval of a Ground Lease Contract with LA Cellular by the City Council.
On August 28, 1997 the Parks and Recreation Commission received a Staff Report and
presentation regarding consideration of the cellular telephone antenna site in Peterson Park. It was
concluded by this Commission that the installation of the telecommunications facilities at Peterson
Park, as proposed, will not interfere with the use of the park for recreation purposes. In addition,
leasing unused park space is identified in the draft Parks Master Plan as a possible source of funds
to off -set the cost of park operations. The Parks and Recreation Commission recommended that
the City Council approve a ground lease contract with LA Cellular.
Components of the lease:
1. $1000 per month for five years to begin on September 1, 1997 with two (2), five-
year options to extend the lease to September 1, 2017;
2. Upon termination of the lease, LA Cellular will return the leased area to the original
condition;
3 The City has the option to cancel the lease at any time with the proper notification.
PREPARED BY.-
Susan
Y:Susan Cole
Planning Technician
ATTACHMENTS:
1. Ground Lease;
2. Conditional Use Permit Resolution 97-11
J. Digitally Enhanced Photographs of the Proposed Telecommunications Facility
GROUND LEASE
L.A .10501111,.�
CELLULAR
Los Angeles Cellular Telephone Company
Dated as of: Auqust 8, 1997
[Building and antennae to be constructed on the Property]
You, City of Diamond Bar, a municipal corporation, as landlord, agree to lease the Premises and
grant the Easements (both defined below) to us, Los Angeles Cellular Telephone Company (L.A. Cellular),
as tenant, and we agree to lease the Premises and accept the Easements from you, upon the following
terms:
1. Certain Definitions. The following is a list of some of the definitions used in this Lease -
(a) "Lease" This Ground Lease.
(b) "You" (Landlord) City of Diamond Bar.
(c) "We" or "Us" (Tenant)- Los Angeles Cellular Telephone Company (L.A. Cellular).
(d) "Party" or "Parties You or us as the context requires, and together, you and us.
(e) "Property` Your land, which is located at Carlton Peterson Park, 24142 Sylvan Glen
Rd., Diamond Bar, CA 91765 and is further described on Exhibit A.
(f) "Easements Described in paraqraph 7
(g) "Premises"- The portion of the Property shown as cross -hatched on Exhibit B and the
Easements.
(h) 'Term Start Date": September 1, 1997
(i) 'Initial Term End Date` Auqust 31, 2002
0) "Operational Phase Commencement Date": The date on which we give you a
"Commencement Letter," as defined in paragraph 4.
(k) 'Permit Phase": The period of time from the Term Start Date until the Operational Phase
CommenArtent Date.
4
(1) "Operational Phase": The period of time from the Operational Phase Commencement
Date until the expiration or earlier termination of this Lease.
(m) 'Permit Phase Rental Rate": $ 1,000.00 per month.
(n) "Operational Phase Rental Rate- $ 1.000.00 per month, as may be adjusted in
paragraph 5(b).
(o) "Communications Facility" The communications antennae, antennae array, and all
equipment and related items which we plan to construct on the Premises, which may include, for
example, cables, conduits, air conditioners, and generators.
(p) "Index": The consumer price index which has the following title: The Consumer Price
Index for All Urban Consumers applicable to the Los Angeles -Anaheim -Riverside area published
by the U.S Department of Labor, Bureau of Labor Statistics subgroup "All Items (1982-84 = 100)."
(q) "Your Adjacent Property": Any property (other than the Property) which is (i) located
within a radius of 500 feet of the Premises, and (ii) owned, leased, licensed, or otherwise
controlled by you or any ert,ty that controls you.
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2. Initial Lease Term. This Lease will start on the Term Start Date and end on the Initial Term End
Date, except if this Lease is terminated earlier for the reasons provided in this Lease or if the term is
extended as discussed in paragraph 3 You agree to deliver possession of the Premises to us on the Term
Start Date.
3. Extensions of Lease Term. The Initial Term End Date will automatically be extended 3
consecutive times for 5 years each time, unless we notify you of our desire to terminate this Lease, at
least 3 months before the Initial Term End Date (or, if this Lease has been extended, the expiration of the
extension then in effect).
4. Permits and Approvals; Permit Phase Termination. You represent and warrant to us that you
have all governmental permits and approvals necessary for your present use of the Premises, and for any
construction and/or improvement that has taken place thereon. To the extent other governmental permits
and approvals, (including but not limited to Conditional Use Permit 97-2 and Development Review 97-6),
are required for us to construct and/or use the Communications Facility, we will obtain and maintain such
permits and approvals. When we have obtained all required governmental permits and approvals for our
construction and use of the Communications Facility, we will give you a notice, called a "Commencement
Letter." The Commencement Letter will state the Operational Phase Commencement Date, and, if that
date is other than the first day of the calendar month, then the Operational Phase Rental Rate will
commence on the first day of the next calendar month. A copy of the Commencement Letter should be
attached to this Lease to show the Operational Phase Commencement Date. We may terminate this
Lease at any time during the Permit Phase by giving you a notice of termination, called a "Termination
Notice," if we, in our sole discretion, have determined that:
(a) the Premises (including the Easements) are or have become unsuitable for our planned
Communications Facility;
(b) we cannot obtain or maintain any required governmental permits or approvals; or
(c) the cost or effort required to obtain or maintain any required governmental permits or
approvals is or has become economically impractical for us.
If we give you a Termination Notice as discussed in this paragraph 4, this Lease will terminate 30
days after we give you the Termination Notice, and you will be entitled to rent accruing through the date of
termination .
5. Rent.
(a) During the Permit Phase, we will pay you rent at the Permit Phase Rental Rate as
described in this paragraph. On the Term Start Date we will pay you one month's rent at the
Permit Phase Rental Rate. Starting on the first day of the next calendar month, and continuing on
the first day of each subsequent month during the Permit Phase, we will pay you monthly rent at
the Permit Phase Rental Rate. If the Term Start Date is on a day other than the first day of a
calendar month, rent for the second month in the Permit Phase will be prorated to reflect the fact
that the first month was a partial month.
(b) DMAng the Operational Phase, we will pay you rent at the Operational Phase Rental Rate
as describild in this paragraph. On the first day of each calendar month during the Operational
Phase, we will pay you monthly rent at the Operational Phase Rental Rate as may be adjusted as
discussed below. If the Operational Phase Commencement Date is on a day other than the first
day of the calendar month, the rental rate will change to the Operational Phase Rental Rate on the
first day of the next calendar month. Rent for any partial month at the end of the lease term will be
prorated. Effective on the day after the expiration of the 12 -month period beginning on the Term
Start Date and on the day after the expiration of each subsequent 12 -month period ("Adjustment
Date") the Operational Phase Rental Rate will be adjusted as follows:
The Operational Phase Rental Rate for the 12 -month period beginning on each
Adjustment Date shall be determined by multiplying the original Operational Phase Rental Rate
stated in Paragraph 1(n) by a fraction, the numerator of which is the Index which is published for
the third month preceding that Adjustment Date ("Extension Index") and the denominator of which
is the Index which is published for the third month preceding the Term Start Date ("Beginning
Index"); provided however, that the adjusted Operational Phase Rental Rate shall not be less than
100% nor more than 105% of the Operational Phase Rental Rate in effect during the immediately
preceding 12 -month period."
If the Index is changed so that the base year differs from that used for the Beginning
Index, the Index shall be converted in accordance with the conversion factor published by the
United States Department of Labor, Bureau of Labor Statistics. If the Index is discontinued or
revised during the term, such other government index or computation with which it is replaced
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shall be used in order to obtain substantially the same result as would be obtained If the Index had
not been discontinued or revised
6. Reserved.
Easements.
(a) By signing this Lease, you grant to us the following easements (the "Easements")
appurtenant to the Premises:
(i) The nonexclusive right for vehicular and pedestrian Ingress and egress to and
from the Premises 24 hours a day, 7 days a week, over and across the pathway
described as "Access Easement' on Exhibit B:
(ii) The nonexclusive right to install and/or use subsurface utility lines, including, for
example, electrical, water, gas, telephone, power, drains and/or sewer pipes located or to
be located on those portions of the Property described as "Sub -Surface Utility
Easement' on Exhibit B:
(Iii) Zero 0 assigned parking space(s) described as "Assigned Parking Space(s►"
on Exhibit 8, and one 1 unassigned parking space(s) described as "Non -Assigned
Parking Space(s)" on Exhibit B.
(b) The Easements will include placement and traffic of such trucks, vehicles and heavy or
other construction or repair machinery on the Property as may be necessary or appropriate from
time to time for the construction, installation, operation, maintenance, replacement and/or removal
of the Communications Facility. If you give us written notice of any damage to the Property
caused by our construction or use of the Easements, we will promptly repair the Property to the
condition that existed immediately pnor to such damage; however, we will not be liable to you or to
any other person or entity entitled to use the Property on which the Easements are located, for
any consequential damages (including, for example, economic loss) attributable to such use,
damage or repairs. We shall not construct any improvements on the Easements without your prior
written consent (which consent may be granted by your City Manager or the City Managers
designee, and does not require the approval of your city Council). Unless otherwise stated In your
consent to the construction of the improvements (which may as a condition of approval require
that upon expiration or termination of the term of this Lease we remove all or a designated portion
of such improvements and restore the Easements to the condition designated by you in your
consent) all such improvements shall immediately upon completion without further action become
your property. All such improvements shall be constructed in strict compliance with applicable
law, with the plans and specifications approved by you, and with any conditions of your consent.
We shall pay all costs of construction of such improvement, and shall keep the Property and the
Improvements free of liens. To the extent that the Easements and improvements on the
Easements are constructed by us, and except for any maintenance made necessary by the use or
negligent misuse of the Easements by you and/or your assigns, independent contractors, agents
and/or invi s, during the Lease Term we will maintain the Easements and all improvements
thereon in good condition and repair, free and clear of any obstructions and other hazards to
persons enlItied to use the Easements.
(c) From time to time it may be necessary for us or you to sign agreements with, or to grant
easements to, public authorities or public utilities In order for us to either (i) obtain the necessary
governmental permits and approvals for the construction, operation and/or maintenance of the
Communications Facility, or (ii) obtain utility service to the Premises in connection with the
installation, construction, operation and/or maintenance of the Communications Facility
Therefore, upon our request, you agree to sign or to authorize us to sign, agreements with any
public authority and/or public utility, and to grant or authcnze us to grant easements to any public
authority and/or public utility, as necessary or appropriate for our use of the Premises for
Installation, construction, operation, and/or maintenance of the Communications Facility.
(d) The term of the Easements and any other interests granted in this paragraph 7 will
coincide with the term of this Lease. We have the right, at our own expense, to relocate the
Easements so long as such relocation will not affect your use of the Property in a materially
adverse manner However, should we find it necessary to relocate any utility wires, cables,
conduits or pipes to locations other than those shown on Exhibit B we will be required to obtain
your approval of the relocations. You agree not to unreasonably withhold or delay your approval,
which you will indicate by Initialing an Exhibit 8 modified to show the relocations You agree to
sign before a notary public and deliver to us within 5 days after our request, all documents,
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agreements or instruments which are reasonably necessary or appropriate to accomplish the
purposes described In this paraqraph 7
a. Communications Facility.
(a) We have the right to construct and Install, at our expense, our Communications Facility on
the Premises. We will construct the Communications Facility according to the specifications that
we determine, which will initially be configured as shown on Exhibit B. Your signature on this
Lease signifies your approval of Exhibit B. If the location of the Premises and Communications
Facility have not been fixed precisely as of the date of this Lease, we will prepare a new exhibit
(Exhibit B-1) fixing the location. Exhibit B-1 will then be substituted for Exhibit B on or before the
Operational Phase Commencement Date. Your signature on Exhibit B-1 will signify your approval
of the precise location of the Premises and Communications Facility. We may change the
Communications Facility at any time and for any reason whatsoever if we obtain all necessary
governmental approvals. We will keep the Property free from mechanics' liens arising out of our
construction. We will perform our construction and installation in compliance with all applicable
laws. The Communications Facility (including the, monopole, antennae array, communications
equipment and support equipment, including the support equipment located on the Easements)
will at all times be our sole property.
(b) You waive any right or Interest which you may have, now or in the future, to or In the
Communications Facility and any of our furniture, fixtures, equipment and other property used or
to be used in connection with the Communications Facility regardless of the law of fixtures and/or
the manner In which these Items are attached to or placed on the Premises. Accordingly, you
agree not to grant or create any security interest or lien In all or any part of the Communications
Facility and/or any of our furniture, fixtures, equipment and other property used or to be used in
connection with the Communications Facility. You agree to sign before a notary public and deliver
to us, within 10 days after our request, all Instruments and documents that we reasonably request,
in order for us to accomplish the purposes described In this paragraph 8(b).
9. Use. We may use the Premises for constructing, maintaining, repairing and operating the
Communications Facility, and for any other uses which are incidental to those uses. We agree not to
Interfere with radio or other equipment which you or any other user may have In the Property when the
Communications Facility was installed.
10. Cooperation. You agree to fully cooperate with us by signing and joining In applications for
governmental permits or approvals covering our use, construction or occupation of the Premises. We will
reimburse you for all reasonable expenses resulting from your cooperation.
11. Indemnity. Subject to the waiver of subrogation described in paragraph 18:
(a) We will indemnify, defend (with counsel selected by you) and hold you harmless from any
claim, demand or cause of action which arises from (i) our negligence or willful misconduct In the
construction, installation, operation, or maintenance of the Communications Facility and which Is
not attributable, In whole, to you or your assigns, tenants, agents, employees, customers, invitees
or contractors, and/or (ii) our breach of any representation or warranty made by us in this Lease.
(b) Yod agree to Indemnify, defend (with counsel selected by you, subject to our approval,
which will not be unreasonably withheld ) and hold us harmless from any claim, demand or cause
of action which arises from your breach of any representation or warranty made by you In this
Lease.
(c) If more than one indemnity provision stated In this lease would apply to a Particular
situation, the provision providing the greatest benefit to the party being Indemnified will apply
12. Quiet Enjoyment and Non -Interference.
(a) You agree, represent and warrant that if we comply with all of the material provisions of
this Lease applicable to us, we will have quiet possession and enjoyment of the Premises in
accordance with this Lease.
(b) You agree not to cause any unreasonable interference with the construction, Installation,
maintenance or operation of the Communications Facility (called collectively, "Interference")
Some examples of Interference include: (I) any delay in the delivery of the Premises to us beyond
the Term Start Date; (ii) any Interference with the proper and optimum placement and operation of
the Communications Facility, Including, for example, any interruption of services to the Premises,
(Ili) constructing or permitting, approving, causing or otherwise allowing to be constructed either
on the Property or on Your Adjacent Property any improvements, buildings, structures or other
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facilities that would unreasonably interfere with our use of the Premises, and (Iv) the construction
or installation of any Improvement, budding, structure, facility or other barrier or physical condition
on the Property which would unreasonably Interfere with or Impede our use of the Premises In
accordance with this Lease We may consent or withhold our consent to any Interference for any
reason, in our sole discretion. We also may give our consent to an Interference subject to your
complying with conditions which we may specify in our sole discretion, including, for example,
your agreement to relocate, at your sole expense, the Communications Facility (or the portion of
the Communications Facility necessary to eliminate the Interference) to a location reasonably
satisfactory to us. In no event shall you be liable for any consequential damages (including, for
example, economic loss).
(c) If an Interference occurs, you agree, at your cost, to immediately correct and eliminate the
Interference. This may Involve taking legal action that we may require, or reimbursing us for our
costs to correct the Interference, including, for example, reasonable attorneys fees and costs. If
any material Interference occurs and remains uncured for 30 days after you receive notice of such
Interference, we may terminate this Lease effective upon our giving you notice of termination.
13. Utilities and Taxes. We will pay for all utilities that we use In the Premises. The parties will
reasonably cooperate to provide a separate metering of the utilities which we use. We recognize and
understand that this Lease may create a possessory interest subject to taxes levied upon such Interest.
We will pay all personal property taxes due on our easement located on the Premises.
14. Removal of our Property. Within 60 days following the expiration or other termination of this
Lease, we will remove those Items of personal property, equipment, trade fixtures and improvements that
are designated as required to be removed by us on Exhibit B. as well as any other personal property,
equipment, trade fixtures, and improvements that we choose to remove. Upon the expiration of the 60 -day
period, we will have no rights, obligations or liabilities with respect to any personal property, equipment,
trade fixtures and improvements remaining on the Property. Without affecting any other provision of this
Lease, the Insurance and indemnification provisions of this Lease will continue in effect until we have
completed removing our property or the 60 -day period has passed, whichever occurs first.
15. Title Matters.
(a) Tide. You represent and warrant to us that: (i) you have full authority to enter Into this
Lease and to grant the Easements; (it) you have fee title to the Property and the only matters
affecting your title are those shown on Exhibit C. and (iii) you have provided us with copies of all
agreements and documents affecting our use of the Premises or this Lease.
(b) Memorandum of Lease. Intentionally Omitted. .
is. Maintenance and Repairs. You agree to promptly maintain and repair the Property (including
any necessary replacements) at your expense, in good condition, and in compliance with all applicable
laws. Your responsibilities under this paragraph 16 Include, for example, the landscaping, the parking
area, and all structures on the Property. If we notify you of any violation of your maintenance and repair
obligations described in this paragraph 16 and the violation presents a hazard or an emergency, you must
correct the violation immediately; otherwise you must begin correcting the violation within 10 days after we
notify you. Your oftation to maintain and repair the Property described in this paragraph 16, however, is
not contingent uporryour receiving a notice from us.
17. Assignment and Encumbrance.
(a) We may, without your consent and in our sole discretion, from time to time, do any of the
following:
(i) grant to any bona fide lender or equipment lessor a security interest (including,
for example, a security Interest of first lien priority) in some or all of the Communications
Facility and/or any of our furniture, fixtures, equipment and/or other property used or to be
used in connection with the Communications Facility;
(il) assign or pledge our Interest In this Lease and the Premises, including the
Easements, to any person or entity to finance our equipment or operate our business; and
(iii) assign this Lease: (A) to any entity which has, directly or indirectly, a 30% or
greater Interest in us (a "Parent') or In which we or a Parent has a 30% or greater interest
(an "Affiliate"); (B) to any entity with which we and/or any Affiliate may merge or
consolidate; (C) to a buyer of substantially all of the outstanding ownership units or assets
of us or any Affiliate; or (D) if we transfer our Federal Communications Commission
cellular license, to the recipient of that transfer.
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You agree to sign before a notary public and deliver to us, within 5 days from our request, ail
instruments and documents that we reasonably request, in order for us to accomplish the purposes
described In this paragraph 17(a). We may record against our interest In the Premises any Instruments or
documents that may be required with respect to any assignment or pledge described In paraqraphs
17(a)(0 or 0i).
(b) Except as allowed in paragraph 17(a) above, we may not assign this Lease or sublet the
Premises or any part of the Premises, without first receiving your consent which consent may be
granted or withheld in your sole discretion.
(c) Any assignment of this Lease described in Paraqraph 17(a)(iii) will not be effective until
the person or entity to whom we are assigning this Lease signs and delivers to you a document In
which they assume responsibility for all of our obligations under this Lease. However, even If we
assign or pledge this Lease, we will remain primarily liable for the performance of all obligations
allocated to us as tenant in this Lease, unless you specifically release us in writing.
18. Insurance.
(a) Liability Insurance. Each party agrees to maintain, at its own expense, insurance against
public liability for injury to persons (including death) or damage to property occurring within, upon
or about the Property. Each insurance policy will be a combined single limit policy In an amount
not less than $1,000,000 per occurrence. We will name you as an additional insured under our
policy and our policy will contain a cross -liability endorsement. The insurance may be in the form
of general coverage or floating policies covering these and other premises.
(b) Insurance Policies. The insurance policies required in paragraph 18(a) must be Issued by
companies holding a "General Policyholder's Rating" of at least B+ as listed in the most current
issue of "Best's Insurance Guide." When (or before) the parties sign this Lease, we will deliver to
you a copy of our required insurance policy, or certificate of insurance showing that our required
policy is in effect. Neither party may cancel or reduce the coverage of the required insurance
policies unless the other party is given 30 days prior written notice of the cancellation or reduction.
(c) Waiver of Subrooation. Each party waives any rights of recovery for loss or damage
against the other party, including the officers, directors, partners, employees, agents and
representatives of the other party, to the extent that such loss or damage is insured against under
any valid and collectible insurance (except Workers' Compensation Insurance) in force at the time
of such loss or damage, and to the extent the loss or damage is required to be insured against by
paragraph 18(a) of this Lease. All policies of insurance obtained by either you or us to comply with
Paraqraph 18(a) must include a clause or endorsement waiving the insurer's rights of subrogation
against the other party.
19. Damage or Destruction. If all or any part of the Communications Facility or the Premises is
damaged or destroyed by any cause, then:
(a) Either party may terminate this Lease if: (i) in the event that damage or destruction has
caused thremises to become unsuitable or uneconomic for use by either party, and (ii) either
party notifie# the other party of the Lease termination within 30 days after the date of damage or
destruction.
(b) If we do not choose to terminate this Lease and you have not given notice of termination,
then we may restore at our own expense any Improvements made by us.
(c) if we choose to restore our Improvements, then we may use (but we are not obligated to
use) an alternative portion or portions of the Property for temporary facilities, if such space Is
available. The alternative site will be selected by us, subject to your approval. You will not
unreasonably withhold your approval, and you must respond to our request for an alternative site
within 30days after receiving our written request.
(d) Our rent will be reduced during the period of time from the date of damage or destruction
until our restoration Is completed, based on the extent to which the damage or destruction causes
the Premises and/or the Communications Facility to be unusable and/or inaccessible, and taking
Into account any temporary facilities we may be occupying.
20. Eminent Domain. If all or any part of the Premises Is taken by eminent domain or condemnation
or sold under threat of eminent domain or condemnation (all of which are called "Condemnation"):
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(a) We may terminate this Lease by giving you written notice of termination within 30 days
after we receive written notice of the Condemnation from you, effective on the date specified In
our notice.
(b) If we do not choose to terminate, this Lease will continue but our rent will be reduced by
an amount which reflects rental value of the portion of the Premises taken, compared to the total
rental value of the Premises immediately before the Condemnation.
(c) Regardless of whether this Lease Is terminated, we will be entitled to receive just
compensation from the condemning authority or purchaser for our loss of all or any portion of the
Premises, this Lease and/or the Communications Facility or any use of the Premises, this Lease
and/or the Communications Facility. Some examples of the types of compensation we will be
entitled to receive include the value of any personal property and/or trade fixtures taken, the cost
of removing and relocating the Communications Facility or any portion of the Communications
Facility, any loss of business or goodwill; provided, however, that we shall not be entitled to any
"bonus value" of this Lease, which is defined as the excess of the fair market value of the
Premises over the present value of the rent payable for the remainder of the term of this Lease.
21. Our Default.
A "Tenant Default' will occur if. (i) we do not make any payment of Rent within 15 days after we
receive a notice from you of our failure to pay Rent; or (ii) we do not perform any of our obligations in this
Lease other than the payment of Rent within 30 days after we receive a notice from you of our failure to
perform or, if the required performance is of such a character as to require more than 30 days to
complete, we do not start the required performance within the 30 -day period and thereafter use
reasonable diligence in completing the required performance. The notice requirements in this paragraph
21 (a) are intended to apply in lieu of the notice requirements of the California unlawful detainer statutes
22. Your Default.
(a) A "Landlord Default" will occur If you do not perform any of your obligations in this Lease
within the time period specified in this Lease, or if no time period is specified, within 30 days after
we give you notice of your failure to perform or, if the required performance is of such a character
as to require more than 30 days to complete, you do not start the required performance within the
30 -day period and thereafter use reasonable diligence in completing the required performance.
(b) If a Landlord Default occurs, we shall have no right to terminate this Lease or to offset
against rent; our remedies shall be limited to damages and/or an injunction.
23. Non -Disturbance; Attomment; Subordination. On the Term Start Date, you agree to use your
best efforts to obtain and provide to us a non -disturbance and attornment agreement in the form of Exhibit
E or otherwise reasonably acceptable to us (a "Non -Disturbance and Attomment Agreement") from
each ground lessor, mortgagor, or beneficiary of any deed of trust affecting the Property (each, a
"Lienholder) as of the date of this Lease. At your request, we will subordinate our interest in this Lease to
any future Lienholder by signing a Non -Disturbance and Adornment Agreement only if the future
Lienholder signs I Non -Disturbance and Adornment Agreement at the same time
24. Environmdntal Matters.
(a) Your Warranties and Representations. You represent and warrant, to the best of your
knowledge, except as set forth below.
None
(If None, write the word "None")
that (i) there have been no leaks, spills, releases, discharges, emissions, Installation, or disposal
of hazardous or toxic wastes, materials or substances (as such substances are regulated or may be
regulated by any applicable local, state or federal laws or regulations) ("Hazardous Substances"),
occurring on or affecting the Property or any improvements located on the Property, and (ii) any soil,
ground water, or improvements, on, in, under or about the Property are free of any Hazardous
Substances. As used in this Lease, the term "Hazardous Substances" does not Include small quantities
of household or office supply materials kept in commercial containers and used in the ordinary course of
business.
