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HomeMy WebLinkAbout12/15/1998Cit�y colotnCtr AGENDA Tuesday, December 15,1998 5:00 p.m., Closed Session CC -8 6:30 p.m. Regular Meeting South Coast Air Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, California 91765 Mayor Mayor Pro Tem Council Member Council Member Council Member City Manager City Attorney City Clerk Wen Chang Debby O'Connor Eileen Ansari Carol Herrera Bob Huff Terrence L. Belanger Michael Jenkins Lynda Burgess Copies of staff reports, or other written documentation relating to agenda items, are on file in the Office of the City Clerk, and are available for public inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 860-2489 during regular business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking, eating or drinking in the Council Chambers. The City of Diamond Bar uses recycled paper and encourages you to do the same. DIAMOND BAR CITY COUNCIL RULES (ALSO APPLIES TO COIV IISSION AND CONMTTEE N EETINGS) PUBLIC INPUT The meetings of the Diamond Bar City Council are open to the public. A member of the public may address the Council on the subject of one or more agenda items and/or other items of irderest which are within the subject matterjurisdiction of the Diamond Bar City Council. A request to address the Council should be submitted in person to the City Clerk. As a general rule the opportunity pity for public cormrterrts 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 oftime 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 towards Council Members or other citizens. Comments which are not conducive to a positive business meeting enviraanart are viewed as attacks against the entire City Council and will not be tolerated Your cooperation is lily 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 chatters to be acted on by the City Council must be posted at least 72 hours prior to the Council meeting. In case of emergency, or when a subject matter anises subsequent to the posting of the agenda, upon making certain fundings 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 staffthereo& tending to intemtpt 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. Malay 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. THIS MEETING IS BEING BROADCASTLIVE BY CENTURY COMMUNICATIONS FOR AIRING ON CHANNEL 12, AND BY REMAINING IN THE ROOM, YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED. THIS MEETING WILL BE RE -BROADCAST ON THE SATURDAY FOLLOWING THE COUNCIL MEETING AT 9:00 A.M. ON CHANNEL 12. 1. CLOSED SESSION: 2. 3. CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: Church Next Resolution No. 98-69 Next Ordinance No. 04(1998) 5:00 p.m. CC -8 City Manager Evaluation 6:30 p.m., December 15, 1998 Cub Scout Troop 730 Ab Kastl, Diamond Canyon Christian ROLL CALL: Council Members Ansari, Herrera, Huff, Mayor Pro Tem O'Connor, Mayor Chang APPROVAL OF AGENDA: Mayor SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Presentation of Certificate of Recognition to Shirley Leon -Seymour, member of the Community Volunteer Patrol. 3.2 Presentation by Airtouch Cellular of two cell phones to the Community Volunteer Patrol. 3.3 Presentation of Certificate of Recognition to Tom Van Winkle, graduate of North Orange County Leadership Institute, Class of 1998. 3.4 Video presentation by D.B. Improvement Assn. (Bob Zirbes and Michael Goldenberg) regarding "Paint Our Town." BUSINESS OF THE MONTH: 3.5 Presentation of City Tile to Dr. Bill G. Coker, D.D.S. 4. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is voluntary) There is a five DECEMBER 15, 1998 PAGE 2 minute maximum time limit when addressing the City Council. 5. SCHEDULE OF FUTURE EVENTS: 5.1 PARKS & RECREATION COMMISSION - December 17, 1998 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.2 CHRISTMAS HOLIDAY - City Offices will be closed Thursday, December 24 and Friday, December 25, 1998 in observance of Christmas Holidays. Will reopen Monday, December 28, 1998. City Hall will also be closed Friday, January 1, 1999 for New Year's Day and will reopen January 4, 1999. 5.3 HOLIDAY TREE RECYCLING - January 4-18, 1999 - Recycling of holiday trees through your disposal company. 5.4 CITY COUNCIL MEETING - January 5, 1999 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.5 FIELD TRIP - Community Center/Civic Center Task Force - January 9, 1999 - 8:00 a.m. - 5:00 p.m. 6. CONSENT CALENDAR: 6.1 APPROVAL OF MINUTES: 6.1.1 Joint Study Session with Parks & Recreation Commission - Approve as corrected. 6.1.2 Regular Meeting of November 17, 1998 - Approve as submitted. 6.1.3 Regular Meeting of December 1, 1998 - Approve as submitted. Requested by: City Clerk 6.2 PARKS & RECREATION COMMISSION MINUTES: 6.2.1 Regular Meeting of September 24, 1998 - Receive & File. 6.2.2 Regular Meeting of October 22, 1998 - Receive & File. Requested by: Community Services Director 6.3 VOUCHER REGISTER - Approve Voucher Register dated December 15, 1998 in the amount of $706,055.86. Requested by: City Manager DECEMBER 15, 1998 PAGE 3 6.4 TRANSMITTAL OF COMPREHENSIVE ANNUAL FINANCIAL REPORT AND FINAL AUDIT REPORTS FOR THE YEAR ENDED JUNE 30, 1998 - The Finance Department, in concert with the independent auditing firm of Conrad & Assoc., L.L.P., has prepared the FY 97-98 Comprehensive Annual Financial Report. Once again, the City will be submitting its Annual Report to the California Society of Municipal Finance Officers and to the Government Finance Officers Assn. certificate of excellence award programs. (The City has received both awards for the past three consecutive fiscal years). Recommended Action: It is recommended that the City Council receive and file the Comprehensive Annual Financial Report and Final Audit Reports for FY 97-98 as prepared by the Finance Department and Conrad & Assoc., L.L.P. Requested by: City Manager 6.5 CLAIM FOR DAMAGES - Filed by David Edwards on November 20, 1998. Recommended Action: It is recommended that the City Council deny the Claim for Damages filed and refer the matter for further action to the City's Risk Manager. Requested by: City Clerk 6.6 RESOLUTION NO. 98 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR PARK IMPROVEMENTS AND ADA UPGRADES FOR RONALD REAGAN PARK AND HERITAGE PARK, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS - Heritage and Ronald Reagan parks have been scheduled for ADA retrofit/upgrades in FY 98-99. The work consists of walkway improvements, playground equipment, ADA accessible amenities, parking lot slurry seal/striping, architectural ADA upgrades for restrooms and the Community Center building at Heritage Park. Plans and specifications for the project have been prepared. Recommended Action: It is recommended that the City Council adopt Resolution No. 98 -XX approving plans and specifications for park improvements and ADA upgrades for Ronald Reagan and Heritage Parks and authorize and direct the City Clerk to advertise to receive bids. Requested by: Public Works Division 6.7 RESOLUTION NO. 89-107A: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING RESOLUTION NO. 89- DECEMBER 15, 1998 PAGE 4 107, ESTABLISHING A DEFERRED COMPENSATION PLAN FOR THE EMPLOYEES OF THE CITY OF DIAMOND BAR - In November 1989, Council adopted Resolution No. 89-107 establishing a deferred compensation plan for City employees. Under the initial plan, all 457 plan assets were considered the property of the employer and were, technically, available to the entity's creditors in the case of bankruptcy or default. Section 457 was amended in the Small Business Job Protection Act of 1996 (SBJPA) to require that these assets be held in a trust, custodial account or annuity contract insulated from the entity's creditors. ICMA notified the City of the required changes in the plan document in November 1996 and sent a tentative revised "Plan and Trust Document" (pending Private Letter Ruling by the IRS). Due to provisions in the City's initial 457 plan document, the revised plan document was deemed adopted by the City 30 days after notification unless the City notified ICMA of its desire to find an alternate solution. Since the City saw no reason to seek out any alternative methods for establishing the needed trust, the City chose to let the new trust agreement go into effect by default. For procedural reasons, the new "Plan and Trust Document" is being brought to Council for adoption. Recommended Action: It is recommended that the City Council adopt Resolution No. 89-107A amending Resolution No. 89-107 establishing a Deferred Compensation Plan. Requested by: City Manager 6.8 RESOLUTION NO. 98 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING PAYMENT BY THE AGENCY FOR PART OF THE COST OF THE INSTALLATION AND CONSTRUCTION OF STREET IMPROVEMENTS - On February 17, 1998, Council and the Redevelopment Agency approved Advance and Reimbursement Agreement No. P1 in the amount of $328,120 to award engineering design contracts for various improvements located within the Economic Revitalization Area. A contract for $150,810 (including contingency) was awarded to Dewan, Lundin & Assoc. for engineering design services related to improvements to Brea Canyon Rd. between Pathfinder and the southerly City limits. At the time of the original contract award, staff contacted Caltrans to discuss the possibility of improving the State right-of-way area on the westerly side of Brea Canyon Rd. Since that time, an agreement has been reached between the Redevelopment Agency and Caltrans. Therefore, a contract amendment for this project in the amount of $34,695 is being proposed to incorporate this area as a part of the improvement project. DECEMBER 15, 1998 7. V. PAGE 5 Recommended Action: It is Council adopt Resolution No. Reimbursement Agreement No Redevelopment Agency in the Requested by: City Manager PUBLIC HEARINGS: 7:00 p.m., matters may be heard. recommended that the City 98 -XX approving Advance and P2 with the Diamond Bar amount of $34,695. or as soon thereafter as 7.1 CONTINUED PUBLIC HEARING - REVIEW OF DRAFT SUBDIVISION ORDINANCE (Continued from December 1, 1998) - A subdivision of land for the purpose of sale, lease or finance is governed by the California Subdivision Map Act. Upon incorporation, the City adopted the L.A. County Subdivision Code to guide citizens, developers and decision makers through the process of land subdivision. A new Subdivision Code has been drafted specifically tailored for the City. The Planning Commission has reviewed the draft and recommends adoption by the City Council. Recommended Action: It is recommended that the City Council receive a presentation from staff, re -open the public hearing, receive testimony and continue the hearing to January 5, 1999. Requested by: Planning Division OLD BUSINESS: 8.1 AMENDMENT NO. 1 TO THE RECREATION CONTRACT WITH CITY OF BREA - Council awarded a contract to the City of Brea on August 18, 1998 in the amount of $518,357 to provide recreation services to the community. Staff is proposing this amendment to provide for improved services to the community and flexibility in administration and management of the contract. Recommended Action: It is recommended that the City Council approve Amendment No. 1 to the Recreation Services Contract with the City of Brea and authorize the Mayor to sign the Letter of Understanding. It is further recommended that the City Council approve a contingency for the contract in the amount of $10,000 (1.90 of the total contract). Requested by: Community Services Division 8.2 EXTENSION OF CONTRACT FOR VENDOR SERVICES WITH THE CITY OF BREA - Under current purchasing guidelines, it is necessary to seek Council