HomeMy WebLinkAbout3/4/1997citA/o"cl.
AGENDA
Tuesday, March 4, 1997
4:30 p.m. Worksession - Room CC2
5:30 p.m. Closed Session
6:30 p.m. Regular Meeting
South Coast Air Quality Management District
Auditorium
21865 East Copley Drive
Diamond Bar, California
Mayor Bob Huff
Mayor Pro Tem Carol Herrera
Council Member Eileen Ansari
Council Member Clair Harmony
Council Member
City Manager
City Attorney
City Cle; •k
Gary Werner
Terrence L. Belanger
Michael Jenkins
Lynda Burgess
Copies of staff reports, or other written documentation relating to agenda items, are on file in the Office of the
City Clerk, and are available for public inspection. If you have questions regarding an agenda item,
please contact the City Clerk at (909) 860-2489 during regular business hours.
In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990,
the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or
accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk
a minimum of 72 hours prior to the scheduled meeting.
I MA!IOtI1 BAR
Please refrain from smoking, eating or drinking The City of Diamond Bar uses recycled paper
in the Council Chambers. {J and encourages you to do the same.
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r'UBUG 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.
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Next Resolution No. 97-13
Next Ordinance No. 01(1997)
CITY COUNCIL WORK SESSION - 4:30 p.m., March 4, 1997, AQMD
Room CC -2
Discussion of Cable TV Franchise
1. CLOSED SESSION:
2.
3.
5:30 p.m., March 4, 1997, AQMD
Room CC -2
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (G.C. Section
54956.8):
Property: Former Water District property,
westerly side of Brea Canyon Road north of Pathfinder Road
Negotiating Parties: City of Diamond Bar and Diamond Crest
Estates LLC
Under Negotiation: Material terms of the agreement
CALL TO ORDER: 6:30 p.m. March 4, 1997
PLEDGE OF ALLEGIANCE: Mayor Huff
INVOCATION: Pastor Dale Goddard, Calvary
Chapel, Golden Springs
ROLL CALL: Council Members Ansari,
Harmony, Werner, Mayor Pro Tem
Herrera, Mayor Huff
SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
3.1 Proclamation - 85th Anniversary of Girl Scouts of the USA
- March 12, 1997
3.2 Proclamation -- "Safe Communities Week" - March 16-22,
1997
3.3 Presentation of City Tiles in recognition of services
provided in organizing City of Diamond Bar/Sanhsia
Friendship Tour
3.4 Certificates of Recognition to students for "Sister City
Pen Pal Content" sponsored by Pomona Unified and Walnut
Unified School Districts
MARCH 4, 1997 PAGE 2
RECESS:
RECONVENE:
4. PUBLIC CObMNTS: "Public Comments" is the time
reserved on each regular meeting agenda to provide an
opportunity for members of the public to directly address the
Council on Consent Calendar items or matters of interest to
the public that are not already scheduled for consideration on
this agenda. Although the City Council values your comments,
pursuant to the Brown Act, the Council generally cannot take
any action on items not listed on the posted agenda. Please
complete a Speaker's Card and give it to the City Clerk
(completion of this form is voluntary). There is a five
minute maximum time limit when addressing the City Council.
5. SCHEDULE OF FUTURE EVENTS:
5.1 PLANNING COMMISSION - March 11, 1997, 7:00 p.m., AQMD
Auditorium, 21865 E. Copley Dr.
5.2 CHAMBER OF COMMERCE/CITY OF DIAMOND BAR MIXER - March 13,
1997, 5:30 - 7:30, CITY HALL, 21660 E. Copley Dr.
5.3 TRAFFIC & TRANSPORTATION COMMISSION - March 13, 1997 -
7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr.
5.4 TOWN HALL MEETING - March 22, 1997 - 9-12 a.m., AQMD
Auditorium, 28165 E. Copley Dr. - discussion of
Development Code.
5.5 PARKS & RECREATION COMMISSION - March 27, 1997 - 7:00
p.m., AQMD Board Hearing Room, 21865 E. Copley Dr.
5.6 CITY ANNIVERSARY CELEBRATION - April 20, 1997 - Peterson
Park
6. CONSENT CALENDAR:
6.1 APPROVAL OF MINUTES -
6.1.1 City Council Work Session and Regular Meeting
of February 4, 1997 - Approve as submitted.
Continued from February 18, 1997.
6.1.2 Regular Meeting of February 18, 1997 - Approve
as submitted.
Requested by: City Clerk
MARCH 4, 1997 PAGE 3
6.2 VOUCHER REGISTER - Approve Voucher Register dated March
4, 1997 in the amount of $711,091.69.
Requested by: City Manager
6.3 TREASURER'S REPORT - January 1997 - Receive and file.
Requested by: City Manager
6.4 REDUCTION AND EXONERATION OF SUBDIVISION IMPROVEMENT
BONDS FOR TRACT 47851 (Diamond Bar East Partners) -
Exoneration and/or reduction in security amount (surety
bond) commensurate with progress of work for various
improvements required in accordance with the Subdivision
Agreement for Tract No. 47851.
Recommended Action: It is recommended that the City
Council:
a)
Exonerate Bond No. 151305S of Developers
Insurance Co.
for reclaimed water
b)
Reduce Bond
No. 1394245 of Developers
Insurance Co.
for grading improvements to
$50,000.
c)
Reduce Bond
No. 1396705 of Developers
Insurance Co.
for streambed revegetation to
$50,000.
d)
Reduce Bond
No. 1513035 of Developers
Insurance Co.
for landscape/irrigation to
$25,000.
e)
Direct the City
Clerk to notify the Principal
and Surety of
these actions.
Requested by: City Engineer
6.5 AMENDMENT OF SPECIAL LEGAL SERVICES CONTRACT WITH MICHAEL
G. MONTGOMERY.
Recommended Action: It is recommended that the matter be
continued to March 18, 1997.
Requested by: City Manager
6.6 a. RESOLUTION NO. 97 -XX: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS
AND SPECIFICATIONS FOR THE DIAMOND BAR BOULEVARD
STREET REHABILITATION PROJECT FROM GRAND AVENUE TO
PALOMINO DRIVE, IN SAID CITY AND AUTHORIZING AND
DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE
BIDS - D.B. Blvd. between Grand Ave. and Palomino
Dr. is in need of pavement rehabilitation and/or
reconstruction. The existing pavement on D.B.
MARCH 4, 1997 PAGE 4
Blvd. has been analyzed and evaluated in order to
determine the most practical and economic approach
for roadway improvements. Based on the findings of
the evaluation, plans and specifications for the
project have been prepared.
Recommended Action: It is recommended that the
City Council adopt Resolution No. 97 -XX approving
plans and specifications for the D.B. Blvd. street
rehabilitation project.
b. AWARD OF CONSTRUCTION ADMINISTRATION SERVICES
CONTRACT TO DEWAN LUNDIN & ASSOCIATES - D.B. Blvd.
between Grand Ave. and Palomino Dr. is in need of
pavement rehabilitation and/or reconstruction.
Council will be authorizing staff to advertise for
bids for the project in an earlier action.
Recommended Action: It is recommended that the
City Council authorize the Mayor to enter into a
Professional Services Agreement with Dewan, Lundin
& Assoc. for construction administration/inspection
services in an amount not to exceed $33,675 and
provide a contingency amount of $3,500 for contract
amendment(s), to be approved by the City Manager,
for a total authorization of $37,375.
Requested by: City Engineer
6.7 a. RESOLUTION NO. 97 -XX: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS
AND SPECIFICATIONS FOR THE PETERSON PARK ADA
RETROFIT IN SAID CITY AND AUTHORIZING THE CITY
CLERK TO ADVERTISE TO RECEIVE BIDS - Pursuant to
Council Goals and Objectives and the 1996-97 CDBG
Program, plans and specifications have been
prepared for the Peterson Park ADA Retrofit.
Council awarded a contract for design of said
improvements to Purkiss Rose -RSI on September 3,
1996. Retrofit consists of walkway improvements,
playground equipment, new drinking fountains,
parking lot striping, modifications to bleachers,
softball dugouts, chain link fencing and retrofit
of the existing bathroom/ concession stand. The
modifications will create an accessible park for
the physically challenged and improve playground
drainage. The Parks & Recreation Commission
reviewed the project and recommended approval of
the plans. Funding for the project is through the
City's CDBG program.
MARCH 4, 1997
PAGE 5
Recommended Action: It is recommended that the
City Council adopt Resolution No. 97 -XX approving
plans and specifications for the Peterson Park ADA
Retrofit and authorizing the City Clerk to
advertise for bids.
b. RESOLUTION NO. 97 -XX: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS
AND SPECIFICATIONS FOR THE IRRIGATION AND DRAINAGE
IMPROVEMENTS AT PETERSON PARK IN SAID CITY AND
AUTHORIZING THE CITY CLERK TO ADVERTISE TO RECEIVE
BIDS - On August 6, 1996, Council awarded a
contract to Cathcart/Begin Assoc. for design of
irrigation/drainage and athletic field lighting at
Peterson Park. Pursuant to Council Goals and
Objectives, plans and specifications have been pre-
pared. After investigation of the irrigation/
drainage situation at the Park, Cathcart/Begin has
developed a multi -approach methodology. Improve-
ments include installation of an area drain/french
drain, grading of three low areas and installation
of new irrigation equipment and a second water
meter. The proposed improvements will rectify the
current drainage problems at the Park.
Recommended Action: It is recommended that the
City Council adopt Resolution No. 97 -XX approving
plans and specifications for irrigation and
drainage improvements at Peterson Park and
authorizing the City Clerk to advertise for bids.
Requested by: City Manager
6.8 RESOLUTION NO. 97 -XX: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR, CALIFORNIA, CONSENTING TO THE
ESTABLISHMENT OF THE PORTION OF TEMPLE AVENUE WITHIN SAID
CITY AS A PART OF THE SYSTEM OF HIGHWAYS OF THE COUNTY OF
LOS ANGELES - Jurisdiction is requested in order that the
County may administer a project to synchronize the
traffic signals on Valley Blvd./Holt Ave. from Lemon Ave.
to Mills Ave. and on Temple Ave. from University Dr. to
Golden Springs Dr. and also maintain the effectiveness of
the completed synchronization system. Jurisdiction will
be relinquished after completion of the project.
Recommended Action: It is recommended that the City
Council adopt Resolution No. 97 -XX consenting to the
establishment of the portion of Temple Ave. within D.B.
as part of the County system of highways.
Requested by: City Engineer
MARCH 4, 1997 PAGE 6
6.9 RESOLUTION NO. 97 -XX: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR, CALIFORNIA, CONSENTING TO THE
ESTABLISHMENT OF THE PORTION OF DIAMOND BAR BOULEVARD
WITHIN SAID CITY AS A PART OF THE SYSTEM OF HIGHWAYS OF
THE COUNTY OF LOS ANGELES - Jurisdiction is requested in
order that the County may administer a project to
synchronize the traffic signals on D.B. Blvd./Mission
Blvd. from Brea Canyon Rd. to the San Bernardino County
Line in the City and also maintain the effectiveness of
the completed synchronization system. Jurisdiction will
be relinquished after completion of the project.
Recommended Action: It is recommended that the City
Council adopt Resolution No. 97 -XX consenting to
establishment of the portion of D.B. Blvd. within the
City as part of the County system of highways.
Requested by: City Engineer
6.10 AWARD OF CONTRACT FOR INSTALLATION OF SPORTS FIELD
LIGHTING AT PETERSON PARK - Council authorized
advertising for bids for installation of sports field
lighting at Peterson Park. Bids were received from six
contractors, which were opened and publicly read on
February 6, 1997. The lowest qualified bidder is
MacKenzie Electric, Inc. in the amount of $199,557. Bids
ranged from $199,557 to $222,500. The CIP budget
includes $130,000 for Prop A .- Safe Parks Grant. In
addition, $100,000 will be transferred from Developer's
Park Fees. The lighting will include the two softball
fields and the soccer field which will enhance the City's
youth and adult sports programs. A neighborhood
information meeting was conducted on November 7, 1996
with approximately 30 people in attendance. Mailings
regarding the meeting and project were sent to all
residents within 500' of the park.
Recommended Action: It is recommended that the City
Council award a contract for installation of sports field
lighting at Peterson Park to MacKenzie Electric, Inc. in
the amount of $199,557 plus a contingency amount of
$2,000 (1%).
Requested by: City Manager
6.11 LANDSCAPING ASSESSMENT DISTRICT NUMBERS 38, 39 AND 41 -
The City has an annual program for maintenance of public
improvements and intends to continue the program by
special assessments upon lands within the City's
Landscaping assessment Districts 38, 39 and 41. Funds
must be provided to enable these Districts to continue
MARCH 4, 1997 PAGE 7
their operation during the 19976-98 Fiscal Year.
Proceedings for maintenance of said improvements will be
pursuant to the provisions of the Landscaping and
Lighting Act of 1972, Part 2 of Division 15 of the
Streets & Highways Code.
a. RESOLUTION NO. 97 -XX: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR ORDERING THE
CITY ENGINEER TO PREPARE AND TO FILE A REPORT
RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN
THE CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT
DISTRICT NO. 38 AND ANY ASSESSMENTS THEREON FOR
FISCAL YEAR 1997-98.
Recommended Action: It is recommended that the
City Council adopt Resolution No. 97 -XX to initiate
proceedings for District 38 annual assessment and
authorize staff to prepare the Engineer's report.
b. RESOLUTION NO. 97 -XX: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR ORDERING THE
CITY ENGINEER TO PREPARE AND TO FILE A REPORT
RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN
THE CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT
DISTRICT NO. 39 AND ANY ASSESSMENTS THEREON FOR
FISCAL YEAR 1997-98.
Recommended Action: It is recommended that the
City Council adopt Resolution No. 97 -XX to initiate
proceedings for District 39 annual assessment and
authorize staff to prepare the Engineer's report.
C. RESOLUTION NO. 97 -XX: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR ORDERING THE
CITY ENGINEER TO PREPARE AND TO FILE A REPORT
RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN
THE CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT
DISTRICT NO. 41 AND ANY ASSESSMENTS THEREON FOR
FISCAL YEAR 1997-98.
Recommended Action: It is recommended that the
City Council adopt Resolution No. 97 -XX to initiate
proceedings for District 41 annual assessment and
authorize staff to prepare the Engineer's report.
Requested by: City Engineer
6.12 RESOLUTION NO. 97 -XX: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR AUTHORIZING THE SUBMITTAL OF
A FIFTH CYCLE USED OIL RECYCLING BLOCK GRANT TO THE
CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD - Since
MARCH 4, 1997 PAGE 8
1992, the California Integrated Waste Management Board
(WIWMB) has provided funding to jurisdictions through the
1991 California Oil Recycling Enhancement Act. The City
has a Fourth Cycle Used Oil Recycling Block Grant
scheduled to end June 30, 1997. The City's program has
established four centers for residents to recycle their
oil, has produced several thousand promotional items
given away free to residents, and has been responsible
for diverting about 11,310 gallons of used motor oil away
from landfills, storm drains, land and surface waters
last year. The Fifth Cycle Used Oil Recycling Block
Grant is a continuation of this grant funding program
which will enable the City to continue to promote/educate
the public and produce educational outreach materials.
Recommended Action: It is recommended that the City
Council adopt Resolution No. 97 -XX authorizing the City
Manager to submit an application for the Fifth Cycle Used
Oil Recycling Block Grant for Fiscal Years 1997-2000.
Requested by: City Engineer
6.13 PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF DIAMOND
BAR AND DIAMOND CREST ESTATES LLC--BREA CANYON ROAD SITE
- The City declared 6.0+/- acres of City -owned land
surplus. This land is located on the westerly side of
Brea Canyon Rd. north of Pathfinder Rd. The City
received an offer for the land from Diamond Crest Estates
LLC in the amount of one million three hundred thousand
dollars ($1,300,000). Thereafter, the City accepted the
offer and directed staff to prepare a purchase and sale
agreement between the City and Diamond Crest Estates LLC.
The agreement has been negotiated, mutually agreed upon
and prepared, by representatives of both parties. With
approval and execution of the agreement, the City should
receive payment on or before March 31, 1997.
Recommended Action: It is recommended that the City
Council approve the Purchase and Sale Agreement with
Diamond Crest Estates LLC, related to the purchase of
surplus property on Brea Canyon Rd. It is further
recommended that the City Council authorize and direct
the Mayor to execute said agreement.
Requested by: City Manager
7. PUBLIC HEARINGS: None
MARCH 4, 1997 PAGE 9
8. OLD BUSINESS:
8.1 AWARD OF CONTRACT TO PROVIDE ENVIRONMENTAL MITIGATION
MONITORING SERVICES FOR VESTING TENTATIVE TRACT MAP NOS.
32400 AND 52203 (ARCIERO/WOODBRIDGE PROJECT) - VTMs 3240
and 52203 have been approved for development of 107
single family homes upon a 45 -acre site adjacent to Brea
Canyon Rd. The previously -certified Environmental Impact
Report outlined environmental impacts associated with the
development and incorporated mitigation measures which
must be monitored for compliance. As construction is
scheduled to commence in the near future, it is necessary
to employ an environmental consultant to monitor the
development activities to ensure environmental
compliance.
Recommended Action: It is recommended that the City
Council enter into a Consulting Services Agreement with
Michael Brandman Associates in the amount of $28,310 for
mitigation monitoring services for VTMs 32400 and 52203.
Requested by: Community Development Director
8.2 ODE TO DIAMOND BAR MOUNTAIN LION SCULPTURE - QUESTIONS
AND ANSWERS - The City accepted the offer to donate a
mountain lion sculpture made by the Ode to Diamond Bar
Committee. The donation has prompted several questions
being posed. Those questions and the related responses
are provided.
Requested by: Council Member Werner
9. NEW BUSINESS: None
RECESS TO REDEVELOPMENT AGENCY MEETING
Next Resolution R-97-01
1. CALL TO ORDER: Chairman Werner
ROLL CALL:
2. PUBLIC CObMNTS :
3. CONSENT CALENDAR:
Agency Members Ansari,
Harmony, Herrera, VC/Huff,
C/Werner
3.1 APPROVAL OF MINUTES - Regular Meeting of February 18,
1997 - Approve as submitted.
MARCH 4, 1997 PAGE 10
Requested by: Agency Secretary
3.2 VOUCHER REGISTER - Approve Voucher Register dated March
4, 1997 in the amount of $6,385.39.
Requested by: Executive Director
4. PUBLIC HEARING: None
5. OLD BUSINESS: None
6. NEW BUSINESS: None
7. AGENCY MEMBER COMMENTS:
8. AGENCY SUB -COMMITTEE REPORTS:
REDEVELOPMENT AGENCY ADJOURNMENT:
RECONVENE CITY COUNCIL MEETING:
10. COUNCIL SUB -COMMITTEE REPORTS:
11. COUNCIL COMMENTS: Items raised by individual
Councilmembers 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:
Robert S. Huff
Mayor
Carol Herrera
Mayor Pro Tem
Eileen R. Ansari
Council Member
Clair W. Harmony
Council Member
Gary H. Werner
Council Member
Recycled paper
February 24, 1997
City of Diamond Bar
21660 E. Copley Drive, Suite 100 • Diamond Bar, CA 91765-4177
(909) 860-2489 • Fax (909) 861-3117
City Online (BBS): (909) 860-5463 • Internet: http://www.d.diamond-bar.ca.us
Pastor Dale Goddard
Calvary Chapel
22324 Golden Springs
Diamond Bar, CA 91765
Dear Pa Goddard
This is to confirm your participation to do the invocation at: the Diamond
Bar City Council meeting, Tuesday, March 4, 1997, at 6:30 p.m., at the
Air Quality Management District auditorium, 21865 E. Copley Drive,
Diamond Bar. In that we have many cultures and religions within our
community, an ecumenical invocation would be appreciated.
It is a pleasure to have representation from various churches within Diamond
Bar participate at the City Council meetings. Thank you for taking time out
of your busy schedule to share with us. I look forward to seeing you.
Sincerely, --
t%
Robert S. Huff
Mayor
RSH:nbw
cc: City Council
City Clerk
CITY OF DIAMOND BAR
MEMORANDUM
TO: Mayor and City Council
FROM: Terrence L. Belanger, City Manager
I
VIA: Kellee A. Fritzal, Assistant to the City Manager 4 X
SUBJECT: CABLE RE -FRANCHISE - JONES INTERCABLE
DATE: February 28, 1997
ISSUE STATEMENT
The City and Jones Intercable are in the process of negotiating the renewal of the Cable
Television Franchise. The renewal process for cable television franchises is governed through
Federal Regulations. This report addresses the proposed renewal agreenient and the negotiating
process environment created through Federal Legislation.
FEDERAL LEGISLATION
In 1984, the Federal Government began regulating the cable television franchise process. In
1992, Congress amended the Cable Act to not allow rate regulation except by the Federal
Communication Commission (FCC).
The new 1996 Telecommunications Act is designed to remove regulatory barriers and encourage
competition among the diverse types of communication companies. The focus of the
Telecommunication Act was to allow local telephone companies into the long distance and cable
television markets. It allows long distance telephone companies, cable operators, cellular
providers and others into the local telephone market. The Act encourages satellite services to
compete with cable services. The Act loosens telephone and cable rate regulations and loosens
regulations of television and radio broadcasters.
Congress has expressly prohibited any franchising authority (City or County) from determining
cable rates or programming.
FRANCHISE RENEWALS
Currently, Jones Intercable operates a cable television franchise under the terms and conditions
set forth by the County Master Cable Television Ordinance and Ordinance 12,137 as amended
and heretofore adopted by the City. This franchise, which was originally approved by the
County of Los Angeles Board of Supervisors on April 22, 1980 to Walnut Valley Cable
Television and subsequently sold to Jones Intercable of California, expired on May 23, 1995.
Prior to the expiration of the franchise, the City Council adopted Ordinance 04 (1995) which
extended the term of the cable television franchise. The current extension 04(B) will expire June
3, 1997.
The Telecommunication Acts sets forth the methods for renewing cable television franchises.
The two methods are formal or informal renewal procedures.The City and Jones Intercable are
fined the criteria for evaluating renewals of
using the informal renewal process. Congress has de
cable franchises.
The franchising authority must use four stated criteria to determine whether to renew or deny a
franchise. The franchising authority must assess whether:
• the operator (Jones) "substantially complies" with the terms of the existing franchise and
applicable law;
• the quality of service, including signal quality, response to consumers' complaints and
billing practices has been reasonable in light of community needs; (level of service not
mix or quality of service can be reviewed)
• the operator has the fmancial, legal and technical ability to provide the services,
equipment and facilities offered in its proposal; and
• the operator's proposal is reasonable to meet future cable -related interests and needs of
the community, considering the cost of meeting those interests and needs.
Denial of renewal cannot be based upon an operator's failure to comply with the terms of the
franchise agreement, or on service quality problems (e.g. signal quality, customer service delays)
unless the franchise authority has provided the operator with a notice of the problem and
Opportunity to correct it. Congress provided for a nresumnti L for the cable
o rators.
To assist the City in determining Jones Intercable's compliance with the Franchising Agreement
and applicable law, the City undertook a technical, ftnancial/customer complaint evaluation of
the cable system. In addition, the City conducted a City-wide survey of the Community opinion
of the cable system. Below is a summary of the reviews:
Technical Review - Jonathan Kramer performed a technical audit of the system. Based
upon this review, Jones Intercable has hired both a Grounding Technician and
Maintenance Technician to upgrade the grounding requirements of the California Public
Utilities and National Electric Code. Jones has diligently worked towards the upgrading
of all homes to the new grounding requirements.
Financial and Customer Complaint Review - The City's auditor, Conrad Associates
provided the review. Based upon the customer complaints requirements as set by the
2
existing franchise Jones Intercable is in compliance with the customer complaint
requirements. In accordance with the Agreement, Conrad Associates reviewed the gross
revenue collected and reports and cable subscribers.
• Cable Television Survey - Pacific Research & Strategies provided a telephone survey of
500 residents. The survey determined that 60% of the subscribers were satisfied with the
cable operator and the services currently provided. However, 23% indicated they would
like to see more channels or a wider variety of programming.
PROPOSED AGREEMENT FOR THE RENEWAL, OF CABLE TELEVISION
During the renewal process Jones Intercable was sold to Citizens Century Cable Television
Venture (a division of Century Communication Corporation). In addition to the renewal of the
Cable Television Franchise, the City has been requested to consider the T awfer of the Cable
Television Agreement.
City staff, Jones Intercable and Century Communication have been negotiating an Agreement
regarding the renewal of the Cable Television Franchise. The City Council Sub -committee has
met with Jones Intercable and Century Communications regarding the proposed Agreement. The
Sub -committee determined that a special work session would assist the City Council in
discussing cable television in general and reviewing the proposed agreement.
The proposed Agreement calls for the following:
• Ten (10) year Agreement
• System Upgrade - Two tiers
(1) Within two years from adoption seven (7) fiber backbone hub sites will be
installed. The seven hub sites will allow for three (3) additional channels to be
added to the line-up, which create the ability to deliver segmented programming
by hub site, rather then to the entire system. The fiber backbone hub sites will
serve approximately 2,600 homes.
(2) Within six (6) years of the installation of the seven backbone hub sites (no
later than December 21, 2004), Grantee (Jones/Century) will complete a rebuild
of the cable system to not less then 550MHz or 78 channels. This upgrade will
increase the channel capability by 21 channels.
• Performance Bond for the construction phase of $500,000. Performance Bond for
Franchise Agreement of $100,000.
• Bonus incentive for the timely completion of the upgrade of an additional five (5) year
term.
AN AGREEMENT BETWEEN THE Cl
AND JONES INTERCABLE, INC.,
EXCLUSIVE FRANCHISE TO OPERATE A CABLE
TELEVISION SYSTEM IN THE CITY OF DIAMOND BAR
AND SETTING FORTH TERMS AND CONDITIONS
RELATING TO THE RENEWAL OF THE FRANCHISE.
[REVISED DRAFT DATED FEBRUARY 4, 1997]
CRAFT
TABLE OF CONTENTS
Page
1. RENEWAL OF FRANCHISE
1.1.
Parties to the.Agreement•
2
1.2.
Representatives of the Part ies•and•Serviceof
2
Notices
1.3.
Definitions . • . . . . . . . . ' . ' ' ' ' ' '
. .
• 2
1.4.
. . . . . ' ' ' ' ' ' . ' ' •
Conflicts • . .
• 3
1.5.
. . . . . . . . . . . . . . . .
Grant •
. 3
1.6.
1.7.
Right ofGrantor•to Issue and Renew Franchise
Effective Date
3
4
1.8.
of Renewal
Duration
4
1.9•
Franchise Not Exclusive . . . . . . . . ' '
' 4
1.10.
Scope of the Franchise . . . . . . . . . . ' '
' 5
.
5
2• GENERAL REQUIREMENTS-"
2.1.
Governing Requirements • . . . . . . . . . ' .
6
2.2.
Franchise Fee . . . . ' ' ' ' ' ' '
6
2.3.
Payment to Grantor. • . . . . . ' ' ' '
'
2.4•
Insurance Requirements • . . ' * * • * ' * ' ' '
' 8
2.5.
Performance Bonds . . * * ' * * * ' ' ' '
' 8
2.6.
Periodic Adjustments. . . . . ' ' ' • • .
• 11
. •
3• RIGHTS
RESERVED TO THE GRANTOR
3.1.
.
Reservation ' ' ' ' ' ' ' • • • • •
14
3.2•
Delegation of Powers • . . ' . . ' ' ' ' ' ' • • •
14
3.3.
Right of Inspection oConstruction . . . ' ' '
f
14
3.4.
Right to Require Removal of Property •
3.5.
. . . .14
Right of Intervention
15
. . . . . . . . . . . . . .
15
4• SYSTEM
4.1.
UPGRADE AND REBUILD AND SPECIAL SERVICES • • • •
Upgrade
15
and Rebuild
4.2.
. . . . ' ' ' • •
Outlets for Public Buildings.
15
4.3.
.
Emergency Alert Capability . . ' ' ' ' • • •
17
4.4.
No Offset Against Franchise Fees . . . ' ' ' • •
17
4.5.
Parental Control Devices ' . ' ' ' • • •
18
4.6.
Technical Standards . . . ' ' ' ' ' • • . •
.
18
18
5• SERVICES, PROGRAMMING AND CONSUMER PROTECTION
STANDARDS . . .
5.1.
Services and• Programming• . . . . . ' ' ' ' • •
18
5.2.
.
Discounts for Low Income Seniors.and.Handicapped
18
5.3.
Persons .
Leased Channel•Service• . . . . . . . ' . . ' ' .
19
5.4.
Nondiscrimination . . . . . . . . ' ' ' ' '
19
5.5.
Billings
'"Bill.of
19
5.6.
Subscriber Rights" • . . . '' ' ' ' • •
20
5.7.
Consumer Protection Standards . . . . . . .
20
5.8.
Tapping and Monitoring' ' ' ' ' • • •
.
20
5.9.
. . . ' . ' ' ' • • •
Subscriber Privacy Rights
20
5.10.
Disclosure of Subscriber Lists• . . . . ' ' ' • •
21
. . . . . . . . .
21
970204 10572-0000913j 0592880 0 -1-
11. ENFORCEMENT PROCEDURES .
11.1. Notice and Hearing •upon Grantee's Default , . • . 36
11.2. Delegation . . . . . . • . • 36
38
12. CONTINUITY OF CABLE TELEVISION SYSTEM SERVICES
12.1. Continuity of Service • • • . 38
12.2. Operation and Management By Grantor . . . . . . . 38
39
970204 10572-00009 Isj 0592880 0 —ii—
DRAFT
6.
SUPPORT OF LOCAL CABLE USAGE
6.1.
Governmental Access Channel . . . . . .
. • . • • 21
6.2.
Educational Access Channel . . . . . •
. . • • • 21
6.3.
Local Origination Programming .
.
. . . • • 22
6.4.
Coverage of Special Events . . . .
• • • • • 22
6.5.
Financial Support for Governmental.Access
22
Channel22
6.6.
Compliance with Federal Law . . . . .
. . . . -
6.7.
Grantor's Covenant Not to Compete
• 23
. . .
. . . . 24
7.
DESIGN AND CONSTRUCTION
7.1.
System Construction • . . . . . . • •
• • . 24
7.2•
7.3•
.
Construction Components and Techniques.
. .
. 24
7.4.
Technical and Performance Standards .
. . . .
• • 24
Construction Codes.
• • •
7.5.
. . . . . . . .
Construction Default.
. . • • • 24
7.6.
.
Vacation or Abandonment . . . . . . • •
• . • • • 25
7.7.
Abandonment in Place . . . . . • _._
• . • • • 25
7.8.
Removal of System Facilities • . . . . .
. . • • • 26
7.9.
Movement of Facilities . . . • .
• • • • • 26
7.10.
Undergrounding of Cable . . . . . . . .
. . • • • 27
7.11.
Facility Agreements . . . . . • •
• • • • 27
7.12.
Repair of Streets and Public •Ways . . .
. • • 27
7.13.
Erection of Poles Prohibited . . •
.
• • • . 27
7.14.
Reservation of Street Rights
.
. . • • 28
. , _ . .
. 28
8.
PERFORMANCE AUDITS AND TECHNICAL DATA
8.1.
Biennial Audit of Performance . . . .
• 28
8.2.
System Technical Data . . .
. .
• • • • 28
8.3.
. .
Emergency Repair Capability
30
30
9•
REVOCATION AND FORFEITURE
9.1.
. . . . • • •
Revocation . .
• • . • 31
9.2.
_.
. . . . . •
. .
Forfeiture . .
.
• • • • • 31
. . .
31
10.
RECORDS;
10.1.
REPORTS; RIGHT TO INSPECT AND AUDIT; EXPERTS 31
Grantee to .
Provide Records
10.2.
. • •
Records
• • • • • 31
10.3.
10.4.
. . .
Maintenance and Inspection of Records
• 32
. .
10.5.
.
Reports of Financial and Operating Activity . . . 32
Performance
10.6.
Tests and Compliance Reports
Additional Reports
. . . . 33
10.7.
Communications with Regulatory.Agencies
. . . • 33
34
10.8.
.
Inspection of Facilities
• • • •
10.9.
. . . • •
Right to Audit
• • • • 34
10.10.
. . . .
Retention of Experts . . .
• • • 34
, , , . .
.
11. ENFORCEMENT PROCEDURES .
11.1. Notice and Hearing •upon Grantee's Default , . • . 36
11.2. Delegation . . . . . . • . • 36
38
12. CONTINUITY OF CABLE TELEVISION SYSTEM SERVICES
12.1. Continuity of Service • • • . 38
12.2. Operation and Management By Grantor . . . . . . . 38
39
970204 10572-00009 Isj 0592880 0 —ii—
EXHIBIT A CHAPTER 13.12 OF THE DIAMOND BAR CODE AS ADOPTED
AND IN EFFECT ON THE EFFECTIVE DATE OF FRANCHISE
RENEWAL .
EXHIBIT B OWNERSHIP
EXHIBIT C DESCRIPTION OF AND PERFORMANCE CRITERIA
FOR THE UPGRADE AND REBUILD OF THE CABLE
SYSTEM TO BE COMPLETED BY GRANTEE
EXHIBIT D CONSUMER PROTECTION STANDARDS
970204 10572-00009 uj 0592880 0
-iii-
40
40
42
42
43
44
44
45
45
45
45
45
52
53
53
53
DRAFT
13. MISCELLANEOUS PROVISIONS
.
13.1. Assignment, Transfer, Sale, and
Control.
Change of -
13.2. Force Majeure
13.3. Possessory Interest
_
13.4. Indemnification
13.5. Conflict of Interest .. . . .
•
13.6. Resolution
. ' ' ' ' ' ' -
of Disputes
13.7. Amendments
13.8. Binding Upon• Successors
13.9.
-
-
Counterpart Execution
13.10. Applicable
Law
14. DEFINITIONS.
15. COMPETITIVE CABLE -TELEVISION FRANCHISES.
16. AUTHORITY AND EFFECTIVE DATE.
16.1. Authority
• • • • .
16.2. Effective Date
EXHIBIT A CHAPTER 13.12 OF THE DIAMOND BAR CODE AS ADOPTED
AND IN EFFECT ON THE EFFECTIVE DATE OF FRANCHISE
RENEWAL .
EXHIBIT B OWNERSHIP
EXHIBIT C DESCRIPTION OF AND PERFORMANCE CRITERIA
FOR THE UPGRADE AND REBUILD OF THE CABLE
SYSTEM TO BE COMPLETED BY GRANTEE
EXHIBIT D CONSUMER PROTECTION STANDARDS
970204 10572-00009 uj 0592880 0
-iii-
40
40
42
42
43
44
44
45
45
45
45
45
52
53
53
53
DRAFT
FRANCHISE AGREEMENT
THIS FRANCHISE AGREEMENT ("Agreement") is entered into
this day of , 1997, at Diamond Bar, California,
by the City of Diamond Bar, a municipal corporation of the State
of California ("Grantor"), and Jones Intercable, Inc., a Colorado
corporation, ("Grantee").
RECITALS
A. Grantor previously adopted Ordinance No. 14 that
has been codified in Chapter 13.12 of the Diamond Bar Code
("Code"), a copy of which is attached as Exhibit A and
incorporated by this reference.
B. In accordance with Chapter 13.12, Grantor is
authorized to issue and to renew one or more non-exclusive
revocable franchises to construct, reconstruct, operate, and
maintain a cable television system in the City of Diamond Bar.
C. After due evaluation of the Grantee, and after
public hearings, Grantor has determined that it is in the best
interests of the Grantor and its residents to renew its franchise
with Grantee.
NOW, THEREFORE, in accordance with the provisions of
Chapter 13.12 and this Agreement, Grantor grants to the Grantee,
and Grantee accepts from the Grantor, a renewal of a cable
television franchise.
970204 10572 -MM W 0592950 0 - 1 -
1• RENEWAL OF FRANCHISE. DRAFT
1.1. Parties to the Agreement. The parties to this
Agreement are:
(a) Grantor: The City of Diamond Bar, a municipal
corporation, having its principal office at 21660 Copley Drive,
Diamond Bar, California 91765.
(b) Grantee: Jones Intercable, Inc., a Colorado
corporation, with ownership as set forth in Exhibit B, and having
a local office in this state at 20965 Lyncoming Street, Walnut,
California 91789.
1.2. Representatives of the Parties and Service of Notices.
The representatives of the parties who are primarily responsible
for the administration of this Agreement, and to whom formal
notices, demands and communications must be given, are as
follows:
(a) The principal representative of the Grantor is:
City Manager
Diamond Bar City Hall
21660 Copley Drive, Suite 100
Diamond Bar, California 91765
(b) The principal representative of the Grantee is:
General Manager
Jones Intercable, Inc.
20965 Lyncoming Street
Walnut, California 91789
(c) Formal notices, demands and communications to be
given by either party must be in writing and may be effected by
personal delivery, or by first class or certified mail, return
receipt requested.
970204 10572.00009 isj 0592890 0 — 2 —
DRAFT
(d) If the name of the principal representative
designated to receive the notices, demands, or communications, or
the address of that person, is changed, written notice must be
given within five (5) working days of that change.
1.3. Definitions. Unless otherwise defined, or if the use
or context clearly requires a different definition, certain
words, terms, and phrases and their derivations, as used in this
Agreement have the meanings set forth below in Section 14 of this
Agreement.
1.4. Conflicts. In the event of any conflict or
inconsistency between the provisions of this Agreement and the
provisions of Chapter 13.12 of the Code,.the provisions of this
Agreement will control.
1.5. Grant. The cable television system franchise
originally granted by Los Angeles County Ordinance No. 12,137 on
April 22, 1980, to Walnut Valley Cable Television and thereafter
transferred, with the consent of Los Angeles County, to Grantee
on January 11, 1989, is hereby renewed, subject to the terms and
conditions of this Agreement and the provisions of Chapter 13.12
of the Code, all of which supersede in their entirety the terms,
conditions, and provisions of all prior ordinances relating to
this franchise. This renewal extends the franchise, authority,
right, and privilege to construct, reconstruct, operate, and
maintain a cable television system in the "franchise service
area" that is here defined as the territorial limits of the City
of Diamond Bar as they exist on the effective date of this
970204 10572-WM tej 0592990 0 — 3 —
Agreement, and any additional territory that may be annexed
during the term of this Agreement.
1.6. Riaht of Grantor to Issue and Renew Franchise.
Grantee expressly acknowledges the right and authority of Grantor
to issue and renew the franchise, and Grantee agrees it will not
hereafter challenge Grantor's exercise of this right and
authority in any court of competent jurisdiction, or otherwise.
1.7. Effective Date of Renewal. This franchise renewal
will commence on the effective date of the ordinance authorizing
the renewal, or on the date specified in that ordinance as the
effective date of renewal. Prior to the effective date, Grantee
must file with the City Clerk its written acceptance of the
ordinance renewing the franchise. That acceptance may be in the
form of Grantee's signature on the face of the ordinance. Within
thirty (30) days after the effective date of the ordinance,
Grantee must file with the City Clerk any required performance
bonds and insurance policies or insurance certificates; provided,
however, that if the filing of these documents does not occur
within that thirty (30) day period, or any authorized extension
of that period, the Grantor may declare this franchise renewal
null and void.
1.8. Duration. The term of the franchise renewal is
ten (10) years from the effective date as specified in
Section 1.7; provided, however, that this franchise will be
extended for an additional period of five (5) years upon
Grantee's timely completion of the upgrade and rebuild of the
cable system that is more fully described in the attached
970204 10572-00009 hi 0592880 0 - 4 -
DRAFT
Exhibit C. Renewal of the franchise, if any, will be in
accordance with then applicable law.
1.9. Franchise Not Exclusive. The cable television fran-
chise granted by this Agreement may not be construed to limit in
any manner the right of Grantor, through its authorized officers
and in accordance with applicable law, to grant to other
individuals or entities, by franchise, permit, license, or
otherwise, any rights, privileges or authority similar to or
different from the rights, privileges and authority herein set
forth, in the same or other streets, public ways, public places,
or other property that the Grantee is entitled to occupy;
provided, however, that those additional grants will not operate
to revoke, terminate, or materially and adversely affect any
rights granted to Grantee by this Agreement; and provided,
further, that the provisions of Section 16 of this Agreement will
be applicable to future cable -television franchises.
1.10. Scone of the Franchise.
(a) Grantee is authorized and obligated to construct,
reconstruct, and operate the cable television system within the
Public streets and rights-of-way. The authority granted includes
the privilege to use the Grantees cable television system in the
franchise service area for the provision of cable television
services, as well as other services authorized by Grantor that
are not cable television services, to subscribers located in
residential dwelling units and commercial structures.
(b) Grantor reserves all rights it now has or
subsequently acquires with respect to the authorization and
970204 10572-00009 bj 0592880 0 — 5 -
4
regulation of non -cable television services, including, but not
limited to, the right to impose reasonable terms and conditions
in addition to or different from those set forth in this
Agreement with respect to the provision of any non -cable
television services, and to charge a franchise fee or other form
of consideration or compensation in excess of that specified
herein; provided that such terms and conditions and such
franchise fee or other form of consideration or compensation must
be consistent with federal and state law applicable to non -cable
television services delivered over the cable system; and provided
further that the Grantor and Grantee will negotiate in good faith
as to those terms and conditions and that franchise fee or other
form of consideration or compensation prior to any unilateral
implementation by the Grantor, which terms and conditions may
ultimately be unilaterally modified by the Grantor if not
otherwise prohibited by applicable law.
(c) Grantee must provide written notice to the
Grantor at least thirty (30) days before offering or distributing
of any non -cable television services over the cable system.
(d) Grantor and Grantee expressly reserve the right
to seek a judicial determination as to whether any particular
service offered by Grantee on its system constitutes cable
television service for purposes of this franchise.
2. GENERAL REQUIREMENTS.
2.1. Governing Re uirements. Grantee must comply with all
provisions of this Agreement, the provisions of Chapter 13.12 of
the Code, and all other applicable laws and regulations.
970204 10572-00" Iaj 0592880 0 — 6 —
2.2. Franchise Fee.
(a) As compensation for the franchise granted by
Grantor, and in consideration for authorization to use the
streets and public ways of Grantor for the construction,
reconstruction, operation, and maintenance of Grantee's cable
television system, the Grantee will pay to the Grantor the
following:
An annual franchise fee of five percent (5%) of
the Annual Gross Receipts, as defined in Section -14 of this
Agreement, received by Grantee from the operation of the cable
television system in the Grantor's franchise service area,
including those revenues received by Grantee from sources other
than subscribers in connection with the transmission of
advertisements, the provision of programming, and the
distribution of other authorized services over the Grantee's
system within the franchise service area.
(b) The franchise fee specified above in
paragraph (a) must be computed and paid by Grantee to Grantor's
Finance Department on a quarterly basis, on or before April 20,
July 20, and October 20 of each calendar year. The payment for
the last calendar quarter will be adjusted following Grantee's
review of its Annual Gross Receipts and must be paid not later
than sixty (60) days after the end of each calendar year. This
payment must be accompanied by the reports specified in
Subsection 10.4 of this Agreement.
(c) If the franchise fee "true -up" payment referenced
above in the second sentence of paragraph (b) is not made on or
970204 10572-00009 Isj 0592880 0 — 7 —
before the date specified, Grantee must pay as additional
compensation an interest charge, computed from the applicable due
date, at an annual rate equal to the prevailing commercial prime
interest rate in effect on the due date, plus one percent (1%).
(d) In addition to any late payment made in
accordance with paragraph (c) above, if a payment is overdue by
sixty (60) days or more, Grantee will pay to Grantor a sum of
money equal to five percent (5%) of the amount due in order to
defray additional costs and expenses incurred by-Orantor as a
consequence of that delinquent payment.
2.3. Payment to Grantor.
(a) No acceptance of any payment by Grantor may be
construed as an accord that the amount is in fact the correct
amount, nor may acceptance of payment be construed as a release
of any claim the Grantor may have against Grantee for any
additional sums payable under the provisions of this Agreement.
(b) All amounts paid are subject to independent audit
and recomputation by Grantor. If, after audit, any recomputation
indicates a franchise fee underpayment of more than three
percent (3%), Grantee must reimburse Grantor, within twenty (20)
days of written notification, for all reasonable costs and
expenses incurred in connection with that audit and
recomputation.
2.4. Insurance Requirements.
(a) Upon the effective date of this Agreement,
Grantee, at its sole cost and expense, must obtain, and
970204 10572 -MM W 0694880 0 - 8 -
6
thereafter maintain for the full term of this Agreement all of
the following insurance coverages:
1. Types of Insurance and Minimum Limits. The
coverages required below may be satisfied by any combination of
primary liability and excess liability policies.
A. Workers' Compensation and Employer's
Liability Insurance in conformance with the laws of the State of
California.
B. Grantee's vehicles, including owned,
non -owned (i.e., owned by Grantee's employees and used in the
course and scope of employment), leased, or hired vehicles, must
each be covered with Automobile Liability Insurance in the
minimum amount of one million dollars ($1,000,000) combined
single limit per accident for bodily injury and property damage.
C. Grantee must obtain and maintain
Comprehensive or Commercial General Liability Insurance coverage
in the aggregate annual amount of one million dollars
($1,000,000) combined single limit, including bodily injury,
personal injury, and broad form property damage. This insurance
coverage must include, without limitation:
(i) Contractual liability coverage
adequate to meet the Grantee's indemnification obligations under
this Agreement; and
(ii) a cross -liability clause.
D. Grantee must obtain and maintain
Slander/Libel/Defamation Liability Insurance in the aggregate
amount of one million dollars ($1,000,000).
970204 10572-00009 Isj 0592980 0 — 9 —
2. All required Automobile Liability Insurance
and Comprehensive or Commercial General Liability Insurance
policies must contain the following endorsement:
"The City of Diamond Bar is added as an
additional insured as respects the operations of
the named insured under the cable television
franchise granted by the City, and this insurance
specifically covers the acts and omissions of
Grantee, and its employees, agents, and
subcontractors, in the performance of all work
thereunder."
3. The insurance required of Grantee under this
franchise is primary, and no insurance held by Grantor may be
called upon to contribute to a loss under this coverage.
4. All insurance policies must provide that, in
the event of material change, reduction, cancellation, or non-
renewal by the insurance carrier for any reason, not less than
thirty (30) days, written notice will be given to Grantor by
registered mail of such intent to cancel, materially change,
reduce, or not renew the coverage. An authorized agent of the
insurance carrier must provide to the Grantor, on such schedule
as is requested by the Grantor, a certification that all
insurance premiums have been paid and all coverages are in force.
If for any reason Grantee fails to obtain or keep any of the
insurance in force, Grantor may (but is not required to) obtain
that insurance. In that event, Grantee must promptly reimburse
970204 10572 -MM Isj 0592980 0 — 10 —
Grantor its premium costs therefor, plus one and one-half
percent (1-1/2%) monthly interest thereon until paid.
5. All insurance must be obtained from
companies that are licensed to do business in California.
6. Any deductible or self-insured retentions in
excess of $350,00 must be approved by Grantor.
(b) Grantee must provide to Grantor, within
thirty (30) days after the effective date of this Agreement,
written insurance binders, statements of property.. -coverage, or
certificates of insurance.
(c) Grantor reserves the right to require Grantee to
increase the amount or limits of insurance coverage specified
above no more often than every three (3) years during the term of
the franchise. Any such increase will be determined in
accordance with the procedures set forth in Subsection 2.6 of
this Agreement.
2.5. Performance Bonds.
(a) Performance Bond for Construction. During the
term of this Agreement, Grantee may be required to provide to
Grantor a performance bond if Grantor determines that any
construction, reconstruction, or upgrade of the cable television
system is of sufficient magnitude to warrant a performance bond.
The performance bond, which may be a corporate surety bond, must
be in a principal sum as specified by Grantor and in a form
approved by Grantor's City Attorney; provided, however, that the
principal sum of the performance bond may not exceed $500,000.
The performance bond may be reduced during the course of
970M 10572-00009 Isj 0592950 0 — 11 —
Grantee's construction, reconstruction, or upgrade of the cable
television system, provided that Grantee is not then in material
default under any provision of this Agreement.
(b) Performance Bond for Other Obligations. Within
thirty (30) days after the effective date of this Agreement,
Grantee must provide to Grantor a performance bond to guarantee
the Grantee's performance of its obligations under this
Agreement, excluding those obligations relating to construction
referenced above in paragraph (a). The performar&ae bond will be
in the sum of not less than One Hundred Thousand Dollars
($100,000) and will be subject to and in compliance with the
following requirements:
1. The performance bond will be available to
Grantor to secure and to satisfy any and all claims, penalties,
liens, fees, payments, costs, damages, or taxes due Grantor from
Grantee that arise by reason of the operation or maintenance of
the cable television system.
2. After notice and hearing requirements
specified in Section 11 of this Agreement have been satisfied, if
the Grantee fails or refuses to pay to the Grantor any amounts
due under the terms and provisions of this Agreement, the Grantor
may thereafter claim against the performance bond the amount
thereof, plus accrued interest and penalties.
3. Within thirty days after Grantee's receipt
of written notice from the Grantor that any amount has been
claimed and received by the Grantor under the performance bond in
satisfaction of any of Grantee's obligations specified above in
970204 10572-00009 Isj 0592890 0 — 12 —
subsection (1), the Grantee must restore the performance bond to
the amount required by this Agreement.
4. The rights reserved to the Grantor with
respect to this performance bond are in addition to all other
rights of the Grantor pursuant to this Agreement, including
Grantor's rights under the performance bond for construction
referenced above in paragraph (a). The Grantor's exercise of
rights with respect to this security bond will not constitute an
election of remedies or a waiver of any other rights the Grantor
may have.
(c) Adjustments. Grantor reserves the right to
require Grantee to increase the principal amount of the
performance bond specified above in paragraph (b), and the
insurance coverage specified above in Section 2.4, no more often
than every three (3) years during the term of the franchise. Any
such increase will be determined in accordance with the
procedures set forth in Section 2.6 of this Agreement.
2.6. Periodic Adjustments. If the amount of the
performance bond or insurance coverage required of Grantee under
this Agreement is proposed to be increased at specified intervals
during the term of the franchise, any such increase will be
determined in accordance with the following procedures:
The increase in any amount subject to periodic
adjustment under this Agreement will be determined by
Grantor's Director of Finance as of the applicable
anniversary date of this Agreement, based upon the
Consumer Price Index, All Urban Consumers, for the Los
970204 10572-00009 Vj 0592890 0 - 13 -
Angeles -Anaheim -Riverside Area ("CPI"), as published by
the United States Department of Labor, Bureau of Labor
Statistics, or its successor. The Director of Finance
will compute the percentage difference between the CPI
as it existed on the effective date of this Agreement
and the CPI as it exists on the applicable anniversary
date. The Director of Finance will then increase by
such percentage the amount subject to periodic
adjustment. The adjusted amount will be rounded off to
the nearest dollar. If the Bureau of Labor Statistics
revises that index or discontinues the preparation of
that index, the Director of Finance must use the
revised index or a comparable system as approved by the
Council for determining fluctuations in the cost of
living.
3. RIGHTS RESERVED TO THE GRANTOR.
3.1. Reservation. Grantor reserves every right it may have
in relation to its power of eminent domain over Grantee's
franchise and property.
3.2. Delegation of Powers. Any right or power in, or duty
retained by or imposed upon Grantor, or any officer, employee,
department, commission, or board of Grantor, may be delegated by
Grantor to any officer, employee, department or board of Grantor,
or to such other person or entity as Grantor may designate to act
on its behalf.
3.3. Right of Inspection of Construction. The Grantor has
the right to inspect all construction, installation, or other
970204 10572-00009 bi 0592980 0 — 14 —
work performed by Grantee in connection with the franchise, and
to make such tests as may be necessary to ensure compliance with
the terms of this Agreement, so long as that inspection and
testing does not unreasonably interfere with Grantee's
operations.
3.4. Right to Require Removal of Property. Consistent with
applicable law, at the expiration of the term or any renewal term
or extension for which the franchise is granted, or upon its
lawful revocation, expiration, or termination, the Grantor has
the right to require the Grantee to remove, within a reasonable
period of time and at Grantee's expense, all portions of its
system and any other property from all streets and public
rights-of-way within the franchise service area.
3.5. Right of Intervention. Grantor has the right to
intervene in any suit, proceeding, or other judicial or
administrative proceeding in which the Grantor has any material
interest, and to which the Grantee is made a party.
4. SYSTEM UPGRADE AND REBUILD AND SPECIAL SERVICES.
4.1. Upgrade and Rebuild. The upgrade and rebuild of the
cable system that is to be undertaken and completed by the
Grantee is more fully described in the attached Exhibit C.
(a) Progress Reports. During the period of the
upgrade and rebuild, Grantee will provide to Grantor quarterly
progress reports describing the work performed, by area, during
the previous months.
(b) Penalties for Delay. Grantor, at its option, may
apply one or more of the following penalties in a sequential
970204 10572-00009 Isj 0592880 0 — 15 —
manner if Grantee fails to complete the upgrade and rebuild of
its cable television system by the dates specified below:
1. With regard to the seven fiber backbone hub
sites that are required to be installed no later than two years
after the effective date of this Agreement, as specified in
Exhibit C, Grantor may impose liquidated damages of up to One
Thousand Dollars ($1,000) per day for each day following the date
upon which all of said hub sites are required to be installed.
2. With regard to the 550 MHz ox equivalent
channel capacity rebuild of the cable system that is required to
be completed no later than December 31, 2004, as specified in
Exhibit C, Grantor may impose the following penalties:
A. Grantor may impose liquidated damages of
up to One Thousand Dollars ($1,000) per day for each day
following the date upon which the rebuild of the cable system is
required to be completed.
B. For each month of delay exceeding
three (3) months from the date upon which the rebuild of the
cable system is required to be completed, Grantor may reduce the
term of the franchise for a period up to three (3) months.
C. For a delay exceeding one year from the
date upon which the rebuild of the cable system is required to be
completed, Grantor may require total or partial forfeiture of the
performance bond required by this Agreement.
D. For a delay exceeding eighteen (18)
months from the date upon which the rebuild of the cable system
is required to be completed, Grantor may terminate the franchise.
970204 10572-00009 Isi 0592880 0 — 16 —
4.2. Outlets for Public Buildings. Upon Grantor's written
request, Grantee will install and maintain, without charge, one
outlet to each public facility, including public school
buildings, provided that the location is within 500 feet of the
Grantee's cable system and may be served by a normal aerial
installation or by existing underground conduit. Grantee will
provide, without charge, basic cable service to all new and
existing outlets at public facilities, including public school
buildings. Upon Grantor's written request, Grantee will also
install cable and additional outlets at specified public
facilities that are located more than 500 feet from Grantee's
cable system, or that may require underground or other customized
work; provided, however, that the costs to Grantor of such
installations may not exceed the actual installation costs
incurred by Grantee. Grantor will inform Grantee of the
construction of new public facilities so that cable can be
installed at the time of construction in order to minimize costs.
4.3. Emergency Alert Capability. Upon request of the
Grantor, Grantee must make its facilities available for use by
the Grantor during a disaster or public emergency. Grantee must
provide the system with emergency audio override capability so as
to enable law enforcement personnel and designated public
officials to interrupt and cablecast emergency audio messages
simultaneously on all channels. Equipment for these purposes
will be installed, at Grantee's sole expense, in a location
designated by the Grantor's principal representative.
970204 10572-00009 hi 0592980 0 - 17 -
4.4. No Offset Against Franchise Fees. In accepting this
franchise, Grantee acknowledges that the commitments specified in
this Section 4 are voluntarily assumed, and their costs will not
be offset against any franchise fees payable by Grantee to
Grantor during the term of the franchise.
4.5. Parental Control Devices. Grantee must provide to
subscribers, upon request, a parental control device, "lockbox,"
digital code, or equivalent device that enables the subscriber to
prevent the viewing of selected channels.
4.6. Technical Standards. The FCC Rules and Regulations,
including Part 76, Subpart K (Technical Standards), and any
amendments or supplements thereto, will apply to the Grantee's
operations to the extent permitted by applicable law.