(b) Mutual Indemnification
Initials,
t
,
GROUND LEASE
Tenant
i,VW_ DAIAAlrM 1T 20
(1) Except to the extent that any Hazardous Substances are brought onto the
Property as a result of our conduct (including without limitation the conduct of our
employees, agents, contractors and invitees), you agree to indemnify, defend (with
counsel selected by us) and hold us harmless from any claims, judgments, damages,
penalties, fines, costs, liabilities (including, for example, sums paid in settlement of claims)
and/or losses, including, for example, attorneys' fees, consultants' fees, and experts' fees,
which arise from or in connection with the presence or suspected presence of Hazardous
Substances on, in, under or about the Property ("Claims").
(ii) We will indemnify, defend (with counsel selected by you, subject to our approval,
which will not be unreasonably withheld) and hold you harmless from any and all Claims
arising from the presence of Hazardous Substances on, in, under or about the Property
caused as a result of our conduct (including without limitation on the conduct of our
employees, agents, contractors and invitees).
(iii) Without limiting the generality of the foregoing, this Indemnification obligation of
the parties will specifically cover costs incurred in connection with any investigation of site
conditions or any cleanup, remedial, removal, or restoration work required by any federal,
state or local government agency or political subdivision, or by any third party resulting
from the presence or the suspected presence of Hazardous Substances in, on, under or
about the Property.. The parties obligations described in this paragraph 24 will continue
and not be terminated by the expiration or other termination of this Lease.
(c) Presence of Hazardous Substances.
(1) You agree to immediately notify us of the presence of or the release of a
Hazardous Substance on, In, under or about the Property.
(ii) We agree to immediately notify you of the presence of or the release of a
Hazardous Substance on or in the Premises.
(Ili) If you enter the Premises in connection with the presence or remediation of
Hazardous Substances, whether or not you have provided us with prior written notice of
such entry and regardless of any other provision of this Lease, you must immediately
notify us of the entry and the purpose of and actions taken by you in connection with the
entry.
(Iv) Due to the sensitive nature of the equipment we maintain at the Premises, 1f
Hazardous Substances are present on, in, under or about the Property not as a result of
our conduct (including without limitation the conduct of our employees, agents,
contractors and invitees), and the presence of Hazardous Substances adversely affects
the operation of our equipment, then we will have the same rights as if the Property were
totally damaged or destroyed as provided in paraoraph 19 above.
25. Estoppel Cartiflcate. Within 20 days after a written request by either party from time to time, the
other party will sig before a notary public and deliver to the requesting party a written statement
certifying:
(a) that this Lease and any Non -Disturbance and Attomment Agreement have not been
modified and are in full force and effect, except as described in the statement;
(b) that the requesting party is not In default under this Lease, except as described In the
statement;
(c) the Rent then payable under this Lease;
(d) the dates to which any Rent has been paid in advance; and
(e) any other statements- relating to delivery and acceptance of the Premises as the
requesting party's lender, Purchaser, assignee or sublessee may reasonably require.
The statement must be accurate, will be binding on the party providing the statement, and may be
relied upon by the requesting party and the requesting party's lender, purchaser, assignee or sublessee
who required the statement.
26. Obligations and Rights Run with the Land. Subject to the provisions of Paragraph 17, the
Easements and each of the other obligations, rights, restrictions, liens and charges set forth in this Lease,
run with each party's estate in the Property, respectively, and will bind and will benefit, as appropriate, the
Initials` i
d'or�
GROUND LEASE
/_4en., t
,WP_DATAV1C*51TM0b2 DDC
• v WWI `
respective successors (by operation of law or otherwise), assigns, tenants, invitees and agents of the
parties and other lawful occupants of each party's estate In the Property
27. Your Agreement to Provide Notice. You agree to send us a copy of any notice you receive
regarding our use and enjoyment of the Premises within 5 business days after you receive the notice.
Examples of notices regarding our use and enjoyment of the Premises Include notices from any
governmental authority, lender, Igen claimant or any other person or entity claiming an interest In or right to
the Premises.
28. Time of Essence. Time is of the essence and every obligation in this Lease must be performed
strictly in accordance with the time deadlines stated.
29. Covenants and Conditions. All provisions In this Lease will be interpreted as both covenants
and conditions.
30. Consent of Parties. Unless this Lease specifies that a particular consent or approval may be
given or withheld by a party in the "sole discretion" of that party or 'for any reason whatsoever,"
whenever the consent or approval of either party is required, that party will not unreasonably withhold or
delay that consent or approval. In addition, unless this Lease specifies a particular deadline for a party's
consent or approval, that party must respond within 15 days after the request for approval or consent was
given. A party's failure to make a timely response to a request for approval or consent will be interpreted
as a denial of consent or approval. All approvals and consents required in this Lease must be in writing.
31. Controlling Law. This Lease will be interpreted and enforced according to the laws of the State
of California and according to Its fair meaning, and not in favor of or against either party.
32. Rights and Benefits. Subject to the provisions of Paragraph 17, all of the parties rights and
obligations in this Lease will bind and will benefit, as appropriate, the parties as well as their respective
heirs, successors and assigns.
33. Joint and Several Liability. If you, as the landlord, consist of more than one person or entity,
then your obligations in this Lease will be joint and several.
34. Severabiiity. The Invalidity or unenforceability of any part of this Lease will not affect the
remainder of this Lease.
35. Attorneys' Fees. If either party begins an action to enforce any of its rights or remedies under
this Lease or any Non -Disturbance and Attomment Agreement signed in connection with this Lease, the
prevailing party in the action will be entitled to recover from the other party all costs reasonably incurred by
the prevailing party in the action, including, for example, reasonable attorneys' fees.
36. Additional Agreements. Each party will promptly sign or cause to be signed before a notary
public, and deliver to the other party, all instruments or documents, and take all actions, as may
reasonably be requested by the other party to carry out the intent or purpose of this Lease.
37. Entry on Promises. You agree that our use of the Premises includes proprietary trade secrets.
Accordingly, exceR in the event of an emergency, you may not enter the Premises, including for the
purpose of maintellirtnce or repairs, without our prior written consent, which will not be unreasonably
withheld or delayed. In the event of an emergency you will give such notice, either before or after the
entry, as is reasonable under the circumstances. We will have access to the Premises 24 hours a day,
365 days a year.
38. No Waiver. If either party waives a particular provision of this Lease, that waiver will not be
Interpreted as a waiver of that same provision at a later time, or of any other provision of this Lease.
39. Notices. Any notice, request, information or other document to be given in accordance with this
Lease must be in writing and must be delivered in person or sent by prepaid messenger, delivery service,
or certified U.S. mail. Any writing delivered in person will be considered given on the day the writing is
received by the intended recipient. Any notice sent by messenger or delivery service will be considered
given on the date the messenger or delivery service guarantees delivery. Any notice sent by certified U.S.
mail will be considered given on the date of delivery shown on the receipt card, or if no delivery date is
shown, on the date of the postmark on the receipt card. All writings are to be given at the addresses
indicated below:
To us: Los Angeles Cellular Telephone Company
P.O. Box 6028
Cerritos, California 90702-6028
initials:
dtord
GROUND LEASE
Tenant
.vW_OATAA1CKS1TM06Z DOC
Attention Real Estate Department
With a copy to: Los Angeles Cellular Telephone Company
Center Court Drive North
Cerritos, California 90703-8575
Attention. Erich E. Everbach,
Vice President and General Counsel
To you: City of Diamond Bar
Attention: Terrence Belanger, City Manager
21660 Copley Drive, Suite 100
Diamond Bar, CA 91765
With a copy to: Richards, Watson 8; Gershon
A Professional Corporation
333 South Hope Street, 38'" Floor
Los Angeles, California 90071
Attention: Michael Jenkins
Diamond Bar City Attorney
A party may change its address by giving written notice to the other party as described in this
paragraph 39.
40. Operational Phase Termination. In addition to any other right or event of termination in this
Lease, we may terminate this Lease at any time during the Operational Phase if we: (a) give you 30 days
prior written notice; and (b) together with the notice, pay you an amount equal to 6 months rent at the
Operational Phase Rental Rate. However, if we terminate this Lease according to any other provision of
this Lease, the notice and payment requirements of this paragraoh 40 will not apply.
41. Headings. All paragraph headings are for convenience only and do not affect the interpretation of
this Lease
42. Nonexclusivity. This Lease sometimes uses the terms 'Including, for example" and "some
examples include" followed by a list of items, in order to illustrate a concept or agreement These terms
indicate that any list which follows them is not an exclusive list, and therefore the concept or agreement
illustrated by the list would also include any additional item that applies to the concept or agreement but is
not specified in the list.
43. Entire Agreement. This Lease, including all exhibits to this Lease and all other documents
mentioned in this Lease as part of the agreement between you and us (including, for example, the
Memorandum of Lease and any Non -Disturbance and Attornment Agreement), constitutes the entire and
exclusive agreement between you and us regarding the Premises, including the Easements, and takes the
place of and cancels all prior or contemporaneous oral agreements, understandings and/or discussions
regarding the leasing of the Premises, including the Easements. Any amendment or revocation of this
Lease, including thexhibits and documents referenced in this paragraph 43, must be in writing and
signed by both pardh before it will be effective.
40•
44. Your Authority to Sign this Lease. You agree, when you sign this Lease (and at any other times
at our request), to deliver to us at your own expense any assurance that we may reasonably request
authorizing and approving the signing of this Lease, including, for example, any applicable resolutions,
certificates, approvals, letters of conservatorship, and court orders.
45. Exhibits. The following exhibits to this Lease are made a part of this Lease as if they were
included in the main body of this Lease:
Exhibit A Legal Description of the Property
Exhibit B Plot Plan (Diagram of the Property and the Premises,
including the Easements)
Exhibit C Permitted Title Exceptions
46. Non -waiver of Governmental Powers. Neither your execution of this Lease nor any consent or
approval given by you hereunder in you capacity as landlord shall waive, abridge, impair or otherwise
affect your powers and duties as a governmental body. Any requirements under this Lease that we obtain
your consent or approval are in addition to and not in lieu of any requirements of law that we obtain
approvals or permits.
Initials: I
dlord
GROUND LEASE �/
Tenant
i w:v_wr�w�uc�siruw-x ooc
10
THE PARTIES HAVE READ THIS LEASE CAREFULLY (INCLUDING EACH OF THE EXHIBITS)
AND, BY SIGNING THIS LEASE, DEMONSTRATE THEIR INFORMED AGREEMENT AND CONSENT
TO EVERY PART OF THIS LEASE (INCLUDING THE EXHIBITS). THE PARTIES AGREE THAT, AT
THE TIME THIS LEASE IS SIGNED, THE TERMS OF THIS LEASE ARE COMMERCIALLY
REASONABLE AND REFLECT THE PARTIES INTENT AND PURPOSE WITH RESPECT TO THE
PREMISES.
IN WITNESS WHEREOF, the parties have signed this Lease as of the date written at the
beginning of this Lease.
LANDLORD: TENANT:
CITY OF DIAMOND BAR, LOS ANGELES LLULAR LEP ONE COMPANY,
a municipal corporation a California geraal/l p//a//rtnershi
By: B
Name. Name: Laren Whiddon
Title: Title: Chief Financial Officer
By:
Name:
Title:
Indials:
ndlo
GROUND LEASE
Tenant
I WTAYiCG ITMO&2wc
11
AMENDMENT TO
GROUND LEASE
THIS AMENDMENT TO GROUND LEASE is dated September 18, 1997 and is between CITY OF
DIAMOND BAR, a municipal corporation (herein Landlord), and LOS ANGELES CELLULAR TELEPHONE
COMPANY, a California general partnership (herein Tenant).
WITNESSETH:
WHEREAS, effective as of August 8, 1997, Landlord and Tenant entered into a Ground Lease whereby
Landlord leased to Tenant certain Premises therein described, located at Carlton Peterson Park, 24142 Sylvan
Glen Rd., City of Diamond Bar, California (the "Lease"); and
deposit.
WHEREAS, Landlord and Tenant desire to amend the Lease to provide for a repair and maintenance
NOW, THEREFORE, the parties hereto agree as follows:
The following paragraph 6 is added to the Lease:
"6. Repair and Maintenance Deposit. Concurrently with our execution and delivery of this
Amendment to Ground Lease, we have deposited with you the sum of $5,000.00 as a repair and
maintenance deposit You may use this deposit for the sole purpose of repairing and maintaining
the access easement areas as shown on Exhibit B when repairs and maintenance are required as
the result of our use of the access easement areas. If you use or apply any portion of the repair
and maintenance deposit for the stated purpose, we shall, within 10 business days after written
notice from you, deposit additional funds with you to restore the deposit to its original amount.
Our failure to do so shall be a default under this Lease. You shall not be required to keep the
repair and maintenance deposit separate from your general funds, and we shall not be entitled to
interest on the deposit. The repair and maintenance deposit or any balance thereof shall be
returned to us within 60 days following expiration or earlier termination of this Lease. In the event
of termination of your interest in this Lease, you shall transfer the deposit to your successor in
interest."
2. All capitalized terms used herein shall have the same meanings as defined in the Lease.
3. All other terms, conditions and provisions contained in the Lease, except as herein modified, shall
remain in full force and effect for the -full term of the Lease, or any extensions thereof.
IN WITNESS WHEREOF, the parties have executed this Amendment effective as of the date first written
above.
LANDLORD: TENANT:
CITY OF DIAMOND BAR, LOS ANGEL S CELLULAR TELEPHONE COMPANY,
a municipal corporation a California neral partners ip
By: By: Zl v f ! I
Name: Name: Laren Whiddon
Title: Title: Chief Financial Officer
By:
Name:
Title:
1WP_DATA\R1r K1R039AMD DOC
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
LOT 8 OF TRACT 43756, AS SHOWN ON MAP RECORDED IN BOOK 1076 PAGES 61 TO 63 INCLUSIVE
OF ABOVE MENTIONED MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXHIBIT A
ri s
--- rS
PAGE 1 OF 6
EXHIBIT B-1
PL
PLS
VICINITY MAP
Thomas Guide Map Book Page 640, D6
CELL SITE #19039
PETERSON PARK
DATE: 8-11-97
C.R. CARNEY
Architects, Inc.
LANDLORD
CELLULAR
LEN AD
DIAMOND BAR,4CALFORNI INITIALS
TENANT
REV.
DATE
DESCRIPTION
BY
1
5-23-97
PER L.A.C. (PINKLINE CORR.)
T.R.
2
6-16-97
PER L.A.C. (PINKLINE CORR.)
J.T.
3
7-14-97
PER L.A.C. (CHANGED SITE LOCATION)
T.R.
4
7-28-97
PER L.A.C. (CHANGED EQUIP./PAD SIZE)
T.R
5
8-27-97
PER CITY (REV. EASEMENT/EQUIP. LOCATION)
T.R.
6
9-3-97
PER L.A.0 (CHANGED GATE)
T.R.
7
10-2-97
CITY MANAGER'S CORRECTIONS DATED 9-29-97
J.T.
8
10-10-97
PER L.A.C.; ELIMINATED CONCRETE PATH WIDENING
J.T.
9
10-20-97
PER CITY. ADD ADA COMPLIANCE NOTE
J.T.
DATE: 8-11-97
C.R. CARNEY
Architects, Inc.
Project Data:
SCOPE OF WORK:
INSTALLATION OF A 90% X 38'W X 72'H AND A 72% X 38'W X 72'H EQUIPMENT
CABINETS MOUNTED ON A 13' X 10' CONCRETE PAD. (2) 1'W X 8'H ANTENNAS WILL
BE MOUNTED 066' AFS RAD. CTR. TO AN DOSTING 80' HIGH LIGHT STANDARD
COORDINATES + PARCEL AREA
LATITUDE 34'01'42' N 716,905 SO. FT. - 16.458 ACRES
LONGITUDE 117'47'39" W PROJECT AREA:
PER SAN DMAS QUADRANGLE MAP 453.3 SO. FT. - .010 ACRES
1927 N.A.D. PERCENT OF PARCEL: .06
API: LOS ANGELES COUNTY
8704-056-902. & 902 GRADING: NONE PROPOSED
ZONING". OPEN SPACE
LAND USES: TRAFFIC: UNAFFECTED
ON-SITE PUBLIC RECREATION SIGNAGE NONE PROPOSED
NORTH. RESIDENTIAL PARKING: UNAFFECTED
SOUTH: POMONA FWY (60)
EAST: RESIDENTIAL CABLE RUNS:-
WEST-
UNS:WEST: RESIDENTIAL SECTOR A: +/- 80 UN. FT.
DATE OF SURVEY: MAY 12, 1997 SECTOR B: +/- 80 UN. FT.
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS.
LOT 8 OF TRACT 43756, AS SHOWN ON MAP RECORDED IN BOOK 1076, PAGES
61 TO 53 INCLUSIVE OF ABOVE MENTIONED MAPS, IN THE OFFICE OF THE
COUNTY RECORDS OF SAID COUNTY.
EASEMENT NOTES
EASEMENTS SHOWN HEREON ARE ARE BASED UPON FIRST AMERICAN TITLE COMPANY
OF LOS ANGELES PRELIMINARY TITLE REPORT NO. 9712067-50. DATED MAY 16, 1997
2. AN UNLOCATED EASEMENT FOR WATER PIPE LINES AND DITCH PURPOSES RECORDED
OCTOBER 20, 1894, IN BOOK 939 PAGE 170 OF DEEDS, AND SERIES NO. 3; APRIL 3,
1895, IN BOOK 1004 PAGE 90 OF DEEDS AND SERIES NO. 45• APRIL 25. 1913, IN
BOOK 5729 PAGE 44 OF DEEDS AND SERIES 34 AND FEBRUARY 18 1914, IN BOOK
5683. PACE 239 OF DEEDS AND SERIES 109. (NOT PLOWABLE AS 1560 08)
3. THE EFFECT OF A RECORD OF SURVEY, FILED AUGUST 1 1958 AS INSTRUMENT
NO. 4349, IN BOOK 76 PAGES 51 TO 56 INCLUSIVE OF RECORDS OF SURVEY, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. (DOES NOT AFFECT PROPERTY)
4. A DRAINAGE RELEASE EXECUTED BY TRANSAMERICA DEVELOPMENT COMPANY AS
OWNER OF THE REAL PROPERTY ADJACENT TO THE EASTERLY LINES OF TRACT 27533,
WHEREIN SAID OWINER AGREES TO ACCEPT LAND, TAKE CARE OF THE DRAINAGE
WATERS BEING DISCHARGED FROM SLOPE BANKS AND DRAINAGE SYSTEMS, AS
CONSTRUCTED PER THE SHEET. STORM DRAIN AND GRADING PLANS FOR SAID TRACT
27533, RECORDED APRIL 27, 1965 AS INSTRUMENT N0. 335S2222,, IN BOOK M-1844
PAGE 598, OFFICIAL RECORDS (DOES NOT AFFECT PROPOEERY)
O THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE ANY RIGHTS OF
CCESS, SAID RIGHTS HAVING BEEN RELINQUISHED, CONDEMNED OR RESERVED IN A
DOCUMENT RECORDED UNE 17, 1966 AS INSIUMENT NO. 615 IN BOCK 0-3338 PACE
605. OFFICIAL RECORDS.
6. THE AGREEMENT AND RE"w"'ON IN THE DEED FROM WESTMORE DEVELOPMENT
AR
COMPANY, TO THE DIAMOND BDEVELOPMENT COMPANY, RECORDED JULY 2, 1969
AS INSTRUMENT NO. 610, FUTURE DEDICATION OF A PORTION OF SAID
LAND FOR STREET PURPODS (ODES NOT AFFECT PROPERTY)
FUTURE AGREEMENT URP06, & TAINTED N T�D� FROM THEE DIAM00 D FOR
ARR
DEVELOPMENT CORPORATION. A CALIFORNIA CORPORATION. TO WESTMOR DEVELOPMENT
COMPANBOOK 0-4423 A OFFCI�t�S.21960 AS (DOES NOTINAF'FFEECTEPROPOERI� IN
®AN EASEMENT GRANTED TO GENERAL TELEPHONE COMPANY OF CAIFORNIA FOR
UNDERGROUND CONOLIT PURPOSES RECORDED MAY 23, 1975 AS INSTRUMENT NO.
3533. OFFICIAL RECORDS
9. AN EASEMENT GRANTED TO GENERAL TELEPHONE COMPANY OF CALIFORNIA FOR
UTILITY PUWOSES RECORDED MAY 23, 1975 AS INSTRUMENT NO. 3556, OFFICIAL
RECORDS DOES NOT AFFECT PROPERTY)
(g AN EASEMENT GRANTED TO THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
FOR STORM DRAINAGE AND SANITARY SEWER PURPOSES.
TITLE REPORT IDENTIFICATION:
FIRST AMERICAN TITLE COMPANY OF LOS ANGELES PRELIMINARY TITLE REPORT
NO. 9712067-50. DATED MAY 16, 1997.
BENCH MARK ELEV-770.645 FEET (ADJ. 1995)
LOS ANGELES COUNTY B.M. /G 2127 ROOM TAG IN W 08 DIAMOND BAR BLVD 60OMM
S/0 BCR 12.21A W/O CA & 21M S/O CA GOLDEN SPRINGS DR.
BASIS OF BEARINGS
THE CENTERLINE OF SYLVAN GLEN ROAD BEING N 82 22'50" E PER TRf 43756
BK. 1076 POS 61-63. RECORDS OF LOS ANGELES COUNTY.
CELL SITE #R039
PETERSON PARK
CELLULAR 24142 E SYLVAN -GLEN ROAD
DIAMOND BAR, CALIFORNIA
PAGE 2 OF 6
EXHIBIT B-1
Project Team:
APPLICANT:
L.A. CELLULAR
17785 CENTER COURT DRIVE NORTH
CERRITOS, CA 90703
ZONING: LESLIE DAIGLE (562) 468-6132
CONSTRUCTION: GEORGE SALAS S (62) 468-6119
REAL ESTATE: RICK DANELL 562 468-6129
ZONING REPRESENTATIVE:
J.L. HARE & ASSOC.
CONTACT: HOLLY SANDLER
PHONE: (714) 669-9194
FAX: (714) 669-9197
OWNER:
CITY OF DIAMOND BAR
CONTACT: JAMES DeSTEFANO,
DEPUTY CITY MANAGER
PHONE. (909) 396-5690
ARCHITECT-
C.R. CARNEY ARCHITECTS
2080 N. TUSTIN AVE. STE. B
SANTA ANA. CA. 92705
CONTACT: JASON TODD
PHONE: (714) 542-7500
SURVEYOR:
M. PETYO & ASSOC.
17982 SKY PARK CIRCLE, STE.
IRVINE, CA. 92714
CONTACT: MICHAEL PETYO
PHONE: (714) 250-0272
UTILITIES:
EDISON CO.
800 W. CIENEGA AVE.
SAN DIMAS, CA. 91773
CONTACT: STEVE NALL
PHONE: (909) 592-3719
LANDLORD
INITIALS TENANT
DATE: 8-11-97
REV. DATE DESCRIPTION BY C.R. CARNEY
9 10-20-97 PER CITY, ADD ADA COMPLIANCE NOTE J.T. Architects, Inc.
NOTE: REVISED HISTORY SEE PAGE I OF 6
'97 OCT 27 ; 9
' 40
h
h
7
IS
7.
K
A annr • 7°49W
PAGE 3 OF 6
EXHIBIT B-1
! i
.wenr 1
h 3AINQ SONIyat 83070
i
LANDLORD
INITIALS TENANT
BY
J.T.
DATE: 8-11-97
C,R, CARNEY
Architects, Inc.
CELL SITE #R039
PETERSON PARK
A
CELLULAR
24142 E SYLVAN—GLEN ROAD
DIAMOND BAR, CALIFORNIA
REV. DATE
DESCRIPTION
9 10-20-97
PER CITY, ADD ADA COMPLIANCE NOTE
NOTE: REVISED HISTORY SEE PAGE 1 OF 6
LANDLORD
INITIALS TENANT
BY
J.T.
DATE: 8-11-97
C,R, CARNEY
Architects, Inc.
�4
PAGE 4 OF 6
EXHIBIT B-1
W�
LANDLORD
INITIALS TENANT
BY
J.T.
DATE: 8-11-97
C,R. CARNEY
Architects, inc,
CELL SITE #19039
PETERSON PARK
CELLULAR
24142 E SYLVAN—GLEN ROAD
DIAMOND BAR, CALIFORNIA
REV. DATE
DESCRIPTION
9 10-20-97
PER CITY, ADD ADA COMPLIANCE NOTE
NOTE: REVISED HISTORY SEE PAGE 1 OF 6
W�
LANDLORD
INITIALS TENANT
BY
J.T.
DATE: 8-11-97
C,R. CARNEY
Architects, inc,
PAGE 5 OF 6
EXHIBIT B-1
dAl
♦ dAL
..0 -AL
310d imn 9NUS40 d0 d01
..0 _,IV
CELL SITE #R039
PETERSON PARK
24142 E
CELLULAR DIAMOND BAR,4 CAL FORNI AD
REV. DATE DESCRIPTION
9 10-20-97 PER CITY, ADD ADA COMPLIANCE NOTE
NOTE: REVISED HISTORY SEE PAGE I OF 6
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REV. DATE DESCRIPTION
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NOTE: REVISED HISTORY SEE PAGE I OF 6
DATE: 8-11-97
LANDLORD
INITIALS TENANT
BY C.R. CARNEY
J.T. Architects, Inc.