approval when awarding a vendor DECEMBER 15, 1998 PAGE 6 contracts for products/services above $10,000. Since the City previously awarded the City of Brea a contract for recreation services in the amount of $518,357, any additional services rendered by the City of Brea, for any purpose, must also be authorized. Recommended Action: It is recommended that the City Council authorize an additional $4,800 to the City of Brea for information technology technical support. Requested by: Communications & Marketing Division 8.3 DISCUSSION OF OFF-SITE PARKING RECOMMENDATIONS 1 AND 5 - 8.3(a) RESOLUTION NO. 98 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING CODE ENFORCEMENT OFFICERS OF THE CITY OF DIAMOND BAR TO ENFORCE CITY PARKING REGULATIONS - Council reviewed the Off -Site Parking Task Force Recommendations during a Study Session and Town Hall Meeting. The Task Force's Motion One was to increase the enforcement of existing Municipal Code parking violations. Staff recommended various options to increase the enforcement of these regulations. Based upon Council review of Motion One, staff was directed to develop the necessary authorization to allow the Code Enforcement Officer to issue parking citations, develop a cost estimate to provide an overtime L.A. County Deputy Sheriff, on a quarterly basis, to work during the evening and night to issue traffic citations throughout the community, and to develop a volunteer Code Enforcement Officer effort to assist in parking enforcement. Recommended Action: It is recommended that the City Council: (a) Adopt Resolution No. 98 - XX Authorizing Code Enforcement Officers to enforce City Parking Regulations; (b) authorize the expenditure of $830 for the remainder of the FY for quarterly enforcement of parking citations for an overtime Deputy Sheriff; and (c) direct staff to implement a volunteer Code Enforcement Officer program to assist in enforcement of parking regulations. 8.3(B) ORDINANCE NO. 0X(1998): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING A PARKING PERMIT PROGRAM - At the Council meeting of July 21, 1998, the Final DECEMBER 15, 1998 PAGE 7 Report and Recommendations of the Off -Site Parking Task Force were forwarded to Council for review and discussion. The proposed Ordinance relates to the Task Force's Motion Five to "Consider Dispensation/Permit Program for Parking Unattached Trailers and Boats on City Streets for a period of Twenty -Four Hours." After review of Motion Five at the Study Session on September 1, 1998, and at the Town Hall Meeting on November 7, 1998, staff recommends that Council consider this Ordinance to develop and administer Annual, Temporary, and Twenty -Four Hour Parking Permits. The three permits would meet the diverse needs of the entire residential community, including those residents who live in designated, restricted parking areas. Recommended Action: It is recommended that the City Council set January 5, 1999 for First Reading of Ordinance No. 0X(1998) establishing a Parking Permit Program Requested by: Public Works Division 8.4 APPROVAL OF ANIMAL CONTROL CONTRACT WITH INLAND VALLEY HUMANE SOCIETY FOR JANUARY 1, 1999 THROUGH JUNE 30, 2001 - Upon incorporation, the City contracted with the Pomona Valley Humane Society to provide animal control services. The Humane Society recently changed its name to the Inland Valley Humane Society. The City previously amended the contract to continue the term and/or provide for cost -of -living increases. After a review of services provided by the Humane Society and L.A. County Department of Animal Control, it is recommended that the City continue contracting with the Inland Valley Humane Society. Supplement No. 6 continues the contract for thirty months, an increase in monthly billings by $402.75. The increase provides for full-time health care staff which consists of a licensed veterinarian and registered veterinarian technician and a 1.2% cost -of - living increase for the 97-98 year. To terminate the contract, a ninety day notice is required. Recommended Action: It is recommended that the City Council approve Supplement No. 6 to the Agreement for Animal Control Services with Inland Valley Humane Society and authorize the Mayor to execute the contract. Requested by: City Manager DECEMBER 15, 1998 9. NEW BUSINESS: PAGE 8 9.1 CONSIDERATION OF A POLICY TO INSTALL VENDING MACHINES IN CITY PARKS - A recommendation for a policy to install vending machines in City parks was approved by the Parks & Recreation Commission on May 22, 1997. On October 22, 1998, the current Commission reaffirmed the vote of the prior Commission. Installation of vending machines in the City's parks would generate revenue in the amount of approximately $10,000 a year for the parks system. With approval of a policy, staff will be authorized to release a Request for Proposals (R.F.P.) to solicit vending machine providers. Prior to any machines being installed in parks, a contract with the proposed provider will require Council approval. Recommended Action: It is recommended by the Parks & Recreation Commission and staff that the City Council approve a policy to install vending machines in the City's Parks. It is further recommended that any revenue generated by these machines be utilized to offset parks maintenance and operation costs. Requested by: Community Services Division 9.2 RESOLUTION NO. 98 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING THE LOS ANGELES COUNTY SHERIFF'S DEPARTMENT VOLUNTEERS AND EXPLORERS TO DIRECT TRAFFIC - Approval of a Resolution is necessary to allow the volunteers in the D.B. Community Volunteer Patrol and the Explorers to direct traffic. Pursuant to California Vehicle Code Section 21100(e), Council may adopt a Resolution to allow the Volunteers and Explorers to direct traffic whenever official traffic devices are disabled or inoperable, at the scenes of accidents or disasters, or at such locations that may require traffic direction for orderly traffic flow. The Resolution proposes that the volunteers in the Community Volunteer Patrol and the Explorers be authorized to direct traffic when in uniform, when directed to do so by the Sheriff's Department, and after completion of training. Recommended Action: It is recommended that the City Council adopt Resolution No. 98 -XX authorizing the L.A. County Sheriff's Department Volunteers to direct traffic and allocate an additional $2,000 for workers' compensation insurance. Requested by: City Manager 9.3 AUTHORIZATION TO THE CITY MANAGER TO PURCHASE TWO VEHICLES, AND CITY COUNCIL APPROVAL OF A BUDGET DECEMBER 15, 1998 PAGE 9 ADJUSTMENT IN THE AMOUNT OF $65,000 - The State Department of General Services administers purchasing contracts for volume discount prices on materials, supplies and capital equipment for the state, counties, and various cities. The City intends to purchase the following two vehicles through Contract No. 1-99-23-20: a 1999 Dodge BR1500 Pickup for the Community & Development Services Department and a 1999 Jeep Cherokee SE for the City Manager's Department. However, in order to purchase the vehicles, Council must give authorization to the City Manager to purchase and approve a budget adjustment in the amount of $65,000. Recommended Action: It is recommended that the City Council authorize the City Manager to purchase two vehicles and approve a budget adjustment in the amount of $65,000. Requested by: City Manager 9.4 CITY COUNCIL APPOINTMENTS TO COMMITTEES, SUBCOMMITTEES, AD HOC COMMITTEES AND TASK FORCES. Recommended Action: It is recommended that the City Council ratify appointments made by the Mayor to Committees, Subcommittees, Ad Hoc Committees and Task Forces. Requested by: Mayor RECESS TO REDEVELOPMENT AGENCY: Next Resolution No. RA 98-10 1. CALL TO ORDER: Chairman ROLL CALL: Agency Members Chang, Herrera, O'Connor, VC/Huff, C/Ansari 2. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Agency on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the Redevelopment Agency values your comments, pursuant to the Brown Act, the Agency generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the Aaency Secretary (completion of this form is voluntary) There is a five minute maximum time limit when addressing the Redevelopment Agency. DECEMBER 15, 1998 PAGE 10 3. CONSENT CALENDAR: 3.1 APPROVAL OF MINUTES: 3.1.1 Regular Meeting of November 17, 1998 - Approve as submitted. 3.1.2 Regular Meeting of December 1, 1998 - Approve As submitted. Requested by: Agency Secretary 3.2 VOUCHER REGISTER - Approve Voucher Register dated December 15, 1998 in the amount of $7,124.70. Requested by: Executive Director 3.3 RESOLUTION NO. RA98-XX: A RESOLUTION OF THE DIAMOND BAR REDEVELOPMENT AGENCY AUTHORIZING PAYMENT BY THE AGENCY FOR PART OF THE COST OF THE INSTALLATION AND CONSTRUCTION OF STREET IMPROVEMENTS - On February 17, 1998, the City Council and the Diamond Bar Redevelopment Agency approved Advance and Reimbursement Agreement No. P1 in the amount of $328,120 to award engineering design contracts for various improvements located within the Economic Revitalization Area. A contract for $150,810 (including contingency) was awarded to Dewan, Lundin & Assoc. for engineering design services related to improvements to Brea Canyon Rd. between Pathfinder and the southerly City limits. At the time of the original contract award, staff contacted Caltrans to discuss the possibility of improving the State right-of-way area on the westerly side of Brea Canyon Rd. Since that time, an agreement has been reached between the Redevelopment Agency and Caltrans. Therefore, a contract amendment for this project in the amount of $34,695 is being proposed to incorporate this area as part of the improvement project. Recommended Action: It is recommended that the Redevelopment Agency adopt Resolution No. RA98-XX approving Advance and Reimbursement Agreement No. P2 with the City in the amount of $34,695. Requested by: Executive Director 3.4 CONTRACT AMENDMENT FOR DEWAN, LUNDIN & ASSOCIATES FOR THE BREA CANYON ROAD BETWEEN PATHFINDER ROAD AND THE SOUTHERLY CITY LIMITS AND BREA CANYON CUT-OFF ROAD BETWEEN DIAMOND BAR BOULEVARD AND THE WESTERLY CITY LIMITS STREETSCAPE AND STREET IMPROVEMENT PROJECT - On February 17, 1998, the Agency awarded Dewan, Lundin & Assoc. (DL&A) a professional design contract in the DECEMBER 15, 1998 PAGE 11 amount of $136,810 for the Brea Canyon Rd. between Pathfinder Rd. and the Southerly City Limits and Brea Canyon Cut -Off Rd.. between Diamond Bar Blvd. and the Westerly City Limits Streetscape and Street Improvement Project. To provide consistent and continuous street- scape along both sides of Brea Canyon Rd., staff began discussing enhancement possibilities with Caltrans in October. Previously, Caltrans had not been amicable to any proposed improvements/maintenance of local cities within their right-of-way. Caltrans staff has responded favorably to our intent and requested that a master plan with a letter of intent be provided. At staff's request, DL&A has given a fee proposal for the additional streetscape design work to include the west side of Brea Canyon Rd. between Pathfinder Rd. and the southerly City limits. Modifications include coordination with Caltrans to work within their right-of-way in order to provide additional landscaping and irrigation on the westerly side of Brea Canyon Rd. Recommended Action: It is recommended that the Redevelopment Agency approve and authorize the Chair to execute a contract amendment with Dewan, Lundin & Assoc. for the Brea Canyon Rd. between Pathfinder Rd. and the Southerly City Limits and Brea Canyon Cut -Off Rd. between Diamond Bar Blvd. and the Westerly City Limits Streetscape and Street Improvement Project, in an amount not to exceed $34,695. Requested by: Public Works Division 3.5 TRANSMITTAL OF ANNUAL FINANCIAL REPORT AND FINAL AUDIT REPORT FOR THE YEAR ENDED JUNE 30, 1998 - The Agency's auditing firm of Conrad & Assoc., L.L.P. has prepared the FY 97-98 Annual Financial Statement and Independent Auditor's Report for the Redevelopment Agency. Recommended Action: It is recommended that the Redevelopment Agency receive and file the FY 97-98 Annual Financial Statement and Independent Auditor's Report for the Redevelopment Agency. Requested by: Executive Director 4. PUBLIC HEARINGS: None 5. OLD BUSINESS: None 6. NEN BUSINESS: None 7. AGENCY MEMBER CObMNTS: Items raised by individual Agency Members are for agency discussion. Direction may be given at DECEMBER 15, 1998 PAGE 12 this meeting or the item may be scheduled for action at a future meeting. RECONVENE CITY COUNCIL MEETING: 10. COUNCIL SUS -COMMITTEE REPORTS: 11. COUNCIL MEMEER COMMNTS: Items raised by individual Council Members are for Council discussion. Direction may be given at this meeting or the item may be scheduled for action at a future meeting. 