5. SERVICES. PROGRAMMING AND CONSUMER PROTECTION STANDARDS.
5.1. Services and Programming.
(a) Grantee must provide all subscribers, and the
Grantor, with not less than thirty (30) days prior written notice
of any proposed changes in rates and charges and any proposed
reduction or augmentation of programming services, unless Grantor
agrees in writing to waive this requirement or unless this
requirement is prohibited by federal or state statutes or
regulations.
(b) Grantee has the right to establish different
classifications of service for residential and commercial
subscribers. Grantee's charges and rate schedules must be
adopted and maintained in accordance with all applicable federal
and state statutes and regulations.
970204 10572-0WW Isj 0592980 0 — 18 —
5.2. Discounts for Low Income Seniors and Handicapped
Persons. [Are any discounts of this nature to be provided by
Grantee?]
5.3. Leased Channel Service. Grantee must offer leased
channels in accordance with applicable law.
5.4. Nondiscrimination. Grantee may not discriminate
between or among subscribers within one type or class in the
availability of services, at either standard or differential
rates set forth in published rate schedules, except as otherwise
authorized by law or by this Agreement. No charges may be made
for services except as set forth in published schedules that are
available for inspection at Grantee's office, quoted by Grantee
on the telephone, or displayed or communicated to existing or
prospective subscribers. However, upon Grantee's written
request, Grantor may authorize Grantee to conduct demonstration
service projects and service offerings of limited duration to
specified areas of the City without making those projects or
services generally available throughout the franchise service
area. Grantee must demonstrate to Grantor that the selected
areas are statistically valid and not based upon any invidious
subscriber classifications and that the temporary authorization
will be solely for offering services for demonstration or test
marketing purposes. The Grantee must specify in its written
request the proposed duration of the demonstration project and
must the pay the franchise fee on all revenues received from its
use of the cable system for that project.
970204 10572-00009 hi 0592980 0 - 19
5.5. Billings. Grantee may not charge subscribers for
services more than one month in advance unless an individual
subscriber authorizes a longer period. All bills and billing
statements must clearly indicate the billing period, the actual
due date, and the amount of the penalty for late payment.
5.6. Subscriber "Bill of Rights". A subscriber "bill of
rights," approved by Grantor as to form and content, must be
provided by the Grantee to each new subscriber and not less than
once each calendar year during the term of the fretnchise to each
existing subscriber. This "bill of rights" may include the
information required to be provided by Grantee to its subscribers
as set forth in the provisions of Exhibit D ("Consumer Protection
Standards").
5.7. Consumer Protection Standards. Grantee must comply
with the requirements and procedures set forth in Exhibit D
relating to consumer protection standards, and with all
applicable FCC standards and regulations relating to consumer
protection.
5.8. Tapping and Monitoring. The Grantee may not tap or
monitor, or permit any other person controlled by Grantee to tap
or monitor, any cable, line, signal input device, or subscriber
outlet or receiver, for any purpose whatsoever without the
express written consent of the subscriber or a court order
therefor; provided, however, that the Grantee may monitor
customer service calls for quality control purposes and may
conduct system -wide or individually -addressed "sweeps" for the
purpose of verifying system integrity, controlling return path
970204 10572-00" {sj 0592980 0 — 20 —
w
transmission, monitoring service levels or billing -for -pay
services, or checking for unauthorized connections to the cable
television system.
5.9. Subscriber Privacy Rights. Grantee must comply with
all federal, state, and local statutes and regulations relating
to the privacy rights of subscribers, including the collection of
data pertaining to individual subscribers.
5.10. Disclosure of Subscriber Lists. Grantee may not
disclose, or sell, or permit the disclosure or sa-le, of its sub-
scriber list without the prior written consent of each subscriber
on that list; provided that Grantee may use its subscriber list
as necessary for the marketing of Grantee's services, the
maintenance of Grantee's facilities authorized by this Agreement,
and.the billing of subscribers for cable services; and provided
further, that consistent with applicable law, Grantor may use
Grantee's subscriber list for the purpose of communicating with
subscribers in connection with matters relating to the operation,
management, and maintenance of the cable system.
6. SUPPORT OF LOCAL CABLE USAGE.
6.1. Governmental Access Channel. Grantee will make
available to Grantor, at no cost to Grantor, one channel for the
exclusive use of the City, or its designee, for non-commercial
governmental access purposes. Use of the governmental access
channels will be under the exclusive control of the Grantor and
subject to such rules and regulations as the Grantor may
establish.
970204 10572-00009 bj 0592860 0 — 21 —
6.2. Educational Access Channel. Grantee will make
available to Grantor, at no cost to Grantor, one channel for the
purpose of providing local programming of educational value to
the community.
6.3. Local Origination Programming. At its option, Grantee
has the right to use one channel for local origination
programming.
6.4. Coverage of Special Events. Grantee will provide to
Grantor technical assistance and all equipment required in order
to cover between 10 and 15 special community events each year, as
may be requested by the Grantor, subject to reasonable advance
notice and the availability of Grantee's staff.
6.5. Financial Support for Governmental Access Channel.
(a) In lieu of Grantee's performance of the
obligations specified above in Section 6.4, Grantor may require
that Grantee make certain financial contributions for the
purchase of equipment for the governmental access channel.
Specifically, upon Grantor's request, Grantee will pay to Grantor
the sum of Fifty Thousand Dollars ($50,000) for use by the
Grantor in purchasing governmental access channel equipment.
This sum will be paid by Grantee to Grantor within thirty (30)
days after receipt of a budget from the Grantor that describes
the proposed expenditures for equipment for the non-commercial
use of the governmental access channel. If Grantor exercises its
rights under this Section 6.5 at any time after the first
anniversary of this Agreement, the contribution specified herein
970204 10572-00009 tsj 0592880 0 — 22 —
will be reduced by 10% for each anniversary date that has elapsed
after the effective date of this Agreement.
(b) If Grantor invokes its rights under this Section
6.5, Grantee will also pay to Grantor an annual payment in the
sum of Five Thousand Dollars ($5,000) for the year in which the
election is made and for each succeeding year of this franchise,
including each extended year of this franchise as provided for in
Section 1.8 above. Such annual payment will be made by Grantee
to Grantor within thirty (30) days after receipt.saf a budget from
the Grantor that describes the need for funding for equipment for
the governmental access channel. Grantee is not obligated to
make any $5,000 annual payment during any year in -which Grantor
has not exercised its rights under this Section 6.5.
(c) Notwithstanding the provisions of subparagraphs
(a) and (b) above, Grantor and Grantee agree that if new
technology requires additional and unforeseen expenditures in
order to use effectively the governmental access channel, then
the parties will meet and confer and negotiate in good faith
additional subsidies to be paid by Grantee for the support of the
governmental access channel.
(d) If the Grantor elects to require Grantee to
provide the financial support for the governmental access channel
as specified in this Section 6.5, then the Grantor will be deemed
to have waived any rights to require Grantee to provide the
services specified in Section 6.4.
6.6. Compliance with Federal Law. In accepting this
franchise, Grantee acknowledges that the commitments specified in
970204 10572-00009 Isj 0592880 0 — 23 —
this Section 6 are voluntarily assumed, and their costs will not
be offset against any franchise fees payable by Grantee to the
Grantor during the term of the franchise.
6.7. Grantor's Covenant Not to Compete. Grantor covenants
and agrees with Grantee that it will not use its designated
governmental access channel or education access channels to
provide commercial or revenue -generating services that may,
directly or indirectly, compete with services provided by
Grantee. --
7. DESIGN AND CONSTRUCTION.
7.1. System Construction. The system must be constructed,
rebuilt, and upgraded in accordance with the provisions of this
Agreement; provided, however, that Grantee is obligated to
construct and operate its cable system only where there are at
least forty (40) residential dwelling units per linear mile.
7.2. Construction Components and Techniques. Construction
components and techniques must comply with the terms of this
Agreement and all applicable law.
7.3. Technical and Performance Standards. Grantee must
construct, reconstruct, install, operate, and maintain its system
in a manner consistent with all applicable federal, state, and
local laws and ordinances, construction standards, construction
specifications, FCC technical standards, and any additional
standards set forth in this Agreement.
7.4. Construction Codes. The Grantee must strictly adhere
to all building and zoning codes now or hereafter in force and
must.obtain all necessary permits. The Grantee must arrange its
970204 10572.00009 Isj 0592850 0 — 24 —
lines, cables, and other appurtenances, on both public and
private property, in such a manner as to cause no unreasonable
interference with the use of that property by any person. In the
event of such interference, the Grantor may require the removal
of the Grantee's lines, cables, and appurtenances from the
property in question. Except in emergency situations, Grantee
must give at least forty-eight (48) hours advance notice to all
affected property owners, and to the Grantor, prior to installing
any above -ground or underground structures upon QNantor's
easements located on private property. Grantee must be a member
of Underground Service Alert. Grantor will not modify its
construction requirements subsequent to the completion of
construction so as to require reconstruction or retrofit unless
the public health and safety so requires.
7.5. Construction Default. Upon the failure, refusal or
neglect of Grantee to undertake or complete any construction,
reconstruction, repair, or other necessary work as required by
this Agreement, thereby creating an adverse impact upon the
public health, welfare or safety, Grantor may (but is not
required to) cause that work to be completed, in whole or in
part, and upon so doing will submit to Grantee an itemized
statement of costs. Grantee will be given reasonable advance
notice of Grantor's intent to exercise this power, and thirty
(30) days to cure the default. Grantee must, within thirty (30)
days of billing, pay to Grantor the actual costs incurred.
7.6. Vacation or Abandonment. If any street, alley, public
highway, or portion thereof used by the Grantee is vacated by the
970204 10572-00009 lej 0592880 0 — 25 —
Ci2AFT
Grantor, or its use is discontinued by the Grantee, then upon
reasonable notice the Grantee must forthwith remove its
facilities therefrom unless otherwise specifically authorized.
Following that removal, Grantee must restore, repair, or
reconstruct the area where that removal has occurred to such
condition as may be required by the Grantor, but not in excess of
the original condition. Upon any failure, neglect, or refusal of
the Grantee, after thirty (30) days' notice by the Grantor, to do
such work, Grantor may cause it to be done, and within thirty
(30) days of billing, Grantee must pay to Grantor the actual
costs incurred.
7.7. Abandonment in Place. Grantor may, upon written
application by Grantee, approve the abandonment in place by
Grantee of any property, under such terms and conditions as
Grantor may approve. Upon Grantor -approved abandonment in place
of any property, Grantee must cause to be executed, acknowledged,
and delivered to Grantor such instruments as Grantor may
prescribe and approve, transferring and conveying ownership of
that property to Grantor.
7.8. Removal of system Facilities. If Grantee's plant is
deactivated for a continuous period of thirty (30) days (except
for reasons beyond Grantee's control), and without prior written
notice to and approval by Grantor, then Grantee must, at
Grantor's option and demand, and at the sole expense of Grantee,
promptly remove from any streets or other public areas all
property of Grantee. Grantee must promptly restore the streets
970204 10572 -MM Isj 0592990 0 — 26 —
or other public areas from which its property has been removed to
the condition existing prior to Grantee's use thereof.
7.9. Movement of Facilities. If Grantor determines it is
necessary to temporarily move or remove any of the Grantee's
property for a public purpose, Grantee, upon reasonable notice,
must move, at the expense of Grantee, its property in order to
facilitate that public purpose. No such movement will be deemed
a taking of Grantee's property. Nothing herein limits the right
of Grantee to seek reimbursement from any party other than
Grantor.
7.10. Undergrounding of Cable. Cables must be installed
underground at Grantee's cost where all existing utilities are
already underground. Previously installed aerial cable will be
installed underground at Grantee's pro rata cost in concert with
other utilities as those other utilities convert from aerial to
underground construction.
7.11. Facility Agreements. This Agreement does not relieve
Grantee of any obligations to obtain pole or conduit space from
any department of Grantor, from any utility company, or from
others maintaining utilities in Grantor's streets.
7.12. Repair of Streets and Public Ways. All streets and
public ways, and improvements located within those streets and
public ways, that are disturbed or damaged by the Grantee or its
contractors during the construction, reconstruction, operation,
or maintenance of the System, must be restored at Grantee's
expense, and within the time frame and limits specified by
Grantor.
970204 10572-00009 bj 0592880 0 — 27 —
7.13. Erection of Poles Prohibited. Grantee may not erect
any pole on or along any street or public way where there is an
existing aerial utility system. If additional poles in an
existing aerial route are required, Grantee must negotiate with
the appropriate public utility for their installation. Any such
installation requires the advance written approval of the
Grantor. Subject to applicable federal and state law, the
Grantee must negotiate the lease of pole space and facilities
from the existing pole owners for all aerial construction, under
mutually acceptable terms and conditions.
7.14. Reservation of Street Rights. Nothing in this
Agreement precludes the Grantor from constructing, repairing, or
altering any public work or improvement. To the extent
practicable, Grantor will notify Grantee of any such work that
may affect Grantee's franchise property. Grantor's work will be
done, insofar as practicable, in such manner as not to
unnecessarily obstruct, injure or prevent the free use and -
operation of any property of Grantee. However, if any property
of Grantee interferes with the construction, maintenance, or
repair of any public improvement, that property must be removed
or replaced in such manner as may be directed by Grantor so as
not to interfere with the public work or improvement, and that
removal or replacement will be at the expense of the Grantee.
8. PERFORMANCE AUDITS AND TECHNICAL DATA.
8.1. Biennial Audit of Performance.
(a) Grantor may require, at its option, that
performance audits of the cable television system be conducted
970204 10572 -MM 1sj 0592880 0 — 28 —
every two years by an independent technical consultant selected
and employed by Grantor to verify that the system complies with
all technical standards and other specifications of this
Agreement.
(b) Upon completion of a performance audit, the
Grantor and Grantee will meet to review the performance of the
cable television system. The reports required by this Agreement
regarding subscriber complaints, the records of performance
audits and tests, and any opinion survey reports that may be
conducted by Grantor or Grantee will be used as the basis for
review. In addition, any subscriber may submit complaints prior
to or during the review meetings, either orally or in writing,
and these will also be considered.
(c) Within thirty (30) days after the conclusion of
the system performance review meetings, Grantor will issue
findings with respect to the adequacy of system performance and
the quality of service. If inadequacies are identified, Grantor
may direct Grantee to correct the inadequacies within such period
of time that Grantor determines to be reasonable.
(d) Participation by the Grantor and the Grantee in
this process does not waive any rights they may have under
applicable federal or state law.
(e) In addition to the biennial performance audits
described above, Grantor may conduct annual performance audits of
the same or lesser magnitude, at its sole expense, when and if
determined necessary or appropriate by Grantor.
970204 10572-00" Isj 0592880 0 — 29 —
DRAFT
8.2. System Technical Data.
(a) Grantee must maintain in its local office a
complete and up-to-date set of as -built system maps and drawings
upon completion of construction or reconstruction; equipment
specification and maintenance publications; and signal level
diagrams for each active piece of electronic equipment in the
system. As -built drawings must show all lines and installed
equipment.
(b) Technical data maintained by Grantor at its local
office must also include approved pole attachment agreements,
details of satellite and microwave equipment, mobile radio units,
heavy construction vehicles and equipment, and video and audio
equipment normally used in the operation of the system. Grantor
may review this information at Grantee's local office upon
reasonable advance notice.
(c) All technical data required to be maintained by
Grantee at its local office must be available for Grantor's
inspection during normal business hours and upon reasonable
notice. Upon any system failure or other operating emergency,
the technical data will be made available at any time, so long as
the provision of that data does not unreasonably interfere with
Grantee's operations.
(d) To the extent authorized by law, Grantor will
maintain the confidentiality of the information provided by
Grantee under this Section 8.2.
8.3. Emergency Repair Capability. It is Grantee's
responsibility to assure that its personnel are qualified to make
970204 10572-00009 13j 0592880 0 - 30 -
repairs, that they are available at all reasonable times, and
that they are supplied with keys, equipment location
instructions, and technical information necessary to begin
repairs upon notification of the need to maintain or restore
continuous service to the system.
9. REVOCATION AND FORFEITURE.
9.1. Revocation. Consistent with applicable law, and in
addition to any rights set out elsewhere in this Agreement,
Grantor reserves the right to revoke the franchise, subject to
the procedural guidelines set forth in Section 11 of this
Agreement if the Grantee, whether willfully or negligently,
repeatedly violates any material provision of this Agreement.
9.2. Forfeiture. Upon Grantee's failure to comply with any
material term of this Agreement, the Grantor may, subject to the
procedural guidelines set forth in Section 11 of this Agreement,
declare a forfeiture. The Grantee may be required to remove its
structures and property from the Grantor's streets and to restore
those streets to their prior condition within a reasonable
specified period of time. Upon Grantee's failure to do so, the
Grantor may perform the work and collect all costs, including
direct and indirect costs, from the Grantee. At Grantor's
discretion, the cost thereof may be placed as a lien upon all
plant, property, or other assets of the Grantee.
10. RECORDS; REPORTS: RIGHT TO INSPECT AND AUDIT: EXPERTS.
10.1. Grantee to Provide Records. All reports and records
required under this Section 10 must be furnished at the sole
expense of Grantee.
970204 10572-00009 Vj 0592880 0 - 31 -
L j a
10.2. Records. Grantee must maintain at its local offices,
and make available for inspection during normal business hours, a
separate and complete set of business records for the franchise
authorized by this Agreement. The Grantee must provide that
information in such form as may be required by the Grantor, so
long as that information is reasonably related to the scope of
Grantor's rights under this Agreement, or Grantor's regulatory
functions.
10.3. Maintenance and Inspection of Records, Grantee must
maintain accurate books and records, in conformity with generally
accepted accounting principles, showing all receipts, expenses,
loans, payments, investments of capital, and other transactions
relating to the cable television franchise. Grantor, upon
reasonable notice, and acting by and through its duly -appointed
auditors, has the right to inspect those records and to receive
copies to the extent that information is reasonably related to
the scope of the Grantor's rights under this Agreement, or
Grantor's regulatory functions.
10.4. Reports of Financial and Operating Activity.
(a) Not later than ninety (90) days after the close
each calendar year during the term of this Agreement, Grantee
must submit to the Grantor the following reports:
1. A financial report, certified by a
designated financial officer of Grantee, for all cable system
activity within the franchise service area during the previous
fiscal year. The report must set out separately all the annual
gross receipts from all sources within the franchise service
970204 10572-OMM bj 0592980 0 — 32 —
area, the annual gross subscriber revenues derived from each tier
of service in the franchise service area, the basis for the
computation of franchise fees, and such other relevant facts as
may reasonably be required by Grantor to verify the accuracy of
the annual franchise fee payment.
2. A summary of Grantee's activities during the
previous year, including, but not limited to, subscriber totals
and new services.
3. A current list of Grantee's.Afficers,
directors, and other principals if there has been any change
during the previous year.
4. A summary of Grantee's written record of all
complaints received from subscribers and the remedial actions
taken.
10.5. Performance Tests and Compliance Reports. Upon
Grantor's request, and not later than April 15 of each year,
Grantee must provide a written report of any FCC or other
performance tests required or conducted. In addition, Grantee
must provide reports of any tests and compliance procedures
required by this Agreement not later than thirty (30) days after
the completion of those tests and compliance procedures.
10.6. Additional Reports. The Grantee must prepare and
submit to the Grantor in writing, at the times and in the form
reasonably prescribed by Grantor, such additional reports as may
reasonably be required with respect to Grantee's compliance with
the provisions of this Agreement.
970204 10572-M" Iaj 0592980 0 — 33 —
10.7. Communications with Regulatory Agencies. Copies of
all non -routine and material communications between the Grantee
and the Federal Communications Commission, or any other agency
having jurisdiction in respect to any matters affecting cable
communications operations authorized by this Agreement must be
submitted promptly to the Grantor following their receipt or
mailing by Grantee.
10.8. Inspection of Facilities. Upon reasonable notice, and
during normal business hours, Grantee must permit inspection, by
any duly authorized representative of Grantor, of all franchise
property and facilities of Grantee situated within the franchise
service area.
10.9. Right to Audit.
(a) In addition to all other inspection rights under
this Agreement, upon ten (10) days prior written notice, Grantor
has the right to inspect, examine, and audit, during normal
business hours, all documents pertaining to the Grantee that are
reasonably related to the Grantor's enforcement of its rights
under this Agreement; provided, however, that the Grantor may not
exercise this right more frequently than once in any twelve (12)
month period. Those documents will be made available at the
Grantee's local office. All documents pertaining to financial
matters that may be the subject of an audit by the Grantor, as
set forth herein, must be retained by the Grantee for a minimum
of three (3) years following the termination of this Agreement.
Access by the Grantor to any documents covered by this subsection
970204 10572-00009 Isj 0592990 0 — 34 —
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may not be denied by the Grantee on grounds that those documents
are alleged to contain proprietary information.
(b) Any audit conducted by Grantor under this
subsection will be conducted at the sole expense of Grantor, and
Grantor will prepare a written report containing its findings, a
copy of which will be mailed to the Grantee; provided, however,
that Grantee must reimburse Grantor for the expense of any such
audit if, as the result of that audit, it is determined that
there is a shortfall of more than three percent (_I$) in the
amount of franchise fees or other payments that have been made or
will be made by Grantee to Grantor pursuant to the terms of this
Agreement.
10.10. Retention of Experts.
(a) In the exercise of its rights under this
Agreement, Grantor has the further right to retain technical
experts and other consultants on a periodic basis, but not more
frequently than once every three years, for the purpose of
monitoring, testing, and inspecting any construction, operation,
or maintenance of the system, and all parts thereof, or to ensure
compliance with and enforcement of the provisions of this
Agreement. The Grantor and the Grantee will share the cost of
retaining those experts; provided, however, the Grantee's share
of these costs for any one periodic review or evaluation will not
exceed the sum of $5,000.
(b) Notwithstanding the provisions of paragraph (a)
above, the Grantor may retain technical experts and other
consultants whenever the Grantee has initiated proceedings that
970204 10572-00009 bj 0592880 0 — 35 —
DRA
would normally require the Grantor to retain experts and
consultants, such as the filing of a request for approval of a
transfer or a change in control, expansion of the franchise
service area, or the modification or amendment of this Agreement.
The Grantor and the Grantee will share the cost of retaining
those experts; provided, however, that the Grantee's share of
these costs for any single proceeding will not exceed the sum of
$5,000.
11. ENFORCEMENT PROCEDURES.
11.1. Notice and Hearing upon Grantee's Default.
(a) Unless otherwise provided in this Agreement,
prior to formal consideration by Grantor of any termination,
revocation, or forfeiture of Grantee's franchise, or the
imposition of any other penalty or administrative remedy
available to Grantor, including liquidated damages, attributable
to Grantee's failure, whether willful, negligent, or otherwise,
to adhere to the material terms and conditions of this Agreement,
Grantor must make written demand on Grantee to correct the
alleged default. Grantor and Grantee will expeditiously meet to
discuss the alleged default, at which time Grantee must indicate,
in writing, the period of time required to resolve the problem.
Giving due consideration to Grantee's request, Grantor will, in
writing, state the period of time Grantor will allow Grantee to
resolve the problem. During this time period, but in no event
less than ten (10) days before the final date for correction,
Grantee may request additional time to correct the problem, and
Grantor may grant that request if Grantor determines, in its
970204 10572-00009 Isj 0592880 0 — 36 —
DRA!;. f.
discretion, that such additional time is necessary due to delays
beyond Grantee's control. If the default continues for a period
of ten (10) days following the deadline for correction, plus any
extension of time, a hearing will be scheduled by Grantor with
regard to franchise termination, revocation, forfeiture, or the
imposition of any other penalty or administrative remedy.
(b) The City Manager will provide written notice of
the hearing to Grantee, including the grounds for the proposed
action, not less than thirty (30) days before the -hearing. In
addition, the City Manager, as part of that written notification,
will describe the procedures to be followed by the Grantor to
determine whether cause exists for termination, revocation,
forfeiture, or the imposition of other penalties. At a minimum,
those procedures will afford the Grantee adequate notice and a
fair opportunity for full participation, including the right to
introduce evidence, to require the production of evidence, to
question witnesses, and to obtain a transcript of the proceeding
at Grantee's expense. Within ten (10) days after receipt of that
notice, Grantee must file any written objections to those
procedures. The City Manager will notify Grantee of any
modification to the procedures and provide another ten (10) day
objection period. Any objections not raised within these ten
(10) day periods will be deemed waived. At the hearing, Grantor
will hear Grantee, and any other person interested in the matter,
and will determine, at that or continued hearings, an appropriate
course of action for enforcement of the franchise.
970204 10572-00009 W 0592880 0 - 37 -
11.2. Delegation. The proposed imposition of remedies,
such as liquidated damages, that do not include termination of
the franchise may, at Grantor's option, be determined by an
officer, employee, or agency of the Grantor to which it may
delegate such administrative decisions, subject to due process
and the criteria contained in this section, and subject to appeal
to the City Council.
12. CONTINUITY OF CABLE TELEVISION SYSTEM SERVICES.
12.1. Continuity of Service. The parties acknowledge that
it is the right of all subscribers to receive all services
authorized by this Agreement so long as their financial and other
obligations to the Grantee are honored. During Grantee's rebuild
and upgrade of the system, and upon any future sale of the
system, Grantee must use due diligence and reasonable care to
ensure that all subscribers receive continuous, uninterrupted
service. In the event of purchase by Grantor, or a change of
franchisee, Grantee will cooperate with Grantor or the new
franchisee to operate the system for a temporary period in order
to maintain continuity of service to all subscribers. If
Grantee, through its own fault, discontinues system -wide service
for seventy-two (72) continuous hours, and Grantee is in material
default of this Agreement, or if the franchise is revoked by
Grantor, then Grantor may, by resolution, when reasonable cause
is deemed to exist, assume operation of the system for the
purpose of maintaining continuity of service. Grantor's
operation of the system may continue until the circumstances
which, in the judgment of the Grantor, threaten the continuity of
970204 10572-00009 Isj 0592890 0 — 38 —
service are resolved to Grantor's satisfaction. Grantor is
entitled to receive all revenues for any period during which it
operates the system.
12.2. Operation and Management By Grantor.
(a) During any period when the system is being
operated by Grantor pursuant to subsection 12.1 above, Grantor
will attempt to minimize the disruption of operations in a manner
consistent with the maintenance of continuing service to
subscribers. Notwithstanding the foregoing, Grantor may, as it
deems necessary, make any changes in any aspect of operations
that, in Grantor's sole judgment, are required for the
preservation of quality of service and its continuity. During
that period, Grantor will also maintain to the best of its
ability the system's records, physical plant, financial
integrity, funds, and other elements normally involved in
operations.
(b) Grantor may, upon assuming operation of the
system, appoint a manager to act for it in conducting the
system's affairs. That manager will have such authority as may
be delegated by Grantor and will be solely responsible to Grantor
for management of the system. Grantee must reimburse Grantor for
all reasonable costs, in excess of system revenues retained by
Grantor, that are incurred during Grantor's operation if the
franchise remains in effect during the period of Grantor's
operation.
970204 10572-00009 bj 0592890 0 — 39 —
Y
13. MISCELLANEOUS PROVISIONS
13.1. Assignment, Transfer, Sale, and Change of Control.
(a) Consummation of the following transactions
related to this franchise, or involving the Grantee of this
franchise, requires the prior written consent of the Grantor's
city council expressed by resolution, which consent will not be
unreasonably withheld, and then only under such conditions as may
be prescribed:
(1) The sale, transfer, lease, assignment, or
other disposition of the franchise, in whole or in part, whether
voluntary or involuntary; provided, however, that such consent
will not be required for a transfer in trust, mortgage, or other
hypothecation for the purpose of securing an indebtedness of the
Grantee. A transfer, assignment, or other disposition of the
franchise may be made only by an instrument in writing, a duly
executed copy of which must be filed in the office of the City
Clerk within thirty days after the City Council's adoption of the
resolution consenting to that transfer, assignment, or other
disposition.
(2) Any merger, consolidation, reorganization,
business combination, or other transaction wherein or whereby
twenty-five percent or more of the ownership interests in the
Grantee will be affected and control of the Grantee will change
or be subject to change. As used herein, "control" means the
possession, direct or indirect, of the power to direct or cause
the direction of the management and policies of the Grantee. A
duly executed copy of any written instrument evidencing the
X020410572 -OM vi 0592880 0 - 40 -
closing and consummation of any such transaction must be filed in
the office of the City Clerk within thirty days after the City
Council's adoption of the resolution consenting to that
transaction.
(b) In determining whether it will consent to any
transfer, assignment, or other disposition of the franchise, or
to any transaction affecting the control of the Grantee, the
Grantor may evaluate the financial, technical, legal and other
qualifications of the proposed transferee or controlling person.
Grantee must ensure that the proposed transferee or controlling
person submits an application, in the form required by
Chapter 13.12 of the Code and by any applicable federal law, not
less than one hundred twenty (120) days prior to the closing date
of the proposed transaction. After considering the financial,
technical, legal and other qualifications of the proposed
transferee or controlling person, the City Council may, by
ordinance or resolution, authorize the proposed transaction,
subject to such conditions as may be in the public interest.
Grantor's consent to any such transaction may not be unreasonably
denied or delayed.
(c) Grantee and its proposed transferee or
controlling person are jointly and severally responsible for
reimbursement to the Grantor of all costs and expenses reasonably
incurred in processing and evaluating the application related to
the proposed transaction. These costs and expenses include,
without limitation, costs of administrative reviews; financial,
legal and technical evaluation of the proposed transferee; costs
970204 10572-00009 bj 0592880 0 — 41 —
w. r�
for technical experts and consultants in an amount not exceed
$5,000; notice and publication costs; and document preparation
expenses. Grantor will send Grantee an itemized statement of
those costs and expenses reasonably incurred, and Grantee will
pay that amount within twenty (20) days after receipt of that
statement.
13.2. Force Majeure. If Grantee's performance of any of
the terms, conditions, obligations, or requirements of this
Agreement is prevented or impaired by any cause or event beyond
its reasonable control and not reasonably foreseeable, such
inability to perform will be deemed to be excused, and no
penalties or sanctions will be imposed. Those causes beyond
Grantee's reasonable control and not reasonably foreseeable
include, but are not limited to, acts of God, civil emergencies,
labor unrest, strikes, inability to obtain access to an
individual's property, and inability of the Grantee to secure all
necessary authorizations or permits to use necessary poles or
conduits so long as Grantee exercises due diligence to timely
obtain those authorizations or permits.
13.3. Possessory Interest. By accepting the franchise,
Grantee acknowledges notice was given to Grantee, as required by
California Revenue and Taxation Code Section 107.6, that use or
occupancy of any public property pursuant to the authorization
set forth in this Agreement may create a possessory interest that
may be subject to the payment of property taxes levied upon that
interest. Grantee is solely liable for, and must pay and
discharge prior to delinquency, all possessory interest taxes or
970204 10572-00009 laj 0592880 0 - 42 -
VOWPA
`a
gN • � , r
other taxes levied against Grantee's right to possession,
occupancy, or use of any public property in accordance with any
right of possession, occupancy, or use created by this Agreement.
Grantee is not barred from challenging any tax on any amounts so
assessed.
13.4. Indemnification.
(a) Grantee will indemnify, defend, and hold
harmless the Grantor, its officers, agents and employees, from
and against any liability, claims, damages, costs, or expenses,
including reasonable attorney's fees, arising out of or
attributable to the exercise or enjoyment of the franchise
renewed pursuant to this Agreement. Grantee, at its sole cost
and expense, and upon demand of Grantor, will appear in and
defend any and all suits, actions, or other legal proceedings,
whether judicial, quasi-judicial, administrative, legislative or
otherwise, instituted by third persons or duly constituted
authorities, against or affecting Grantor, its officers, agents,
or employees, and arising out of or pertaining to the exercise of
rights arising under the franchise within the franchise service
area, and injury to persons or damages to property proximately
caused by any conduct undertaken by the Grantee, its agents,
employees, or subcontractors, by reason of the franchise.
(b) Grantor will indemnify, defend, and hold
harmless the Grantee, its officers, agents, and employees, from
and against all claims, suits, actions, liability, and judgments
for damages arising out of or attributable to Grantor's use of
the Grantee's cable communications system for the purpose of
970204 10572-00009 bj 0592980 0 — 43 —
a
providing emergency alerts, as specified in Section 4.3, and for
the purpose of providing programming on the governmental and
education access channels referenced in Sections 6.1 and 6.2.
13.5. Conflict of Interest.
As of the effective date of this Agreement, the
parties agree that, to their knowledge, no member of the City
Council, nor any other officer or employee of Grantor, has any
direct interest, whether contractual, non -contractual, financial
or otherwise in this franchise, or in other business of the
Grantee, and that if any such interest comes to the knowledge of
either party at any time, a full and complete disclosure of that
information will be made in writing to the other party, even if
that interest would not be considered a conflict of interest
under applicable laws. Grantee covenants that it has, at the
time of execution of this Agreement, no direct interest in any
business venture or other investment that would conflict in any
manner with the performance of its obligations under this
Agreement.
13.6. Resolution of Disputes.
(a) Disputes regarding the interpretation or appli-
cation of any provisions of this Agreement will, to the extent
reasonably feasible, be resolved through good faith negotiations
between the parties.
(b) If any action at law or in equity is brought to
enforce or interpret any provisions of this Agreement, the pre-
vailing party in that action is entitled to reasonable attorneys'
970204 10572-OOM9 laj 0592980 0 — 44 —
fees, costs and necessary disbursements, in addition to any other
relief that may be sought and awarded.
13.7. Amendments.
This Agreement supersedes all prior proposals, agree-
ments and understandings between the parties and may not be
modified or terminated orally, and no modification, termination
or attempted waiver of any of its provisions will be binding
unless in writing and signed by the party against whom the same
is sought to be enforced.
13.8. Binding Upon Successors.
This Agreement is binding upon and inures to the
benefit of each of the parties and to their respective
transferees, successors and assigns.
13.9. Counterpart Execution.
This Agreement may be executed in multiple counter-
parts, each of which is deemed to be an original and all of which
constitute one and the same instrument.
13.10. AAPplicable Law.
This Agreement and the transactions herein contem-
plated are to be construed in accordance with and governed by the
applicable laws of the State of California and of the United
States.
14. DEFINITIONS.
a. Defined Terms. For the purposes of this
Agreement, the following words, terms, phrases, and their
derivations have the meanings set forth below. When not
inconsistent with the context, words used in the present tense
9MO4 10572-0M Isj 0592880 0 — 45 —
include the future tense, and words in the singular number
include the plural number.
"Basic Service" or "Basic Cable Service" or "Basic
Service Tier" means the lowest service tier which includes the
retransmission of local television broadcast signals.
111984 Cable Act" means the Cable Communications
Policy Act of 1984.
111992 Cable Act" means the Cable Television Consumer
Protection and Competition Act of 1992.
"Cable Act" means the 1984 Cable Act as amended by
the 1992 Cable Act and by the Telecommunications Act of 1996.
"Cable Operator" means any person or group of persons
(i) who provides cable service over a cable system; or (ii) who
controls or is responsible for, through any arrangement, the
management and operation of a cable system.
"Cable Service" means (i) the one-way transmission to
subscribers of video programming or other programming service;
and (ii) subscriber interaction, if in conjunction with
subparagraph (i), which is required for the selection of or use
of that video programming.
"Cable System" or "Cable Television System" or
"System" means a facility, consisting of a set of closed
transmission paths and associated signal generation reception and
control equipment that is designed to provide cable service,
including video programming, and which is provided to multiple
subscribers within the community.
970204 10572-00009 laj 0592880 0 — 46 —
"Complaint" means a dispute in which a subscriber
notifies Grantee of an outage or degradation in picture quality
that is not corrected following the initial telephone or service
call.
"Control" or "Controlling Interest" means actual
working control in whatever manner exercised, including, without
limitation, working control through ownership, management, or
debt instruments, as the case may be, of the cable system or the
Grantee.
"Drop" means the cable and related equipment
connecting the Cable System's plant to equipment at the
Subscriber's premises.
"Education Channel" means any channel where
non-profit educational institutions are the primary designated
programmers.
"FCC" means the Federal Communications Commission or
its designated representatives.
"Franchise" means a written undertaking or action of
the Grantor that authorizes a specific person to use the
Grantor's streets and public ways for the purpose of installing,
operating and maintaining a Cable Television System to provide
Cable Service.
"Government Channel" means any channel where a local
government agency is the primary designated programmer, and the
programming is informational programming regarding government
activities and services.
970204 10572-000091.] 0592880 0 - 47 -
C'.
"Grantee" means the person to which a Franchise is
granted for the construction, reconstruction, operation, and
maintenance of a Cable System and the lawful successors,
transferees, or assignees of that person.
"Grantor" means the City of Diamond Bar, acting by
and through its elected governing body, or such representative as
the governing body may designate to act on cable matters in its
behalf.
"Gross Annual Revenue" or "Gross Annuel Receipts" or
"Gross Receipts" means all revenue, as determined in accordance
with generally accepted accounting principles, which is received,
directly or indirectly, by Grantee from or in connection with the
distribution of any Cable Service, and any other service
dependent upon the use of public rights-of-way that may, under
existing or future federal law, be included in the Cable Act
definition for the purpose of calculating and collecting the
maximum allowable franchise fee for operation of the system,
whether or not authorized by any franchise, including, without
limitation, leased channel revenues received, directly or
indirectly, from or in connection with the distribution of any
Cable Service. It is intended that all revenue collected by the
Grantee from the provision of Cable Service over the system,
whether or not authorized by the franchise, be included in this
definition. Gross Annual Revenue also specifically includes: (i)
the fair market value of any nonmonetary (i.e., barter)
transactions between Grantee and any person but not less than the
customary prices paid in connection with equivalent transactions;
9702M 10572-00" tsj 0592880 0 — 48
and (ii) any revenue received, as reasonably determined from time
to time by the Grantor, through any means which is intended to
have the effect of avoiding the payment of compensation that
would otherwise be paid to the Grantor for the franchise granted.
Gross Annual Revenue also includes any bad debts recovered, and
all advertising revenue that is received directly or indirectly
by Grantee, or any other person from or in connection with the
distribution of any service over the System or the conduct of any
service -related activity involving the System. Gross Annual
Revenue does not include: (i) the revenue of any person to the
extent that such revenue is also included in the Gross Annual
Revenue of Grantee; (ii) taxes imposed by law on Subscribers that
Grantee is obligated to collect; (iii) amounts that must be
excluded pursuant to applicable law; and (iv) programming or
advertising revenues of any affiliate of the Grantee whose
programming or advertising is carried on the cable system, where
such revenues are paid to that affiliate by the Grantee and
recovered by the Grantee through charges to subscribers that are
included in the Grantee's Gross Annual Revenue.
"Headend" means that central portion of the system
where signals are introduced into and received from the balance
of the system.
"Lease Channel" means any channel where someone other
than Grantor or Grantee is sold the rights to air programming.
"Local Origination Channel" means any channel where
the Grantee is the primary designated programmer.
970204 10572 -MM Isj 0592880 0 — 49 —
"Monitoring" or "Tapping" means observing or
receiving a signal, where the observer is neither the sending nor
receiving party and is not authorized by the sending or receiving
party to observe that signal, whether the signal is observed or
received by visual, electronic, or any other means.
"Pay Cable," "Pay Service," "Premium -Service" or "Pay
Television" means signals for which there is a fee or charge to
users over and above the charge for Basic Service, including any
tiers of service; provided, however, the sale or lease of studio
facilities, equipment, or tapes to local users are not deemed to
be pay or premium services.
"Person" means any individual, corporation,
partnership, proprietorship, or organization authorized to do
business in the State of California.
"Plant" means the transmitting medium and related
equipment that transmits signals between the Headend and
Subscribers, including Drops.
"Pole Attachment Aareement" or "Attachment Agreement"
means any agreement with the Grantor, with any other governmental
entity, or with any public utility relating to the Grantee's use
of utility poles, ducts, or conduits.
"Program" or "Proarammina" means the information
content of a signal and the act or process of creating such
content, whether that content is intended to be pictures and
sound, sound only, or any other form of information.
"Programmer" means any person who provides program
material or information for transmission by means of the System.
970204 10572-00009 isj 0592880 0 — 50 —
i 52
"Property of Grantee" means all property owned or
leased by Grantee within the franchise service area in the
conduct of its Cable System business under a Franchise.
"Residential Dwelling Unit" or "Dwelling Unit" means
a home, mobile home, condominium, apartment, cooperative unit,
and any other individual dwelling unit.
"Service" means any kind of service or type of
benefit provided by Grantee, or any group of related benefits
made available to any person, that involves the use of a signal
transmitted via a Cable Television System within the public
right-of-way, whether the signal and its content constitute the
entire service or comprise only a part of a service that involves
other elements of any number or kind.
"Service Area" or "Franchise Service Area" means the
entirety of the City of Diamond Bar.
"Service Interruption" means the loss of picture or
sound on one or more cable channels.
"Service Tier" or "Tier" means a category of Cable
Service or other services provided by a Cable Operator and for
which a separate rate is charged by the Cable Operator, other
than per channel or per event programming or packages of per
channel or per event programming.
"Streets" means the surface of, and the.space above
and below, any public street, sidewalk, alley, or other public
way or right-of-way of any type.
970204 10572-00009 bj 0592880 0 — 51 —
"Subscriber" means any person electing to subscribe
to, for any purpose, a service provided by Grantee by means of or
in connection with its Cable System.
b. Terms Not Defined. Words, terms, or phrases not
defined above in paragraph (a) shall first have the meaning as
defined in Chapter 13.12 of the Code, and next in the Cable Act,
and next the special meanings attributable to their use in any
industry, business, trade, or profession where they commonly
carry special meanings. If those special meaningra are not
common, they will be defined as set forth in commonly used and
accepted dictionaries of the English language.
15. COMPETITIVE CABLE -TELEVISION FRANCHISES.
(a) Grantee acknowledges that Grantor has reserved
the right to award additional franchises for cable -television
systems within the City.
(b) If, during the term of this Agreement, a cable -
television franchise is awarded by Grantor to another person,
which franchise authorizes the use of public rights-of-way to
construct, operate, or maintain a cable or similar system for the
delivery of video programming, then Grantor agrees with Grantee
that such franchise will be subject to the following terms and
conditions:
1. The term of that franchise, including any
authorized extension, will not exceed the term of the franchise
as provided for in Section 1.8 of this Agreement.
970204 10572-00009 lsj 0592880 0 — 52 —
2. The annual franchise fee imposed upon the
grantee will not be less than the franchise fee imposed by
Section 2.2 of this Agreement.
3. The grantee will be obligated to provide
governmental and educational access channels that are equivalent
in number to those provided for in Section 6.1 and 6.2 of this
Agreement.
4. The payments and other benefits to be
received by Grantor from the Grantee, excluding the annual
franchise fee that is referenced above in subsection (2), will be
comparable to the payments and other benefits that are received
by Grantor under the provisions of this Agreement.-
16.
greement:16. AUTHORITY AND EFFECTIVE DATE.
16.1. Authority.
The parties signing below represent and warrant that
they have the requisite authority to bind the entities on whose
behalf they are signing.
16.2. Effective Date.
This Agreement will become effective as of the date
specified in Subsection 1.7. It is the intention of the parties
that the Grantee will first execute this Agreement and thereafter
submit it to the Grantor. The City Clerk will insert the
effective date in all counterparts of this Agreement, attest to
their execution by a duly authorized officer of the Grantor, and
transmit one or more fully executed counterparts to the Grantee.
TO EFFECTUATE THIS AGREEMENT, each of the parties has
caused this Agreement to be executed by its duly authorized
970204 10572-00009 Isj 0592880 0 — 53 —
OV .
representative as of the date set forth below the authorized
signature.
APPROVED AS TO FORM: CITY OF DIAMOND BAR
City Attorney By:
Date:
ATTEST:
City Clerk
Mayor
JONES INTERCABLE, INC.
By:
Title:
Date:
APPROVED AS TO FORM:
Corporate Counsel
970204 10572-000091y 0592860 0 - 54 -
EXHIBIT A
CHAPTER 13.12 OF THE DIAMOND
BAR CODE AS ADOPTED AND IN
EFFECT ON THE EFFECTIVE DATE OF
FRANCHISE RENEWAL
970204 10572-00009 4y 0592980 0
EXHIBIT B
OWNERSHIP
The ownership of Jones Intercable, Inc., is described
as follows:
[To be Supplied by Grantee]
970204 10572-00009 Isj 0592980 0
EXHIBIT C
DESCRIPTION OF AND PERFORMANCE CRITERIA
FOR THE UPGRADE AND REBUILD OF THE CABLE
SYSTEM TO BE COMPLETED BY GRANTEE
I. FIBER BACKBONE HUB SITES
A. Within two years after the effective date of the
Agreement, Grantee will complete the installatiozi-of seven fiber
backbone hub sites to serve the cable system. The installation
of these fiber backbone hub sites will immediately add three
additional channels to the cable system and will facilitate the
provision of additional services as the technology and the
economics associated with the delivery of these additional
services improves.
• Describe these "additional services"
• Describe the performance criteria for the fiber
backbone hub sites.
II. REBUILD OF THE CABLE SYSTEM
A. Within six years after the installation of the seven
fiber backbone hub sites described above in Section I, but no
later than December 21, 2004, Grantee will complete a rebuild of
the cable system to not less than 550MHz, analog or equivalent
channel capacity.
• Describe the design requirements
• Describe the performance criteria for the cable
system rebuild.
970204 10572-00009 laj 0592960 0
EXHIBIT D
CONSUMER PROTECTION STANDARDS
1. Standards for Consumer Service.
The Grantee must maintain a business office located
within the franchise service area, and must provide all
personnel, equipment, and facilities necessary to ensure compli-
ance with the following standards under normal operating
conditions. As used herein, the term "normal operating
conditions" is deemed to exclude billing cycles, system outages,
and special pay-per-view or one-time events and promotions.
(a) Sufficient toll-free telephone line capacity
during normal business hours to assure that a minimum of ninety
percent (90%) of all calls will be answered before the fourth
ring, and callers will not be required to wait more than thirty
(30) seconds before being connected to a service representative.
(b) Emergency, manned (which may be an answering
service) toll-free telephone line capacity on a 24-hour basis,
including weekends and holidays, so that a service representative
may be contacted who can respond to service problems.
(c) The business office must be open during normal
business hours (9:00 AM to 5:00 PM, Monday through Friday,
excluding holidays) and at least four (4) additional hours per
week during evenings or weekends. The business office must be
adequately staffed and of sufficient size to accept payments from
subscribers and to respond to service requests and complaints.
970204 10572 -OWN Isj 0592890 0 — D-1 —
A 'A,
(d) An emergency maintenance and repair staff
capable of responding to and repairing major malfunctions of the
cable television system on a 24-hour basis.
(e) An installation staff capable of installing
service for any residential subscriber within seven (7) days
after receipt of a request, in all areas where trunk and feeder
cable have been activated.
(f) Within a 4 -hour time period as specified by
Grantee, appointments with subscribers will be scheduled by
Grantee for installation or service. The specification of
appointments as either "morning" or "afternoon" will be deemed to
comply with this requirement. If a subscriber requesting service
on a given day cannot be scheduled for a specific morning or
afternoon time period, and is advised that the Grantee's service
personnel may arrive at any time during the business day, the
subscriber may request the Grantee to schedule an appointment for
morning or afternoon service on the next business day during
which such appointments are available.
2. Requests for Cable Television Service and Repairs.
(a) Grantee must render efficient service, make
repairs promptly, and interrupt service only for good cause and
for the shortest time possible. Scheduled interruptions, to the
extent possible, must be preceded by notice to the subscribers
and must occur during periods of minimum use of the system,
preferably between 12:00 midnight and 6:00 A.M. A written log,
or equivalent computer data which is capable of access and
reproduction, must be maintained for all service interruptions,
970204 10572-000091aj 05928800 — D-2 —
subscriber requests for repair, and subscriber service complaints
that result in a service call.
(b) Grantee must maintain a repair force of techni-
cians normally capable of responding to subscriber requests for
service within the following time periods:
(1) System outage: Within two hours on
weekdays, and within four hours on weekends and holidays, after
receiving subscriber calls that identify a system outage of audio
or video on one or more channels, and which outage affects three
or more subscribers in the same geographic area.
(2) Isolated outage: Within twenty-four hours
after receiving a request for service that identifies an isolated
outage of audio or video on all channels, and which outage
affects an individual subscriber.
(3) Inferior reception quality: Within forty-
eight hours, excluding weekends and holidays, after receiving a
request for service that identifies a problem concerning audio or
video quality.
(c) Grantee will be deemed to have responded to a
request for service under the provisions of this Section when a
repair technician arrives at the service location and commences
work on the problem. If a subscriber is not home when the tech-
nician arrives, response will be deemed to have been made if the
technician leaves written notification of arrival.
3. Verification of Compliance. Upon reasonable notice
from the Grantor, the Grantee must demonstrate compliance with
any or all of the standards set forth in Sections 1 and 2 above.
47020410572-00009 laj 0592880 0 — D-3 —
Grantee must provide sufficient information to permit Grantor to
verify the extent of compliance.
4. Non-compliance with Standards. A repeated and
verifiable pattern of non-compliance with the consumer protection
standards of Sections 1 and 2, subsequent to Grantee's receipt of
due notice and an opportunity to cure, may be deemed a violation
of the franchise, subject to any and all remedies as prescribed
in the Agreement, and applicable law.
5. Complaint Procedures.
(a) Complaints to Grantee. Grantee must establish
written procedures for receiving, acting upon, and resolving
subscriber complaints without intervention by Grantor. The
written procedures must prescribe the manner in which a
subscriber may submit a complaint, either orally or in writing,
that Grantee has violated any provision of Chapter 13.12 of the
Code relating to consumer protection, the Agreement, or the
subscriber's contract with Grantee. Following Grantee's
investigation of a subscriber complaint, but in no event more
than ten days after receiving the complaint, Grantee must notify
the subscriber of the results of the investigation and of its
proposed corrective action, if any. Grantee must also notify the
subscriber of the subscriber's right to file a complaint with
Grantor if the subscriber is dissatisfied with Grantee's
decision. A copy of Grantee's written procedures must be filed
with Grantor.
(b) Complaints to Grantor. A subscriber who is
dissatisfied with Grantee's proposed decision, or who was not
970204 10572-OOW9 Ig 0592880 0 - D-4 -
notified by Grantee within the ten day period, is entitled to
have the complaint reviewed by the Grantor. The subscriber may
initiate that review by filing a written complaint together with
Grantee's decision, if any, with Grantor. Grantor will notify
Grantee of that filing. The subscriber must file its complaint
within twenty days after receipt of Grantee's decision, or, if no
such decision has been provided, within thirty days after filing
the original complaint with Grantee. Grantor may extend these
time limits for reasonable cause.
(c) Review by Grantor. Grantor will determine,
following its review of a subscriber complaint and the Grantee's
decision, if any, whether further action is warranted. If
Grantor does not initiate further proceedings within fifteen days
after the filing of the complaint, Grantee's proposed decision as
to corrective action will be final. If Grantor decides to
initiate further action, the Grantor will require Grantee and the
subscriber to submit, within ten days of notice thereof, a
written statement of the facts and arguments in support of their
respective positions. Grantee or the subscriber may request in
that statement that the matter be heard by the City Manager.
Notice in writing specifying the time and place for that hearing
will be given by the Grantor. The hearing will be conducted
informally, and the parties may offer any evidence pertinent to
the dispute. The City Manager will issue a written decision
within fifteen days after receipt of the written statements or,
if a hearing is requested, within fifteen days of the conclusion
of the hearing, setting forth the basis of the decision. The
970204 10572-00009 4j 0592880 0 - D-5 -
decision may be appealed to the City Council and, if so appealed,
the City Council's determination will be final.
6. Remedies for Violations. Grantor may, as a part of
the determination of a subscriber complaint in accordance with
Section 5, impose penalties on Grantee if Grantor finds a pattern
of substantial violations of consumer service standards, or that
Grantee has arbitrarily and without justification failed or
refused to comply with the provisions of Section 5. No monetary
penalty imposed may exceed the sum of Two Hundred -Fifty Dollars
($250) per day or per violation.
7. Notices.
(a) Operating Policies. As.subscribers are
connected or reconnected to the cable television system, and at
least once during each calendar year thereafter, Grantee must
provide each subscriber with written notification concerning the
procedures for making inquiries or submitting complaints,
including the address and toll-free telephone number of the
Grantee's business office, the names or titles of the designated
employees or agents to whom those inquiries or complaints are to
be directed, and information concerning the officer, employee, or
department of the Grantor responsible for administration of the
Franchise Agreement, with the address and telephone number of
that officer, employee, or department. That notification must
also set forth Grantee's normal business hours, legal holidays,
and procedures for submitting inquiries, complaints, or requests
for service after normal business hours.
97MM 10572-00009 uj 0592980 0 - D-6 -
ay.:
�DRAF
(b) Changes in Operating Policies. Grantee must
provide to all subscribers and to Grantor written notice not less
than thirty (30) days prior to any material change in these
operating policies.
(c) Copies to Grantor. Copies of all written
notices provided by Grantee to its subscribers that relate to
operating policies and procedures, rates and charges, or
programming services must concurrently be transmitted to Grantor.
8. Ouality of Service. As provided for -in the
Agreement, the overall quality of service provided by Grantee to
subscribers is subject to periodic evaluations by Grantor. In
addition, Grantor may at any time evaluate the quality of service
when warranted by the number of subscriber complaints received by
Grantee and Grantor, and Grantee's response to those complaints.
Grantor's determination that service quality does not comply with
the requirements of the Agreement may result in direction to
Grantee to cure that non-compliance. Grantee's failure to
commence corrective action within the time specified in Grantor's
written notice may be deemed a violation of the franchise and
subject to the remedies prescribed in the Agreement. Grantor,
after following the required notice and hearing procedures, may
recover its costs, expenses, damages, and penalties attributable
to the violation against any security fund, performance bond, or
other security that is provided by Grantee.
970204 10572-00009 bj 0592880 0 — D-7 —
CITY OF DIAMOND BAR
MEMORANDUM
TO: Mayor and City Council
FROM: Terrence L. Belanger, City Manager
VIA: Kellee A. Fritzal, Assistant to the City Manager '"
SUBJECT: CABLE RE -FRANCHISE - JONES INTERCABLE
DATE: February 28, 1997
ISSUE STATEMENT
The City and Jones Intercable are in the process of negotiating the renewal of the Cable
Television Franchise. The renewal process for cable television franchises is governed through
Federal Regulations. This report addresses the proposed renewal agreement and the negotiating
process environment created through Federal Legislation.
FEDERAL LEGISLATION
In 1984, the Federal Government began regulating the cable television franchise process. In
1992, Congress amended the Cable Act to not allow rate regulation except by the Federal
Communication Commission (FCC).
The new 1996 Telecommunications Act is designed to remove regulatory barriers and encourage
competition among the diverse types of communication companies. The focus of the
Telecommunication Act was to allow local telephone companies into the long distance and cable
television markets. It allows long distance telephone companies, cable operators, cellular
providers and others into the local telephone market. The Act encourages satellite services to
compete with cable services. The Act loosens telephone and cable rate regulations and loosens
regulations of television and radio broadcasters.
Congress has expressly prohibited any franchising authority (City or County) from determining
cable rates or programming.
FRANCHISE RENEWALS
Currently, Jones Intercable operates a cable television franchise under the terms and conditions
set forth by the County Master Cable Television Ordinance and Ordinance 12,137 as amended
and heretofore adopted by the City. This franchise, which was originally approved by the
County of Los Angeles Board of Supervisors on April 22, 1980 to Walnut Valley Cable
Television and subsequently sold to Jones Intercable of California, expired on May 23, 1995.
Prior to the expiration of the franchise, the City Council adopted Ordinance 04 (1995) which
extended the term of the cable television franchise. The current extension 04(B) will expire June
3, 1997.
The Telecommunication Acts sets forth the methods for renewing cable television franchises.
The two methods are formal or informal renewal procedures. The City and Jones Intercable are
using the informal renewal process. Congress has defined the criteria for evaluating renewals of
cable franchises.