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EXHIBIT B-1
LANDLORD
INITIALS TENANT
BY
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DATE: 8-11-97
C.R. CARNEY
Architects, Inc.
CELL SITE #R039
PETERSON PARK24142
A
ClELLULAR
E -GLEN AD
IAMOND BAR, CAL FORNI
REV. DATE
DESCRIPTION
9 10-20-97
PER CITY, ADD ADA COMPLIANCE NOTE
NOTE: REVISED HISTORY SEE PAGE 1 OF 6
PAGE 6 OF 6
EXHIBIT B-1
LANDLORD
INITIALS TENANT
BY
J.T.
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DATE: 8-11-97
C.R. CARNEY
Architects, Inc.
FAXEMA
MAY 19, 1997
First American Title Company of Los Angeles
520 North Central Avenue
Glendale, California 91203 (818) 242-5800
L A CELLULAR
17785 CENTER COURT DRIVE NORTH
CERRITOS, CA 90703
ATTENTION: SHARON CARRINGTON
EXHIBIT C
YOUR NO. SITE NO. M08
OUR ORDER NO. 9712067-50
FORM OF POLICY COVERAGE REQUESTED: PRELIM REPORT
IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, THIS
COMPANY HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE
HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE IN THE FORM SPECIFIED ABOVE, DESCRIBING THE
LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH
MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO
AS AN EXCEPTION BELOW OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES,
CONDITIONS AND STIPULATIONS OF SAID POLICY FORM.
THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET
FORTH IN EXHIBIT A ATTACHED. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE
FROM THE OFFICE WHICH ISSUED THIS REPORT.
PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS AND EXCLUSIONS
SET FORTH IN EXHIBIT A OF THIS REPORT CAREFULLY. THE EXCEPTIONS AND EXCLUSIONS ARE MEANT
TO PROVIDE YOU WITH NOTICE OF MATTERS WHICH ARE NOT COVERED UNDER THE TERMS OF THE TITLE
INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED.
IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN REPRESENTATION AS TO
THE CONDITION OF TITLE AND MAY NOT LIST ALL LIENS, DEFECTS, AND ENCUMBRANCES AFFECTING TITLE
TO THE LAND.
THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE
OF FACILITATING THE ISSUANCE OF A POLICY OF -TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY.
IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE,
A BINDER OR COMMITMENT SHOULD BE REQUESTED.
DATED AS OF MAY 16, 1997 AT 7:30 A.M.
NEV IMPERIAL - TITLE OFFICER
EXTENSION 5050
DIRECT FAX (818) 244-8939
9712067-50, NI, ST -May 19 1997
TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
CITY OF DIAMOND BAR, A MUNICIPAL CORPORATION.
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED
BY THIS REPORT IS:
A FEE.
THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS:
(SEE ATTACHED LEGAL DESCRIPTION)
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS
AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS:
GENERAL AND SPECIAL TAXES, A LIEN NOT YET PAYABLE, FOR THE FISCAL YEAR
1997-1998.
1A. AN EXAMINATION OF THE LOS ANGELES COUNTY TAX ASSESSORS RECORDS SHOW NO
TAX AMOUNTS AS OF THE DATE OF THIS REPORT FOR THE
FISCAL YEAR: 1996-1997.
PARCEL NO.: 8704-056-902.
1B. THE LIEN OF SUPPLEMENTAL TAXES AND/OR ADJUSTED TAXES, IF ANY, ASSESSED
PURSUANT TO THE CALIFORNIA REVENUE AND TAXATION CODE.
.1 C. THE REQUIREMENT THAT THIS COMPANY BE FURNISHED ALL TAX BILLS AFFECTING THE
SUBJECT PROPERTY PRIOR TO THE CLOSE OF THIS TRANSACTION.
2. AN UNLOCATED EASEMENT FOR THE PURPOSES SHOWN AND INCIDENTAL PURPOSES AS
PROVIDED IN A DOCUMENT
FOR: WATER PIPE LINES AND DITCHES.
RECORDED: OCTOBER 20, 1894, IN BOOK 959 PAGE 170 OF DEEDS, AND SERIES
NO. 3; APRIL 3, 1895, IN BOOK 1004 PAGE 90 OF DEEDS AND SERIES
NO. 45; APRIL 25, 1913, IN BOOK 5729 PAGE 44 OF DEEDS AND
SERIES 34 AND FEBRUARY 18, 1914, IN BOOK 5683 PAGE 239 OF
DEEDS, AND SERIES 109.
3. THE EFFECT OF A RECORD OF SURVEY, FILED AUGUST 1, 1958 AS INSTRUMENT NO. 4549,
IN BOOK 76 PAGES 51 TO 56 INCLUSIVE OF RECORDS OF SURVEY, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
4. DRAINAGE RELEASE EXECUTED BY TRANSAMERICA DEVELOPMENT COMPANY AS OWNER
OF THE REAL PROPERTY ADJACENT TO THE EASTERLY LINES OF TRACT 27533, WHEREIN
SAID OWNER AGREES TO ACCEPT LAND, TAKE CARE OF THE DRAINAGE WATERS BEING
DISCHARGED FROM SLOPE BANKS AND DRAINAGE SYSTEMS, AS CONSTRUCTED PER THE
SHEET, STORM DRAIN AND GRADING PLANS FOR SAID TRACT 27533, RECORDED APRIL 27,
1965 AS INSTRUMENT NO. 3522, IN BOOK M-1844 PAGE 598, OFFICIAL RECORDS.
EXHIBIT C
d 712067-50, Ni, S' -%lay 19, ' 997
THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE ANY RIGHTS OF
ACCESS, SAID RIGHTS HAVING BEEN RELINQUISHED, CONDEMNED OR RESERVED IN A
DOCUMENT
RECORDED: JUNE 17, 1966 AS INSTRUMENT NO. 615 IN BOOK 0-3338 PAGE 605,
OFFICIAL RECORDS.
FROM: THE FREEWAY ADJACENT TO THE SOUTHERLY LINE OF SAID
PROPERTY.
6. THE AGREEMENT AND RESTRICTION IN THE DEED FROM WESTMORE DEVELOPMENT
COMPANY, TO THE DIAMOND BAR DEVELOPMENT COMPANY, RECORDED JULY 2, 1969 AS
INSTRUMENT NO. 680, REGARDING FUTURE DEDICATION OF A PORTION OF SAID LAND FOR
STREET PURPOSES.
7. AGREEMENT TO DEDICATE THE NORTHEASTERLY 55 FEET OF SAID LAND FOR FUTURE
STREETS PURPOSES, AS CONTAINED IN THE DEED FROM THE DIAMOND BAR
DEVELOPMENT CORPORATION, A CALIFORNIA CORPORATION, TO WESTMOR
DEVELOPMENT COMPANY, A PARTNERSHIP, RECORDED JULY 2, 1969 AS INSTRUMENT NO.
1388, IN BOOK D-4423 PAGE 838, OFFICIAL RECORDS.
8. AN EASEMENT FOR PURPOSES HEREIN STATED, AND RIGHTS INCIDENTAL THERETO AS
PROVIDED IN A DOCUMENT
FOR: UNDERGROUND CONDUITS.
AFFECTS: A STRIP OF LAND 4 FEET IN WIDTH LYING WITHIN A PORTION OF
THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 2 SOUTH,
RANGE 9 WEST, SAN BERNARDINO MERIDIAN.
THE SOUTHWESTERLY LINE OF SAID STRIP OF LAND 4 FEET IN
WIDTH IS DESCRIBED AS FOLLOWS:
COMMENCING AT THE POINT OF INTERSECTION OF THE EASTERLY
PROLONGATION OF THE NORTHERLY LINE OF LOT 34 OF TRACT
24731, AS PER MAP RECORDED IN BOOK 678 PAGES 93 TO 95
INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY WITH THE CURVE SOUTHEASTERLY LINE OF
GOLDEN SPRINGS DRIVE, 80 FEET WIDE, AS SHOWN ON SAID MAP
OF SAID TRACT 24731; THENCE NORTHEASTERLY AND NORTHERLY
ALONG SAID CURVED SOUTHEASTERLY LINE AND THE CURVED
EASTERLY LINE OF SAID GOLDEN SPRINGS DRIVE A DISTANCE OF
292.06 FEET TO THE INTERSECTION OF SAID CURVED EASTERLY
LINE WITH THE GENERAL NORTHERLY LINE OF PARCEL 2 OF THE
LAND GRANTED TO THE STATE OF CALIFORNIA BY A DEED
RECORDED ON JUNE 17, 1966 AS INSTRUMENT NO. 615 IN BOOK D-
3338 PAGE 605, OFFICIAL RECORDS, SAID LAST MENTIONED
INTERSECTION BEING THE TRUE POINT OF BEGINNING; THENCE
ALONG SAID GENERAL NORTHERLY LINE, SOUTH 47° 54' 07" EAST,
11.01 FEET
RECORDED: MAY 23, 1975 AS INSTRUMENT NO. 3553.
AN EASEMENT FOR PURPOSES HEREIN STATED, AND RIGHTS INCIDENTAL THERETO AS
PROVIDED IN A DOCUMENT
FOR: UNDERGROUND CONDUITS, MANHOLES, PEDESTALS, CABLES,
WIRES AND APPURTENANCES, FOR THE TRANSMISSION OF
ELECTRIC ENERGY FOR COMMUNICATION AND OTHER PURPOSES.
AFFECTS: A STRIP OF LAND FOUR (4) FEET IN WIDTH LYING WITHIN PORTIONS
OF THE NORTHWEST QUARTER, THE NORTHEAST QUARTER AND
THE SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 2 SOUTH,
RANGE 9 WEST SAN BERNARDINO MERIDIAN.
EXHIBIT C
9712067-50, N1. 3T -May 19 1997
THE GENERAL NORTHERLY LINE OF SAID STRIP OF LAND FOUR (4)
FEET IN WIDTH IS DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST EASTERLY CORNER OF TRACT 24731, AS
SHOWN ON MAP RECORDED IN BOOK 678 PAGES 93 TO 95
INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY, SAID MOST EASTERLY CORNER BEING A POINT
IN THE CURVED EASTERLY LINE OF GOLDEN SPRINGS DRIVE AS
SHOWN ON SAID TRACT, SAID CURVE BEING CONCAVE WESTERLY
AND HAVING A RADIUS OF 1240.00 FEET, A RADIAL LINE OF SAID
CURVE TO SAID POINT BEARING SOUTH 72° 42'49- EAST, SAID
POINT ALSO BEING THE POINT OF BEGINNING OF THE GENERAL
SOUTHERLY LINE OF PARCEL 2 OF THE LAND GRANTED TO THE
STATE OF CALIFORNIA BY A DEED RECORDED ON JUNE 17, 1966 AS
INSTRUMENT NO. 615 IN BOOK D-3338 PAGE 605, OFFICIAL
RECORDS; THENCE ALONG THE GENERAL SOUTHERLY LINES OF
SAID PARCEL 2 AS FOLLOWS:
SOUTH 54° 45' 01" EAST, 126.97 FEET, NORTH 83° 04' 22" EAST, 22.97
FEET, NORTH 84" 29' 5T' EAST, 442.67 FEET, SOUTH 710 35'29" EAST,
386.12 FEET, SOUTH 36° 59' 18" EAST, 68.37 FEET, NORTH 59° 16' 16"
EAST, 76.28 FEET, SOUTH 67° 55'07- EAST, 239.94 FEET, SOUTH 53°
50' 29" EAST, 103.08 FEET, SOUTH 84° 34' 33" EAST, 104.40 FEET,
SOUTH 67° 52' 3T' EAST, 325.00 FEET, SOUTH 57° 47' 51" EAST, 228.53
FEET, SOUTH 62' 10'09" EAST, 100.50 FEET, AND SOUTH 65° 00'54"
EAST, 207.05 FEET.
• THE GENERAL SOUTHERLY LINES OF SAID STRIP SHALL BE
PROLONGED OR SHORTENED SO AS TO TERMINATE AT THEIR
INTERSECTION. THE WESTERLY END OF THE GENERAL
SOUTHERLY LINE OF SAID STRIP SHALL BE SHORTENED SO AS TO
TERMINATE IN THE AFOREMENTIONED EASTERLY LINE OF GOLDEN
SPRINGS DRIVE.
RECORDED: MAY 23, 1975 AS INSTRUMENT NO. 3556.
10. AN EASEMENT FOR PURPOSES HEREIN STATED, AS SHOWN ON OR DEDICATED BY THE
MAP
OF: TRACT 40387 AND 43756.
FOR: STORM DRAINAGE AND SANITARY SEWERS.
AFFECTS: SAID LAND.
PORTION OF SAID TRACT 40387 WAS SHOWN AS "RESTRICTED USE AREA".
11. COVENANTS, CONDITIONS AND RESTRICTIONS BUT DELETING ANY COVENANT, CONDITION
OR RESTRICTION INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON
RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN TO THE
EXTENT SUCH COVENANTS, CONDITIONS, OR RESTRICTIONS VIOLATE 42 USC 3604 (C) AS
PROVIDED IN A DOCUMENT,
RECORDED: DECEMBER 31, 1981 AS INSTRUMENT NO. 81-1280057.
SAID COVENANTS, CONDITIONS AND RESTRICTIONS PROVIDE THAT A VIOLATION THEREOF
SHALL NOT DEFEAT NOR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF
TRUST MADE IN GOOD FAITH AND FOR VALUE.
EXHIBIT C
4
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12. COVENANTS, CONDITIONS AND RESTRICTIONS BUT DELETING ANY COVENANT, CONDITION
OR RESTRICTION INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON
RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN TO THE
EXTENT SUCH COVENANTS, CONDITIONS, OR RESTRICTIONS VIOLATE 42 USC 3604 (C) AS
PROVIDED IN A DOCUMENT,
RECORDED: DECEMBER 31, 1981 AS INSTRUMENT NO. 81-1280054.
SAID COVENANTS, CONDITIONS AND RESTRICTIONS PROVIDE THAT A VIOLATION THEREOF
SHALL NOT DEFEAT NOR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF
TRUST MADE IN GOOD FAITH AND FOR VALUE.
13. A LIEN DUE THE STATE OF CALIFORNIA,
DEPARTMENT: STATE OF CALIFORNIA EMPLOYMENT DEVELOPMENT
DEPARTMENT.
CERTIFICATE NO.: W933093011.
ACCOUNT NO.: 314 9363 8.
AMOUNT: $1,134.17.
TAXPAYER: LOS ANGELES CELLULAR CORP., LIN CELLULAR
COMMUNICATION CORP., LOS ANGELES CELLULAR TEL CO.
RECORDED: DECEMBER 6, 1993 AS INSTRUMENT NO. 93-2378280.
14. THIS REPORT IS INCOMPLETE AS TO MATTERS WHICH MAY AFFECT THE TITLE TO, OR
IMPOSE LIENS OR ENCUMBRANCES ON, SAID LAND, UNLESS ELIMINATED BY
STATEMENT(S) OF IDENTITY
FROM: ALL PARTIES.
15. THE REQUIREMENT THAT THIS COMPANY BE FURNISHED WITH THE BY-LAWS AND A
RESOLUTION PURSUANT TO SAID BY-LAWS AUTHORIZING THE TRANSACTION
CONTEMPLATED HEREIN,
FROM: ALL CORPORATIONS.
THE REQUIREMENT THAT THIS COMPANY BE FURNISHED WITH EVIDENCE THAT THE
CORPORATION WAS DULY FORMED IN ITS HOME STATE, IS IN GOOD STANDING AND ITS
RIGHT TO DO BUSINESS HAS NOT BEEN IMPAIRED OR SUSPENDED FOR ANY REASON.
16. NO POLICY OF TITLE INSURANCE HAS BEEN ISSUED ON THIS PROPERTY WITHIN THE LAST
FIVE YEARS. IF A POLICY IS ISSUED UNDER THE ABOVE ORDER, THE BASIC SCHEDULE
RATE WILL APPLY.
17. NOTE: WIRING INSTRUCTIONS FOR FIRST AMERICAN TITLE COMPANY OF LOS ANGELES -
TITLE DEPARTMENT.
ALL FUNDS WIRED FOR THIS ORDER ARE TO BE WIRED TO:
COMERICA BANK - CALIFORNIA
21535 HAWTHORNE BOULEVARD
TORRANCE, CALIFORNIA 90503
ABA #121137522
ACCT #8971000677
PLEASE REFERENCE OUR ORDER NO.
EXHIBIT C
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
LOT 8 OF TRACT 43756, AS SHOWN ON MAP RECORDED IN BOOK 1076 PAGES 61 TO 63 INCLUSIVE
OF ABOVE MENTIONED MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXHIBIT C
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type)
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
1 Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the
public records. Proceedings by a public agency which may result in taxes or assessments, or notice of such proceedings, whether or not shown by the records
of such'agency or by the public records.
2. Any facts, rights, interests or daces which are not shown by the public records but which could be ascertained by an Inspection of the land or which may be
asserted by persons in possession thereof.
3. Easements, liens, or encumbrances, or claims thereof, which aro not shown by the public records.
4. Discrepancies, conflicts In boundary &we, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown
by the public records.
S. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether
or not the matters excepted under (a), (b), or (c) are shown by the public records.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which
arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but rot limited to building and zoning laws, ordinances or regulations) restricting, regulating, prohibiting
or relating to (1) the occupancy, use or enjoyment of the land; (if) the character, dimensions or location of an improvement now or hereafter erected on the land.
(iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (fv) environmental protection,
or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of
a defect. lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any
taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims, or other matters:
(a) whether or not recorded in the public records at Data of Policy, but created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed In writing to the Company
by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had pad value for the insured mortgage or for the estate or interest insured
by thill policy.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent
owner of the indebtedness, to comply with the applicable 'doing business" laws of the state in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is
based upon usury or any consumer credit protection or truth in lending law.
6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transaction creating the interest of the
insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws.
2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1. Any law, ordinance or governmental regulation ('including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy,
use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a
separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation.
2. Rights of eminent domain or governmental rights or police power unless notice of the exercise of such rights appears in the public records at Data of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters la) created, suffered, assumed or agreed to by the insured claimant; Ib) not known to the Company
and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured
by this policy and not disclosed in writing by the Insured claimant to the Company prior to the date such insured claimant became an insured hereunder•, (cl resulting
in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been
sustained if the insured claimant had paid value for the estate or interest insured by this policy.
3. AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY FORM B - 1970
WITH REGIONAL EXCEPTIONS
When the American Land Trtb Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph
2 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE 8
This policy does not insure against loss or damage by reason of the matters shown in parts one and two following:
Part One. -
1
ne:1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the
public records.
2. Any facts, rights, interests, or claims which are not shown by the pubic records but which could be ascertained by an inspection of said land or by making inquiry
of persons in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown
by public records.
S. Unpatented mining claims, reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water.
6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records.
EXHIBIT C
�•, _ _ = i -k: v _ is .. _ r� -.� _ (. y . ,,� r L'
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
SCHEDULE OF EXCLUSIONS FROM COVERAGE
Any law, ordinance or governmental regulathon (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy,
use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a
separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law ordinance or governmental regulation.
Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy.
Defects, Gens, encun wanoea, adverse claims, or other mattem la) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company
and not shown by the pubic records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured
by this policy or acquired the Insured n of gage and not disclosed in wnting by the insured claimant to the Company prior to the date such insured claimant became
an insured hereunder, (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent
insurance is afforded herein ss to any statutory Gen for labor or matenal or to the extent insurance is afforded herein as to assessments for street improvements
under construction or complIe W at Date of Policy).
Unsinforcealli Nty of the Gert of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply
with applicable 'doing business' laws of the state in which the land is situated
5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH REGIONAL EXCEPTIONS
When the American Land Title Association Lender Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in
paragraph 4 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage by reason of the matters shown in parts one and two following:
Part One:
I . Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the
public records.
2. Any facts, rights, interests, or claims which ars not shown by the pubic records but vrhic h could be ascertained by an inspection of said land or by making inquiry
of parsons in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary linss, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown
by public records.
5. Unpatented mining claims; reservations or exceptions in patents or in Acts authonzing the issuance thereof; water rights, claims or title to water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
The foNowinq matters aro expressly excluded from the coverage of this policy and the Company will not pay loss or damage, coats, attorneys' fees or expenses which
arise by reason of:
1 . (a) Any law, ordinance or governmental regulation (including but not limited to budding and zoning laws, ordinances or regulations) restricting, regulating, prohibiting
or relating to li) the occupancy, use or enjoyment of the land; (III the character, dimensions or location of any improvement now or hereafter erected on the land.
(iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or liv) environmental protection,
or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of
a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any
taking which has occurred prior to the Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims, or other matters;
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the pubic records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company
by the insured claimant prior to the date the insured diai_mant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Data of Polley (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory
lien for services, labor or material or the extent Insurance is afforded heroin as to assessments for street improvements under construction or completed at date
of policy); or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage.
4 Unenforeeabi'Gty, of the Gan of the instaed mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent
owner of the indebtedness, to comply with the applicable 'doing business' laws of the state in which the land is situated.
5. Invalidity or unanforceabiky of the flan of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is
based upon usury or any consumer credit protection or truth in lending law.
6. Any statutory Gen for services, liar or materials for the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage)
arising from an imprvvemanit or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in
part by proceeds of the Indebtedness secured by the Insured mortgage which at Date of Policy the insured has advanced or is obligated to advance.
7. Any claim, which arises out of Wil transaelbn creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state
insolvency, or similar creditors' rights lawn, that Is based on:
(i) the transaction mating the interest of the Insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer, or _
iii( the subordination of the Interest of the Insured mortgagee as a result of the application of the doctrine of equitable subordination; or
(iii) the transaction creating the Intermit of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure:
(al to timely record the instrument of transfer, or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
7, AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph
6 above are used and the following exceptions to coverage appear in the policy.
EXHIBIT C
SCHEDULE 8
This policy does not insure against loss or damage land the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
1 Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the
public records.
2 Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry
of persons in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown
by public records.
5 Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water.
6. Any ben, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.
8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which
arise by reason of:
1 . (a) Any law, ordkwnce or govemmehtal regulation (including but not limited to building and zoning laws, ordinances or regulations) restricting, regulating, prohibiting
or relating to i) the occupancy, use or enjoyment of the land; 10 the character, dimensions or location of any improvement now or hereafter erected on the land,
(ill a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or liv) environmental protection,
or the effect of any violation of thew laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of
a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records at Date of Policy.
(b) Any governmental polios power rat excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2- Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any
taking which has occurred prior to the Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims, or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company
by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy.
4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy,
state insolvency, or similar creditors' rights laws, that is based on:
(i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the
failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 WITH REGIONAL EXCEPTIONS
When the American Land Trde Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph
8 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage land the Company will not pay costs, attomeys' fees or expenses) which arise by reason of:
Part One:
1 . Taxes or assessments which are not shown as existing Irons by the records of any taxing authority that levies taxes or assessments on real property or by the
public records.
2. Any facts, rights, interests, or claims which are not shown by the pubic records but which could be ascertained by an inspection of said land or by making inquiry
of persons In possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown
by public records.
5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water.
6. Any lien, or right to a lien,. for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.
10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1987
EXCLUSIONS
In addition to the Exceptions in Schedule 8, you are not insured against loss, costs, attorneys' fees and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and
regulations concerning:
• land use a land division
• improvements on the land • environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date.
This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Ttle Risks.
2. The right to take the land by condemning it, unless:
• a notice of exercising the right appears in the public records on the Policy Date
• the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking.
3. Title Risks:
• that are created, allowed, or agreed to by you
• that are known to you, but not to us, on the Policy Date - unless they appeared in the public records
• that result in no loss to you
• that first affect your title after the Policy Data - this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks
4. Failure to pay value for your title.
5. Lack of a right:
• to any land outside the area specifically described and referred to in Item 3 of Schedule A, or
• in s, allays, waterways that touch your land EXHIBIT C
This exclusion
sian does not limit
it tins access coverage in hem 5 of Covered Ttle Risks.
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Ifn
PLANNING COMMISSION
RESOLUTION NO. 97-11
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND - BAR APPROVING CONDITIONAL USE PERMIT NO. 97-2 AND
DEVELOPMENT REVIEW PERMIT NO. 97-6, A REQUEST TO INSTALL A
MICROCELL TELECOMMUNICATIONS FACILITY CONSISTING OF TWO
RECTANGULAR ANTENNAS ATTACHED TO AN EXISTING LIGHTPOLE AND
TWO SCREENED EQUIPMENT CABINETS AT PETERSON PARK, 24142 SYLVAN
GLEN ROAD, DIAMOND BAR, CALIFORNIA.