12. ADJOURNMENT: CITY OF DIAMOND BAR NOTICE OF PUBLIC MEETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF DIAMOND BAR ) The Diamond Bar City Council will hold a Closed Session at 5:00 p.m., in CC -8 and a Regular Meeting at 6:30 p.m., in the AQMD Auditorium, located at 21865 E. Copley Drive, Diamond Bar, California on December 15, 1998. I, LYNDA BURGESS declare as follows: I am the City Clerk in the City of Diamond Bar; that a copy of the agenda for the Closed Session and Regular Meeting, to be held on December 15, 1998 was posted at their proper locations. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this Notice and Affidavit was executed this 11th day of December, 1998, at Diamond Bar, California. /s/ Lynda Burgess Lynda Burgess, City Clerk City of Diamond Bar VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK (—P % `, FROM: �Ga DATE: '' 1.S -4 ADDRESS: PHONE: ORGANIZATION: AGENDA #/SUBJECT: I expect to address the Council on the subject agenda iterr) Please have the Council Minutes reflect my name and address as written above. J Sio ture CITY OF DIAMOND BAR "QUICK CAP" MINUTES DECEMBER 15, 1998 1. CLOSED SESSION: 2. CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: Church 5:00 P.M. CC -8 City Manager Evaluation 6:45 p.m. Cub Scout Troop 730 Ab Kastl, Diamond Canyon Christian ROLL CALL: Council Members Ansari, Herrera, Huff, Mayor Pro Tem O'Connor, Mayor Chang Also present were: Terrence L. Belanger, City Manager; Michael Jenkins, City Attorney; James DeStefano, Deputy City Manager; Bob Rose, Community Services Director; Mike Nelson, Communications & Marketing Director; Linda Magnuson, Assistant Finance Manager; Rose Manela, Assistant Civil Engineer and Lynda Burgess, City Clerk. APPROVAL OF AGENDA: No change. 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLA14ATIONS: 3.1 Presented Certificate of Recognition to Tom Van Winkle, graduate of North Orange County Leadership Institute, Class of 1998. 3.2 Presented Certificate of Recognition to Shirley Leon - Seymour, member of the Community Volunteer Patrol. 3.3 Presentation by Airtouch Cellular of two cell phones to the Community Volunteer Patrol - Not given. 3.4 Video presentation by D.B. Improvement Assn. (Bob Zirbes and Michael Goldenberg) regarding "Paint Our Town." Mr. Zirbes presented a plaque to the Council as an expression of appreciation for the City's support. BUSINESS OF THE MONTH: 3.5 Presentation of City Tile to Dr. Bill G. Coker, D.D.S. - Continued to January 5, 1999. 4. PUBLIC COMMENTS: Jeff Koontz, Exec. Dir., Chamber of Commerce - announced future events including a Mixer on 12/17 at Scoreboard; State of City address on 1/27; gala auction on 2/17 at Shilo Inn; Chamber Retreat 3/12-15. Business Registry, as requested by the City, will begin preparation in January. Blood Drive to be held 12/16 from 12-6 p.m. at Pomona Valley Red Cross, 675 N. Park Ave., Pomona. S. SCHEDULE OF FUTURE EVENTS: DECEMBER 15, 1998 PAGE 2 5.1 PARKS & RECREATION COMMISSION - December 17, 1998 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.2 CHRISTMAS HOLIDAY - City Offices will be closed Thursday, December 24 and Friday, December 25, 1998 in observance of Christmas Holidays. Will reopen Monday, December 28, 1998. City Hall will also be closed Friday, January 1, 1999 for New Year's Day and will reopen January 4, 1999. 5.3 HOLIDAY TREE RECYCLING - January 4-18, 1999 - Recycling of holiday trees through your disposal company. 5.4 CITY COUNCIL MEETING - January 5, 1999 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.5 FIELD TRIP - Community Center/Civic Center Task Force - January 9, 1999 - 8:00 a.m. - 5:00 p.m. 6. CONSENT CALENDAR: Moved by C/Ansari, seconded by C/Herrera to approve the Consent Calendar. Motion carried 5-0 by Roll Call vote. 6.1 APPROVED MINUTES: 6.1.1 Joint Study Session with Parks & Recreation Commission - Approve as corrected. 6.1.2 Regular Meeting of November 17, 1998 - Approve as submitted. 6.1.3 Regular Meeting of December 1, 1998 - Approve as submitted. 6.2 RECEIVED & FILED PARKS & RECREATION COMMISSION MINUTES: 6.2.1 Regular Meeting of September 24, 1998. 6.2.2 Regular Meeting of October 22, 1998. 6.3 APPROVED VOUCHER REGISTER - dated December 15, 1998 in the amount of $706,055.86. 6.4 RECEIVED AND FILED COMPREHENSIVE ANNUAL FINANCIAL REPORT AND FINAL AUDIT REPORTS FOR THE YEAR ENDED JUNE 30, 1998 - as prepared by the Finance Department and Conrad & Assoc., L.L.P. 6.5 DENIED CLAIM FOR DAMAGES - Filed by David Edwards on November 20, 1998 and referred the matter for further action to the City's Risk Manager. 6.6 ADOPTED RESOLUTION NO. 98-69: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR PARK IMPROVEMENTS AND ADA UPGRADES FOR RONALD REAGAN PARK AND HERITAGE PARK, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. 6.7 ADOPTED RESOLUTION NO. 89-107A: A RESOLUTION OF THE CITY DECEMBER 15, 1998 PAGE 3 COUNCIL OF THE CITY OF DIAMOND BAR AMENDING RESOLUTION NO. 89-107, ESTABLISHING A DEFERRED COMPENSATION PLAN FOR THE EMPLOYEES OF THE CITY OF DIAMOND BAR. 6.8 ADOPTED RESOLUTION NO. 98-70: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING PAYMENT BY THE AGENCY FOR PART OF THE COST OF THE INSTALLATION AND CONSTRUCTION OF STREET IMPROVEMENTS - approving Advance and Reimbursement Agreement No. P2 with the D.B. Redevelopment Agency in the amount of $34,695. 7. PUBLIC HEARINGS: 7.1 CONTINUED PUBLIC HEARING - REVIEW OF DRAFT SUBDIVISION ORDINANCE (Continued from December 1, 1998) M/Chang declared the Public Hearing re -opened. There being no testimony offered, M/Chang continued the Public Hearing to January 5, 1999. 8. OLD BUSINESS: 8.1 AMENDMENT NO. 1 TO THE RECREATION CONTRACT WITH CITY OF BREA Moved by MPT/O'Connor, seconded by C/Ansari to approve Amendment No. 1 to the Recreation Services Contract with the City of Brea and authorize the Mayor to sign the Letter of Understanding. Further approved a contingency for the contract in the amount of $10,000 (1.9% of the total contract). Motion carried 5-0 by Roll Call vote. 8.2 EXTENSION OF CONTRACT FOR VENDOR SERVICES WITH THE CITY OF BREA In response to C/O'Connor, CMD/Nelson stated that the City was charged for approximately 10 hours at the rate of $60/hr. for work needed while the Information Services Coordinator was out on medical leave. Three D.B. computer services responded to an RFP for these services. C/Huff moved, seconded by C/Ansari to authorize an additional $4,800 to the City of Brea for information technology technical support. Motion carried 4-1 by Roll Call vote (MPT/O'Connor voted no). 8.3 DISCUSSION OF OFF-SITE PARKING RECOMMENDATIONS 1 AND 5 - a) RESOLUTION NO. 98-71: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING CODE ENFORCEMENT OFFICERS OF THE CITY OF DIAMOND BAR TO DECEMBER 15, 1998 PAGE 4 ENFORCE CITY PARKING REGULATIONS - Task Force Motion No. 1. Dr. Lawrence Rhodes - lives on Fibre Ct. where there is inadequate parking which goes against the new Codes but which is acceptable to the neighborhood. Requested Council to determine a solution. In response to C/Huff, CM/Belanger explained how the program is proposed to work. C/Huff opposed spending more funds on enforcement and felt that six months would be too long. Felt that one month with a report back to Council would be better. Asked if Capt. Martinez had communicated with Sheriff Baca ' regarding restriction of Volunteer Patrol activities. C/Huff stated that, prior to his election, Sheriff Baca appeared to be in favor of lifting restrictions on Volunteer Patrols. MPT/O'Connor also expressed concern about the overtime evening parking enforcement proposal. Did not understand the difference between daytime parking enforcement and nighttime enforcement. Moved by C/Huff, seconded by MPT/O'Connor to accelerate overtime expenditure for the next month by February 16, 1999 and direct staff to communicate with Sheriff Baca regarding lifting restrictions on Volunteer Patrol; further to adopt Resolution No. 98-71 authorizing Code Enforcement Officers to enforce City Parking Regulations. Motion carried 5-0 by Roll Call vote. b) ORDINANCE NO. 0X(1998): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING A PARKING PERMIT PROGRAM - Task Force Motion No. 5. In response to Alan Wilson, CM/Belanger stated that the ordinance would only apply to parking issues on public streets, not those within private complexes. In response to C/Ansari, CM/Belanger stated that the permit would be issued annually and would be color -coded. DCM/DeStefano read a faxed letter from Mr. Roy Wilkes. DECEMBER 15, 1998 a PAGE 5 C/Ansari suggested that the Temporary Parking Permit be sold for $5 rather than $10. Following discussion, Council consensus to set January 5, 1999 for First Reading of Ordinance No. 0X(1998) establishing a Parking Permit Program 8.4 APPROVAL OF ANIMAL CONTROL CONTRACT WITH INLAND VALLEY HUMANE SOCIETY FOR JANUARY 1, 1999 THROUGH JUNE 30, 2001 Following discussion, MPT/O'Connor requested that an analysis be conducted on the costs for increased Humane Society patrol throughout the City. Dr. Lawrence Rhodes - A dead animal should not be put into trash cans. Put wounded animals out of their misery right away. Have only professionals handle dead animals. Asked Council to consider an Ordinance requiring rabies shots. Encouraged a short-term contract only with a 60 - day termination clause. C/Herrera moved, seconded by C/Huff to continue the matter to January 5, 1999 with changes to include an 18 - month contract, a shorter termination provision and copies of the original contract for review by Council. Motion carried 5-0 by Roll Call vote. NEW BUSINESS: 9.1 CONSIDERATION OF A POLICY TO INSTALL VENDING MACHINES IN CITY PARKS - MPT/O'Connor moved, seconded by C/Herrera to approve a Policy to install vending machines in the City's Parks and to direct that any revenue generated by these machines be utilized to offset parks maintenance and operation costs. Motion carried 4-1 (C/Ansari voted no). 9.2 RESOLUTION NO. 98-72: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING THE LOS ANGELES COUNTY SHERIFF'S DEPARTMENT VOLUNTEERS AND EXPLORERS TO DIRECT TRAFFIC Dr. Rhodes - Supported the concept as long as the volunteers are properly trained and with the agreement of the L.A. County Sheriff. Moved by C/Ansari, seconded by C/Herrera to adopt Resolution No. 98-72 authorizing the L.A. County Sheriff's Department Volunteers to direct traffic and allocate an additional $2,000 for workers' compensation insurance. Motion carried 4-0-1 by Roll Call vote DECEMBER 15, 1998 PAGE 6 (C/Ansari was out of the room). 