The franchising authority must use four stated criteria to determine whether to renew or deny a
franchise. The franchising authority must assess whether:
♦ the operator (Jones) "substantially complies" with the terms of the existing franchise and
applicable law;
♦ the quality of service, including signal quality, response to consumers' complaints and
billing practices has been reasonable in light of community needs; (level of service not
mix or quality of service can be reviewed)
♦ the operator has the financial, legal and technical ability to provide the services,
equipment and facilities offered in its proposal; and
♦ the operator's proposal is reasonable to meet future cable -related interests and needs of
the community, considering the cost of meeting those interests and needs.
Denial of renewal cannot be based upon an operator's failure to comply with the terms of the
franchise agreement, or on service quality problems (e.g. signal quality, customer service delays)
unless the franchise authority has provided the operator with a notice of the problem and
opportunity to correct it. Congress has provided for a re umption of renewal for the cable
operators.
To assist the City in determining Jones Intercable's compliance with the Franchising Agreement
and applicable law, the City undertook a technical, financial/customer complaint evaluation of
the cable system. In addition, the City conducted a City-wide survey of the Community opinion
of the cable system. Below is a summary of the reviews:
♦ Technical Review - Jonathan Kramer performed a technical audit of the system. Based
upon this review, Jones Intercable has hired both a Grounding Technician and
Maintenance Technician to upgrade the grounding requirements of the California Public
Utilities and National Electric Code. Jones has diligently worked towards the upgrading
of all homes to the new grounding requirements.
♦ Financial and Customer Complaint Review - The City's auditor, Conrad Associates
provided the review. Based upon the customer complaints requirements as set by the
2
existing franchise Jones Intercable is in compliance with the customer complaint
requirements. In accordance with the Agreement, Conrad Associates reviewed the gross
revenue collected and reports and cable subscribers.
♦ Cable Television Survey - Pacific Research & Strategies provided a telephone survey of
500 residents. The survey determined that 60% of the subscribers were satisfied with the
cable operator and the services currently provided. However, 23% indicated they would
like to see more channels or a wider variety of programming.
PROPOSED AGREEMENT FOR THE RENEWAL OF CABLE TELEVISION
During the renewal process Jones Intercable was sold to Citizens Century Cable Television
Venture (a division of Century Communication Corporation). In addition to the renewal of the
Cable Television Franchise, the City has been requested to consider the Transfer of the Cable
Television Agreement.
City staff, Jones Intercable and Century Communication have been negotiating an Agreement
regarding the renewal of the Cable Television Franchise. The City Council Sub -committee has
met with Jones Intercable and Century Communications regarding the proposed Agreement. The
Sub -committee determined that a special work session would assist the City Council in
discussing cable television in general and reviewing the proposed agreement.
The proposed Agreement calls for the following:
♦ Ten (10) year Agreement
♦ System Upgrade - Two tiers
(1) Within two years from adoption seven (7) fiber backbone hub sites will be
installed. The seven hub sites will allow for three (3) additional channels to be
added to the line-up, which create the ability to deliver segmented programming
by hub site, rather then to the entire system. The fiber backbone hub sites will
serve approximately 2,600 homes.
(2) Within six (6) years of the installation of the seven backbone hub sites (no
later than December 21, 2004), Grantee (Jones/Century) will complete a rebuild
of the cable system to not less then 550MHz or 78 channels. This upgrade will
increase the channel capability by 21 channels.
♦ Performance Bond for the construction phase of $500,000. Performance Bond for
Franchise Agreement of $100,000.
♦ Bonus incentive for the timely completion of the upgrade of an additional five (5) year
term.
♦ Coverage of Special Events of between 10 to 15 community events or financial
contribution for the purchase of equipment for the Governmental Programming.
♦ The Agreement calls for the continuation of the Educational, Governmental and Local
Origination requirements. The Agreement does not call for public access provisions.
Century Communications provides an assistance plan (CAP) for low-income residents. The
assistance plans calls for a 20% discount on Basic Service Only. Currently Jones Intercable does
not provide for such a discount program. It should be noted that such discounts cannot be a
required condition of renewal.
The upgrade of the system to fiber optic will carry a higher quality broadcast to subscribers. For
a local cable operator to remain competitive in the deregulated industry they will need to provide
a high quality of service, as provided by a fiber optic upgrade.
Attachment
KF
4
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GIRL SCOUTS
,t
3
` M1 Spanish Trails
Janua 24, 1997 Girl Scout Council
ry i' 4959 Palo Verce Street
Suite 101A
Mayor Bob Huff ? \' vlcntclair, SaiJorria91763
City of Diamond Bar ' (909) 624-6696 (218)_23-73_25
-73_25
(310 62-026
City Hall FAX )909) 6248; '96
21660 E. Copley Dr. Suite 100
Diamond Bar, CA 91765
Dear Mayor Bob Huff,
I would like to touch base with you and keep you updated on an important active group within
your community, the Girl Scouts.
Spanish Trails Girl Scout Council's mission is to provide all girls in your community with:
• the TOOLS to develop self-esteem and achieve their highest potential
• an OPPORTUNITYto discover and explore the world around them
• the means to CONTRIBUTE service to their community
• a SAFE ENVIRONMENT to have fun while delving into new and
different ventures
As you can see by the map enclosed, our council covers a large and diverse area. Currently we
provide Girl Scout opportunities to more than 20,000 girls. Because we are non-profit, we highly
rely on our communities for volunteer support as well as monetary support.
In the community of Diamond Bar, Spanish Trails Girl Scout Council serves more than 1,100 girl
and adult members. These Girl Scouts give back to their community through service projects and
being positive role models to other youth.
Enclosed I have included the following information. I hope this will help you to understand the
Girl Scout mission.
♦ "The Bell" - the Winter 1996 issue of our council's quarterly newsletter.
Even though this issue may not include stories pertaining to your
community, this newsletter goes out to all the Girl Scout members in the 36
communities we serve.
♦ "The Cookie Gazette" - a newsletter that will inform you on everything you
ever wanted to know about Girl Scout cookies.
♦ Fact Sheet about Spanish Trails Girl Scout Council and Council Map.
♦ Information on the local upcoming 85th Girl Scouts Anniversary.
♦ Proclamation for the 85th Anniversary for your next City Council Meeting.
We would like to thank you for any past service you have provided to us, and we hope that you
will continue to support Girl Scouting in your community.
If you have any questions or I can be of assistance, please call me at (909)624-6696, (818)331-
7325 or (310)693-0268, extension #29.
Sincerely,
1,01, 1!
Rosi Bening
Public Relations Associate
AGENCY OF UNITED WAY • EQUAL OPPORTUNIT'° EMPLOYER 9 PRINTED ON RECYCLED PAPER #,
51 RI SCOUTS'
tea. GIRL SCOUTS
Wg
f�
Spanish Trails
Girl Scout Council
4959 Palo Verce Str=e•
Suite 101A
Montclair .Caii`orria9 3
(1909)624-E696 (8101 33'
(310) 693-,-268
85th Girl Scout Anniversary Proclamation FAX (9C9) 624 796
I, , mayor of the city
of , California.
Do hereby proclaim March 12, 1997,
the 85th Anniversary of Girl Scouts of the USA.
WHEREAS, Wednesday, March 12, 1997, marks the 85th anniversary of Girl Scouts of the
U.S.A., founded by Juliette Gordon Low, on March 12, 1912, in Savannah, Georgia; and,
WHEREAS, throughout it's 85th - year history, Girl Scouting has inspired millions of girls
and women with the highest ideals of character, conduct, and patriotism; and,
WHEREAS, each day through anti - violence projects, Girl Scouting ensures that girls at
risk of living lives of crime are instead being given safe and productive paths for growing
up; and,
WHEREAS, through Girl Scout programs girls learn of their importance in the world, and
their duty to the world around them; and,
WHEREAS, Girl Scouting is playing an active role in increasing the fitness of today's
children across the country through a national sports and fitness initiative; and,
WHEREAS, more than three million current Girl Scout members nationwide celebrate 85
years of an American tradition with 50 million women who are former Girl Scouts and now
commit themselves to help today's girls;
NOW, 'THEREFORE, I, , by virtue of the authority vested
in me as mayor of , do hereby proclaim March 12, 1997, the
85th anniversary of Girl Scouts of the U.S.A.
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SAff COMMVNITI£S WEEK
March 16-22,1997
Whereas, the vitality of our (city/state) depends on how safe we keep our homes,
neighborhoods, workplaces, and communities;
Whereas, crime and fear diminish our trust in others and in our institutions, threatening
the community's health and prosperity;
Whereas, people of all ages must be made aware of what they can do to prevent
themselves, their families, neighbors, and co-workers from being harmed by drugs,
violence, and other crimes;
Whereas, the personal injury, financial loss, and community deterioration resulting
from crime are intolerable and require action by the whole community;
Whereas, people of all ages must unite all elements of the community in creating a
safe, healthy, crime -free environment through a series of community-based programs;
Whereas, the major focus of this long-term commitment is to make a positive difference
for our communities by educating our youth and adults, by providing positive
alternatives and role models for children, and by unifying the support of the local
community including schools, businesses, religious organizations, service clubs, law
enforcement agencies, and local and county government;
Now, Therefore, I (name of leader), (title), do hereby proclaim March 16-22, 1997 as
SAfE COMMVNITI£S WEEK in (name of area) and urge all citizens, government
agencies, public and private institutions, and businesses to increase their participation
in our community's prevention efforts and thereby build more productive communities
and improved quality of life for all.
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C.J. Morris School
19875 E. Calle Baja Road
Walnut, California 91789
United States of American
morriseloulvacs.ulaverne.edu
February 5, 1997
Dear Friends in Sanshia:
My name is Eddie Ulloa. I am 12 years old. I was born on December 29, 1986. My
hobby is playing baseball. I am half Mexican and half American and I hope you can
be my friend. I am interested in baseball because I have been playing about 5 years.
Do you play? Walnut is interesting because it's a good city. Where do you live?
I have two sisters and my aunt lives with me. I have a good family. My sister's names
are Judith and Yadira. My mom and dad are Irene and Martin. Carmen is my aunt.
You already know my name. Do you have a sister or brother? I have about forty
cousins. How many cousins do you have? That's cool because you could play with
all of them. I have twenty-five aunts and uncles. One day we might go to China. You
could give me your address. I could go to your house. That would be cool.
I don't know how to spell well because I speak more Spanish than English. I am trying
my best in school so I can get a good job. My friends are Terrance, Tramaine,
Matthew, Gregg, Ben P., Ben A., Scott, Vince, Daniel and Chris. My best friend is
Greggy Vargas. Do you want to be my friend? Send me a letter saying yes or no. I
want to be your friend. Okay? What is your name? I have video games at home. Do
you have video games? They're cool! That's why I like to play video games and I
have Nintendo 64. My friend, Greggy, has 3 video games. What kind of books do you
read? I read Goosebumps, Animorphs and Baily School Kids. Do you read those
books? They're very, very cool.
Do you have a T.V. over there? On T.V. I watch Goosebumps and that's scary and
very cool. If you have a T.V., do you see T.G.I.F.? That's the popular show that
everybody likes to watch. It's very, very cool and it's a bomb! Do you have a
telephone? If you have a telephone, I am going to give you my telephone number. It
is (909) 594-2785. How does sushi taste? Good or bad? Is it fish? I like fish. Maybe
it's good. Do you know what pizza is? It tastes yummmmmmm! It tastes good, good
and yum yum! If one day you come to the U.S.A., taste the pizza first thing, OK? If one
day you want to come to my house, call me first. I'll give you my address. That way we
could be best friends too.
What's your last name. I'm in the 4th grade and my school's name is C.J. Morris. I am
interested in C.J. Morris because that's the 3rd school I have been and everybody has
been nice to me. In our school we have Picnic Day, Spirit Day, the Ice Cream Social,
and in my class we have a city named Gaia. I go to Character Education. I go to read
with 2nd graders and 1st graders. It's cool. All of my classmates are writing to you
guys and girls so everybody is going to get a card. My teacher's name is Patti Finn
and she's a nice teacher. She is a cool teacher. In my class, we have three math
groups. Their names are No Name Math Group, the Mad Minute Math Group and last
of all, the Independent Math Group. The Independent Math Group is for kids that are
smart. I know that everybody is smart and I'm in the Independent Math Group. 1 think
it's cool. Do you have an Independent Math Group?
The name of my neighborhood is John Irving Street. It is very quiet and everybody is
nice. I live in Walnut Ridge and everybody is either Chinese, Taiwanese or Filipino.
Everybody is nice to everybody else and that's cool. What's your street's name and
what school do you go to?
Your best friend,
Eddie Ulloa
Diamond Bar High School
21400 E. Pahtfinder
Diamond Bar, CA. 91765
February i, 1997
Dear Pen hal,
Hi! My name is Roshni Nail:. I'm a freshman at Diamond Bar High School.
I'm to be your pen pal as you are to be mine. Although I am disinclined to
write about myself I feel that I should so you could get to know me better.
I'm going to begin by writing some interesting, or not so interesting, facts
about myself. First of all 1 am Indian, though 1 have lived here in America
all my life. What is unusual, though, is that I have bright blue-green eves
and yet I'm Indian. I also love drama, I have been acting since I was in
kindergarten. In the present time 1 feel as though that is the career I would
like to persue. but in time I am sure that feeling will he different. Lastly I
love to ski. I am not quite sure if it snu% s in }_our cite- though here it does.
During the winter, which is from December to mid-Februarv. the mountains
are enveloped in a white blanket of snow. In Diaalond Bar, though, it does
not. and probably will not, sno-v, . Though % ou can see the mountains rising
up and out of the clouds vear round,
'v[y friends are very miporiant as I am sure theV are to you too. Ail of nix"
friends come from all diifereni races such as i:g\ Mian. Indian, and Persian.
They all have different religions and beiiefs wilich makes being around them
so fun. My friends are also a lot of fun to be around because they all have
diverse talents and thoughts. This alit,ws us to be : e; h close and open with
each other.
�Iv family has always been -,vhat I treasure most in my life. fly parents
all have different backrounds My mum is rrom india and England and my
dad is from England and Africa Thev are both veru s%veet and loving and
then have always cared fur me.
My school is great. thougli it can become eatremele borinR it times. I am
in fact a freshman so I'm sure there is many mune things that I still haven't
discovered yet. What is interesting about my school is that we are lucky to
have such a great. well kept campus The grounds of our school are Vvays
clean and there many trees and flowers scattered all throughout the school.
We also have a wonderful sports department. Track is my favorite. The
coach is nice and it's fun to be on the team.
My city is probably the best city I have lived in since 1 have lived here in
America. Diamond Bar is so beautiful. There are so man, trees and parks
which make living here all the more fun. Our roads are veru clean as so our
stores and libraries. I think the only thing we need now is our own mall.
Diamond Bar's community is always very helpful in all activities we take on,
such as our annual fair well, it has been great writing to you, Dye!!
Sirel
Rbshni Naik
Mrs. Klinger's class
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
TO: CITY CLERK
FROM: frnJ •� �4 ,//JiC_ DATE: e,-� 6
ADDRESS: PHONE:
ORGANIZATION:
AGENDA #/SUBJECT:
I expect to address the Council on the
name and address as written above.
a item. Please have the Council Minutes reflect my
Signature
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
TO: CITY CLERK``
FROM: ti' u1 C (('A d� DATE:
ADDRESS: CIL-fLL D (VA� ox�,' ) a, 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.
r
Signature
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
TO: CITY CLERK
FROM: _���v 6,/10/' DATE: �- �l "c17
ADDRESS: 5 Pr 0,a3 rc d e PHONE:;6�a x`11
ORGANIZATION:
AGENDA #/SUBJECT:
I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my
name and address as written above.
Signature
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
TO: CITY CLERK
FROM:
• K---R&I
ORGANIZATION:
AGENDA #/SUBJECT:
DATE:
PHONE: 4 J
I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my
name and address as written above.
Signature
D
TO:
FROM:
ADDRESS:
ORGANIZATION:
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
AGENDA #/SUBJECT:
CITY CLERK
l�b�J�r 0 lze /n4or DATE:
z3 % S �'�/ �CPS�CpI.►C� 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
�I
TO:
FROM:
ADDRESS:
ORGANIZATION:
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
AGENDA #/SUBJECT:
CITY CLERK
C
DATE: 3 �/ 7
PRONE �`� All
1 expect to address the ouncil on the subject agenda item. Please have the Council Minutes reflect my
name and address as written above.
Signalure
— J
VOLUNTARY REOUEST TO ADD113= TWE rITV COUNCIL
TO: CITY CLERK
FROM: DATE:'
ADDRESS: Q PHONE: A 192
ORGANIZATION: 11.�rU1 �t14' �OhL� .s�c�XIP1
SUBJECT: S
I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my
name and address as written above.
r9nature
MINUTES OF THE CITY COUNCIL��%v
REGULAR MEETING OF THE CITY OF DIAMOND BAR
FEBRUARY 4, 1997
WORK SESSION: 1997-1998 Goals and Objectives
M/Huff called the Work Session to order at 5:10 p.m. in Room CC -2, SCAQMD,
21865 E. Copley Drive, Diamond Bar, California.
DISCUSSION OF 1997-98 GOALS AND OBJECTIVES - MPT/Herrera stated that,
in the packet of information dated January 24, 1997, most of the goals had been
completed or would be completed by July 1997. The list should include those goals
that are incomplete and will be incomplete beyond July.
FUTURE CITY HALL - CM/Belanger reported that the owners of the building being
sought by the City are still too far above market price for the City to consider. Other
possible buildings include the former offices of Jay Kim on Valley Vista, etc.
C/Harmony asked for consideration of down -sizing --both City Hall and otherwise to
save funds.
CM/Belanger stated that one alternative is purchase of portable buildings.
C/Harmony suggested making the Senior/Community Center a higher priority. He
mentioned that the perception is that the City continues to build its reserves --are
we not doing enough to keep up with the proposed projects for these funds.
CM/Belanger stated that approx. 1/2 of these funds will be committed by the end of
the year. There is approximately $10,000,000 in the General Fund which has been
growing steadily but will stop when the City's subventions stop next year.
C/Harmony felt that money comes in but doesn't steadily flow out --projects may not
be moving as quickly as they can be.
CM/Belanger stated that D.B. Blvd. will be underway soon, so will Pantera Park,
and Pathfinder Rd. resurfacing and, hopefully, removal of the above -ground utilities.
The 7th phase of the 7 -phase slurry seal program will be done this year. We have
a pavement management program which prioritizes conditions of streets and will
budget for these improvements on a priority basis.
C/Harmony suggested contracting with an independent consultant to conduct a
management audit of the City's contract street maintenance system.
CM/Belanger explained that the Pavement Management Plan by Dwight French &
Assoc. already does this.
C/Ansari suggesting holding a workshop to explore what is happening with the
condition of the streets.
FEBRUARY 4, 1997 PAGE 2
PWD/Wentz offered to put together such a workshop and compare the County
system vs. private system.
C/Harmony - where do we stand on getting a back road to Diamond Ranch High
School.
M/Huff stated that the Goals sheet indicates July 1997.
C/Harmony suggested acquisition of Eric Stone's land for a park.
M/Huff suggested keeping consideration of the Truancy Ordinance open. Also
pursue joint regional planning. Pull out mitigation monitoring measures for the
General Plan.
C/Harmony - Management study or audit of sheriffs department services (as
suggested by Mike Goldenberg).
MPT/Herrera - Community Volunteer Patrol expansion --to be discussed in April?
CM/Belanger explained that the changeover in administration at the Sheriffs station
may provide for expansion for parking tickets, et al. The "dummy" patrol car has
been delivered and will be towing the radar trailer.
M/Huff - Suggested monthly newsletter to those who wish to have it; development
of home occupation standards.
C/Ansari - What is status of Larkstone Park development? Suggested
consideration of a park in Sandstone Canyon.
M/Huff - Parking restrictions on streets in new residential neighborhoods, such as
Sun Cal.
C/Ansari - Set up architectural review committee.
WORK SESSION ADJOURNMENT: 6:20 p.m.
1. CLOSED SESSION: None
2. CALL TO ORDER: Mayor Huff called the meeting to order at
6:30 p.m., in the SCAQMD Auditorium, 21865 E. Copley Drive, Diamond Bar,
California.
PLEDGE OF ALLEGIANCE: Ms. Wowk's Kindergarten class from
Diamond Point Elementary School.
FEBRUARY 4, 1997 PAGE 3
INVOCATION: Monsignor James J. Loughnane, V.T., St.
Denis Church
ROLL CALL: Council Members Ansari, Harmony,
Werner, Mayor Pro Tem Herrera and
Mayor Huff.
Also present were: Terrence L. Belanger, City Manager; Frank Usher, Assistant
City Manager; Michael Jenkins, City Attorney; James DeStefano, Community
Development Director; George Wentz, Public Works Director; Bob Rose,
Community Services Director and Lynda Burgess, City Clerk.
3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
3.1 Proclaimed and endorsed "California First," the Legislative Leadership
Summit sponsored by the Southern California Association of Governments
(SCAG).
3.2 Presented City Tile to Edward B. (Ted) Robinson, owner of Towne Centre
Village.
4. PUBLIC COMMENTS: Red Calkins thanked Council Member's
Ansari, Harmony and Werner for voting to approve the double yellow centerline
striping on Prospectors Rd. He thanked PWD/Wentz and DPWD/Liu for their work
on the matter. He commended the Sheriffs Department for Prospectors Rd., D.B.
Blvd. and Golden Springs Rd. traffic enforcement. He asked Council to recognize
Sheriffs Department retirees Luter and Hensen.
Jerry Hamilton thanked Council for arranging Saturday morning re -broadcasts of
Council meetings. He suggested that D.B. schools use the broadcasts for civics
lessons.
5. SCHEDULE OF FUTURE EVENTS:
5.1 HAZARDOUS WASTE ROUNDUP - Saturday, February 8, 1997 - 9:00 a.m.
- 3:00 p.m., Mt. San Antonio College, Parking Lot B., Mt. Sac Way.
5.2 SISTER CITY DELEGATION TRIP TO SANHSIA - February 9 through
February 15, 1997.
5.3 PLANNING COMMISSION - February 11, 1997 - 7:00 p.m., AQMD
Auditorium, 21865 E. Copley Dr.
5.4 TRAFFIC & TRANSPORTATION COMMISSION - February 13, 1997 - 7:00
p.m., AQMD Board Hearing Room, 21865 E. Copley Dr.
5.5 PRESIDENTS HOLIDAY - February 17, 1997 - In observance of President's
Holiday, City Offices will be closed. City offices will reopen Tuesday,
February 18, 1997.
FEBRUARY 4, 1997 PAGE 4
5.6 CITY COUNCIL MEETING - February 18, 1997 - 6:30 p.m., AQMD
Auditorium, 21865 E. Copley Dr.
6. CONSENT CALENDAR: C/Werner moved, C/Ansari seconded, to
approve the Consent Calendar with the exception of Item No. 6.7. 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
6.1 APPROVED MINUTES:
6.1.1 Town Hall Meeting of January 18, 1997 as submitted.
6.1.2 Regular Meeting of January 21, 1997 as submitted.
6.2 RECEIVED & FILED PLANNING COMMISSION MINUTES - Regular
Meeting of January 14, 1997.
6.3 APPROVED VOUCHER REGISTER - dated February 4, 1997 in the amount
of $253,456.66.
6.4 RECEIVED & FILED TREASURER'S REPORT - December, 1996.
6.5 REJECTED CLAIMS FOR DAMAGES AND REFERRED THE MATTERS
FOR FURTHER ACTION TO CARL WARREN & CO., THE CITY'S RISK
MANAGER -
6.5.1 Filed by Angel Magallanes on January 14, 1997.
6.5.2 Filed by Ronni S. Levine -Hill on January 22, 1997.
6.5.3 Filed by George & Peggy Boyle on January 24, 1997.
6.6 ADOPTED RESOLUTION NO. 97-10: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING THE
DEPARTMENT OF GENERAL SERVICES OF THE STATE OF
CALIFORNIA TO PURCHASE CERTAIN ITEMS ON THE CITY'S BEHALF
PURSUANT TO STATE CONTRACT NOS. 1-97-23-10 AND 1-97-23-20.
MATTERS WITHDRAWN FROM CONSENT CALENDAR:
6.7 AUDIBLE PEDESTRIAN SIGNALS AT THE INTERSECTION OF
PATHFINDER ROAD/BREA CANYON ROAD AND DIAMOND BAR
BOULEVARD/FOUNTAIN SPRINGS ROAD.
C/Ansari thanked the citizen who brought this item to the City's attention.
FEBRUARY 4, 1997 PAGE 5
She asked citizens to advise the City of any problems requiring attention.
In response to C/Harmony, CM/Belanger explained that the audible sound
frequency may be as much as 90 decibels at the signal point and reduced
to about 35 decibels at approximately 45 feet. The frequency is controlled
according to the ambient noise level at peak hours. The signal can be timer
controlled and decibel level modulated.
In response to C/Werner, DPWD/Liu stated that the special signal will be
timed in accordance with other City pedestrian signals.
In response to C/Ansari, DPWD/Liu indicated that L.A. County is scheduled
to complete the signalization within one month from date of approval.
C/Werner moved, C/Ansari seconded, to approve installation of audible
pedestrian signals at the intersection of Pathfinder Rd. /Brea Canyon Rd.
and D.B. Blvd./Fountain Springs. 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 RESOLUTION NO. 97-11: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DIAMOND BAR INSTALLING ALL -WAY STOP SIGNS AT
HIGHBLUFF DRIVE AND QUAIL SUMMIT DRIVE, AT ROLLING KNOLL
ROAD AND COUNTRY VIEW DRIVE, AND AT COYOTE SPRINGS DRIVE
AT SAND RIDGE ROAD AND REPLACING THE EXISTING "YIELD" SIGN
ON DEER CROSSING ROAD AT COUNTRY VIEW DRIVE WITH A STOP
SIGN - PWD/Wentz reported that the Exhibit B cost of $4,500 does not
include the Grand Ave. Noise Study. The estimated noise study cost is
between $2,000 and $5,000.
M/Huff summarized letters from the following residents: Debbie Holt
expressed reservations about the stop sign at Quail Summit Dr. and
Highbluff Dr.; Debi Haldiman opposed stop signs at Country View Dr. and
Rolling Knoll Rd., and Highbluff Dr. and Quail Summit Dr.; Melinda McCoven
opposed a stop sign at the intersection of Quail Summit Dr. and Highbluff Dr.
David Meyer stated that if Grand Ave. and D.B. Blvd. were operating at
acceptable levels, the cut -through traffic would not be seeking alternative
FEBRUARY 4, 1997 PAGE 6
routes through residential neighborhoods. He agreed with the concept of
improving the living environment and safety for the residents. In his opinion,
if the concern is speeding vehicles, the solution is enforcement. If the
problem is cut -through traffic, attention should be focused on improving the
arterial highway system. He objected to the all -way stop at Rolling Knoll Rd.
and Country View Dr. but agreed that a stop sign to westbound Country View
Dr. traffic at the intersection of Rolling Knoll Rd. would more properly
address the traffic problems. He hoped Council was not entertaining the
notion of using stop signs to control speed, but suggested increased
enforcement for this purpose.
Jerry Hamilton favored a stop sign at Rolling Knoll Rd. and Country View Dr.
for the safety of the residents.
Terry Haldiman expressed concern that the intersections of Quail Summit at
Highbluff and Rolling Knoll at Country View are too close to controlled
intersections to warrant stop sign installations. He favored all -way stops at
Country View at Deer Crossing and Coyote Springs at Sand Ridge if the
neighbors feel they are warranted.
Arthur Ragazzi thanked Council for installation of mitigation measures which
has significantly curtailed the cut -through traffic. The recent study revealed
that the neighborhood residents account for most of the neighborhood traffic.
He believed stop signs would not deter speeding motorists and favored
increased enforcement in the neighborhood.
In response to Merrier, Mr. Ragazzi stated that he did not believe that
speeding traffic is a bigger problem in his neighborhood than in other areas
of the City. Cut -through traffic problems have been solved to the greatest
extent possible.
Jack Tanaka stated that the meeting agenda did not reflect the request for
a 3 -way stop at Deer Crossing at Country View. He provided letters with 18
signatures from his neighbors on Country View in support of the three-way
stop.
M/Huff stated that neighborhood residents have told him they prefer not to
have additional stop signs installed. It appears that there has been an
attempt to find problems that do not exist in order to justify the Neighborhood
Traffic Study. In his opinion, stop sign implementation to the degree
recommended is severe.
Following discussion, C/Werner moved, C/Ansari seconded, to approve
installation of a 3 -way stop sign at Country View Dr. and Deer Crossing Rd.
with an effectiveness report to Council in six months from date of installation.
Motion carried by the following Roll Call vote:
FEBRUARY 4, 1997 PAGE 7
AYES: COUNCIL MEMBERS - Ansari, Harmony, Werner,
MPT/Herrera, M/Huff
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
C/Harmony moved, M/Huff seconded, to install ladder -type crosswalks on
Quail Summit Dr. at Winterwood Ln. 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
8.2 PROPOSAL FOR A COMPREHENSIVE TRAFFIC STUDY FOR THE
WALNUT VALLEY AND POMONA UNIFIED SCHOOL DISTRICTS'
SCHOOL SITES IN THE CITY OF DIAMOND BAR.
Craig Clute asked that the following items be included in the school study:
L.A. County Sheriffs Department traffic enforcement, short -and long-term
parking as separate items, and State supported school busing. In his
opinion, stop signs with supportive enforcement mitigate speeding traffic.
C/Ansari moved, MPT/Herrera seconded, to award a contract to Austin -Foust
Associates, Inc. for the Walnut Valley and Pomona Unified School Districts'
sites in the City in an amount not -to -exceed $17,200 ($15,200 for the study
and $2,000 for a contingency for contract amendments to be approved by
the City Manager). Said contract fee will be allocated from the Gas Tax
funds. 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
8.3 FISCAL YEAR 1996-1997 MID -YEAR BUDGET ADJUSTMENT.
Jack Gutowski stated that, in his opinion, asset confiscation money should
be used to fund drug education.
C/Wemer moved, C/Ansari seconded, to approve the Fiscal Year 1996-1997
Mid -Year Budget Adjustment. Motion carried by the following Roll Call vote:
FEBRUARY 4, 1997 PAGE 11
would be excellent in a General Plan including the Tonner Canyon roadway.
She asked that Council follow the City's General Plan step by step in the
development of an alternative travel corridor which was voted upon by the
public. She felt that other Council Members were proactively asking for a
roadway or an easement with the Supervisor's involvement without the City
speaking to adjoining areas. She reported that she had been on the Tonner
Canyon Four Corners Committee for the last three years and no solution has
come out of that. Brea does not want any roadway there. If the Council is
going to implement the General Plan, then she felt that the City must monitor
the traffic concerns. Both the Parsons -Brinkerhoff and DKS studies were
used when the Circulation Element was prepared for the General Plan. The
General Plan does not say where the road is going to be but does indicate
where it is not going to be which is out of the SEA. She felt that if Council
is going to proceed, then they should vote on the development of an
alternative corridor. She further stated that if the road is needed in 5, 10, or
20 years, then so be it but wondered where the funding would come from.
She expressed concern that the funding for the roadway would be coming
from the construction of 10,000 homes to be built in Tres Hermanos. Other
Council Members have suggested that the City should keep its options open
because of the bypass regional road in the General Plan. The Plan also
says that the City is to monitor the other traffic areas. The City is also
supposed to meet with officials from Orange and San Bernardino Counties
and that has not been done. She stated that she would vote against any
motion that would select one area of the General Plan without looking at all
of the elements of the Plan.
C/Werner stated that the City is not involved in the Tonner Canyon land
purchase negotiation. L.A. County has the money, D.B. does not. Anything
beyond support of the City's General Plan violates the spirit and intent of the
citizens' wishes.
M/Huff stated that he and the City are not negotiating the purchase of
Tonner Canyon land. The attempt is to protect the City's options as they
exist in the General Plan. The road under discussion is a ridgeline road that
would not be visible to residents of D.B. The proposed roadway will not
connect to D.B. and will not impact the City's traffic. The roadway exit would
exist prior to D.B. City limits and may accommodate 40,000 to 60,000
vehicles daily that would otherwise cut through D.B. The opportunity exists
to set the area aside as open space and have real traffic relief. A traffic
corridor can be environmentally sensitive. Unlike Carbon Canyon Rd., the
proposed roadway would also alleviate traffic congestion on Brea streets.
C/Ansari stated that the she had no prior knowledge of the letter just
received which was addressed to her, of which all Council Members received
copies. She suggested that Council strictly follow the letter of the General
Plan.
FEBRUARY 4, 1997
PAGE 12
MPT/Herrera moved, C/Werner seconded, to continue the matter to
February 18, 1997. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Werner, MPT/Herrera, M/Huff
NOES: COUNCIL MEMBERS - Ansari, Harmony
ABSENT: COUNCIL MEMBERS - None
9. NEW BUSINESS:
None
RECESS: M/Huff recessed the City Council meeting at 11:10
p.m. to open the Redevelopment Agency meeting.
RECONVENE:
11:12 p.m.
M/Huff reconvened the City Council meeting at
10. COUNCIL SUB -COMMITTEE REPORTS: None
11. COUNCIL COMMENTS: C/Ansari stated that although the Council may
disagree on issues, healthy discussion is productive.
12. ANNOUNCEMENTS: None
13. ADJOURNMENT: There being no further business to conduct, M/Huff adjourned
the meeting at 11:13 p.m.
ATTEST:
Mayor
LYNDA BURGESS, City Clerk
2.
3
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
FEBRUARY 18, 1997
CLOSED SESSION: None
CALL TO ORDER: Mayor Huff called the meeting to order at 6:50
p.m. in the SCAQMD Auditorium, 21865 E. Copley Drive, Diamond Bar, California.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by C/Harmony.
INVOCATION: Reverend Dennis Stuve, Mt. Calvary Lutheran
Church
ROLL CALL: Council Members Ansari, Harmony, Werner,
Mayor Pro Tem Herrera and Mayor Huff.
Also present were: Terrence L. Belanger, City Manager; Frank Usher,
Assistant City Manager; Amanda Susskind, Assistant City Attorney; James
DeStefano, Community Development Director; Bob Rose, Community
Services Director and Lynda Burgess, City Clerk.
SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
3.1 Proclaimed March, 1997 as "Red Cross Month."
4. PUBLIC COMMENTS: Don Gravdahl spoke about flyers he found posted
at several local businesses. The flyer alleged negotiations by M/Huff and
MPT/Herrera with the Wildlife Corridor organization and indicated that these
negotiations would result in a $300,000,000 assessment to be placed on the
residents of D.B. He pointed out that the message in the flyer was completely
misleading and erroneous. He asked the City to set up an agency to handle the
$10,000,000 in Prop A funds.
Glen Thomas asked Council to approve the Traffic & Transportation Commission's
recommendation for installation of stop signs at Fern Hollow and Los Cerros Drs.
He suggested a bicycle lane be installed on Pathfinder and Brea Canyon Rd. west
of SR 57.
Red Calkins concurred with Don Gravdahl regarding the posted flyers. He stated
that he felt insulted by the February 9, 1997 Daily Bulletin article entitled "Residents
Feel Safer Behind Bars."
Martha Bruske agreed that stop signs should be installed at the intersections of
Maple Hill Rd. at Mt. Laurel Way, and Los Cerros at Fern Hollow Drs. but
expressed concern that the intersection of Goldrush Dr. at D.B. Blvd. may also need
some sort of mitigation measure.
Clyde Hennessee thanked Council for their representation and good manners.
Although not everyone can be satisfied all of the time, he noted that the current
FEBRUARY 18, 1997 PAGE 2 CITY COUNCIL
leadership is making a concerted effort to respond to public concerns.
Kevin House felt there was a lack of citizen representation by Council and stated
that he was embarrassed that D.B. is the only City that does not want to save
Tonner Canyon. He demanded that C/Harmony be given representation on Council
subcommittees. He asked the City to pursue contracting with a different television
cable company.
Don Schad spoke about the loss of Oscar Law and how he had worked tirelessly
as an advocate for the City's Seniors. He recommended the City present a Plaque
to Mrs. Law in recognition of Mr. Law's dedicated efforts. Mr. Schad thanked
DPWD/Liu for posting deer crossing signs on Pathfinder Rd.
5. SCHEDULE OF FUTURE EVENTS:
5.1 PLANNING COMMISSION - February 25, 1997 - 7:00 p.m. AQMD
Auditorium, 21865 E. Copley Dr.
5.2 PARKS & RECREATION COMMISSION - February 27, 1997 - 7:00 p.m.,
AQMD Board Hearing Room, 21865 E. Copley Dr.
5.3 CITY COUNCIL MEETING - March 4, 1997 - 6:30 p.m. AQMD Auditorium,
21865 E. Copley Dr.
5.4 TOWN HALL MEETING DEVELOPMENT CODE DISCUSSION HELD
JOINTLY WITH THE PLANNING COMMISSION - March 22 or 29, 1997,
9:00 a.m. to 12 noon, Heritage Park Community Center, 2900 S. Brea
Canyon Rd.
5.5 TRAFFIC & TRANSPORTATION COMMISSION - March 13, 1997 - 7:00
p.m., AQMD Board Hearing Room, 21865 E. Copley Dr.
6. CONSENT CALENDAR: MPT/Herrera moved, C/Harmony seconded to
approve the Consent Calendar with the exception of Item No. 6.1.1. Motion carried
by the following Roll Call Vote:
AYES:
COUNCIL MEMBERS - Ansari, Harmony, MPT/Herrera, M/Huff
NOES:
COUNCIL MEMBERS - None
ABSENT:
COUNCIL MEMBERS - Werner
6.2 APPROVED VOUCHER REGISTER dated February 18, 1997, in the amount
of $645,980.95.
6.3 REJECTED CLAIM FOR DAMAGES - filed by George and Peggy Boyle
January 31, 1997 and referred the matter to Carl Warren & Co., the City's
Risk Manager.
6.4 ADOPTED RESOLUTION NO. 92-12: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR INSTALLING MULTI -WAY
STOP SIGNS AT THE INTERSECTIONS OF MAPLE HILL ROAD AT
FEBRUARY 18, 1997 PAGE 3 CITY COUNCIL
MOUNTAIN LAUREL WAY, AND LOS CERROS DRIVE AT FERN HOLLOW
DRIVE.
MATTERS WITHDRAWN FROM CONSENT CALENDAR:
6.1 APPROVAL OF MINUTES:
6.1.1 City Council Work Session and Regular Meeting of February 4, 1997.
C/Ansari asked for verbatim minutes because the transcript did not
accurately reflect her statements. She agreed to meet with the City
Clerk to address her concerns. Council consensus to continue the
matter to March 4, 1997.
7. PUBLIC HEARINGS: None
RECESS TO REDEVELOPMENT AGENCY MEETING: 7:30 p.m.
RECONVENE: M/Huff reconvened the City Council Meeting at 7:33 p.m.
RECESS: M/Huff recessed the City Council meeting at 7:33 p.m.
RECONVENE: M/Huff reconvened the City Council meeting at 7:45 p.m.
C/Werner arrived at 7:45 p.m.
8. OLD BUSINESS:
8.1 GENERAL PLAN IMPLEMENTATION - Continued from February 4, 1997.
M/Huff stated that flyers posted at local businesses referring to a
$300,000,000 assessment were a misrepresentation of the matter under
current discussion. He cautioned the public to be aware of the deception.
The issue before Council was whether it will support the General Plan's
discussion of a road outside the SEA, outside of Tonner Canyon bottom and
does not connect to D.B. I The Chairman of the Wildlife Corridor
Conservancy Authority was quoted in that day's Daily Bulletin as saying the
Authority had no position on the road and any road that went through the
area would have to be environmentally sensitive. Mr. Edmiston, Exec. Dir.
of the Wildlife Corridor, has said that a road, as called out in the City's
General Plan, does not cause a problem with the Authority's efforts to save
the wildlife in Tonner Canyon. M/Huff indicated that he was confused about
the issue. Many people spoke at the last meeting as if there is a road being
built in Tonner Canyon and there is not a road being built in Tonner Canyon.
C/Harmony stated that CA/Jenkins assured him that there was no basis in
FEBRUARY 18, 1997 PAGE 4 CITY COUNCIL
fact to the recent representation regarding a Brown Act violation.
C/Ansari stated she was not a party to the flyer alleging a $300,000,000
assessment.
Beverly D'Errico said she would like to see Tonner Canyon preserved. She
felt that passage of Proposition A would assure the preservation of Tonner
Canyon. She said she is disappointed and confused about the issue if D.B.
is interfering with the bond.
Mike Goldenberg and Joe Ruzicka suggested that, in addition to the group
that wishes to preserve Tonner Canyon as it currently exists and the group
that wishes to consider building a road in or around the canyon, other issues
exist which need to be addressed. They suggested that Council consider
what is in the best interest of D.B. There is no definitive answer to this issue
since D.B. does not own the property, nor is the property within the City's
boundaries. It is within the City's Sphere of Influence which gives the
Council options to consider the City's best interest. Ontario is presently
reviewing and modifying its General Plan and proposing to develop
approximately 8,000 acres in the southwest corner of its City limits. Most of
the newly developed area is to be designated residential and the City
anticipates about 100,000 new residents. Ontario is planning to designate,
as one of its major east/west arterials, Edison St. Edison St., at its westerly
exit, becomes Grand Ave. If D.B. ignores the plans of Ontario, Chino, Chino
Hills and other surrounding communities, it will certainly spell disaster for
any traffic mitigation that the City and its residents may be able to employ.
Martha Bruske stated that, in the absence of trust and forthrightness, the
Council has "phantom" issues and it appeared that the participants are not
viewing the same map. She asked for clarification of whether a road can
actually connect at both ends. She expressed concern that a Grand Ave.
entrance/exit to Tonner Canyon Rd. would cross ecologically protected
wetlands. She stated that D.B. Blvd. traffic appears to be lighter between
Brea Canyon Rd. and Grand Ave. In her opinion, the City needs current
traffic study data with respect to D.B. Blvd. and Golden Springs Rd. She
suggested that development be curtailed to mitigate the traffic problems.
She asked who owns the property that could be developed if a road is built.
She asked Council to confirm that a road would begin and end outside of
D.B.'s City limits. If so, why would D.B. be expected to pay for a road.
Don Schad asked for the definition of an "environmentally sensitive
roadway."
Lydia Plunk stated that the reason the Board of Supervisors held up the
automatic transfer of monies to the Wildlife Corridor Conservation Authority
was because a group of individuals have been playing with the rules. The
sale of the Boy Scout Reservation cannot be held up when there is no
FEBRUARY 18, 1997 PAGE 5 CITY COUNCIL
agreement to sell. She indicated that a publicity campaign was used to force
the sale of the property. The Wildlife Corridor Conservation Authority is not
to receive the property or the $10,000,000. People with a vested interest
and hidden agenda lobbied successfully to have the funds meant for the
preservation of Tonner Canyon given to a group from Simi Valley, Conejo,
and the Santa Monica Mountains Conservancy. The District Attorney is
currently conducting an investigation into this matter. The options of a
Soquel/Carbon Canyon Rd. no longer exist. She asked why D.B. is involved
in a study of the Orange County eastern corridor. Although D.B. is a
member of the Joint Powers Authority, there does not seem to be a
consensus of which map is authentic to the current situation.
Joyce Leonard Colby, Traffic & Transportation Commissioner, stated that
residents frequently express concern regarding cut -through traffic on City
streets. As a citizen and local business person, it is difficult to get around
in the City to conduct business at certain hours of the day. Until there is a
well planned and environmentally sensitive alternative to the traffic problems
in the City, traffic problems will continue to increase. She asked Council to
remain open to the fact that the City needs traffic relief.
Mike Morriss asked Council to keep in mind that the transportation,
environment and development issues have created undue stress and
election discord in the City and stated that Council should keep all issues
and discussions within the public's view.
Clare Schlotterbeck, Hills for Everyone, displayed General Plan Circulation
Element maps from Chino Hills showing a Tonner Canyon Rd., County of
San Bernardino showing a Tonner Canyon Rd., L.A. County showing no
road, City of Brea showing no road and the County of Orange showing no
road. There is no beginning and no ending to this road. For any funding to
be set aside for a road, three elements must exist: A private toll road, a
Bond assessment, or State or Federal funds. All of these elements must
have a plan position which indicates a beginning and ending. The six
involved jurisdictions would need to pursue a road, fund a .pian, send out
Requests for Proposal, conduct an EIR and Public Hearings. With the
current stance, she saw no possibility of a bypass road being constructed.
In addition, current statistics indicate that for every mile of road, three miles
of development are opened. Therefore, a bypass road will not help mitigate
traffic.
Don Gravdahl asked if the City has looked into whether or not a
"grandfather" clause exists with respect to a road through Tonner Canyon
between the cities of Brea and Pomona since the road was regularly traveled
in the 1920's.
Jack Gutowski asked why a "floating easement" is being discussed if there
is no road proposed to go through Tonner Canyon. He wanted to know how
FEBRUARY 18, 1997 PAGE 6 CITY COUNCIL
the interests of D.B. citizens who do not support a regional bypass are being
conveyed to Supervisor Knabe. He asked that not to hold up the sale of the
property.
Gary Neely, Exec. Dir., D.B. Caucus, stated that members of the Wildlife
Corridor Conservancy Authority have been quoted as stating the
organization does not oppose a roadway. He emphasized that there should
be no question that Council would continue to pursue activities and
opportunities which further the implementation of the City's General Plan
related to the creation of a regional bypass corridor. Implications that
members of Council are acting out some kind of sinister closed -door plan
which undermines the will of the citizens is far-fetched.
Robert Goodman, Wildlife Biologist, stated that when habitats are
fragmented, extinctions occur. If a road is built, Tonner Canyon will be
isolated from the corridor to Chino Hills State Park.
Gary Hund, Calif. Dept. of Parks & Recreation, stated that Chino Hills
recently acquired 960 acres for Chino Hills State Park in recognition of the
importance of maintaining a biological corridor to the Whittier Hills.
Development of a road through Tonner Canyon or on the ridge top would
fragment the corridor and would create some impediment to wildlife
movement.
John Forbing stated that majority rule is the basis of democratic government.
He indicated that Carbon Canyon Rd., Grand Ave., the 57 fwy., Nogales,
Hacienda Blvd., Fullerton Rd. and 7th Ave. currently cut across the wildlife
corridor. Evidently, roadways are not interfering with the passage of wildlife
when the City is posting deer crossing signs. Therefore, the argument that
D.B. has no right to have a voice in discussing options to mitigate City traffic
is a specious argument. In his opinion, pursuit of the City's General Plan is
a long term situation and options should be pursued.
Steve Feld, Hacienda Heights resident and governing board member of the
Wildlife Corridor Conservation Authority, stated that his group does not
conduct meetings behind closed doors, has always had an attorney present
during meetings and always receives public input.
Kevin House asked Council to display the proposed road alignment.
Wilbur Smith asked Council to identify funding sources for a proposed road,
identify the road alignment and whether Council intends to change stated
General Plan goals.
Clyde Hennessee believed Council should continue to pursue the City's best
interests.
FEBRUARY 18, 1997 PAGE 7 CITY COUNCIL
MPT/Herrera stated that with respect to the flyer being distributed, she and
M/Huff were appointed by Council to serve on the Chino Hills adhoc City -to -
City Committee. There have been several meetings; however, no deals or
commitments have been made for a $300,000,000 road. The flyer contains
bogus statements and vicious people are spreading lies. Wildlife Corridor
Board Members and Advisory Board Members are saying that she is out to
destroy a wildlife corridor. That is not true. She has never voted against the
wildlife corridor increasing its present borders. Her only concern was voiced
in August during a closed session discussion when she learned that the
Wildlife Corridor was attempting to purchase the Boy Scout property. There
had been no prior discussion about the negotiations and D.B, was being left
in the dark. It is a fact that several other board members knew what was
happening but Q.B. board members did not and she received a letter of
apology from Bo6 Henderson, Chairman of the Board, for leaving D. B. in the
dark. She indicated that she wants to uphold the General Plan which
discusses preserving Tonner Canyon. When voting to approve Prop A, the
Safe Parks Bond Act, " many citizens thought they were voting to make
parks safer. The language never indicate that Tonner Canyon land would
be purchased with Prop A funds. Prop A literature contained statements
regarding the purchase of $10,000,000 worth of wildlife corridor property
east of Colima Rd. D.B. does not have control of the $10,000,000 in
question and D.B. does not have control of negotiations or of a purchase
agreement. Negotiations for purchase are between the Wildlife Corridor
Conservation Authority and the Boy Scouts of America. L.A. County has
control of the area and they are the only entity that can impose the rights for
a roadway. D.B. does not have the power or authority to impose a roadway.
Regarding the discussion of this Agenda Item, she stated that there are
goals and objectives spelled out in the City's General Plan and the matter is
before Council to determine if this body wishes to move forward. Several
residents have expressed concerns regarding traffic related issues. Many
of this evening's participants are not D.B. residents. D.B. taxpayers will be
paying about $4,000,000 as a result of Prop A which may be used toward
the purchase of the Tonner Canyon property. She believed the City's
taxpayers have a right to representation and have expectations that their
concerns will be addressed. When she campaigned last year, the number
one concern of residents was traffic. This discussion is the first step. For
those who asked where the road is going to go, there is no definitive plan at
this point in time. Who will pay for a road is another step. In response to the
comment that an attorney is present at every Wildlife Corridor Conservancy
Authority meeting, during a September, 1996 meeting, she asked if an
attorney was supposed to be present. In fact, an attorney was not present
but a board member who happens to be an attorney was present. With
respect to a bypass roadway cutting off wildlife flow through the corridor, she
spoke about a five hour tour during which she was shown that mountain lions
will proceed out of Cold Canyon, pass under the 91 fwy., jog down sidewalks
and proceed across to pickup the balance of the corridor. In Powder
Canyon, the corridor entrance and exit are not aligned. The expectation is
FEBRUARY 18, 1997 PAGE 8 CITY COUNCIL
that the animals will proceed from the exit, down sidewalk areas to the next
entry. She did not believe a bypass roadway that provides an underpass will
impede animal movement.
C/Harmony stated that policy setting requires three Council votes and the
choice better be right. The reason D.B. cannot delay on this item is because
the City could lose $10,000,000 to purchase Tonner Canyon. There
appears to be agreement with the General Plan to preserve the 3500 acre
SEA. If Council and staff are instructed to work with Supervisor Knabe to
continue to hold up the $10,000,000, the money may be lost to other cities.
Before the Prop A election, everyone was aware that Tonner Canyon was up
for grabs and was going to be purchased. He cited a BBS memo between
a Council Member and a PAC representative in which the issue was
discussed. The Council Member referred to this item as "buying animal
playgrounds. In addition, the matter was discussed at Council level.
Council and the voters knew that Tonner Canyon was up for consideration
and acquisition with passage of Prop A. This campaign has been
characterized by accusation. He said he was charged with violation of the
Brown Act because he passed a business card to another member at a
public meeting that said Council has not been able to review the agreements
that the City Attorney has now faxed to the Board Member. He felt that being
accused of violating the Brown Act and having his microphone shut off
during the last Council Meeting was wrong. He proposed that Council work
together toward a solution. Council is sensitive to the City's traffic needs.
A stub of an easement -- a road that goes nowhere with nobody knowing
who will pay for it -- is not the beginning of a solution. He spoke about the
inadequacy of the outdated Brinkerhoff report as it relates to the Orange
County infrastructure and its ability to handle the influx of traffic through a
Tonner Canyon corridor. He said SR 57 restricts traffic flow. In his opinion,
there is a need for a regional plan that improves the 57 fwy., the flow of
traffic in and out of Chino Hills and D.B. He was concerned that the
expansion of Phillips Ranch Rd. will create additional D.B. cut -through
traffic. During the General Plan review, the City's traffic consultant
determined that a regional bypass road would give some short term relief.
He believed that D.B. should work with San Bernardino County through
Supervisor Knabe to create a master plan for SR 57 and SR 60 expansion.
The General Plan calls for funding from D.B. resources, specifically, Prop A
monies. During the General Plan hearings, a Council Member suggested
that the City could use redevelopment money. When he previously voted to
support the City's General Plan, he did not imagine that Council would
privately negotiate with Supervisor Knabe to withhold funds for acquisition
of Tonner Canyon.
CNNerner stated that he did not advocate or oppose a regional bypass
corridor in his last campaign statement. At issue was the development of the
City's General Plan. Many citizens who participated in General Plan
discussions attempted to create a consensus with respect to the regional
FEBRUARY 18, 1997 PAGE 9 CITY COUNCIL
traffic issue. As a result of this consensus, both the adopted General Plan
and the Measure D General Plan contained the same statement with respect
to the regional bypass traffic. Citizens have stated that they wish to have
Tonner Canyon preserved and he agreed that the canyon should be
preserved. The City's General Plan is quite clear with respect to this intent.
In fact, four years ago he led Council in its approach to the Wildlife Corridor
Conservation Committee. The Council unanimously agreed that it was in the
City's best interest to participate in that organization and to be a part of
future discussions. He reiterated that he wants to see Tonner Canyon
preserved and believed the City's General Plan has properly presented
policy to achieve that objective. General Plan implementation takes place
in steps and over time. It is currently appropriate for the City to take some
action with respect to a roadway option, not a roadway development. In his
opinion, it is in the City's best interest to consider all options. The City has
no authority over the use of $10,000,000 Prop A funds or over whether or
not the Boy Scouts will sell its property. He stated that Clare Schlotterbeck's
statement that if you think it is going to happen (a bypass road), it won't
happen is an interesting statement. However, even if citizens believe no
roadway will be built, the City has an obligation to consider that a road might
be built and to consider all other options as well. He believed the City's best
interests are characterized in the General Plan. On one hand, the General
Plan discusses preserving open space. On the other hand, there is
discussion regarding the need for a regional traffic bypass. Therefore,
because of a lack of influence with respect to use of Prop A funds and/or
sale of the Boy Scout property, D.B. can only explain to the public outside
of the community that these General Plan policies exist and that the City
intends to move forward with its stated goals and objectives. Agenda Item
8.1, requested by C/Ansari, asks if Council and staff should continue to
pursue activities and opportunities which further the implementation of the
City's General Plan related to the creation of a regional bypass corridor.
C/Ansari is recommending support of the continuation of Council and staff
efforts to pursue implementation of the numerous goals, objectives and
strategies. Why wouldn't the City and City Council want to be doing that.
He agreed that staff and Council should be supporting the General Plan
without a vote.
C/Ansari stated that everyone agrees that there is a traffic problem in D.B.;
however, Council Members each have a different perception of how the
General Plan should be implemented. The General Plan talks about the
possibility of a regional bypass corridor and that the City should be
proactive. However, that comes after other traffic mitigation that the City is
in the process of discussing and implementing. One mitigation measure is
HOV lanes and the SR 57 fwy. widening. Another is the SR57/SR60
interchange, which will not occur for another two to three years. The third
is the widening of the 71/91 fwy. corridor. How these mitigation measures
will affect traffic flow through D.B. is unknown at this time. Most of D.B.'s
traffic problems are created because of other city's traffic. We can put up a
FEBRUARY 18, 1997 PAGE 10 CITY COUNCIL
wall that says do not enter D.B. or make Grand Ave. a toll road, which will
not happen. The reality is that traffic is increasing. However, past studies
were based upon inflated population figures for Chino Hills and D.B. She
asked to have the item placed on the agenda but the terminology was not
hers. Council reaffirmed the General Plan in December, 1996. However,
Council did not tell the Mayor that he had permission to go to a County
Supervisor and ask for a regional roadway. When she found out that the
Mayor went to the Supervisor and asked for the option of a regional bypass
corridor, she felt that it was such an important issue for the City that it should
be put on the agenda and if the Council agrees with implementation and
pursuit of a roadway, let it be out in the open for the public. Council is not
going to agree on everything. A regional bypass corridor is not on any plans
for funding for the next 10, 15 or 20 years. The General Plan says that the
roadway cannot be in the SEA. That is the area that is going to be
purchased by the Wildlife Conservation Authority once they get the funding.