A. RECITAT.S .
1. The applicant, LA Cellular, has filed an application
for Conditional Use Permit No. 97-2 and Development
Review No. 97-6 as described in the above title of this
Resolution. Hereinafter in this Resolution, the
subject Conditional Use Permit and Development Review
shall be referred to as the "Application."
2. On April 18, 1989, the City of Diamond Bar was
established as a duly organized municipal organization
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 adopted its Ordinance No. 14
(1989), thereby adopting 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.
3. Action was taken on the subject application as to its
consistency with the General Plan. It has been
determined that the proposed project is consistent with
the General Plan.
4. The Planning Commission of the City of Diamond Bar on
August 12, 1997 conducted a duly noticed public hearing
on the application.
5. Notice of the public hearing for this project has been
made in the San Gabriel Valley Tribune and the Inland
Valley Daily Bulletin newspapers on July 18, 1997.
Three hundred and thirty six property owners within a
500 foot radius of the project site were notified by
mail on July 18, 1997.
B. Resolution.
NOW, THEREFORE, it is found, determined and resolved by
the Planning Commission of the City of Diamond Bar as
follows:
1. This Planning Commission hereby specifically finds
that all of the facts set forth in the Recitals,
Part A, of this Resolution are true and correct.
2. The Planning Commission hereby determines that the
project identified above in this Resolution is
Categorically Exempt from the requirements of the
California Environmental Quality Act of 1910, and
the guidelines promulgated thereunder, pursuant to
Section 15303(e) of Article 19 of Chapter 3, Title
14 of the California Code of Regulations.
3. The Planning Commission hereby specifically finds
and determines that, having considered the record
as a whole, including the findings set forth
below, and changes and alterations which have been
incorporated into and conditioned upon the
proposed project set forth in the application,
there is no evidence before this Planning
Commission that the project proposed herein will
have the potential of an adverse effect on
wildlife resources or the habitat upon which the
wildlife depends. Based upon substantial
evidence, this Planning Commission hereby rebuts
the presumption of adverse effects contained in
Section 753.5(d) of Title 14 of the California
Code of Regulations.
4. Based on the findings and conclusions set forth
herein, this Planning Commission hereby finds as
follows:
(a) The project relates to a developed parcel
approximately 8.93 acres in size located at
24142 Sylvan Road.
(b) The project site, Peterson Park, has a
General Plan land use designation of Park
(PK). It is within the Open Space Zone (OS).
2
CONDITIONAL USE PERMIT
(c) The proposed project will not be in
substantial conflict with the General Plan,
local ordinances and State requirements. The
General Plan provides for a variety and mix
of land uses and accessory uses necessary for
the health, safety, comfort and convenience
of the community. The facility's operation
offers a service to the community and
emergency agencies. Therefore, the proposed
facility is consistent with the General Plan
and is further authorized as a conditionally
permitted use within the Open Space(OS)Zone,
pursuant to the Los Angeles Planning and
Zoning Code, Section 22.40.430.
(d) The proposed project will not:
(1) Adversely affect the health or welfare
of persons residing or working in the
surrounding area; or
(2) Be materially detrimental to the use,
enjoyment or valuation of property of
other persons located in the vicinity of
the site; or
(3) Jeopardize, endanger or otherwise
constitute a menace to public health,
safety or general welfare for the
following reasons:
The approval of the Conditional Use Permit
allows for the proposed construction of the
wireless telecommunications facility. The
facility, as conditioned, complies with all
City Codes and therefore does not jeopardize,
endanger or otherwise constitute a menace to
the public health, safety or general welfare.
Currently, the Federal Government maintains
that the siting of telecommunications
facilities are in the national interest and
that only aesthetic considerations may be
considered when evaluating an
telecommunication facility application.
Additionally, the Federal government finds
3
that the radio frequency emitted by this type
of microcell facility, as well as the lower
frequency electromagnetic fields associated
with this type of facility does not produce
adverse effects in humans. The lightpole to
which the microcell antennas are attached are
over 580 feet from the nearest residence on
the west side of the park and over 600 feet
from any residence on the north side of the
park. In addition, south of the Park is the
Pomona Freeway and over 700 feet to the
nearest residence and east of the park is
open park space and over 18,000 feet to the
nearest residence.
(e) The project site is adequate in size and
shape to accommodate the yards, walls,
fences, parking and loading facilities,
landscaping and other development features
prescribed within City ordinances, or as
otherwise required in order to integrate the
use with uses in the surrounding area.
The antennas will be attached to an existing
lightpole and there is sufficient area east
of the pole, between the fence delineating
the edge of the southern property line of the
park and the perimeter walkway, to locate the
equipment cabinets without encroaching on the
any ball playing areas of the park.
(f) The project site is adequately served:
(1) By highways or streets of sufficient
width and improved as necessary to carry
the kind and quantity of traffic such
use would generate; and
(2) By other public or private service
facilities as are required.
The proposed site, Peterson Park, is served
by Golden Springs Drive and Sylvan Glen Road
which will adequately absorb the additional
traffic generated by the monthly service
visit of one maintenance vehicle.
Underground electrical and telephone service
are easily accessible; the electrical being
available from Sylvan Glen Road and the
4
telephone being available from Golder Springs
Drive.
- DEVELOPMENT REVIEW
(g) The proposed project is in compliance with
development Review Ordinance No. 5 (1990)
(h) The design and layout of the proposed project
is consistent with the applicable elements of
the City's General Plan, design guidelines of
the appropriate district, and any adopted
architectural criteria for specialized area,
such as designated historic districts, theme
areas, specific plans, community plans,
boulevards or planned developments. As
conditioned, the two antennas and the
screened equipment cabinets will negligibly
impact the park. The antennas are attached
to the lightpoles, 62 feet from ground level
and the cabinets will be against the southern
property line of the park, next to the Pomona
Freeway.
(i) The design and layout of the proposed project
will not unreasonably interfere with the use
and enjoyment of neighboring existing or
future developments, and will not create
traffic or pedestrian hazards. The
installation of the telecommunications
facility in the Park will not change the
manner in which the park is used. There will
be no increase in noise or traffic
generated by the monthly servicing of the
facility by LA Cellular since traffic will
be limited to one utility vehicle along the
widened part of the perimeter path.
(j) The architectural design of the proposed
project is compatible with the character of
the surrounding neighborhood and will
maintain the harmonious, orderly and
attractive development contemplated by the
Development Review Ordinance and the General
Plan. Based on recreational facility
standards of the Community Services Division,
Parks and Recreation, it is recommended that
E
the proposed location of the equipment
cabinets be located on the east side of the
lightpole, in order to avoid any conflict
with the soccer field.
(k) The design of the proposed project will
provide a desirable environment for its
occupants and visiting public, as well as if
neighbors through good aesthetic use of
materials, textures and color that will
remain aesthetically appealing and will
retain a reasonably adequate level of
maintenance. The antennas attached to the
existing lightpole and the equipment cabinets
are to be maintained in good condition by LA
Cellular.
(1) The proposed project will not be detrimental
to the public health, safety or welfare, or
materially injurious to the properties or
improvements in the vicinity. Studies by t! -:e
Federal government finds that the radio
frequency emitted by this type of microcell
facility, as well as the lower frequency
electromagnetic fields associated with this
type of facility, does not produce adverse
effects in humans. In addition, the lightpole
to which the microcell antennas are attached
are over 580 feet from the nearest residence
on the west side of the park.
5. Based on the findings and conclusions set forth
above, the Planning Commission hereby approves the
Application subject to the following conditions:
(a) Conditional Use Permit No. 97-2 and
Development Review 97-6 shall be developed in
substantial conformance to plans dated August
7, 1997, labeled Exhibit "A" as submitted and
conditioned and approved by the Planning
Commission.
(b) The subject site shall be maintained in a
condition which is free of debris both during
and after the construction, addition, or
implementation of the entitlement granted
herein. The removal of all trash, debris,
and refuse, whether during or subsequent to
construction shall be done only by the
9
property owner, applicant or by duly
permitted waste contractor, who has been
authorized by the City to provide collection,
transportation, and disposal of solid waste
from residential, commercial, construction,
and industrial areas within the City. It
shall be the applicant's obligation to insure
that the waste contractor utilized has
obtained permits from the City of Diamond Bar
to provide such services.
(c) The applicant shall comply with all Planning
Division, Building and Safety Division,
Public Works Division and Los Angeles County
Fire Department requirements.
(d) This grant is valid for two years and shall
be exercised (i.e. construction started)
within that period or this grant shall
expire_ A one year extension may be
requested in writing and submitted to the
City 30 days prior to expiration date. The
completion of the antenna and related
equipment shall occur no later than ten (10)
months from the date the lease is signed or
City Building and Safety permits are issued,
whichever is later.
(e) This grant shall not be effective for any
purpose until the permittee and owner of the
property involved (if other than the
permittee) have filed, within fifteen (15)
days of approval of this grant, at the City
of Diamond Bar Planning Division, their
Affidavit of Acceptance stating that they are
aware of and agree to accept all the
conditions of this grant. Further, this
grant shall not be effective until the
permittee pays any remaining City processing
fees.
(f) If the Department of Fish and Game determines
that Fish and Game Code Section 711.4 applies
to the approval of this proiect, then the
applicant shall remit to the City, within
five days of this grant's approval, a
cashier's check, payable to the County of Los
Angeles, of $25.00 for a documentary handling
7
fee in ccnnection with Fish and Game Ccde
requirements. Furthermore, if this project
is not exempt from a filing fee imposed
because the project has more than a de
_ minimis impact on fish and wildlife, the
applicant shall also pay to the Department of
Fish and Game any such fee and any fine which
the Department determines to be owed.
(g) Prior to final inspection of the
telecommunication facility, the applicant
shall submit a radio frequency radiation
(RFR) field measurement study to the Planning
Division for review and approval which
verifies compliance with FCC emission
standards. The study shall be accompanied
by a report describing compliance with these
standards in language that can be understood
by a lay person. Any costs associated with
this review shall be borne by the applicant.
(h) One year from the date of project approval
and yearly, on or before each subsequent
anniversary date, the applicant shall submit
a certification attested to by a licensed
engineer expert in the field of RF emissions,
that the facilities are and have been
operated within the then current applicable
FCC standards for RF emissions. Amy costs
resulting from the review of this
certification shall be borne by the
applicant.
(i) If the wireless telecommunications facility
approved by this resolution is operated or
maintained in violation of FCC standards,
said facility shall be subject to permit
revocation by the Planning Commission.
(j) The equipment cabinets shall be placed to the
east of the designated lightpole and shall be
completely enclosed with a chain-link fence
with view obstructing screening material to
be approved by the Planning Division. Gravel
ground cover is to be limited to inside the
fenced area only.
(k) The perimeter park path shall be designed and
N.
widened to 8 feet in width and reinforced per
Building and Safety Division requirements at
the expense of LA Cellular.
(1) The project site, as well as the area around
any electrical meter which needs to be
installed, shall be planted with screening
vegetation. Prior to permit issuance, the
applicant shall submit landscaping plans to
the Planning Division for review and
approval. Landscaping shall be installed
prior to Planning Division final inspection.
(m) Due to the scheduling of the Peterson Park
renovation, the electrical and telephone
easements, as well as the location of the
electrical meter servicing the project, shall
be located at the discretion of the Deputy
City Manager. The meter shall also be
screened by vegetation, the specifics of
which are to be designated on the
aforementioned landscape plan.
(n) Plans shall conform to State and Local
Building Codes (i.e. 1999 editions of the
Uniform Building Code, Plumbing Code,
Mechanical Code and 1993 edition of the
National Electrical Code) as well as the
State Energy Code.
(o) Proposed antennas, screening and fence shall
be engineered to meet wind loads of 80 m.p.h.
with an exposure "C". Also the existing
lightpole shall be designed for the
additional antenna loads. Antenna pole
attachment details shall be submitted to the
Building and Safety Division for approval.
(p) The proposed curb cut shall meet Engineering
Division requirements.
(q) The proposed vehicular access path shall
be designed to withstand the additional
loads, shall meet A.D.A. accessibility
requirements and shall provide A.D.A.
notation on submitted plans as to compliance.
(r) Any cables shall be installed underground to
LO
protect pedestrians.
(s) The removal of any tree(s) necessary for the
widening of the access path shall require the
relocation or replacement of the said tree(s)
per the Director of Community Services.
(t) This approval shall not be valid until and
unless the City Council approves a ground
lease agreement with LA Cellular.
The Planning Commission shall:
(a) Certify to the adoption of this Resolution;
and
(b) Forthwith transmit a certified copy of this
Resolution, by certified mail to: Leslie
Daigle, LA Cellular, 17785 Center Court Drive
North, Cerritos, CA 90703 and
City Manager, City of Diamond Bar, 21660
Copley Drive, Diamond Bar, California, 917065.
APPROVED AND ADOPTED THIS 12th DAY OF AUGUST, 1997 BY
THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
BY:
� : Ru cka, Chairman
I, James DeStefano, Planning Commission Secretary, do hereby
certify that the forgoing Resolution was duly introduced, passed
and adopted by the Planning Commission of the City of Diamond
Bar, at a regular meeting of the Planning Commission held on the
12th day of August, 1997, by the following vote:
AYES: COMMISSIONERS: Goldenberg, Ruzika, Fong,
McManus, Schad
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ATTEST: ,J
PDS
eStefann , Secretary
10
CITY OF DIAMOND BAR
AGENDA REPORT
AGENDA NO. -to
TO: Honorable Mayor and Members of the City Council
MEETING DATE: November 18, 1997 REPORT DATE: November 13, 1997
FROM: Terrence L Belanger, City Manager
TITLE: LOCAL LAW ENFORCEMENT SUPPLEMENTAL FUNDING - CITIZENS
OPTION FOR PUBLIC SAFETY (COPS) -1997
SUMMARY: The Citizen's Option for Public Safety (COPS) Program was established in
1996 by AB 3229. The State enacted AB 1584 in August, 1997 which re -authorized the
COPS program and states legislative intent that the program be continued through fiscal
year 1999-2000 at a minimum funding level of at least $100 million. The COPS program
is intended for front-line law enforcement services, including anti -gang and crime
preventions. The City Council must consider the written request for funding by the local
law enforcement agency at a public meeting. The monies shall supplement existing
services, and shall not be used to supplant any existing funding for law enforcement
services provided by the entity. The City has been allocated $130,409 for the Fiscal Year
1997/98. In addition, the City has $85,000 remaining from FY 1996/97.
RECOMMENDATION: It is recommended that the City Council review the attached list,
approve the list for supplemental services and equipment, and approve the necessary
budget adjustment for receipt and expenditure of grant funds.
LIST OF ATTACHMENTS: X Staff Report _
_ Resolution(s) _
_ Ordinance(s) X_
_ Agreement(s)
Public Hearing Notification
Bid Specification
Other: Sheriffs List
EXTERNAL DISTRIBUTION: Walnut Sheriffs Station
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been
X Yes _ No
reviewed by the City Attorney?
2. Does the report require a majority vote?
X Yes _ No
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?
_ Yes X No
Report discussed with the following affected departments:
REVIEWED BY:
Terr4nceelanger Frank M. Usher
City Mand. Deputy City Manager
6L
Kellee A. Fritzal
Assistant to the City Manager
290B who will act as "spotters" in the shopping centers. Once the 'Bike Team" for the Holiday
Season is completed, the bikes will be utilized throughout the year for special events and
assignments. The 290B team can also utilize the bikes in special assignments such as patrol in a
apartment/condo complex, parks and/or shopping centers. The bikes will be stored at the Walnut
Sheriffs station.
The projected cost for the 'Bike Patrol" including training, bicycles, uniforms and deputies
salaries is estimated at $20,000.
DISCUSSION:
The Sheriffs Department has submitted a written request regarding supplemental funding for a
variety of equipment and programming. The approximate cost for the requested items on
1997/98 list is $132,000.
Attachment
COUNTY OF LOS ANGELES
SHERIFF'S DEPARTMENT
Date: NOVEMBER 12, 1997
File No.:
OFFICE CORRF.SPONDRNCF
FROM: RICHARD J. MARTINEZ, CAPTAIN TO: TERRY BELANGER, CITY MANAGER
WALNUT/SAN DIMAS STATIONS CITY OF DIAMOND BAR
SUBJECT: RECOMMENDED USE OF AB 3229 MONIES
It is my recommendation the AB 3229 monies for the 1997/98 fiscal year include the following items:
Description Approx. Cost
1.
Video recording systems for patrol vehicles
$25,000.00
2.
Non-linear video editing system
$
5,000.00
3.
Camera, 35 mm. SLR, with lenses
$
1,000.00
4.
Computer identi-kit system
$
4,000.00
5.
Night -vision scopes
$
3,000.00
6.
Computers
$10,000.00
7.
Television and VCR system
$
1,000.00
8.
Surveillance equipment
$
5,000.00
9.
Portable breathalyzers
$
2,000.00
10.
Directed patrol operations
$45,000.00
11.
Tape recorders
$
1,000.00
12.
Training
$20,000.00
13.
Youth Athletic League after-school programs
$
5,000.00
14.
Community relations promotional items
$
5,000.00
The items shown here are not ranked in any particular order of importance. The list is relatively firm
but, depending on circumstances, may be amended from time to time as needed. Our expenditure
requests will continue to be processed in the same manner as in the past.
DES/ad
d:\\memos\,ab3229.3
ca, �
MEMORANDUM
TO: Honorable Mayor and Members of the City Council
VIA: Terrence L. Belanger, City Manager
FROM: Linda G. Magnuson,"Assistant Finance Director
DATE: November 18, 1997
SUBJECT: Advance and Reimbursement Agreement Number 5
Recommendation:
It is recommended that the City Council adopt a resolution approving Advance and
Reimbursement Agreement Number 5, with the Diamond Bar Redevelopment Agency, in the
amount of $25,000.
Background:
In September 1996, the Redevelopment Agency proceeded with a redevelopment plan adoption
process for the Diamond Bar Economic Revitalization Area. Due to unforeseen circumstances,
the cost for this process has been in excess of what was originally budgeted for FY97-98. This
makes it necessary for the approval of Advance and Reimbursement Agreement Number 5, in the
amount of $25,000.
Of this amount it is recommended that a total of $7,500 be allocated to Printing ($1,000),
Advertising ($5,500) and Postage ($1,000). This is to cover the cost of notifying the public of the
five monthly town hall meetings which are being held to discuss the redevelopment process.
The balance should be allocated to Professional Services ($12,500) and Legal Services ($5,000)
to fund the purchase order carry over and other unanticipated costs.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR APPROVING ADVANCE AND
REIMBURSEMENT AGREEMENT NUMBER 5
WITH THE DIAMOND BAR REDEVELOPMENT AGENCY
The City Council of the City of Diamond Bar hereby finds, determines, resolves
and orders as follows:
SECTION 1. The Advance and Reimbursement Agreement Number 5 for
Administrative and Overhead Expenses, attached here to as Exhibit "A", is hereby approved. The
mayor is hereby authorized and directed to execute such Advance and Reimbursement Agreement
Number 5 for and on behalf of the City.
PASSED, APPROVED AND ADOPTED this day of
Mayor
ATTEST:
, 1997.
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 the day of , 1997, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCEL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
EXHIRIT A
DIAMOND BAR REDEVELOPMENT AGENCY
FUND BUDGET ADJUSTMENT
1997-98
FUND DESCRIPTION:
Pursuant to the California Health and Safety Code Section 33000, the City of Diamond Bar established
the Diamond Bar Redevelopment Agency on April 2, 1996. Redevelopment is the primary tool used by
cities in California to revitalize neighborhoods & business districts. As in many cities, the purpose of the
Diamond Bar Redevelopment Agency is to provide a mechanism for economic development activities.
1997-98
Exec Director
Adj Budget
Recommended
Adj Budget Explanation
ESTIMATED RESOURCES:
2550
Reserve Fund Balance
3650
Loan Proceeds
23,750
25,000
48,750
3610
Interest Revenue
TOTAL
$23,750
$25,000
$48,750
APPROPRIATIONS:
2100
Photocopying
1,500
1,500
2110
Printing
1,500
1,000
2,500 Town Hall Mtgs
2115
Advertising
2,500
5,500
8,000 Town Hall Mtgs
2120
Postage
500
1,000
1,500 Town Hall Mtgs
2320
Publications
250
250
2325
Meetings
500
500
2330
Travel-Conf & Mtgs
1,500
1,500
2340
Education & Training
500
500
4000
Professional Services
12,500
12,500 P.O. Carryover
4020
Legal Services
15,000
5,000
20,000
TOTAL
$23,750
$25,000
$48,750
CITY OF DIAMOND BAR
AGENDA REPORT
AGENDA NO.
TO: Terrence L. Belanger, City Manager
MEETING DATE: November 18, 1997 REPORT DATE: November 13, 1997
FROM: James DeStefano, Deputy City Manager
TITLE: Consideration of an agreement between Metricom, Inc. and the City of Diamond
Bar for the installation, operation and maintenance of wireless digital
communication radios within the City limits on existing street light poles within
the City's right-of-way.
SUMMARY: Metricom proposes to utilize existing street light poles to establish a wireless
digital communication system. Metricom requests an agreement for five years
with two successive automatic renewals. If approved, the City will receive a five
percent franchise fee, an annual fee of $60.00 per pole and reimbursement of the
City's expenses related to the implementation of this agreement, and a tradeout
option.
RECOMMENDATION: It is recoamrnended that t17e City Council approve the agreement.
LIST OF ATTACHMENTS: X Staff Report Public Hearing Notification
Resolution(s) Bid Specification (on file in City
Clerk's office)
Ordinance(s) X Other: Meticom Agreement
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been X Yes _ No
reviewed by the City Attorney?
2. Does the report require a majority vote? Majority
3. Has environmental impact been assessed? X Yes No
4. Has the report been reviewed by a Commission? Yes X No
Which Commission?
5. Are other departments affected by the report? X Yes No
Report discussed with the following affected departments: Public Works Division
REVIEWED BY:
Terrence L. Belanger
City Manager
r\4 -P
WJamesno
Deputy City Manager
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: November 18, 1997
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Consideration of an agreement between
Metricom, Inc. and the City of Diamond Bar for
the installation, operation and maintenance of
wireless digital communication radios within
the City limits on existing street light poles
within the City's right-of-way.
ISSUE STATEMENT: The issue before the City Council is whether
or not to enter into the five year agreement
with Metricom.
RECOMMENDATION: It is recommended that the City Council
approve the agreement.
FINANCIAL STATEMENT: Metricom proposes to provide the City with an
annual franchise fee equal to five percent of Metricom's gross
revenues collected from subscribers within the City during each
preceding calendar year; an annual fee of $60.00 for the use of
each pole upon which a radio unit is installed or tradeout options
in lieu of the the annual fee; and reimbursement of City expenses
relating to the preparation, issuance, and implementation of the
agreement.
BACKGROUND/DISCUSSION: The City has received a request from
Metricom, Inc., a wireless data communications network provider, to
allow the installation of their communications equipment on
existing street light poles within the City's right-of-way.
Metricom's "Ricochet" network provides for high speed, low cost,
wide area access to on-line services such as the Internet and LAN
applications and peer devices. The service provided by Metricom is
a wireless alternative to telephone line access to the above
mentioned services.
1
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980 University Avenue
�. Metricom ' I '. l J 1=1' " Los Gatos, CA 95030
October 8, 1997
•97 CGT 17 07)26,
Ann Lungu
City of Diamond Bar
21660 East Copley Drive, Suite 100
Diamond Bar, CA 91765
IE: REVISED MUNICIPAL PARTNERSHIP POLICY FOR ":ETRICOM AGREEMENT
Dear Ms. Lungu:
We are writing to you to inform you that the current trade -out provision in the standard
Metricom Pole Attachment agreement will be changed in a material and significant way.
The current Metricom policy typically found in the section entitled "Ricochet Trade -Out
Option", is being changed to allow for greater parity between all cities in regards to access to
Metricom goods and services under the attachment agreement.
The implementation of this new policy began on September 1, 1997. Between September 1
and December 1, 1997, the existing policy will run concurrently with the new policy. After
December 1, 1997, any agreements not yet executed by any city will only include the new
policy. Any city, currently qualified under the existing trade -out policy that executes the
Metricom agreement prior to December 1, 1997, will not be affected. It should be noted that
during the transition period both options would be available; however, only one option will
be implemented in any individual agreement
Details of the new policy discount schedule are as follows:
- Every city that executes a Right of Way Agreement will be eligible to subscribe to
Ricochet basic service at a 50% discount off the regular subscription rate.
• A cap on the number of subscriptions that are available to any individual city is shown
per this schedule;
- Cities with population less than 100 K - cap at 20 Discount subscriptions
• Cities with population from 100 K to 250 K - cap at 30 Discount subscriptions
- Cities with population from 250 K to 500 K - cap at 40 Discount subscriptions
- Cities with population over 500 K - cap at 50. Discount subscriptions
- AM cities ha ve equal status, regardless of pole ownership, in terms of access to
- Ricochet goods and services, under this program.
- AO equipment must be purchased at market rates Sales and marketing may,
from time to time, offer certain individual promotional programs which would be
in addition to the discount program described above.
• The new policy became effective on September 1, 1997. However, all agreements
executed between September 1, 1997 and December 1, 1997 will have the option of the
Telephone: Fax:
408.399.8200 408.354.1024
old policy, where applicable, or the new revisedpolicy. Any agreements executed after
December 1, 1997 will only include the revisedpolicy.