9.3 AUTHORIZATION TO THE CITY MANAGER TO PURCHASE TWO VEHICLES, AND CITY COUNCIL APPROVAL OF A BUDGET ADJUSTMENT IN THE AMOUNT OF $65,000 Moved by C/Herrera, seconded by C/Ansari to authorize the City Manager to purchase two vehicles and approve a budget adjustment in the amount of $65,000. Motion carried 5-0 by Roll Call vote. 9.4 CITY COUNCIL APPOINTMENTS TO COMMITTEES, SUBCOMMITTEES, AD HOC COMMITTEES AND TASK FORCES. (See list) Recommended Action: It is recommended that the City Council ratify appointments made by the Mayor to Committees, Subcommittees, Ad Hoc Committees and Task Forces. RECESS TO REDEVELOPMENT AGENCY: 10:55 p.m. 1. CALL TO ORDER: Chairwoman Ansari ROLL CALL: Agency Members Chang, Herrera, O'Connor, VC/Huff, C/Ansari Also present were: Terrence L. Belanger, Executive Director; Michael Jenkins, Agency Attorney; James DeStefano, Deputy City Manager; Bob Rose, Community Services Director; Mike Nelson, Communications & Marketing Director; Linda Magnuson, Assistant Finance Manager; Rose Manela, Assistant Civil Engineer and Lynda Burgess, Agency Secretary. 2. PUBLIC COUNTS: No comments offered. 3. CONSENT CALENDAR: Moved by AM/Chang, seconded by AM/Huff to approve the Consent Calendar. Motion carried 5-0 by Roll Call vote. 3.1 APPROVED MINUTES: 3.1.1 Regular Meeting submitted. 3.1.2 Regular Meeting submitted. of November 17, 1998 - As of December 1, 1998 - As 3.2 APPROVED VOUCHER REGISTER - dated December 15, 1998 in the amount of $7,124.70. 3.3 ADOPTED RESOLUTION NO. RA98-10: A RESOLUTION OF THE DIAMOND BAR REDEVELOPMENT AGENCY AUTHORIZING PAYMENT BY THE AGENCY FOR PART OF THE COST OF THE INSTALLATION AND DECEMBER 15, 1998 PAGE 7 CONSTRUCTION OF STREET IMPROVEMENTS - in the amount of $34,695. 3.4 APPROVED CONTRACT AMENDMENT FOR DEWAN, LUNDIN & ASSOCIATES FOR THE BREA CANYON ROAD BETWEEN PATHFINDER ROAD AND THE SOUTHERLY CITY LIMITS AND BREA CANYON CUT- OFF ROAD BETWEEN DIAMOND BAR BOULEVARD AND THE WESTERLY CITY LIMITS STREETSCAPE AND STREET IMPROVEMENT PROJECT - and authorized the Chair to execute a contract amendment with Dewan, Lundin & Assoc. in an amount not to exceed $34,695. 3.5 RECEIVED AND FILED ANNUAL FINANCIAL REPORT AND FINAL INDEPENDENT AUDIT REPORT FOR THE YEAR ENDED JUNE 30, 1998 4. PUBLIC HEARINGS: None 5. OLD BUSINESS: None 6. NEW BUSINESS: None V. AGENCY MEMBER COMMENTS: REDEVELOPMENT AGENCY ADJOURNMENT: 11:00 RECONVENE CITY COUNCIL MEETING: 11:00 10. COUNCIL SUB -COMMITTEE REPORTS: 11. COUNCIL MEMBER COMMENTS: O'Connor requested reports on the status of spanner banners, CUP enforcement, use of CSO officers on patrol around the schools and establishment of the recreation non-profit agency. Further, requested enforcement efforts for removal of candidates' signs. 12. ADJOURNMENT: There being no further business to conduct, M/Chang adjourned the meeting at 11:20 p.m. SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been CITY OF DIAMOND BAR X No AGENDA REPORT AGENDA NO.�, X( TO: Terrence L. Belanger, City Manager MEETING DATE: December 15,1998 REPORT DATE: December 7,1998 FROM: Lynda Burgess, City Clerk 4. Has the report been reviewed by a Commission? _ Yes TITLE: Corrections to Minutes of Joint Study Session with the Parks & Recreation Commission, October 6,1998 SUMMARY: Following their review of the above -referenced minutes, members of the Parks & —No Recreation Commission requested that additional comments be added. These additional comments are contained on Page 2 and are seen in bold face type and Parks & Recreation were the only additions/corrections requested. RECOMMENDATION: It is recommended that the City Council approve the amended Minutes of the October 6, 1998 Joint Study Session with the Parks & Recreation Commission. LIST OF ATTACHMENTS: _ Staff Report _ Public Hearing Notification _ Resolution(s) _ Bid Specification (on file in City Clerk's office) Ordinance(s) _ Other: Minutes -1016198 — Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been — Yes X No reviewed by the City Attorney? 2. Does the report require a majority vote? X Yes _ No 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? _ Yes X( No Which Commission? 5. Are other departments affected by the report? X Yes —No Report discussed with the following affected departments: Parks & Recreation REVIEWED BY: 1 _ Terrence L. Belanger City Manager DEPARTMENT HEAD: Lynda Burgess City Clerk CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION JOINT MEETING WITH THE PARKS & RECREATION COMMISSION OCTOBER 6, 1998 1. CITY COUNCIL CALL TO ORDER: Mayor Herrera called the meeting to order at 4:20 p.m. in the South Coast Air Quality Management District Room CC -8, 21865 E. Copley Drive, Diamond Bar, California. 2. ROLL CALL: Council Members Ansari, Huff, O'Connor, Mayor Pro Tem Chang and Mayor Herrera. PARKS & RECREATION COMMISSION CALL TO ORDER: Chair Finnerty called the meeting to order at 4:20 p.m. in the South Coast Air Quality Management District Room CC -8, 21865 E. Copley Drive, Diamond Bar, California. ROLL CALL: Commissioners Anis, Pruitt, Holder, Vice Chairman Nolan and Chairman Finnerty. Also present were: Terrence L. Belanger, City Manager; Michael Jenkins, City Attorney; James DeStefano, Deputy City Manager; David Liu, Deputy Public Works Director; Bob Rose, Community Services Director; Mike Nelson, Communications & Marketing Director; Linda Magnuson, Assistant Finance Director; Lynda Burgess, City Clerk; Kellee Fritzal, Assistant to the City Manager and Anne Haraksin, Administrative Assistant. A. IMPLEMENTATION OF PARKS MASTER PLAN. Chair/Finnerty explained that the Commission had prepared 501(c)(3) Non - Profit Foundation By -Laws and Articles of Incorporation to assist with the implementation of the Parks Master Plan. In response to C/Huff, Chair/Finnerty explained that, with respect to Article II, Section I of the By -Laws, the community would be responsible for on- going maintenance fees. In response to C/Huff, CA/Jenkins stated that the Foundation may elect to be subject to the Brown Act. If the Foundation is completely independent and non-profit, members need not submit financial disclosures. The By - Laws should clearly state the Foundation's intent for clarification. In response to C/Huff, CM/Belanger explained that under the Brown Act (Article III - Meetings), the presiding officer of the Board of Directors has the authority to call special meetings. In response to M/Herrera, Chair/Finnerty explained that the terms of office vary only for the initial year. Council Member appointees may serve two OCTOBER 6, 1998 PAGE 2 COUNCIUP & R COMM. STUDY consecutive two year terms under Section V, Article V. In response to C/Pruitt regarding Article 5, Section 2, CM/Belanger explained that the Mayor's appointment would be for only one year because the Mayor is only elected for one year. In response to C/O'Connor, Chair/Finnerty reported that one member of the City Council, designated by the Mayor, would serve on the Foundation for one year. C/Pruitt stated that Article 5, Section 3 needs to state how many consecutive terms the Parks & Recreation Commission representative may serve. M/Herrera suggested that Board representation be increased to 15 members. C/Pruitt stated that Article 5, Section 4 should include a "rotation by random draw" for the organisation participation selection, and that Article 5, Section 7 should be revised to require 6 votes, not 5, to remove a director. VC/Nolan believed that 11 members is the right number. He expressed concern about whether people will want to participate in the Foundation and felt it important for the Foundation to have a proper kick-off. C/O'Connor pointed out that the wording of Article XI, Section 2 and Article XII, Section 1 are identical. She asked what the committee recommends for the name of the Foundation (Article VI of Articles of Incorporation). Chair/Finnerty explained that an agent has not yet been appointed but that she felt the City Manager is the most reasonable designee. CM/Belanger stated that the agent of the corporation would most appropriately be appointed upon advice of Counsel. Chair/Finnerty believed it would be irresponsible for the Commission to propose methods for implementation of the Parks Master Plan. The City has spent a considerable amount of money preparing the document. VC/Nolan believed it would be difficult to get people excited about a 501(c)(3) non-profit foundation. Recent negotiations with SunCal will go a long way toward implementing the City's number one priority. CM/Belanger pointed out that the SunCal project is one of the last of its kind in the City. The 501(c)(3) non-profit foundation would provide an opportunity OCTOBER 6, 1998 PAGE 3 COUNCIUP & R COMM. STUDY to approach companies who have resources that they might wish to invest. Chair/Finnerty pointed out that, with the acquisition of funds from the SunCal project and the recent sale of property, the City is able to show the community that it has made significant progress toward implementing the proposed projects. She commended Council and the City Manager for their efforts. Regarding grant writing, M/Herrera suggested that the City might advertise for a part time grant writer. CM/Belanger recommended that staff research the concept of foundations and grant writing to determine the feasibility of the City's involvement and make its recommendation to Council and the Commission. B. JOINT USE AGREEMENTS WITH SCHOOL DISTRICTS M/Herrera stated that, on September 15, 1998, Council approved a contract agreement for Paul C. Grow Park. The School Board will consider approval at its next meeting. Council and the District agreed on this matter during its recent joint meeting. CSD/Rose stated that, with respect to the lighting at Lorbeer Middle School, a consultant had been retained by the City to complete the electrical system design. Staff and the consultant will meet with PUSD to establish an active lighting master plan. Current funding is for lighting of the football field. In response to Chair/Finnerty, CM/Belanger stated that the lighting will be phased in. Phase I will be the lower field and Phase II will consist of the hard court area and the upper field area. PUSD is in agreement with the proposed plan. Council and the Commission discussed joint use efforts between the City and the WVUSD and PUSD. C. STATUS OF LARKSTONE PARK M/Herrera stated that Council and the WVUSD Board met in July and concluded that an interpretive park toward the canyon bottom would be a better use than building a 3.9 acre level park. The School Board is in the process of evaluating the area of land and how much of the land they will contribute to the City. She anticipated the contribution of land will exceed 3.9 acres. In response to Chair/Finnerty, CM/Belanger explained that the facility will be ADA accessible. OCTOBER 6, 1998 N PAGE 4 COUNCIUP & R COMM. STUDY INSTALLATION OF SPANNER BANNERS CSD/Rose stated that the Commission, during its evaluation of the City's Anniversary Celebration, determined that there is a need for spanner banners to advertise community events and recommends that banners be placed at the following locations: Grand Ave. and D.B. Blvd. (one facing Grand and one facing D.B. Blvd.); Golden Springs Dr. at Brea Canyon Rd., and on D.B. Blvd. near the Kmart Center. C/O'Connor stated she would like banners to be available to organizations for special announcements. Chair/Finnerty explained that the Commission wanted to avoid having spanner banners displayed throughout the