Our issue is with the Boy Scouts and the possibility of having a roadway. If
we are going to have a roadway in D.B.'s Sphere of Influence, the issue is
whether it will go over the Boy Scout property or if it will go into Orange
County and the City of Brea and onto the SR57. Brea does not wish to have
any road go through its City so where is it going to end? If we are going to
discuss it, we need to discuss it with the Boy Scouts. The Scouts are not
sure where the property boundaries are exactly right now. Are we asking for
us to preserve our option to have a regional bypass corridor? If, in the future
the Boy Scouts do not plan to camp there anymore, what action are we
asking for? Are we asking for us to have a right -of -dedication, an easement
of the Boy Scout property? If the sale of the Boy Scout property goes
through, will that include a contingency that D.B. will be allowed the option
of a regional corridor or an easement over that property. Would that hold up
the sale of this property? Or is it going to be D.B. dealing with the Boy
Scouts on having a road go over their piece of property? These are the
areas that we need to discuss and if we are going to discuss this outwardly
and say we are going to implement our General Plan as each of us
perceives it in a slightly different way on a course of action for traffic
mitigation, and there is mitigation going on, then maybe we need to have
that out in black and white. She is not against a transportation corridor;
however, the has had five years of tumultuous General Plan problems and
concerns about open space issues, concerns about the Tonner Canyon
roadway, if it ever occurred. I served on this canyon road committee and the
committee had many heated debates on this issue. The committee
discussed that if the corridor were to be built, it would be environmentally
sensitive. The primary concern was for traffic mitigation and not a roadway.
Who would pay for construction of the road? Would it be a toll road? It's not
going to be tomorrow, it's not going to be in five years and it may not be for
20 years if it is to go through. The City may also need another traffic study.
When do we do another traffic study? Do we do a traffic study knowing that
the populations of these cities are not quite what they had been when the
studies were done before or do we wait until after the traffic mitigation
FEBRUARY 18, 1997 PAGE 11 CITY COUNCIL
implementation? What is in the best interest for us to do a another traffic
study that has more up-to-date information? Do we want to have the
roadway going over the Boy Scout property?
C/Werner believed that the responsibility lies with L.A. County. For years
the County has poorly dealt with the creation of D.B.'s traffic design. The
City does what it can within its boundaries. The property in question is
outside of the City's boundaries. The best the City can do is to influence
jurisdictions outside the City's boundaries as to how they can make
decisions. One of the best things D.B. can do to protect the interest of the
City is to influence the County to take it upon themselves to resolve a traffic
issue that they, for the most part, have overlooked for many years.
WHuff stated that, with respect to who would pay for a bypass roadway, the
City does not know. He understood the frustration about a roadway that has
no beginning or ending. What the General Plan states is where a roadway
will not be located. To abandoned the compromise plan that became the
City's General Plan puts the City back at the beginning of the arguments.
It seems that the City has to look at every option in balance -- traffic
mitigation and preservation of open space. How are we paying for it? Don't
know. Because there is no road identified, engineering costs and
methodology cannot be determined. The matter is not at that point. He said
he wishes it could be said that there is a road scheduled from point A to
point B and that it could be built in five years and here is how we are going
to do it. We're not there. Does that mean we give up our ability to
implement such a roadway in the future? That would be going against our
charge as Council Members to look after the best interests of the City. We
have the ability to accomplish two things -- preserve Tonner Canyon and
obtain an environmentally sensitive roadway. One speaker asked for the
definition of an environmentally sensitive roadway. The definition is spelled
out on Page V-8 in the General Plan. Mr. Edmiston, Wildlife Corridor and
Santa Monica's Mountains Conservancy Executive Director said that this
roadway, as described in D.B.'s General Plan, would not cause a problem
with the wildlife corridor. Because transportation and development issues
create the most stress, the City needs to deal with them sensitively. Ignoring
or cutting off one of the options for a transportation corridor does not mean
the problem goes away -- it causes more stress. Council agrees there is a
transportation problem. How do you solve the problem? My answer is that
you do not solve them by cutting off options. You solve them by keeping
options open. Then, as the City completes studies, as we see the HOV
relieves a certain amount of traffic, Chino Hills does not buildout as much as
they anticipated, and perhaps Ontario does something for its traffic that
doesn't relay it through Edison, then there is no need for a roadway. If these
measures don't mitigate the problem, we haven't cut ourselves off by building
a block wall and therefore become the ones paying the price for the
expansion of others. I don't think the residents of D.B. deserve that option.
I know I don't want to live in that kind of community. I want the open space
FEBRUARY 18, 1997 PAGE 12 CITY COUNCIL
and I want the traffic mitigation. With respect to how citizens know their
interests are being conveyed to Supervisor Knabe, he read Council
Standards Section III, Paragraph A. The position of Council is spelled out
by the General Plan. What is all of this discussion about? He represented
the policy of the General Plan to Supervisor Knabe. Throughout the Plan,
it talks about the City's traffic problem, the need for regional solutions and
balances those statements with protection of our sensitive ecological area,
protection of Tonner Canyon and of preserving our open spaces. No
Council Member is arguing these policies. Virtually everyone who has
spoken against a roadway has identified that issue. When he speaks of
"phantom" issue, he is referring to that issue. We have identified a road
through Tonner Canyon. That is not what any of us are advocating and yet,
that is what some are speaking against. Regarding statements that Chino
Hills creates D.B.'s traffic problems, he agreed. So, what does the City do
about it now that it is D.B.'s problem? The solution is that another roadway
is built to handle the Chino Hills traffic. Why would D.B. want to have 40,000
additional vehicles on its City streets if we can bypass them directly from
Chino Hills down to Orange County. C/Werner is accurate when he states
that this is the County's problem. One of the main reasons D.B. became a
City was because it was left in the lurch most of the time when it came to
planning issues. As Ms. Schlotterbeck stated, a roadway is not even on L.A.
County's General Plan. There is currently a private roadway through the
middle of Tonner Canyon. This is a L.A. County problem. D.B. doesn't own
the Canyon and D.B. cannot control what happens with the property -- we
can only suggest that the County may have overlooked the fact that D.B. is
being choked by cut -through traffic and if the County had done its job
properly, a roadway would exist and incidentally, if a roadway is built, D.B.
would like for the roadway to be environmentally sensitive so that we can
have critters that have the ability to transverse the roadway. For those who
advocate eliminating the possibility of a roadway, you abdicate your
responsibility. A General Plan option contained in the Master Environmental
Assessment, Page II -T-55, states that "this roadway (Soquel Canyon) would
result in negligible reductions to future traffic volumes within D.B." That is
a non -solution. It may be wonderful to build a roadway there for someone,
but besides it being blocked by Chino Hills State Park, it would not help D.B.
Carbon Canyon has been designated a scenic highway by Chino Hills and
Brea and is not likely to be widened. The only area left that is described in
the City's General Plan that can be used for a regional bypass is the Tonner
Canyon area. If the 71 fwy. expansion, the HOV lanes, the SR57/SR60
interchange mitigate the problem, then we don't need the road. He felt that
Ms. Schlotterbeck had the most informed presentation; however, there is a
very detailed public process that needs to take place and nobody can force
such a roadway without due process. If the people don't want it, regardless
of how choked the City is by traffic, a roadway won't happen. But to close
the door now because we can't determine how advanced the problem might
be 20 years hence, would not be in the best interest of D.B.
FEBRUARY 18, 1997 PAGE 13 CITY COUNCIL
C/Harmony stated that the Boy Scouts plan to move their camp (new
buildings and infrastructure) to the southeast portion of Tonner Canyon.
Two members of Council are asking for a floating easement on any part of
the Boy Scout property during the sale of the other 3500 acres which is
environmentally sensitive. That means that the Boy Scouts, who may invest
as much as $20,000,000 for their camp, would stand to lose their investment.
Nobody is willing to pay for that. The $10,000,000 is not sufficient to pay for
this additional expense. Mr. Edmiston stated that the Conservancy is
purchasing the property for $5,000 per acre. The Boy Scouts have to put up
money for future risk. If the Scouts attempt to obtain a loan five years from
now, it must be collateralized. How would a bank appraise collateral
property which contains a floating easement? D.B. does not have the money
to pay for such an easement. What D.B. is saying is that it does not want
the sale to proceed -- it wants Supervisor Knabe to sit on the $10,000,000,
keep D.B.'s options open, and give the City a floating easement we aren't
going to pay for even though there will be nothing left over by the time we
get through working you over. This is a deal killer because the Boy Scouts
would not proceed because they would lose their equity. The intent of
participating on the Wildlife Conservancy Authority Board was to insure that
all of the involved cities could preserve the wildlife corridor that runs from
Whittier to the Cleveland National Forest. WCCA was created to help create
grant situations, contributions, donations, etc. To protect the cities, we said
we don't want to have eminent domain and we don't want a new taxing
authority. Now they're coming in here complaining because we don't have
control on the fact that the organization that we established has decided that
this is a worthy purchase at a reasonable price. Something is wrong. I
would suggest that Ms. Schlotterbeck is here to protect the acquisition of the
3500 acres even if she realizes that the roadway will most likely never
happen. He agreed with C/Ansari in that the Agenda had not been
designated to write it off as simply as an aggressive support of the General
Plan and of keeping our options - it's a real twist of the words. Let's set
policy and let Council vote on policy.
C/Ansari stated that she never said she was against a transportation corridor
if it is needed in the future. However, she asked why this is a "do or die"
situation that we have to have our options open? How do we know our
options will be closed if we don't step in now? This is something that may
occur in 10, 15 or 20 years. How do we know our options are closed? Is
there something here that is covering up some hidden agenda? When Joe
Edmiston was here, he discussed the fact that they were paying $5,000 per
acre for the property for the Wildlife Conservation which was an unheard of
fee for an acre of property in this area. Because of the price, she did not feel
that the Boy Scouts would make a deal to have an easement for a
transportation corridor as part of the deal. They may walk away from the
sale totally if this is going to be thrown in. Where is this easement going to
be? The bottom line is, the City's options have a price. Who's going to pay
that price? If the City is asking for its options to be preserved, spell out
FEBRUARY 18, 1997 PAGE 14 CITY COUNCIL
what they are.
C/Werner asked for clarification as to why the item was on the agenda and
what C/Ansari would like to have done with respect to this matter. This is a
community issue, a General Plan issue and a traffic and open space issue.
The issue is not whether this is a deal killer for the Boy Scouts, the issue is
whether it is a community killer for D.B. Council is not looking out for the
best interests of the Boy Scouts. Let the County make the decision of how
to spend, when to spend and who to spend $10,000,000 dollars with. That
is not D.B.'s charge. Council has an obligation to uphold the General Plan.
C/Ansari stated that the reason she asked for this item to be included in the
agenda was that the reaffirmation of the General Plan did not give a clear
signal to our Mayor to meet with Supervisor Knabe to ask for a regional
transportation corridor. If Council is going to discuss how the General Plan
will be implemented, let it be out in the open and vote on it. If Council is
going to allow the Mayor to ask for a transportation corridor or the option for
a transportation corridor, let it be on the agenda, let it be out in the open and
let Council discuss it because this is a sensitive issue. She stated that
Council had not given the Mayor direction to discuss the City's options with
the Supervisor. Council already has a whole list of mitigation measures for
traffic control and how it will be accomplished. She also expressed concern
about unclear "options" with no plan for funding.
M/HufF stated that he felt the implication was that he talked with Supervisor
Knabe without clear direction but that the General Plan is a policy document
containing very specific directions. In his opinion, it is not consistent with the
General Plan when the door is closed to options. The Plan contains wording
that Soquel Canyon is not a viable option.
MPT/Herrera disagreed with M/Ansari in that a Council Member should be
able to support and enforce the General Plan without first going to Council
for a vote. She felt it was not an accurate understanding of what the policy
document means. The Mayor is the chief representative of the City and it is
his duty and obligation to uphold the General Plan as it is the obligation of
all Council Members to enforce the General Plan. She stated that she would
not apologize to the Wildlife Corridor for trying to doing something to
improve the quality of life in D.B. She did not feel that anything deviating
from the General Plan had been discussed or negotiated. Every discussion
has tracked with policies outlined in the General Plan. As for why the City
should leave its options open now, she felt it would be grossly irresponsible.
Council has an obligation to do what they can to take advantage of
opportunities when they present themselves.
C/Harmony stated that the Grand Ave. agreement with San Bernardino
County set the date for 1994 for implementation of the assessment district.
He did not feel all Council Members were kept fully informed. Until the night
FEBRUARY 18, 1997 PAGE 15 CITY COUNCIL
the agenda item to support the General Plan with respect to a bypass
corridor requested by MPT/Herrera was discussed, Council was unaware
that she was asking for an easement. Mr. Edmiston told Council that
C/Herrera was asking for a floating easement. The Mayor indicated that he
kept Council up to date with copies of letters to Supervisor Knabe. He read
the following from a letter written by M/Huff: "Just a short note to let you
know how much I appreciate your taking out time of your busy schedule to
meet with Terry Belanger and me at the change in status of the Boy Scout
Reservation property and its impacts to Diamond Bar. As you know,
retention of the City of Diamond Bar's ability to implement a General Plan in
the Sphere of Influence area is essential both in preserving open space and
in mitigating regional traffic impacts. One cannot occur without the other.
We thank you for your willingness to assist and look forward to working with
you as we move forward to a final solution to the regional bypass corridor
issue." C/Harmony stated that the letter does not mention the floating
easement nor does it indicate that he requested the Supervisor to hold up
the funding. That information was obtained from a letter from Supervisor
Knabe's office. The information was confirmed by Mr. Edmiston during a
prior Council meeting. Supervisor Knabe also indicated in writing to Council
that the negotiations are sensitive and that they can be stalled. He
explained that what he and C/Ansari were requesting is to ensure
preservation of the SEA which will not happen unless somebody buys it.
C/Harmony moved, C/Ansari seconded, to direct the Mayor to ask
Supervisor Knabe to release the funds for the Tonner Canyon 3500 acre
acquisition and put together a regional traffic needs assessment.
C/Werner asked how Council could release funds that do not belong to
them.
In response to C/Wemer, M/Huff reported that he did not ask that funds not
be released. He further indicated that, for clarification, he did not ask
Supervisor Knabe to hold up funds.
C/Werner stated that the voters approved Prop A and D.B. has no say in the
disbursement of these funds. There is no mention in the motion that
respects the needs of D.B. with regard to a regional bypass corridor. When
the General Plan policy to establish an open space program and to preserve
Tonner Canyon was incorporated, he wondered where the funds would come
from. Prop A changed all that and a major open space purchase can be
accomplished. Even at the time of Wildlife Corridor Conservation Committee
Charter, it was anticipated that no such funding would be available. Many
people thought at the time that if someone could provide the funding, let
them buy the property. Providing for an easement option in L.A. County is
not so far fetched when you consider that in order for the land transaction
between the Boy Scouts and WCCA to proceed, a parcel map must be
created and adopted to split the parcels that are being transferred. If this is
FEBRUARY 18, 1997
PAGE 16 CITY COUNCIL
an option that the City can preserve by means of its General Plan policy and
put the impetus on the County to place that kind of a condition on the
transaction, who is the City to say no. He felt that if the City said no and did
not include such an option in the motion, then Council would be closing their
eyes and the door. He would be willing to support the basic concept of the
motion, but would like to see an amendment.
C/Harmony stated this is not a will have development great deal of up front i estment
negotiation. The Boy Scoutsfor the easement. It's not
money. The City does not have the money to pay
like cutting a road and keeping an option open on a tract that
is being
developed. Mr. Edmiston indicated that these are very sensitive
negotiations and adding this requirement could kill the deal. If a bypass
corridor (Chino Hills Expressway) is so important and the needs assessment
determines a bypass corridor is needed, it will be a logical and scientific
conclusion, which is what the motion is asking for and not the interference
that will kill a deal and leave it open to developers.
In response to C/Ansari, CM/Belanger responded that the City has had no
communication with Supervisor Knabe regarding his meeting with the Boy
Scouts.
Following discussion, the City Clerk restated the motion: "To direct the
Mayor to tell Supervisor Knabe to release the funds for acquisition of Tonner
Canyon andrequest that he put together a regional traffic needs
assessment., Motion 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 explained that he voted no because D.B. does not control the
funds and it makes no sense for the City to assume the position of telling the
Supervisor to release funds.
In response to C/Werner, CM/Belanger stated that the General Plan is the
policy of D.B. As such, staff has a responsibility to implement the goals,
objectives and strategies that are embodied in the General Plan. With
regard to this particular matter, the issue of the regional bypass corridor
became ripe because there is a proposed change in status of the property -
a proposed change in ownership and possible land use status. Any citizen
may express his or her views to the Supervisor. D.B. has not entered into
any negotiations related to this issue. If there were to be any kind of tacit
agreement on the part of either party involved in the negotiation to consider
some kind of future option with the City, that matter would have to be brought
before Council with specific directions to the City's potential negotiator. D.B.
is not there yet. With respect to the area in question, two issues exist: The
FEBRUARY 18, 1997
PAGE 17 CITY COUNCIL
preservation of open space within the SEA and an attempt to create options
relating to the regional bypasstfisfy both General Plan goals and
taff s intent, as well as the intent
of other Council Members, has been to satisfy
objectives.
C/Werner moved, MPT/Herrera seconded, to approve staffs recommend-
ation that the City Council support the continuation of Council and staff
efforts to pursue the impaeP ntaei on at d to the of the c eation of a regional bypass
goals, objectives and
strategies of the Generl
corridor which would route traffic around D.B.
C/Harmony asked C/Wemer if his motion means that the Mayor and staff will
continue their policy of asking Supervisor Knabe for a floating easement as
part of the Boy Scout property purchase negotiations.
CM/Belanger reiterated that the City of D.B. did not request that the monies
be withheld by the Supervisor. That was the Supervisor's decision.
Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Werner, MPT/Herrera, M/Huff
NOES: COUNCIL MEMBERS - Ansari, Harmony
ABSENT: COUNCIL MEMBERS - None
C/Harmony stated that he voted no because the motion was not clear.
C/Ansari stated that she voted no because she did not believe that it is the
major implementation. The other traffic mitigation is just as important and
her concerns were options which were not spelled out.
C/Werner stated that, for the record, the motion as clarified prior to the
motion, incorporates the preservation of open space and an amendment to
the motion was never offered by any other Council Member.
M/Huff reiterated that the motion would have to be consistent with the
General Plan.
9. NEW BUSINESS:
None
10. COUNCIL SUB -COMMITTEE REPORTS: C/Ansari stated that she is planning
a fall, 1997 San Gabriel Conservancies Consortium seminar. She invited Council
Members and the City Manager to attend a legislative summit on Friday, April 11,
1997 at the USC Davidson Center.
sion
Canyon u stated that some of be attributed t/o the fact that she did not regarding
d the early
Canyon purchase y
meetings.
FEBRUARY 18, 1997 PAGE 18 CITY COUNCIL
M/Huff announced that COG received its final report on February 6, 1997. The
impact to the San Gabriel Valley is significant. Traffic delays will double and
volumes will triple in the next 20 years. The cost to grade separate the key
interchanges will be approximately $950,000,000. Therefore, it is incumbent upon
the San Gabriel Valley to lobby various sources of funding. He invited Council
Members to attend the February 20, 1997 report presentation. He also reported
that three Council Members, the City Manager and about 40 others traveled to
Sanhsia, Taiwan, for the Sister City festivities.
MPT/Herrera stated that she will meet with members of the public to present a brief
overview of the Sanhsia trip on Wednesday, March 5, 1997 at 10:00 a.m. in the
conference room at City Hall.
11. COUNCIL COMMENTS: All Council Members expressed their
condolences to the family of Oscar Law.
12. ANNOUNCEMENTS: None
13. ADJOURNMENT: There being no further business to
conduct, M/Huff adjourned the meeting in memory of Oscar Law at 11:00 p.m.
ATTEST:
Mayor
LYNDA BURGESS, City Clerk
CITY OF DIAMOND BAR
INTEROFFICE MEMORANDUM
TO: Mayor Pro Tem Herrera and Councilmember Ansari
FROM: Linda G. Magnuson, Accounting Manager
SUBJECT: Voucher Register, March 4, 1997
DATE: February 27, 1997
Attached is the Voucher Register dated March 4, 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 March 4, 1997 have been
reviewed, approved, and recommended for payment. Payments are
hereby allowed from the following funds in these amounts:
FUND NO. FUND DESCRIPTION
AMOUNT
001
General Fund
$622,411.50
010
Library Services Fund
53.88
112
Prop A Fund -Transit
—37,31r-.86
118
Air Quality ImprovementFd
203.64
125
CDBG Fund
5,924.81
126
COPS Fund
2,644.28
138
LLAD #38 Fund
3,449.38
141
LLAD #41 Fund
3,216.37
250
C.I.P. Fd
35,875.97
TOTAL ALL FUNDS
$711,091.69
APPROVED BY:
Linda G. Ma son
Accounting Manager
Terrence L. Belanq
City Manager
Carol A. Herrera
Mayor Pro Tem
Eileen R. Ansari
Councilmember
RUN TIME- i1 .. :2 97 .1 j � ,.
iiuE 7 ;HRL.............Uc.:
VENDOR NAME VENDOR 0. =P DA,
ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENT `f/DUE 1y4u10E DESC4:i T1GN AMOUNT DATE :HE�r::
------------------------------------------------------------------------------------------------------------------------------------
AAPP-5C Alive AARP
*001-4. 0-4010"1 _ 70304-' 01/5449
All City Management All City
*(:,j1-4411-5531 7;';::'048 01/4,=78
Assoc, of Environmental �;EF'1
4001-4210-2340 2 70304A 01/54310
B.Chamberlain Consulting ERChamber
*0}01-40: ;0-4000 1 70304B
Belanger, Terrence L. elangerT
40(!I -4010-23.,j 2 7 02*4B
Belanger, Terrence L. BelangerT
X001-4030-2:;30 3 703048
Bill's Lock & Safe BillsLock
*001-4310-2210 1 70304D 04/4629
Born, Pennie
*001-347?
Brahma Foundation
*001-4010-2325
2267
1 70304A
BrahmaFoun
1 70304A
02/26
03/04
Senior -Driving Class
96.00
0:3/04/9-7 00iif ;:3i;.;2
TOTAL PREPAID AMOUNT ----)
'-:.GO
TOTAL DUE VENDOR --------)
0.00
0'2/2-
03/04
1921
Crssg0rdSvcs-1/19-2/1
2,618.00
TOTAL EUE VENDOR --------)
A.
2,61;_.00
—.
.2/26
03/04
CEOAWkshp-2/27-Lungu
115.00
03/04/97 OCQOC'3034='
TOTAL PREPAID AMOUNT ----)
115.00
TOTAL DUEVENDOR--------)
0.00
-2/26
03!04
-503197
Cab leRmvl-TempOff-WtrDmge
45.00
TOTAL DUE `VENDOR --------)
4`5.00
02/226
03/04
COCA Mtg-1/14-15
16.10
TOTAL DUE VENDOR --------)
16.10
02/26
03/04
Reimb-League COnf 2/5-7
237.00
TOTAL DUE VENDOR --------)
237.00
02/26
03/04
106451
MetalStamps/Park Keys
68.79
TOTAL DUE 'VENOM --------)
68.79
02/26
03/04
20478
Recreation Refund
27.00
TOTAL DUE VENDOR --------)
27.00
02/26
03/04
Event-2/28-Ansari/Herrera
40.00
03/04/97 0000j30341
TOTAL PREPAID AMOUNT ----)
40.00
TOTAL DUE VENDOR --------)
0.00
UN TIME: 1 i:10 C12, /97 u _ - ;,
YALE
4.
VENDOR NAME VENDOR ID. * # PREPAID #
ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRYi=UE INIVO10E _!E'3CR1F? DN 001JINT DATE IDH E,'--
------------------------------------------------------------------------------------------------------------------------------------
PranUman As=_:x ., Michael Nrandman
,., ,_
*+:C}i-2.,,!., 1011 1 7:3)0
-0,01-2-100-11,11 2 70304B
*1)01-2300-1010 1 703048
Brea, City of BreaCity
*001-4350-cL300 2 70304B 01/47018
'-LA alumni Association CSLAAlumni
*001-4010-2325 2 70304E
California Contract COCA
*001-4010-2330 10 70304E
*001-4030-2330 4 70:304F
Carol Dennis C.arolDenni
*001-4210-4000 4 703040 02/4671
*001-4040-4C@0 2 703(i4C 01/4671
*001-4210-4000 2 703,04C 02/4671
Charles Abbott & Asc Inc CharlesAab
*001-2300-1012 7 70304F
*001-4510-4520 2 70304F 01/4541A
r,�2/2,6 C:a/04 Prof Svcs-FER 91.-1 249.23
02/26 0'/C4 O1'=17117 F'rof Svcs -EER -0.13 924.41
2 %26 0:3x04 019121:69 Prof Svcs -FPL -94-0215 4,246.3:=
TOTAL DUE VENDOR --------) -,419.Q7
0::/26 03/04
5811,5
Jan -Contract Services
31,749.5:'
TOTAL DUE 'VENDOR -----+)
31,7#x.58
02/26
03/04
AwardCeremany-:3/25-Ansari
45.90
T3TAL DUE VENDOR -------->
45.00
02/26
03/04
Semnr-5/15-18-CCncl
1,850.00
02/26
031/04
Semnr-5/15-18-Cmgr
350.00
TOTAL DUE VENDOR --------}
.2 2U0.00
02/26
03/`134
ADR9702
Mnts-ADR Mtgs-1/28-2/11
90.00
02/26
03/04
i!BCC9 02
Ants-0CnclSvcs-1/21-2/4
420.00
02/26
03/04
PC97022
hints -Ping Mtg 1/28,2/11
180.00
TOTAL DUE VENDOR --------)
690.00
02/26
03/04
58
Engr Svcs -EN 95-140
1,735.00
02/26
03/04
53
City Engr Svcs -Dec
7,255.'00
TOTAL DUE VENDOR --------}
9,040.00
Charles Abbott & Asc Inc CharlesAbb
4601-2300-1012 8 70304E 02/26 03/04 57
#001-.:00-1012 9 70304E 02/26 03/04 57
*001-4510-4520 4 70304F 01/4541A 02/26 03/04 57
Prof Svcs -EN 96-140 1,020.00
Prof Svcs -EN 94-065 .516.25
City Engr Svcs-Noy96 7,585.00
T'`TAL DUE VENDOR --------> 9,221.25
Charles Abbott & Asc Inc CharlesAbb
*001-Z3W-1012 10 70304F 0:2/26 03/04 50 City Engr Svcs -EN 93-043 290.00
*001-4510-4520 6 10304F 01/4541A 02/26 03/04 50 City Engr Svcs-JUly 9,280.00
TOTAL DUE VENDOR --------} 9,570.(Y)
VENDO NAME VENEOR iD.
ACCOUNT ='ROJ.TX-NO BATCH PO.LINE/NO. EATRY _�UE y _- E t i'1; I�CLt.T WE
------------------------------------------------------------------------------------------------------------------------------------
'v,�ar'.as Abbott °: Aso .nc ..!arlesAbb
Charles Abbott 'r Asc Inc Charle=Abb
*001-4510-5502 4 703048 01/5360
Charlies Sandwich Shop Charlies
}001-4210-2325 1 703048 05/4590
Cintas Corp. #640
*001-4310-2130
*001-4310-2130
Coffee Smith
*001-4090-2325
*001-4090-2120
Cintas
2 703048 01/4630
4 10304E 01/4630
CoffeeSmit
2 703048 01/4555
'03049 02/4555
Ccernunity Disposal Co. CoQ,Disposl
*001-4510-5501 2 70304E 01/4958
Community Industries CommIndust
*001-4558-5521 2 703048 02/4620
Compcare Medical Group Compcare
*001-4090-2345 2 703046 01/5470
Computer Applied Systems CAS
*001-4050-4030 2 70304B 01/4520
TOTAL DUE VENDOR --------)
9,572.10
02/26
03/04
049208
RoadMaint-R&RBregantDr.
3,177.50
TOTAL DUE VENDOR --------)
3,277.50
02/26
03/04
9849
WNW
Dv1pmntCdemtg-1/27
27.97
TOTAL DtJE VENDOR --------)
27.97
02/26
03/04
6405338171
UnifrmsPrkStaff-2/10
17.28
02/26
0:3/04
640540424
Unifrms-PrkStaff-w/of2/17
17.28
TOTAL DUE VENDOR --------)
34.56
02/26
03/04
4104
Coffee Svcs -Feb
37.90
02/26
03/04
4694
Equip Rent -Feb
19. 00
TOTAL DUE VENDOR --------)
56.90
02/26
03/04
StreetSweepSvcs-Nov/Dec
9,196.92
TOTAL DUE VENDOR --------)
9,196.92
02/26
03/04
LitterAbateSvcs-Jan Svcs
8839.44
TOTAL DUE VENDOR --------)
039.44
02/26
03/04
1011727
PreEmplymtPhsycl-Cole
95.00
T:JTAL DUE VENDOR --------)
95.00
02/26
03/04
970211
Fin -Computer Maint-March
832.00
TOTAL DUE VENDOR --------)
832.00
Diamond Bar/Walnut YMCA D8UIYNCA
+125'4215-2355 6 70304P 01/4604 02/26 03/04 CDB0'Prgrm-OayCamp-Dec 1.472.72
TOTAL DUE VENDOR ----> 1,47-2.72
Diehl Evans and Co. DiehlEvans
+0ol-40�-2320 I 710304 02/26 03/04 102 Goyt'TaxManual 35.00
'UN TT iIE :1;1OO2/27��
4
TH6U.............33/��/97
v[NUUK NAME
VBNDOR 1D.
ACCOUNT�0.�'� BATCHPO.Ll��.
_____________________________________________________________________
�TRY��
{��I�
�����[�
��� �� CHE�K
Copeland, David
CopelandD
*001'2300-1002 1
703048
02/26
03/04
RefndfaciltyGsrtyOepst
\OO.OV
TOTAL DUE VENDOR --------
1130.00
D&J Engineering
D&JEogine
*001-4220-5201 2
70304C 01/4726
02/26
00/04
97dbO2
8ldg&Sfty3vcs'1/21-2/18
12,518.53
*0*1-2300-010 2
70304C
02/26
03/04
97ping002
PlanChkSvcs'FPL96-058
00. 00
*001'23OO'1V10 3
70384C
02/26
C8/O4
97pingO02
PlanChkSvcs'FPL97-01
90.00
*001-2300-1010 4
70304C
V2/26
03/04
97ping002
PLanCh�.SvcsfPL97-06
90.00
*001-230-1010 5
70304C
02/26
03/04
97ping'3N2
PlanChkSvcs'FPL97-03 -a-
90.00
m001-2300-1010 o
70304C
02/26
03/04
97ping0O2
PlanChkSvcs-FPL97-07
45.VV
TOTAL DUE VENDOR --'--->
12,923.53
D&J Engineering
D&JEoginp
»250'4310'6415 06596 2
70304C 01/4286
02/26
03/04
001
PanteraPrk'ClPSvcs
261.25
*250-4310-6415 06597 4
7O304C 01/4900
02/26
03/04
001
PlnChec^Svrs-Pantera
705.00
TOTAL DUE VENDOR -'---->
1,056.25
Diamond Bar Friends of
D.SFLibrary
*001-4000'2325 3
70304C
02/26
03/04
Even4--CCncl,Cmgr-4/13
80.00
TODUE � VEN0DR '->
80.00
Diamond Bar Redevelopment D8arROA
*001'1315 1
70304F
02/26
03/04
Advance'3/4Expenditures
6'385^39
TOTAL DUE VENDOR ------->
6'385.3Y
Diamond Bar/Walnut YMCA
OBWalYMCA
*125-4215-2355 2
70304F 01/4603
02/26
03/04
CDBOPrg'Ch}dcare-Jan
2,888.75
*125-4215-1-.)55 4
70304F 01/4603
02/246
0-4/04
CDBGPrq-.'hldcare-Dec
1,388.70
Diamond Bar/Walnut YMCA D8UIYNCA
+125'4215-2355 6 70304P 01/4604 02/26 03/04 CDB0'Prgrm-OayCamp-Dec 1.472.72
TOTAL DUE VENDOR ----> 1,47-2.72
Diehl Evans and Co. DiehlEvans
+0ol-40�-2320 I 710304 02/26 03/04 102 Goyt'TaxManual 35.00
N . i'"E: 11: i , t ;7 i'�7 H
J
E T;HRU..............
vENDOR `,AME 'VENDOR 1D.
ACCOUNT PROJ.TX-NO HATCH PO.LINE/NO. ENTRY/DUE INV ICE CESCRTPT ON AMOUNT DATE CmECk
------------------------------------------------------------------------------------------------------------------------------------
Discount School Supply DiscSchool
*001-4350-1200 2 70304C 01/55322
Diversified Paratransit DiversPara
*112-4553-5529 2 70304C 01/4.576
EasiFile EasiFile
*001-4510-1200 2 70304C 01/5373,
Emergency Equipment EmEquipSys
*126-4411-6200 2 703040 01%5476
F&A Federal Credit Union F&ACreditU
*001-2110-1012 1 70304A
Federal Reserve Bank FedReserve
4001-2110-1009 1 70304C
Franchise Tax Board FranchiseT
*001-2110-1009 2 70304C
GFGA OFOA
4001-4050-2340 4 703M 01/5308
*001-4050-2240 2 703040 01/5307
GTE California GTE
*001-4090-2125 1 70304C
_
)3;04
Ili)+?14Irz-,:}0,0
!iny:ots;,upplies
::66.Jti
TOTAL DUE `VENDOR -------- }
266.83
0-2/26
03/04
DialACabSvcs-12/26-2/15
36,427.65
TOTAL DUE VENDOR --------)
36,427.65
02/26
03/04
511'27
EasiFileHangers
163.57
TOTAL DUE VENDOR --------)
168.57
02%26
03/04
1336
RedLights-SherfsMetrcycls
177.00
T7AL OLE VENDOR --------)
177.00
02/26
03/04
PP04-Cr Union Deductions
3,164.75 03/041`77
TOTAL PREPAID AMOUNT ----7
=,164.,'•5
TOTAL DUE VENDOR --------)
0.010
02/26
03/04
PG'31/4-SavgsBondDeductions
100.00
TOTAL DUE VENDOR --------'7
100.00
02/26
03/04
PF13/4WthhIdOrdr32l4080690
50.00
TOTAL GUE VENDOR --------)
50.00
02/26
03/04
Accounting Publications
55.95
02/26
03/04
0160871
Accounting Govt Publctns
117.95
TOTAL DUE VENDOR --------)
173.90
02/26
03/04
Phone Svcs -Gen "Govt
1,819.12
TOTAL DUE VENDOR --------)
1,819.12
+^'
�NTlRIE: 1:ICI V2/7/97�AGE
6
TH��.............03���?
YEmOGR NAME
VENDOR ID.
ACCOUNT�0.�'� BATCHPO.Ll�/�.
____________________________________________________________________
��Y0�
!NV'-'!CE��lPTIDN
AMOUNT DA
GTE California
GTE
H)\0-4 35 5 - 2125
1 0304C
0",/26
03,/),4
Phone Svcs-LibryPrcjct
53. 6,6.
TOTAL DUE V[WDUK ---->
53.88
GTE California
GTE
*118'4098-2125
1 7,0304C
02/26
o3/04
Phone Svcs'CityOnLine
208.64
TOTAL DU[ VENDOR ------'->
203.64
GTE California
337[
AM
—
*001-4331-2125
1 70304C
02/26
03/04
Phone Svcs'SycCyoPrk
56.22
TOTAL DUE VENDOR -'-'-''->
56.22
GTE California
GTE
001'4314-2125
1 702*4C
02/26
03/04
Phone Svcs-HrtgPrkCommCtr
27.02
TOTAL DUE VENDOR '-'''''->
27.08
OT California
GTE
*001'4313-2125
1 70304C
02/26
03/04
Phone Svcs-Hrtge Prk
56.22
TOTAL DUE VENDOR ---'--'->
56.22
GTE California
GTE
*001'4814-2125
2 70304C
02/26
03/04
Phone Svcs-HrtgePrkComCtr
32.11
TOTAL DUE VENDOR ---'--'>
32.11
GTE California
GTE
»001'4331-2125
2 70304C
02/26
03/04
Phone Svcs-Syc Cyn Prk
5Y,26
TOTAL DUE VENDOR -'-''''->
59.26
Gitmed, Joann
GitmedJ
*001'4050-23330
1 70304E
02/26
03/04
Re4mb'CSMFO-2/23-25
117.52
TOTAL U VENDOR -------- )
11/.52
Home Depot
HomeDepot
*001'433'1-2210
\ 70304D 06/4635
02/26
03/04 3262372
Paint Suppls'SycCyoFnce
12.96
TOTAL DUE VENDOR ---'-->
12,96
Huff, Robert
MfB
*001'4090-2125
2 70304E
02/26
03/04
Reimb'Ce\l Phone Svcs
20.67
TOTAL DUE VENDOR ---->
20.67
ICTAL DUE VENDOR --------) 2,175.00
Inland Valley Dly Bulietn I`)DB
*125-4215-2115 2 70304D 01/5471 02/26 03104 3720411 Ad-CDBu Pub Hrg-1/11 73.12
*001-2300-1010 7 ,0304D 02/26 03/04 377958 Legal Ad -FPL 47-01 78.75
TOTAL DUE VENDOR --------) 151.37
internal Revenue Service InternalRe
*000 -2020 1 70304E 02/26 03/04 VenoorLien-SvcsRendered 2,627.50
TOTAL DUE VENDOR --------) ::,627.50
International Society of 1ntSocArbr
*061-4310-2340 2 70304D 01/5385 02/26 03/04 Arbori5t-Study Guide 145.00
TOTAL DUE VENDOR --------) 145.00
J.E.G. Construction JEGConstru
*250-4510-6411 10097 2 70.K40 01/4711 02%26 03/04 SnstCrsgRdRehab-Retention 281573.32
TOTAL DUE VENDOR --------! 28,573.82
Judicial Data Systems JudDataSys
*001-4411-5405 1 70304D 02/26 01/04 Jan-Prkg Cites 211.64
*001-4411-5405 70,+041) 02/26 03/04 Jan -Review Processing 16.00
TOTAL DUE VENDOR --------) 227.64
.�; :i; rr-
^,'JN TM
_"J7
� '-� _
_. . _
a _ T =
-.�E
:'ENIOR NAME
VENDOR ID.
PR,E-HiD #
ACCCJNT ?RCJ.TX-NC
------------------------------------------------------------------------------------------------------------------------------------
BATCH ?O.LI'#E'NC.
EN' ;'tIIUE
'NQ ICE
GE4_E':FT:d
AMGUN? DA?E CHC::
Hydroscape
Hydroscope
*0f-1-4558-5509
;0._r;40 01,15362)
-x/26
!;., ; 4
0927442-00, 0,
LodgeF'alesPri;wyTrees
291.14
TOTAL DUE 'VENDOR --------)
291.14
:;;MA Retirement Trust -457 1CMA
-1001-211.0-1007
1 703104D
02/26
0:3104
Mar -Payroll Deductions
170.00
X001-4030-0030
1 703 4D
02/26
03/04
Mar -Contract Contrib-Cmgr
400.00
*(1,01-4090-0090
1 70304D
02/26
03/04
Mar-5enefitContrib-AllDpt
8,104.95
TOTAL DUE VENDOR )
4,37+1.95
iCMA Retirement -401
iCMA401
*001-2110-1007
2 70304D
02/26
03/04
PP'3j4- Con trib-Cmgr
1,123.06
TOTAL DUE VENDOR --------)
1,123.06
Inland Empire Stage
InEmpStage
X001-4350-5310
21 70304D 01/5413
02/26
03,104
020997
LaughlnExcurs-2/9-10
'00.00
*001-4350-5310
4 70304D 03/5418
02%26
03/04
+020997
Trnsp-Lauhgln-NonPrpA
435.00
*112-4360-5310
2 ,'03041) 02/5413
02/26
03/04
020997
Trn5p-LaughlnExcurs2/9-10
840.00
ICTAL DUE VENDOR --------) 2,175.00
Inland Valley Dly Bulietn I`)DB
*125-4215-2115 2 70304D 01/5471 02/26 03104 3720411 Ad-CDBu Pub Hrg-1/11 73.12
*001-2300-1010 7 ,0304D 02/26 03/04 377958 Legal Ad -FPL 47-01 78.75
TOTAL DUE VENDOR --------) 151.37
internal Revenue Service InternalRe
*000 -2020 1 70304E 02/26 03/04 VenoorLien-SvcsRendered 2,627.50
TOTAL DUE VENDOR --------) ::,627.50
International Society of 1ntSocArbr
*061-4310-2340 2 70304D 01/5385 02/26 03/04 Arbori5t-Study Guide 145.00
TOTAL DUE VENDOR --------) 145.00
J.E.G. Construction JEGConstru
*250-4510-6411 10097 2 70.K40 01/4711 02%26 03/04 SnstCrsgRdRehab-Retention 281573.32
TOTAL DUE VENDOR --------! 28,573.82
Judicial Data Systems JudDataSys
*001-4411-5405 1 70304D 02/26 01/04 Jan-Prkg Cites 211.64
*001-4411-5405 70,+041) 02/26 03/04 Jan -Review Processing 16.00
TOTAL DUE VENDOR --------) 227.64
4 -Ity
= r J I 3
,T r, _ Bar rt
VENI'OR NAME
VENDOR !D."RE:^.`
ACCOUNT PROJ.TX-NQ
BATCH PO.LiNE NO.
ENTRY /DUE:NVL'
CE
DESCRIPTION
AMOUNT DATE _..��..
-----------------------------------------------------------------------------------------------------------------------
Judicial Data Systems
JudDataSys
40101-4411-5405
3 703045
02,/26 0'/04
Dec-Prk:g Cites
16-2.50
#001-4411-5405
4 70304D
02/2'6 011:/04
Dec -Review Processg
:38.00
TOTAL DUE VENDOR --------)
200.-0
'(wak., Harry
KwokH
W01-2300-101:
1 70304D
02/26
03/04
Refnd-De osit-EN 96-163
p
775.1)n
TOTAL DUE VENDOR -------->
775.00
L.A. County -Sheriff's
Dep LACSheriff
Aw
#001-4411-5404
1 70,304D
02/26
0:3/04
82?37
DecTrfcCntrlSvcs-CalvChpl
6,126.67
T-TAL DUE 'VENDOR --------)
6,126.67
L.A. County -Sheriffs
Dep LACSheriff
#001-4411-5401
1'0304D
022/26
03/04
3 937
Jan -Contract Svcs
299,473.99
TOTAL DUE VENDOR --------)
299,473.99
L.A.County Public Works
LA+CPunwk
#001-4510-5507
2 70:3043 01/4573
02/26
03/04
184
Traffic Signl Maint-Oct
5,813.51
#-01-4510-5507
4 70304D 01/4573
02;26
03./04
362
Traffic Signl Maint-Jan
3,_8:3.07
TOTAL DUE VENDOR --------)
9,096.58
Landscape West
LandscapeW
+141-4541-5500
2 70304D 01/4614
02/26
03/04
2,0250
Maint Dist #41 -Jan
2,950.00
#001-4.558-5508
2 70'043 171/4619
02/26
0.311,)4
20251
WeedAbateSvcs-Jan
4,645.84
#141-4541-22102
70304D 01/4615
02%26
03/04
20448
Maint-Grounds & Bldg -Jan
266.37
TOTAL DUE VENDOR --------)
7,862.21
_eighton and Associates Leighton
)01-t 0•)-1012
2 70304D
02/26
03/04
9456,2
Soils Review -EN 95-78
560.30
Ofll-2:00-1012
3 70304D
02/26
03/04
94838
Soils Review -EN 95-78
190. CK)
t)01-2301)-1012
4 70304D
02/26
03/04
94838
c , -0 _
��aiis Review -EN b5 0-
117.50
TOTAL DUE VENDOR --------)
867.8*
Leighton and Associates Leighton
*001-23171)-1012
5 70304D
02/26
03/04
94561
Soils Review -EN 94-60
201.15
#001-2300-1012
6 70304D
02/26
0v/04
94561
Soils Review -EN 94-60
1,144.40
TOTAL DUE VENDOR --------1
1,345.55
RUN TIME: i i:10 _''`. ' 0 , f, fd L r F e _ v " c i. ''F
'w '� I H.
—E •::............. ..: .n
VENDOR NAME VENDOR ID. # P'REP'AID
ACCOUNT PRCJ.TX-ND PATCH PO.LINE/WO. ."+TRY/ UE i^d:-OiC� I!E CKIF'TION AMC INT r1ATE
------------------------------------------------------------------------------------------------------------------------------------
Lewis Engraving Inc. LewisEngra
*001-4095-2113 C 7i304D O1i5230
Loera, Marisela
*001-2300-1002
Loren's
*001-4314-2210
LoeraM
2 70304D
Larens
2 703`04D 01/5338
022,26 03/04 24041
0'2/26 03/043._,5:_",',4
02,126 03/04 50600
Los Angeles County LACIntSvc
*001-4090-21.0 4 70304' 01/4658 02126 03/04 414
M & M Printing M&MPrint
*001-4090-2110 2 70304E 01/5409A 02/26 03/04 3773
M&H Property Management M&HPropert
*001-4090-2140
2 70304E 01/5060A
02/26
03/04
*001-4090-2140
4 70304E 01/5060A
02/26
03/04
*001-4090-2140
6 70304E 01/5060A
02/26
03/04
MCRR
MORR
TOTAL DUE VENDOR -------->
161.71
*001-4010-2325
3 70304E
02/26
03/04
Magnus International MagnusIntl
*001-4096-2352 2 70304E 01/5350
Magnuson, Linda Magnuson
*001-4050-2330 2 70304E
02/26 03/04 101415
02/26 03/04
EngrveSvcs-Tiles-Sanshia
17.32
T]TAL n_L'E VENDOR --------)
17.32
Secrt)rDepa11-R{nd-PrkRent1
50.00
,UTAL DUE VENDOR --------)
50.00
WndwRplcmt-TinyTotsRoom
104.7:3
T':TAL DUE VENDOR --------)
104.73
Pager :racy -Dec
161.71
TOTAL DUE VENDOR -------->
161.71
Color Letterhead
51,34
TOTAL DUE 'VENDOR -------->
50.:34
Cormrt;SvcsCtrRent-Jan
2,304.21
Electric Bill -Sept
193.82
Cor;mSvcsCtrRent-Feb
2,136.29
TOTAL DUE VENDOR -------->
4,634.3.2
RedvlpAbuse-Harmny/Ansari
130.00
TOTAL DUE VENDOR --------)
120.00
BusCards/NameTags-Chnse
497.95
TOTAL DUE VENDOR --------)
497.95
Reimb-CSMFO Conf-2/23-25
108.73
TOTAL DUE VENDOR --------)
108.73
BA- r *gin
11:10 'r'2/2'- �}_ Ey? E F
in
:UE THRU.............�''i4 Y7
VENDOR NAME VENDOR ID. $ PRErAI
ACCOUNT PROJ.TX-NO BATCH PO.LINE/N0. EN RY /DUE INVOICE DESCR1PTI0N AMOUNT DATE CHE�_K
----------------------------------------------------------------------------------------------------
Manela, Rose ManelaR
#001-4551-2340 1 70304E 02J216. 03/04
Mariposa N,orticultural Mariposa
*138-4538-5500 2 70304E 01/4617 02/26 03/04 10339
*138-4538-2210 2 70304E 01/4616 02/26 03/04 10340
Marriott Desert Springs MarriottPS
*001-4010-22130 3 70304E 02/26 03/04
Mitchell Pest Control Inc MitchellPe
*001-4558-5509 4 70304E 01/5363 02/26 03/04 25093
Moonlight Press MocnlightP
*001-4090-2110 4 70304E 01/4500A 02/26 03/04 97030
Morgan Business Machines MorganBus
4001-4090-2200 2 70304E 01/5333 02/26 03/04 3601
Mt. Baldy United Way UnitedWay
iKh)l-2110-1013 1 70304F 02/26 03/04
JCB Reprographics
*250-4310-6415 06,996 6 703M 01/5271 02/26 03/04 502718
Payroll Transfer PayrollTr
*001-1020 4 70304A 02/26 03/04
Tuition, Reimh-FaII 96
476.67
TOTAL DUE VENDOR --------)
476.62
Maint-Dist#38-Jan
3,260.80
Add'l Maint-Dist #38
183.58
TOTAL DUE VENDOR --------)
A.
3,44`,4.:38
—.
SCAG••Mtg 3/27-Ansari
327.00
TOTAL DUE VENDOR --------)
327.00
TreeSprayMaint-Aphids
2,515.00
TOTAL DUE VENDOR --------)
2,515.00
StationarySuppls-Envlpes
164.00
TOTAL DUE VENDOR --------)
164.00
Repair -Check Signg Mach
274.00
TOTAL DUE VENDOR --------)
278.00
PP:3-4 Payroll Deductions
57.00
TOTAL DUE VENDOR --------)
57.00
DesignSvcs-PanteraPrk
204.00
TOTAL DUE VENDOR --------)
204.00
PP26-Payroll Transfer
58,000.00 03/04/97 0000000026
TOTAL PREPAID AMOUNT ----)
58,000.00
TOTAL DUE VENDOR --------)
0.00
RUN 11: 10
�� r��.............��/���7
VENDOR NAME VENDOR ID.
ACCOUNT�0.�-� BATCH�.LI�/�^ ��Y�r� ��Ol� ��lPTION ��� DATE :��
____ ______________ _ _________________ __ _____________________________ _
Pa�oll Tnmsfer Payro}>Tr
Pomona judicial District PomJudOist
mN�-��3 1 70304E
Pomona Judicial District PomJudUist
*001-32,23, 70304E
Pomona Valley Humane Scc, FVHS
*001-4431-5403 70304E 01/45T4
Pruden ial Service Bureau PSB
4001-2110'1004 1 70304E
*001-2110-1,606 1 70304E
Public -Pmpl Retirement PERS
*001-2110'iftog 1 70304E
Purkiss Rose -RSI Purkiss
*250-43 0-6415 11797 10 70304E 01/4906
Pur:oa Rose -RSI Purkiss
10011-42`10-4300 2 710304E 01/5107
R t D Blueprint R&DBlue
*250-4210-6415 0,1497 11 70304F
02/,2,60/04
PP4'Pa�rolL Trans�er
53`000.01) 0:.3/04/97 000*N004
TOTAL PREPAID AMOUNT -->
53,0w.00
TOTAL DLiE VENDOR ---->
0.00
02/26 03/04
Jan-ParkingCites
495.00
TOTAL DIUE VENDOR ----->
~A~
4?"!. 00
_
02/26 03/04
Dec -Parking Cites
190.*0
0TAL DUE VENDOR ----->
190.00
02/26 03/04
42500-08
March -Animal Cntrl Svcs
4.959.17
TOTAL DUE VENDOR ''---->
4.959.17
O2/26 V3/O4
Mar -Dental Proms
1,606.73
02/26 03/04
Mar -Vision Pres
824.i2
TOTAL DUE VENDOR ---''--->
2,43O.85
V2/26 V3/V4
PP4-ReLireContrib'Emplye
3,758.41
O2/26 03/V4
PP4-RetireCuntrib-Emplyr
3,368.68
TOTAL DUE VENDOR '-'''-'->
7,127.09
02/26 00/04
8779
CIP-CU8GAdaPrs:RetrFit
1,60W.00
02/26 03/04
'138"37
ClP'CD8GADAPrkRetrFit'Jam
2,598,47
TOTAL DUE VENDOR '----'''>
4,198.47
02/26 03/04
8860
CityWideMstrPlanSvcs'Jam
15,900.00
TOTAL DUE VENDOR -------- )
15,900.00
02/26 03/04
34582
8\ueprts-PetersoLight»
43.43
TMAL DUE VENDOR --'-''-'>
43.43
**'
C�ty
o
o Dar ^^*
TIr��11�1002/27*Y
.�u��E�
�E���TER
���� 12
�� T�R�.............03��/97
VENDOR NAME
VENDOR ID.
* * PREPAlD + *
ACCOUNT PROJ.TX-N0 BATCH PO.LlNE/N0.
'---''--------------'—'----
EN-IRT/DUE
-------'—'—
lNVOlCE
-''
DESC9lPTION
'----------'------'-----------'—'
AMOUNT DAT[ CHEEK
R.H.F. Inc.
RHFInc
�01-44�1'22VV
2 703V4F 011.'01`2O2��
03��
20779
��lTrai\rUisplyBrdRe air
50.90
TOTAL DUE VENDOR ----->
50.90
Repro Graphics
ReproGraph
*001-400'2110
7 70304F
02/26
03/0-4
8163
8usCarU1mprints
27.64
*001-4090-2110
6 7O304F 01/538O
32/26
O3/O4
8181
BusCardPrePrints
5.81.35
TOTAL DUE VENDOR '--'--->
609.49
:��.,driguez` Jaime
RodriquezJ
*001'2300-1002
3 7i)304F
12/26
03/04
34026
RfndDepst'HrtgePrk
0.00
TOTAL DUE VENDOR --------
200.00
Rose, Bobby
RosoB
*0@1-4310-2330
3 70304F
02/26
V3/V4
Advnce'CPSRPCConf-3/12-16
4K.50
TOTAL DUE VENOM -''--'-'}
432.50
San Gabriel V\y
Tribune SGVTribune
*125-4215-2115
4 70304F 01/5472
02y26
03/04
115602
Ad-CDBG Pub Hrg
*01-4090-21152
70,304F 01/5474
02/26
03,104
18287
Ad'Comm�csLeader
176.48
m581-2300-1010
8 70404F
02/26
O3/04
18470
Legal Ad-FPL 97'01
114,48
TOTAL DUE VENDOR -------->
3Y2.48
Shopping Center
SooppingCe
*001'4096-2115
2 70804F 01/5173A
02/26
08/04
1444
Ad'ShpgCtrMagzne-Fpb
700.00
TOTAL DUE VENDOR --'—''>
700.00
Simmons, Toni
SimmonsT
*0101'23*0'102
4 70304F
02/26
03/04
34008
RefndSecurtyOppstPetersn
50.00
TOTAL DUE VENDOR ----->
50.00
Sir Speedy
SirSpeedy
*112'4553'5529
4 703W 01/5355
02/26
03/04
20959
Diamond Ride lU Cards
44.21
TOTAL DUE VENDOR ----->
44.21
SoCaAssn nFGovernments SCAG
m01'4010-2330
4 70304F
02/26 03/04
Gem Assembly-3/27-Ansari
90.00
TOTAL DUE VENDOR -------- )
Y0.00
C
t v
or D i a
m o rar
c.;iN 7iME 1:'10.
27/Q7
,J
aE., '=C
3rER
DUE THRU.............''3i:4i?7
VENDOR NAME
'VENDOR ID.
* + PREPAID
ACCOUNT PROJ.TX-NO BATCH PO.LINE/NC.