• Populations to be determined by the latest census data.
Please be aware, that if Diamond Bar owns street light poles which are available for
Metricom radio attachments, the "Annual Fee" provision of the agreement will remain the
same. The new policy would entitle the City to the annual fee in addition to the discounted
subscriptions and is not an In -lieu" provision.
We sincerely believe that this new policy represents the most equitable treatment to all cities
in the Los Angeles GS,^ Further, there is sufficient opportunity remaining for those cities
preferring the old trade -out policy, to get an agreement approved by their City Council and
signed by the appropriate person prior to December 1, 1997.
If you have any questions or require clarification on any aspect of this corporate policy
change please contact your local Metricom representative Joe Milone, Manager of
Government Relations at 562-988-0039.
Respectfully,
METRICOM, INC.
4—
Kirk Wampler
Director of Right of Way
CC: Joseph Milone, Metricom, Inc.
Lee Gopadz, Metricom, Inc.
DIAMOND BAR
ATTACHMENT PERMIT AGREEMENT
HIS ATTACHMENT PERMIT AGREEMENT (the "Permit") is dated as of
1997, and entered into by and between the CITY OF
TDIAMOND BAR, a California municipal corporation (the "City"), and
METRICOM, INC., a Delaware corporation ("Metricom").
RECITALS
A. Under California law the City has the right and power to regulate the
time, location, and manner of attachment, installation, operation, and maintenance of
wireless digital communications radios in the Public Right of Way within the limits of
the City.
B. Metricom wishes to attach, install, operate, and maintain a wireless digital
communications radio network on facilities located in the Public Right of Way for
purposes of operating its RicochetTM wireless digital communications radio network
(the "Network").
AGREEMENT
Now, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties agree to the following
covenants, terms, and conditions:
1 DEFINITIONS. The following definitions shall apply generally to the provisions of
this agreement:
1.1 Agency. "Agency" means any governmental or quasi -governmental
agency other than the City, including the FCC and the PUC (as such terms are
defined in §§ 1.4 and 1.9 below).
1.2 City. "City" means the City of Diamond Bar.
1.3 Effective Date. "Effective Date" means the date on which Metricom hangs
its first Radio as provided below or, if later, the date on which this Permit, as
finally approved by the City Council of Diamond Bar, is executed and delivered
by the City to Metricom.
1.4 FCC. "FCC' means the Federal Communications Commission.
Attachment Permit Agreement
City of Diamond Bar:: Metricom, Inc.
page I of 16
diamonbl.doc (rnag02scg28apa97]
1.5 Fee. "Fee" means any assessment, license, charge, fee, imposition, tax (but
excluding any utility users' tax or franchise fees), or levy of general application to
Persons doing business in the City lawfully imposed by any governmental body.
1.6 Gross Revenues. "Gross Revenues" means the gross dollar amount
accrued on Metricom's books for Services provided to its customers with billing
addresses in the City, excluding (i) the Franchise Fee, if any, payable pursuant to
§ 4 et seq. below; (ii) local, state, or federal taxes collected by Metricom that have
been billed to the subscribers and separately stated on subscribers' bills; and
(iii) revenue uncollectible from subscribers (i.e., bad debts) with billing addresses
in the City that was previously included in Gross Revenues.
1.7 Laws. "Laws" means any and all statutes, constitutions, ordinances,
resolutions, regulations, judicial decisions, rules, tariffs, administrative orders,
certificates, orders, or other requirements of the City or other governmental
agency having joint or several jurisdiction over the parties to this Permit, in effect
either at the time of execution of this Permit or at any time during the presence of
Radios in the Public Right of Way.
1.8 Metricom. "Metricom" means Metricom, Inc., a corporation duly
organized and existing under the laws of the State of Delaware, and its lawful
successors, assigns, and transferees.
1.9 PUC. "PUC" means the California Public Utilities Commission.
1.10 Permit. "Permit" means this nonexclusive Attachment Permit Agreement
and may also refer to the associated right to encroach upon the Public
Right of Way conferred hereunder.
1.11 Person. "Person" means an individual, a corporation, a limited liability
company, a general or limited partnership, a sole proprietorship, a joint venture,
a business trust, or any other form of business entity or association.
1.12 Provision. "Provision" means any agreement, clause, condition,
covenant, qualification, restriction, reservation, term, or other stipulation in this
Permit that defines or otherwise controls, establishes, or limits the performance
required or permitted by any party to this Permit. All Provisions, whether
covenants or conditions, shall be deemed to be both covenants and conditions.
1.13 Public Right of Way. "Public Right of Way" means in, upon, above,
along, across, and over the public streets, roads, lanes, courts, ways, alleys,
boulevards, and places, including all public utility easements and public service
easements as the same now or may hereafter exist that are under the jurisdiction
Attachment Permit Agreement
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of the City. This term shall not include any property owned by any Person or
Agency other than the City, except as provided by applicable Laws or pursuant
to an agreement between the City and any such Person or Agency.
1.14 Radio Month. "Radio Month" means a calendar month during which a
Radio occupies space on a City -owned pole or other City -owned property, even
if such occupancy is less than the entire month.
1.15 Radio. "Radio" means the radio equipment, whether referred to singly or
collectively, to be installed and operated by Metricom hereunder and more
particularly described in Exhibit A attached hereto.
1.16 RicochetTM. "RicochetTM" or "RicochetTM MCDN" means RicochetTM
MicroCellular Digital Network, a wireless, microcellular digital radio
communications network owned and operated by Metricom.
1.17 Services. "Services" means the wireless digital communications services
provided through Ricochet by Metricom to subscribers with billing addresses
within the City.
2 TERM. The term of this Permit shall commence on the Effective Date and shall
expire on the date which completes five (5) years after the Effective Date, unless it is
earlier terminated by either party in accordance with the provisions herein. The term
of this Permit shall be renewed automatically for two (2) successive terms of five (5)
years each on the same terms and conditions as set forth herein, except that the Annual
Fee shall be subject to adjustment as provided in § 4.2.1 below, unless either Metricom
or the City notifies the other party of its intention not to renew not less than thirty (30)
calendar days prior to commencement of the relevant renewal term. Notwithstanding
anything to the contrary herein, this Permit shall automatically terminate, with the
same effect as if the term had expired, if Metricom fails to deploy its network and
commence offering the Services to subscribers within the City within one (1) year from
the date of the City's execution and delivery of this Permit to Metricom.
3 SCOPE OF PERMrr. Any and all rights expressly granted to Metricom under this
Permit, which shall be exercised at Metricom's sole cost and expense, shall be subject to
the prior and continuing right of the City under applicable Laws to use any and all
parts of the Public Right of Way exclusively or concurrently with any other Person or
Persons and shall be further subject to all deeds, easements, dedications, conditions,
covenants, restrictions, encumbrances, and claims of title which may affect the Public
Right of Way. Nothing in this Permit shall be deemed to grant, convey, create, or vest
in Metricom a perpetual real property interest in land, including any fee, leasehold
interest, or easement.
Attachment Permit Agreement
Cihj of Diamond Bar:,- Metricom, Inc.
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3.1 Attachment to City -Owned Property. The City hereby authorizes
Metricom to attach, install, operate, maintain, remove, reattach, reinstall,
relocate, and replace Radios in or on City street light poles, lighting fixtures,
electroliers, or other City -owned property located within the Public Right of Way
for the purposes of providing Services to Persons located within or without the
limits of the City.
3.2 Attachment to Third -Party Property. Subject to obtaining the permission
of the owner(s) of the affected property, the City hereby authorizes and permits
Metricom to attach, install, operate, maintain, remove, reattach, reinstall,
relocate, and replace such number of Radios in or on poles or other structures
owned by public utility companies, including SCE, or other property owners
located within the Public Right of Way as may be permitted by the public utility
company or property owner, as the case may be. Metricom shall furnish to the
city documentation of such permission from the individual utility or property
owner responsible.
3.3 No Interference. Except as permitted by applicable Laws or this Permit
Metricom in the performance and exercise of its rights and obligations under this
Permit shall not interfere in any manner with the existence and operation of any
and all public and private rights-of-way, sanitary sewers, water mains, storm
drains, gas mains, poles, aerial and underground electrical and telephone wires,
electroliers, cable television, and other telecommunications, utility, or municipal
property, without the express written approval of the owner or owners of the
affected property or properties.
3.4 Compliance with Laws. Metricom shall comply with all applicable Laws
in the exercise and performance of its rights and obligations under this Permit.
3.4.1 Construction Permits. Any and all construction work performed
pursuant to the rights granted under this Permit, including the
installation, operation, maintenance, location, and attachment of the
Radios in the Public Right of Way, shall, if required under applicable City
ordinances, be subject to the prior review and approval of City by means
of submission of a permit application, payment of any applicable
permitting fees, and the City's ordinary administrative review. Metricom
agrees to apply for and obtain all appropriate permits required by
applicable Law prior to the commencement of any work of construction in
the Public Right of Way. The locations of Metricom's planned initial
installation of Radios shall be incorporated in Exhibit B attached to this
Permit. After the initial deployment of the Radios, new attachments,
removals, and relocations of Radios shall also be subject to the City's
Attachment Permit Agreement
Cihj of Diamond Bar:: Metricom, Inc.
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permitting process. If the location of any Radio is different from that
applied for in the applicable permit, the location of such Radio installed
by Metricom or its designee shall be disclosed in writing to the City by
Metricom within ten (10) days after its installation, removal, or relocation.
3.4.2 As -Built Drawings. Upon the completion of construction work,
Metricom promptly shall furnish to the City, in hard copy and in
Metricom's electronic format, suitable documentation showing the exact
location of the Radios in the Public Right of Way.
3.4.3 Modification of Service Voltage. The City reserves the right to
modify the service voltage delivered to or at any street light pole or utility
pole on which a Radio may be located. Metricom shall replace or modify
any Radio that will be affected by such voltage modifications within thirty
(30) days of receiving notice of voltage modifications. In the event that
Metricom fails to replace or modify any Radio within the thirty -day notice
period before the voltage modification, the City may disconnect any such
Radio until Metricom performs and completes the necessary work and
advises City accordingly.
3.5 Annual Business License. Metricom agrees to obtain an annual City
business license prior to the Effective Date and maintain the same throughout the
term of this Permit.
4 FEES AND TAXES. Metricom shall be solely responsible for the payment of all lawful
Fees and utility charges in connection with the exercise of Metricom's rights under this
Permit, including those set forth below.
4.1 Franchise Fee. Metricom shall pay to the City, on an annual basis, an
amount (the "Franchise Fee") equal to five percent (5%) of Metricom's Gross
Revenues collected during each preceding calendar year, which amount shall be
collected from subscribers of the Services and remitted to City as provided
herein. The Franchise Fee shall be due on or before the forty-fifth (45th) day after
the end of each calendar year or fraction thereof. Within forty-five (45) days after
the termination of this Permit, the Franchise Fee shall be paid for the period
which has elapsed since the end of the last calendar year for which the Franchise
Fee has been paid. Metricom shall furnish to the City with each payment of the
Franchise Fee a statement, executed by an authorized officer of Metricom or his
or her designee, showing the amount of Gross Revenues for the period covered
by the payment. If Metricom discovers that it has failed to pay the entire or
correct amount of the Franchise Fee, Metricom shall pay the difference to the
City or make such other adjustment within fifteen (15) days of discovery of the
Attachment Permit Agreement
Cihj of Diamond Bar: - Metricom, Inc.
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error or determination of the correct amount. Any overpayment to the City
through error or otherwise shall be offset against the next payment due from
Metricom. Acceptance by the City of any payment due under this section shall
not be deemed to be a waiver by the City of any breach of this Permit occurring
prior thereto, nor shall the acceptance by the City of any such payments preclude
the City from later establishing that a larger amount was actually due or
collecting any balance due to the City.
4.1.1 Accounting and Audit. Metricom shall keep accurate books of
account at its principal office in Los Gatos or such other location of its
choosing for the purpose of determining the amounts due to the City
under § 4.1. The City may inspect Metricom's books of account at any
time during regular business hours on five (5) days' prior written notice
and may audit the books from time to time, but in each case only to the
extent necessary to confirm the accuracy of payments due under § 4.1.
The City shall bear the cost of any such audit, unless such audit reveals an
underpayment to the City of more than five percent (5%) of the Franchise
Fee which was due to the City for such calendar year. Once each calendar
year the City may require an annual report from Metricom relating to its
operations and revenues within the City. City agrees to hold in
confidence any nonpublic information it learns from Metricom in
accordance with applicable law.
4.2 Annual Fee. Metricom shall pay to the City an annual fee (the "Annual
Fee") in the amount of Sixty Dollars ($60.00) for the use of each City -owned pole
or other structure or piece of City -owned property upon which a Radio has been
installed pursuant to this Permit. The initial Annual Fee shall be due and
payable not later than the date of installation of the first Radio on City -owned
poles or other City -owned property under this Permit (the "Installation Date")
and shall be computed based upon the number of Radios Metricom estimates as
of the Installation Date that it will install on City -owned poles or other City -
owned property during the succeeding twelve (12) months. The Annual Fee for
subsequent years shall be due and payable not later than thirty (30) days
following each anniversary of the Installation Date and shall equal the total
number of Radios then installed on City -owned poles or other City -owned
property pursuant to this Permit multiplied by the Annual Fee, adjusted for the
Prior Year Adjustment, as described immediately below. The Prior Year
Adjustment shall either increase or decrease a subsequent year's aggregate
Annual Fee to account for the installation or removal of Radios during the prior
year, and shall equal the difference between (i) the total number of Radios used
to calculate the prior year's aggregate Annual Fee multiplied by twelve (12) and
Attachment Permit Agreement
City of Diamond Bar:: Metricom, Inc.
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(ii) the actual number of Radio Months which occurred during such year,
multiplied by one -twelfth of the Annual Fee.
4.2.1 CPI Adjustment. At the commencement of each renewal term, the
Annual Fee with respect to such term shall be adjusted effective January
1st of the first year of such renewal term by a percentage amount equal to
the percentage change in the U.S. Department of Labor, Bureau of Labor
Statistics, Consumer Price Index of all items, Base 1982-1984, which
occurred during the previous term or renewal term, as the case may be,
for the Los Angeles -Anaheim -Riverside Consolidated Metropolitan
Statistical Area.
4.3 Preference for City -Owned Property. In any situation where Metricom
has a choice of attaching its Radios to either City -owned property or
third -party -owned property in the Public Right of Way, Metricom agrees to
attach to City -owned poles or other City -owned property, provided that such
City -owned poles or other City -owned property are at least equally suitable
functionally for the operation of Metricom's RicochetTM system and the fee
associated with such attachment is equal or less than the fee or cost to Metricom
of attaching to the alternative third -party -owned property.
4.4 RicochetTM Tradeout Option. Notwithstanding anything to the contrary
in this Permit, the City shall have the right to elect to receive one of the following
tradeouts in lieu of the amount of the Annual Fee specified in connection with
each such tradeout option:
(a) up to fifty (50) subscriptions to use Metricom's RicochetTM Services
in the City for so long as Metricom maintains Radios in use in the
ratio specified below of City owned poles or other City owned
property pursuant to this Permit. Such option may be exercised by
City in increments of one (1) subscription in lieu of the Annual Fee
for one (1) Radio. Metricom shall provide such subscriptions at
such time as Metricom is providing commercial service in the City,
provided that prior to such service date City shall not be entitled to
receive the Annual Fee or other compensation in lieu thereof.
Metricom will not be required to pay the Annual Fee for the
number of Radios installed on City owned poles or other City
owned property equal to the number of subscriptions the City
elects to receive as provided above. The number of Radios installed
on City owned poles or other City owned property in excess of the
number of subscriptions the City elects to receive shall be subject to
the Annual Fee. City's use of the subscriptions shall be subject to
Attachment Permit Agreement
Cihj of Diamond Bar:: Metricom, Inc.
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Metricom from the payment of any applicable City permit fee for work
undertaken in connection with this Permit.
4.6 Potential Utility Users' Tax. Metricom acknowledges and agrees that the
City may require users of revenue-producing services such as the Services to pay
a utility users' tax ("Utility Tax') to the City pursuant to City's Municipal Code.
If the City determines that the Services are subject to the Utility Tax, Metricom
agrees to collect the tax from Service users and remit such tax to the City in
accordance with City's Municipal Code.
4.7 Most -Favored Nation Clause. Should Metricom after the parties'
execution and delivery of this Permit enter into an attachment permit agreement
with another municipality of the same size or smaller than the City in the Los
Angeles Metropolitan Statistical Area which agreement contains financial
benefits for such municipality which, taken as a whole and balanced with the
other terms of such agreement, are substantially superior to those in this Permit,
City shall have the right to request that Metricom modify this Permit to
incorporate the same or substantially similar superior benefits and such other
terms.
5 REMOVAL AND RELOCATION OF RADIOS. Metricom understands and acknowledges
that City may require Metricom to relocate one or more of its Radios, and Metricom
shall at City's direction relocate such Radios at Metricom's sole cost and expense,
whenever City reasonably determines that the relocation is needed for any of the
following purposes: (a) to facilitate or accommodate the construction, completion,
repair, relocation, or maintenance of a City project or for the undergrounding of utility
lines; (b) because the Radio is interfering with or adversely affecting proper operation
of City light poles, traffic signals, or other City facilities; or (c) to protect or preserve the
public health, safety, or welfare. If Metricom shall fail to relocate any Radios as
requested by the City in accordance with the foregoing provision, City shall be entitled
to relocate the Radios at Metricom's sole cost and expense, without further notice to
Metricom.
5.1 Metricom Desires Relocation. In the event Metricom desires to relocate
any Radios from one City -owned pole or other property to another City -owned
pole or other property, Metricom shall so advise City. City will use its best
efforts to accommodate Metricom by making another functionally equivalent
City -owned pole or other property available for use in accordance with and
subject to the terms and conditions of this Permit.
5.2 Discontinuation of Service. In the event that any Radio subject to this
Permit is abandoned and no longer placed in service for a period -of six (6)
Attachment Permit Agreement
Cihj of Diamond Bar:: Metricom, Inc.
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months or more, Metricom promptly shall notify the City, and the City, at its
option, may require Metricom promptly to remove the abandoned Radio(s) at
Metricom's sole cost and expense or dedicate the same to the City. The City shall
not issue notice to Metricom that the City intends to exercise the option to
require removal or dedication of Radios, unless and until the City first gives
fifteen (15) days' prior written notice to Metricom to remove the Radios. If
Metricom shall fail to remove the Radios as required by the City, the City shall be
entitled to remove the Radios at Metricom's sole cost and expense. Metricom
shall execute such documents of title as will convey all right, title, and interest in
the abandoned Radios, but in no other Metricom property, intellectual or
otherwise, to the City.
5.3 Damage to Right -of -Way. Whenever the removal or relocation of Radios
is required under this Permit, and such removal or relocation shall cause the
Public Right of Way to be damaged, Metricom, at its sole cost and expense, shall
promptly repair and return the Public Right of Way in which the Radios are
located to a safe and satisfactory condition to the satisfaction of the City's
Director of Public Works. If Metricom does not repair the site as just described,
then the City shall have the option, upon fifteen (15) days' prior written notice to
Metricom, to perform or cause to be performed such reasonable and necessary
work on behalf of Metricom and to charge Metricom for the proposed costs to be
incurred or the actual costs incurred by the City at City's standard rates. Upon
the receipt of a demand for payment by the City, Metricom shall reimburse the
City for such costs.
6 INDEMNIFICATION, WAIVER, AND BOND. Metricom agrees to indemnify, defend
(with counsel reasonably acceptable to the City), protect, and hold harmless the City,
its council members, officers, employees, and agents from and against any and all
claims, demands, losses, damages, liabilities, fines, charges, penalties, administrative
and judicial proceedings and orders, judgements, remedial actions of any kind, all costs
and cleanup actions of any kind, and all costs and expenses incurred in connection
therewith, including reasonable attorney's fees and costs of defense (collectively, the
"Losses") arising, directly or indirectly, in whole or in part, out of the activities or
facilities described in this Permit, except to the extent arising from or caused by the
negligence or willful misconduct of the City, its council members, officers, employees,
agents, or contractors.
6.1 Waiver of Breach. The waiver by the City of any breach or violation of
any Provision of this Permit by Metricom shall not be deemed to be a waiver or a
continuing waiver by the City of any subsequent breach or violation of the same
or any other Provision of this Permit by Metricom.
Attachment Permit Agreement
City of Diamond Bar:: Metricom, Inc.
page 10 of 16
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6.2 Waiver of Claims. Metricom waives any and all claims, demands, causes
of action, and rights it may assert against the City on account of any loss,
damage, or injury to any Radio or any loss or degradation of the Services as a
result of a sudden or gradual loss or change of electrical power caused by,
among others events, an Act of God, an event or occurrence which is beyond the
reasonable control of the City, a power outage, a lightning strike, or occasioned
by the installation, maintenance, replacement or relocation of any City -owned
facility to which such Radio is attached.
6.3 Limitation of City's Liability. The City shall be liable only for the cost of
repair to damaged Radios arising from the negligence or willful misconduct of
City or its employees or agents, and the City shall not be responsible for any
damages, losses, or liability of any kind occurring by reason of anything done or
omitted to be done by the City or by any third party, including damages, losses,
or liability arising from the issuance or approval by the City of a permit to any
third party or any interruption in Services.
6.4 Bond or Other Security. Prior to the commencement of any work under
this Permit, Metricom shall furnish or cause to be furnished to City a good and
sufficient bond, substantially in the form attached hereto as Exhibit C entitled
Surety Bond, in the amount of Two Thousand Five Hundred Dollars ($2,500), or
such other comparable security instrument as may be approved by the City's
attorney or risk manager, securing the faithful performance by Metricom of all of
the work, construction, installation, and removals required to be performed by
Metricom under this Permit within the time periods set forth hereunder.
7 INSURANCE. Metricom shall obtain and maintain at all times during the term of this
Permit (including the period between the expiration hereof and Metricom's removal of
its Radios or other equipment from the Public Right of Way) comprehensive general
liability insurance and comprehensive automobile liability insurance protecting
Metricom in an amount not less than One Million Dollars ($1,000,000) per occurrence
(combined single limit), including bodily injury and property damage, and in an
amount not less than One Million Dollars ($1,000,000) aggregate for each personal
injury liability, products -completed operations, and each accident. Such insurance
policies shall name the City, its council members, officers, employees, and agents as
additional insureds as respects any liability arising out of Metricom s performance of
work under this Permit. Coverage shall be provided in accordance with the limits
specified and the Provisions indicated herein. Claims -made policies are not acceptable.
When an umbrella or excess coverage is in effect, coverage shall be provided in
following form. Such insurance shall not be canceled or materially altered to reduce
coverage until the City has received at least thirty (30) days' advance written notice of
Attachment Permit Agreement
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of the comprehensive general liability and comprehensive automobile liability
policies.
7.5 Contractors' and Subcontractors' Insurance. Metricom shall require that
all contractors and subcontractors obtain insurance meeting the criteria set forth
herein and shall furnish to the City copies of all certificates evidencing such
policies of insurance.
7.6 Insurance and Indemnification Obligation. Metricom's compliance with
the insurance requirements herein shall not excuse, replace, or otherwise affect
Metricom s duty to indemnify and defend the City pursuant to § 6 of this Permit.
8 NOTICES. All notices which shall or may be given pursuant to this Permit shall be in
writing and delivered personally or transmitted (a) through the United States mail, by
registered or certified mail, postage prepaid; (b) by means of prepaid overnight
delivery service; or (c) by facsimile transmission, if a hard copy of the same is followed
by delivery through the U. S. mail or by overnight delivery service as just described,
addressed as follows:
if to the City:
CITY OF DIAMOND BAR
Attn: Terrence Bellanger, City Manager
21660 East Copley Drive, Suite 100
Diamond Bar, CA 91765
if to Metricom:
METRICOM, INC.
Attn: Property Manager
980 University Avenue
Los Gatos, CA 95030
Notices shall be deemed given upon receipt in the case of personal delivery, three (3)
days after deposit in the mail, or the next day in the case of overnight delivery. Either
party may from time to time designate any other address for this purpose by written
notice to the other party delivered in the manner set forth above.
9 TERMINATION. This Permit may be terminated by either party upon forty five (45)
days' prior written notice to the other party upon a default of any material covenant or
term hereof by such other party, which default is not cured within forty-five (45) days
of receipt of written notice of default (or, if such default is not curable within forty-five
(45) days, if the defaulting party fails to commence such cure within forty-five (45)
Attachment Permit Agreement
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days or fails thereafter diligently to prosecute such cure to completion), provided that
the grace period for any monetary default shall be ten (10) days from receipt of notice.
As used in this § 9, the term default shall include, with respect to Metricom's obligations
hereunder, Metricom's failure (i) to comply with the restrictions established in § 3,
(ii) timely to pay any sums owing to the City under § 4, and (iii) to maintain, deploy,
relocate, or remove its Radios as provided in § 5 hereof.