year. M/Herrera said she would like to avoid having the banners span six lanes. Chair/Finnerty concurred with CM/Belanger that a more feasible and economical option is to have the banners displayed from the median. C/Holder explained that the main focus of the Commission was to have the banners for advertising the City's Anniversary Celebration. She had a problem with extending the use to organizations. CM/Belanger stated that the cost factor may prohibit use by organizations. M/Herrera stated that if spanner banners were used, she would not want them to look unsightly but that she would be interested in pursuing the matter. E. GENERAL DISCUSSION Chair/Finnerty stated that the Commission received a request to install a "doggie park" at Summitridge Park. In response to VC/Nolan regarding a trails program, M/Herrera stated that C/O'Connor is the Council's representative to WCCA which is overseeing such programs. Chair/Finnerty explained that the Commission determined that, at a later date, a Trails Master Plan should be prepared in addition to the Parks Master Plan. She thanked Council for participating in this joint meeting. She stated that, in attending some of the Parks & Recreation conferences, it has come to her attention that some of the most effective cities have regular joint meetings. OCTOBER 6, 1998 PAGE 5 COUNCIUP & R COMM. STUDY 4. RECESS: There being no further business to conduct, Mayor Herrera recessed the Study Session at 5:42 p.m. to open Closed Session. Chairman Finnerty adjourned the Parks & Recreation Commission meeting to October 22, 1998. ATTEST: Mayor ATTEST: Commission Chairman LYNDA BURGESS, City Clerk BOB ROSE, Commission Secretary COUNCIL MINUTES OF THE CITY C OU R REGULAR MEETING OF THE CITY OF DIAMOND BAR NOVEMBER 17, 1998 STUDY SESSION: 4:00 p.m. in Room CC 3&5 - Strategic Planning. RECESS STUDY SESSION: 6:19 p.m. 2. CALL TO ORDER: Mayor Herrera called the meeting to order at 6:44 p.m. in the Auditorium of the South Coast Air Quality Management District, 21865 E. Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: Council Member O'Connor. INVOCATION: Reverend Ted Meyers, Shepherd of the Hills Lutheran Church. ROLL CALL: Council Members Ansari, Huff, O'Connor, Mayor Pro Tem Chang, Mayor Herrera. Also present were: Terrence L. Belanger, City Manager; Michael Jenkins, City Attorney; James DeStefano, Deputy City Manager; David Liu, Deputy Director of Public Works; Bob Rose, Community Services Director; Mike Nelson, Communications & Marketing Director; Linda Magnuson, Assistant Finance Manager and Lynda Burgess, City Clerk. MPT/Chang assumed the gavel. APPROVAL OF AGENDA: At the recommendation of staff, Council agreed to continue Items 6.2a and b to December 1, 1998. Item 3.7 will be rescheduled. 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Presented Certificates of Recognition to members of "Invasion" ASA Girl's 12U Fast Pitch Travelball National Champions. 3.2 Presented Certificates of Recognition to students for "Calendar Contest for Use Oil Recycling." 3.3 Presented Certificates of Recognition to members of the Telecommunications Task Force. 3.4 Presented Proclamation to Diamond Bar High School Key Club proclaiming International Key Club Week. 3.5 Video Presentation of Pantera Park by Mike Nelson, Director of Communications & Marketing. NOVEMBER 17, 1998 PAGE 2 3.6 Proclaimed November 16, 1998 as "Dutch -American Heritage Day." Mayor Herrera assumed the gavel. 4. PUBLIC COMMENTS: Martha Bruske again stated her concern about blue tarps covering hillsides and the potential burden to the underlying slopes. She reiterated her concern about who is responsible to protect the slope above her property. She was also concerned that roof overhangs and patios might change the drainage pattern. She asked that this matter be agendized for a future Council meeting. Regarding Consent Calendar Item 6.4, she asked the status of the north Sycamore Canyon slide. She said that the City needs walking trails. However, the Sycamore Canyon Trail is too steep for senior citizens. She is concerned that parking may be allowed on the flat property on D.B. Blvd, between lower and upper Sycamore Canyon. Dr. Lawrence Rhodes asked Council to consider an ordinance to prevent solicitors from approaching homes when the inhabitants have posted "No Trespassing" signs. Thom Pruitt, President, Pop Warner Football & Cheerleading Assn., spoke about the success of his group's recent season. He thanked Council, staff, Commissioners and local businesses for their support.. Three teams have qualified for championship bowl games which will be hosted on November 28, 1998 by the Cities of D.B., LaVeme and San Dimas at Bonita High School. Teams from D.B., Laverne, San Dimas, Hesperia, Victorville, San Bernardino and San Diego will participate. 5. SCHEDULE OF FUTURE EVENTS: 5.1 PARKS & RECREATION COMMISSION - November 19, 1998 - 7:00 p.m., SCAQMD Hearing Board Room, 21865 E. Copley Dr. 5.2 PLANNING COMMISSION - November 24, 1998 - 7:00 p.m., SCAQMD Auditorium, 21865 E. Copley Dr. 5.3 THANKSGIVING HOLIDAY - November 26 and 27, 1998 - City Offices will be closed and reopen on Monday, November 30, 1998. 5.4 CITY COUNCIL MEETING - December 1, 1998 - 6:30 p.m., SCAQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: Moved by C/O'Connor, seconded by C/Ansari, to approve the Consent Calendar with the exception of Items 6.4 and 6.5. Motion carried by the following Roll Call vote: NOVEMBER 17, 1998 PAGE 3 AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.1 APPROVED MINUTES: 6.1.1 Joint City Council/Redevelopment Agency Meeting of October 22, 1998 - as amended. 6.1.2 Regular Meeting of November 3, 1998 -As submitted. 6.2 RECEIVED & FILED PLANNING COMMISSION MINUTES: 6.2.1 Regular Meeting of September 8, 1998. 6.2.2 Regular Meeting of September 22, 1998. 6.2.3 Regular Meeting of October 13, 1998. 6.3 APPROVED VOUCHER REGISTER - dated November 17, 1998 in the amount of $2,176,133.01. 6.6 APPROVED AMENDMENT NO. 3 TO A PROFESSIONAL SERVICES AGREEMENT WITH BONTERRA CONSULTING REGARDING ENVIRONMENTAL SERVICES FOR PROPOSED VTM 52267 (SUNCAL) - in the amount of $2,810. 6.7 AUTHORIZED BUDGET ADJUSTMENT/ADDITIONAL PROFESSIONAL SERVICES FOR THE PLANNING DIVISION - authorized the City Manager to transfer $20,000 from Development Services Planning Division Salaries (001-5210-40010) to Development Services Planning Division Professional Services (001-5210-44000). MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.4 RESOLUTION NO. 98-66: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT TRAIL ACQUISITION AND DEVELOPMENT COMPETITIVE GRANT PROGRAM FOR SYCAMORE CANYON TRAIL PROJECT. 6.5 RESOLUTION NO. 98-67: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT SENIOR CENTERS AND RECREATION FACILITIES COMPETITIVE GRANT PROGRAM FOR THE CITY OF NOVEMBER 17, 1998 PAGE 4 DIAMOND BAR SENIOR CITIZEN CENTER PROJECT. CSD/Rose responded to Martha Bruske that with respect to landslides, the City is in the process of obtaining proposals to remedy the slides following the rainy season. Staff has covered the slopes to prevent further sliding. The walking trail and pathways in Sycamore Canyon Park lend themselves to a two tiered system: One ADA accessible trail will commence at the parking lot and continue west to the waterfall area and a steeper trailer will continue to D.B. Blvd. With respect to the flat area adjacent to D.B. Blvd., it is not anticipated that it will be used for parking. It is possible that the area will be used as a dropoff /pickup location. Following discussion, C/O'Connor moved, C/Huff seconded, to approve Consent Calendar Items 6.4 and 6.5. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 7. PUBLIC HEARING: 7.1 RESOLUTION NO. 89-97L: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE CITY'S CONFLICT OF INTEREST CODE FOR DESIGNATED CITY PERSONNEL. M/Herrera opened the Public Hearing. There being no testimony offered, M/Herrera closed the Public Hearing. MPT/Chang moved, C/O'Connor seconded, to adopt Resolution No. 98-97L to add the position of Development Services Assistant to the City's Conflict of Interest Code. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 8. OLD BUSINESS: 8.1 REPORT FROM TELECOMMUNICATIONS TASK FORCE - M/Herrera thanked the Task Force members and industry personnel who participated in the review process. NOVEMBER 17, 1998 PAGE 5 Following discussion, MPT/Chang moved, C/Huff seconded, to forward the Telecommunications Task Force Report to the Planning Commission for preparation of a Draft Telecommunications Ordinance for Council's consideration. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 8.2 CONTRACT AMENDMENTS - Continued to December 1, 1998. a) DIAMOND BAR BOULEVARD AT MONTEFINO AVENUE AND QUAIL SUMMIT DRIVE TRAFFIC SIGNAL INSTALLATION - On June 16, 1998, Council awarded a contract for the D.B. Blvd. at Montefino Ave. and Quail Summit Dr. traffic signals to Pro Tech Engineering in an amount not to exceed $159,700 with a contingency amount of $16,000 (10% of contract amount). Due to changes in field conditions and the opportunity to enhance pedestrian circulation, it has become necessary to process change orders in excess of the approved contingency amount. The range of the original bids received was $159,700 to $248,300. Pro Tech's low bid of $159,700 is $44,700 lower than the second lowest bid of $204,400. The total contingency amount requested is $24,000 (15% of contract amount), which is an additional $8,000 to the original approved contingency amount. b) CONTRACT AMENDMENT FOR THE DIAMOND BAR BOULEVARD AT MONTEFINO AVENUE AND QUAIL SUMMIT DRIVE TRAFFIC SIGNAL INSTALLATION PROFESSIONAL INSPECTION SERVICES - At the June 16, 1998 meeting, Council awarded an inspection services contract to Warren Siecke for Professional Inspection Services for the D.B. Blvd. at Montefino Ave. and Quail Summit Dr. traffic signal installation project in an amount not to exceed $15,732 with a contingency amount of $1,600. Mr. Siecke's original proposal included approximately 3 hours of inspection per working day for the anticipated 64 -working day project schedule. Due to conditions encountered in the field, necessary inspection has increased to approximately 7 hours of inspection per working day. In order to provide adequate oversight, inspection and administration of this project, it is requested that the contract amount for these services be increased by $20,500, for a total contract amount of $36,232. 9. NEIN BUSINESS: 9.1 AUTHORIZATION TO PURCHASE COMPUTER HARDWARE, SOFTWARE, AND RELATED EQUIPMENT - With the adoption of the City's NOVEMBER 17, 1998 PAGE 6 FY 98-99 Budget, Council allocated funds for replacement of the City's aging computer equipment. Over the past few months, staff has carried out an extensive information technology effort that has included multiple levels of assessment, analysis and planning. This effort has concluded with a recommendation to procure new, state-of-the-art computer hardware, software, and related equipment that will replace a mixture of outdated hardware and incompatible operating software. C/Ansad moved, MPT/Chang seconded, to authorize payment of $156,000 to Dell Computer Corporation for purchase of computer hardware, software, and related equipment; and $1,900 to the State of California for administrative fees with the California Multiple Award Schedule program. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None M/Herrera announced that, due to technical difficulties, tonight's meeting is not being telecast. A taped broadcast is scheduled for Saturday, November 21, 1998 at 10:00 a.m. and on Tuesday, November 24, 1998 at 6:30 p.m. RECESS TO REDEVELOPMENT AGENCY MEETING: 8:11 p.m. RECONVENE CITY COUNCIL MEETING: 8:18 p.m. 10. COUNCIL SUB -COMMITTEE REPORTS AND COUNCIL MEMBER COMMENTS: C/O'Connor stated that on Wednesday, November 4, she attended a WCCA meeting in Brea to discuss open space availability and the wildlife corridor capacity. On Thursday, November 5, she attended an all -day League of Cities legislative briefing. She commented on the City's November 7 traffic forum. She attended the Chamber of Commerce Legislative Breakfast and Cal Poly's Founders Day festivities on Thursday, November 12. She and other Council Members attended the Senior's Thanksgiving Dinner. She asked citizens to participate in the Girl Scout nuts and calendar sale. She wished everyone a Happy Thanksgiving. She thanked Mayor Herrera for her wonderful leadership over the past year. C/Huff spoke about his attendance at the November 9 Four Corners retreat and the November 12 Cal Poly Founders Day festivities. He announced that the Holiday Transit Service will commence on November 27 with a per trip cost of $.50. MPT/Chang thanked the founders and families for their concern and generosity in supporting Cal Poly. He thanked the residents for their participation in the November 7 traffic workshop. He spoke about the Four Corners meeting NOVEMBER 17, 1998 PAGE 7 discussion regarding traffic mitigation for Grand Ave. and Carbon Canyon Rd. C/Ansari stated that on Wednesday, November 4, she attended a board meeting for Contract Cities. On November 5 she attended a Southern California Association of Governments meeting as well as, a League of California Cities meeting at which State Librarian Kevin Starr spoke about the State library system. She attended a water quality meeting on Friday, November 6, the traffic town hall meeting as well as Cal State Fullerton graduation ceremonies for the North Orange County Leadership Academy on Saturday, November 7. Today she attended a Chamber of Commerce Board meeting. She commended the Chamber on their direction. She thanked the seniors for including the Council Members at their Thanksgiving Dinner celebration and thanked Mayor Herrera for her year of service to the community. M/Herrera requested that a discussion of slope maintenance and swales be agendized for December 1, 1998. She thanked residents for their participation at the November 7 town hall meeting. She stated that, in the spirit of Thanksgiving, she is especially thankful for living in D.B. and for this City Council. She said it has been a wonderful year for her and believed that the Council has worked harder than any previous Council and thanked the Council Members for their perseverance. She wished Nancy Whitehouse, Secretary to the City Manager, a happy birthday. 11. ADJOURNMENT: There being no further business to conduct, M/Herrera adjourned the meeting at 8:39 p.m. ATTEST: Mayor LYNDA BURGESS, City Clerk 2. 3 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR DECEMBER 1, 1998 CLOSED SESSION: None CALL TO ORDER: Mayor Herrera called the meeting to order at 6:35 p.m. in the Auditorium of the South Coast Air Quality Management District, 21865 E. Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Cub Scout Den 5 of Pack 737. INVOCATION: Dr. Ted Martinez, Evangelical Free Church of Walnut. ROLL CALL: Council Members Ansari, Huff, O'Connor, Mayor Pro Tem Chang, Mayor Herrera. Also present were: Terrence L. Belanger, City Manager; Michael Jenkins, City Attorney; James DeStefano, Deputy City Manager; David Liu, Deputy Director of Public Works; Bob Rose, Community Services Director; Mike Nelson, Communications & Marketing Director; Linda Magnuson, Assistant Finance Manager and Tommye Cribbins, Deputy City Clerk. APPROVAL OF AGENDA: CM/Belanger recommended that the Special Presentation, Item 3.7 be moved prior to Public Comments following the recess, and that the Redevelopment Agency reorganization be moved to follow the reorganization of Council. The balance of the Redevelopment Agency items will be conducted as they appear on the agenda. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Presented Certificate of Recognition to Harmony Raylen Abejuela for her academic achievements while a student at St. Lucy's Priory High School. Ms. Abejuela introduced her family and thanked Council for her recognition. 3.2 Presented City Tile to outgoing Assemblyman Gary Miller, who was recently elected Congressman for the 41st Congressional District. 3.3 Presented City Tile to D.B.H.S. Marching Band on its 98-99 marching performance season. 3.4 Presented Certificate of Recognition for excellence in reporting to Dianne Brown, San Gabriel Valley Tribune reporter, who is relocating to Indiana. BUSINESS OF THE MONTH: 3.6 Presented City Tile to Richard Malooly, owner of Remax Realty 100. REORGANIZATION OF CITY COUNCIL: A. Selection of Mayor DECEMBER 1, 1998 PAGE 2 M/Herrera opened nominations for Mayor. C/Ansari thanked M/Herrera for her stewardship as Mayor. She believed M/Herrera did an excellent job as Mayor and that as a result, D. B. has taken a positive tum. New businesses are locating in the City and it appears that the economy is on an upward swing. Council Members have worked well together under M/Herrera's leadership. C/Ansari moved, C/Huff seconded, to nominate MPT/Chang as Mayor. With no other nominations being offered, M/Herrera closed the nominations. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None Mayor Chang proposed the following goals for 99-2000: 1) Annexation of the following adjacent communities into D.B.: Sunset Ridge, Diamond Ranch, Diamond Canyon and Monte Verde; 2) a business partnership committee to advance the schools' technology program; 3) improve communications between Council and the community by means of a bi- monthly Council newsletter; 4) formation of a small business consulting committee consisting of volunteer business executives and professional consultants to provide free consultation for small business owners. He thanked Council Members and residents for the opportunity to serve the community. B. SELECTION OF MAYOR PRO TEM: M/Chang opened nominations for Mayor Pro Tem. C/Ansari moved, C/Herrera seconded, to nominate C/O'Connor as Mayor Pro Tem. With no other nominations offered, M/Chang closed the nominations. Motion to carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, O'Connor, M/Chang NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None MPT/O'Connor thanked the Council for honoring her and looked forward to serving the community next year. C. Presentation to outgoing Mayor Carol Herrera: DECEMBER 1, 1998 PAGE 3 M/Chang presented C/Herrera with a gavel in recognition of her service as Mayor for the 97-98 term. On behalf of City staff, CM/Belanger presented C/Herrera with an "Energizer Bunny." C/Herrera thanked Council for their cooperation and staff for their support during her term as Mayor. RECESSED TO REDEVELOPMENT AGENCY: M/Chang recessed the meeting to the Redevelopment Agency at 7:20 p.m. RECONVENE CITY COUNCIL MEETING: M/Chang reconvened the City Council meeting at 7:30 p.m. RECESS: M/Chang recessed the meeting at 7:31 p.m. for a reception. RECONVENE: M/Chang reconvened the meeting at 8:06 p.m. 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS (Cont'd.): 3.7 Verbal presentation given regarding slope maintenance and how homeowners can guard against landslides on their property by DCM/DeStefano and John Loehman with the firm of Kleinfelder & Assoc. C/Ansari recommended that the information regarding slope maintenance be incorporated in the next community newsletter. C/Herrera suggested that the Homeowner Guidelines for Slope Stability be posted on the community bulletin boards and on the Channel 12 bulletin board. MPT/O'Connor asked that the information be sent directly to the City's Homeowners' Assns. C/Huff suggested that homeowners who do not have the means to maintain slopes that need cleaning call City Hall and speak with a Council Member for possible assistance. 4. PUBLIC COMMENTS: Dr. Lawrence Rhodes asked that Council consider placing Council Comments directly following the Consent Calendar on the meeting agenda. Nick Anis spoke in favor of Consent Calendar Item No. 6.7, multi -way stop signs at the intersections of Summitridge Dr. at Breckenridge Dr. and Longview Dr. at Brookwood Dr., and to install 20' of red curbing along the west side of Longview DECEMBER 1, 1998 PAGE 4 south of Brookwood. He congratulated former Mayor Herrera and the Council for an excellent year. Jeff Koontz, D.B. Chamber of Commerce, said he too is pleased that the City Council is functioning professionally and cohesively. He announced that on January 22, 1999, there will be a "State of the City" Breakfast at 7:30 a.m. The location is to be determined. On December 17, a Chamber Mixer will be held at the Scoreboard on Temple Ave. Admission is donation of a stuffed animal. On December 10, a Legislative Breakfast will be held at 7:30 a.m. at the D.B. Golf Course, and on December 16, the Pomona Valley Red Cross will hold a Blood Drive from 12:00 noon to 6:00 p.m. Contact Darlene Vega at (909)622-1348 for further information. He stated that the Chamber will include the slope maintenance information in their December 15 issue of The View. Carol Long asked Council to approve Consent Calendar Item No. 6.7. She urged Council not to consider placing a Library and City Hall near Summitridge Park because of the traffic problems. Captain Richard Martinez presented third quarter crime statistics information. 5. SCHEDULE OF FUTURE EVENTS: 5.1 PLANNING COMMISSION - December 8, 1998 - 7:00 p.m., SCAQMD Auditorium 21865 E. Copley Dr. 5.2 CITY COUNCIL MEETING - December 15, 1998 - 6:30 p.m., SCAQMD Auditorium, 21865 E. Copley Dr. 5.3 PARKS & RECREATION COMMISSION - December 17, 1998 - 7:00 p.m., SCAQMD Hearing Board Room, 21865 E. Copley Dr. 5.4 CHRISTMAS HOLIDAY - City Offices will be closed Thursday, December 24 and Friday, December 25, 1998 in observance of the Christmas Holiday. Offices will reopen on Monday, December 28, 1998. 5.5 HOLIDAY TREE RECYCLING - January 4-18, 1999 - Holiday Recycling Program pickup of Holiday trees with regular trash. 6. CONSENT CALENDAR: C/Ansari moved, MPT/O'Connor seconded, to approve the Consent Calendar as submitted. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.1 APPROVED MINUTES - Town Hall Meeting of November 7, 1998 as submitted. DECEMBER 1, 1998 PAGE 5 6.2 RECEIVED & FILED TRAFFIC & TRANSPORTATION COMMISSION MINUTES - Regular Meeting of October 13, 1998. 6.3 APPROVED VOUCHER REGISTER - dated December 1, 1998 in the amount of $327,159.33. 6.4 RECEIVED & FILED TREASURER'S REPORT - Month of October, 1998. 6.5 EXONERATED CASH DEPOSIT IN LIEU OF GRADING BOND (FAITHFUL PERFORMANCE, LABOR & MATERIAL) FOR 2680 BLAZE TRAIL IN THE AMOUNT OF $17,865. 6.6 AWARDED PLAN CHECKING SERVICES FOR VESTING TENTATIVE MAP 50314 IMPROVEMENT PLANS AND FINAL MAP - to Hall & Foreman, Inc. in an amount not -to -exceed $14,010.90. 6.7 ADOPTED RESOLUTION NO. 98-68: A RESOLUTION OF THE CITY OF DIAMOND BAR TO INSTALL MULTI -WAY STOPS AT THE INTERSECTION OF SUMMITRIDGE DRIVE/BRECKENRIDGE DRIVE AND LONGVIEW DRIVE/BROOKWOOD DRIVE AND TO INSTALL TWENTY FEET (20') OF RED CURBING ALONG THE WEST SIDE OF LONGVIEW DRIVE, SOUTH OF BROOKWOOD DRIVE. 7. PUBLIC HEARING: 7.1 INTRODUCTION OF THE DRAFT SUBDIVISION ORDINANCE. Following staffs report, M/Chang declared the Public Hearing open. There being no public testimony offered, M/Chang continued the Public Hearing to December 15 for additional public testimony. At that time, the matter will be continued to a Work Study Session on January 5, 1999. 