------------------------------------------------------------------------------------------------------------------------------------
ENTRY/DUE
INVOICE
DESCRIPTION
AMOUNT
DATE CHECK
SouthWest Airlines
SouthWest
*001-4310-2330
1 70-304A
02f26
03/04
Airfare-CPSRPC Conf-Rose
24.00
03/014/97
TOTAL PREPAID AMOUNT ----)
54.00
TOTAL DUE VENDOR --------)
0.00
SouthWest Airlines
Southwest
*001-4310-2330
2 70304A
1:2/26
0:1104
Arfre-CPSRPC Conf-P&Ron
432.J7
- 3%„4r`7 -�
TOTAL PREPAID AMOUNT ----)
432.00
TOTAL DUE VENDOR -----am)
-0.00
Southern Ca. Edison SoCaEdison
*001-4510-2126
1 70304E
02/26
03/04
Electric Svcs-TrfcCntrl
5,254.78
TOTAL DUE VENDOR --------)
5,254.78
Standard Insurance
of Ore StandardIn
*001-2110-1005
1 70304F
02/26
0:3/04
Supp! Life Ins Prems-Mar
98.40
*001-A-1 10-1005
2 70204F
'
02/26
(}
03104
G Pre
Life Ins P. ms -Mar
ms-Mar
4f4, )0
3 70304F
02/26
03/04
Feb -Retro Suppl Life -Feb
72.00
TOTAL DUE 'VENDOR -------->
634.40
Surrah, Rosalind
2268
*001-=478
2 70304A
02/26
03/04
2032-3
Recreation Refund
54.00
TOTAL DUE VENDOR -------->
54.00
Taylor, Lorraine
TaylorL
*001-4050-2330
3 70304F
02/26
03/04
Reimb-CSMF02/23-25-Prkg
15.00
*001-4050-2330
4 70304F
02/26
03;04
ReimbCSMF02123-25-Shuttle
23.00
TOTAL DUE VENDOR --------)
38.00
The Gas Company
SoCaGas
*001-4314-2126
1 70304F
02/26
03/04
Gas Svcs-HrtgPrk
212.35
TOTAL DUE VENDOR --------)
212.35
Time Out Personnel
Svc. TimeOut
*001-4040-4000
4 70304F 01/5351
02/26
03/04
1919
TempSvcs-Receptionist
230.16
*001-4040-4030
2 70304F 01/5344
02/26
03/04
1919
Temp-ScanningSvcs-CClk
283.50
TOTAL DUE VENDOR --------)
513.66
I _
T_7 i
R;JNTIME:..", '.y_
_E ,SIL ..............
I ENDC? NAME
VENDOR ID.
`'RE 'A D 9
ACCOUNT PROJ.TX-NO
------------------------------------------------------------------------------------------------------------------------------------
BATCH PO.LINE/NO.
ENTRY`
UE INVOICE
:'Ev'FIIPTIGN
AMOUNT
DATE iaECK-
Tom Van Winkle
TomVanWink
1'250-4510-6411 1 .7
00?
4 . :,� F .
'+3 1401/49042;2L
) ;
,-3i, 2
C4
C�: guns_ rssg-FinlPymt
,`',. tC
1 -++ ,.
,,a:..�+
TOTAL DUE VENDOR --------)
1,800.;0
Viper Products
ViperProd
*126-4411-6200
4 70304F 01/5475
02/26
03/04 5
RadarGunEquip-Sherffs
1,255.70
TCTAL DUE VENDOR --------)
1,255.70
Walnut Vly Water Dist
WVWaterDis
am
*001-4440-2126
1 70304E
02/26
:03/04 2443
ElctPwrComSite-10/7-11/10
62.48
TOTAL DUE VENDOR --------)
62.48
Wells Fargo Hank
WellsFargo
*001-4010-2330
1 70304A
02,26
03/04
CCCAConf-Sacrmto-1/15-CC
159.22
03,04/97 0000030344
*001-40:30-2310
1 70304A
02/26
03/04
Fuel-Cmgr
109.49
03/04/97 0000030344
*001-4030-2325
170304A
02/26
03/04
Gen Mtgs-Jan-CMgr
108.08
03/04/97 0000030344
*001-4030-2325
2 70004A
02/26
03/04
League-Conf-Montrey-CMgr
50.00
03/04/91 00000302144
*001-4030-2330
1 70304A
02/26
03/04
CCCAConf/Sac-CMgr
502.93
03/04/97 0000030344
*001-40'30-2330
2 70304A
02/26
03/04
League-Conf-Montrey-CMgr
296.71
03/04/97 0000030344
TOTAL PREPAID AMOUNT ---->
1,226.43
TOTAL SUE VENDOR -------->
0.00
Wells Fargo Bank
WellsFargo
§001-4010-2225
4 70304F
02/26
03/04
Mtgs-Huff/Comasn/Commty
27.26
*001-4010-2330
5 70304F
02/26
03/04
CCCA Conf/Sac-1/16-Huff
3.22
TOTAL DUE VENDOR --------)
30.48
Wells Fargo Bank
WellsFargo
*001-4010-Z325
5 70304F
02/26
03/04
CCCA Conf/SAG-1/16-Ansari
78.16
;001-4010-2330
6 70304F
02/26
03/04
SACTripReimbbpAnsarii/31
140.00
TOTAL DUE VENDOR --------)
218.16
Wells Fargo Bank
WellsFargo
*001-4010-2325
6 70304F
02/26
03/04
Mtgs-DepCA/CMbrs-Herrera
44.79
*001-4010-2330
7 70304F
02/26
03/04
CCCAConf/SAC-1/16-Herrera
121.77
TOTAL DUE VENDOR --------)
166.56
West Coast Arborist Inc.
WCArbor
001-4558-5509
6 70304F 01/4621
02/26
03/04 11895
Tree Maint Svcs -1/31
480.00
TOTAL DUE VENDOR --------)
480.00
4*4
UN ?IME 1::1 1 -,7 7 J _ ti c _. _ _ R =GE -
VEN-ri R NAME VENDOR ID.
ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. FIN UDUE I NVU1I ...L:?1Uv
------------------------------------------------------------------------------------------------------------------------------------
Wre':n Engineering WhelenEngn
#1 .-4411-62'00 6 710104F 41;5473 '12,6 03/.:4 745-"` 5:ren5rLigh:L;pgrdMo}rcycl
TC -AL DUE VENDOR --------+ 1 :11.``19
wr.ght, Paul wrightP
x001-4090-4000 2 70304F 01/4599 0''-6 0:/04
TOTAL DUE VENDOR --------? ':90.00
Aw
TOTAL PREPAID -----------Y i16,158.18
TOTAL DUE ---------------? 594,933.51
TOTAL REPORT ------------? 711,091.69
TOTAL------------ ------------ ------------
ALL FUNDS 711,091.69 147,987.34 766.00 562,337.35
Of _iamom.- Bar asp
Ti!!E• 11' ��� 7
/:.1
,I J u ' P- u 1 T
FUND SUMMARY R'EP'ORT
UE T ,RU ............. -1 i`4 97
DISBURSE
G/L GJE WILL POST OJE HAS POSTED
FUTURE TRANSACTIONS
FUND
------------------------------------------------------------------------------------------------------------------------------------
TOTAL
DIRECT PAY REVENUE EXPENSE REVENUE EXPENSE
REVENUE EXPENSE
001
General Fund
622,411.54
147,987.84
766.44 473,657.66
250
C.I.P. Fund
35,975.97
35,875.97
125
CDBG Fund
5,924.91
5,924.F1
112
Prop A -Transit F
37,311.86
37,311.86
126
COPS Fund
2,644.29
:,644.28
014
Library Service
53.38
53.88
119
Air Quality Imp
243.64
:'03.64
141
LLAD #41 Fund
3,'216.37
3,216.::7
138
LLAD #33 Fund
?,449.39
3,449.="'
TOTAL------------ ------------ ------------
ALL FUNDS 711,091.69 147,987.34 766.00 562,337.35
Voles r vV v1nmvnv UP%F%
AGENDA REPORT
AGENDA N0. �
TO: Terrence L. Belanger, City Manager
MEETING DATE: March 4,1997 rREPORT DATE: February 26,1997
FROM: Linda G. Maqnuso , Accounting Manager
TITLE:
Treasurer's Report - January 31, 1997
SUMMARY:
Submitted for the City Council's review and approval is the Treasurer's Statement for the month of January,
1997.
RECOMMENDATION:
Review and approve.
LIST OF ATTACHMENTS: X Staff Report
_ Resolution(s)
_ Ordinance(s)
_ Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
_ Public Hearing Notification
_ Bid Specification (on file in City Clerk's office)
_ Other:
1. Has the resolution, ordinance or agreement been reviewed
_ Yes
_ No
by the City Attorney?
2. Does the report require a majority vote?
_ Yes
_ No
3. Has environmental impact been assessed? NIA
_ Yes
_ No
4. Has the report been reviewed by a Commission? NIA
_ Yes
_ No
Which Commission?
5. Are other departments affected by the report? NIA
_ Yes
_ No
Report discussed with the following affected departments:
R IEWED BY:
DEPARTMENT HEAD:
���+UinaG.
Terrence L. BelangerV Frank M. Usher
Magn
City Manager Assistant City Manager
Accounting Manager
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: March 4,1997
TO: Honorable Mayor and Members of the City Council
FROM: City Manager
SUBJECT: Treasurer's Statement - January 31, 1997
ISSUE STATEMENT:
Per City policy, the Finance Department presents the monthly Treasurer's Statement for the City
Council's review and approval.
RECOMMENDATION:
Approve the January, 1997 Treasurer's Statement.
FINANCIAL SUMMARY:
No fiscal impact.
BACKGROUND:
Submitted for the Council's review and approval is the Treasurer's Statement for the month of
January, 1997. This statement shows the cash balances for the various funds, with a breakdown of
bank account balances, investment account balances and the effective yield earned from investments.
The City's Deferred Compensation balances which are managed by ICMA are also being reported.
The City receives ICMA statements on a quarterly basis. The balances reported are as of December
31,1996.
PREPARED BY:
Linda G. Magnuson
CITY OF DIAMOND BAR
TREASURER'S MONTHLY CASH STATEMENT
January 31, 1997
rr;Sr :,•'iv. .,. S�.. .='k., :iji{lt {%....•`i2}��:
....:.»-::.vr.. --,. .:: v.:: w:...:: •;.:::.:..n.::. r..: `fny::}.:.v�{v. ...4. : •i:: f: ';r/r..
.. .rrrt yr v w '•>,:•, :.; ••;yv;x}'' t jv: :i}r •.. },•ri::{;rifi}%f:%ii'
.,..t;.i; isi}'riiS.:f%:-iii}:.5::.::.r;.:.Y::::::': rr:: r::::ir:. �:::; tv::.::::.%Citi:'i.•.:.:i .. rr ,•: ,;:%tr
r. vvr.r ::+ v •.1ijQ• Y
-
....
DEMAND DEPOSITS:
Y
}
if
GENERAL FUND
$10,677,902.80
$1,314,579.90
$928,463.06
$11,064,019.64
LIBRARY SERVICES FUND
106,082.44
1,458.25
249.82
107,290.87
TRAFFIC SAFETY FUND
0.00
2,829.86
LOCAL AGENCY INVESTMENT FD
2,829.86
GAS TAX FUND
2,420,733.16
153,523.74
2,574,256.90
TRANSIT TX (PROP A) FD
1,622,743.89
136,958.26
59,467.78
1,700,234.37
TRANSIT TX (PROP C) FD
1,776,620.16
102,558.36
1,879,178.52
INTEGRATED WASTE MGT FD
112,546.79
11,794.49
4,151.33
120,189.95
AIR QUALITY IMPRVMNT FD
118,233.81
1,634.01
7,925.34
111,942.48
TRAILS & BIKEWAYS FD (SB 821)
25,455.87
355.83
25,811.70
PARK FEES FUND
281,549.09
92,840.33
374,389.42
S PARKS GRANT (PRP A) FD
(66,035.83)
(66,035.83)
COM DEV BLOCK GRANT FD
(40,946.23)
6,651.74
(47,597.97)
CITIZENS OPT -PUBLIC SAFETY FD
189,860.86
1,623.07
191,483.93
LANDSCAPE DIST #38 FD
201,298.93
24,971.76
5,326.34
220,944.35
LANDSCAPE DIST #39 FD
48,812.67
16,443.75
7,310.39
57,946.03
LANDSCAPE DIST #41 FD
226,968.77
14,799.25
11,162.79
230,605.23
GRAND AV CONST FUND
139,130.78
139,130.78
CAP IMPROVEMENT PRJ FD
163,971.64
1,310.34
17,097.00
148,184.98
SELF INSURANCE FUND
587,381.59
8,026.65
1,506.00
593,902.24
TOTALS
1.8,592,311.19
$1,885,707.85
$1,049,311.59
$19,428,707.45
SUMMARY OF CASH:
DEMAND DEPOSITS:
GENERAL ACCOUNT
$637,015.40
PAYROLL ACCOUNT
2,711.95
CHANGE FUND
175.00
PETTY CASH ACCOUNT
500.00
TOTAL DEMAND DEPOSITS
$640,402.35
INVESTMENTS:
TIME CERTIFICATES
$0.00
COMMERCIAL PAPER
0.00
LOCAL AGENCY INVESTMENT FD
18,788,305.10
TOTAL INVESTMENTS
18.788.305.10
TOTAL CASH $19,428,707.45
Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. All funds are available
for withdrawal within 24 hours. Investment in the Local Agency Investment Fund is allowed under the City's formally
adopted investment policy.
L.A.I.F - Effective Yield for December, 1996 5.574%
(January Unavailable)
CITY OF DIAMOND BAR
TREASURER'S MONTHLY CASH STATEMENT
January 31, 1997
INVESTMENT: DEFERRED COMPENSATION ACCOUNT (AS OF 12/31/96)
ICMA Retirement Corporation - 457 Plan:
AGGRESSIVE OPPORTUNITY FUND
7,556.78
INTERNATIONAL FUND
7,481.82
GROWTH STOCK FUND
82,091.21
BROAD MARKET FUND
27,028.53
EQUITY INCOME FUND
2,952.81
ASSET ALLOCATION FUND
25,365.66
SOCIAL RESPONSIBILITY FUND
431.62
CORE BOND FUND
6,808.47
US TREASURY FUND
3,357.63
CASH MANAGEMENT FUND
393.76
PLUS FUND
278,570.86
GUARANTEED FUND
0.00
TRADITIONAL GROWTH
9,818.28
MS CAPITAL APPRECIATION
3,046.42
MS GROWTH & INCOME
3,076.67
TOTAL OF DEPOSITS
457,980.52
Note: These investment options are at the discretion of the employees
Due to the complexity of the funds, which are solely handled by ICMA, the City is only reporting the balances available in
in the various Instruments
The reporting period reflects the most current quarter reported by ICMA to the City.
TOTAL CASH AND INVESTMENTS
$19,886,687.97
All investments are placed in accordance with the City of Diamond Bar's Investment Policy.
The above summary provides sufficient cash flow liquidity to meet the next six month's
estimated expenditures.
Terrence L. Belanger, Treas
POOLED MONEY INVESTMENT ACCOUNT
SUMMARY OF INVESTMENT DATA
A COMPARISON OF DECEMBER 1996 WITH DECEMBER 1995
(Dollars in Thousands)
DECEMBER 1996 DECEMBER 1995 CHANGE
Average Daily Portfolio
$27,592,674
$26,367,152
-S1.225.522
Accrued Earnings
$130,624
$128,362
-52.262
Effective Yield
5.574
5.748
174
Average Life --Month End (in days)
213
241
- 28
Total Security Transactions
Amount
$16,123,293
$14,557.143
- S 1.566.150
Number
379
349
- 30
Total Time Deposit Transactions
Amount
$131,900
$75,600
- S,;6.'00
Number
23
13
- 10
Average Workday Investment Activity
$774,057
$731,637
- S42.420
Prescribed Demand Account Balances
For Services
$188,668
$144,174
-S44.494
For Uncollected Funds
$154,616
$145,348
- S9.268
LOCAL AGENCY INVESTMENT FUND*
SUMMARY OF ACTIVITY
DECEMBER 1996
BEGINNING BALANCE DEPOSITS WITHDRAWALS
$9,865,234,046.18 $2,248,712,000.00 $1,165,608,370.20
*Local Agency Investment Fund Invested Through Pooled Money Investment Account
MONTH END BALANCE
$10,948,337,675.98
Estimated Market Value Including Accrued Interest $ 29,067,377,977.57
NOTE: Repurchase Agreements, Time Deposits, AB 55 & General Fund loans, and
Reverse Repurchase agreements are carried at portfolio book value (carrying cost).
Certificates of Deposit (CDs), Bank Notes (BNs), and Commercial Paper (CPs) less
than 90 days are carried at portfolio book value (carrying cost). Interest accrued
from the date of purchase on CDs and BNs under 90 days is not included.
Pooled
State of California
Money Investment Account
Market Valuation
12/31/96
Description _-=
Carving Cost Plus
Accrued Interest Purch.:
-
Estimated -
__
Market Value
Accrued Interest
United States Treasury:
Bills
$
2,019,895,422.92
$
2,081,339,670.00
NA
Strips
$
238,812,800.00
$
283,062,050.00
NA
Notes
$
5,085,418,701.63
$
5,046,114,570.00
$
63,719,577.00
Federal Agency:
Bonds
$
910,034,979.61
$
905,790,648.50
$
14,185,156.61
Floaters
$
419,954,031.02
$
420,235,150.00
$
2,609,545.00
MBS
$
160,691,469.69
$
157,925,603.74
$
949,068.36
TVA
$
12,159,860.60
$
12,175,000.00
$
338,866.78
GNMA
$
3,598,962.04
$
4,038,583.76
$
34,430.03
SBA
$
176,211,871.48
$
177,894,039.13
$
1,766,484.80
FHLMC PC
$
31,881,896.25
$
34,304,200.36
$
512,082.68
Discount Notes
$
646,341,243.08
$
655,507,600.00
NA
Bankers Acceptances
$
380,662,195.01
$
380,762,344.39
NA
Corporate:
Bonds
$
1,493,918,403.31
$
1,492,541,259.78
$
26,252,595.21
Floaters
$
504,490,229.77
$
504,807,180.00
$
7,852,409.87
CDs
$
6,698,829,499.14
$
6,726,347,696.38
$
14,724,569.45
Bank Notes
$
485,000,000.00
$
491,733,980.40
$
4,755,444.45
Repurchase Agreements $
49,562,500.00
$
49,562,500.00
NA
Time Deposits
$
371,095,000.00
$
371,095,000.00
NA
AB 55 8 GF Loans
$
1,709,877,616.00
$
1,709,877,616.00
NA
Commercial Paper
$
7,818,585,888.25
S
7,820,564,575.74
NA
Reverse Repurchase
$
393,925,000.00)
$
(393,925,000.00)
$
2,076,520.83)
TOTAL
1 $
28,823,097,569.80
S
28,931,754,268.18
$
135,623,709.40
Estimated Market Value Including Accrued Interest $ 29,067,377,977.57
NOTE: Repurchase Agreements, Time Deposits, AB 55 & General Fund loans, and
Reverse Repurchase agreements are carried at portfolio book value (carrying cost).
Certificates of Deposit (CDs), Bank Notes (BNs), and Commercial Paper (CPs) less
than 90 days are carried at portfolio book value (carrying cost). Interest accrued
from the date of purchase on CDs and BNs under 90 days is not included.
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO.
TO: Honorable Mayor and Members of the City Council
MEETING DATE: March 4, 1997 REPORT DATE: February 27, 1997
FROM: Terrence L. Belanger, City Manager
TITLE: Reduction and Exoneration of Subdivision Improvement Bonds for Tract 47851 (Diamond Bar East
Partners).
ISSUE: Consider exoneration and/or reduction in security amount (surety bond) commensurate with progress
of work for various improvements required in accordance with the subdivision agreement for Tract No. 47851.
RECOMMENDATION: It is recommended that the City Council move that:
a) Bond No. 151305S of Developers Insurance Company for Reclaimed Water be exonerated;
b) Bond No. 139424S of Developers Insurance Company for Grading Improvements be reduced to $50,000.00;
c) Bond No. 1396705 of Developers Insurance Company for Streambed Revegetation be reduced to
$50,000.00;
d) Bond No. 151303S of Developers Insurance Company for Landscape/Irrigation be reduced to $25,000.00;
e) the City Clerk notify the Principal and Surety of these actions.
LIST OF ATTACHMENTS: X Staff Report
_ Resolution(s)
Ordinances(s)
_ Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
_ Public Hearing Notification
Bid Specification (on file in City Clerk's Office)
Other:
1. Has the resolution, ordinance or agreement been reviewed
Attorney?
2. Does the report require a majority or 4/5 vote?
3. .Has environmental impact been assessed?
4. Has the report been reviewed by a Commission?
Which Commission?
5. Are other departments affected by the report?
Report discussed with the following affected departments:
REVIEWED BY:
Terrence L. B Anger
City Manager
N/A _ Yes _ No by the City
Majority
N/A _ Yes_ No
N/A _ Yes_ No
Yes x No
Frank'MPT5.Aer �2George A. Wentz
Assistant City Manager City Engineer
CITY COUNCIL REPORT
AGENDA NO. _
MEETING DATE: March 4, 1997
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L.Belanger, City Manager
SUBJECT: Reduction and Exoneration of Subdivision Improvement Bonds for
Tract No. 47851 (Diamond Bar East Partners).
ISSUE STATEMENT
Consider exoneration and/or reduction in security amount (surety bond) commensurate with
progress of work for various improvements required in accordance with the subdivision
agreement.
RECOMMENDATION
It is recommended that the City Council move that:
a) Bond No. 1513055 of Developers Insurance Company for Reclaimed Water be exonerated;
b) Bond No. 139424S of Developers Insurance Company for Grading Improvements be reduced
to $50,000.00;
c) Bond No. 139670S of Developers Insurance Company for Streambed Revegetation be
reduced to $50,000.00;
d) Bond No. 151303S of Developers Insurance Company for Landscape/Irrigation be reduced to
$25,000.00,
e) the City Clerk notify the Principal and Surety of these actions.
FINANCIAL SUMMARY
This action has no fiscal impact on the City.
BACKGROUND
In accordance with Section 66462 of the Subdivision Map Act, the City entered into agreement
with the subdivider to complete various improvements. The subdivider guaranteed faithful
performance of this agreement by posting with the City various surety bonds - bonds for Grading
Improvements, Reclaimed Water Improvements, and Streambed Revegetation, and
Landscape/Irrigation Maintenance. While the entirety of the agreement has not been satisfied, the
subdivider has satisfactorily completed substantial amounts of the work and has requested a
reduction of the amounts of certain bonds be authorized. The original Condition of Approval to
guarantee the installation of Reclaimed Water Improvements has been amended during the
January 7, 1997 City Council meeting. The subdivider has requested that this bond be
exonerated.
DISCUSSION
The following listed surety bonds are recommended for reduction:
Tract No.: 47851
Bond Number: 151303S, Irrigation and Landscaping
Original Amount: $50,000
Revised Amount: $25,000
Reason: Installation of landscape/irrigation has been complete. The reduced
amount will be sufficient to cover maintenance until the homeowner
association assumes maintenance in accordance with the CC&R's.
Tract No.: 47851
Bond Number: 1394245, Grading
Amount: $250,000
Revised Amount: $50,000
Reason: All rough grading has been complete. Substantial amounts of the
tract lots have been fine graded. The reduced amount will be
sufficient to guarantee the fine grading of the remaining lots.
Tract No.: 47851
Bond Number: 139670S, Streambed Revegetation
Amount: $100,000
Revised Amount: $50,000
Reason: The Streambed Revegetation has been complete. However, some
mitigation remains. The reduced amount will be sufficient to
guarantee any mitigation and monitoring measures remaining.
The following listed surety bonds are requested for exoneration:
Tract No.: 47851
Bond Number: 151305S, Reclaimed Water Improvements
Amount: $200,000
Reason: The Walnut Valley Water District will not supply reclaimed water
to said tract located in the "Country".
Prepared BY;
Rose E. Manela
AGENDA ITEM 6.5
NO DOCUMENTATION AVAILABLE
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO.
TO: Honorable Mayor and Members of the City Council Manager
MEETING DATE: March 4, 1997 REPORT DATE: February 26, 1997
FROM: Terrence L. Belanger, City Manager
TITLE: Diamond Bar Boulevard Reconstruction/Rehabilitation Between Grand Avenue and Palomino Drive
SUMMARY: Diamond Bar Boulevard, between Grand Avenue and Palomino Drive, is in need of pavement
rehabilitation and/or reconstruction. The existing pavement for Diamond Bar Boulevard has been analyzed
and evaluated in order to determine the most practical and economical approach for the roadway
improvements. Based on the findings of the pavement evaluation, plans and specifications for the project have
been prepared.
RECOMMENDATION: It is recommended that the City Council adopt the attached Resolution to approve the
plans and specifications of the Diamond Bar Boulevard Reconstruction/Rehabilitation Project and authorize
the City Clerk to advertise the project for bids.
LIST OF ATTACHMENTS: X Staff Report
X Resolution
_ Ordinances(s)
_ Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
Public Hearing Notification
X Bid Specifications (on file in City Clerk's Office)
Other
1. Has the resolution, ordinance or agreement been reviewed
X Yes _ No
by the City Attorney?
2. Does the report require a majority or 4/5 vote?
Majority
3. Has environmental impact been assessed?
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
Terrence L. Belanger
City Manager
C: \ W P60\LINDAKA Y \A G E N-9 7\ D Il rcha b 304
Frank M. Usher' orge A. Wentz
Assistant City Manager City Engineer
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO.
TO: Terrence L. Belanger, City Manager
MEETING DATE: March 4,1997 REPORT DATE: February 26,1997
FROM: George A. Wentz, City Engineer
TITLE: Diamond Bar Boulevard Reconstruction/Rehabilitation Between Grand Avenue and Palomino Drive
SUMMARY: Diamond Bar Boulevard, between Grand Avenue and Palomino Drive, is in need of pavement
rehabilitation and/or reconstruction. The existing pavement for Diamond Bar Boulevard has been analyzed
and evaluated in order to determine the most practical and economical approach for the roadway
improvements. Based on the findings of the pavement evaluation, plans and specifications for the project have
been prepared.
RECOMMENDATION: It is recommended that the City Council adopt the attached Resolution to approve the
plans and specifications of the Diamond Bar Boulevard Reconstruction/Rehabilitation Project and authorize
the City Clerk to advertise the project for bids.
LIST OF ATTACHMENTS: X Staff Report
X Resolution
_ Ordinances(s)
_ Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
_ Public Hearing Notification
X Bid Specifications (on file in City Clerk's Office)
_ Other
1. Has the resolution, ordinance or agreement been reviewed X Yes _ No
by the City Attorney?
2. Does the report require a majority or 4/5 vote? Majority
3. Has environmental impact been assessed? 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:
11 Lj��
Terrence L. Belanger
City Manager
C: \ W P60\LINDAKAY\AGEN-9'7\DB rehab.304
Assistant City Manager dam` City Engineer
CITY COUNCIL REPORT
AGENDA NO._
MEETING DATE: March 4, 1997
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Diamond Bar Boulevard Reconstruction/Rehabilitation Between Grand Avenue and
Palomino Drive
ISSUE STATEMENT:
Diamond Bar Boulevard, between Grand Avenue and Palomino Drive, is in need of pavement rehabilitation
and/or reconstruction. Based on the findings of the pavement evaluation, plans and specifications have been
designed and completed accordingly.
RECOMMENDATION:
It is recommended that the City Council adopt the attached Resolution to approve the plans and specifications
of the Diamond Bar Boulevard Reconstruction/Rehabilitation Project and authorize the City Clerk to advertise
the project for bids.
FINANCIAL SUMMARY:
The Diamond Bar Boulevard Reconstruction/Rehabilitation Project is estimated to cost $1,200,000, excluding
any contingencies. The total allocated project budget is $1,110,000. Said budget consists of $1,000,000
ISTEA Fund, $60,000 Prop. C Fund, and $50,000 Prop. A Fund.
BACKG RO U N DI DI SC U SSI O N :
Diamond Bar Boulevard, between Grand Avenue and Palomino Drive, is in need of pavement rehabilitation
and/or reconstruction. To determine the most practical and economical approach for restoring the street to full
function, the existing pavement on Diamond Bar Boulevard has been tested, analyzed, and evaluated. Based
on the findings of the pavement evaluation, asphalt rubber hot mix (ARHM) overlay of 2" thickness over 314"
leveling course will be utilized. Specifically, the sections are as follows:
• From Grand Avenue to approximately 150' north of Clear Creek Canyon Dr.;
• Northbound travel lanes from approximately 150' north of Clear Creek Canyon Dr. to Goldrush Dr.;
• From Goldrush Dr. to immediately north of Golden Springs Dr.; and
• Southbound travel lanes and northbound travel lanes (excluding northbound shoulder lane) from
Golden Springs Dr. to 500' north of Golden Springs Dr.
Diamond Bar Blvd.
March 4, 1997
Page Two
Additionally, the following sections of Diamond Bar Boulevard will be reconstructed with 2" ARHM/6 1/2" AC/9"
crush aggregate base:
• Southbound travel lanes from approximately 150' north of Clear Creek Canyon Dr. to Goldrush Dr.;
• Northbound shoulder lane from Golden Springs Dr. to 500' north of Golden Springs Dr.; and
• From 500' north of Golden Springs Dr. to Palomino Dr.
Plans and specifications for the project have been prepared. The work to be performed under the
specifications consists of the rehabilitation/reconstruction of the existing road pavement, striping, and
construction of concrete bus pads. The project area includes approximately 1.56 miles of Diamond Bar
Boulevard.
Key aspects of requirements placed upon the contractor includes:
• Plan and schedule to be submitted at least ten (10) calendar days before start of work.
• Traffic control plans, prepared by a licensed Traffic Engineer.
• Notification to utility owners and other public agencies.
• Completion of all work within ninety (90) calendar days.
• Liquidated damages of $500/day for non-performance.
All customary insurance and bonds have been included.
Staff has prepared a tentative schedule for the various project activities. They are as follows:
Plans and specifications to City Council for approval
and authorize City Clerk to advertise for bids
Bid Opening
Award of Contract
Notice to Proceed
Start of Construction
Completion of Construction
Prepared By:
David G. Liu
cAwp60\Iindakay\ccr-Mdbrehab 304
March 4, 1997
March 27, 1997
April 15, 1997
April 28, 1997
May 5, 1997
August 5, 1997
RESOLUTION NO. 97-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR APPROVING PLANS AND
SPECIFICATIONS FOR THE DIAMOND BAR BOULEVARD
STREET REHABILITATION PROJECT FROM GRAND
AVENUE TO PALOMINO DRIVE, IN SAID CITY AND
AUTHORIZING AND DIRECTING THE CITY CLERK TO
ADVERTISE TO RECEIVE BIDS.
WHEREAS, it is the intention of the City of Diamond Bar to
construct certain improvements in the City of Diamond Bar.
WHEREAS, the City of Diamond Bar has prepared plans and
specifications for the construction of certain improvements.
NOW, THEREFORE, BE IT RESOLVED that the plans and
specifications presented to the City of Diamond Bar be and are
hereby approved as the specifications for the Diamond Bar Boulevard
Street Rehabilitation Project from Grand Avenue to Palomino Drive.
BE IT FURTHER. RESOLVED that the City Clerk is hereby
authorized and directed to advertise as required by law for the
receipt of sealed bids or proposals for doing of the work specified
in the aforesaid plans and specifications, which said advertisement
shall be substantially in the following words and figures, to wit:
"NOTICE INVITING SEALED BIDS OR PROPOSALS"
Pursuant to a Resolution of the City Council of the City of
Diamond Bar, Los Angeles County, California, directing this notice,
NOTICE IS HEREBY GIVEN that the said City of Diamond Bar will
receive at the office of the City Clerk in the City Hall of Diamond
Bar, on or before the hour of 10 o'clock a.m. on the 27th day of
March 1997, sealed bids or proposals for the Diamond Bar
Boulevard Street Rehabilitation Project from Grand Avenue to
Palomino Drive.
Bids will be opened and publicly read immediately in the
office of the City Clerk, Suite 100, 21660 E. Copley Drive, Diamond
Bar, California 91765-4177.
Bids must be made on a form provided for the purpose,
addressed to the City of Diamond Bar, California, marked, "Bid for
the Diamond Bar Boulevard Street Rehabilitation Project from Grand
Avenue to Palomino Drive."
1
PREVAILING WAGE: Notice is hereby given that in accordance
with the provisions of California Labor Code, Division 2, Part 7,
Chapter 1, Articles 1 and 2, the Contractor is required to pay not
less than the general prevailing rate of per diem wages for work of
a similar character in the locality in which the public work is
performed, and not less than the general prevailing rate of per
diem wages for holiday and overtime work. In that regard, the
Director of the Department of Industrial Relations of the State of
California is required to and has determined such general
prevailing 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. The Contracting Agency also shall cause a copy
of such determinations to be posted at the job site.
The Contractor shall forfeit, as penalty to the City of
Diamond Bar, not more than 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 prevailing rate of wages hereinbefore
stipulated for any work done under the attached contract, by him or
by any subcontractor under him, in viclazion of the provisions of
said Labor Code.
In accordance with the provisions of Section 1777.5 of the
Labor Code as amended by Chapter 971, Statutes of 1939, and in
accordance with the regulations of the California Apprenticeship
Council, properly indentured apprentices may be employed in the
prosecution of the work.
Attention is directed to the provisions in Sections 1777.5 and
1777.6 of the Labor Code concerning the employment of apprentices
by the Contractor or any subcontractor under him.
Section 1777.5, as amended, requires the Contractor or
subcontractor employing tradesmen in any apprenticeable occupation
to apply to the joint apprenticeship committee nearest the site of
the public works project and which administers the apprenticeship
program in that trade for a certificate of approval. The
certificate will also fix the ratio of apprentices to journeymen
that will be used in the performance of the contract. The ratio of
apprentices to journeymen in such cases shall not be less than one
to five except:
A. When unemployment in the area of coverage by the joint
apprenticeship committee has exceeded an average of fifteen
percent (15°) in the ninety (90) days prior to the request for
certificate, or
2
B. When the number of apprentices in training in the area exceeds
a ratio of one to five, or
C. When the trade can show that it is replacing at least 1/30 of
its membership through apprenticeship training on an annual
basis statewide or locally, or
D. When the Contractor provides evidence that he employs
registered apprentices on all of his contracts on an annual
average of not less than one apprentice to eight journeymen.
The Contractor is required to make contributions to funds
established for the administration of apprenticeship programs if he
employs registered apprentices or journeymen in any apprenticeable
trade on such contracts and if other Contractors on the public
works site are making such contributions.
The Contractor and subcontractor under him shall comply with
the requirements of Sections 1777.5 and 1777.6 in the employment of
apprentices.
Information relative to apprenticeship standards, wage
schedules, and other requirements may be obtained from the Director
of Industrial -Relations, ex -officio the Administrator of
Apprenticeship, San Francisco, California, or from the Division of
Apprenticeship Standards and its branch offices.
Eight (8) hours of labor shall constitute a legal day's work
for all workmen employed in the execution of this Contract and the
Contractor and any subcontractor under him shall employ with and be
governed by the laws of the State of California having to do with
working hours as set forth in Division 2, Part 7, Chapter 1,
Article 3 of the Labor Code of the State of California as amended.
The Contractor shall forfeit, as a penalty to the City of
Diamond Bar, twenty-five dollars ($25.00) for each laborer,
workman, or mechanic employed in the execution of the contract, by
him or any subcontractor under him, upon any of the work
hereinbefore mentioned, for each calendar day during which said
laborer, workman, or mechanic is required or permitted to labor
more than eight (8; hours in violation of said Labor Code.
Contractor agrees to pay travel and subsistence pay to each
workman needed to execute the work required by this Contract as
such travel and subsistence payments are defined in the applicable
collective bargaining agreements filed in accordance with Labor
Code Section 1773.8.
The bidder :Aust submit with his proposal cash, cashier's
check, cert_fied check, or bidder's bond, payable to the City of
3
Diamond Bar for an amount equal to at least ten percent (100) of
the amount of said bid as a guarantee that the bidder will enter
into the proposed Contract if the same is awarded to him, and in
the event of failure to enter into such Contract said cash,
cashier's check, certified check, or bond shall become the property
of the City of Diamond Bar.
If the City of Diamond Bar awards the contract to the next
lowest bidder, the amount of the lowest bidder's security shall be
applied by the City of Diamond Bar to the difference between the
low bid and the second lowest bid, and the surplus, if any, shall
be returned to the lowest bidder.
The amount of the bond to be given to secure a faithful
performance of the contract for said work shall be one hundred
percent (100%) of the contract price thereof, and a labor and
material bond in an amount equal to one hundred percent (1000 of
the contract price for said work shall be given to secure the
payment of claims for any materials or supplies furnished for the
performance of the work contracted to be done by the Contractor, or
any work or labor of any kind done thereon, and the Contractor will
also be required to furnish a certificate that he carries
compensation insurance covering his employees upon work to be done
under contract which may be entered into between him and the said
City of Diamond Bar for the construction of said work.
No proposal will be considered from a Contractor who is not
licensed as a contractor at time of award in accordance with the
provisions of the Contractor's License Law (California Business and
Professions Code, Section 7000 et seq.) and rules and regulations
adopted pursuant thereto or to whom a proposal form has not been
issued by the City of Diamond Bar.
The work is to be done in accordance with the profiles, plans,
and specifications of the City of Diamond Bar on file in the office
of the City Clerk at the City Hall, Diamond Bar, California.
Copies of the plans and specifications will be furnished upon
application to the City of Diamond Bar and payment of $30.00, said
$30.00 is non-refundable.
Upon written request- by the bidder, copies of the plans and
specifications will be mailed when said request is accompanied by
payment stipulated above, together with an additional
nonreimbursable payment of $10.00 to cover the cost of mailing
charges and overhead.
The successful bidder will be required to enter into a
contract satisfactory to the City of Diamond Bar.
4
In accordance with the requirements of Section 903 of the
General Provisions, as set forth in the Plans and Specifications
regarding the work contracted to be done by the Contractor, the
Contractor may, upon the Contractor's request and at the
Contractor's sole cost and expense, substitute authorized
securities in lieu of monies withheld (performance retention).
The City of Diamond Bar, California, reserves the right to
reject any and all bids.
By order of the City Council of the City of Diamond Bar,
California.
Dated this day of , 1997.
PASSED, ADOPTED and APPROVED by the City Council of the City
of Diamond Bar, California, this day of , 1997.
Mayor
ATTEST:
City Clerk
I, Lynda Burgess, City Clerk of the City of Diamond Bar,
California, do hereby certify -hat the foregoing Resolution was
duly and regularly passed and adopted by the Council of the City of
Diamond Bar, California, at its regular meeting held on the
day of , 1997, by the following vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
City Clerk, City of Diamond Bar,
California
C:\WP6C\LINDAKr-,
CITY OF DIAMOND BAR
AGENDA REPORT
AGENDA NO. �Oh
TO: Honorable Mayor and Members of the City Council
MEETING DATE: March 4, 1997 REPORT DATE: February 26, 1997
FROM: Terrence L. Belanger, City Manager
TITLE: Diamond Bar Boulevard Reconstruction/Rehabilitation Between Grand Avenue and Palomino Drive
SUMMARY: Diamond Bar Boulevard, between Grand Avenue and Palomino Drive, is in need of pavement
rehabilitation and/or reconstruction. The City Council will be authorizing staff to advertise for bids for the
Diamond Bar Boulevard Reconstruction/Rehabilitation Between Grand Avenue and Palomino Drive. At this
time, the City proposes to award a construction administration contract to the most qualified consultant.
RECOMMENDATION: That the City Council authorize the Mayor to enter into a Professional Services
Agreement with Dewan, Lundin and Associates for construction administration/inspection services in an
amount not -to -exceed $33,875.00 and provide a contingency amount of $3,500 for contract amendment(s) to
be approved by the City Manager, for a total authorization amount of $37,375.00.
LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification
_ Resolution _ Bid Specifications (on file in City Clerk's Office)
_ Ordinances(s) _ Other
X Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been reviewed
X Yes — No
by the City Attorney?
2. Does the report require a majority or 4/5 vote?
Majority
3. Has environmental impact been assessed?
N/A _ Yes _ No
4. Has the report been reviewed by a Commission?
NIA _ Yes _ No
Which Commission?
5. Are other departments affected by the report?
—Yes X No
Report discussed with the following affected departments:
REVIEWED BY:
Belanger /frank M. Us
City Manager UAssistant City Manager
C:\WP60\LINDAKAY\AGEN-971dbreadmin.304
uavia V. uu
Deputy Director of Public Works
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: March 4, 1997
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Diamond Bar Boulevard Reconstruction/Rehabilitation Between Grand Avenue and
Palomino Drive
ISSUE STATEMENT:
The City desires to retain Dewan, Lundin and Associates for the construction administration/inspection services.
RECOMMENDATION:
Thatthe City Council authorize the Mayor to enter into a Professional Services Agreement with Dewan, Lundin and
Associates for construction administration/inspection services in an amount not -to -exceed $33,875.00 and provide
a contingency amount of $3,500 for contract amendment(s) to be approved by the City Manager, for a total
authorization amount of $37,375.00.
FINANCIAL SUMMARY:
The total allocated project budget is $1,110,000.
BACKGROUND/DISCUSSION:
The City Council will be authorizing staff to advertise and receive bids for the Diamond Bar Boulevard
Reconstruction/Rehabilitation between Grand Avenue and Palomino Drive. To ensure this project will be constructed
in compliance with the approved plans and specifications, staff contacted the five (5) on-call civil engineering firms
and initiated a request for proposal to procure an engineering firm for the construction administration/inspection
services. The construction administration/inspection services include: video documentation, monitoring and
adherence to construction schedule, traffic control, public education/information, inspection services, utility company
coordination, and quality control. Staff desires to retain the services of a company which will control the project. In
response to the request, a total of three (3) proposals were submitted for consideration.
Proposals from these firms were reviewed and evaluated by staff based on demonstrated track record, adequate
number of staff assigned to the job, experience of team members, ability to work with City staff, knowledge of local
conditions, involvement with related projects, ability to keep on schedule, ability to stay within budget, and
demonstrated interest by the consultant.
DIAMOND BAR BOULEVARD
REHABILITATION PROJECT
MARCH 4, 1997
PAGE 2
The following list is the three (3) firms reviewed and discussed by staff:
FIRM
Dewan, Lundin & Associates
RKA Civil Engineers, Inc
GFB-Friedrich & Associates
PROPOSED COST*
$33,875(l
$32,950 O
$42,088 U
INSPECTOR HOURLY RATE
$45/hr.
$64/hr.
$50/hr.
Based on a construction period of 90 calendar days. The project is scheduled to begin in May.
OO Based on 8 hours/day for 65 working days.
OO Assumed two site visits per day (each of 1 to 2 hour duration) during the pavement removal/replacement
phase for approximately 8 weeks and 4-6 hours/day during the pavement overlay phase for approximately
4 weeks.
OO Assumed a total of 428 hours for 64 working days.
In light of the above mentioned criteria, and DL & A's prior experience with street rehabilitation projects in Diamond
Bar, it is recommended that the City award the attached professional services contract agreement to DL & A in an
amount not -to -exceed $33,875.
The City will implement a "Diamond Bar Boulevard Reconstruction/Rehabilitation Hotline" and DL & A will provide the
message, monitor the calls and respond to any concerns, 7 days a week, with responses to be made within 24 hours.
DL & A, with Mr. David Hart and Mr. Walt Lundin as the project team, will closely monitor the ninety (90) calendar day
construction schedule for strict adherence, provide full-time inspection and quality control services, traffic control,
video documentation, utility company coordination, and plan and specifications review.
Prepared By:
David G. Liu
C:\WP601LINDAKAY\CCR-97\dbrehadm 304
CONSULTING SERVICES AGREEMENT
ON-CALL CIVIL ENGINEERING
THIS AGREEMENT is made as of March 4, 1997 by and between the City of Diamond Bar, a
municipal corporation ("City") and Dewar Lundin & Associates, ("Consultant").
RECITALS
A. City desires to utilize the services of Consultant as an independent contractor to provide
consulting services to City as set forth in Exhibit "A", the City's Request for Proposals dated January 2,
1997.
B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its
experience and the training, education and expertise of its principals and employees.
NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein
contained, the parties hereto agree as follows:
1. Consultant's Services.
A. Scope of Services. The nature and scope of the specific services to be performed by
Consultant are as described in Exhibit "B" the Consultant's Response, dated January 21, 1997, to the City's
Request for Proposals.
B. Level of Services/Time of Performance. The level of and time of the specific
services to be performed by Consultant are as set forth in Exhibit "B."
2. Term of Agreement. This Contract shall take effect March 4, 1997, and shall continue
until October 31. 1997, unless earlier terminated pursuant to the provisions herein.
3. Compensation. City agrees to compensate Consultant for each service which Consultant
performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "B." Payment will be
made only after submission of proper invoices in the form specified by City_ Total payment to Consultant
pursuant to this Agreement shall not exceed thirty-three thousand eight hundred seventy-five dollars
($33,87.5.00.
4. General Terms and Conditions. In the event of any inconsistency between the provisions
of this Agreement and Consultant's proposal, the provisions of this Agreement shall control.
5. Addresses
City: City Manager Consultant: DL & A
City of Diamond Bar Dewan, Lundin & Associates
21660 East Copley Drive Surender Dewan, P. E.
Suite 100 12377 Lewis St., 4 101
Diamond Bar, California 91765-4177 Garden Grove, CA 92640-4643
714 740-8840 FAX 714 740-8842
6. Status as Independent Consultant.
A. Consultant is, and shall at all times remain as to City, a wholly independent
contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or
otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the
conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant
shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner
agents or employees of City.
B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this
Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and
interest asserted against City by reason of the independent contractor relationship created by this Agreement.
In the event that City is audited by any Federal or State agency regarding the independent contractor status of
Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor
relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including
accounting and attorney's fees, arising out of such audit and any appeals relating thereto.
C. Consultant shall fully comply with the workers' compensation law regarding
Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from
any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to
offset against the amount of any fees due to Consultant under this Agreement any amount due to City from
Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification
arising under this Section 6.
7. Standard of Performance. Consultant shall perform all work at the standard of care and
skill ordinarily exercised by members of the profession under similar conditions.
8. Indemnification. Consultant agrees to indemnify the City, its officers, agents, volunteers,
employees, and attorneys against, and will hold and save them and each of them harmless from, 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 the
acts, errors or omissions of Consultant, its agents, employees, subcontractors, or invitees, including each
person or entity responsible for the provision of services hereunder.
In the event there is more than one person or entity named in the Agreement as a Consultant, then all
obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several.
9. insurance. Consultant shall at all times during the term of this Agreement carry, maintain,
and keep in full force and effect, with an insurance company admitted to do business in California and
approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with
minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as
a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent
contractors in performance of services under this Agreement; (2) property damage insurance with a minimum
limit of $500,000.00, (3) automotive liability insurance, with minimum combined single limits coverage of
$500,000.00; (4) professional liability insurance (errors and onnissions) to cover or partially cover damages
that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than
$1,000,000 per occurrence; and (5) worker's compensation insurance with a minim -nn limit of $500,000.00
or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers
shall be named as additional insureds on the policy(es) as to comprehensive general liability, property
damage, and automotive liability. The policy (ies) as to comprehensive general liability, property damage,
and automobile liability shall provide that they are primary, and that any insurance maintained by the City
shall be excess insurance only.
A. All insurance policies shall provide that the insurance coverage shall not be non -renewed,
canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by
the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof.
Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage.
B. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of
this Agreement; shall be issued by an insurance company xvhich is admitted to do business in the State of
California or which is approved in writing by the City, and shall be placed with a current A.M. Best's rating
of no less that A V1I.
C. Consultant shall submit to City (1) insurance certificates indicating compliance with the
minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements
indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to
beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate
standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has
agreed in writing to accept.
10. Confidentiality. Consultant in the course of its duties may have access to confidential data
of City, private individuals, or employees of the City_ Consultant covenants that all data, documents,
discussion, or other information developed or received by Consultant or provided for performance of this
Agreement are deemed confidential and shall not be disclosed by Consultant without \7,ritten authorization by
City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to
City upon the termination of this Agreement. Consultant's covenant under this section shall survive the
termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a
proprietary nature specifically for and in connection with certain projects, the City shall not, except with
Consultant's prior written consent, use the same for other unrelated projects.
11. Ownership of Materials. All materials provided by Consultant in the perfonnance of this
Agreement shall be and remain the property of City without restriction or limitation upon its use or
dissemination by City.
12. Conflict of Interest.
A. Consultant covenants that it presently has no interest and shall not acquire any
interest, director or indirect, which may be affected by the services to be performed by Consultant under this
Agreement, or which would conflict in any manner with the performance of its services hereunder.
Consultant further covenants that, in performance of this Agreement, no person having any such interest shall
be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would
conflict in any manner with the performance of its services pursuant to this Agreement.
B. Consultant covenants not to give or receive any compensation, monetary or
otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the perfonnance of
this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement.
13. Termination. Either party may terminate this Agreement with or without cause upon fifteen
(15) days' written notice to the other party. However, Consultant shall not terminate this Agreement during
the provision of services on a particular project. The effective date of termination shall be upon the date
specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day
following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services
satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of
termination, Consultant shall discontinue performing services.
14. Personnel. Consultant represents that it has, or will secure at its own expense, all persomnel
required to perform the services under this Agreement. All of the services required under this Agreement will
be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified
to perform such services. Consultant reserves the right to determine the assignment of its own employees to
the performance of Consultant's services tinder this Agreement, but City reserves the right, for good cause, to
require Consultant to exclude any employee from performing services on City's premises.
15. Non -Discrimination and Equal Employment Opportunity.
A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital
status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in
the performance of its services and duties pursuant to this Agreement, and will comply with all rules and
regulations of City relating thereto_ Such nondiscrimination shall include but not be limited to the following:
employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection for training, including apprenticeship.
B. Consultant will, in all solicitations or advertisements for employees placed by or on
behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will
receive consideration for employment without regard to race, color, creed, religion, sex, marital status,
national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.
C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for
any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or
raw materials.
16. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the
performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any
attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall
be void and of no effect.
17. Performance Evaluation. For any contract in effect for twelve months or longer, a written
annual administrative performance evaluation shall be required within ninety (90) days of the first
anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this
Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any
comments or complaints received by City during the review period, either orally or in writing, shall be
considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with
the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may
terminate this Agreement as provided herein.
18. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances,
codes and regulations of the federal, state, and local governments.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
written above
"City"
ATTEST:
By:
City Clerk
Approved as to form,
By:
City Attorney
"CONSULTANT"
Dewan. Lundin & Associates
By: --
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CITY OF DIAMOND BAR
By:
Mayor or
CITY OF DIAMOND BAR
AGENDA REPORT
AGENDA NO.
TO: Honorable Mayor and Members of the City Council
MEETING DATE: March 4, 1997 REPORT DATE: February 27, 1997
FROM: Kellee A. Fritzal, Assistant to the City Manager
TITLE: "A Resolution of the City Council of the City of Diamond Bar approving plans and
specifications for the Peterson Park ADA Retrofit in said City and authorizing the City Clerk
to advertise to receive bids."
SUMMARY: Pursuant to the City Council Goals and Objectives and the 1996-97 CDBG Program, plans
and specifications have been prepared for the Peterson Park ADA Retrofit. The City Council awarded a
agreement for design of said improvements to Purkiss Rose -RSI on September 3, 1996. The Park Retrofit
consists of walkway improvements, playground equipment, new drinking fountains, parking lot striping,
modifications to bleachers, softball dug outs, chain link fence, and retrofit of the existing bathroom/concession
stand. The modifications will create an accessible park for the physically challenged and improve the
playground drainage. The Parks and Recreation Commission reviewed the project and recommend approval
of the plans. Funding for the project is through the City's CDBG program.
RECOMMENDATION: It is recommended that the City Council approve Resolution No. 97 - _ "A
Resolution of the City Council of the City of Diamond Bar approving plans and specifications for the Peterson
Park ADA Retrofit in said City and authorizing the City Clerk to advertise to receive bids."
LIST OF ATTACHMENTS: X Staff Report
Resolution(s)
_ Ordinance(s)
_ Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
Public Hearing Notification
X Bid Specification (on file in City Clerk's
office)
Other:
1.
Has the resolution, ordinance or agreement been
N/A _ 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?
X Yes —No
Which 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 Department
REVIEWED BY:
Terrence L. Belanger Frank M. Usher ellee A. Fritzal
City Manager Assistant City Manager Assistant to the City Manager
RESOLUTION NO. 97 -
A RESOLUTION OF THE COUNCIL OF THE CITY OF DIAMOND BAR APPROVING
SPECIFICATIONS FOR THE PETERSON PARK ADA RETROFIT IN SAID CITY
AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO
RECEIVE BIDS.
"This is a Federally assisted construction contract and Federal Labor Standards, including the
Davis -Bacon requirements, will be enforced. If Federal and State wage rates are applicable,
then the higher of the two will prevail. "
WHEREAS, it is the intention of the City of Diamond Bar to construct certain
improvements in the City of Diamond Bar.
WHEREAS, the City of Diamond Bar has prepared specifications for the construction of
ADA Retrofit.
NOW, THEREFORE, BE IT RESOLVED that the plans and specifications presented
to the City of Diamond Bar be and are hereby approved as the specifications for the Construction
of Peterson Park ADA Retrofit.
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to
advertise as required by law for the receipt of sealed bids or proposals for doing the work
specified in the aforesaid specifications, which said advertisement shall be in the form and
content as approved by the City Attorney and a copy of this Resolution shall be contained in each
specification package for the work:
Pursuant to a Resolution of the City Council of the City of Diamond Bar, Los Angeles
County, California, directing this notice, NOTICE IS HEREBY GIVEN that the said City of
Diamond Bar will receive at the office of the City Clerk in the City Hall of Diamond Bar, on or
before the hour of 10:00 o'clock a.m. on the 4th day of April, 1997, sealed bids or proposals for
the Construction of Peterson Park ADA Retrofit.
Bids will be opened and publicly read immediately in the office of the City Clerk, Suite
100, 21660 E. Copley Drive, Diamond Bar, California 91765-4177.
Bids must be made on a form provided for the purpose, addressed to the City of Diamond
Bar, California, marked, "Construction of Peterson Park ADA Retrofit in Diamond Bar."
PREVAILING WAGE: Notice is hereby given that in accordance with the provisions
of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is
required to pay not less than the general prevailing rate of per diem wages for work of a similar
character in the locality in which the public work is performed, and not less than the general
prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of
the Department of Industrial Relations of the State of California is required to and has
determined such general prevailing rate of per diem wages are on file in the office of the City
Clerk of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California,
and are available to any interested party on request. The Contracting Agency also shall cause a
copy of such determinations to be posted at the job site.
The Contractor shall forfeit, as penalty to the City of Diamond Bar, not more than fifty
dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or
portion, thereof, if such laborer, workman, or mechanic is paid less than the general prevailing
rate of wages herein before stipulated for any work done under the attached contract, by him or
by any subcontractor under him, in violation of the provisions of said Labor Code.
In accordance with the provisions of Section 1777.5 of the Labor Code as amended by
Chapter 971, Statutes of 1939, and in accordance with the regulations of the California
Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of
the work.
Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code
concerning the employment of apprentices by the Contractor or any subcontractor under him.
Section 1777.5, as amended, requires the Contractor or subcontractor employing
tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee
nearest the site of the public works project and which administers the apprenticeship program in
that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to
journeymen that will be used in the performance of the contract. The ratio of apprentices to
journeymen in such cases shall not be less than one to five except:
A. When unemployment in the area of coverage by the joint apprenticeship committee has
exceeded an average of 15 percent in the 90 days prior to the request for certificate; or
B. When the number of apprentices in training in the area exceeds a ratio of one to five; or
C. When the trade can show that it is replacing at least 1/30 of its membership through
apprenticeship training on an annual basis statewide or locally; or
D. When the Contractor provides evidence that he employs registered apprentices on all of
his contracts on an annual average of not less than one apprentice to eight journeymen.
The Contractor is required to make contributions to funds established for the
administration of apprenticeship programs if he employs registered apprentices or journeymen in
any apprenticeable trade on such contracts and if other Contractors on the public works site are
making such contributions.
The Contractor and subcontractor under him shall comply with the requirements of
Sections 1777.5 and 1777.6 in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules, and other requirements
may be obtained from the Director of Industrial Relations, ex -officio the Administrator of
Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and
its branch offices.
Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in
the execution of this contract and the Contractor and any subcontractor under him shall comply
with and be governed by the laws of the State of California having to do with working hours as
set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as
amended.
The Contractor shall forfeit, as a penalty to the City of Diamond Bar, twenty-five dollars
($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by
him or any subcontractor under him, upon any of the work herein before mentioned, for each
calendar day during which said laborer, workman, or mechanic is required or permitted to labor
more than eight (8) hours in violation of said Labor Code.
Contractor agrees to pay travel and subsistence pay to each workman needed to execute
the work required by this Contract as such travel and subsistence payments are defined in the
applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8.