10 ASSIGNMENT. This Permit shall not be assigned by Metricom without the express
written consent of the City, which consent shall not be unreasonably withheld,
conditioned, or delayed. Any attempted assignment in violation of this § 10 shall be
void. Notwithstanding the foregoing, the transfer of the rights and obligations of
Metricom hereunder to a parent, subsidiary, or financially viable affiliate of Metricom
or to any successor -in -interest or entity acquiring all or substantially all of Metricom's
outstanding voting stock or assets shall not be deemed an assignment or transfer for
the purposes of this Permit, provided that (i) any such transferee will have a financial
strength after the proposed transfer at least equal to that of Metricom prior to the
transfer, (ii) any such transferee assumes all the obligations of Metricom hereunder,
and (iii) Metricom shall not be released from the obligations of this Permit by virtue of
such transfer. If such criteria are satisfied, it shall not be deemed reasonable for the
City to withhold its consent to the proposed transfer, unless the proposed transferee
has a record of performance under similar agreements which is unacceptable to the
City under a reasonable standard of evaluation. Lack of prior specific experience in
administering a system providing the Services described in this Permit shall not, by
itself, be deemed a reasonable basis for refusing or conditioning the City's consent.
Metricom shall give to the City thirty (30) days' prior written notice of any proposed
transfer for which notice is required hereunder. In the case of any proposed transfer
for which the City's consent is required hereunder, Metricom agrees to reimburse the
City for its reasonable expenses incurred in reviewing such transfer proposal.
11 MISCELLANEOUS PROVISIONS. The provisions which follow shall apply generally to
the obligations of the parties under this Permit.
11.1 Nonexclusive Use. Metricom understands that this Permit does not
provide Metricom with exclusive use of any City -owned poles or property and
that City shall have the right to permit other providers of telecommunications
services to install equipment or devices in the Public Right of Way; however,
City shall endeavor promptly to notify Metricom of the receipt of a proposal for
the installation of communications equipment or devices in the Public
Right of Way, regardless of whether a license is required by the FCC for the
operation thereof.
Attachment Permit Agreement
City of Diamond Bar:: Metricom, Inc.
page 14 of 16
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11.2 Amendment of Permit. This Permit may not be amended except
pursuant to a written instrument signed by both parties.
11.3 Severability of Provisions. If any one or more of the Provisions of this
Permit shall be held by court of competent jurisdiction in a final judicial action to
be void, voidable, or unenforceable, such Provision(s) shall be deemed severable
from the remaining Provisions of this Permit and shall in no way affect the
validity of the remaining portions of this Permit.
11.4 All-Hours Contact. Metricom shall be available to the staff employees of
any City department having jurisdiction over Metricom's activities twenty-four
(24) hours a day, seven (7) days a week, regarding problems or complaints
resulting from the attachment, installation, operation, maintenance, or removal
of the Radios. The City may contact by telephone the network control center
operator at telephone number (800) 556-6123 regarding such problems or
complaints.
11.5 Governing Law; Jurisdiction. This Permit shall be governed and
construed by and in accordance with the laws of the State of California. In the
event that suit is brought by a party to this Permit, the parties agree that trial of
such action shall be vested exclusively in the state courts of California, County of
Los Angeles, or in the United States District Court, Central District of California
in the County of Los Angeles.
11.6 Attorneys' Fees. Should any dispute arising out of this Permit lead to
litigation, the prevailing party shall be entitled to recover its costs of suit,
including reasonable attorneys' fees.
11.7 Exhibits. All exhibits referred to in this Permit and any addenda,
attachments, and schedules which may from time to time be referred to in any
duly executed amendment to this Permit are by such reference incorporated in
this Permit and shall be deemed a part of this Permit.
11.8 Successors and Assigns. This Permit is binding upon the successors and
assigns of the parties hereto.
11.9 Rules, Regulations, and Specifications. Metricom acknowledges that the
City may develop rules, regulations, and specifications, including a general
ordinance or other regulation governing wireless telecommunications in the City
(the "Regulations"), for the attachment, installation, and removal of Radios and
any similar purpose devices on the City-owned facilities, including poles, and
that such Regulations, when finalized, shall govern Metricom s activities
hereunder as if they had been in effect at the time this Permit was executed by
Attachment Permit Agreement
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the City; provided, however, that in no event shall such Regulations materially
interfere with or affect M-etricom's right to install Radios or Metricom's ability to
transmit or receive radio signals from Radios installed pursuant to and in
accordance with this Permit or materially increase Metricorn's obligations
hereunder.
11.10 Advice of Displacement. To the extent the City has actual knowledge
thereof, the City will attempt to inform Metricom of the displacement of any pole
on which any Radio is located,
11.11 Consent Criteria. In any case where the approval or consent of one party
hereto is required, requested or otherwise to be given under this Permit, such
party shall not unreasonably delay, condition, or withhold its approval or
consent,
11.12 Entire Agreement. This Permit contains the entire understanding
between the parties with respect to the subject matter herein. There are no
representations, agreements, or understandings (whether oral or written-)
betvveen or among the parties relating to the subject matter of this Permit which
art not fully expressed herein.
11\1 MTNESS VWqERE0V the parties have executed this Perrmt as of the date first
above written,
Cit
CM OF DIAMOND BAR,a California municipal corporation
inarne
Its.,
mehico"I'. METRICOM, INC., a Delawa i corporation
,a
By. /JW1
1 ts:
Attachment PerwirtAgnvinent
(Wy oft'iarrivoid Bar.: Aletricorri, ln,:-
Page 16 ,?[ 16
EXHIBIT A-1
U_
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O
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M�m bw-
930 IIaim=dry Ax
Lear CA 95830
Poletop Radio
Mounting
i
EXHIBIT A-2
[EXHIBIT B]
[PROPOSED RADIO LOCATIONS]
PROPOSED LOCATIONS TO BE PROVIDED
AFTER REVIEW OF STREET LIGHT MAPS
AND PRIOR TO DEPLOYMENT
[EXHIBIT C]
[FORM OF SURETY BOND]
Bond Number:
SURETY BOND
KNOW ALL MEN BY THESE PRESENTS:
That METRICOM, INC. as Principal, and
incorporated under the laws of the State of , and authorized to
execute bonds and undertakings as sole surety, are held and firmly bound unto
as Obligee, in the sum of
($ ); for the payment thereof, well truly to be made, said Principal and
Surety bind themselves, their administrators, successors and assigns, jointly and
severally, firmly by these presents.
The condition of the foregoing obligation is such that:
WHEREAS, the above bounden Principal is about to enter into a certain agreement with
the Obligee for the following: . the
award of which said agreement was made to the Principal by the Obligee, on
NOW THEREFORE, if the Principal shall well, truly and faithfully perform its
duties, all the undertakings, covenants, terms, conditions, and provisions of said
agreement during the original term thereof, and any extensions thereof which may be
granted by the Obligee, with or without notice to the Surety, and if he shall satisfy all
claims and demands incurred under such agreement, and shall fully indemnify and
save harmless the Obligee from all costs and damages which it may suffer by reason of
failure to do so, and shall reimburse and repay the Obligee all outlay and expenses
which the Obligee may incur in making good any default, then this obligation shall be
void; otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received, hereby
stipulates and agrees that no change, extension of time, alteration or addition to the
terms of the agreement or to the work to be performed thereunder or the specifications
accompanying the same shall in any way affect its obligation on this bond, and it does
Metricom Bond Form
page ] of 2
hereby waive notice of any such change, extension of time, alteration or addition to the
terms of the agreement or to the work or to the specifications.
PROVIDED, HOWEVER, this bond is issued subject to the following express
conditions:
1. This bond shall be deemed continuous in form and shall remain in full force and
effect until canceled under Section after which all liability ceases except as
to any liability incurred or accrued prior to the date of such cancellation.
2. The aggregate liability of the Surety hereunder on all claims whatsoever shall not
exceed the penal sum of this bond in any event.
3. The surety reserves the right to withdraw as surety from this bond, except as to
any liability incurred or accrued, and may do so upon giving the Obligee sixty
(60) days written notice.
SIGNED AND SEALED this day of ,19
PRINCIPAL SURETY
Title:
(Type Company Name)
By:
Title:
Address:
Telephone:
(Affix Corporate Seals)
(Attach Acknowledgments of both Principal and Surety signatures)
Metricom Bond Form
page 2 of 2
.. _ . , . . - t . .�:y^"..,�.-c�.M S.��fia Y'S�-'��iC...6���+t`%�a���15� .+.1'�. 4 w�#i..`eAc"�•:.,.... .,-r .
7� •�'r1 �: Al
6.
MEMORANDUM
TO: Honorable Mayor and Members of City Council
FROM: Terrence L. Belanger, City Manager lW
RE: Proposed Increase in Hourly Rate for City Attorney
DATE: November 18, 1997
ISSUE:
Shall the City Attorney's general legal services hourly rate, for the first forty-five (45)
hours per month, be increased from $125.00 per hour to $130.00 per hour?
RECOMMENDATION:
It is recommended that the City Council approve an increase in the City Attorney's general
legal services hourly rate (for the first forty-five (45) hours per month), from $125.00 per
hour to $130.00 per hour, effective July 1, 1997.
DISCUSSION:
The City Attorney (Richards, Watson and Gershon) began providing general legal services
to the City of Diamond Bar, in March, 1995. Hourly rate agreement was for the first
forty-five (45) hours monthly to be billed at the rate of $125.00 per hour. Each hour,
beginning with hour forty-six (46), was to be billed at the rate of $135.00 per hour.
The City Attorney has proposed a $5.00 per hour increase in the general legal services
hourly rate, for the first forty-five (45) monthly hours. The $5.00 per hour increase
($125.00 to $130.00) results in an annual additional cost of $2,700 ($225.00 per month).
This dollar amount equates to a 4.0% increase in the first level of general legal services
hourly rate
It should be noted that the City Attorney had proposed this change in hourly in timely
manner relative to the FY 1997-98 Municipal Budget. During the budget worksession,
the general legal services first level hourly rate increase was discussed and agreed upon.
Although the general legal services budget amount is sufficient to cover the proposed
increase, the budget message did not reflect the hourly rate increase proposal. This
recommendation reconciles the budget document oversight.
INTEROFFICE MEMORANDUM
TO: MEMBERS OF COUNCIL CITY MANAGER EVALUATION COMMITTEE
FROM: MAYOR HUFF AND MAYOR PRO TEM HERRERA
RE: CITY MANAGER COMPENSATION AND CONTRACT MODIFICATIONS
DATE: SEPTEMBER 2, 1997
The City Council has not modified the City Manager's agreement since September, 1995. With
the completion of the City Manager's evaluation, by the Council, it is appropriate to discuss and
recommend improvements in the City Manager's salary and compensation.
DISCUSSION: The City Manager has not had an adjustment in salary and benefits, except for
monetary changes in the cafeteria benefit amount, since September 1995. In consideration of the
time since the previous modification of the City Manager's agreement and the City Manager's
recent evaluation, several modifications to the agreement, salary range, and benefits are proposed.
1. Salary and Benefits:
Instead of a salary, (which includes payroll -based benefits, PERS, workers compensation,
and medicare), an amount approximately equivalent to a six percent (6%) increase in
salary and basic benefits is proposed to be contributed instead to Ca1PERS, on behalf of
the City Manager to "buy back" military service time (8/1/63 to 5/31/67). The bi-weekly
contributions would be $263.86. The annual cost would be $6,860.36 for the military
service buyback. The total cost of a six percent (6%) would be $6,834.80 (salary =
$5,800; Ca1PERS=$790; workers compensation=$160; medicare=$85).
Although a salary change is not proposed, the establishment of a salary range for the City
Manager is proposed. The salary range provides a mechanism for maintaining an
appropriate salary differential between the City Manager's salary range and the salary
ranges of City Manager subordinates. The proposed range is $83,508.91 to $111,909.92.
2. Definition of Involuntary Termination for Cause:
The City Manager has requested that the definition of Involuntary Termination for cause
be defined pursuant to the California Joint Powers Insurance Authority's (CJPIA) Special
Liability Protection Section 15 (attached hereto). The language found in the recommen-
dation hereinafter set forth is the CJPIA's involuntary termination for cause language,
which is found in Section 15 of the Special Liability Protection Program.
City Manager Compensation and Contract Modifications Memorandum
Spetember 2, 1997
Page Two
3. Comprehensive Administrative Leave:
The City Manager currently receives annual accruals of a variety of paid leaves:
vacation= 160 hrs; sick=30 hrs; administrative=80hrs; and floating= I 6hrs. Vacation and
sick leaves can be accumulated up to a maximum amount (240 hrs and 160 hrs,
respectively). Administrative leave and floating holidays are not now accumulated.
Vacation and sick leaves are payable to the Manager, upon leaving the City's service.
Administrative leave and floating holidays are not payable upon separation from City
service.
The proposal here is to create Comprehensive Administrative Leave as the method for
accruing, accumulating and paying at separation, such leave. The proposal would provide
three hundred sixty (360) hours of Comprehensive Administrative Leave (CAL) to the
City Manager annually, accrued bi-weekly. CAL would not have a maximum accumulated
limit. CAL would be payable, at the time of separation from service. Forty (40)' hours of
CAL must be utilized each fiscal year, in that forty (40) hours of CAL would not be
carried over annually (320 hours may be accumulated and carried once annually).
With this in mind, the following modifications to the City Manager employment agreement are
recommended:
1. CONTRACT MODIFICATIONS:
Section 3, TERMINATION AND SEVERANCE PAY:
A. The City Council may terminate the employment of the Manager at any time, provided
however, that if and when such employment is involuntarily terminated without cause,
City shall pay Manager a lump sum cash payment equal to the monetary value of six (6)
months salary and benefits, which are set forth in Exhibit "A ".
B. Involuntary termination for cause means ending the employment of Manager because
Manager has been convicted of robbery, bribery, extortion, embezzlement, fraud, grand
larceny, burglary, arson, a felonry violation of a state or federal law regulating a
controlled substance (felony -drug conviction), murder, rape, kidnapping, perjury, assault
with intent to kill, or any felony involving abuse or misuse of the City Manager's position
to obtain an illegal personal gain.
C. In the event the Manager desires to resign his position with City, then Manager shall
give City sixty (60) days written notice thereof in advance.
City Manager Compensation and Contract Modifications Memorandum
Spetember 2, 1997
Page Three
Section 7, OTHER BENEFITS:
A. Manager shall be entitled to observe holidays on the same basis as management
employees. Cafeteria benefits, Ca1PERS contributions and other similar benefits provided
to other management employees shall be provided to the Manager on the same basis.
B. Effective July 1, 1997, Manager shall be entitled to Comprehensive Annual Leave
(CAL); in lieu of, vacation, sick, administrative, and floating holiday leave(s). Manager
shall be entitled to three hundred sixty (360) hours per fiscal year in Comprehensive
Annual Leave. With the exception of forty (40) hours per fiscal year, any and all
Comprehensive Annual Leave maybe carried over from one fiscal year to another. All
accrued and accumulated Comprehensive Annual Leave is payable upon termination of
employment.
C. Manager shall be permitted to attend, at City expense, professional conferences,
seminars, workshops, meetings and other similar activities, approved and allocated, by the
City Council through the budget or other appropriate process(es).
Section 8, RETIREMENT CONTRIBUTIONS:
A. City and Manager recognize that City has completed the legally required procedure to
contract with the Public Employees Retirement System. To the extent the same is legally
permissible, City agrees to endeavor to enroll Manager therein. City agrees to pay
Manager's share of the PERS contribution in addition to the City's share thereof.
B. The City shall also contribute, on behalf of the City Manager, $263.86 in bi-weekly
payments to the California Public Employees' Retirement System (Ca1PERS), to add four
years of service credit to the City Manager's retirement account for City Manager's
military service (8101163 to 5117167).
2. AMENDMENT TO RESOLUTION NO. 96-53C:
A. Salary range, Schedule A, be modified to include a salary range for the position of City
Manager.
CALIFORNIA JOINT POWERS INSURANCE AUTHORITY
SPECIAL LIABILITY PROTECTION
SECTION 15. TERMINATION OF CITY MANAGER'S EMPLOYMENT LIABILITY
PROTECTION
15.1 Protection Clause
Subject to all provisions of this Memorandum, the Authority shall cause
this Program to pay on behalf of the Protected Party the Unemployment
Protection Payment, in exchange for a Waiver and Certification, in the
event of Involuntary Termination of a City Manager's Employment, caused
by an Occurrence during the Protection Period of this Memorandum
specified on the Cover Page.
15.2 Definitions Applicable to this Section 15
Involuntary Termination of a City Manager's Employment means injury
arising out of the following:
a. Dismissal, discharge or termination of the employment of a
City Manager.
b. Failure to renew an employment contract which results in
termination of the employment of a City Manager;
Involuntary Termination of a City Manager's Employment injury
does not occur if the dismissal, discharge, termination of
employment or failure to renew a contract is for cause, for the
reasons stated in 29 USC, Section 1111, of the Employee
Retirement Income Security Act of 1974. Termination for cause
means ending the employment of a City Manager because the City
Manager has been convicted of robbery, bribery, extortion, .
embezzlement, fraud, grand larceny, burglary, arson, a felony
violation of a state or federal law regulating a controlled substance
(felony drug conviction), murder, rape, kidnapping, perjury, assault
with intent to kill, or any felony involving abuse or misuse of the
City Manager's position to obtain an illegal personal gain.
Benefits means perquisites, fringe benefits, payments in connection with an
employee benefits plan, other than the Medical Benefit, or any other
payment, other than salary or wages, to or for the benefit of a City
Manager.
Certification means a signed statement by a City Manager that he is entitled
to the Unemployment Protection Payment because he is unemployed or is
employed but at a specified, lower salary than he was earning at the time of
the Occurrence.
City Manager means the governing body -appointed chief administrative
officer of a Protected Party whether called City Manager, Chief
Administrative Officer or other title designating the highest appointed
official of the governmental entity.
Medical Benefit means the cost of all benefits to which the City Manager is
entitled under the Comprehensive Omnibus Budget Reconciliation Act of
1986 (COBRA).
Occurrence means the ending of a City Manager's employment by a
Protected Party which results in Involuntary Termination of a City
Manager's Employment.
Unemployment Protection Payment means a payment which shall be paid
once a month, for a time period not to exceed six months (the "Payment
Period") following the Waiting Period that shall equal the amount of the
City Manager's salary at the time of the Occurrence plus payment of the
Medical benefit less any amount of compensation earned, while self-
employed or an employee, or any other payment received as a result of the
Occurrence during the Payment Period.
"Salary," for purposes of this Unemployment Protection Payment,
means the regular monthly compensation of the City Manager,
whether paid monthly, bi-weekly, semi-monthly or otherwise, and
does not include Benefits, bonuses, car allowances, expense or
other allowances, contributions to the Public Employees Retirement
System or any deferred compensation payments made on behalf of
the City Manager by the Protected Party.
Waiting Period means a period of time after the Occurrence equal to the
greater of (1) six months or (2) the number of months of salary received by
the City Manager as a severance payment from the Member.
Waiver means a full and complete relinquishment by a City Manager of any
and all rights to sue a Protected Party for any Benefit, compensation, injury
or damages, known or unknown, past, present or future, arising out of the
employment of, termination of the employment or, or failure to employ the
City Manager.