8. OLD BUSINESS: 8.1 CONTRACT AMENDMENTS: (Cont'd. from November 17, 1998) a) DIAMOND BAR BOULEVARD AT MONTEFINO AVENUE AND QUAIL SUMMIT DRIVE TRAFFIC SIGNAL INSTALLATION. b) AMENDMENT FOR THE DIAMOND BAR BOULEVARD AT MONTEFINO AVENUE AND QUAIL SUMMIT DRIVE TRAFFIC SIGNAL INSTALLATION PROFESSIONAL INSPECTION SERVICES. Dr. Lawrence Rhodes again spoke in favor of installing "chirpers" at these intersections. DECEMBER 1, 1998 PAGE 6 Following CM/Belanger's presentation and Council discussion, C/Herrera moved, M/Chang seconded, to approve a contract amendment with ProTech Engineering in an amount not to exceed $10,874 and amendment to the contract with Warren Siecke for inspection services in an amount not to exceed $20,500. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 9. NEW BUSINESS: None RECESS TO REDEVELOPMENT AGENCY MEETING: M/Chang recessed the meeting to the Redevelopment Agency at 9:43 p.m. RECONVENE CITY COUNCIL MEETING: M/Chang reconvened the City Council meeting at 9:51 p.m. 10. COUNCIL SUB -COMMITTEE REPORTS & COUNCIL MEMBER COMMENTS: C/Huff reported that, during the recess, he presented a City Tile to the D.B.H.S. Marching Band during tonight's performance at the high school. He thanked the band members and leaders for their dedication. He stated that a portion of the proceeds from the sale of books through D.B.H.S. and Amazon Books go to support the band. He looked forward to serving on Council with M/Chang and MPT/ O'Connor. C/Ansari stated that she was honored to be at the Chino Mosque for an all -weekend conference last weekend. She is involved with the Regional Water Quality meeting and she is serving on the Santa Ana flood plain committee. She attended a Contract Cities meeting on Tuesday. She stated that Barbara Ruth, who recently passed away, was involved with many activities in the City along with her husband Bob. Services will be held on December 2 at the Pearson Funeral Home, 1300 Central Ave., Chino. C/Herrera stated that 1998 had been a remarkable year, full of achievements. Difficult topics such as Solid Waste Collection and Off-site Parking problems were discussed and debated by citizen's groups and City staff. Solutions were offered and are currently being refined. Telecommunications sites were also addressed by a citizen's group and solutions were offered. The Redevelopment Agency flourished, participating with L.A. County and Friends of the Library to jointly complete the rehabilitation of the Library. The Agency also assisted in attracting Travelers Insurance Group, a Fortune 500 company to locate in D.B. In addition, Allstate Insurance, another large company, is discussing a possible move to the community. The City continues to maintain its high standards by controlling its slow growth pattern of 5.6%. She cited the recent approval of the SunCal project which DECEMBER 1, 1998 PAGE 7 resulted in the donation of 85% of the developer's property to open space for a total benefit of $5.6 dollars. The City's Development Code and the Parks Master Plan were adopted. Crime rates continue to decline in the City. Council continues to uphold its public safety standards. The safety of our children and our schools continues to be a high priority for Council with the commitment of additional funds in this area. Planning for the future is underway by the Community Center/Civic Center Task Force. None of these things could have happened without communication, collaboration and consensus building. None of these things could have happened without the cooperation and support of fellow Council Members and staff. She thanked her fellow Council Members for attending numerous study sessions throughout the year. Many important issues were resolved during these sessions. She thanked the staff for their support. She thanked the citizens for their participation. She stated that it has been her privilege to serve as Mayor during the past year. MPT/O'Connor stated that she had attended the November 18 Contract Cities dinner. On Thursday, November 19, she attended the CLOUT Meeting at which Senator Brulte spoke about the future of the State as a result of the November elections. Yesterday, she attended a special WCCA meeting during which a partial acquisition of Tonner Canyon was discussed. During the past week, Council met with the different departments of the City and staff. She commended staff for their service to the City. On Friday, December 4, the YMCA will hold its annual Golf Tournament. She encouraged residents to participate. M/Chang congratulated Council for its many accomplishments during the past year. He thanked C/Herrera and C/Huff for their leadership and the City's staff for their professional work and consultation. 11. ADJOURNMENT: There being no further business to conduct, M/Chang adjourned the meeting at 10:07 p.m. in memory of Barbara Ruth. ATTEST: Mayor TOMMYE CRIBBINS Deputy City Clerk CITY OF DIAMOND BAR MINUTES OF THE PARKS & RECREATION COMMISSION HEARING BOARD ROOM OF S.C.A.Q.M.D. 21865 Copley Drive SEPTEMBER 24, 1998 CALL TO ORDER: Chairman Finnerty called the meeting to order at 7:05 p.m. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by Commissioner Anis. ROLL CALL: Present: Chairman Finnerty, Vice President Nolan and Commissioners, Anis, Holder and Pruitt. Staff: Bob Rose, Community Services Director and Wendy Bowman, Community Services Supervisor. MATTERS FROM THE AUDIENCE - None 1. CONSENT CALENDAR: 1.1 Approval of Minutes of August 27, 1998 Regular Meeting. C/Pruitt moved, C/Holder seconded, to approve the minutes of August 27, 1998 as corrected. The motion carried 5-0 by the following Roll Call vote: AYES: COMMISSIONERS: Anis, Holder, Pruitt, VC/Nolan, Chair/Finnerty NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None INFORMATIONAL ITEMS: 2. Recreation Update CSS/Bowman presented the recreation update. CSS/Bowman responded to Chair/Finnerty that the five "very poor" evaluation SEPTEMBER 24, 1998 PAGE 2 PARKS & RECREATION COMMISSION ratings were as a result of complaints about inadequate fields and field maintenance at Heritage Park. CSD/Rose stated that the current evaluation system has been used by the Cities of Brea and Diamond Bar for the past 10 to 12 years. During that time, it is extremely rare that Diamond Bar has received any rating below "fair". As a result of the recent evaluation, staff met with Accurate, the City's maintenance company, to discuss the issues of concern. Ron Briggs of Accurate stated that his crew members have been retrained to drag the ball fields on a daily basis. He presented a copy of a chart of daily maintenance for use by his crew. He said he believes his firm has taken the necessary steps to insure that these types of problems will not occur in the future. VC/Nolan asked that in the event of evening use, the fields could be dragged later in the day. Ron Briggs explained that his firm is on a tight schedule. However, dragging of the fields could be postponed until after lunch if necessary. VC/Nolan reiterated his concerns about the litter problems at Sycamore Canyon Park. Chair/Finnerty suggested that the schedule be changed to drag the Sycamore Canyon Park infield after lunch. VC/Nolan stressed that the maintenance of public restrooms is also critical. Ron Briggs responded to VC/Nolan that his crew finds a lot of trash and beer bottles at Pantera Park. Accurate employs approximately 250 people and covers all of south Orange County, Perris and Moreno Valley in Riverside County and the east end of Los Angeles County up to Azusa. Cities of Diamond Bar, Moreno Valley, Irvine, Tustin, San Dimas and Corona are Accurate clients. He said he has noticed a path near the tennis courts at Pantera Park that the kids use for biking and skateboarding. He suggested that the City might construct a railing to avoid potential liability. CSS/Bowman asked for a copy of the maintenance schedule. She said she is concerned that on Monday mornings, the Pantera Park Tot Lot requires maintenance by the Tiny Tots staff. Possibly, Accurate could adjust their schedule to accomodate this need. SEPTEMBER 24, 1998 PAGE 3 PARKS & RECREATION COMMISSION CSD/Rose responded to Chair/Finnerty that temporary signage is being installed at Pantera Park tomorrow. Chair/Finnerty suggested that a surveillance camera be placed on the building at Pantera Park. She said that animal excrement presents a health hazard to small children. City Code specifies that dog owners must remove the offensive materials. Ron Briggs suggested placing baggie containers at park locations for use by animal owners. CSD/Rose stated that the City has budgeted to place containers in the parks this year. C/Pruitt indicated she has observed more trash in the parks in recent weeks. Chair/Finnerty said she believes the parks need more trash containers. C/Anis stated that teams in the summer Youth Baseball program have had to wait to start play at Heritage Park while staff members prepared the fields. She said she also noticed that the bleacher seats are dirty. She indicated she frequently walks to the top of Summitridge Park and has observed the same trash articles for two or three consecutive days. VC/Nolan suggested the City engage people who have community service obligations to pick up trash in the park areas once or twice a year. C/Pruitt recommended that the City coordinate its efforts with the Chamber of Commerce's community service program. Chair/Finnerty suggested the City invite schools to participate in a cleanup program. C/Pruitt recommended that school representatives be invited to a future Commission meeting to discuss a possible exchange program. She said she believes that the recreation staff has an opportunity to point out potential problems at the beginning of their program year to insure that the parks are being properly maintained. CSD/Rose stated he believes VC/Nolan's suggestion is good and that he believes that it is a good idea to get the schools and the youth involved in the program. He reminded the Commission that the City has an "Adopt a Park" program. He SEPTEMBER 24, 1998 PAGE 4 PARKS & RECREATION COMMISSION suggested a special event "Spring Clean Up Day" at Sycamore Canyon Park whereby people could get some hours of community service time. CSS/Bowman completed the recreation update report. OLD BUSINESS: 3. 501(c)(3) Non -Profit Foundation. CSD/Rose reported that the Commission reviewed the draft Bylaws and Articles of Incorporation at its August 27, 1998 meeting. Revisions discussed on August 27 have been made and incorporated within the draft documents. Staff recommends that the Commission review the updated draft Bylaws and Articles of Incorporation and provide input on these documents. Staff further recommends that the Parks and Recreation Commission recommend to the City Council that a 501(c)(3) non-profit foundation be established as outlined in the draft documents. C/Anis motioned that the Commission recommend to the City Council that a 501(c)(3) non-profit foundation be established, seconded VC/Nolan. 