The bidder must submit with his proposal cash, cashier's check, certified check, or
bidder's bond, payable to the City of Diamond Bar for an amount equal to at least 10 percent
(10%) of the amount of said bid as a guarantee that the bidder will enter into the proposed
contract if the same is awarded to him, and in event of failure to enter into such contract said
cash, cashier's check, or certified check, or bond shall become the property of the City of
Diamond Bar.
If the City of Diamond Bar awards the contract to the next lowest bidder, the amount of
the lowest bidder's security shall be applied by the City of Diamond Bar to the difference
between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the
lowest bidder.
The amount of the bond to be given to secure a faithful performance of the contract for
said work shall be one hundred percent (100%) of the contract price thereof, and a labor and
material bond in an amount equal to one hundred (100%) of the contract price for said work shall
be given to secure the payment of claims for any materials or supplies furnished for the
performance of the work contracted to be done by the Contractor, or any work or labor of any
kind done thereon, and the Contractor will also be required to furnish a certificate that he carries
compensation insurance covering his employees upon work to be done under contract which may
be entered into between him and the said City of Diamond Bar for the construction of said work.
No proposal will be considered from a Contractor who is not licensed as a Class A and(or
C-8 contractor at time of award in accordance with the provisions of the Contractor's License
Law (California Business and Professions Code, Section 7000 et seq.) and rules and regulations
adopted pursuant thereto or to whom a proposal form has not been issued by the City of
Diamond Bar.
The work is to be done in accordance with the specifications of the City of Diamond Bar
on file in the office of the City Clerk at the City Hall, Diamond Bar, California. Copies of the
specifications will be furnished upon application to the City of Diamond Bar and payment of
$15.00, said $15.00 is non-refundable.
Upon written request by the bidder, copies of the specifications will be mailed when said
request is accompanied by payment stipulated above, together with an additional non -
reimbursable payment of $5.00 to cover the cost of mailing charges and overheads.
The successful bidder will be required to enter into a contract satisfactory to the City of
Diamond Bar within ten (10) working days.
In accordance with the requirements of Section 903 of the General Provisions, as set forth
in the Plans and Specifications regarding the work contracted to be done by the Contractor, the
Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense,
substitute authorized securities in lieu of monies withheld (performance retention).
The City of Diamond Bar, California, reserves the right to reject any and all bids. By
order of the City Council of the City of Diamond Bar, California. Dated this day of
, 1997.
PASSED, APPROVED AND ADOPTED by the City Council of the City this th day of
, 1997.
MAYOR
ATTEST:
CITY CLERK
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, California do hereby
certify that the foregoing Resolution was duly and regularly passed and adopted by the City
Council of the City of Diamond Bar, California, at its regular meeting held on the th day of
, 1997, by the following vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
City Clerk, City of Diamond Bar
California
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-
oIAMOND BAR, CA. 91765-417;
"
CITY OF DIAMOND OAR
AGENDA REPORT
AGENDA N0. � "
TO: Honorable Mayor and Members of the City Council
MEETING DATE: March 4, 1997 REPORT DATE: February 27, 1997
FROM: Kellee A. Fritzal, Assistant to the City Manager
TITLE: "A Resolution of the City Council of the City of Diamond Bar approving plans and
specifications for the Irrigation and Drainage Improvements at Peterson Park in said City and
authorizing the City Clerk to advertise to receive bids."
SUMMARY: On August 6, 1996 the City Council awarded a contract to Cathcart/Begin Associates for the
design of irrigation/drainage and Athletic Field Lighting at Peterson Park. Pursuant to the City Council Goals
and Objectives plans and specifications have been prepared for the Peterson Park irrigation/drainage
improvements. After investigation of the irrigation/drainage situation at Peterson Park, Cathcart/Begin has
developed a multi -approach methodology. The improvements include the installation of a area drain/french
drain, grading of three low areas, and installation of new irrigation equipment and a second water meter The
proposed improvements will rectify the current drainage problems at the Park.
RECOMMENDATION: It is recommended that the City Council approve Resolution No. 97 - _ "A
Resolution of the City Council of the City of Diamond Bar approving plans and specifications for the Irrigation
and Drainage Improvements at Peterson Park in said City and authorizing the City Clerk to advertise to
receive bids."
LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification
Resolution(s) X Bid Specification (on file in City Clerk's
office)
_ Ordinance(s) _ Other:
Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been NIA _ 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
Which Commission?
5. Are other departments affected by the report? X Yes _ No
Report discussed with the following affected departments: Community Services Department
REVIEWED BY:
Terrence L. B ger rank M. Usher Kellee A. Fritzal
City Manager Assistant City Manager Assistant to the City Manager
RESOLUTION NO. 97 -
A RESOLUTION OF THE COUNCIL OF THE CITY OF DIAMOND BAR APPROVING
SPECIFICATIONS FOR THE IRRIGATION AND DRAINAGE IMPROVEMENTS AT
PETERSON PARK IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY
CLERK TO ADVERTISE TO RECEIVE BIDS.
WHEREAS, it is the intention of the City of Diamond Bar to construct certain
improvements in the City of Diamond Bar.
WHEREAS, the City of Diamond Bar has prepared specifications for the construction of
irrigation and drainage improvements.
NOW, THEREFORE, BE IT RESOLVED that the plans and specifications presented
to the City of Diamond Bar be and are hereby approved as the specifications for the Construction
of Irrigation and Drianage Improvements at Peterson Park.
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to
advertise as required by law for the receipt of sealed bids or proposals for doing the work
specified in the aforesaid specifications, which said advertisement shall be in the form and
content as approved by the City Attorney and a copy of this Resolution shall be contained in each
specification package for the work:
1 _ ,► � _ _�__ 1 C 1_ I t C I' 1_
Pursuant to a Resolution of the City Council of the City of Diamond Bar, Los Angeles
County, California, directing this notice, NOTICE IS HEREBY GIVEN that the said City of
Diamond Bar will receive at the office of the City Clerk in the City Hall of Diamond Bar, on or
before the hour of 11:00 o'clock a.m. on the 4th day of April, 1997, sealed bids or proposals for
the Construction of Irrigation and Drainage Improvements at Peterson Park.
Bids will be opened and publicly read immediately in the office of the City Clerk, Suite
100, 21660 E. Copley Drive, Diamond Bar, California 91765-4177.
Bids must be made on a form provided for the purpose, addressed to the City of Diamond
Bar, California, marked, "Construction of Irrigation and Drainage Improvements at Peterson
Park."
PREVAILING WAGE: Notice is hereby given that in accordance with the provisions
of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is
required to pay not less than the general prevailing rate of per diem wages for work of a similar
character in the locality in which the public work is performed, and not less than the general
prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of
the Department of Industrial Relations of the State of California is required to and has
determined such general prevailing rate of per diem wages are on file in the office of the City
Clerk of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California,
and are available to any interested party on request. The Contracting Agency also shall cause a
copy of such determinations to be posted at the job site.
The Contractor shall forfeit, as penalty to the City of Diamond Bar, not more than fifty
dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or
portion, thereof, if such laborer, workman, or mechanic is paid less than the general prevailing
rate of wages herein before stipulated for any work done under the attached contract, by him or
by any subcontractor under him, in violation of the provisions of said Labor Code.
In accordance with the provisions of Section 1777.5 of the Labor Code as amended by
Chapter 971, Statutes of 1939, and in accordance with the regulations of the California
Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of
the work.
Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code
concerning the employment of apprentices by the Contractor or any subcontractor under him.
Section 1777.5, as amended, requires the Contractor or subcontractor employing
tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee
nearest the site of the public works project and which administers the apprenticeship program in
that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to
journeymen that will be used in the performance of the contract. The ratio of apprentices to
journeymen in such cases shall not be less than one to five except:
A. When unemployment in the area of coverage by the joint apprenticeship committee has
exceeded an average of 15 percent in the 90 days prior to the request for certificate; or
B. When the number of apprentices in training in the area exceeds a ratio of one to five; or
C. When the trade can show that it is replacing at least 1/30 of its membership through
apprenticeship training on an annual basis statewide or locally; or
D. When the Contractor provides evidence that he employs registered apprentices on all of
his contracts on an annual average of not less than one apprentice to eight journeymen.
The Contractor is required to make contributions to funds established for the
administration of apprenticeship programs if he employs registered apprentices or journeymen in
any apprenticeable trade on such contracts and if other Contractors on the public works site are
making such contributions.
The Contractor and subcontractor under him shall comply with the requirements of
Sections 1777.5 and 1777.6 in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules, and other requirements
may be obtained from the Director of Industrial Relations, ex -officio the Administrator of
Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and
its branch offices.
Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in
the execution of this contract and the Contractor and any subcontractor under him shall comply
with and be governed by the laws of the State of California having to do with working hours as
set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as
amended.
The Contractor shall forfeit, as a penalty to the City of Diamond Bar, twenty-five dollars
($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by
him or any subcontractor under him, upon any of the work herein before mentioned, for each
calendar day during which said laborer, workman, or mechanic is required or permitted to labor
more than eight (8) hours in violation of said Labor Code.
Contractor agrees to pay travel and subsistence pay to each workman needed to execute
the work required by this Contract as such travel and subsistence payments are defined in the
applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8.
The bidder must submit with his proposal cash, cashier's check, certified check, or
bidder's bond, payable to the City of Diamond Bar for an amount equal to at least 10 percent
(10%) of the amount of said bid as a guarantee that the bidder will enter into the proposed
contract if the same is awarded to him, and in event of failure to enter into such contract said
cash, cashier's check, or certified check, or bond shall become the property of the City of
Diamond Bar.
If the City of Diamond Bar awards the contract to the next lowest bidder, the amount of
the lowest bidder's security shall be applied by the City of Diamond Bar to the difference
between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the
lowest bidder.
The amount of the bond to be given to secure a faithful performance of the contract for
said work shall be one hundred percent (100%) of the contract price thereof, and a labor and
material bond in an amount equal to one hundred (100%) of the contract price for said work shall
be given to secure the payment of claims for any materials or supplies furnished for the
performance of the work contracted to be done by the Contractor, or any work or labor of any
kind done thereon, and the Contractor will also be required to furnish a certificate that he carries
compensation insurance covering his employees upon work to be done under contract which may
be entered into between him and the said City of Diamond Bar for the construction of said work.
No proposal will be considered from a Contractor who is not licensed as a Class A mdLor
C-8 contractor at time of award in accordance with the provisions of the Contractor's License
Law (California Business and Professions Code, Section 7000 et seq.) and rules and regulations
adopted pursuant thereto or to whom a proposal form has not been issued by the City of
Diamond Bar.
The work is to be done in accordance with the specifications of the City of Diamond Bar
on file in the office of the City Clerk at the City Hall, Diamond Bar, California. Copies of the
specifications will be furnished upon application to the City of Diamond Bar and payment of
$10.00, said $10.00 is non-refundable.
Upon written request by the bidder, copies of the specifications will be mailed when said
request is accompanied by payment stipulated above, together with an additional non -
reimbursable payment of $5.00 to cover the cost of mailing charges and overheads.
The successful bidder will be required to enter into a contract satisfactory to the City of
Diamond Bar within ten (10) working days.
In accordance with the requirements of Section 903 of the General Provisions, as set forth
in the Plans and Specifications regarding the work contracted to be done by the Contractor, the
Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense,
substitute authorized securities in lieu of monies withheld (performance retention).
The City of Diamond Bar, California, reserves the right to reject any and all bids. By
order of the City Council of the City of Diamond Bar, California. Dated this day of
1997.
PASSED, APPROVED AND ADOPTED by the City Council of the City this _th day of
1997.
MAYOR
ATTEST:
CITY CLERK
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, California do hereby
certify that the foregoing Resolution was duly and regularly passed and adopted by the City
Council of the City of Diamond Bar, California, at its regular meeting held on the th day of
1997, by the following vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
City Clerk, City of Diamond Bar
California
CI 1 T (P- I IIAMONI l "A"
AGENDA REPORT
AGENDA NO, 6r.
TO: Mayor and Members of the City Council
MEETING DATE: March 4, 1997 REPORT DATE: February 24, 1997
FROM: Terrence L. Belanger, City Manager
TITLE: Resolution No. 97 -XX entitled "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DIAMOND BAR, CALIFORNIA, CONSENTING TO THE ESTABLISHMENT
OF THE PORTION OF TEMPLE AVENUE WITHIN SAID CITY AS A PART OF THE
SYSTEM OF HIGHWAYS OF THE COUNTY OF LOS ANGELES",
SUMMARY: Jurisdiction is requested in order that the County of Los Angeles may
administer a projectto synchronize the traffic signals on Valley BoulevardlHoltAvenue from
Lemon Avenue to Mills Avenue and on Temple Avenue from University Drive to Golden
Springs Drive and also maintain the effectiveness of the completed synchronization system,
This jurisdiction will be relinquished after the completion of the project.
RECOMMENDATION: Thatthe City Council adopt Resolution No. 97 -XX entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA,
CONSENTING TO THE ESTABLISHMENT OF THE PORTION OF TEMPLE AVENUE WITHIN
SAID CITY AS A PART OF THE SYSTEM OF HIGHWAYS OF THE COUNTY OF LOS
ANGELES".
LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification
X Resolutions) _ Bid Specification (on file in City
Clerks office)
_ Ordinance(s) X Other: County s letter of request
dated 1/30197
Agreements)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreementbeen X Yes _ No
reviewed by the City Attorney?
2. Does the report require a majority vote? Majority X Yes _ No
3. Has environmental impactbeen assessed? X Yes _ No
4. Has the report been reviewed by a Commission? _Yes ^No
Which Commission? NIA
S. Are other departments affected by the report? NIA _ Yes _ No
Reportdiscussed with the following affected departments:
r liV r fll IPIf 11 DF-D(InT
AGENDA NO.
MEETING DATE: March 4, 1997
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Resolution No. 97 -XX entitled: ''A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA,
CONSENTING TO THE ESTABLISHMENT OF THE PORTION OF
TEMPLE AVENUE WITHIN SAID CITY AS A PART OF THE SYSTEM
OF HIGHWAYS OF THE COUNTY OF LOS ANGELES
ISSUE STATEMENT:
To include Temple Avenue within the jurisdiction of the City of Diamond Bar as part of
the System of Highways of the County of Los Angeles for the purpose of synchronizing
traffic signals.
RECOMMENDATION:
Thatthe City Council adopt Resolution No. 97 -XX entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, CONSENTING TO THE
ESTABLISHMENT OF THE PORTION OF TEMPLE AVENUE WITHIN SAID CITY AS A
PART OF THE SYSTEM OF HIGHWAYS OF THE COUNTY OF LOS ANGELES".
FINANCIAL SUMMARY:
The County of Los Angeles has obtained a special allocation of Proposition C
Discretionary Grant funds to finance the majority of the cost of the project Accordingly,
the improvements will be installed at no costto the City of Diamond Bar.
BACKGROUNDIDISCUSSION:
On January 14, 1997, pursuant ,.o the request of Los Angeles County Department of
Public Works, the Board of Supervisors of the County adopted a resolution entitled:
"RESOLUTION DECLARING PORTIONS OF VALLEY BOULEVARD, HOLT AVENUE, AND
TEMPLE AVENUE IN THE CITIES OF DIAMOND BAR, INDUSTRY, POMONA, AND
WALNUT TO BE A PART OF THE COUNTY SYSTEM OF HIGHWAYS" for the purpose of
synchronizing traffic signals.
The County of Los Angeles proposes to synchronize traffic signals along Valley
Boulevard, Holt Avenue, and Temple Avenue as part of a Countywide program to
improve safety and reduce traffic congestion. The works within the City of Diamond Bar
will include modification and synchronization of the existing traffic signals and other
appurtenant work. The County has obtained a special allocation of Proposition C
Discretio nary Grant funds to finance the m ajority of the project cost. Accord ing ly, the
improvements will be installed at no cost to the City of Diamond Bar. The project is
tentatively scheduled to be advertised for construction bids in May, 1997.
Page Two
System of Highways
March 4, 1997
Jurisdiction is requested in order that the County of Los Angeles may administer a
project to synchronize the traffic signals on Valley Boulevard/Holt Avenue from Lemon
Avenue to Mills Avenue and on Temple Avenue from University Drive to Golden Springs
Drive and also maintain the effectiveness of the completed synchronization system. This
jurisdiction will be relinquished after the completion of the project.
Pursuant to Section 15301, Class 1(c) of the California Environment Quality Act
Guidelines, the County of Los Angeles has found thatthis project is categorically exempt
from the provisions of said Act. Staff concurs with the finding of no significant effecton
the environment and that the project is categorically exempt
Prepared BY: David G Liu/Tsedav Aberra
RESOLUTION NO. 97-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR, CALIFORNIA, CONSENTING TO THE ESTABLISHMENT OF THE
PORTION OF TEMPLE AVENUE WITHIN SAID CITY AS A PART OF
THE SYSTEM OF HIGHWAYS OF THE COUNTY OF LOS ANGELES
A. RECITALS.
(i) The Board of Supervisors did on January 14,
1997, duly adopt a Resolution declaring the portion of Valley
Boulevard/Holt Avenue from Lemon Avenue to Mills Avenue and Temple
Avenue from University Drive to Golden Springs Drive, and
intersecting streets appurtenant to the construction thereof,
within the Cities of Diamond Bar, Industry, Pomona, and Walnut, to
be a part of the System of Highways of the County of Los Angeles,
as provided in Sections 1700 to 1704 inclusive of the Streets and
Highways Code of the State of California, for the limited purpose
of synchronizing the traffic signals, performing appurtenant work
and maintaining the effectiveness of the completed synchronization
system; and
(ii) Said Board of Supervisors by said Resolution
requested this Council to give its consent to allow the County to
synchronize traffic signals, perform appurtenant work and maintain
the effectiveness of the completed signal synchronization system on
said portion of Temple Avenue in the City of Diamond Bar described
above; and
(iii) Pursuant to Section 15301, Class 1(c), of the
California Environmental Quality Act (CEQA) Guidelines, the
Secretary of Resources designated this type of project as
categorically exempt.
B. RESOLUTION.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
(i) Consent to Inclusion in County Highway System.
This City Council does hereby consent to the establishment of the
portion of Temple Avenue from University Drive to Golden Springs
Drive, within the City of Diamond Bar, as part of the System of
Highways of the County of Los Angeles as provided in Sections 1700
to 1704 inclusive of the Streets and Highways Code of the State of
California, for the limited purpose of synchronizing the traffic
signals and maintaining the effectiveness of the completed
synchronization system.
(ii) Cooperation with Neighboring Jurisdictions.
This City Council does hereby consent to cooperate with neighboring
jurisdictions to implement coordinated traffic signal control
across jurisdictional boundaries.
(iii) Maintain and Operation of the Traffic Signals.
This City Council does hereby consent to maintain and operate
and/or to finance its jurisdictional share of the maintenance and
operation costs of the traffic signals included in this project. In
order to maintain full effectiveness of these improvements, should
the City determine that a change in signal operation of any of the
intersections within the project limits within the jurisdictional
boundaries of the City of Diamond Bar is necessary, the City will
coordinate with the County of Los Angeles to ensure that the
overall effectiveness of the system is maintained.
(iv) Maintenance of the Traffic Signal
Synchronization System. The ongoing maintenance of the traffic
signal synchronization system by the County of Los Angeles shall
only include, upon City request, adjustments to traffic signal
timing and synchronization equipment necessary to maintain the
integrity of the completed system and shall not include normal
traffic signal maintenance.
(v) Indemnification. The City Council does hereby
consent to defend, indemnify and hold harmless the County of Los
Angeles and its officers and employees from any liability imposed
for injury occurring by reason of any acts or omissions on the part
of the City of Diamond Bar in connection with the traffic signal
synchronization system on the portion of Temple Avenue from
University Drive to Golden Springs Drive within said City.
(vi) Fining of Categorical Exemption. This City
Council does hereby find that the project is categorically exempt
from the requirement for an Environmental Impact Report pursuant to
Section 15301, Class 1(c), of the CEQA Guidelines.
(vii) Finding of a Minor Nature. This City Council
does hereby find that pursuant to Government Code, Section 65402
(b), the aforesaid street improvements are of a minor nature and
that, therefore, the provisions of said Section requiring the
submission to and report upon said project by the City Planning
Agency do not apply.
PASSED, APPROVED, AND ADOPTED this day of , 1997.
MAYOR
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do
hereby certify that the foregoing Resolution was passed, approved,
and adopted at a regular meeting of the City Council of the City of
Diamond Bar held on day of 1997 by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST:
City Clerk
City of Diamond Bar
oJ�tV OF LDS
• p4UFORµ�►.
HARRY W. STONE, Director
COUNTY OF LOS ANGELES
DEPARTMENT OF PUBLIC WORKS
January 30, 1997
900 SOUTH FREMONT AVENUE
ALHAMBRA, CALIFORNIA 91803-1331
Telephone: (819) 458-5100
Mr. Terry Belanger
City Manager
City of Diamond Bar
21660 East Copley Drive, Suite 100
Diamond Bar, CA 91765-4177
Dear Mr. Belanger:
VALLEY BOULEVARD/HOLT AVENUE FROM LEMON AVENUE
TO MILLS AVENUE, ET AL.
TRAFFIC SIGNAL SYNCHRONIZATION PROJECT
ADDRESS ALL CORRESPONDENCE TO:
P.O.BOX 1460
ALHAMBRA, CALIFORNIA 91802-1460
IN REPLY PLEASE
REFER TO FILE: PD -2
!99?
Enclosed is a certified copy of a Resolution adopted by the Board
of Supervisors of the County of Los Angeles on January 14, 1997,
declaring Valley Boulevard/Holt Avenue from Lemon Avenue to Mills
Avenue and Temple Avenue from University Drive to Golden Springs
-Drivg, within the Cities of Diii'm6nd ar, Industry, Pomona, an
Walnut, to be a part of the County System of Highways for the
purpose of synchronizing traffic signals.
As discussed between our respective staffs, the County proposes to
synchronize traffic signals along Valley Boulevard, Holt Avenue,
and Temple Avenue as part of a Countywide program. The work within
the City of Diamond Bar will include modification and
synchronization of the existing traffic signals and other
appurtenant work. The County has obtained a special allocation of
Proposition C Discretionary Grant funds to finance the majority of
the project cost. Accordingly, the improvements will be installed
at no cost to the City. The project is tentatively scheduled to be
advertised for construction bids in May 1997; therefore, we request
your assistance in expediting this jurisdiction request to the
City's duly authorized officials for their consideration.
The Public Resources Code provides that this type of project, by
reason of the work proposed, does not have a significant effect on
the environment. Accordingly and pursuant to Section 15301,
Class 1 (c), of the California Environmental Quality Act
Guidelines, we have found that this project is categorically exempt
from the provisions of said Act. If you concur that this project
is categorically exempt, please have your duly authorized City
officials make such a finding in the Resolution or Ordinance of
Mr. Terry Belanger
January 30, 1997
Page 2
of consent to the jurisdiction. However,
to make this environmental finding,
jurisdiction should be deferred
environmental finding can be made.
if your Council is unable
Council action granting
until the appropriate
It should be noted that Sections 1701 and 1850 of the Streets and
Highways Code provide that the City may consent to the County's
request for jurisdiction by Resolution. In addition,
Section 65402 (b) of the Government Code provides that the City
Council may find in such Resolution that the project involves
improvements of a minor nature. Enclosed is a draft of a
Resolution containing the finding which, if enacted, will meet the
requirements of these statutes and expedite this project.
The draft Resolution also provides for the City to indemnify the
County from liability for acts or omissions on the part of the City
in conjunction with the project. Conversely, the Board of
Supervisors' Resolution similarly indemnifies the City. In
addition, the draft Resolution contains provisions regarding
cooperation with neighboring jurisdictions, and maintenance and
operation of the completed improvements. These latter two
provisions are required to maintain the integrity of the completed
synchronization system.
When the City has adopted the Resolution or an Ordinance of
consent, please send three certified copies to the County
Department of Public Works.
Ve truly yours,
HARRY W. ST,NE
F� Director o. Public Works
ESC: la
P:\SECFINAL\PB&C\J&A\VLLY?iOLT.➢IA
Enc.
CC: Supervisor Dan Knabe
` rte at: [aS �ti
cF
�oJ A i i
�'�UFOk1[�P
HARRV W. STONE, Director
COUNTY OF LOS ANGELES
January 2, 1997
DEPARTMENT OF PUBLIC WORKS
The Honorable Board of
County of Los Angeles
383 Kenneth Hahn Hall
500 West Temple Street
Los Angeles, CA 90012
Dear Supervisors:
900 SOUTH FREMONT AVENUE
ALHAMBRA, CALIFORNIA 91803-1331
Telephone: (818) 458-5100
ADDRESS ALL CORRESPONDENCE TO:
P.O.BOX 1460
ALHAMBRA, CALIFORNIA 91802-1460
IN REPLY PLEASE
ADO PT ED
PD -2
BOA,RO Or SJPERklISORS
Supervisors
1 8 s JAN 14 1991
of Administration
REQUEST FOR JURISDICTION
VJOANNE STURGES'
EXECUTIVE OFFICER ;
F
VALLEY BOULEVARD/HOLT AVENUE FROM LEMON AVENUE
TO MILLS AVENUE, ET AL.
CITIES OF DIAMOND BAR, INDUSTRY, POMONA, AND WALNUT
SUPERVISORIAL DISTRICTS 1 AND 5
4 -VOTES
IT IS RECOMMENDED THAT YOUR BOARD:
1. Find that the project to synchronize the traffic signals
on Valley Boulevard/Holt Avenue from Lemon Avenue to
Mills Avenue and on Temple Avenue from University Drive
to Golden Springs Drive is exempt from the California
Environmental Quality Act (CEQA),
2. Adopt the enclosed Resolution declaring Valley
Boulevard/Holt Avenue and Temple Avenue between the
aforementioned limits in the Cities of Diamond Bar
Industry, Pomona and Walnut to be a part of the County
System of Highways.
PURPOSE OF RECOMMENDED ACTION:
Jurisdiction is requested in order that the County may administer
a project to synchronize the traffic signals on Valley
Boulevard/Holt Avenue from Lemon Avenue to Mills Avenue and on
Temple Avenue from University Drive to Golden Springs Drive and
also maintain the effectiveness of the completed synchronization
system. Valley Boulevard/Holt Avenue within these limits is
jurisdictionally shared between the Cities of Industry, Pomona, and
Walnut. Temple Avenue within these limits is jurisdictionally
shared between the Cities of Diamond Bar and Pomona.
CITY OF DIAMOND BAR
AULNUA HLHUH I
AGENDA N0.�
TO: Mayor and Members of the City Council
MEETING DATE: March 4, 1997 REPORT DATE: February 24, 1997
FROM: Terrence L. Belanger, City Manager
TITLE: Resolution No. 97 -XX entitled "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DIAMOND BAR, CALIFORNIA, CONSENTING TO THE
ESTABLISHMENT OF THE PORTION OF DIAMOND BAR BOULEVARD WITHIN
SAID CITY AS A PART OF THE SYSTEM OF HIGHWAYS OF THE COUNTY OF
LOS ANGELES".
SUMMARY: Jurisdiction is requested in order that the County of Los Angeles may
administer a project to synchronize the traffic signals on Diamond Bar Boulevard/Mission
Boulevard from Brea Canyon Road to San Bernardino County Line In the City of Diamond Bar
and also maintain the effectiveness of the completed synchronization system. This jurisdiction
will be relinquished after the completion of the project,
RECOMMENDATION: That the City Council adopt Resolution No. 97 -XX entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA,
CONSENTING TO THE ESTABLISHMENT OF THE PORTION OF DIAMOND BAR
BOULEVARD WITHIN SAID CITY AS A PART OF THE SYSTEM OF HIGHWAYS OF THE
COUNTY OF LOS ANGELES
LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification
X Resolution(s) _ Bid Specification (on file in City
Clerks office)
Ordinance(s) X Other: County letter of request,
dated 116197
Agreements)
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 X Yes _ No
3. Has environmental impact been assessed? X Yes _ No
4. Has the report been reviewed by a Commission? _Yes �No
Which Commission? N/A
5, Are other departments affected by the report? NIA _ Yes _ No
Reportdiscussed with the following affected departments:
n»i,-)LLA iiL k - icy IVIU11uyci
�-ILy uiyuicai
AGENDA NO.
MEETING DATE: March 4, 1997
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Resolution No. 97 -XX entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA,
CONSENTING TO THE ESTABLISHMENT OF THE PORTION OF
DIAMOND BAR BOULEVARD WITHIN SAID CITY AS A PART OF
THE SYSTEM OF HIGHWAYS OF THE COUNTY OF LOS
ANGELES".
ISSUE STATEMENT:
To include Diamond Bar Boulevard within the jurisdiction of the City of Diamond Bar as
part of the System of Highways of the County of Los Angeles for the purpose of
synchronizing traffic signals.
RECOMMENDATION:
Thatthe City Council adopt Resolution No, 97-XXentitled: "A RESOLUTIONOFTHE CITY
COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, CONSENTING TO THE
ESTABLISHMENT OF THE PORTION OF DIAMOND BAR BOULEVARD WITHIN SAID
CITY AS A PART 0;: THE SYSTEM OF HIGHWAYS OF THE COUNTY OF LOS
ANGELES".
FINANCIAL SUMMARY:
The County of Los Angeles has obtained a special allocation of Proposition C
Discretionary Grantfunds to finance the majority of the costof the project Accordingly,
the improvements will be installed at no costto the City of Diamond Bar.
BACKGROUND/DISCUSSION:
On December 17, 1996, pursuant to the request of Los Angeles County Department of
Public Works, the Board of Supervisors of the County adopted a resolution entitled:
"RESOLUTION DECLARING PORTIONS OF DIAMOND BAR BOULEVARD AND MISSION
BOULEVARD IN THE CITIES OF DIAMOND BAR AND POMONA TO BE A PART OF THE
COUNTY SYSTEM OF HIGHWAYS" for the purpose of synchronizing traffic signals.
The County of Los Angeles proposes to synchronize traffic signals along Diamond Bar
BoulevardlMission Boulevard from Brea Canyon Road to San Bernardino County Line in
the City of Diamond Bar as partofa Countywide program to improve safety and reduce
traffic congestion. The works within the City of Diamond Barwill include modification and
synchronization of the existing traffic signals and other appurtenant work. The County
has obtained a special allocation of Proposition C Discretionary Grant funds to finance
the majority of the projectcost Accordingly, the improvements will be installed atno cost
to the City of Diamond Bar, The project is tentatively scheduled to be advertised for
construction bids in February, 1997.
Page Two
System of Highways
March 4, 1997
Jurisdiction is requested in order that the County of Los Angeles may administer a
projectto synchronize the traffic signals on Diamond Bar Boulevard/Mission Boulevard
from Brea Canyon Road to San Bernardino County Line in the City of Diamond Bar
and also maintain the effectiveness of the completed synchronization system, This
jurisdiction will be relinquished after the completion of the project
Pursuant to Section 15101, Class 1(c) of the California Environment Quality Act
Guidelines, the County of Los Angeles has found thatthis project is categorically exempt
from the provisions of said Act. Staff concurs with the finding of no significant effecton
the environment and that the project is categorically exempt
Prepared BY: David G. Liu/Tsedav Aberra
RESOLUTION NO. 97-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR, CALIFORNIA, CONSENTING TO THE ESTABLISHMENT OF THE
PORTION OF DIAMOND BAR BOULEVARD WITHIN SAID CITY AS A
PART OF THE SYSTEM OF HIGHWAYS OF THE COUNTY OF LOS
ANGELES
A. RECITALS.
(i) The Board of Supervisors did on December 17, 1996,
duly adopt a Resolution declaring the portion of Diamond Bar
Boulevard/Mission Boulevard from Brea Canyon Road to San Bernardino
County Line, within the Cities of Diamond Bar and Pomona, to be a
part of the System of Highways of the County of Los Angeles, as
provided in Sections 1700 to 1704 inclusive of the Streets and
Highways Code of the State of California, for the limited purpose
of synchronizing traffic signals and maintaining the effectiveness
of the completed synchronization system; and
(ii) Said Board of Supervisors by said Resolution
requested this Council to give its consent to allow the County to
synchronize traffic signals and perform appurtenant work within the
portion of Diamond Bar Boulevard from Brea Canyon Road to Temple
Avenue in the City of Diamond Bar described above; and
(iii) Pursuant to Section 15301, Class 1(c), of the
California Environmental Quality Act (CEQA) Guidelines, the
Secretary of Resources designed this type of project as
categorically exempt.
B. RESOLUTION.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
M Consent to Inclusion in County Highway System.
This City Council does hereby consent to the establishment of the
portion of Diamond Bar Boulevard from Brea Canyon Road to Temple
Avenue, within the City of Diamond Bar, as part of the System of
Highways of the County of Los Angeles as provided in Sections 1700
to 1704 inclusive of the Streets and Highways Code of the State of
California, for the limited purpose of synchronizing the traffic
signals and maintaining the effectiveness of the completed
synchronization system.
(ii) Cooperation with Neighboring_ Jurisdictions.
This City Council does hereby consent to cooperate with neighboring
jurisdictions to implement coordinated traffic signal control
across jurisdictional boundaries.
(iii) Maintain and Operation of the Traffic Signals.
This City Council does hereby consent to maintain and operate
and/or to finance its jurisdictional share of the maintenance and
operation costs of the traffic signals included in this project. In
order to maintain full effectiveness of these improvements, should
the City determine that a change in signal operation of any of the
intersections within the project limits within the jurisdictional
boundaries of the City of Diamond Bar is necessary, the City will
coordinate with the County of Los Angeles to ensure that the
overall effectiveness of the system is maintained.
(iv) Maintenance of the Traffic Signal
Synchronization System. The ongoing maintenance of the traffic
signal synchronization system by the County of Los Angeles shall
only include, upon City request, adjustments to traffic signal
timing and synchronization equipment necessary to maintain the
integrity of the completed system and shall not include normal
traffic signal maintenance.
(v) Indemnification. The City Council does hereby
consent to defend, indemnify and hold harmless the County of Los
Angeles and its officers and employees from any liability imposed
for injury occurring by reason of any acts or omissions on the part
of the City of Diamond Bar in connection with the traffic signal
synchronization system on Diamond Bar Boulevard/Mission Boulevard
from Brea Canyon Road to San Bernardino County Line within said
City.
(vi) Fining of Categorical Exemption. This City
Council does hereby find that the project is categorically exempt
from the requirement for an Environmental Impact Report pursuant to
Section 15301, Class 1(c), of the CEQA Guidelines.
(vii) Finding of a Minor Nature. This City Council
does hereby find that pursuant to Government Code, Section 65402
(b), the aforesaid street improvements are of a minor nature and
that, therefore, the provisions of said Section requiring the
submission to and report upon said project by the City Planning
Agency do not apply.
1997.
PASSED, APPROVED, AND ADOPTED this
MAYOR
day of ,
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do
hereby certify that the foregoing Resolution was passed, approved,
and adopted at a regular meeting of the City Council of the City of
Diamond Bar held on day of , 1997 by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST:
City Clerk
City of Diamond Bar
J�Sr pF LOS �rycf
• 04UFORNt�'
HARRY W. STONE, Director
COUNTY OF LOS ANGELES
January 6, 1997
DEPARTMENT OF PUBLIC WORKS
900 SOUTH FREMONT AVENUE
ALHAMBRA, CALIFORNIA 91803-1331
Telephone: (818) 458-5100
Mr. Terry Belanger
City Manager
City of Diamond Bar
21660 East Copley Drive, Suite 100
Diamond Bar, CA 91765-4177
Dear Mr. Belanger:
DIAMOND BAR BOULEVARD/MISSION BOULEVARD FROM
TO SAN BERNARDINO COUNTY LINE
TRAFFIC SIGNAL SYNCHRONIZATION PROJECT
Enclosed is a certified copy of a Resolution adopted by the Board
of Supervisors of the County of Los Angeles on December 17, 1996,
declaring the portion of Diamond Bar Boulevard/Mission Boulevard
between the subject limits, within the Cities of Diamond Bar and
Pomona, to be a part of the County System of Highways for the
purpose of synchronizing the existing traffic signals.
As discussed between our respective staffs, the County proposes to
synchronize traffic signals along Diamond Bar Boulevard/Mission
Boulevard as part of a Countywide program. The work will include
modification and synchronization of the existing traffic signals
and other appurtenant work. The County has obtained a special
allocation of Proposition C Discretionary Grant funds to finance
the majority of the project cost. Accordingly, the improvements
will be installed at no cost to the City. The project is
tentatively scheduled to be advertised for construction bids in
April 1997; therefore, we request your assistance in expediting
this jurisdiction request through the City's duly authorized
officials.
The Public Resources Code provides that this type of project, by
reason of the work proposed, does not have a significant effect on
the environment. Accordingly and pursuant to Section 15301,
Class 1 (c), of the California Environmental Quality Act
Guidelines, we have found that this project is categorically exempt
from the provisions of said Act. If you concur that this project
is categorically exempt, please have your duly authorized City
officials make such a finding in the Resolution or Ordinance of
consent to the jurisdiction. However, if your Council is unable to
ADDRESS ALL CORRESPONDENCE TO:
P.O.BOX-t460
ALHAMBRA, CALIFORNIA 91802-1460
IN REPLY PLEASE
REFER TO FILE:
PD -2
y
Jho, ' 1991 --
G1TY CF
6;Z �
Enclosed is a certified copy of a Resolution adopted by the Board
of Supervisors of the County of Los Angeles on December 17, 1996,
declaring the portion of Diamond Bar Boulevard/Mission Boulevard
between the subject limits, within the Cities of Diamond Bar and
Pomona, to be a part of the County System of Highways for the
purpose of synchronizing the existing traffic signals.
As discussed between our respective staffs, the County proposes to
synchronize traffic signals along Diamond Bar Boulevard/Mission
Boulevard as part of a Countywide program. The work will include
modification and synchronization of the existing traffic signals
and other appurtenant work. The County has obtained a special
allocation of Proposition C Discretionary Grant funds to finance
the majority of the project cost. Accordingly, the improvements
will be installed at no cost to the City. The project is
tentatively scheduled to be advertised for construction bids in
April 1997; therefore, we request your assistance in expediting
this jurisdiction request through the City's duly authorized
officials.
The Public Resources Code provides that this type of project, by
reason of the work proposed, does not have a significant effect on
the environment. Accordingly and pursuant to Section 15301,
Class 1 (c), of the California Environmental Quality Act
Guidelines, we have found that this project is categorically exempt
from the provisions of said Act. If you concur that this project
is categorically exempt, please have your duly authorized City
officials make such a finding in the Resolution or Ordinance of
consent to the jurisdiction. However, if your Council is unable to
4
Mr. Terry Belanger
January 6, 1997
Page 2
make this environmental finding, Council action granting
jurisdiction should be deferred until the appropriate
environmental finding can be made.
It should be noted that Sections 1701 and 1850 of the Streets and
Highways Code provide that the City may consent to the County's
request for jurisdiction by Resolution. In addition,
Section 65402 (b) of the Government Code provides that the City
Council may find in such Resolution that the project involves
improvements of a minor nature. Enclosed is a draft of a
Resolution containing the finding which, if enacted, will meet the
requirements of these statutes and expedite this project.
The draft Resolution also provides for the City to indemnify the
County from liability for acts or omissions on the part of the City
in conjunction with the project. Conversely, the Board of
Supervisors' Resolution similarly indemnifies the City. In
addition, the draft Resolution contains provisions regarding
cooperation with neighboring jurisdictions, and maintenance and
operation of the completed improvements. These latter two
provisions are required to maintain the integrity of the completed
synchronization system.
When the City has adopted the Resolution or an Ordinance of
consent, please send three certified copies to the County
Department of Public Works.
Ver truly yours,
ARRY W. STONE
uf� Director oPublic Works
1 ESC:li
P:\SECFINAL\PB&C\LETTERS\DIAMNDTS.DIA
Enc.
CC: Supervisor Don Knabe
Of LOS 4'rC
f�
C�UfORNff'
HARRY W. STONE, Director
COUNTY OF LOS ANGELES
DEPARTMENT OF PUBLIC WORKS
December 5, 1996
The Honorable Board of
County of Los Angeles
383 Kenneth Hahn Hall
500 West Temple Street
Los Angeles, CA 90012
Dear Supervisors:
900 SOUTH FREMONT AVENUE
ALHAMBRA, CALIFORNIA 91803.1331
Telephono:(818)459-5100
Supervisors
of Administration j
REQUEST FOR JURISDICTION
ADDRESS ALL CORRESPONDENCE TO:
P.O.BOX 1460
ALHAMBRA, CALIFORNIA 91802-1460
IN REPLY PLEASE
REFER TO FILE:
PD -2
ADOPTED
GO�:RD OF SUPERVISORS
COUN ; Y OF LOS ANGELES
DEC 17 '96
V���JOANNE STURGES
EXECUTIVE OFFICER t
cr "
DIAMOND BAR BOULEVARD/MISSION BOULEVARD FROM BREA CANYON ROAD
TO SAN BERNARDINO COUNTY LINE
CITIES OF DIAMOND BAR AND POMONA
SUPERVISORIAL DISTRICTS 1 AND 4
4 -VOTES
IT IS RECOMMENDED THAT YOUR BOARD:
1. Find that the subject project to synchronize the traffic
signals on Diamond Bar Boulevard/Mission Boulevard from
Brea Canyon Road to San Bernardino County Line is exempt
from the California Environmental Quality Act (CEQA).
2. Adopt the enclosed Resolution declaring Diamond Bar
Boulevard/Mission Boulevard from Brea Canyon Road to
San Bernardino County Line in the Cities of Diamond Bar
and Pomona to be a part of the County System of Highways.
PURPOSE OF RECOMMENDED ACTION:
Jurisdiction is requested in order that the County may administer
a project to synchronize the traffic signals on Diamond Bar
Boulevard/Mission Boulevard from Brea Canyon Road to San Bernardino
County Line and maintain the effectiveness of the completed
synchronization system. Diamond Bar Boulevard/Mission Boulevard
between these limits is jurisdictionally shared between the Cities
of Diamond Bar and Pomona.
The Resolution provides that any future change in signal timing for
any of the intersections within the project limits shall be
coordinated between the County and the Cities. The Resolution
eMTV 8G MIARAON n BAR
AGENDA REPORT
AGENDA NO.
TO: Honorable Mayor and Members of the City Council
MEETING DATE: March 4, 1997 REPORT DATE: February 28, 1997
FROM: Kellee A. Fritzal, Assistant to the City Manager
TITLE: AWARD OF CONTRACT FOR THE INSTALLATION OF SPORTS FIELD LIGHTING AT
PETERSON PARK
SUMMARY: The City Council authorized the advertising of bids for the installation of sports field lighting
at Peterson Park. Bids were received from six (6) contractors, which were opened and publicly read on
February 6, 1997. The lowest qualified bidder is MacKenzie Electric Inc. for an amount of $199,557. The bids
ranged from $199,557 to $222,500. The CIP budget includes $130,000 from Proposition A - Safe Parks Grant,
in addition, $100,000 will be transferred from Developer's Parts Fees. The sports field lighting project will
include lighting for the two (2) softball fields and the soccer field. This project will provide the needed lighting
for the City's youth and adult sports groups. A neighborhood informational meeting was conducted on
November 7,1996 with approximately 30 people in attendance. Mailings regarding the meeting and project
were sent to all residents within 500 feet of the park.
RECOMMENDATION: It is recommended that the City Council award the contract for the installation of sports
field lighting at Peterson Park to MacKenzie Electric Inc. the lowest responsible bidder, in the amount of
$199,557, plus a contingency amount of $2,000.
LIST OF ATTACHMENTS: X Staff Report
_ Resolution(s)
_ Ordinance(s)
X Agreement(s)
_ Public Hearing Notification
X Bid Specification (on file in City Clerk's
office)
X Other: Bidder's Proposal
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been
)L 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?
X Yes _
No
Which 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 Department
REVIEWED BY:
rrence L. Bel g r
City Manager
Frank M. Ushe Mee A. Fritzal
Assistant City Manager Assistant to the City Manager
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 MacKenzie Electric. Inc.
hereinafter referred to as the "CONTRACTOR" and the City of Diamond
Bar, California, hereinafter referred to as "CITY."
WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals,
bids were received, publicly opened, and declared on the date
specified in the notice; and
WHEREAS, City did accept the bid of CONTRACTOR
MaoKan ue Fioo}r;c, TUC and;
WHEREAS, City has authorized the Mayor to execute a written
contract with CONTRACTOR for furnishing labor, equipment and
material for the Installation of Athletic Field Lighting at
Peterson Park in the City of Diamond Bar.
NOW, THEREFORE, in consideration of the mutual covenants
herein contained, it is agreed:
1.
necessary
and do th
e
GENERAL SCOPE OF WORK: CONTRACTOR shall
labor, tools, materials, appliances, and
work for the installation of ballfield
furnish all
equipment for
lights at
in the
City of Diamond Bar. The work to be performed in accordance with
the plans and specifications, dated 12/17/96 (The Plans and
Specifications) on file in the office of the City Clerk and in
accordance with bid prices hereinafter mentioned and in accordance
with the instructions of the City Engineer.
2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY:
The Plans and Specifications are incorporated herein by reference
and made a part hereof with like force and effect as if set forth
in full herein. The Plans and Specifications, CONTRACTOR'S
Proposal dated Feb. 5 , 1997, together with this written
agreement, shall constitute the contract between the parties. This
contract is intended to require a complete and finished piece of
work and anything necessary to complete the work properly and in
accordance with the law and lawful governmental regulations shall
16
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.
The CONTRACTOR agrees to complete the work within sixty
(60)calendar days from the date of the notice to proceed.
The CONTRACTOR agrees further to the assessment of
liquidated damages in the amount of two hundred and fifty dollars
(5250.00) for each calendar day the work remains incomplete beyond
the expiration of the completion date. City may deduct the amount
thereof from any monies due or that may become due the CONTRACTOR
under this agreement. Progress payments made after the scheduled
date of completion shall not constitute a waiver of liquidated
damages.
4. INSURANCE: The CONTRACTOR shall not commence work under
this contract until he has obtained all insurance required
hereunder in a company or companies acceptable to City nor shall
the CONTRACTOR allow any subcontractor to commence work on his
subcontract until all insurance required of the subcontractor has
been obtained. The CONTRACTOR shall take out and maintain at all
times during the life of this contract the following policies of
insurance:
a. Workers' Compensation Insurance: Before beginning work,
the CONTRACTOR shall furnish to the City a certificate of
insurance as proof that he has taken out full workers'
compensation insurance for all persons whom he may employ
directly or through subcontractors in carrying out the
work specified herein, in accordance with the laws of the
State of California. Such insurance shall be maintained
in full force and effect during the period covered by
this contract.
In accordance with the provisions of Section 3700 of the
California Labor Code, every CONTRACTOR shall secure the
payment of compensation to his employees. The
CONTRACTOR, prior to commencing work, shall sign and file
with the City a certification as follows:
17
"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.
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;
18
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.
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,
19
the Director of the Department of Industrial Relations of the State
of California is required to and has determined such general
prevailing rates of per diem wages. Copies of such prevailing
rates of per diem wages are on file in the Office of the City Clerk
of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive,
Diamond Bar, California, and are available to any interested party
on request. City also shall cause a copy of such determinations to
be posted at the job site.
The CONTRACTOR shall forfeit, as penalty to City, not
more than twenty-five dollars ($25.00) for each laborer, workman or
mechanic employed for each calendar day or portion thereof, if such
laborer, workman or mechanic is paid less than the general pre-
vailing rate of wages hereinbefore stipulated for any work done
under this Agreement, by him or by any subcontractor under him.
6. APPRENTICESHIP EMPLOYMENT: In accordance with the .
provisions of Section 1777.5 of the Labor Code, and in accordance
with the regulations of the California Apprenticeship Council,
properly indentured apprentices may be employed in the performance
of the work.
The CONTRACTOR is required to make contribution to funds
established for the administrative of apprenticeship programs if he
employs registered apprentices or journeymen in any apprenticeable
trade on such contracts and if other CONTRACTOR S on the public
works site are making such contributions.
The CONTRACTOR and subcontractor under him shall comply
with the requirements of Sections 1777.5 and 1777.6 in the
employment of apprentices.
Information relative to apprenticeship standards, wage
schedules and other requirements may be obtained from the Director
of Industrial Relations, ex -officio the Administrator of
Apprenticeship, San Francisco, California, or from the Division of
Apprenticeship Standards and its branch offices.
7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall
constitute a legal day's work for all workmen employed in the
execution of this contract, and the CONTRACTOR and any sub-
contractor under him shall comply with and be governed by the laws
of the State of California having to do with working hours set
20
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:
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
21
expenses, including attorneys' fees incurred in
connection therewith.
b. The CONTRACTOR will promptly pay any judgment rendered
against the CONTRACTOR or Indemnitees covering such
claims, damages, penalties, obligations and liabilities
arising out of or in connection with such work,
operations or activities of the CONTRACTOR hereunder, and
the CONTRACTOR agrees to save and hold the Indemnitees
harmless therefrom.
C. In the event Indemnitees are made a party to any action
or proceeding filed or prosecuted against the CONTRACTOR
for damages or other claims arising out of or in
connection with the work, operation or activities
hereunder, the CONTRACTOR agrees to pay to Indemnitees
and any all costs and expenses incurred by Indemnitees in
such action or proceeding together with reasonable
attorneys' fees.
So much of the money due to the CONTRACTOR under and by
virtue of the contract as shall be considered necessary by City may
be retained by City until disposition has been made of such actions
or claims for damages as aforesaid.
This indemnity provision shall survive the termination of
the Agreement and is in addition to any other rights or remedies
which Indemnitees may have under the law.
This indemnity is effective without reference to the
existence or applicability of any insurance coverages which may
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
out of or incident to activities or operations performed by or on
behalf of the Indemnitor regardless of any prior, concurrent, or
subsequent active or passive negligence by the Indemnitees.
10. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735,
no discrimination shall be made in the employment of persons in the
22
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 roh 'S . 1997 .
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.
23
IN W1 NESS WHEREOF, the Sartie6 hereto have executed -.his
Agreement with all the formalities required by law -1, th,5
respective dates set forth opposite their signatures.
State of California
"CONTRACTOR'S" Licenee No. 66 3_
MacKenzie Electric Inc.
615 W. 42nd. Street
San Bernardino, Ca. 92407
2/28/97
Datta
gy: —
Patrick MacKenzie
P ESIDENT -
TITLE
CITY OF DIAMOND BAR, CALIFORNIA
By:
Dake
ATTEST:
By:
Date
MAYOR
CITY.CLERK
CONTRACTOR'S Business Phone (909) 881-0614/ (909) 881-5263 FX
Emergency Phone at which (909) 862-1713
CONTRACTOR'can be reached at any time
APPROVED AS TO FORM:
CITY ATTORNEY
Date --
24-
CITY OF DIAMOND BAR
BID OPENING LOG SHEET
r -
BID OPENING DATE: - la 917
PROJECT NO.: ��k d
k?Lt
BIDDERS NAME BID BOND BID AMOUNT
ICt9, Ss7. oo
nl4g-r "- kenza
Z 2� 766
-7 86
-1 I$,(oQ o
13, 7 ZL..o
#3 Vo, "0
4DLI-1 18,550
-4 1 �1) �S v
.4-3
CITY OF DIAMOND BAR
BID OPENING LOG SHEET
r
BID OPENING DATE: al (o I `t 1
PROJECT NO.:
-- ryi
-4-1 /� S8 5
s 8-7$
m;
M � ,"
-7 s d
g 5.50
3 a,0oo
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO.t' ,
TO: Honorable Mayor and Members of the City Council
MEETING DATE: March 4, 1997 REPORT DATE: February 25, 1997
FROM: Terrence L. Belanger, City Manager
TITLE: Landscaping Assessment District Numbers 38, 39 and 41.
SUMMARY: The City of Diamond Bar has an annual program for the maintenance of public improvements and
intends to continue the program by special assessments upon lands within the City's Landscaping Assessment
District Numbers 38, 39 and 41. Funds must be provided to enable these Districts to continue their operation
during the 1997-98 Fiscal Year. Proceedings for the maintenance of said improvements will be pursuant to
the provisions of the Landscape and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways
Code of the State of California.
RECOMMENDATION: It is recommended that the City Council of the City of Diamond Bar adopt the attached
Resolutions to initiate the proceedings for Districts 38, 39 and 41 ordering the preparation of the appropriate
engineer reports.
LIST OF ATTACHMENTS: X Staff Report
X Resolution(s)
_ Ordinances(s)
Agreement(s)
EXTERNAL DISTRIBUTION:
_ Public Hearing Notification
_ Bid Specifications (on file in City Clerk's Office)
_ Others
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been reviewed
by the City Attorney?
2. Does the report require a majority or 4/5 vote?
3. Has environmental impact been assessed?
4. Has the report been reviewed by a Commission?
Which Commission?
5. Are other departments affected by the report?
Report discussed with the following affected departments:
C
Terrence L. Belanger
City Manager
C: \ W PW%LMAKAy\.AGEN_971DB rehab. 304
X Yes _ No
Majority
N/A _ Yes _ No
N/A —Yes —No
X Yes —No
Community Services
Assistant City Manager
City Engineer
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO.
TO: Terrence L. Belanger, City Manager
MEETING DATE: March 4,1997 REPORT DATE: February 25,1997
FROM: George A. Wentz, City Engineer
TITLE: Landscaping Assessment District Numbers 38, 39 and 41.
SUMMARY: The City of Diamond Bar has an annual program for the maintenance of public improvements
and intends to continue the program by special assessments upon lands within the City's Landscaping
Assessment District Numbers 38, 39 and 41. Funds must be provided to enable these Districts to continue
their operation during the 1997-98 Fiscal Year. Proceedings for the maintenance of said improvements will
be pursuant to the provisions of the Landscape and Lighting Act of 1972 of Part 2 of Division 15 of the
Streets and Highways Code of the State of California.
RECOMMENDATION: It is recommended that the City Council of the City of Diamond Bar adopt the
attached Resolutions to initiate the proceedings for Districts 38, 39 and 41 ordering the preparation of the
appropriate engineer reports.
LIST OF ATTACHMENTS: X Staff Report
X Resolution(s)
_ Ordinances(s)
Agreement(s)
L-A I CRIWAL UIJ I KI[SU I JUN:
SUBMITTAL CHECKLIST:
_ Public Hearing Notification
_ Bid Specifications (.file in City Clerk's office)
_ Others
1. Has the resolution, ordinance or agreement been reviewed X Yes —No
by the City Attorney?
2. Does the report require a majority or 4/5 vote? Majority
3. Has environmental impact been assessed? N/A_ Yes _ No
4. Has the report been reviewed by a Commission? NIA _ Yes —No
Which Commission?
5. Are other departments affected by the report? X Yes —No
Report discussed with the following affected departments: Community Services
u_vlCvvCU D1.
Te ce L. Belanger
City Manager
C:1WP601LI N DAKAYIAGEN-9AD3&41.304
Assistant City Manager
George A. Wentz
City Engineer
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: March 4,1997
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Landscaping Assessment District Numbers 38, 39, and 41
ISSUE STATEMENT:
The City desires to continue its annual program for the maintenance of public improvements upon lands within
the City's Landscaping Assessment Districts 38, 39, and 41.
RECOMMENDATION:
It is recommended that the City Council of the City of Diamond Bar adopt the attached Resolutions to initiate
the proceedings for Districts 38, 39 and 41 ordering the preparation of the appropriate engineer reports.
FINANCIAL SUMMARY:
The cost associated with preparation of the Engineer's Reports is $9,250. The Districts also pay for the cost
of the proceedings. There will be no impact on the City's General Fund.
BACKGROUND/DISCUSSION:
The City has an annual program for the maintenance of landscaping as well as open space improvements, and
intends to continue said program by special assessments upon lands within the City. Funds must be provided
to enable District Numbers 38, 39 and 41 to continue their operation during the 1997-98 Fiscal Year.
Proceedings for the maintenance of public improvements will be pursuant to the provisions of the Landscape
and Lighting Act of 1972 of Part 2 Division 15 of the Streets and Highways Code of the State of California.