Schedule A
CITY OF DIAMOND BAR
SALARY RANGES BY POSITION
FY 1997-98
JOB TITLE
A
B
C
D
E
F
G
Receptionist
834
8.34
8.75
9.19
9.65
10.13
10.64
11.17
1,444.98
1,517.23
1,593.09
1,672.74
1,756.38
1,844.20
1,936.41
17,339.74
18,206.73
19,117.06
20,072.92
21,076.56
22,130.39
23,236.91
Jr. Clerk Typist
967
9.67
10.15
10.66
11.19
11.75
12.34
12.96
1,675.94
1,759.73
1,847.72
1,940.11
2,037.11
2,138.97
2,245.92
20,111.25
21,116.81
22.,172.65
23,281.29
24,445.35
25,667.62
26,951.00
Community Services
967
9.67
10.15
10.66
11.19
11.75
12.34
12.96
Coordinator
1,675.94
1,759.73
1,847.72
1,940.11
2,037.11
2,138.97
2,245.92
20,111.25
21,116.81
22,172.65
23,281.29
24,445.35
25,667.62
26,951.00
Clerk Typist
1037
10.37
10.89
11.44
12.01
12.61
13.24
13.90
1,798.21
1,888.12
1,982.52
2,081.65
2,185.73
2,295.02
2,409.77
21,578.48
22,657.40
23,790.27
24,979.78
26,228.77
27,540.21
28,917.22
Account Clerk I
1037
10.37
10.89
11.44
12.01
12.61
13.24
13.90
1,798.21
1,888.12
1,982.52
2,081.65
2,185.73
2,295.02
2,409.77
21,578.48
22,657.40
23,790.27
24,979.78
26,228.77
27,540.21
28,917.22
Adminstradve
1136
11.36
11.93
12.53
13.15
13.81
14.50
15.23
Analyst
1,969.51
2,067.99
2,171.39
2,279.96
2,393.96
2,513.65
2,639.34
23,634.16
24,815.87
26,056.66
27,359.49
28,727.47
30,163.84
31,672.03
Secretary
1141
11.41
11.98
12.58
13.20
13.87
14.56
15.29
1,977.19
2,076.05
2,179.85
2,288.85
2,403.29
2,523.45
2,649.62
23,726.29
24,912.60
26,158.23
27,466.14
28,839.45
30,281.42
31,795.49
Account Clerk H
1141
11.41
11.98
12.58
13.20
13.87
14.56
15.29
1,977.19
2,076.05
2,179.85
2,288.85
2,403.29
2,523.45
2,649.62
23,726.29
24,912.60
26,158.23
27,466.14
28,839.45
30,281.42
31,795.49
Code Enforcement
1193
11.93
12.53
13.15
13.81
14.50
15.23
15.99
Officer
2,068.11
2,171.52
2.280.09
2,394.10
2,513.80
2,639.49
2,771.47
24,817.34
26,058.20
27,361.11
28,729.17
30,165.63
31,673.91
33,257.60
Parks Maintenance
1203
12.03
12.63
13.26
13.93
14.62
15.35
16.12
Worker H
2,085.34
2,189.61
2,299.09
2,414.04
2,534.75
2,661.48
2,794.56
25,024.10
26,275.31
27,589.08
28,968.53
30,416.96
31,937.80
33,534.69
Deputy City Clerk
1257
12.57
13.20
13.86
14.55
15.28
16.04
16.85
2,179.08
2,288.03
2,402.44
2,522.56
2,648.69
2,781.12
2,920.18
26,148.96
27,456.41
28,829.23
30,270.69
31,784.23
33,373.44
35,042.11
Administrative
1257
12.57
13.20
13.86
14.55
15.28
16.04
16.85
Secretary
2,179.08
2,288.03
2,402.44
2,522.56
2,648.69
2,781.12
2,920.18
26,148.96
27,456.41
28,829.23
30,270.69
31,784.23
33,373.44
35,042.11
Schedule A
CITY OF DIAMOND BAR
SALARY RANGES BY POSITION
FY 1997-98
JOB TITLE
A
B
C
D
E
F
G
Administrative
1257
12.57
13.20
13.86
14.55
15.28
16.04
16.85
Assistant
2,179.08
2,288.03
2,402.44
2,522.56
2,648.69
2,781.12
2,920.18
26,148.96
27,456.41
28,829.23
30,270.69
31,784.23
33,373.44
35,042.11
Management
1257
12.57
13.20
13.86
14.55
15.28
16.04
16.85
Information System
2,179.08
2,288.03
2,402.44
2,522.56
2,648.69
2,781.12
2,920.18
(MIS) Assistant
26,148.96
27,456.41
28,829.23
30,270.69
31,784.23
33,373.44
35,042.11
Engineering
1519
15.19
15.95
16.75
17.59
18.47
19.39
20.36
Technician
2,633.35
2,765.02
2,903.27
3,048.44
3,200.86
3,360.90
3,528.95
31,600.25
33,180.26
34,839.27
36,581.24
38,410.30
40,330.81
42,347.35
Planning
1519
15.19
15.95
16.75
17.59
18.47
19.39
20.36
Technician
2,633.35
2,765.02
2,903.27
3,048.44
3,200.86
3,360.90
3,528.95
31,600.25
33,180.26
34,839.27
36,581.24
38,410.30
40,330.81
42,347.35
Community Relations
1519
15.19
15.95
16.75
17.59
18.47
19.39
20.36
Coordinator
2,633.35
2,765.02
2,903.27
3,048.44
3,200.86
3,360.90
3,528.95
31,600.25
33,180.26
34,839.27
36,581.24
38,410.30
40,330.81
42,347.35
Secretary to the
1635
16.35
17.16
18.02
18.92
19.87
20.86
21.91
City Manager
2,833.35
2,975.02
3,123.77
3,279.96
3,443.96
3,616.16
3,796.96
34,000.23
35,700.25
37,485.26
39,359.52
41,327.50
43,393.87
45,563.56
Assistant Civil
1635
16.35
17.16
18.02
18.92
19.87
20.86
21.91
Engineer
2,833.35
2,975.02
3,123.77
3,279.96
3,443.96
3,616.16
3,796.96
34,000.23
35,700.25
37,485.26
39,359.52
41,327.50
43,393.87
45,563.56
Assistant Planner
1635
16.35
17.16
18.02
18.92
19.87
20.86
21.91
2,833.35
2,975.02
3,123.77
3,279.96
3,443.96
3,616.16
3,796.96
34,000.23
35,700.25
37,485.26
39,359.52
41,327.50
43,393.87
45,563.56
Sec to the City Mgr/
1890
18.90
19.84
20.83
21.88
22.97
24.12
25.32
Office Manager
3,275.60
3,439.38
3,611.35
3,791.92
3,981.51
4,180.59
4,389.62
39,307.22
41,272.58
43,336.21
45,503.02
47,778.17
50,167.08
52,675.43
Community Relations
1897
18.97
19.92
20.92
21.96
23.06
24.21
25.42
Manager
3,288.38
3,452.80
3,625.44
3,806.71
3,997.05
4,196.90
4,406.74
39,460.55
41,433.58
43,505.25
45,680.52
47,964.54
50,362.77
52,880.91
Assistant to the
1897
18.97
19.92
20.92
21.96
23.06
24.21
25.42
City Manager
3,288.38
3,452.80
3,625.44
3,806.71
3,997.05
4,196.90
4,406.74
39,460.55
41,433.58
43,505.25
45,680.52
47,964.54
50,362.77
52,880.91
Superintendent of
1897
18.97
19.92
20.92
21.96
23.06
24.21
25.42
Parks/Maintenance
3,288.38
3,452.80
3,625.44
3,806.71
3,997.05
4,196.90
4,406.74
39,460.55
41,433.58
43,505.25
45,680.52
47,964.54
50,362.77
52,880.91
JOB TITLE
Senior Accountant 1897
Associate Planner 1987
Associate Engineer 1987
Transportation 1987
Planner
Accounting Manager 2039
Senior Planner 2136
Senior Engineer 2136
City Clerk 2319
Community Services 2319
Director
Assistant Finance 2319
Director
Deputy PW Director 2571
CITY OF DIAMOND BAR Schedule A
SALARY RANGES BY POSITION
FY 1997-98
A
B
C
D
E
F
G
18.97
19.92
20.92
21.96
23.06
24.21
25.42
3,288.38
3,452.80
3,625.44
3,806.71
3,997.05
4,196.90
4,406.74
39,460.55
41,433.58
43,505.25
45,680.52
47,964.54
50,362.77
52,880.91
19.87
20.86
21.91
23.00
24.15
25.36
26.63
3,444.32
3,616.54
3,797.36
3,987.23
4,186.59
4,395.92
4,615.72
41,331.84
43,398.43
45,568.35
47,846.77
50,239.11
52,751.06
55,388.62
19.87
20.86
21.91
23.00
24.15
25.36
26.63
3,444.32
3,616.54
3,797.36
3,987.23
4,186.59
4,395.92
4,615.72
41,331.84
43,398.43
45,568.35
47,846.77
50,239.11
52,751.06
55,388.62
19.87
20.86
21.91
23.00
24.15
25.36
26.63
3,444.32
3,616.54
3,797.36
3,987.23
4,186.59
4,395.92
4,615.72
41,331.84
43,398.43
45,568.35
47,846.77
50,239.11
52,751.06
55,388.62
20.39
21.41
22.48
23.61
24.79
26.03
27.33
3,535.01
3,711.76
3,897.34
4,092.21
4,296.82
4,511.66
4,737.25
42,420.08
44,541.08
46,768.14
49,106.54
51,561.87
54,139.96
56,846.96
21.36
22.43
23.55
24.73
25.96
27.26
28.63
3,702.64
3,887.78
4,082.16
4,286.27
4,500.59
4,725.62
4,961.90
44,431.72
46,653.30
48,985.97
51,435.27
54,007.03
56,707.38
59,542.75
21.36
22.43
23.55
24.73
25.96
27.26
28.63
3,702.64
3,887.78
4,082.16
4,286.27
4,500.59
4,725.62
4,961.90
44,431.72
46,653.30
48,985.97
51,435.27
54,007.03
56,707.38
59,542.75
23.19
24.35
25.56
26.84
28.18
29.59
31.07
4,018.95
4,219.90
4,430.89
4,652.43
4,885.06
5,129.31
5,385.78
48,227.38
50,638.75
53,170.69
55,829.22
58,620.68
61,551.71
64,629.30
23.19
24.35
25.56
26.84
28.18
29.59
31.07
4,018.95
4,219.90
4,430.89
4,652.43
4,885.06
5,129.31
5,385.78
48,227.38
50,638.75
53,170.69
55,829.22
58,620.68
61,551.71
64,629.30
23.19
24.35
25.56
26.84
28.18
29.59
31.07
4,018.95
4,219.90
4,430.89
4,652.43
4,885.06
5,129.31
5,385.78
48,227.38
50,638.75
53,170.69
55,829.22
58,620.68
61,551.71
64,629.30
25.71
26.99
28.34
29.76
31.25
32.81
34.45
4,456.27
4,679.08
4,913.04
5,158.69
5,416.62
5,687.46
5,971.83
53,475.25
56,149.01
58,956.46
61,904.29
'64,999.50
68,249.47
71,661.95
CITY OF DIAMOND BAR Schedule A
SALARY RANGES BY POSITION
FY 1997-98
JOB TITLE A
B
C
D
E
F
G
Deputy City Manager 3172 .1
33.31
34.97
36.72
38.56
40.49
42.51
5,498.49
5,773.41
6,062.08
6,365.19
6,683.45
7,017.62
7,368.50
65,981.86
69,280.95
72,745.00
76,382.25
80,201.36
84,211.43
88,422.00
City Manager 3468 40.15
42.16
44.26
46.48
48.80
51.24
53.80
6,959.08
7,307.03
7,672.38
8,056.00
8,458.80
8,881.74
9,325.83
83,508.91
87,684.35
92,068.57
96,672.00
101,505.60
106,580.88
111,909.92
CITY OF DIAMOND BAR
SALARY RANGES BY POSITION
FY 1997-98
PART TIME/ HOURLY
JOB TITLE
A B C D
E
F
G
Comm. Svcs Leader
5.37 5.79 6.31 6.84
7.37
7.89
8.41
Community Svcs Leader II
7.53 7.89 8.41 - 8.94
9.47
10.00
10.52
Intern/Part-71ime
Parks Mice Helper
7.53 7.89 8.41 8.94
9.47
10.00
10.52
Transportation Clerk
7.53 7.89 8.41 8.94
8.59 9.02
9.47
10.00
10.52
Counter Clerk/Permit Tech
9.47 9.94
13.43 14.10 14.81
10.44
10.96
11.51
15.55
16.32
17.14
18.00
CITY OF DIAMOND BAR AND DIAMOND BAR
REDEVELOPMENT AGENCY
TOWN HALL MEETING
SEPTEMBER 30, 1997
CALL TO ORDER:
PLEDGE OF ALLEGIANCE
COUNCIL MEMBERS PRESENT:
AGENCY MEMBERS PRESENT:
Mayor Huff
meeting to
Elementary
Larkstone D
and RDA Chairman Werner called the
order at 6:35 p.m. in the South Pointe
School Multi -Purpose Room, 20671
r., Diamond Bar, California.
The Pledge of Allegiance was led by Agency Member
Ansari.
Council Members Ansari, Harmony, Werner, and Mayor
Pro Tem Herrera, Mayor Huff.
Agency Members Ansari, Harmony, Herrera, Vice
Chairman Huff and Chairman Werner.
Also present were: Terrence L. Belanger, City Manager; James DeStefano, Deputy City
Manager, Frank Usher, Deputy City Manager; and City Clerk Lynda Burgess.
2. WELCOME AND INTRODUCTION: Mayor Huff and Chairman Werner welcomed attendees.
3. OVERVIEW OF REDEVELOPMENT: ED/Belanger stated this is the second in a series of five
City Council Town Hall meetings on the subject of redevelopment. Tentative dates have been
set for future meetings to be held on October 25, November 22, and December 20, 1997 at the
following locations: Diamond Point Club House, Heritage Park Community Center and South
Coast Air Quality Management District Auditorium.
ED/Belanger explained that on July 15, 1997, Council adopted, by Ordinance No. 3(97), the
Redevelopment Plan for the D.B. Revitalization Area and the Redevelopment Agency adopted
R-97-15, a Resolution of the D.B. Redevelopment Agency declaring its policy to accomplish
redevelopment without eminent domain. Copies of these documents are available to the public
at City Hall and at Redevelopment Agency Town Hall Meetings. The Redevelopment Project
Area is comprised of all of the commercial and industrial areas together with the major road
thoroughfares which connect them within the City of D.B. 89% of the City's total property
valuation lies outside of the Project Area. He defined redevelopment as a process that makes
available financial resources to eliminate or alleviate economical and physical blight. These
financial resources are derived by receiving a greater percentage of incremental increases in
property taxes collected from property owners within a project area. He explained the process
using graphs to show the current allocation of property tax monies. He further explained that
these calculations do not affect the City's residential property which lie outside the Project Area.
Martha Bruske stated that the process would be better explained if the speaker referred to
business property tax and residential property tax.
SEPTEMBER 30, 1997 PAGE 2 TOWN HALL MEETING
ED/Belanger stated that any commercial or industrial zoned businesses lying within the project
area are subject to the tax calculations. Residential businesses (home occupations) are not
within the project area and are not affected by the tax calculations. Residential property taxes
that property owners currently pay will continue to be allocated on precisely the same basis they
are calculated today. Regarding Assembly Bill (AB) 1290, he explained that the Redevelopment
Project Area Plan may only incur debt within its first 25. The Plan allows a 30 -year period from
its inception to set in motion the activities that are intended to meet the goals and objectives of
the Plan. The Plan has 45 years to retire the debt incurred within the first 20 years of the Plan.
In response to Chair/Werner, ED/Belanger explained that AB 1290 prohibits pirating of
businesses from one community to another community. Two types of such businesses are auto
dealerships malls and "big box" retail shopping malls.
Jerry Hamilton asked if a property such as K -Mart could be redeveloped since it already exists.
ED/Belanger responded that redevelopment funds can be used to redevelop existing properties.
AM/Harmony asked if redevelopment funds could be used to rehab existing properties and create
an auto mall.
ED/Belanger responded that redevelopment funds can be used to rehab existing urban
properties. However, AB 1290 clearly states that auto malls are not allowed under any
circumstances.
AM/Ansari asked what kinds of activities are allowed under housing set aside rules
ED/Belanger responded that a variety of activities fall under the umbrella of housing set aside
rules: Housing assistance, rehabilitation loans for private property owners, etc and explained
low- and moderate- income housing.
In response to Jerry Hamilton, ED/Belanger explained that it is more likely that the type of low -
and moderate- income housing in D.B. would be in the area of senior housing.
In response to AM/Harmony, ED/Belanger stated that the Redevelopment Agency has not yet
defined the Project Area allocation of resources. Generally speaking, the only cities that have
separate Agency Member boards of directors are the larger California cities that have land use
objectives.
In response to Jerry Hamilton, ED/Belanger responded that redevelopment funds may be used
for redevelopment of existing commercial and industrial properties. Redevelopment monies may
not be used for construction on vacant land.
Don Schad asked if D.B. voters should be able to determine who serves on the Agency Board.
ED/Belanger reiterated that the voters elect Council Members who in turn serve as Agency Board
Members.
SEPTEMBER 30, 1997 PAGE 3 TOWN HALL MEETING
In response to AM/Harmony and Jerry Hamilton, ED/Belanger explained that the golf course is
not included in the Redevelopment Project Area. The City's General Plan designates the facility
as "Golf Course" and not as industrial or commercial use.
Responding to AM/Harmony, ED/Belanger indicated that it would take approximately one year
to amens' +he Redevelopment Project Area.
M/Huff stated that the exclusion of the golf course property from the project area is a reflection
of the community's desires. A Project Area Committee must be comprised of members of the
community residing within the project area.
AM/Harmony asked what kind of - citizen involvement took place in the creation of the
Redevelopment Project Area Plan.
ED/Belanger explained that 15 to 20 public City Council and Planning Commission meetings were
held to discuss redevelopment prior to Council's Adoption of the Redevelopment Project Area.
Martha Bruske asked Council candidates to explain how redevelopment benefits the citizens of
D. B.
ED/Belanger explained that all versions of the City's proposed General Plans contained
redevelopment as an objective. The City could not engage in redevelopment unless it is a
provision of the adopted General Plan.
AM/Harmony asked if the General Pian that was adopted in 1995 was subjected to a public vote.
Al Perez asked ED/Belanger to cite negative impacts of redevelopment.
ED/Belanger responded that the impacts of redevelopment depend upon decision makers such
as city council members, consultants, and city staff. For all negative examples of poorly run
redevelopment agencies, there are numerous examples of positive results of well run
redevelopment agencies.
ED/Belanger explained to AM/Harmony that two requests by property owners to have their
properties removed from the Redevelopment Project Area were denied by Council due to their
non -conforming uses.
Martha Bruske again asked how redevelopment will benefit the residents and property owners
of this community and how the city will prevent urbanization.
ED/Belanger reiterated that no Redevelopment Project Area Plan is capable of being approved
unless it is consistent with and conforms to the City's General Plan. Undeveloped areas are
included within the Project Area Plan consistent with the City's General Plan. Land uses are not
determined by the Redevelopment Agency. Land uses for undeveloped properties are
determined by the City Council.
SEPTEMBER 30, 1997 PAGE 4 TOWN HALL MEETING
Don Schad asked why Sandstone Canyon is considered blighted and the SunCal property is not
considered blighted.
ED/Belanger stated that the consultant and attorney recommended that, based upon a proposed
development project, Sandstone Canyon was determined to be blighted with respect to drainage
problems When L.A. County approved the development, they undersized the inlet. The new
developer has had to correct the drainage structure. In order to provide protection, the area was
included.
Debby O'Connor asked if all redevelopment projects will be subject to the public hearing process
ED/Belanger indicated that rehabilitation projects for existing properties and redevelopment
projects for new development to begin is a land use application and is subject to the requirements
of the City's General Plan, Development Code and CEQA. Redevelopment does not supplant
land use planning.
Martha Bruske expressed concern about the political fight over redevelopment and felt that when
we became a city, redevelopment was the plan to supplement the City's coffers when the
subventions ceased. She asked about the City's plan to buffer existing residential
neighborhoods. She believed the City's businesses were allowed to deteriorate in order to justify
redevelopment. She asked the City to find out how many home businesses exist in the City.
Further, she expressed concern that the redevelopment issue is not being voted upon by the
citizens and felt that citizens have a right to vote on what occurs in their city.
Don Schad said he was astonished about the lack of participation at this meeting and suggested
that the City provide notice of all public meetings to every citizen. He asked "how long is the
moratorium?"
Allen Wilson believed redevelopment will be a good step toward a long term solution to the city's
economic considerations. Council is elected by the people and is responsible to the voters. If
the citizens don't like Council's actions, Council Members can be voted out of office. He
suggested the City move forward in a positive manner.
Joe Ruzicka stated that if the citizens want more of their tax dollars utilized within the city,
economic revitalization through redevelopment will provide the vehicle. Redevelopment law has
been changed drastically by AB 1290 to insure protection for taxpayers. Redevelopment is a tool
the City can utilize with confidence, determination and watchfulness, to help make the City
financially stable. The City has to have the courage and foresight to proceed.
Clyde Hennessee believed that redevelopment is primarily for the benefit of the City's business
community and that business owners have good intentions toward the City. He further believed
that Redevelopment will benefit the community but he would like for it to be more difficult to
change the rules.
4. WRAP UP AND NEXT MEETING PLAN: AM/Harmony said he heard that some merchants
felt that redevelopment is causing their rents to be increased. He indicated that, as a result of
SEPTEMBER 30, 1997 PAGE 5 TOWN HALL MEETING
redevelopment, developers could receive cheap money, fix up property and sell it at a huge profit
to the detriment of merchants. He believed the city will see a lot of small businesses close.
AM/Herrera said she has discussed redevelopment with numerous citizens who wish to leave
redevelopment decisions to their elected officials. Most of the public is satisfied with Council's
direction. redevelopment will benefit citizens because it will bring in more sales tax revenue to
support retail and City programs, etc. Redevelopment will replace possible residential property
tax increases.
AM/Ansari said she is concerned about the negativity being spread around the community. The
City will lose almost $2 million in subventions which a cut in City expenses will not replace.
Council is mandated by the General Plan and needs to be visionary and proactive and focus on
business retention and enticing new businesses to relocate to the City.
VC/Huff cited numerous methods for citizens to voice their opinions and be heard. He pointed
out that only two D.B. residences are included within the Project Area due to their non -conforming
status - they are included in commercially- or industrially- zoned properties. Residential
properties will not be affected by changes in taxes. Redevelopment does not replace the City's
General Plan - it supplements the General Plan and is good for D.B. It will support economic
redevelopment without affecting the residential taxpayers.
Chair/Werner again pointed out that redevelopment can be used to buffer neighborhoods by
providing sound walls along freeways, mitigate traffic gridlock, create a central "downtown" type
of area, etc. He reiterated his belief in redevelopment and its benefits to the City.
Chair/Werner thanked the Town Hall Meeting participants.
5. ADJOURNMENT: There being no further business to conduct, Mayor Huff
and Redevelopment Agency Chairman Werner adjourned the meeting at 9:28 p.m.
ATTEST:
Mayor
LYNDA BURGESS, City Clerk
Diamond Bar Redevelopment Agency
Chairman Gary Werner
MINUTES OF THE REDEVELOPMENT AGENCY
REGULAR MEETING OF THE BOARD OF DIRECTORS
OCTOBER 7, 1997
1. CALL TO ORDER: Chairman Werner called the meeting to order at 9:47
p.m. in the SCAQMD Auditorium, 21865 E. Copley Drive, Diamond Bar, California.
ROLL CALL: Agency Members Ansari, Harmony, Herrera, Vice
Chairman Huff, Chairman Werner
Also present were: Terrence L. Belanger, Executive Director; Michael Jenkins,
Agency Attorney: James DeStefano, Deputy City Manager; Frank Usher, Deputy
City Manager; David Liu, Deputy Public Works Director; Bob Rose, Community
Services Director and Lynda Burgess, Agency Secretary.
2. PUBLIC COMMENTS: None
3. CONSENT CALENDAR: AM/Herrera moved, AM/Ansari seconded, to approve the
Consent Calendar. Motion carried by the following Roll Call vote:
AYES: AGENCY MEMBERS - Ansari, Herrera, VC/Huff, Chair/Werner
NOES: AGENCY MEMBERS - Harmony
ABSENT: AGENCY MEMBERS - None
3.1 APPROVED MINUTES - Regular Meeting of September 16, 1997 - as
submitted.
3.2 APPROVED VOUCHER REGISTER dated October 7, 1997 in the amount
of $12,375.60.
4. PUBLIC HEARINGS: None
5. OLD BUSINESS: None
6. NEW BUSINESS: None
7. AGENCY MEMBER COMMENTS: AM/Ansari encouraged citizens to attend the
October 25, 1997 Economic Revitalization Town Hall Meeting to get the facts about
redevelopment.
8. AGENCY SUBCOMMITTEE REPORTS: None
OCTOBER 7, 1997 PAGE 2 REDEV. AGENCY
9. AGENCY ADJOURNMENT: There being no further business to conduct,
C/Werner adjourned the meeting at 9:50 P.M.
LYNDA BURGESS, Agency Secretary
ATTEST:
Chairman
CITY OF DIAMOND BAR AND DIAMOND BAR
REDEVELOPMENT AGENCY
TOWN HALL MEETING .OP
OCTOBER 25, 1997 1�
CALL TO ORDER: Mayor Huff and Redevelopment Agency Chairman
Werner called the meeting to order at 9:00 a.m. in the Golden Springs Elementary
School Multi -Purpose Room, 245 Ballena Drive, Diamond Bar, California. .
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by
Council/Agency Member Ansari.
Present: Council Members Ansari, Harmony, Werner, and
Mayor Huff.
Present: Agency Members Ansari, Harmony, Vice
Chairman Huff and Chairman Werner.
Also present were: Terrence L. Belanger,
DeStefano, Deputy City Manager; Frar
Clerk Lynda Burgess/Agency Secretary.
City Manager/Executive Director; James
< Usher, Deputy City Manager and City
2. WELCOME AND INTRODUCTION: Mayor Huff and Chairman Werner welcomed
attendees.
3. OVERVIEW OF REDEVELOPMENT: CM/ED/Belanger reported this was the third
in a series of five City Council Town Hall meetings on the subject of redevelopment.
Tentative dates had been set for future meetings to be held on Saturday, November
22, 1997 in the Castle Rock Elementary School Multi -Purpose Room and Saturday,
December 20, 1997, at 9:00 a.m. in the South Coast Air Quality Management
District Auditorium.
CM/ED/Belanger defined redevelopment as a process that makes available
financial resources to eliminate or alleviate economic and physical blight. Financial
resources are derived by receiving a greater percentage of incremental increases
in property taxes collected from property owners within a project area. He
explained the process using graphs to show the current allocation of property tax
monies. He further explained that these calculations do not affect the City's
residential property which lie outside the Project Area. The Redevelopment Agency
and the Project Area Plan were both formed under Assembly Bill 1290 which came
into effect in 1994. Under this law, the Redevelopment Project Area will have 20
years to incur debt, 30 years to implement its plan and 45 years to pay off its debt.
The Project Area is comprised of all of the commercial and industrial areas together
with the major thoroughfares which connect them within D.B. The project area is
expected to spin off $404,000,000 in tax increment, the difference between the base
year calculation and natural increases in property tax. The City and the
Redevelopment Agency do not possess the authority to increase property taxes.
OCTOBER 25, 1997 PAGE 2 TOWN HALL MEETING
The Agency is projected to receive $183,000,000 over the life of the project area
for non -housing activities (commercial and industrial rehabilitation, business
attraction and retention, parking improvements and public infrastructure
improvements). Nearly $81,000,000 is set aside for low and moderate income
housing activities (housing loans, housing grants, rehabilitation loans, etc.). One
of the important next steps of the project area is to begin the planning process for
the commercial and industrial rehabilitation program, for the business expansion
and retention program, for a parking improvements program, for the public
improvements and facilities program and for the housing set-aside program. All of
these programs are required to be created and must be created according to the
law and reviewed on a regular basis through the public hearing process.
Al Rumpilla expressed concern that there will be a "balloon payment" at the end of
the 45 -year period and suggested the City consider a 10 -year redevelopment pian
rather than a 45 -year redevelopment plan.
CM/ED/Belanger explained that the nature and extent of the activities in the project
area and the length of time required to complete the activities are determined by the
City Council, Redevelopment Agency Board of Directors and the community. The
Agency may choose to not use the maximum 45 years allowed by redevelopment
law to retire debt. He explained that the economic dysfunction suffered by D. B. is
a result of approximately 27 years of the County's planning decisions prior to city -
hood. Redevelopment provides an opportunity for the City to determine its destiny.
In response to Grace MacBride, CM/ED/Belanger stated that the law requires that
20% of the increment generated from the project area be set aside for low and
moderate income housing activities such as first-time homebuyer loans,
rehabilitation loans, etc. The idea is to make resources available to qualified
individuals that allow them to compete in the marketplace. He further explained that
the community, under redevelopment, is not required to build anything - it is
required to provide programs that would facilitate low and moderate income housing
improvement. D.B. residents who qualify based on their income would most likely
use redevelopment funds to improve their homes.
Martha Bruske reiterated that the City has a poor track record with respect to public
hearings. She asked for clarification regarding the inclusion of residential units in
the project area. She again asked if the City has information about why businesses
leave the community and expressed concern that redevelopment monies will be
loaned to non-residential building owners who will use the money to refurbish their
buildings and then raise rents which will cause more business tenants to leave the
city. She asked for a clarification of low income housing and how it works through
redevelopment in relationship to the General Plan's Housing Element.
CM/ED/Belanger responded that, under redevelopment, low and moderate activities
are defined by income and not necessarily by zoning as set forth in the City's
General Plan. He explained how a well-defined redevelopment plan facilitates both
OCTOBER 25, 1997 PAGE 5 TOWN HALL MEETING
CM/ED/Belanger responded that the City, through redevelopment, can assist a
partnership between commercial property owners and retail business owners.
Jack Gutowski said the AQMD and Avery Dennison does not generate sales tax for
Brea. D.B. is a bedroom community. He asked how CM/ED/Belanger sees the
community in 10 years.
CM/ED/Belanger explained that the vitality of a community amounts to more than
sales tax. Sales tax is important because the State has made it important. One of
the problems this City has in attracting other restaurants to this community is a lack
of lunchtime population. AQMD and Avery Dennison provide payroll to this City.
If a community cannot depend on its residents to provide this payroll, it at least
needs to attempt to have the people who work in the town patronize local
businesses. AQMD brings a lot of people to this community in spite of the fact that
it pays neither sales tax nor property tax. Residents need to get involved in the
process and determine what they wish their City to look like. 85% of this community
is developed. The General Plan defines the current existing commercial areas.