Prepared By:
David G Liu
C:\WPMUNDAKAYMR-9AD38-41.304
RESOLUTION NO. 97-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE
A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS
IN THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 38 AND
ANY ASSESSMENTS THEREON FOR FISCAL YEAR 1997-98
A. RECITALS.
(i) Heretofore, City of Diamond Bar Assessment District No.
38 was created pursuant to Part 2 of Division 15 of the California
Streets and Highways Code (§ § 22500, et seq.)
(ii) California Streets and Highways Code § 22622 provides
that this Council shall adopt a resolution generally describing any
proposed new improvements or substantial changes in existing
improvements in such a district and ordering the City Engineer to
prepare and file a report related to annual maintenance and
assessments in such a district.
(iii) No new improvements or substantial changes in existing
improvements are proposed for said Landscaping Assessment District
No. 38.
(iv) All legal prerequisites to the adoption of this
Resolution have occurred.
• •.
NOW, THEREFORE, the City Council of the City of Diamond Bar
does hereby find, determine and resolve as follows:
1. The Recitals, as set forth in Part A of this Resolution,
are in all respects true and correct.
2. The City Engineer hereby is ordered and directed to
prepare an annual report as specified in California Streets
and Highways Code § § 22565, et seq., with respect to City of
Diamond Bar Assessment District No. 38 for Fiscal Year 1997-
3. The City Clerk shall certify to the adoption of this
Resolution.
ADOPTED AND APPROVED this day of
MAYOR
1997.
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do
hereby certify that the foregoing Resolution was introduced at a
regular meeting of the City Council of the City of Diamond Bar held
on the day of , 1997, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST:
City Clerk, City of Diamond Bar
c:\wp60\lindakay\reso-97\re5-3897.wpd
RESOLUTION NO. 97-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE
A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS
IN THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 39 AND
ANY ASSESSMENTS THEREON FOR FISCAL YEAR 1997-98
A. RELIT 7.S
(i) Heretofore, City of Diamond Bar Assessment District No.
39 was created pursuant to Part 2 of Division 15 of the California
Streets and Highways Code (§ § 22500, et seq.)
(ii) California Streets and Highways Code § 22622 provides
that this Council shall adopt a resolution generally describing any
proposed new improvements or substantial changes in existing
improvements in such a district and ordering the City Engineer to
prepare and file a report related to annual maintenance and
assessments in such a district.
(iii) No new improvements or substantial changes in existing
improvements are proposed for said Landscaping Assessment District
No. 39.
(iv) All legal prerequisites to the adoption of this
Resolution have occurred.
B. RE SOLU 1
NOW, THEREFORE, the City Council of the City of Diamond Bar
does hereby find, determine and resolve as follows:
1. The Recitals, as set forth in Part A of this Resolution,
are in all respects true and correct.
2. The City Engineer hereby is ordered and directed to
prepare an annual report as specified in California Streets
and Highways Code § § 22565, et seq., with respect to City of
Diamond Bar Assessment District No. 39 for Fiscal Year 1997-
-
3. The City Clerk shall certify to the adoption of this
Resolution.
ADOPTED AND APPROVED this day of r 1997.
MAYOR
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do
hereby certify that the foregoing Resolution was introduced at a
regular meeting of the City Council of the City of Diamond Bar held
on the day of , 1997, by the following vote:
AYES:
COUNCIL
MEMBERS:
NOES:
COUNCIL
MEMBERS:
ABSENT:
COUNCIL
MEMBERS:
ABSTAINED:
COUNCIL
MEMBERS:
ATTEST:
City Clerk, City of Diamond Bar
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CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO. -& � �-
TO: Honorable Mayor and Members of the City Council
MEETING DATE: March 4, 1997 REPORT DATE: February 25, 1997
FROM: Terrence L. Belanger, City Manager
TITLE: A resolution of the City Council of the City of Diamond Bar Authorizing the Submittal of a Fifth Cycle
Used Oil Recycling Block Grant to the California Integrated Waste Management Board
SUMMARY: Since 1992, the California Integrated Waste Management Board (CIWMB) has provided funding
to jurisdictions through the 1991 California Oil Recycling Enhancement Act. The City of Diamond Bar has a
Fourth Cycle Used Oil Recycling Block Grant scheduled to end June 30, 1997. The City's used oil recycling
program has established four centers for residents to recycle their oil, has produced several thousand
promotional items given away free to residents, and has been responsible for diverting about 11,310 gallons
of used motor oil away from landfills, storm drains, land, and surface waters last year. The Fifth Cycle Used
Oil Recycling Block Grant is a continuation of this grant funding program, and it will enable the City to continue
to promote/educate the public and produce educational outreach materials.
RECOMMENDATION: It is recommended thatthe City Council of the City of Diamond Bar adopt the attached
Resolution to authorize the City Manager to submit an application for the Fifth Cycle Used Oil Recycling Block
Grant for Fiscal Years 1997-2000.
LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification
X Resolution(s) _ Bid Specifications (on file in City Clerk's Office)
Ordinances(s) _ Others
_ Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been reviewed X Yes _ No
by the City Attorney?
2. Does the report require a majority or 4/5 vote?
Majority
3. Has environmental impact been assessed?
N/A —Yes —No
4. Has the report been reviewed by a Commission?
N/A Yes —No
Which Commission?
5. Are other departments affected by the report?
N/A —Yes —No
Report discussed with the followina affected departments:
REVIEWED BY:
ql( y X11_ - -
Terre ce L. Belanger
City Manager
CaWP601LINDAKAYIAGEN-97151heyde 304
Frank M.UsKer David G. Liu
Assistant City Manager Deputy Director of Public Works
CITY COUNCIL REPORT
AGENDA NO. _
MEETING DATE: March 4, 1997
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: A Resolution Authorizing Submittal of a Fifth Cycle Used Oil Recycling Block Grant
to the California Integrated Waste Management Board
ISSUE STATEMENT:
To authorize the City Manager to submit an application for a fifth cycle used oil recycling block grant for the
term of June 30,1997 through June 30, 2000, to the California Integrated Waste Management Board(CIWMB).
RECOMMENDATION:
It is recommended that the City Council of the City of Diamond Bar adopt the attached Resolution to authorize
the City Manager to submit an application for the Fifth Cycle Used Oil Recycling Block Grant for Fiscal Years
1997-2000.
FINANCIAL SUMMARY:
At $0.31 per resident, the application to the CIWMB for the purposes of soliciting grant funds will be in the
amount of $17,360. This grant application will be prepared by J. Michael Huls, REA and will be submitted by
no later than March 14, 1997.
BACKGROUND/DISCUSSION:
The City has completed a Curbside Promotion Grant and three years of used oil recycling block grants which
ended on June 30,1996. The Fourth Cycle Used Oil Recycling Block Grant is scheduled to end on June 30,
1997. As a result of the curbside oil collection program, during the period of July 1, 1994 through June 30,
1996, the waste haulers collected 2,470 gallons of used oil. To date, the City's used oil recycling program has
created a network of four centers for residents to recycle their oil, has produced several thousand promotional
items given away free to residents, and has been responsible for diverting about 11,310 gallons of used motor
oil away from landfills, storm drains, land, and surface waters last year (Under Third Cycle: 711/95-6/30/96).
The Used Oil Recycling Program is being implemented by our consultant, J. Michael Huls, REA.
Since 1992, the CIWMB has provided funding to jurisdictions through the 1991 California Oil Recycling
Enhancement Act, These funds have enabled the City to develop and maintain public education and outreach
to residents concerning the improper disposal of used motor oil (see Exhibit A for programs completed under
5th Cycle Used Oil Recycling Block Grant
March 4, 1997
Page Two
Curbside Promotion Grant and Block Grants). The Fifth Cycle Used Oil Recycling Block Grant is a continuation
of this grant funding program, and it will enable the City to continue to promote/educate the public and produce
educational outreach materials. The Block Grant program does not require any matching funds, and costs to
the City are reimbursed through regular (quarterly) reimbursement requests. As in prior years, the City will
contract with J. Michael Huls, REA to implement the grant.
Prepared By:
David G. Liu/J. Michael Huls
C1WP601LINDAKAIICCR-9715Ihcyde 304
Exhibit A
Projects and tasks completed under the Curbside Promotion Grant and the Used
Oil Block Grants.
Developed the "just curb it" campaign targeted residential who change their own
motor oil.
Staff conducted oil recycling events at the following events since 1993:
Diamond Bar Anniversary
Ranch Festival
Concert in the park series
Oil promotional events at certified collection centers (CCCs)
Staff developed and distributed posters, fact sheets (shows the locations of the
CCCs), and oil brochures to auto -related stores to promote the oil program.
Staff distributed educational awareness materials, and promotional items to local
schools.
Staff provides continuous monitoring and technical assistance to the CCCs.
Staff assisted with the promotion and coordination of the Los Angeles County
Household Hazardous Waste Round -Up on October 19, 1996, at Corporate Center
in Diamond Bar. As a result, 900 gallons of used motor oil were collected at the
event.
A telephone hotline was integrated so as to provide an easy mechanism for
residents to report illegal dumping of used oil and other household hazardous waste.
In addition, staff enforced the City code banning illegal disposal of used oil (citation
for any misdemeanor violations).
Staff designed, purchased, and distributed the various education/promotional tools:
autoshades, auto recycler wheels, drink bottles, funnels, T-shirts, sun visors,
magnets, oil decals, pencils, pens, and tote bags.
Staff placed several articles and newspaper ads that promoted proper disposal of
used motor oil.
Staff provides ongoing distribution of used oil recycling kits at City Hall.
Exhibit A
Projects and tasks completed under the Curbside Promotion Grant and the Used
Oil Block Grants.
Developed the "just curb it" campaign targeted residential who change their own
motor oil.
Staff conducted oil recycling events at the following events since 1993:
Diamond Bar Anniversary
Ranch Festival
Concert in the park series
Oil promotional events at certified collection centers (CCCs)
Staff developed and distributed posters, fact sheets (shows the locations of the
CCCs), and oil brochures to auto -related stores to promote the oil program.
Staff distributed educational awareness materials, and promotional items to local
schools.
Staff provides continuous monitoring and technical assistance to the CCCs.
Staff assisted with the promotion and coordination of the Los Angeles County
Household Hazardous Waste Round -Up on October 19, 1996, at Corporate Center
in Diamond Bar. As a result, 900 gallons of used motor oil were collected at the
event.
A telephone hotline was integrated so as to provide an easy mechanism for
residents to report illegal dumping of used oil and other household hazardous waste.
In addition, staff enforced the City code banning illegal disposal of used oil (citation
for any misdemeanor violations).
Staff designed, purchased, and distributed the various education/promotional tools:
autoshades, auto recycler wheels, drink bottles, funnels, T-shirts, sun visors,
magnets, oil decals, pencils, pens, and tote bags.
Staff placed several articles and newspaper ads that promoted proper disposal of
used motor oil.
Staff provides ongoing distribution of used oil recycling kits at City Hall.
RESOLUTION NO. 97-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR AUTHORIZING THE SUBMITTAL OF A FIFTH
CYCLE USED OIL BLOCK GRANT TO THE CALIFORNIA
INTEGRATED WASTE MANAGEMENT BOARD
WHEREAS, the people of the State of California have enacted the California Oil Recycling
Enhancement Act that provides funds to cities and counties for establishing and maintaining local
used oil collection programs that encourage recycling or appropriate disposal of used oil; and
WHEREAS, the California Integrated Waste Management Board has been delegated the
responsibility for the administration of the program within the state, setting up necessary procedures
governing application by cities and counties under the program; and
WHEREAS, the applicant will enter into an agreement with the State of California for
development of the project,
NOW, THEREFORE, the City Council of the City of Diamond Bar authorizes the
submittal of an application to the California Integrated Waste Management Board for a 1997/2000
Used Oil Recycling Block Grant. The City Manager , or his designee, is hereby authorized
and empowered to execute in the name of the City of Diamond Bar all necessary applications,
contracts, payment requests, agreements and amendments hereto for the purposes of securing grant
funds and to implement and carry out the purposes specified in the grant application.
PASSED, ADOPTED AND APPROVED this _ day of , 1997.
MAYOR
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Resolution was introduced at a regular meeting of the City Council of the City of Diamond
Bar held on the _ day of , 1997, by the following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAINED:
COUNCIL MEMBERS:
ATTEST:
City Clerk, City of Diamond Bar, California
C:\WP601LINDAKAY"1RESO-97\iTHCY'CLE.30�i
INTEROFFICE MEMORANDUM
TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL
FROM: TERRENCE L. BELANGER, CITY MANAGER 1 0
RE: PURCHASE AND SALE AGREEMENT BETWEEN CITY OF DIAMOND
BAR AND DIAMOND CREST ESTATES LLC--BREA CANYON ROAD SITE
DATE. MARCH 4, 1997
RECOMMENDATION:
It is recommended that the City Council approve the purchase and sale agreement between the
City of Diamond Bar and Diamond Crest Estates LLC, related to the purchase of surplus property
on Brea Canyon Road. It is further recommended that the City Council authorize and direct the
Mayor to execute said agreement.
DISCUSSION:
The City of Diamond Bar declared 6.0 +/- acres of City -owned land surplus. The surplus land is
located on the westerly side of Brea Canyon Road north of Pathfinder Road. The City received
an offer for the surplus land from Diamond Crest Estates LLC, in the amount of one million three
hundred thousand dollars ($1,300,000.00). Thereafter, the City accepted the offer and directed
staff to prepare a purchase and sale agreement, between the City of Diamond Bar and Diamond
Crest Estates LLC. The purchase and sale agreement has been negotiated, mutually agreed upon
and prepared, by representatives of both parties. With the approval and execution of the purchase
and sale agreement, the City should receive payment for the property on or before March 31,
1997.
PURCHASE AND SALE AGRElKME1VT
X11
JOINT ESCROW INSTRUCTIONS
DIAMOND CREST ESTATES LLC,
a California limited liability company
as "Buyer"
CITY OF DIAMOND BAR, CALIFORNIA,
a California municipal corporation,
as "Seller"
I C92tion
a •
1. SALE OF THE PROPERTY . . . . . . . . . . . . . . . . 1
2. ESCROW . . . . . . . . . . . . . . . . . . . . . . . 1
3. DBPOSITS AND PURCHASE PRICE . . . . . . . . . . . . 2
4. CONDITIONS TO CLOSING . . . . . . . ..— 3
S. CLOSING OF ESCROW . . . . . . . . . . . . . . . . . 7
6. DEFAULTS AND REMEDIES . . . . . . . . . . . . . . . 10
7. REPRESENTATIONS AND WARRANTIES . . . . . . . . . . . 11
a. BROKERS . . . . . . . . . . . . . . . . . . . . . . 13
9. MISCELLANEOUS PROVISIONS . . . . . . . . . . . . . . 14
1
PURCHASE AND SALE AGREEMENT
AM JOINT ESCROW INSTRIICTIONS
To: First American Title Company Escrow No.
114 East Fifth Street ("Escrow")
Santa Ana, California 92702
Attn: Judy Moore
(714) 558-3211
This Purchase and Sale Agreement and Joint Escrow
Instructions ("Agreement") is entered into to be effective as
of March 4, 1997 between DIAMOND CREST ESTATES LLC, a
California limited liability company ("Buyer"), and the CITY
OF DIAMOND BAR, CALIFORNIA, a California municipal
corporation ("Seller"), as follows:
1. SALE OF THE PROPERTY
Buyer agrees to purchase from Seller, and Seller agrees
to sell to Buyer, that real property located in the City of
Diamond Bar, County of Los Angeles, State of California,
consisting of approximately 5.9 (plus or minus) gross acres
of land as more particularly described on Exhibit "A" hereto
and as depicted on Exhibit "B" hereto (the "Property"),
together with all rights, privileges, easements, rights of
way and other appurtenances, if any, inuring to the benefit
of the Property. Each of Buyer and Seller accepts the legal
description of the Property and the Purchase Price (as
defined below) shall not be adjusted if the area is more or
less than 5.9 acres.
2. ZSCROW
2.1 General Instructions. First American Title
Company is hereby designated as escrow holder (the "Escrow
Holder"). Escrow Holder's general conditions or provisions,
which are attached hereto as Exhibit "C", are incorporated by
reference herein; provided, however, that in the event of any
inconsistency between Exhibit "C" and any of the provisions
of this Agreement, the provisions of this Agreement shall
control. Buyer and Seller each shall execute, deliver and be
bound by such further escrow instructions or other
instruments as may be reasonably requested by the other party
or by Escrow Holder from time to time, so long as the same
are consistent with this Agreement. Escrow Holder needs to
be concerned only with those provisions of this Agreement
that instruct it to perform specific acts or with respect to
which escrow holders generally and reasonably would be
expected to act. Escrow Holder shall comply, and shall have
no liability whatsoever for complying, with the unilateral
instructions of only one party without the consent of the
other party hereto if expressly required to do so in this
QAWDODBRIDGEMDCE\cit 2.fn 1
2/19/97
Agreement. Specifically, Escrow Holder shall not be
concerned, liable or responsible for compliance with any of
the following subsections: 4.2 through 4.5 (except as to
applicable time periods), 7, 8 and 9.
2.2 gpening of Escrow. Escrow shall be deemed open
when the Opening Deposit (defined below) and this Agreement,
fully signed by all parties either together or in
counterparts, are delivered to Escrow Holder ("Opening of
Escrow"), which shall occur within five (5) days after
execution of this Agreement. Escrow Holder shall immediately
notify Buyer, Seller and their respective attorneys of the
official date of Opening of Escrow.
3. DEPOSITS AND PURCHASE PRICE
3.1 Purchase Price. The purchase price for the
Property shall be One Million Three Hundred Thousand Dollars
($1,300,000)(the "Purchase Price"), to be paid as follows:
3.1.1 opening Deposit. Concurrently with
delivery to Escrow Holder of a copy of this Agreement signed
by Buyer, Buyer shall deliver to Escrow Holder the sum of
Twenty -Five Thousand Dollars ($25,000.00) in immediately
available Funds (the "Opening Deposit"). The Opening Deposit
and the Additional Deposits, if any, and Closing Funds
(described below) shall all be provided in immediately
available funds in the form of cash or a certified or bank
cashier's check drawn on a reputable California financial
institution (the "Funds").
3.1.2 Disposition of Deposits. Escrow Holder
shall hold the Opening Deposit in an interest-bearing account
selected by Buyer and approved by Seller on a funds
investment form provided by Escrow Holder, subject to
collection. All interest earned on any Deposit shall accrue
to Buyer's benefit. On the expiration of the Contingency
Period, provided this Agreement has not terminated as
provided herein below, Escrow Holder is instructed to release
to Seller the entire amount of the Opening Deposit and all
accrued interest thereon. With full knowledge that Escrow
shall not have closed, Buyer nevertheless agrees to relieve
Escrow Holder of all liabilities in making such payment and
for any failure to recover said sum in the event that Escrow
does not close at anytime thereafter. The Opening Deposit
plus interest thereon shall be (i) applied against the
Purchase Price if Escrow closes under this Agreement,
(ii) returned to Buyer in full, if Escrow does not close for
any reason other than Buyer's default, or (iii) if this
Escrow fails to close under the provisions of this Agreement
as a result of Buyer's default, be retained by Seller and
Q:\W00DBRMGEMCE"y2.fm 2
2/19/97
applied toward the nonrefundable Liquidated Damages under
Section 6.3 below.
3.1.3 Closing Funds. No later than the
business day before Close of Escrow, Escrow Holder shall
calculate and Buyer shall wire Funds into Escrow (using
wiring instructions reasonably satisfactory to Escrow Holder)
in an amount which, when added to any Deposits and all
accrued interest shall equal the Purchase Price plus any
other sums payable by Buyer hereunder (the "Closing Funds").
3.2 8ztension Fees. Provided Buyer has fully
performed all of its payment and other obligations hereunder
and is not then in default under this Agreement, then on or
before , Buyer shall have the right to elect to extend the
Closing Date to no later than March 31, 1997. Such election
shall be made, if at all, by Buyer delivering to Seller (with
copy to Escrow Holder) Buyer's written notice that is elects
to so extend the Escrow together with Buyer's Funds in the
amount of Twenty -Five Thousand Dollars ($25,000.00). All
funds delivered by Buyer to Seller pursuant to this Section
3.2 shall not be refundable and shall not be applied against
the Purchase Price at Closing.
4. CONDITIONS TO CLOSING
Buyer's obligation to purchase the Property is subject
to the following conditions (the "Conditions Precedent"),
which Buyer must approve, disapprove or waive. Buyer's
disapproval shall be made by delivering a reasonably detailed
writing to Seller and Escrow Holder within the applicable
time period set forth below, but in no event later than 12:00
noon (Pacific) on March 7, 1997, as to all Conditions
Precedent (the "Contingency Period") other than the Condition
Precedent set forth in Section 4.4 below, which shall be an
ongoing Condition Precedent. Buyer's failure to so
disapprove any such item within the applicable time period
indicated, and in any case by the end of the Contingency
Period, shall be deemed to constitute approval thereof.
4.1 Title. Prior to the date hereof, Seller has
provided Buyer with a current preliminary title report for
the Property (the "Title Report") prepared by First American
Title Company of Los Angeles, 520 North Central Avenue,
Glendale, California 91203 (the "Title Company"), together
with legible copies of all documents (the "Title Documents")
shown on the Title Report as exceptions affecting title.
Buyer shall have two (2) business days after the Opening of
Escrow to disapprove any exceptions affecting title shown
therein.
4.1.1 seller's Cure Rights. If Buyer timely
disapproves any exception in the manner provided above, then
Q:kW00DBRMGE\DCEkeity2Sm 3
2/19/97
Seller shall have ten (10) days following its receipt of
notice of disapproval to investigate the disapproved item and
notify Buyer and Escrow Holder in writing that Seller either:
(a) will cure the disapproved item prior to
the Closing Date; or
(b) is unable or unwilling to cure the
disapproved item. Seller's inability or failure to elect to
cure any item within the 10 -day period shall be deemed to
constitute Seller's election not to cure.
4.1.2 Suyer's 8lection. If Seller notifies
Buyer and Escrow Holder of Seller's inability or
unwillingness to cure a disapproved exception, Buyer shall
have two (2) business days after receipt of Seller's notice
to notify Seller and Escrow Holder in writing of either:
(a) Buyer's waiver of its prior objection
to the exception and decision to approve same and to proceed
to purchase the Property; or
(b) Buyer's election to terminate Escrow and
this Agreement.
4.1.3 ALTA Title coverage. If Buyer wishes
to obtain an ALTA title insurance policy, Buyer shall notify
Seller and Title Company of that fact and shall deliver to
Seller and Title Company a survey (the "ALTA Survey")
prepared at Buyer's sole cost and expense in compliance with
all applicable ALTA requirements, and in such case Buyer
shall be solely responsible for any costs in excess of those
required for CLTA standard form title insurance coverage.
4.2 Property Documents. Prior to the date hereof and
after the opening of Escrow, Seller shall make available to
Buyer and Buyer shall have the right to review, at Seller's
offices during normal business hours, and to make copies of
all documents or copies of documents pertaining to the
Property that are in Seller's possession, including without
limitation the following documents relating to the Property
which are in the actual possession or control of Seller
(collectively, the "Property Documents"): (i) any soils
reports, engineering tests, environmental or hazardous
substance reports and similar data pertaining to any portion
of the Property; (ii) the most recent property tax bills for
the Property; (iii) any notices, claims, actions, litigation
or complaints from any governmental authority or any private
party pertaining to the Property; (iv) any contracts,
licenses, or governmental approvals (including documents
regarding habitat or natural resources requirements)
regarding or relating to the ownership, operation,
maintenance, repair, improvement and/or development of the
Q:%WOODBRIDOEMDCE\eeyL.Cm
2/19/97
52204, 52228 and 32400, which include the Property, have been
approved by all applicable governmental authorities and are
ready to record.
4.5 I'M IS" Gal*. It is expressly understood and
agreed that Buyer is acquiring the Property "AS IS," in its
present state and condition, without any representations or
warranties from Seller of any kind whatsoever, either express
or implied, unless otherwise specifically provided in this
Agreement. In particular, subject to the foregoing, Seller
makes no representation or warranty respecting the use,
condition, title, operation or management of the Property, or
compliance with any applicable Laws relating to zoning,
subdivision, planning, building, fire, safety, earthquake,
health or environmental matters,.the presence or absence of
toxic or hazardous waste, substances or materia Ls, or
compliance with any covenants, conditions and restrictions
(whether or not of record). Buyer represents that it is
knowledgeable in real estate matters and is relying upon
Buyer's own investigation and analysis in purchasing the
Property. Upon completion of any inspections and tests
provided below, Buyer will have made all of the
investigations Buyer deems necessary in purchasing the
Property. If this Agreement is not terminated and Buyer
acquires the Property as provided herein, Buyer shall have
thereby approved all aspects of the Property and this
transaction and thereby waives and releases any claim or
liability against Seller respecting the Property except in
connection with any warranty or representation of Seller
herein which expressly provides that it will survive the
Closing. Any knowledge of the Property which is communicated
to Buyer or its agents by Seller or its agents or which
actually comes to the attention of Buyer prior to the Close
of Escrow, whether through Seller or due to Buyer's own
investigations, shall be deemed to limit any express
representations and warranties made upon the Closing by
Seller in this Agreement so as to reduce or eliminate any
liability which Seller may otherwise have had as a result of
such representations and warranties.
4.6 Rights Upon Termination. If Buyer terminates
this Agreement and Escrow within the applicable time(s)
provided, then (i) all Deposit(s) shall be returned to Buyer,
(ii) all instruments shall be returned to the party
depositing the same, (iii) Buyer shall return all items
previously delivered by Seller to Buyer, (iv) Buyer shall
provide Seller, at no charge, with copies of any reports,
tests, surveys, studies or data made by or for Buyer
respecting the Property without any representation, warranty
or liability by Buyer (except liability for failure to
provide all such documents to Seller); provided, however,
that Buyer shall not be required to provide Seller with its
proprietary documents and information, including
Q:\wOODBRMEMX-Mcrty2.fm 6
2/19/97
architectural designs, renderings and plans, (v) Buyer and
Seller each shall pay one-half of all Escrow and title
cancellation charges, and (vi) thereafter neither party shall
have any further rights, obligations or liabilities
whatsoever to the other party concerning the Property or by
reason of this Agreement except as provided in Sections 4.3
and 9.10 or otherwise expressly stated in this Agreement to
survive termination.
5.1 Closing Date. Subject to Buyer's rights to
extend the date for Close of Escrow as provided in Section
3.2 above, Escrow shall close on or before March 7, 1997.
The terms "Close of Escrow", "Closing Date" and/or "Closing"
are used in this Agreement to mean the time and,date the
Grant Deed is recorded in the Office of the Recorder of the
county in which the Property is located. Except as provided
in Section 3.2 hereof, the Closing Date shall not be extended
further except by a written instruction signed by Seller and
Buyer.
5.2 Deposits by Seller. At or before 2:00 p.m. on
the last business day before the Close of Escrow, Seller
shall deliver the following to Escrow Holder for handling as
described below; provided, that Escrow need not be concerned
with the form or content but only with manual delivery of all
of the following other than items 5.2.1 and 5.2.2:
5.2.1 Grant Deed. Duly executed and
acknowledged grant deed conveying the Property to Buyer, in
the form of attached Exhibit "D" (the "Grant Deed"), to be
subject only to liens, encumbrances, easements, rights of
way, covenants, conditions., restrictions, and other
exceptions of record shown on the Title Policy described
below;
5.2.2 Additional Items. Any additional
instruments, signed and properly acknowledged by Seller, if
appropriate, as may be necessary to comply with Seller's
obligations under this Agreement.
5.3 Deposits by Buyer. At or before 2:00 p.m. on the
last business day immediately before Close of Escrow, Buyer
shall deliver to Escrow Holder:
QAW00DBRMKM\DCMcily2An 7
2/19/97
5.3.1 Funds. Immediately available Funds by
wire transfer in an amount equal to the Closing Funds
described in Section 3.1.3. Buyer's deposit of Closing Funds
shall conclusively establish that, as to Buyer, Escrow is in
a position to close.
5.3.2 Existence of Authority. If the Buyer
is a corporation, a certified copy of a duly adopted
corporate resolution authorizing purchase of the Property, or
such other certificates or documents as may be reasonably
required in order to issue the Title Policy described in
Section 5.4 and close Escrow;
5.3.3 Additional Items. Any additional Funds
and/or instruments, signed and properly acknowledged by
Buyer, if appropriate, as may be necessary to comply with
Seller's obligations under this Agreement.
5.4 Issuance of Title Policy. At the Close of
Escrow, Title Company shall be in a position to issue
to Buyer, at Seller's expense, with a copy to Seller, a CLTA
Standard Owner's Policy of title insurance (the "Title
Policy"), with liability in the amount of the Purchase Price,
covering the Property and insuring fee title vested in Buyer,
free of all encumbrances, except:
5.4.1 All non -delinquent general and special
real property taxes and assessments;
5.4.2 All exceptions agreed upon by Buyer and
Seller with notice to Escrow Holder pursuant to Section 4.1
above or otherwise.
Buyer at its option may obtain from the Title
Company its ALTA Extended Owner's or Lender's Policy of Title
Insurance, with such additional endorsements as Buyer or its
lender may require, but all additional costs for such
additional coverage shall be borne by Buyer.
5.5 Proration of Taxes and Assessments. All property
taxes and assessments on the Property and any service and
maintenance charges for the Property, whether paid in
installments or not, shall be prorated between Buyer and
Seller as of the Closing Date based on the most current
statements and information available to Escrow Holder or
otherwise provided by Seller, and without regard to any
supplemental or subsequent reassessments. Buyer shall be
responsible for all installments of bonds and assessments
secured by the Property which are due and payable after the
Closing. If the Property is part of a larger tax assessor's
parcel, then the taxes allocable to the Property shall be
determined pro rata based upon the relative acreage. Buyer
and Seller shall also prorate outside of Escrow as of the
QAW00DaxmaEWCE4ay2.fo 8
2/19/97
Closing Date any supplemental taxes levied by reason of
events occurring prior to the Closing, promptly upon receipt
of notice thereof, with Buyer being responsible for any such
taxes resulting from the sale and transfer of the Property to
Buyer.
5.6 Closinc Costs. Seller shall pay the broker's
commission referred to in Section 8 below, that portion of
the premium for the Title Policy equal to the premium for a
standard coverage CLTA Owner's policy, all documentary
transfer taxes, one-half (1/2) of all Escrow costs and fees,
and the cost of recording reconveyances of any existing
monetary encumbrances on the Property. Buyer shall pay for
recording the Grant Deed, one-half (1/2) of all Escrow costs
and fees, any additional costs in connection with an ALTA
Owner's or Lender's Extended Coverage Title Policy (with any
additional endorsements) if elected by Buyer, and any costs
and expenses relating to Buyer's obtaining financing to
acquire the Property. Buyer and Seller shall each bear their
own legal and accounting costs and fees.
5.7 r4sb rsemonts by $scrod Solder. Upon the Close
of Escrow, Escrow Holder shall disburse all Funds deposited
with Escrow Holder by Buyer in payment of the Adjusted
Purchase Price, as follows:
5.7.1 Deduct therefrom all costs, prorations,
deposits and other items chargeable to the account of Seller
pursuant hereto;
5.7.2 Pay the demand of each secured lender
of record based on information provided in advance by Seller;
and
5.7.3 The remaining balance of the Funds
shall be disbursed to or at the direction of Seller promptly
upon the Close of Escrow. If such funds cannot be
transferred to Seller in sufficient time after the Closing
for Seller to invest the Funds itself on the Closing Date,
then Escrow Holder shall hold and invest the Funds overnight
as instructed by Seller.
5.8 Completion and Distribution of Documents. Escrow
Holder shall also undertake the following at or promptly
after the Close of Escrow:
5.8.1 If necessary, Escrow Holder is
authorized and instructed to insert the date Escrow closes as
the date of any documents conveying interests herein or to
become operative as of the Closing Date.
5.8.2 Cause the Grant Deed and any other
recordable instruments which the parties so direct to be
QAW00DaxmaEMncEkcny2.s0 9
2/19/97
BY BUYER. THE PAYMENT OF SUCH AMOUNT IS NOT INTENDED AS A
FORFEITURE OR A PENALTY WITHIN THE MEANING OF CALIFORNIA
CIVIL CODE SECTIONS 3275 OR 3369 OR SIMILAR AUTHORITIES, BUT
IS INTENDED TO CONSTITUTE LIQUIDATED DAMAGES PURSUANT TO THE
REQUIREMENTS OF CALIFORNIA CIVIL CODE SECTIONS 1671, 1676 AND
1677. BUYER AND SELLER AGREE THAT THE AFORESAID SUM IS A
FAIR AND REASONABLE AMOUNT FOR LIQUIDATED DAMAGES FOR SUCH A
BREACH UNDER THE CIRCUMSTANCES EXISTING AT THE TIME THIS
AGREEMENT IS ENTERED INTO. ESCROW HOLDER IS HEREBY
AUTHORIZED AND INSTRUCTED TO RELEASE TO SELLER THE OPENING
DEPOSIT TO BE APPLIED TO SUCH LIQUIDATED DAMAGES IF BUYER
FAILS TO COMPLETE THE PURCHASE OF THE PROPERTY IN A TIMELY
MANNER AS REQUIRED HEREIN AND SUCH FAILURE CONSTITUTES A
BREACH OF THIS AGREEMENT (IF NOT PREVIOUSLY RELEASED
HEREUNDER) UPON THE DELIVERY OF UNILATERAL WRITTEN
INSTRUCTIONS THEREOF TO ESCROW HOLDER BY SELLER, AND ESCROW
HOLDER IS HEREBY RELIEVED OF ALL LIABILITY THEREFOR. IF
BUYER ATTEMPTS TO INTERFERE WITH THE RELEASE OF ANY SUCH SUMS
BY ESCROW HOLDER TO SELLER PURSUANT TO THE IMMEDIATELY
PRECEDING SENTENCE, INCLUDING COMMENCEMENT OF ANY ACTION
AGAINST SELLER OR THE PROPERTY TO RECOVER SUCH SUMS, THEN
SELLER SHALL NOT BE LIMITED IN THE AMOUNT OF DAMAGES IT MAY
RECOVER FROM BUYER. IF BUYER FAILS TO COMPLETE THE PURCHASE
OF THE PROPERTY IN A TIMELY MANNER AS REQUIRED HEREIN AND
SUCH FAILURE CONSTITUTES A BREACH OF THIS AGREEMENT, BUYER
SHALL HAVE NO RIGHT TO SEER OR OBTAIN SPECIFIC ENFORCEMENT OF
THIS AGREEMENT.
Buyer's Initials Seller's Initials
6.6 Seller's Default. In the event Escrow fails to
close due to Seller's default under this Agreement, Buyer
shall be entitled to remedies as available under applicable
law, including specific performance of this Agreement.
7. REPRESEMATIONB AND WARRANTIES
7.1 In General. In addition to any express
agreements of either party contained herein, the following
constitute representations and warranties by each party to
the other, which shall be true and correct as of the date of
this Agreement, the end of the Contingency Period and the
Close of Escrow, and the truth and accuracy by each party
shall constitute a condition to the Close of Escrow for the
benefit of the party to whom such representations and
warranties were made.
7.2 By Each Party. Each party hereto covenants,
represents and warrants to the other as follows:
7.2.1 Authority. Such party has full power
and authority to enter into and comply with the terms of this
QAW00D8xmomDCE\c;ty2.rm 11
2/19/97
Agreement, and the individuals executing this Agreement on
behalf of such party have actual right and authority to bind
that party to the terms of this Agreement.
7.2.2 Binding Effect. No action or consent
which has not been obtained is necessary to make this
Agreement, and this Agreement and all documents to be
executed hereunder are the valid and legally binding
obligations of such party, enforceable in accordance with
their respective terms;
7.2.3 Compliance. To the best knowledge of
such party, this Agreement and that party's performance of
the obligations herein contained do not and will not
contravene any provision of any present judgment, order,
decree, writ or injunction, or any provision of-any Laws
currently applicable to such party, or any evidence of
indebtedness or security therefor or other agreement to which
such party is a participant or by which any of such party's
properties may be bound.
7.3 BY Geller only. Seller represents and warrants
to Buyer, solely for Buyer's information and assistance in
conducting Buyer's own independent investigation of the
Property, that:
7.3.1 Pending Actions. To the best of
Seller's knowledge (i) there is no pending or threatened
condemnation proceeding affecting any roadway adjoining the
Property or otherwise which would mutually adversely affect
the Property, and (ii) there is no litigation, claim,
investigation or other proceeding now pending or threatened
against Seller by any governmental entity or other person
which would materially adversely affect the Property or any
portion thereof. -
7.3.2 No Violations. Seller has received no
notice or claim from any government authority or any private
party relating to a breach or violation of any private
covenants or restrictions, or any governmental laws,
statutes, codes, ordinances, regulations, judgments, permits,
approvals or other requirements (herein collectively, the
"Laws") relating to industrial hygiene, pollution, hazardous
waste, toxic materials, health and safety, pesticides or any
other adverse environmental condition which would materially
adversely affect the Property or any ground water related
hereto.
7.3.3 Haaardous Substance. Except for
substances and chemicals used in the ordinary course of
maintenance and operation of the Property (such as by way of
illustration only fertilizers, weed and pest control agents,
insecticides, cleaning agents and paints) and consistent with
QAWOODBR=e C7e%ciW2.rm 12
2/19/97
California Health and Safety Code Section 25359.7, Seller has
no knowledge of the existence of any underground tanks and
has not generated, treated, stored, released or disposed of
any "hazardous substance" (as that term is defined in
California Health and Safety Code Section 25316), on, under
or about the Property during the time in which the Seller has
owned the Property. Consistent with California Health &
Safety Code Section 25359.7, except for substances and
chemicals used in the ordinary course of maintenance and
operation of the Property. Seller has no knowledge that
there has been used, installed, generated, produced, stored,
or released on, under or about the Property any underground
storage tanks or any "hazardous substance" (as defined
above). Seller's "knowledge" as used in this Section 7.3.3
shall mean the actual present knowledge of Terry Belanger,
City Manager for Seller.
7.3.4 No OQtions. Seller has not entered
into any agreement with any third party creating any option
or right of first refusal to purchase the Property or
regarding any development rights or restrictions relating to
the Property which will affect future development of the
Property after the Close of Escrow, other than as disclosed
in the Title Report.
7.3.5 No Leases. Seller has not entered into
any agreement with any third party to lease all or any
portion of the Property.
7.3.6 Non -Foreign Status. In accordance with
Section 1445 of the Internal Revenue Code, Seller is not now,
and at the Closing will not be, a "foreign person," and Buyer
need not withhold tax at the Closing as a result of this
transfer.
S. BROILERS
Seller represents that it is not represented by a broker
in connection with the sale of the Property. Buyer
represents that it is not represented by a broker in
connection with the purchase of the Property. Seller and
Buyer each represents and warrants to the other that no other
broker or finder or other real estate agent is entitled to
any commission, finder's fee or other compensation resulting
from any action on its part. Each party agrees to indemnify,
defend, protect and hold the other party and the Property
harmless against any liability for any broker's commission or
finder's fee for which it is responsible or which is asserted
as a result of its own act or omission in connection with
this transaction.
Q:XwoonsRMGMDceuay2AM 13
2/19/97
9. M?BCELLMous PROVISIONS
9.1 Assicnment• Eindinc on Successors. This
Agreement shall be binding upon and shall inure to the
benefit of Buyer and Seller and their respective
representatives, successors and assigns. Before Close of
Escrow, Buyer shall have the right to assign its entire
interest in this Escrow to any person or entity directly
controlled by Buyer (i.e., having direct power to control or
direct the decisions and management of such person or entity
becoming the assignee) or to a person or entity acquiring, in
the aggregate, the Property and other property comprising
Tentative Tract Maps 52203, 52204, 52228 and 32400; provided,
however, that (i) any such assignee agrees to assume all
obligations of Buyer under this Agreement accruing or arising
from and after the date of the assignment; (ii) Buyer remains
fully obligated under this Agreement; (iii) prior to any such
assignment, Buyer shall identify to Seller in reasonable
detail the prospective assignee, its principal place of
business, all known names and addresses of its owners, the
nature of business, and other reasonable information
pertaining thereto; (iv) prior to any such assignment, Seller
shall receive copies of the proposed assignment document
showing all material terms of assignment; and (v) promptly
after any such assignment, Seller and Escrow Holder shall be
furnished with copies of the final executed assignment
documents. Except for such permitted assignees, Buyer shall
not have the right to assign this Agreement or any interest
or right under this Agreement or under the Escrow or to
appoint a nominee to act as Buyer under this Agreement
without obtaining the prior written consent of Seller, which
consent shall not be unreasonably withheld, and any such
attempted assignment shall be null and void.
9.2 Fees and Other MWOR2e9. Except as otherwise
provided herein, each of the parties hereto shall pay its own
fees and expenses in connection with this Agreement. In any
dispute or action between the parties arising out of this
Agreement or the Escrow, or in connection with the Property,
the prevailing party shall be entitled to have and recover
from the other party all losses, damages, costs and expenses
(including without limitation court costs and reasonable
attorneys' fees) related thereto, whether by final judgment
or by out of court settlement.
9.3 ADDroval and Notices. Any approval, disapproval,
demand, document or other notice or communication ("Notice")
required or permitted to be given hereunder shall be in
writing and may be served personally, by commercial delivery
or private courier service, or by registered or certified
mail (return receipt requested, postage prepaid), or by
telecopy or facsimile transmission to the respective number
shown below. Any Notice shall be effective (i) upon personal
Q:%W00DBRM0E\DCHkity2.fi, 14
2/19/97
delivery, (ii) when received as indicated by the date on the
return invoice or receipt showing delivery, or (iii) when
sent by or telecopy with receipt telephonically confirmed.
The parties' addresses for Notices are as follows:
To Seller: City of Diamond Bar
21660 East Copley Drive
Diamond Bar, CA 91765
Attn: City Manager
Telephone: (909) 860-2489
Facsimile: (909) 861-3117
Copy to: Richard, Watson & Gershon
333 S. Hope Street, 38th Floor
Los Angeles, CA 90071-1469
Attention: Amanda SusUind, Esq.
Telephone: (213) 626-8484
Facsimile: (213) 626-0078
To Buyer: Diamond Crest Estates LLC
27285 Las Ramblas, Suite 230
Mission Viejo, CA 92691
Attn: Mark L. Frazier
Telephone: (714) 348-8162
Facsimile: (714) 348-8163
Copy to: Arciero & Sons, Inc.
16590 Aston
Irvine, CA 92715
Attn: Frank Arciero, Jr.
Telephone: (714) 221-0510
Facsimile: (714) 221-0517
Copy to: Smith, Silbar, Duffy, Parker &
Woffinden, LLP
19100 Von Karman Avenue, Suite 400
Irvine, California 92612-1539
Attn: Lisa Welch Silbar, Esq.
Telephone: (714) 263-8066
Facsimile: (714) 263-8073
Notice of change of address shall be given by written notice
in the manner detailed in this paragraph. Rejection or other
refusal to accept or the inability to deliver because of
changed address of which no Notice was given shall be deemed
to constitute receipt of the Notice.
9.4 Jurisdiction. This Agreement shall be construed
under the laws of the State of California. The parties
consent to any venue and jurisdiction of any state or federal
court sitting in the judicial district in which the Property
is located.
Q: WOOD Bmc3Mnc ky1fm 15
2/19/97
9.5 Interpretation. All provisions herein shall be
construed in all cases as a whole according to its fair
meaning, neither strictly for nor against either Buyer or
Seller and without regard for the identity of the party
initially preparing this Agreement. Titles and captions are
inserted for convenience only and shall not define, limit or
construe in any way the scope or intent of this Agreement.
References to sections are to sections as numbered in this
Agreement unless expressly stated otherwise.
9.6 Gender. As used in this Agreement, the
masculine, feminine or neuter gender and the singular or
plural number shall each be deemed to include the others
where and when the context so dictates.
9.7 No waiver. A waiver by either party of a breach
of any of the covenants, conditions or agreementh to be
performed by the other party shall not be construed as a
waiver of any succeeding breach of the same or other
covenants, conditions or agreements.
9.8 No41ficatious. Any alteration, change or
modification of or to this Agreement, in order to become
effective, must be made in writing and in each instance
signed on behalf of each party to be charged.
9.9 Severability. If any term, provision, condition
or covenant of this Agreement or its application to any party
or circumstances shall be held, to any extent, invalid or
unenforceable, the remainder of this Agreement, or the
application of the term, provision, condition or covenant to
persons or circumstances other than those as to whom or which
it is held invalid or unenforceable, shall not be affected,
and shall be valid and enforceable to the fullest extent
permitted by law.
9.10 survival. Except as otherwise set forth-herein,
the conveyance of the Property to Buyer shall constitute full
performance and discharge of every representation, warranty
and covenant and agreement of Seller to be performed
hereunder by the Closing. Except as otherwise expressly set
forth herein, all representations or warranties, covenants or
agreements by either Buyer or Seller contained in this
Agreement will terminate and will not survive the Closing.
The representations, warranties, covenants and agreements set
forth in Sections 7.2 and 7.3 above (which shall be deemed to
be remade by Seller as of the Closing if it occurs, subject
to the last sentence of Section 4.5), and those which
contemplate performance after Closing, such as payment and
proration of costs under Sections 5.5 or 5.6, payment of
brokerage fees set forth in Section 8, as applicable, and in
this Section 9 shall terminate two (2) years after the
Closing Date, and all warranties and covenants as to matters
Q;MOODBRMEXDCE\cay2.fn 16
2/19/97
set forth in Section 4.3 shall terminate four (4) years after
termination of this Agreement or Close of Escrow, as
applicable, and no liability shall arise with respect thereto
unless suit is filed by the aggrieved party with respect
thereto within that period.
9.11 Mercer of Prior Agreese is This Agreement
contains the entire understanding between the parties
relating to the transaction contemplated by this Agreement.
All prior or contemporaneous agreements, understandings,
representations and statements, whether direct or indirect,
oral or written, are merged into and superseded by this
Agreement, and shall be of no further force or effect.
9.12 Time of 829enCe. Time is of the essence of this
Agreement.
9.13 Counterparts. This Agreement may be signed in
multiple counterparts which, when duly delivered and taken
together, shall constitute a binding Agreement between all
parties.
9.14 Exhibits. All exhibits attached to this
Agreement are incorporated herein by reference.
9.15 Cooperation of Parties. Each party agrees to
sign any other and further instruments and documents and take
such other actions as may be reasonably necessary or proper
in order to accomplish the intent of this Agreement.
9.16 Prelininary Chang• of oNnership Report. Buyer
shall be fully responsible for all matters in connection with
the filing of a Preliminary Change of Ownership Report in
accordance with California Revenue and Taxation Code Section
480.3.
9.17 No Third Party Beneficiaries. Except as
otherwise expressly provided herein, the provisions of this
Agreement are intended to be solely for the benefit of the
parties hereto, and the execution and delivery of this
Agreement shall not be deemed to confer any rights upon, nor
obligate any of the parties hereunder, to any person or
entity other than the parties hereto.
9.18 Indemnification of Escrow Holder.
9.18.1 Disputes. If this Agreement or any
matter relating hereto shall become the subject of any
litigation or controversy, Buyer and Seller agree, jointly
and severally, to hold Escrow Holder free and harmless from
any Liabilities that may be suffered by it by reason thereof,
except as may arise from Escrow Holder's negligent or willful
misconduct or breach of the escrow instructions. If
Q:%w00nsxroamnc$e42.rm 17
2/19/97
conflicting demands are made or notices served upon Escrow
Holder with respect to this Agreement, except as otherwise
expressly provided in this Agreement, the
ties
agree that Escrow Holder shall be entitled tofileaxsuitsly in
interpleader and obtain a court order requiring the
to interplead and litigate their several claims and rightss
among themselves. Upon the filing of the action in
interpleader, Escrow Holder shall be fully released and
discharged from any obligations imposed upon it by this
Agreement other than the appropriate disposition of funds and
documents and except for its own negligent or willful
misconduct or breach of the escrow instructions.
9.18.2 Docum.nts. Escrow Holder shall not be
liable for the sufficiency or correctness as to form, manner,
execution or validity of any instrument deposited by Buyer or
Seller with it (other than documents prepared bf Escrow
Holder), nor as to the identity, authority or rights of any
person executing such instrument, nor for failure of Buyer or
Seller to comply with any of the provisions of this Agreement
or any other contract or instrument filed with Escrow Holder
or referred to herein.
9.18.3 Title PR icg. Notwithstanding the
foregoing, if Escrow Holder is also acting as Title Company
under this Agreement, nothing set forth in this Section 9.18
shall limit any liability set forth in the Title Policy.
QAWOODBRWGEWCEkit 2Jin 18
2/19/97
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement as of the date first above written.
"SELLER', "BUYER"
CITY OF DIAMOND BAR, DIAMOND CREST ESTATES LLC, a
CALIFORNIA, a California California limited liability
municipal corporation company
By: By: WOODBRIDGE DEVELOPMENT
Its: a California general
partnership,
Attest:
Member/Manager
City Clerk By: SILVEROAK DEVELOPMENT
CORPORAT:LQN, a
California corporation
General Partner
By:
Mark L. Frazier
Its: President
By: WOODBRIDGE
DEVELOPMENT, INC., a
California corporation
General Partner
By:
Todd S. Cunningham
Its: President
By:
Michael W. Kerr
Its: Secretary
By: ARCIERO & SONS, INC., a
California corporation
By:
Its:
Q:%w00naxIDaffMCMcky2.r. 19
2/19/97
"ESCROW HOLDER"
The undersigned acknowledges receipt of this
Agreement and agrees to act in accordance
with all applicable provisions contained herein.
FIRST AMERICAN TITLE COMPANY
By:
Its:
Q:\w00DBamciEx7E\cxy2.rm 20
2/19/97
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
EXHIBIT B
9701712.53, TB, AM -January 24, 1997
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SfTUATED IN THE COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA. AND IS DESCRIBED AS FOLLOWS:
PARCEL 1;
THAT PORTION OF SECTION 17, TOWNSHIP 2 SOUTH, RANGE 9 WEST, SAN BERNARDINO
MERIDIAN, ACCORDING TO THE OFFICIAL, PLAT THEREOF AND MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE GENERAL WESTERLY LINE OF THAT CERTAIN 100
FOOT STRIP OF LAND DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED IN
BOOK 11634 PAGE 114 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, WITH THE SOUTHERLY LINE OF SAID SECTION 17, THENCE ALONG SAID
SOUTHERLY LINE SOUTH 89.4W14" WEST 270.85 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 46.4877" WEST 124.65 FEET, THENCE NORTH 22004'04" EAST 119.78 FEET; THENCE
NORTH 38'0731" EAST 200.85 FEET; THENCE NORTH 34'1571' WEST 83.39 FEET; THENCE NORTH
00'0522" EAST 70.23 FEET; THENCE SOUTH 89.14'40" WEST 181.59 FEET TO A POINT, SAID POINT
BEING CALLED POINT'A' FOR THE PURPOSE OF THIS DESCRIPTION; THENCE CONTINUING SOUTH
89.14.40' WEST 213.41 FEET; THENCE SOUTH 00.4510' EAST 491.00 FEET MORE OR LESS TO THE
SOUTHERLY UNE OF SAID SECTION 17; THENCE NORTH 89.49'14" EAST 355.69 FEET MORE OR
LESS TO THE TRUE POINT OF BEGINNING.
PARCEL 2:
THAT PORTION OF BREA CANYON ROAD SLOPE AREA (FORMERLY A FREEWAY) IN SECTION 17,
TOWNSHIP 2 SOUTH, RANGE 9 WEST, SAN BERNARDINO MERIDIAN DESCRIBED AS PARCEL C1680
IN FINAL ORDER OF CONDEMNATION IN FAVOR OF THE PEOPLE OF THE STATE OF CALIFORNIA,
A CERTIFIED COPY OF WHICH WAS RECORDED AS DOCUMENT NO. 3433 ON NOVEMBER 22,1971
IN BOOK D 5285 PAGE 449 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, WHICH UES WESTERLY OF THE FOLLOWING DESCRIBED UNE:
BEGINNING AT THE INTERSECTION OF THE SOUTHERLY UNE OF SAID SECTION WITH A CURVE
CONCENTRIC WITH AND 77 FEET WESTERLY, MEASURED RADIALLY, FROM THAT CERTAIN 1963.00
FOOT RADIUS CURVE IN THE EASTERLY BOUNDARY OF PARCEL II, AS SHOWN ON MAP FILED IN
BOOK 10 PAGES 66 TO 84 INCLUSIVE OF STATE HIGHWAY MAPS, IN THE OFFICE OF SAID
REGISTRAR -RECORDER; THENCE NORTHERLY ALONG SAID CONCENTRIC CURVE TO A UNE
PARALLEL WITH AND 77 FEET WESTERLY, MEASURED AT RIGHT ANGLES. FROM THAT CERTAIN
COURSE OF SOUTH 9039'00" WEST 604.16 FEET IN SAID EASTERLY BOUNDARY; THENCE NORTH
9'39'00' EAST ALONG SAID PARALLEL UNE 604.10 FEET TO THE BEGINNING OF A CURVE
CONCENTRIC WITH AND 77 FEET WESTERLY, MEASURED RADIALLY, FROM THAT CERTAIN 3963.00
FOOT RADIUS CURVE IN SAID EASTERLY BOUNDARY; THENCE NORTHERLY ALONG SAID LAST
MENTIONED CONCENTRIC CURVE 286.84 FEET.
EXHIBIT "B"
MAP OR DEPICTION OF LAND
7�t FAw'1:
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Order. 00000000040 TOF: 0040 LA Bk -F9 8763 - ` 26 Sht 1 of I
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EXHIBIT "C"
ESCROW GENERAL PROVISIONS
EXHIBIT "C"
You shall deposit all ft=ls received is this escrow in any bank insured by an agency of the United Sntes
Gov==m, including your affiliated bank, First American Trust Company, in one or mote of your general
escrow demand accounts. These funds may be transferred to any other general ,crow demand sunt or
accounts, in the bank named below in Section IS. if federally insured. All disburstmcuts shall be made by your
check You ue authorized not to close escrow or disburse ®mil good fmids have beta conSnned in escrow.
1' • ' • ► u ,. •_ 1•FI_!tr-lel► �
The ezprcuion 'Close of Escrow' used in this escrow means the date of wbich instaumenn referred to herrn
are recorded and relates only to pror dont. andlor arljwomenu unless otherwise sp-CW d.
All pm coons and/or adjusmrenu are to be made on rhe buil of a 30 day month unless otherwise instructed in
writing.
3. RECORDATTON OF MgURW¢NT•
You art authofiztd to record any docurnenrs delivered domgh this escrow, the recording of which is nercuuy
or proper in the iRu., .. of the requested Policy .of Tule lagua c c
«% • ; • . • • r •
NAM tt' _7 gst��:x • 4,71117-7-1. Lot47611
you aro to et.W= tin behalf of the parries hereto form assignments of im a tst in any irrtuemee polfnea (other
than ctle itiniraace) canal for ia*ibL escow; fotward assigncacmu and poling upon dose of eaerow to the
Agent wish the rtquem, £int; that insure; consent to such transfer andlor attach a lou -payable clime and/or
nuke such other additions of txi~t 6cd ms as may have been specifically rogaired bac,, sad eau,$ `thuthe'
A9=1 thereafter forward such pal cies to the parties entitled to them c -
In all acts in this uicxow.i�"" •::
i m ins �• r, including adjustments, if nay. you shall be fury
aPr6tccted inassuming that tach paliey.� iri ftiueto iad that the ntsesury premium has been paid.
S. AUTHORIZATION TO � mrvt"sR Cnvrxc
You art m famish a � of these iai¢»ctiass,
eOPT amertdatemS thereto, closing sutauema and/or any other
docmncus deposited •ia this escrow to Clic hander or leaders. the real estate broker or biolxa. and/or the
attorney or attorneys involved in chis `uansacCoa upon the aquae of the lenders, broken or anorneys_
M.•t
6. PERSONAL PROEER T M "
No examination" or insurabCe as n5"the amount or, paymem of peaaml property rues is m*red unless
sPeciSeslly tegoeseed_
7. R,1GHj0FCMCEi1-At�0M-
lr„. _
Any Pty iattrne>izag'ytru oo t a»c�th s etxt' shall file notice of a^^-lt'^on in your office in wddag. You
Shall within a :atonable time thereafter mail, by certified mail, one copy of the notice to each of the other
paries at the addrtsaes soteiim thU;escrow.. lJnless wdtten objcction to raoccnufou u filed in youi office by a
Parry within tea (10) days iftei the date of mai
hng,.you ate authorized at your option to comply with the entice
and densaad payuaeut: of year Cancellation chaiga as provided is this agreement. If written objection is filed,:-.
you arc authonad at your optiop tv�old all money and instruments in this tsetow smd take no furtber action'
until otherwise dirxted, dtha by the parsesmutual written iasavetiom. or final order of a court of competent
jutisdicdoa.
3. ACTION IN [NtFApy.Fanr,o
The Peres hereto exprealy Agrcd.Wt you, at'etcraw holder, bave the absolute right at your election to file an
action in inter pleader requiringrthe parriesto answer ad litigate their several claims and rights among
themselves and you are authorized --to deposit with the clerk of the count all documents and hmdc held in this
escrow. In the event such schen u, filed. the parties jointly and severally agree to pay your caneelladoti chars”.
GO= and expeast:s. and reasoiiible iitorxey fas.whicb you are rcquircd to expend or incur is the later.pleider .
action, the amount thereof to,be fixed and judgment therefore to be rendered by the court. Upon the filing of
the actioiL you shall tlieretiptin'be fully released std discharged from all obligations to further perform duties
or obligations otherwise imposed by'the term of this escrow.
(revised May 29. 1996)
3. SBM ATION OF AGErfr y n •u C,ATION
10.
it.
12.
13.
14.
15.
16.
17.
If there is oo action taken one ihis escrow within six (6) months ahet the 'time limit date' As set forth is the
escrow insttuccions or written extension thcrcgf, your agc=y obligatioalshatl erminate aryour'tlptibd and all
documents, monies, or other items held by you shall be returned to the parties depositing same.
In the event of caaeelluioa of this escrow, whether it be u the rtT =t of any of the parties or tnherwise, the
fees and chuges due FIRST AMERICAN TrrU INSURANCE CCMPANY, inchading cxpeadimres incurred
aadlor anthorized shall be boruc equany by the pard= hereto (unless odrerwise agreed to specifically).
CONFLICTING INSTR CYTONS•
Shaald you before or after dose of escrow rueive or become aware of any conflicting dcmaods cr claims with
respect to this escrow or the righm of any of the parties hereto, or any money of ProPerry dcpositc� basin or
aff=ted hereby, you shall have Jac right to diseonein e; nay or all further ins on your pare mtil the conflict u
resolved to your satisfaction, `and you shall have the further right to commence or defend toy aetioa or
proeceiiags for the determination of the coaflia as provided id Paagnphs 7 sad 8 of these General Provisions.
F�JPiAS AETAIIVED IN 4 ROW ' '
If for any reason fends sse retiiried in cscsow, you may deduct therefrom 520.00 u a monthly Charge as
gacodua thereof.
J.
You are not to be concerned witq nay qn=tion.of mutt' in any loan acctmbraw= involved in the Qtoeusiag of
this escrow and poli Ike b6rebj ttfiised of lay respcns,%ility or liability.
2NDEb[1Y4i'tFOR ATTORNEYkE _4 ND psis-
rj t 1 1 :t:'•TY
I. the rri<t snit is bt`vaghi-by any putt' m this escrow, including dic'dde essay or ady'otber pally, 'i3 agaibit
each oche of odters' ittclndingihe ctle�ccmpauJ, clarming nay xi the
r g_ Y•_ �y bsrc against tach. othri' or
agz=t the title company. 2bea fn that , the attics hereto a to :
>R�' ."dfi and' hold hacafcss the title
��Y t -Y fees,t d t= y rt. with the exception
AMkZlDh�2iTS TO Flow nlrSTKUCTION& breach by the title
Any uaenimmts or sapplcmeaa,t`o chase escrow instnxdons mtsst be is writing. Thesti.esatrw =tiltetioas`'
constitute the mtirc nctow bet .'the e, row boldo sad the parties hereto. '
ScHer and Bu7ct iei�i0+vledgt;that the subject pruperty may be sabjea to =pplemcmal toes due u a rc=It of
change of owncahip�taaking PUc� through this escrow Any �� ��m dae either rcc ipc Of
a snppiementtlxtax htII will ber`ma'dt by the patties outside of this escrow and escrow holder ip s �tiicd'of int'
liability is cognation with sumo
of negligence or
colllpeny,
pnFr 1MtwARX CFi►Nr'F nrtnwtmv FORI�i
.i .-.. 'i-'• '}} it t
Prior to CIO -.9f c -m- Buyer wild, ie seat a Piclimivary Cbange of OwocrsEip Report, which is izga11ired by ihe_.
County Recon er's•Ofice to 'aceoii-'ia} d&-;amcats called for hcein at the time of recording, is accordance :
with Section 480.3 of the mtre sad Tuuio4 Code. Buyer is awue he must retvta the foam completed and
signed Prior "6-;c of 'eserow. If escrow holder dao not naive this report Poor m close of estrvw, Buyer
authoriaas csatrw bolds to Charge h4-aecouat the $um of 170.00 which is the fet the Coon Records
for rccording.dre Dtx:d.ivithout the eompiced'Eo� • Buyer is hereby put one optics thai the A;scssor t r es
to mail out clic form for compledoa-ls'on if it is hes not been filed a doa:of escxosv. �.1t
GOOD FilNT] 1.Aw• ' c.`'d � r` •1: , .. .
The parties t,nderzmad that all futids to close escrow trust be deposited-= sufficient number of days prior to the
close of escrow in order to comply.. twit), Section 12413.1 of the Wornia lnMrAnce Code..-•Gca:rally: speaidng.,
wire traasferrcd fundi may;'be'dcposiled info our escrow accotmt anytime Prior to tbi.dose oL c -sero+:.!
Cashier s Cheeks end cera`fieq';cbee]at•muit be deposited into our escrow seeot= the business day blare the
close of escrow. r '• , tr:t .. ,. .
For informidoo concerning holds'dii otbcr type of checks• plcue coo=t your escrow officer.
FIRST AMYRICAN'I-M LE .IN'baURANCE COMPANY wu.L NOT BE HELD,' RESPONSIBLE. FOR
REIIYIB[fRSFMSk7VT 'OF ANY`• INTEREST OTERp
R LOSS OF IIYyT BECAUSE FUNDS WERE
DEPOSITED D'ItO V-SCROW BY PERSONA -L AND/OR CORPORATE CHECKS.
(revised May 29, 1996)
. is '' ,•_•�� ..
a.,
18,
19.
20.
ESCROW TRUST FUNDS:
Buyer and Seller aclmowledge that the csctow holder will be depositing W funds in oscrory in a NON-
INTEREST bearing fiduciary account, unless instructed otherwise. Funds will be deposited at one of the
following banks:
BANK OF AMERICA WELLS FARCO BANK UNION BANX
METRO BANK PACIFIC NATIONAL
REPORTING TO THE INTERNA L REVENUE SERVICE:
The Ta Reform Act of 1986 provides that First American 'i isle Insurance Company [Last report to the Internal
Revemoe Service certain information regarding all real estate tranuctiom. • 'Itis information includes, among
other things. the Seller's social sour iry member and/or tax idiarifiatioa ormiber red forwarding address. and
the gross sales price of the cansactioa' This is not a regnirememt g=ermad by Ftrst A=dcan Tide Iiisurancr
Company, bui rather a metas of`i Plying - with the new tax law. This Wcr-3acam —st be provided to First
American True late =d Company -upon the opening of c=ow. noel escrow can= dose; dor an the Deed or
=1 other documents be rccoided umil the info®ation is provided and the sella aai5et the accuracy of the
information in writing. By exccution of these escrow instructions, the parva s:krwlcdge rec6pt of this mticc-
TAX REPORTIriG AND WrIflHOLDIING OBLIGATION OF THE PARTEE-C.
law
Sts¢ hw
In accordance with Sections 18662 and 18668 of the Revetme and Tazaeon Code, a buyer may be
required to withhold an amount oq�al to threetand one-third percent of the sa's price in the case of
theud' osai cti of I~ilif+orriii [til prop n7 inot:ese by deka
1. A iclkr wbo is as individual. with it last /mown strew address cmm l of r,[; mi, or ahea the
dasbarsemear in-ICTI80cm mthOIl :the proceeds be sent to a Financiaof tht-sellef, OR
LL
2 A carpance sella which has rio'pt�anmt pl?ce of busiz is Cilifoau
The bt er miy become subject to penalty fox Caih,m to witLbold an =x= equal to the Eratcr of 10
perr.= of the amount req.-Isi to the withheld or five hundred dollars (S3M.00).
Howeova, tmswuhstmdtng >tayotha ptwisioa included in the r�ret�t3 �tmzs :z6c nd'above; res
bays will be r�aiced oo'withbold any amoum or the sobjax res perilty fcr Silnrs ;o withbrfd if
t:T• •:Ll .. .. ... .. _
1. The sales•pricc.of.dv: Cilifooda mi.propaty-coavead 'act
c'iceed'oii; huA&cd'
rhovsmd 3o11>tis`a(Sll]0,00U.`00), OR' •' r : �. _.... ..
2.: Tbe,'sdlc exti:G t s iniuty cernfinte, under the penalty of pc ;w?, C.Aiiryiaa thionic sea= -
is a cuidmt oEtCsliformia, a if a cmporatim has a pcsmurz ;,'ncr- of butizss in Califomia,
3. `' •The m1ler„ who is individual, cmacutes a wrimea cetiynam, the penalty of perjury.
' that the Cahfaffi seal property being conveyed is the seaer's p-ncpa1 residence (ss defined
in Sem 1034 `orf the Internal Revenue Code):
The kBer is subject to pcmfy for knowingly filing a fiandalau ce-65a- wr the purpose of:avoiding
thewithholding requirement _
...: hh a
The CaLfxma statnnY resfCrexerl above include prainow which awti = tli& Fmmhrse Tax Board
to gnnr ttdueed witLbolc ing:rad wuvas from withholding on a cm -by -case basis.
•
The paraq to dais -transaction should seek to attormy's, aero�_'s a otbcr = specialist's. opinion
concerning tbe'eScct'of c4ig law do this transacion and should not atz ac anp sat�mcscniiGe oi'
onalLmd by the- estrus: or�eliiuug of6ccr. ' i ; :
The Seller may request aivtha by contading:
`
Franchise Tar Board:
Widthold u S
C
OarcrUni'•`c�i' fir •'
P.O. Box 65T
S2cramento—Ca. 95812-0631 - r .�
(916) 845-1900 t i.:
(revised May 29, 1996)
21
22.
Fo(kral Uw
Interred Revenue Code Section 1445 places special rcquirementt f%,= reporting and wiNlwlWag on the
parties to a rel estate trxnracdon where the Seller is a oon-resident alicL a non-domestic rorporaton or
putwuship, a domestic corporation or pannuship controlled by non-residents or non-resident corporations or
partnerships.
With rupcct to both the'Staoe Law and Federal Law rcfcrrcd to above the parties to dtis transaction are
seeking an auorncT's, accountant's or other tax specialist's relying on their own knopinibu cooamirg the effect of these laws on this
transaction or are owledge of these laws. Tbc Putics to this ma:action ue NOT seting
on or rclyiag on any statements made or omitted by the escrow holder, title DM=. or other clomg officer with
respect to -tax reporting orwirbbolding requirements.
NOTICE OFAVA B fTY OPT F m+�IRriMfF
ltnPoretit:t i1e z yurCliue 'or'cchidge`Or cul prapcuty, it may be uMsabl,c to obtain dde insurance in
cc Orr with the dose of cscmw since theme may be prior recorded acro and eacambnnecs which affect
your interest is the Property b,;n;g atguued• A new policy of tide irsuraacc would be obtained is order to
ensure your iattsuc in theproperty Haat you are zcgtartng.
DISCLOSTIiiF OFZ (UAYIS bMtnCATIOIiYrr�taz oc
Internal F VMnue Codr Section 6109(h) imposes rrquiic:m=ts for .
ideata(tea[iou' aombers in tax re:turat on the mag• dlsdtransaal, and iinvol in taxpayer
prdrrided fininei patio to residential tel neem L-aavcdoa involving seller_
erg. The parties tmdnsnnd that the disclosure reportioj raleir--*= are occlusive obliptiots
between rhe pard'_ to this Galt WOO sad thu Flat Amcncaa Tide UwLa� Com t
transmit the tixpi� idetttil5c�tiort atmmbeis m the tY s =t obligated w
r,...,,�r'4cvemtc Scrvic or to t]c;.ae�ies. Fes[ Americads
Tide iasnlaace' Cp(apaaY is sioC .'rtaieeaitrg'mopinion co=ming the *c of this Iaw on chis Lnusactian,' arm
the parries arc not acting On M SU=Dc= made or omitted by the esLmw'cr c dxi�'tit5cei. " - ' "
To facilitate oompliaaF_1 with ,that Iaw, the parties to this c=cw here .
lasuracoe Co to : b7 ret ti a First- Arnerion Tide
mpaay- reky�e ipyt posy's tuaager identuation. nombtr tc nay ,erre ung pzr 4ilio is Y pa
to this trarisacdcn. MucsutLAY _bill deliver a w�riUM rKucst.to csaow. Tis P.tties ficreto`waive i I
tights of oonlidcodilitj tigkrztlltttheir respective taxpayer id,*•�F_�..n rr�bcs `agree CO. -hold Frriti
Amcicarr Tide Iasiiiaoee tom batm(ts agaitst nay fes, eons, err
connection with dee rtclt� of �e. r. _ , J�3�s stizcri and%ot awarded kri •..
Lata tdeati5rstion nnmbcrs.ScueXBuyex's Ini
..1 �~ rt.•`•.t+.i,- .31..1 y t � r ..._
(revised May 29, 1996)
4
• ,
(revised May 29, 1996)
4
EXHIBIT "D"
GRANT DEED
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
MAIL TAY STATEMENTS TO:
GRANT DEED
FOR VALUE RECEIVED, the CITY OF DIAMOND BAR,
CALIFORNIA, a California municipal corporation ("Grantor")
hereby grants to DIAMOND CREST ESTATES LLC, a California
limited liability company ("Grantee"), that certain real
property ("Property") situated in the City of Diamond Bar,
Los Angeles County, described on Exhibit "A" attached hereto
and by this reference incorporated herein.
SUBJECT TO:
(a) A lien not yet delinquent for all real
property taxes and assessments, whether general or special,
against the Property.
(b) All liens, encumbrances, easements, rights of
way, covenants, conditions and restrictions of record or
apparent.
IN WITNESS WHEREOF, the undersigned has executed
this Grant Deed as of , 1997.
CITY OF DIAMOND BAR, CALIFORNIA, a
California municipal corporation
By:
Its•
ATTEST•
City Clerk
STATE OF CALIFORNIA )
ss.
COUNTY OF )
On , 1997, before me,
Notary Public, personally appeared
personally known to me
(or proved to me on the basis of satisfactory evidence) to be
the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his
authorized capacity, and that by his authorized signature on
the instrument the person, or the entity on behalf of which
the person acted, executed the instrument.
NOTARY PUBLIC
[seal]
STATE OF CALIFORNIA )
ss.
COUNTY OF )
On , 1997, before me,
Notary Public, personally
appeared , personally known
to me (or proved to me on the basis of satisfactory evidence)
to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their authorized signature(s) on the
instrument the person(s), or the entity on behalf of which
the person(s) acted, executed the instrument.
NOTARY PUBLIC
(seal)
01TV OP BLAMAlkm n-iB
AGENDA REPORT
AGENDA NO.
TO: Terrence L. Belanger, City Manager
MEETING DATE: March 4, 1997 REPORT DATE: February 27, 1997
FROM: James DeStefano, Community Development Director
TITLE: AWARD OF CONTRACT TO PROVIDE ENVIRONMENTAL MITIGATION
MONITORING SERVICES FOR VESTING TENTATIVE TRACT MAP NOS.
32400 and 52203 (Arciero/Woodbridge Project)
SUMMARY: Vesting Tentative Tract Map Nos. 32400 and 52203 have been approved
for the development of 107 single family homes upon a 45 acre site located adjacent to Brea
Canyon Road. The previously certified Environmental Impact Report outlined environmental
impacts associated with the development and incorporated mitigation measures which must be
monitored for compliance. As construction is scheduled to commence in the near future it is
necessary to employ an environmental consultant to monitor the development activities to ensure
environmental compliance.
RECOMMENDATION: It is recommended that the City enter into a Consulting Services
Agreement with Michael Brandman Associates in the amount of $ 28,310.00.
LIST OF ATTACHMENTS: x Staff Report
Resolution(s)
Ordinance(s)
x Agreement(s)
Public Hearing Notification
Bid Specification (on file in City
Clerk's office)
x Other: Proposal
EXTERNAL DISTRIBUTION: Consultant: Michael Brandman Associates - Michael Houlihan
Developer: Diamond Crest Estates - Frank Arciero, Jr.
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:
Terrence L. B
City Manager
rranx M. usner
Assistant City Manager
James DeStefano
Community Developm nt Director
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: March 4, 1997
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: AWARD OF CONTRACT TO PROVIDE ENVIRONMENTAL
MITIGATION MONITORING SERVICES FOR VESTING
TENTATIVE TRACT MAP NOS. 32400 and 52203 (Arciero/
Woodbridge Project)
ISSUE STATEMENT: Vesting Tentative Tract Map Nos. 32400 and 52203 have been
approved for the development of 107 single family homes upon a 45 acre site located adjacent
to Brea Canyon Road. The previously certified Environmental Impact Report outlined
environmental impacts associated with the development and incorporated mitigation measures
which must be monitored for compliance. As construction is scheduled to commence in the near
future it is necessary to employ an environmental consultant to monitor the development
activities to ensure environmental compliance.
RECOMMENDATION: It is recommended that the City enter into a Consulting Services
Agreement with Michael Brandman Associates in the amount of $ 28,310.00.
FINANCIAL STATEMENT: The project will be funded through fees paid by the
developer to the City. The developer has deposited funds with the City for payment of costs
associated with the consultant services.
BACKGROUND:
The developer, Diamond Crest Estates, LLC (Arciero and Sons Inc. and Woodbridge
Development) has received City approval for the development of 107 single family homes (Tract
No. 32400 - 91 units and Tract No. 52203 - 16 units). The 45 acre site is located adjacent to
Brea Canyon Road and south of the terminus of Rapid View Drive. The project approvals
included a conditional use permit for hillside development, a permit to remove oak trees, and
certification of an environmental impact report.
The environmental services associated with this project originated with the preparation of an
environmental impact report prepared by another environmental service company. The project
is scheduled to commence construction in the near future.
The City solicited proposals from seven qualified environmental consultants to perform the
services necessary to monitor the development.
MBA has been retained by the City to provide mitigation monitoring services for Tract Map
Nos. 47851 and 51169. In addition, MBA has previously been contracted by Los Angeles
County and the City to perform environmental studies within SEA No. 15.
The conditions of approval for VTM 32400 incorporated a five year monitoring period to insure
the successful establishment of the revegetated areas. MBA will establish photodocumentation
stations to monitor the growth of the landscaped areas, perform qualitative surveys, and
determine necessary maintenance measures to insure compliance. MBA will prepare and submit
progress reports to the City.
PREPARED BY:
James DeStefano
Community Development Director
City of Diamond Bar February 1997
Environmental Consulting Services
Mitigation Monitoring for
Vesting Tentative Tract Map Nos. 32400 and 52203
Diamond Crest Estates LLC, Arciero and Sons, Developer
107 lots (tract 32400 - 91 single family detached residential homes)
(tract 52203 - 16 single family detached residential homes)
45 acre site located on Brea Canyon Road, west of the 57 Freeway, north of Pathfinder
Road, adjacent to South Point Middle School.
EIR certified in July 1994, Tract 32400 Project approval in October 1994,
Tract 52203 project approval in November 1996
Grading monitoring
Oak Tree removal
Habitat removal
Revegetation and landscaping
Off-site mitigation
project grading anticipated to begin in March 1997
SCOPE OF CONSULTANT SERVICES:
review EIR, mitigation monitoring program, project conditions, review developer
submittals for environmental compliance (landscape, irrigation, grading plans, etc.),
preconstruction meeting, pregrading monitoring, construction monitoring, written
inspection reports, staff meetings, etc.
CONSULTING SERVICES AGREEMENT
THIS AGREEMENT is made as of by and between the City of
Diamond Bar, a municipal corporation ("City") and Michael Brandman Associates , ("Consultant").
RECITALS
A. City desires to utilize the services of Consultant as an independent contractor to provide
consulting services to the City for Mitigation Monitoring for Tentative Tract No. 32400 as set forth in
Exhibit "A."
B. Consultant represents that it is fully qualified to perform such consulting services by
virtue of its experience and the training, education and expertise of its principals and employees.
NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions
herein contained, the parties hereto agree as follows:
Consultant's Services.
A. Scope of Services. The nature and scope of the specific services to be
performed by Consultant are as described in Exhibit "A."
B. Level of Services/Time of Performance. The level of and time of the specific
services to be performed by Consultant are as set forth in Exhibit "A."
2. Term of Agreement. This Contract shall take effect March 4, 1997, and shall
continue for approximately 5 years, unless earlier terminated pursuant to the provisions herein.
3. Compensation. City agrees to compensate Consultant for each service which
Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit
"A." Payment will be made only after submission of proper monthly invoices in the form specified by
City. Total payment to Consultant pursuant to this Agreement shall not exceed Twenty eisht
thousand three hundred ten and no/100 dollars ($ 28,310.00 ).
4. General Terms and Conditions. In the event of any inconsistency between the
provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall
control.
5. Addresses.
City: Terrance Belanger Consultant:
City Manager
City of Diamond Bar
21660 East Copley Dr., Ste. 100
Diamond Bar, California 91765-4177
COMMDEV4 CAWP5MONTRACTSWBA32400.mm
Michael E. Houlihan
Senior Project Manager
Michael Brandman Asociates
17310 Red Hill Ave., Ste. 250
Irvine, CA 92614-5642
6. Status as Independent Consultant.
A. Consultant is, and shall at all times remain as to City, a wholly independent
contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of
City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have
control over the conduct of Consultant or any of Consultant's employees, except as set forth in this
Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents
or employees are in any manner agents or employees of City.
B. Consultant agrees to pay all required taxes on amounts paid to Consultant
under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments,
penalties, and interest asserted against City by reason of the independent contractor relationship
created by this Agreement. In the event that City is audited by any Federal or State agency regarding
the independent contractor status of Consultant and the audit in any way fails to sustain the validity of
a wholly independent contractor relationship between City and Consultant, then Consultant agrees to
reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and
any appeals relating thereto.
C. Consultant shall fully comply with the workers' compensation law regarding
Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City
harmless from any failure of Consultant to comply with applicable worker's compensation laws. City
shall have the right to offset against the amount of any fees due to Consultant under this Agreement
any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City
any reimbursement or indemnification arising under this Section 6.
7. Standard of Performance. Consultant shall perform all work to the highest
professional standards and in a manner reasonably satisfactory to the City Manager or the City
Manager's designee.
8. Indemnification. Consultant is skilled in the professional calling necessary to
perform the services and duties agreed to be performed under this Agreement, and City is relying
upon the skill and knowledge of Consultant to perform those services and duties. To the fullest extent
permitted by law, Consultant hereby agrees, at its sole cost and expense, to defend, protect,
indemnify, and hold harmless the City of Diamond Bar and its elected officials, officers, attorneys,
agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against
any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings,
expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of
accountants, attorneys, or other professionals and all costs associated therewith, arising or claimed to
arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to
act, error, or omission of Consultant or any of its officers, agents, servants, employees,
subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or
claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to this
Agreement or the performance or failure to perform any term, provision, covenant, or condition of
the Agreement, including this indemnity provision. This indemnity provision is effective regardless
of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate
to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive
the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees
may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to
recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be
COMMDEV4 CAWP51\CONTRAC'rS\MBA32400.mm Page 2
conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Consultant
shall pay Indemnitees for any attorneys fees and costs incurred in enforcing this indemnification
provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass
(a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying
Agreement is subject to Civil Code § 2782(a) or (b) the contracting public agency's active negligence
to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This
indemnity is effective without reference to the existence or applicability of any insurance coverages
which may have been required under the Agreement or any additional insured endorsements which
may extend to Indemnitees.
Consultant, on behalf of itself and all parties claiming under or through it, hereby waives all rights of
subrogation and contribution against the Indemnitees, while acting within the scope of their duties,
from all claims, losses and liabilities arising out of or incident to activities or operations performed by
or on behalf of the Consultant regardless of any prior, concurrent, or subsequent active or passive
negligence by the Indemnitees.
In the event there is more than one person or entity named in the Agreement as a Consultant, then all
obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several.
9. Insurance. Consultant shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, with an insurance company admitted to do business in
California and approved by the City (1) a policy or policies of broad -form comprehensive general
liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any
injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers,
employees, agents, and independent contractors in performance of services under this Agreement; (2)
property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance,
with minimum combined single limits coverage of $500,000.00; and (4) worker's compensation
insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater.
City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the
policy(ies) as to comprehensive general liability, property damage, and automotive liability. The
policy (ies) as to comprehensive general liability, property damage, automobile liability, and
professional liability shall provide that they are primary, and that any insurance maintained by the
City shall be excess insurance only.
A. All insurance policies shall provide that the insurance coverage shall not be
non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional
insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30)
day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise
modify the insurance coverage.
B. Consultant agrees that if it does not keep the insurance in full force and effect,
and such insurance is available at a reasonable cost, City may take out the necessary insurance and
pay the premium thereon, and the repayment thereof shall be deemed an obligation of Consultant and
the cost of such insurance may be deducted, at the option of City, from payments due Consultant.
C. Consultant shall submit to City (1) insurance certificates indicating compliance
with the minimum worker's compensation insurance requirements above, and (2) insurance policy
endorsements indicating compliance with all other minimum insurance requirements above, not less
COMMDEV4 CAWP51TONTRAM MBA32400.mm Page 3
that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be
executed on City's appropriate standard forms entitled "Additional Insured Endorsement".
10. Confidentiality. Consultant in the course of its duties may have access to
confidential data of City, private individuals, or employees of the City. Consultant covenants that all
data, documents, discussion, or other information developed or received by Consultant or provided
for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant
without written authorization by City. City shall grant such authorization if disclosure is required by
law. All City data shall be returned to City upon the termination of this Agreement. Consultant's
covenant under this section shall survive the termination of this Agreement.
11. Ownership of Materials. All materials provided by Consultant in the performance of
this Agreement shall be and remain the property of City without restriction or limitation upon its use
or dissemination by City.
12. Conflict of Interest.
A. Consultant covenants that it presently has no interest and shall not acquire any
interest, director or indirect, which may be affected by the services to be performed by Consultant
under this Agreement, or which would conflict in any manner with the performance of its services
hereunder. Consultant further covenants that, in performance of this Agreement, no person having
any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of
having any interest which would conflict in any manner with the performance of its services pursuant
to this Agreement.
B. Consultant covenants not to give or receive any compensation, monetary or
otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the
performance of this Agreement. Consultant's covenant under this section shall survive the
termination of this Agreement.
13. Termination. City may terminate this Agreement with or without cause upon fifteen
(15) days' written notice to Consultant. The effective date of termination shall be upon the date
specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th)
day following delivery of the notice. In the event of such termination, City agrees to pay Consultant
for services satisfactorily rendered prior to the effective date of termination. Immediately upon
receiving written notice of termination, Consultant shall discontinue performing services.
14. Personnel. Consultant represents that it has, or will secure at its own expense, all
personnel required to perform the services under this Agreement. All of the services required under
this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in
the work shall be qualified to perform such services. Consultant reserves the right to determine the
assignment of its own employees to the performance of Consultant's services under this Agreement,
but City reserves the right, for good cause, to require Consultant to exclude any employee from
performing services on City's premises.
15. Non -Discrimination and Equal Employment Opportunity.
A. Consultant shall not discriminate as to race, color, creed, religion, sex,
marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or
COMMDEV4 CAWP5 1 TONTRACTSWBA32400.mm Page 4
sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will
comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include
but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship.
B. Consultant will, in all solicitations or advertisements for employees placed by
or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified
applicants will receive consideration for employment without regard to race, color, creed, religion,
sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or
sexual orientation.
C. Consultant will cause the foregoing provisions to be inserted in all
subcontracts for any work covered by this Agreement except contracts or subcontracts for standard
commercial supplies or raw materials.
16. Assignment. Consultant shall not assign or transfer any interest in this Agreement
nor the performance of any of Consultant's obligations hereunder, without the prior written consent of
City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations
arising hereunder shall be void and of no effect.
17. Performance Evaluation. For any contract in effect for twelve months or longer, a
written annual administrative performance evaluation shall be required within ninety (90) days of the
first anniversary of the effective date of this Agreement, and each year thereafter throughout the term
of this Agreement. The work product required by this Agreement shall be utilized as the basis for
review, and any comments or complaints received by City during the review period, either orally or
in writing, shall be considered. City shall meet with Consultant prior to preparing the written report.
If any noncompliance with the Agreement is found, City may direct Consultant to correct the
inadequacies, or, in the alternative, may terminate this Agreement as provided herein.
18. Compliance with Laws. Consultant shall comply with all applicable laws,
ordinances, codes and regulations of the federal, state, and local governments.
19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or
more of the conditions of performance under this Agreement shall not be a waiver of any other
condition of performance under this Agreement. In no event shall the making by City of any
payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or
any default which may then exist on the part of Consultant, and the making of any such payment by
City shall in no way impair or prejudice any right or remedy available to City with regard to such
breach or default.
20. Attorney's Fees. In the event that either party to this Agreement shall commence any
legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the
prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including
reasonable attorney's fees and costs, including costs of expert witnesses and consultants.
COMMDEV4 C:\WP51\CONT1ZACTS\MBA32400.nnn Page 5
21. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be
deemed received on (a) the day of delivery if delivered by hand during regular business hours or by
facsimile before or during regular business hours; or (b) on the third business day following deposit
in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or
to such other addresses as the parties may, from time to time, designate in writing pursuant to the
provisions of this section.
22. Governing Law. This Contract shall be interpreted, construed and enforced in
accordance with the laws of the State of California.
23. Counterparts. This Agreement may be executed in any number of counterparts, each
of which shall be deemed to be the original, and all of which together shall constitute one and the
same instrument.
24. Entire Agreement. This Agreement, and any other documents incorporated herein
by specific reference, represent the entire and integrated agreement between Consultant and City.
This Agreement supersedes all prior oral or written negotiations, representations or agreements. This
Agreement may not be amended, nor any provision or breach hereof waived, except in a writing
signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City
will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk.
25. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this
reference.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date
first written above.
"city°
ATTEST: CITY OF DIAMOND BAR
By: By:
City Clerk City Manager
Approved as to form: "CONSULTANT"
By:
City Attorney
By:
Its:
COMMDEV4 CAWP51\C0NTRACTS\MBA32400.tnm Page 6
In consideration of an additional premium of N/A , it is hereby understood and agreed that
the following applies:
THE CITY OF DIAMOND BAR, ITS OFFICERS, EMPLOYEES AND VOLUNTEERS
is/are Additional Insured/s as respects to work done by Named Insured.
[ X ] PRIMARY COVERAGE
With respect to claims arising out of the operation of the Named Insured, such insurance as afforded by this policy
is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the
above Additional Insured/s.
[ X ] NOTIC.E OF CANCELLATION
It is understood and agreed that in the event of cancellation of the Policy for any reason other than non-payment of
premium, 30 days written notice will be sent to the following by mail
CITY OF DIAMOND BAR
21660 E COPLEY DR SUITE 100
DIAMOND BAR, CA 91765-4177
In the event the policy is canceled for non-payment of premium, 10 days written notice will be sent to the
above.
Policy No.: RP06648770
Insurance Company: St. Paul Fire & Marine
Issued to: ichael Brandman Associates
Authorized Representative
M. Wheeler
Effective Date: 02/05/97
Issue Date: 02/05/97
III III II® G EHT RC
I A OFINW
ISSUATE (M"DNY)
:OR A !.G
X. . .. .....
PRODUCER
...... 02105/97
THIS CERTIFICATE IS ISSUED AS A MATTER 0 ....... ......
F INFORMATION ONLY AND
IS SUBJECT TO ALL THE TERMS,
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
Dealey, Renton & Associates
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
License #0020739
POLICIES BELOW. k -
................. ... ............
575 Anton Boulevard, Suite 530
COMPANIES AFFORDING COVERAGE
Cost* Mesa CA 92626
: �
.......
2,000,000
... .......
COMPANY
LETTER A St. Paul Fire & Marine
INSURED
.................................. ......... ..... .......................... ................
COMPAN
LEITER Y B Reliance Nat'l lnd.lCrump
Michael Brandman Associates
OM................
CPANY C
LETTER Fireman's fund
17310 Red Kill Ave Suite 250
........................................ ................... .......... ...............
COMPAN ............... I ......
Y
Irvine CA 92614
LETTER D
.... ...... . . ... ..............................................
COMPANY 111-1-.1 ............................................
E
1,000, 000
LETTER
.. ........ ...... * . .... .... ... .
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED* TO THE
INSURED NAMED 8,0V"EFOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT
OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES
DESCRIBED HEREIN
EXCLUSIONS .-AND -,CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
.. ........ . ...... I ...... .......................... I—_ ..............
IS SUBJECT TO ALL THE TERMS,
I .................................. I ...... .......................
LTR: TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION
.................................. ......
...... ............
DATE (MMIDDNY) DATE (MM/DD/YY)
..........
LIMITS
.... .... I .. ......... ............... ........ .. ... I .......... ........... ......
GENERAL LIABILITY
A RP06648770 11/15/9611/15/97
.: .......................... ..... I ........ ..........................
:GENERAL AGGREGATE
.......
2,000,000
X COMMERCIAL GENERAL LIABILITY
................
CLAIMS MADE . x OCCUR.
a PRCDUCTS-COMPIOP AGG
............................... ....... ..... ....
2,000 000
PERSONAL & ADV. INJURY S
1,000,000
OWNER'S & CONTRACTOR'S PROT.
EACH OCCURRENCE S
..... ............................. w
1,000, 000
............ ....... ...............................
FIRE DAMAGE (Any one fire) $
1,000,000
...... ................................. ........... ... . ... ..... .. ... .. ... .................. ............ ........................
r MED. EXPENSE (Any one person)'s
5,000
AUTOMOBILE LIABLrry ........ ......................
A .. ..... CA06608669 11/15/96 11/15/97
I ........................... ..............................................................
COMBINED SINGLE
X ANY AUTO
LIMIT
1,000,000
ALL OWNED AUTOS
.................. ...... .................................
SCHEDULED AUTOS
BODILY INJURY
(Per person) ES
aX HIRED AUTOS
........ ...... . .... ......... ........ .......... ... ..............
...........
....x NON -OWNED AUTOS
a......
BODILY INJURY
(Per accident) :$
GARAGELIABILITY
................................................ 4-1 ...................
..............
.............................
PROPERTY DAMAGE
........................... ..................... ............. .............
EXCESS LIABILITY ............ .............. ................. ..................
.................. ................. ... .......................................
EACH OCCURRENCE S.
UMBRELLA FORM
........
AGGREGATE
OTHER THAN UMBRELLA FORM
.... .......................... ...............
WORKER'S COMPENSAWN
X STATUTORY LIMITS
C
AND WZP80725390 12/01/96 12/01/97
...... ............... ...... ..... ..................................
EACH ACCIDENT
1,000,000
EMPLOYERS' LIABILITY
w................................
DISUSE - POLICY LIMIT :S
................... ..
1,000,000
DISEASE - EACH EMPLOYEE S
1,000,000
OTHER
Professional Liability NTF2516812 11/15/96 11/15/97
::Per Claim
1,000,000
:Annual Aggregate
1,000,000
DESCRIPTION OF OPERATIONS&OCATK)N&VEHICLEWSPECLAL ITEMS
THE CITY OF DIAMOND BAR, ITS OFFICERS, EMPLOYEES, AND VOLUNTEERS ARE PROJECT: CITY OF
ADDITIONAL INSUREDS AS TO GENERAL LIABILITY,
DIAMOND BAR, CONSTRUCTION
PROPERTY DAMAGE AND AUTOMOBILE MONITORING
LIABILITY. SUCH INSURANCE SHALL BE PRIMARY AS PER POLICY CONDITIONS.
CONSULTING SERVICES AGREEMENT 3VTM 32400
(AIJPR/X)
.S . .. .. ..... * i
HOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED "BEFORE "THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL )DMKM=XZXXXXXX
xx.
CITY OF DIAMOND BAR MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
ATT: TERRANCE BELANGER LEFT. mzxmxKKKX30LVMXXtv=RgK)Goaxu)tmxgxxxxx)meAxKxxmxx=
21660 E COPLEY OR SUITE 100
DIAMOND BAR CA 91765.4177 -r-yrFPT In r)AVO rnn KI -1
M Wheeler
Michael Brandman Associates ENAIT(INNILN [AI. SF^I,'1CLS • Pi_�Nm�:c; • NXIiRAc R�_�ca: r. � A1.;Na(;i•.N1FK
January 29, 1997
James DeStefano
Director of Community Development
21660 E. Copley Drive, Suite 190
Diamond Bar, Cal,ifornia 91765
SUBJECT: Proposal for Mitigation Monitoring for Tract 32400
Dear Mr. DeStefano_
Michael Brandman Associates (MBA) is pleased to provide this proposal for mitigation monitoring for
Tract 32400. Basbd on our meeting on January 24, 1997, MBA understands that the project applicant
has retain Ultrasy" Environmental Incorporated (Ultrasystems) to conduct specific activities related
to mitigation monitoring. MBA is proposing to provide oversight of the completion of all mitigation
measures and conditions of approval that have been approved for Tract 32400, MBA understands that
the Addendum thaf was certified in 1996 for the South Pointe Master Plan did not result in any alterations
to the mitigation uteasures or conditions of approval for Tract 32400. The following is the scope of
work, schedule, and fee for mitigation monitoring.
SCOPE OF WORg
TASK 1: PROJECT MANAGEMENT/COORDINATION/MEETINGS
The MBA Project IMaWer will provide oversight for the implementation of all mitigation measures and
conditions of approval and ensure that reporting and implementation (R&i) forms are prepared. It is
anticipated that the MBA Project Manager will require 30 hours for management and meetings with the
City, Ultrasystems, construction superintendent, and equipment operators to discuss monitoring
procedures, mitigation monitoring reporting, and schedules of construction activities.
The MBA team *ho will provide oversight of construction monitoring will consist of environmental,
biological, and cdltural (paleontological) monitors. The MBA monitors will attend a preconstruction
meeting to oversee construction procedures as they relate to measures in the mitigation monitoring
program.
TASK 11: REVIEW OF PROJECT PLANS AND REPORTS FOR COMPLIANCE WTTJ3
AiTROVED MITIGATION MEASURES
The MBA environmental, biological, and cultural (paleontological) resources monitors will provide a brief
review of applic le plans anti reports submitted by the applicant to the City to ensure compliance with
the approved mitt ation measures and related conditions of approval. MBA will complete R&i forms
1-j10'Zcd l�ill;bcnuc,,Suitt 270, !rvinc. CaliFornia 92614-S(,?_ -i .25t) . 5i55 (;� 714 ..'i(1. iii(
1100 Glendon Menur, Peniha:Lse IS, Los ;'1nzdcs. Calilorni: 3K, . 445-2370 F,%x 31i) .445.21-2
James DeStefano
January 29, 1997
Page 3
• Fire Hazard Reduction/Fuel Management Pian
• Biallogical Resource Removal Program
• Oak Tree Permit
• Grading Plan (reviewing location of preserved native vegetation at grading limits)
• Landscape Plan (reviewing plant palette for project common areas, buffers, irrigation,
and fuel modification zones).
• Water Plan for newly planted areas
• Reyegetation Program for Coast Live Oak Woodland and habitats created that are
associated with the 404 permit and 1603 Agreement (reviewing selected site locations and
copditions, surface runoff management, planting densities, plant sizes, planting ratios,
planting palettes, long-term maintenance and monitoring guidelines, and performance
Standards).
Cniturel Resostrm
It is assumed that) the cultural monitor will spend 2 hours in reviewing the following plan to ensure
compliance with tke approved mitigation measures.
• Cnading Plan
TASK III: PRE -CONSTRUCTION MONITORING
Prior to initiation of onsite clearing and grading, the MBA biological resources monitor will meet with
Ultrasystems' biological monitor to spot check the completion of the following tasks. These tasks would
preserve and pro appropriate resources as specified in the monitoring program.
• Sot check the site to ensure that all grading limits are well defined so that construction
personnel can recognize them during construction activities.
• Spot check the site to ensure that trees (i.e., oaks and wa)nuts) that are located outside
the grading limits can be easily recognized by construction personnel during construction
adtivitics.
• If grading (clearing and grubbing) activities occur on the project site after March 15,
197, MBA will spot check the site after a survey is conducted by Ultrasystems for the
presence of any raptor nests.
James DeStefano
January 29, 1997
Page 5
As an optional taski MBA would provide post -construction monitoring for offsite mitigation requirements
associated with Tract 32400. A definitive scope of work and fee estimate can be provided whets
requested by the City of Diamond Bar.
Following is the specific scope of work for this task.
• NMA will require 50 hours over a five year period to perform project management
activities, and attend up to three meetings with resource agency personnel, the City of
Diamond Bar, the landowner/applicant, and/or other appropriate entities.
• MISA personnel will expend an additional 56 hours providing 6 spot heck site visits the
firit year of monitoring and two spot-check site visits per year during the remaining 4
years of monitoring.
• MBA will prepare a monitoring report for each spot-check site visit to identify
coinpliance with the revegetadon program.
MBA will have the authority, delegated by the City of Diamond Bar, to require any necessary corrections
by the landscape contractor to ensure compliance with the revegetation program requirements and
specifications_ a City of Diamond Bar will be notified by telephone (followed by written memoranda
if necessary) ofany corrective measures necessary to ensure compliance with implementation
requirements and ,1pecifications.
MHA will overs the progress of the onsite revegetation and mitigation sites during the first 5 years
following planting to facilitate the successful establishment of native plant species and compliance with
required growth IliC'ermance standards. MBA will conduct 6 spot-check site visits (once every two
months) during the fust year, and two (semi-annual) spot-check site visits for the following 4 years (16
site visits).
5-9 ULE
For this scope o� work, we have assumed a contract period of 6 months for Tasks 1 through V
commencing in March 1997. Task VI would be conducted over a 5 -year period following completion
of Task IV in the fall of 1997.
PROPOSED_
The following is the fee schedule for the tasks described above.
Task Hours Fees
Task I: P�oject Management/Coordination/Meetings 30 $2,700
Task H: Review Project Plans for Compliance with Approved
Mitigation Measures 26 1,930
Task III: Pae-&nstructioa Monitoring 8 560
James DeStefano
January 29, 1997
Page 6
Task IV: Construction Monitoring 124 9,460
Task V: Monitoring Reports 32 2.240
Sumotal Labor 220 $16,890
Reimbursable Expenses (mileage, mateerials) 1.500
ToW Tasks IN $18,390
Task VI: P t -Construction Monitoring (5 yrs.) 106 8,420
Re�mbur3able Expenses 1-500
Total Task VI $9,920
TOTAL FEES 326 $28,310
We have reviewed the City's current contract provisions and find them acceptable, including the
indemnification aPd insurance coverage sections. We recommend that the City also consider
incorporating a c.1st of living clause into the contract for the Task VI mitigation monitoring work,
allowing the Task VI budget under this contract to be increased by 3 percent on the 1st and 3rd
anniversary of co act execution. Thank you for providing an additional opportunity for MBA to assist
the City of D' lad Bar in ensuring environmental clearance associated with project development
activities. If you ave any questions, please call me_
Sincerely,
MICHAEL BRAODMAN ASSOCIATES
Michael E. Houlihan, AICP
Senior Project M�iager
INTEROFFICE MEMORANDUM
TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL
FROM: TERRENCE L. BELANGER, CITY MANAGERI
RE: ODE TO DIAMOND BAR MOUNTAIN LION SCULPTURE --QUESTIONS
AND ANSWERS
DATE: MARCH 4, 1997
ISSUE.-
Responses
SSUE:
Responses to questions, which were posed, regarding the recently donated mountain lion
sculpture.
DISCUSSION:
The City accepted the offer to donate a mountain lion sculpture made by the Ode to Diamond Bar
Committee. The donation has prompted several questions being posed, related to sculpture.
Those questions and the related responses are attached herewith.
M E M O R A N D U M
DATE, October A, 1996
TO: Terrence Belanger, City Mahagar
FROM: Gary Werner. City COuWIMan
RE: Ode TO Diamond Gar - Declmber Offering
1 am writing In response to your Octobdr 4, 1908 memorandum to the City Council
regarding your anticipation of an offering from the Ode to Diamond Bar of their First
phase sculpture project. Several questions come to mind that I am raising for your
resolution:
1. Mr. Sendib is on record as stating that the aculpturs would not be lit, in response
to my inquiry. However, plans indicate that there is Intent to provide lighting.
This is Contrary to his previous representations. Who will install the lighting?
who will pay for the lighting and maintenance of the lighting?
2. Who VAI Install the sculpture? Who will maintain the sculpture? Who will retain
liability for the sculpture?
3. Plans Indicate a walkway leading up to the sculpture. However, there is no
indication where the walkway leads -from or to? Who will Install the walkway?
4. Is a bullding permit needed for this project? Who will Inspect the construction?
Who will pay for the permit?
5. Will there be any plaques, appliquets or other Identification of names, donors,
contributors, ate. If so, this is not shown on the plans.
e- Whd Is "Ode to Diamond Bart'' Who are the contributors? What is the cost of
the project and the detailed bmbkdown of costs?
7. Is any signing being proposed or requirod-by the Contributors?
8, What Is the scheduling for phases 2, 3 and 47
9. In the absence of a city policy, I suggest that an agreement be drafted to cover
the City's concerns for the contribution, ownership, Ilabliety, maintenance and
other issues be prepared for Council review and action in time so as not to
unduly delay a reasonable answer to the contributor.
CITY OF DIAMOND BAR
MEMORANDUM
TO: Terrence L. Belanger, City Manager
FROM: Anne M. Haraksin, Administrative Assistant
SUBJECT: Ode to Diamond Bar
DATE: February 24, 1997
As requested, below is a response to Councilman Werner's October 9, 1996 questions
regarding Ode to Diamond Bar. The answers are based upon conversations with Mr.
Bendib and members of the Ode to Diamond Bar Committee.
1. Who will install the lighting? Who will pay for the lighting and maintenance of the
lighting?
The Ode to Diamond Bar Committee desires suitable lighting in order to enhance the
visibility of the statue. Draft lighting plans have been submitted by Don Schad. The City
could install and maintain the lighting if such were approved. Monthly lighting bills
should be minimal.
2. Who will install the sculpture? Who will maintain the sculpture? Who will retain
liability for the sculpture?
The Committee's contractor, Mr. Bob Fox, in conjunction with the City will install the
sculpture. The City would maintain the sculpture.
The City will retain liability for the sculpture. The City would purchase property
insurance specifically for the sculpture through the current provider, SCJPIA. Based on
the hypothetical value of the sculpture ($60,000), the insurance would be $24.00 a year
or $.39 per $1,000.
3. Where will the walkway lead to or from? Who will install the walkway?
There are no current plans for a walkway.
4. Is a building permit needed for this project? Who will pay for the permit? Who
will inspect the construction?
The City requires a building permit for the project. However, the permit would be a no -
fee permit.
The City will inspect the construction, in order to insure the project is constructed in
accordance with codes.
5. Will there be any plaques, or identification of names, donors, contributors?
A plaque dedicating the sculpture will be affixed.
The location of the plaque is not known at this time.
Additionally, individuals contributing a certain amount of money ($1,000) will have a
brick affixed to the sculpture base recognizing their contribution.
Page 2
6. Who is Ode to Diamond Bar? Who are the contributors? What is the cost of the
project and the detailed breakdown of costs?
The names of the Ode to Diamond Bar Steering Committee are attached. The
Committee raised money through numerous fundraisers.
Also, attached is the detailed breakdown of costs, excluding the electrical lighting, and
foundation.
Is any signage being proposed or required by the contributors?
None at this time.
8. What is the scheduling for phases 2, 3 and 4?
It is not known whether phases 2 and 3 are to be sculpted. There is no 4th phase.
9. Anticipated cost the committee will be paying for the dedication? What is the
anticipated participation?
The anticipated cost for the dedication is provided ( detailed breakdown). A list of the
individuals participating in the dedication is not complete.
Ode to Dian xmd Bar Steering Corrunittee
Co -Chairs
• Sadie D'Agnenica, 860-3663, Owner of D'Antonio's Restaurant, 808 No. Diamond
Bar Bvd. H: 606-0782, Fax 860-8051
• Maya Lalvani, 86t-6741, 2000 Chestnut Creek Road, Diamond Bar, CA 91765, Fax
396-8620; Uncle: (714) 443-0731
S S m A ood, AQMD spokesman, H: 624-2451, W: 396-3687, Fax 396-3735,2306 San
Benito Court, Claremont, CA 91711
'It-easurer.
• Song Chin, 861-4566,1007 Quiet Creek Diamond Bar, CA 91675; W: (310) 922-6453;
FAX (310) 922-6630
Members:
• Jerry Boykin, President, Chamber of Commerce, W: 396-9615; FAX 396-1746; Elsa
Boyken, W: 861-9664, Vineyard Bank
• Dr. James M. Lents, Ph.d., AQMD, 396-2100 (Bing), FAX 396-3340,
Jlerrts@AQMD.Gou, 8W-2286,21573 Ambushers St., Diamond Bar, Ca 91765
• Kathy Newe, President, Friends of the Library, (310) 945-2445, FAX (310) 698-8972,
629-2711
• Jack Newe, 861-2800, President, Diamond Bar Historical Society, President of
Century 21 EN Realty of Diamond Bar, FAX 861-2443
• Bob Zirbes, (818) 58&7640,861-5231, Diamond Bar Improvement Association, 2141
Tierra Loma, Fax (818) 580-7646
• Nympha Grubbs, H: 860-9707, W: 595-1448,23357 East Wagon 'Trail road, Diamond
Bar, CA 91765
• Esther Rappocelli, 590-0251,10 GreenLeaf PI, Phillips Ranch, CA 91766
ODE TO DIAMOND BAR
Cost breakdown for -Cougar sculpture.
to date
Artist
$35,000
Foundry
$16,050.00
Shilo Inn - Fundraising dinner site
$4,500.00
Other fundraising costs
$1,336.87
Marble slab for bronze marquee
$150.00
Miscellaneous
$77.13
Total expenditures
$57,114.00
Estimate amount of money raised
$57,223.00
Pro.jected cost of dedication
Invitations (printing, mailing)
$300.00 (Donated)
Publicity in media
Free
Refreshments
$100.00 (Donated)
City of Diamond Bar
MEMORANDUM
DATE: February 28, 1997
TO: Terrence L. Belanger, City Manager],
FROM: Bob Rose, Community Services DirectorZ/g/q-7
SUBJECT: Parks and Recreation Commission Meeting of February 27, 1997
The following is the Commission response regarding the matter of Ode to Diamond Bar -
Cougar statue, that was referred to them by the City Council. The City Council requested
that the Commission discuss and review the approved plan to place a donated sculpture of
a cougar at Summitridge Park.
"The Parks and Recreation Commission concurs with the need to obtain the complete
answers to Councilman Werner's questions. The Commission believes it does not have
enough information to be able to comment further on this project".
Please let me know if you have any questions.
1
2.
MINUTES OF THE BOARD OF DIRECTORS DRAFT
REGULAR MEETING OF THE DIAMOND BAR REDEVELOPMENT AGENCY
FEBRUARY 18, 1997
CALL TO ORDER:
Vice Chair Huff
ROLL CALL: Ansari, Harmony, Herrera, Vice -
Chairman Huff, Chairman Werner
absent.
Also present were: Terrence L. Belanger, Executive Director; Frank
Usher, Assistant City Manager; Amanda Susskind, Assistant Agency
Attorney; James DeStefano, Community Development Director; Bob
Rose, Community Services Director and Lynda Burgess, Agency
Secretary.
2. PUBLIC COMMENTS:
None offered.
3. CONSENT CALENDAR: AM/Harmony moved, AM/Ansari
seconded, to approve the Consent Calendar. Motion carried by the following
Roll Call vote:
AYES: AGENCY MEMBERS - Ansari, Harmony, Herrera, VC/Huff,
NOES: AGENCY MEMBERS - None
ABSENT: AGENCY MEMBERS - C/Werner
3.1 APPROVED MINUTES - Regular Meeting of February 4, 1997 as
submitted.
3.2 APPROVED VOUCHER REGISTER - Dated February 18, 1997 in the
amount of $207.03.
4. PUBLIC HEARINGS: None
5. OLD BUSINESS: None
6. NEW BUSINESS: None
7. AGENCY MEMBER COMMENTS: None
8. AGENCY SUB -COMMITTEE REPORTS: ACM/Usher reported that the
subcommittee to review the Redevelopment Agency consists of representation
from WVUSD, PUSD, L.A. County, D.B. Chamber of Commerce, Pomona First
Federal, D'Antonio's Ristorante and CalTrans.
FEBRUARY 18, 1997 PAGE 2
RDA
9. ADJOURNMENT: There being no further business
to conduct, VC/Huff adjourned the Redevelopment Agency meeting at 7:33 p.m.
LYNDA BURGESS
Agency Secretary
ATTEST:
Vice Chairman
DIAMOND BAR REDEVELOPMENT AGENCY
INTEROFFICE MEMORANDUM
TO: Chairman Werner and Board of Directors
FROM: Linda G. Magnuson Al
;Accounting Manager
SUBJECT: Voucher Register, March 4, 1997
DATE: February 27, 1997
Attached is the Voucher Register dated March 4, 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 totalling $6,385.39 is hereby
allowed from the Diamond Bar Redevelopment Agency Fund.
APPROVED BY:
Linda G. Ma uson
Accounting Manager
.4 /n
r J
Terrence L. Belanger
Executive Director
Gary H. Werner
Chairman
Robert S. Huff
Vice Chairman
2 -
T��............O3�4/��
VEND
OK NAME vEN-1-,0R ID. 1AlD ^ '
ACCOUNT ��.TX-� ��H PO.LlNBN . EN)x,/O� IN�ICE P-, TIN ��NT DATE CHECi
--------__- —_____' _—'_'—''---___'_-- --''_''--_—__--_--_'--'—_—_____'_—'
Califmrnia Redevelopment CalRedvIp
�/-.'4
,Osen3w Sevacek 3r:iup Rosenow
70304A 00.11511,83' ().'3/04 5099
Pubido'Intro To Redvlpmt 27.56
r0TAL VENDO8 ----> 27.56
Phase2Feas,blityStdy Jam 6,357.83
TOTA PREPAID ------'> 0.00
rUTAL DUE -------'} 6,385.39
TOTAL REPORT ------> 6.05.39
RUN TIME.' 11:51 02,27/97 v J : C y E S T E
DUE ��u.............O3/C4�7
DISBUKS[ S/L ---iE wlLL ��,uST 3JE HAS POS''.ED FUr�R� -�AhSACT���
FUND TOTAL GlRECT PAY REvEIIE [XPEmSE KE010E EXPENSE REVEwJE E*,�PEoSE
''—'------------'---- --------- —'--' -----------'--'---'---------''--'''
082 6'385,39 6'305.39
TOTAL------ ------ —'----- ------ '-----' ------ ------ ------