Mrs. MacBride indicated that the parent company of Boston Market and Starbucks
would like to relocate to D.B. but want to own their own property. She asked if
redevelopment could assist them in razing the First Interstate building at the
northeast corner of D.B. Blvd. and Grand Ave.
CM/ED/Belanger responded that whether or not redevelopment could assist them
depends on the amount of money the business might generate for the community.
Stephen Campbell asked what the $45,000,000 set aside for public use means
CM/ED/Belanger explained that public use funds are set aside for major roadway
and streetscape improvements to render the commercial area environments more
inviting. These funds cannot be used to build a City Hall or County facility.
However, other public buildings such as a community center, library, etc. can be
created to benefit the project area.
Mike Goldenberg asked Mr. Harmony to please show the community how and
where the Redevelopment Agency indicates that big box development will take
place, to explain the backroom deals that he accuses others of doing, how he
reaches the conclusion that redevelopment will increase crime and taxes, and how
he defines lockstep voting and boondoggle.
C/AM/Harmony responded that anyone interested in receiving facsimiles containing
statistics and data can call him at 861-0161. He said that the Diamond Bar
Residents and Business Owners Association newspaper explains all of this.
Mr Goldenberg asked CM/ED/Belanger about the $300;000,000 Mr. Harmony
mentioned.
OCTOBER 25, 1997
PAGE 6
TOWN HALL MEETING
CM/ED/Belanger responded that the figure is $263,000,000. All
is a function of State law. Any changes to property taxation re
people• Any increase in valuation of property is a function property taxation
2% inflation factor set forth by lay, quire a vote of the
n of market forces or the
C/AM/Harmony asked for an explanation of the lost $300,o00,000
where the County, fire department, library make up for this money0f revenue and
services, if they don't cut
CM/ED/Belanger again explained Redevelopment Law.
Mr. Goldenberg asked if more crime is anticipated due to the Redevelopment
Agency creating a Plan.
CM/ED/Belanger stated that crime is more related to the I ack of business as
Opposed to the existence of business activity. The more vital andpatronized
business become, the less likely there will be the k' these
in D.B. kinds of crime mostly likelyfound
Mr. Goldenberg said big box development keeps coming u
Where and how in D.B. would the City utilize big box development. s issue in D.B.
CM/ED/Belanger repeated his statement that the Cit �,vi
box development without the instrumentality of redevelopment a
law prohibits big box ds not a single 50 acre parcel of land in
shopping malls. You will not find that the
development. There ; y will not be able to attract big
D.B. that would accommodate big box sho and redevelopment
City's Redevelopment plan contains any indication that the Age
in creating those types of commercial areas. The focus ncy has an interest
retention of existing businesses. is
n rehabilitation and
Martha Bruske appreciated Mr. Belanger'
s explanations regarding She asked how D.B. would prevent businesses from movinggfrom
another within the City. g n9 redevelopment.
development Y She expressed concern about proposed commone ercial
op ent indicated on the Redevelopment Map at the corner of Carpio Dr.
Golden Springs Rd. She found it difficult to support redevelopment of planning evident. p and
p ent with that kind
CM/ED/Belanger responded that the area of Carpio Dr.
not zoned commercial. He was not aware of any proposal that the City has that
In addition, that particular corner is a public
would suggest a rci on that corner. p and Golden Springs Rd. is
easement and it is difficult to imagine that the property could be
developed in any
fashion. It is in the Project Area Map because of potential infrastructure problems.
4' WRAF UP AND NEXT MEETING PLAN:
C/AM/Harmony stated that no
answer was given regarding citizen
participation and whether the blue ribbon
OCTOBER 25, 1997 PAGE 7 TOWN HALL MEETING
committee that was brought in had made any changes and whether or not they were
accepted in the plan. There is no specific plan for this Redevelopment Agency.
There's no blight in D.B. He said the City is trying to develop a Redevelopment
Agency that cannot prove blight under the legal terms. He stated that $300,000,000
taken out of the taxing structure reduces services. Further, there is no safety in the
City's zoning codes or in the General Plan. He talked about current and previously
approved residential construction projects.
C/AM/Ansari said that there were problems and issues with redevelopment prior to
Assembly Bill 1290. She favored a citizen participation overview committee formed
for the Redevelopment Project Area. D.B. currently gets back $.0529 on every
property tax dollar paid, the lowest return in the County. Businesses .are suffering
and vacancies abound.
Chair/Werner said he is committed to protect the tax revenues, resources and
services of this City. The Redevelopment Agency will allow the communityto
capture the tax revenues generated by the City's commercial properties - 10% of
the community - to spend as it wishes to benefit the community. He spoke about
the opportunities available in the Gateway Corporate Center and the opportunity
to create a downtown civic/cultural center.
Chair/Werner thanked the Town Hall Meeting participants.
5. ADJOURNMENT: There being no further business to conduct, the meeting
was adjourned at 12:00 noon.
ATTEST:
Mayor
LYNDA BURGESS, City Clerk
and Redevelopment Agency Secretary
Redevelopment Agency Chairman
DIAMOND BAR REDEVELOPMENT AGENCY
INTEROFFICE MEMORANDUM
TO: Chairman Werner and Board of Directors
FROM: Linda G. Magnuson, Assistant Finance Director
SUBJECT: Voucher Register, November 18, 1997
DATE: November 12, 1997
Attached is the Voucher Register dated November 18, 1997 for the
Diamond Bar Redevelopment Agency. The checks will be produced after
any recommendations and the final approval is received.
Payment of the listed vouchers in the amount of $1,140.00 is hereby
allowed from the Diamond Bar Redevelopment Agency Fund.
APPROVED BY:
Linda G. Ma n son
Assistant Finance Director
Gary H. Werner
Chairman
r
Terrence L. Belanger Robert S. Huff
Executive Director Vice Chairman
+ Diamond Bar RDA #*
RUNTIME: 14::3411/17/97 VOUCHER REGISTER
DUE THRU.............11/18/97
VENDOR NAME VENDOR ID.
ACCOW PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTID!I
--------------------------- ---------------------------------------------------------------------
Conrad & Associates Conrad
+002-4110-4010 2 81118A 01/6411
0. B. Improvement Assoc. DBIA
+002-4110-2110 2 81104A 01/6532
11/12 11/18 97-5360 DBar RDA Audit
TOTAL DUE VENDOR --------
10/29 11/04 1481 Sept -1 Page Ad
TOTAL. DUE VENDOR --------
PAGE 1
f f PREPAID { t
AMOUNT DATE CHECK
--------------------------
300.00
300.00
840.00
840.00
TOTAL PREPAID -----------) 0.00
TOTAL DUE ---------------) 1,140.00
TOTAL REPORT ------------) 1,140.00
*� Diamond Har RDA +�*
RUN TIME: 14:34 11/12/97 V IJCHER R E G I S T E R PAGE l
FUAD 5 U M M A R Y REPORT
DUE THRO.............11/18/97
DISBURSE G/L GJE WILL POST GJE HAS POSTED FUTURE TRANSACTIONS
FUND TOTAL DIRECT PAY REVENUE EXPENSE REVENUE EXPENSE REVENUE EXPENSE
---------------------------------------------------------------------------------------------=--------------------------------------
002 1,140.00 1,140.00
TOTAL------------------------------------------------
-------------------------------••----------------
ALL FUNDS 1,140.00 1,140.00
DIAMOND BAR REDEVELOPMENT AGENCY
AGENDA REPORT AGENDA NO.
TO: Honorable Chairman and Agency Board Members
MEETING DATE: November 18, 1997 REPORT DATE: November 10, 1997
FROM: Terrence L. Belanger, Agency Executive Director
TITLE:
Transmittal of Annual Financial Report and Final Audit Report for year ended June 30, 1997.
K10 -1-8y #
The Agency's audit firm of Conrad and Associates has prepared the Fiscal Year 1996-97 Annual Financial
Statement and Independent Auditor's Report for the Redevelopment Agency.
RECOMMENDATION:
Receive and file the Fiscal Year 1996-97 Annual Financial Statement and Independent Auditor's Report.
LIST OF ATTACHMENTS: _ Staff Report _ Public Hearing Notification
_ Resolution(s) _ Bid Specification (on file in City Clerk's Office)
_ Ordinances(s) XX Other (FY 96-97 Financial Statement, Audit Report)
Agreement(s)
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been reviewed
_ Yes _ No
by the City Attorney?
2. Does the report require a majority or 4/5 vote?
Majority
3. Has environmental impact been assessed?
_ Yes XX No
4. Has the report been reviewed by a Comnussion?
_ Yes XX No
Which Commission?
5. Are other departments affected by the report?
_ Yes XX No
Report discussed with the following affected departments:
aAiII_IWA a NXI-A 1
Terren e L. Belane Frank . ser Linda G. Man on
Agency Executive Mrect
DIAMOND BAR REDEVELOPMENT AGENCY
Financial Statements
Year ended June 30, 1997
(with Independent Auditors' Report Thereon)
DIAMOND BAR REDEVELOPMENT AGENCY
Financial Statements
Year ended June 30, 1997
TABLE OF CONTENTS
Independent Auditors' Report
Financial Statements:
Page
• Combined Balance Sheet - All Governmental Fund Types and
Account Groups 2
• Combined Statement of Revenues, Expenditures and Changes
in Fund Balances - All Governmental Fund Types 3
• Combined Statement of Revenues, Expenditures and Changes in
Fund Balances - Budget and Actual - All Governmental Fund
Types
4
• Notes to the Financial Statements
Independent Auditors' Compliance Report
A
Y ♦ Tom -
L iJJVL.I�`il 1LV, L.L.P.
A Pq RTNE RSHIP INCLUDING PROFESSIONAL CORPORATIONS
Board of Directors
Diamond Bar Redevelopment Agency
Diamond Bar, California
CERTIFIED PUBLIC ACCOUNTANTS
INDEPENDENT AUDITORS' REPORT
1100 MAIN STREET, SUITE C
IRVINE, CALIFORNIA 92614
(714) 474-2020
We have audited the accompanying financial statements of the Diamond Bar Redevelopment
Agency, a component unit of the City of Diamond Bar, California as of and for the year ended
June 30, 1997, as listed in the table of contents. These financial statements are the responsibility
of the management of the Diamond Bar Redevelopment Agency. Our responsibility is to express
an opinion on these financial statements based on our audit.
We conducted our audit in accordance with generally accepted auditing standards. Those
standards require that we plan and perform the audit to obtain reasonable assurance about
whether the financial statements are free of material misstatement. An audit includes examining,
on a test basis, evidence supporting the amounts and disclosures in the financial statements. An
audit also includes assessing the accounting principles used and significant estimates made by
management, as well as evaluating the overall financial statement presentation. We believe that
our audit provides a reasonable basis for our opinion.
In our opinion, the financial statements referred to above present fairly, in all material respects,
the financial position of the Diamond Bar Redevelopment Agency at June 30, 1997, and the
results of its operations for the year then ended, in conformity with generally accepted
accounting principles.
i
August 29, 1997
1
MEMBERS FAICPAAND CALIFORNIA
MEMBER OF AMERICAN IINSTI UE OF CERTIFIED PUBLIC CACCOUNTANTS IPRIVATEICOM AONIIES PRACTICE SECTION
DIAMOND BAR REDEVELOPMENT AGENCY
Combined Balance Sheet - All Governmental Fund Types and Account Groups
June 30, 1997
Liabilities, equity and other credits
Liabilities:
Accounts payable $68,060
Governmental
24,111
Advances payable to the
Fund Type
Account Group
48,027
Totals
379,419 447,479
Capital
General Long-
(Memorandum Only)
Project
Term Debt
1997
1996
Assets and other debits
other credits -
_
Assets:
and other credits $68,060
379,419 447,479
Due from other governments
$68,060
-
68,060
24,111
Other debits:
Amount to be provided for
retirement of long-term debt
-
379,419
379,419
48,027
Total assets and
other debits
$68,060
379,419
447,479
72,138
Liabilities, equity and other credits
Liabilities:
Accounts payable $68,060
- 68,060
24,111
Advances payable to the
City of Diamond Bar (note 3) -
379,419 379,419
48,027
Total liabilities 68,060
379,419 447,479
72,138
Equity and other credits:
Fund balance _
_
Total equity and
other credits -
_
Total liabilities, equity
and other credits $68,060
379,419 447,479
72,138
See accompanying notes to the financial statements.
1
DIAMOND BAR REDEVELOPMENT AGENCY
Combined Statement of Revenues, Expenditures and
Changes in Fund Balances - All Governmental Fund Types
Year ended June 30, 1997
Expenditures:
Administration
Professional fees
Interest
Total expenditures
Excess (deficiency) of revenues
over (under) expenditures
Other financing sources (uses):
Proceeds of advances from City of Diamond Bar
Total other financing sources (uses)
Excess (deficiency) of revenues
and other financing sources over
(under) expenditures and other
financing (uses)
Fund balance at beginning of year
Fund balance at end of year
See accompanying notes to the financial statements.
3
Capital Project
$ 29,371
291,701
10,320
331,392
331 392
331,392
331,392
DIAMOND BAR REDEVELOPMENT AGENCY
Combined Statement of Revenues, Expenditures
and Changes in Fund Balances - Budget and Actual - All Governmental Fund Types
Year ended June 30, 1997
See accompanying notes to the financial statements.
4
Capital Project
Variance -
Budget
Actual
Favorable
(Unfavorable)
Expenditures:
Administration
Professional fees
$ 33,550
29,371
4,179
Interest
293,500
291,701
1,799
-
10,320
(10,320)
Total expenditures
327,050
331,392
(4,342)
Excess (deficiency) of
revenues over (under)
expenditures
(327,050)
(331,392)
(4.342
Other financing sources (uses):
Proceeds of advances from City
of Diamond Bar
294,900
331,392
36,492
Total other financing
sources (uses)
294,900
331,392
36,492
Excess (deficiency) of
revenues and other financing
sources over (under)
expenditures and other
financing (uses)
(32,150)
-
32,150
Fund balance at beginning of year
Fund balance (deficit) at end of year
$02,150)
-
32,150
See accompanying notes to the financial statements.
4
DIAMOND BAR REDEVELOPMENT AGENCY
Notes to the Financial Statements
Year ended June 30, 1997
(11 Summary of Significant Accounting Policies
The following is a summary of the significant accounting policies of the Diamond Bar
Redevelopment Agency (Agency):
(a) Fund Accountin
The basic accounting and reporting entity is a "fund". A fund is defined as an
independent fiscal and accounting entity with a self -balancing set of accounts, recording
resources, related liabilities, obligations, reserves and equities segregated for the purpose
of carrying out specific activities or attaining certain objectives in accordance with
special regulations, restrictions or limitations.
The accounting records of the Agency are organized on the basis of funds and account
groups classified for reporting purposes as follows:
Governmental Funds
Capital Project Fund
The Capital Projects Fund is used to account for the financial activities for the
development of redevelopment project areas, including acquisition of properties, cost of
site improvements, other costs of benefit to the project areas and administrative expenses
incurred in sustaining the Agency. Under provisions of the Health and Safety Code this
fund is referred to as the "Redevelopment Fund".
Account Groun
General Lone -Term Debt Account Groun
The General Long -Term Debt Account Group is used to account for the unmatured
principal of the Agency's general long-term debt in a separate self -balancing group of
accounts. The proceeds of the indebtedness is recorded in the Capital Projects
(Redevelopment) Fund and serves as a financing source for redevelopment expenditures.
5
DIAMOND BAR REDEVELOPMENT AGENCY
Notes to the Financial Statements
(Continued)
(1) Summary of Significant Accounting Policies, (Continued)
(b) Basis of Accounting
The Agency's financial statements are presented on the modified accrual basis of
accounting. Under the modified accrual basis of accounting, revenues are considered
susceptible to accrual when they become both measurable and available. "Available"
means collectible within the current period or shortly thereafter to be used to pay
liabilities of the current period. Expenditures are recorded when the related liabilities are
incurred.
(c) Relationship to the City of Diamond Bar
The Diamond Bar Redevelopment Agency is an integral part of the reporting entity of the
City of Diamond Bar. The fund and account group of the Agency have been included
within the scope of the financial statements of the City because the City Council of the
City of Diamond Bar is the governing board and exercises oversight responsibility over
the operations of the Agency. Only the fund and account group of the Agency are
included herein, therefore, these financial statements do not purport to represent the
financial position or results of operations of the City of Diamond Bar, California.
(d) Budgetary Information
The Agency budget is adopted on a basis consistent with generally accepted accounting
principles. The City Administrator is required to prepare and submit to the Agency's
Board of Directors the annual budget of the Agency and administer it after adoption.
Agency Board approval is required for budget revisions that affect the total
appropriations of the Agency.
(e) Memorandum Only Totals
Columns in the accompanying financial statements captioned "Totals (Memorandum
Only)" are not necessary for a fair presentation of the financial statements in accordance
with generally accepted accounting principles, but are presented as additional analytical
data. Interfund balances and transactions have not been eliminated. Therefore, the data in
this column does not represent consolidated financial information.
6 `
DIAMOND BAR REDEVELOPMENT AGENCY
Notes to the Financial Statements
(Continued)
(2) Creation of the Diamond Bar Redevelopment Agency
The City Council of the City of Diamond Bar passed, approved and adopted Ordinance
No. 1 on February 6, 1996, declaring a need for a Redevelopment Agency to function in
the City of Diamond Bar. The bylaws of the Agency were adopted by Resolution No. R-
96-01. The Agency was established pursuant to the Community Redevelopment Law of
the State of California.
(3) Advances From the City of Diamond Bar
The General Fund of the City of Diamond Bar has made advances to the Redevelopment
Agency Capital Projects Fund for various start-up costs in the amount of $379,419.
Repayment of advances is not required until funds become available to the Agency.
Interest accrues on advances at the average daily rate earned on investments in the State
of California Local Agency Investment Fund.
The following represents the changes reflected in the general long-term debt account
group:
Advances from the
City of Diamond Bar
Balance at
July 1, 1996
48 027
7
Balance at
Proceeds Repayments June 30, 1997
331,392 - 379,419
CON RAD
"ASSOCIATES, I_.L.P.
A PARTNERSHIP INCLUDING PROFE55IONAL CORPORATIONS
Board of Directors
Diamond Bar Redevelopment Agency
Diamond Bar, California
CERTIFIED PUBLIC ACCOUNTANTS
INDEPENDENT AUDITOR'S COMPLIANCE REPORT
1100 MAIN STREET, SUITE C
IRVINE, CALIFORNIA 92614
(714) 474-2020
We have audited the financial statements of the Diamond Bar Redevelopment Agency (Agency)
as of and for the year ended June 30, 1997, and have issued our opinion thereon dated August 29,
1997. We conducted our audit in accordance with generally accepted auditing standards. Those
standards require that we plan and perform the audit to obtain reasonable assurance about
whether the financial statements are free of material misstatement.
Compliance with laws and regulations applicable to the Agency is the responsibility of the
Agency's management. As part of obtaining reasonable assurance about whether the financial
statements are free of material misstatement, we performed tests of the Agency's compliance
with provisions of laws and regulations contained in the Guidelines for Compliance Audits of
California Redevelopment Agencies issued by the State Controller's Office, Division of Local
Government Fiscal Affairs.
The results of our tests indicated that, with respect to the items tested, the Agency complied, in
all material respects, with the provisions referred to in the preceding paragraph except as follows:
The City was not in compliance with Health and Safety Code Section 33302 in
that the City's housing element does not comply with Government Code Section
65300. In a letter from the Department of Housing and Community
Development, the State indicated that the housing element does not clearly
identify adequate sites to accommodate the City's moderate and lower income
housing needs. The City is currently in the process of revising its housing
element to eliminate deficiencies and bring the housing element into compliance.
With respect to items not tested, nothing came to our attention that caused us to believe that the
Diamond Bar Redevelopment Agency had not complied, in all material respects, with those
provisions.
This report is intended for the information of the Diamond Bar Redevelopment Agency and the
State Controller's Office. However, this report is a matter of public record and its distribution is
not limited.
���'�73se-ec.�� L.L.P•
August 29, 1997
MEMBERS OF AICPA AND CALIFORNIA SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS
MEMBER OF AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS PRIVATE COMPANIES PRACTICE SECTION
MEMORANDUM
TO: Honorable Chairman and Redevelopment Agency Members
VIA: Terrence L. Belanger, City ManageA')
FROM: Linda G. Magnuson; `Assistant Finance Director
DATE: November 18, 1997
SUBJECT: Advance and Reimbursement Agreement Number 5
Recommendation:
It is recommended that the Redevelopment Agency adopt a resolution approving Advance and
Reimbursement Agreement Number 5, with the City of Diamond Bar, in the amount of $25,000.
Approve the budget adjustment contained in Exhibit "A".
Background:
In September 1996, the Redevelopment Agency proceeded with a redevelopment plan adoption
process for the Diamond Bar Economic Revitalization Area. Due to unforeseen circumstances,
the cost for this process has been in excess of what was. originally budgeted for FY97-98. This
makes it necessary for the approval of Advance and Reimbursement Agreement Number 5, in the
amount of $25,000.
Of this amount it is recommended that a total of $7,500 be allocated to Printing ($1,000),
Advertising ($5,500) and Postage ($1,000). This is to cover the cost of notifying the public of the
five monthly town hall meetings which are being held to discuss the redevelopment process.
The balance should be allocated to Professional Services ($12,500) and Legal Services ($5,000)
to fund the purchase order carry over and other unanticipated costs.
RESOLUTION NO.
A RESOLUTION OF THE DIAMOND BAR REDEVELOPMENT
AGENCY APPROVING ADVANCE AND REIMBURSEMENT
AGREEMENT NUMBER 5 WITH THE CITY OF
DIAMOND BAR
The Diamond Bar Redevelopment Agency hereby finds, determines, resolves and
orders as follows:
SECTION I . The Advance and Reimbursement Agreement Number 5, for
Administrative and Overhead Expenses, attached hereto as Exhibit "A", is hereby approved. The
Chairman is hereby authorized and directed to execute such Advance and Reimbursement
Agreement Number 5 for and on behalf of the Agency.
PASSED, APPROVED AND ADOPTED this day of , 1997.
Chairman
ATTEST:
I, Lynda Burgess, Secretary of the Diamond Bar Redevelopment Agency, do hereby certify that
the foregoing Resolution was passed, adopted and approved at a regular meeting of the Diamond
Bar Redevelopment Agency held on the day of , 1997, by the following
vote:
AYES:
AGENCY MEMBERS:
NOES:
AGENCY MEMBERS:
ABSENT:
AGENCY MEMBERS:
ABSTAINED:
AGENCY MEMBERS:
Lynda Burgess, Secretary
EXHIBIT A
DIAMOND BAR REDEVELOPMENT AGENCY
FUND BUDGET ADJUSTMENT
1997-98
FUND DESCRIPTION:
Pursuant to the California Health and Safety Code Section 33000, the -City of Diamond Bar established
the Diamond Bar Redevelopment Agency on April 2, 1996. Redevelopment is the primary tool used by
cities in California to revitalize neighborhoods & business districts. As in many cities, the purpose of the
Diamond Bar Redevelopment Agency is to provide a mechanism for economic development activities.
ESTIMATED RESOURCES:
2550 Reserve Fund Balance
3650 Loan Proceeds
3610 Interest Revenue
TOTAL
APPROPRIATIONS:
2100
Photocopying
2110
Printing
2115
Advertising
2120
Postage
2320
Publications
2325
Meetings
2330
Travel-Conf & Mtgs
2340
Education & Training
4000
Professional Services
4020
Legal Services
500
TOTAL
1997-98 Exec Director
Adj Budget Recommended Adj Budget Explanation
23,750 25,000 48,750
$23,750 $25,000 $48,750
1,500
1,500
1,500
1,000
2,500 Town Hall Mtgs
2,500
5,500
8,000 Town Hall Mtgs
500
1,000
1,500 Town Hall Mtgs
250
250
500
500
1,500
1,500
500
500
12,500
12,500 P.O. Carryover
15,000
5,000
20,000
$23,750
$25,000
$48,750
(Pacfc Crest
PACIFIC CREST
DRUM & BUGLE CORPS
OF
DIAMOND BAR, CA.
• Only drum and bugle corps in L.A. Basin
• Viability and maintenance of historical tradition
• A division of Pacific Crest Youth Arts Organization
• Annual workshops
• Percussion ensemble festival
• Drum and bugle corps
• Corps at the Crest
Pacific Crest
1997 YEAR IN REVIEW
• 74 performers (32% increase over last year)
• 40% returning members
• 13 instructors/designers
• 1 st or 2nd placing at all contest
• New instruments
• 2 snare drums
• 4 tenor drums
• 4 mellophones (alto range bugles)
Pacific Crest
FUTURE GOALS: 1998 - 2002
• 92 performers - 2001
• 65% returning members - 2002
• $35,000 cash reserves - 2002
• One week of out-of-state travel beginning 1998
• 20 board members - 2002
• Formation of booster club - 1998
Pacific Wrest
CITY OF DIAMOND BAR
• Mentoring
• Community Development Block Grants (CDBG)
• Meeting facilities
• Office space
• Convenient storage
• Grants for new instruments/uniforms
• Community performances
• Diamond Bar Birthday Celebration
• Charity events
• Representation of city at all public performances