4. Proposed Agenda for the October 6, 1998 joint Meeting with the City Council. CSD/Rose stated that the Parks and Recreation Commission will meet with the City Council on Tuesday, October 6 to discuss matters of interest to the Commission. Staff recommends that the Parks and Recreation Commission finalize topics recommended for discussion. NEW BUSINESS: 5. Civic Center/Community Center Task Force. CSD/Rose stated that Mayor Carol Herrera has established a Civic Center/Community Center Task Force which will include two representative members of the Parks and Recreation Commission. The meetings are slated to begin in mid-October and conclude with a report to the City Council by June 30, 1999. Staff recommends that the Parks and Recreation Commission Chairman appoint SEPTEMBER 24, 1998 PAGE 5 PARKS & RECREATION COMMISSION two Commissioners to the Task Force. Chair/Finnerty appointed Chairman Finnerty and Vice Chairman Nolan to serve on the Civic Center/Community Center Task Force. ANNOUNCEMENTS: C/Pruitt stated she attended the World Champion Little League Banquet. The Mayor and City Council presented plaques to each of the players, plus presented a plaque which will hang at the Little League field. Pop Warner Football Grand Opening at Pantera Park was a huge success. The Quail Summit Elementary School dedication ceremony will be held at 10:00 a.m. on October 22. C/Anis stated she participated in the three mile Muscular Dystrophy Great Walk on Sunday and attended the Health Fair Exposition following the walk. She stated that about 1,000 people participated in the walk. She also attended the Heritage Park Bench Dedication for Oscar Law. C/Holder expressed her support for improving the asphalt median at Gold Rush. She also reported that graffiti artists are out again at Tin Drive and Diamond Bar Boulevard. VC/Nolan thanked staff for inviting the Accurate staff to the meeting to discuss Sycamore Canyon Park cleanup. Chair/Finnerty said that although she could not attend the Oscar Law Memorial Dedication she is very pleased that it went well. CSD/Rose stated that Steve Tye was in attendance at the Dedication. Eleanor Law and her sister were also in attendance and very proud and pleased about the ceremony. SEPTEMBER 24, 1998 PAGE 6 PARKS & RECREATION COMMISSION ADJOURNMENT: C/Anis moved, C/Pruitt seconded, to adjourn the meeting. There being no other business to come before the Commission, Chair/Finnerty adjourned the meeting at 9:39 p.m. Respectfully Submitted, /s/ Bob Rose Bob Rose Secretary Attest: /s/ Annette Finnerty Annette Finnerty Chairman CITY OF DIAMOND BAR MINUTES OF THE PARKS & RECREATION COMMISSION HEARING BOARD ROOM OF S.C.A.Q.M.D. 21865 Copley Drive OCTOBER 22, 1998 CALL TO ORDER: Chairman Finnerty called the meeting to order at 7:05 p.m. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by Vice Chairman Nolan. ROLL CALL: Present: Chairman Finnerty, Vice President Nolan and Commissioners, Anis and Holder. Absent: Commissioner Pruitt. Staff: Bob Rose, Community Services Director and Paolo Lopez, Recreation Specialist, Adult & Youth Sports, City of Brea MATTERS FROM THE AUDIENCE - None PRESENTATIONS: 1. Presentation of Certificates and stipends to Summer Volunteens. The Commission presented awards to the following individuals: Crystal Avelar, Age 14, for 228 hours of service Shannon Avelar, Age 15, for 240 hours of service Jason Block, Age 14, for 273 hours of service Mitchell Lasser, Age 14, for 368 hours of service Renee Stiles, Age 13, for 262 hours of service Sam Ung, Age 14, for 398 hours of service OCTOBER 22, 1998 PAGE 2 PARKS & RECREATION COMMISSION Katie Webb, Age 13, for 251 hours of service RECESS: Chair/Finnerty recessed the meeting at 7:11 p.m. RECONVENE: Chair/Finnerty reconvened the meeting at 7:37 p.m. CONSENT CALENDAR: None INFORMATIONAL ITEMS: 2. Recreation Update RS/Paolo Lopez, presented the Recreation Update. 3. Recreation Contract Amendment. CSD/Rose stated for the Commission's information, that the City of Diamond Bar is pursuing an amendment to the recreation contract to give latitude to the City to add programs that pay for themselves up to a limit of about $10,000 per year. This matter will be presented to the City Council at a future meeting when the proposal has been accepted by the City of Brea. 4. CIP Project - Update. a. Sycamore Canyon Park - Development of Riparian Habitat. CSD/Rose reported that construction is underway to create a Riparian Habitat which is paid for by Standard Pacific. As part of the environmental mitigation for their project known as Diamond Crest Homes they are required to provide a Riparian Habitat that replaces the habitat that was lost as a result of the construction project. The habitat must be completed prior to issuance of final occupancy for the homes. b. Heritage Park/Ronald Reagan Park ADA Retrofit CSD/Rose stated that the Heritage Park/Ronald Reagan Park ADA Retrofit is projected to begin construction between January and April, 1999. C. Lorbeer Middle School - Ballfield Lights CSD/Rose stated that the City met with David Evans & Associates, the OCTOBER 22, 1998 PAGE 3 PARKS & RECREATION COMMISSION architect for the project and Pomona Unified School District representatives yesterday at Lorbeer Middle School. Plans are expected to be available to bid the project in February, 1999 with completion of the installation by the end of fiscal year, June 30, 1999. S. Chino Hills State Park Master Plan. CSD/Rose reported that the comment period for the Draft Master Plan for Chino Hills State Park is from October 16 through December 2, 1998. Copies of the draft Master Plan are available at the Diamond Bar Library and the Community Services Department. Although the Commission will not be commenting on the plan as a group, Commissioners are welcome to review the document and submit their individual comments directly to State representatives. 6. Remaining 1998 Commission meeting Schedule. CSD/Rose stated that due to the holiday season, the November and December meetings have been rescheduled to Thursday, November 19, 1998 and Thursday, December 17, 1998 respectively. OLD BUSINESS: 7. Installation of Soda Machines in the City's Parks. CSD/Rose stated that this subject was last considered by the Parks and Recreation Commission on May 22, 1997. At that time, the Commission recommended the approval of the installation of soda machines in the City's parks to the City Council. Staff is now prepared to present this subject to the City Council and would like to have additional Commission input on the matter. Based upon the Commission's prior recommendation, staff will recommend to the City Council that it approve installation of soda machines in the City's parks. Following discussion, the Commission concurred to uphold its prior recommendation that the City Council approve installation of soda machines in the City's parks. Chair/Finnerty asked that the May 22, 1997 motion (Page 8 of the meetings minutes) that states: To accept the concept of soda machines in eight (8) designated City parks that includes Pantera Park to generate revenue for the City be forwarded to the City Council with the following addition: That the revenue from the soda machines be used to help defray the cost of maintaining the City's CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO: Mayor Chang and Mayor Pro Tem O'Connor �Vl FROM: Linda G. Magnuson', Assistant Finance Director SUBJECT: Voucher Register, December 15, 1998 DATE: December 10, 1998 Attached is the Voucher Register dated December 15, 1998. 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 December 15, 1998 have been reviewed, approved, and recommended for payment. Payments are hereby allowed from the following funds in these amounts FUND DESCRIPTION PREPAID VOUCHERS TOTAL 001 'GENERAL FUND 119,005.74 501,743.59 620,749.3:--: 112 PROP A - TRANSIT FUND .0O 38,586.27 3858627 115 INTEGRATE� D WASTE MGT FUN ~ 00 92^ 82 ` ^ 92 82 118 AIR QLTY !MPR FD 'AB2766) ._ OO 3�� �- 3.51 ^ 343.51 138 LLAD #38 FUND .00 6,�29.67 6 429.67 139 LLAD #39 FUND .00 6 435.37 6`435^�7 14. LLAD #41 FUND .00 1`450.00 1`450^0O 250 CAPITAL IMPROV/PROJ FUND 12,770.00 17`922.89 30`692~89 510 SELF INSURANCE FUND 00 1`276.00 1`276^00 REPORT FOR ALL FUNDS APPROVED BY: Ass"StGnt Finance Director � 131,775'74 574,280.12 706,055.86 RUN DATE: 12/09/1998 17:29:45 t� ':.AMtOND BAF; VOUCHER REGISTER PAGE: 1 DUE THRU FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION PREPAID AMOUNT DATE CHECK 3CMA 0014095-42315-- MEMBER DUES—FY 98/99 595.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 0{, TOTAL DUE VENDOR 595.00 ACCURATE LANDSCAPE 0015 50-45305-- 7544/0717t1 STAGE TAKE DOWN SVCS �OO,OtI 0015313-42 2 10-- 7`43;811443 IRRIGATN REPAIRS-HRTG 1!3,36 1415541-422210-- 7 5 4 .31 /l 3112 SLOPE PLNTu SVCS-NO`v 1 4�ii,in; TOTAL PREPAIDS .00 TOTAL VOUCHERS TOTAL DUE VENI!OR 1,75_:.86 ALAERTSONS 00140:'0-43 MEETING SUPPLIES 85.95 12/15/1998 3504 TOTAL PREPAIDS ;85.98 TOTAL VOUCHERS 00 TOTAL DUE VENDOR 85.92, AMERICAN MINI STORAGE 6014090-4::140-- 817'! RENT -STORAGE UNIT #371 1,34 .00 12/15/1998 3511 TOTAL PREPAIDS 1,34.00 TOTAL VOUCHERS . .00 TOTAL ItUE VENDOR 1,342.00 AMERICAI+ P%Ald;llt':G A5SuC1ATiON ti; l52 1f) 42315-- 1147?1 MEMBER DUES -FY 9"/99-PLNG 2 30.00 TOTAL F'REPAIDS .00 T 0 T AL VOUCHERS 230,00 TOTAL DUE VENDOR AMER i f- irrl=. SIFIET'i OF CIVIL ENGIN"ri_ :JPC mo . 31,_ .l )l MEMBER DUES -FY 98/9u 23,00 TOTAL PREPAIDS ijp TC!TA'_ VOUCHERS 22. 00 TOTAL DUE VENDOR - t:l.I!!1 AMERICOM-P IMAGING SYSTEMS AY -1 7 "- tl-' TONER CARTRIDGES 54.94 TOTAL PREPAIDS .00 TOTAL VOUCHERS 54.94 TOTAL DUE VENDOR .404 AMT TRAVEL CENTERS �.. tIt,14:;4 1-42:'0 AIRFARE-CCLK SEMNR 175. 06 12/:'S!1`?"c_; 352'04 TOTAL PREPAIDS 175 hal L TOTAL VOUCHERS TOTAL DUE VENDOR 1,5 00 APPLEONE EMPLOYMENT SERVICES TEMF'-EN: SECRTRY W/Ell/14 42)4.Of) TOTAL PRFFAIDS ,0t) TOTAL VOUCHERS 429,00 T TAL DUE VENDOR iy RUN DATE: 12/09/1999, 17:29:45 -:. ! �. AM' ND FAR VOUCHER fiE=I TES' PAS; DUE THRU; FUND/SECT—ACCT—PROJECT—ACCT v 0 # INVOICE DESCFIPTPIN PREPAID AMOUNT DATE CHECK ARMENTR'OUT CONSULTANTS 0014440-44040-- 7771 EMEF :'FEF PRO; SVCS—NOV 1,340,00 TOTAL PREPAIDS of) TOTAL VOUICHERS 1,340.00 TOTAL DUE VENDOR 1,340.00 HUMBERTO AVILA 001-34740 28554RE:CREATI[_Ai REFUND 59.00 TOTAL PREPAICIS loo TOTAL VOUCHERS 59.00 TOTAL DUE !VETNUaOR 59.00 AVR. i-41332`)-- 0014010-4223320-- LR—'1754 VIDEO NEWS. CLIF 97.01 TOTAL PREF'AIDS .s:Ka TOTAL VOUCHERS 97.01 TOTAL DUE VENDOR 97.01 B&K ELECTRIC WHOLESALE 0015316-42216 815=;—OPEN TIMER—MAPLE HILL TENN CT 56.07 TOTAL PREPAIDS .00 TOTAL VOUCHERS 58,07 TOTAL DUE VENDOR 58.07 LISA BARSAMIAM ii(i l -23002- - 427" REFNDiDEPST—SYC PRTELE 100.00 TOTAL F'REPAIDS 00 TOTAL VDUCHERS 100.00 TOTAL DUE :!END IF 100.00 BEST LIri�Tlr,_; 15" 4221 ` L1'?7.4 ELECT REPAIRS.—SUMTFDGE 412.95 Tf7T^, GREPAiDO .00 TOTAL VOUCHERS, -1 4.�.9_ TOTAL DUE VENDOR 411.95 Et_ 1 7 A.PE T H BOWERS 42'" 25 REFND DEPST—SUMTRDiGGE PRK 50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS ai; 50. 00 TOTAL DUE VENDOR 5 iia CITY OF BREA � CONTRACT SERVICES-NOV 43,196,42' TOTAL PREPAIDS .00 TOTAL VOUCHERS 4=. 196.42 TOTAL IiijE VENDOR 43,196.42 i f U-_ rt 1 AMJNi. BAF: RUN DATE: 12/09/1998 17:29:45 VOUCHER RE 1STEFF' PAGE: _ DUE THRU: 12/15/1992 FUND/SECT-ACCT-PROJECT-ACCT BRYAN STIRRAT i. ASSOCIATES INC (<)15551-4522; - 0015510-45227-- 0015551-45223-- 0015510-45247-- 0015551-45223-- 0015510-45227-- 0015510-45227-- OO1551O-45 _7-_ 0015551-45223-- On15510-45227-- 001555 i -45 CALIBUR CONSTRUCTION INC CHARLES ABBOTT ASSOCIATES INC Oni5510-452':7-- « (1(il55__58 ,-__-4551:1-- 0-i 115:51 c 1-455?ff 1`52-45.508 - - OC)15510-455(1= - - .I..:-- iil?15551'4452 !1'}15511 i -4521-- (t01 u'.. (1(r==.1C.-4522'__ 2:012-- -155 - ._,;0-455,02- - CINTAS CORPORATInN PO # INVOICE DESCPIPTION 7844 981448 PLN CHECK SVCS -SEPT -QCT 6161 -CO PROF SVCS -981356 8012 981454 PROF SVCS -PLN CHECK 778- 981355 PROF SVCS -RET WALL INSP y81346 GRADING PLAN CK: 626.3/981478 PROF Sl,C'S-SEPT-OCT 6116 -CO PROF SVCS `1':56, h3? ,-CC PROF SVCS -9'V 1J;JJ��. 981355 RET WALL -PLAN CHECK 782', 98145 PROF SVCS -GRADING INSP "115 981454 PROF SVCS -ENG PLAN CHECK': TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 7'�'S4 5075 ELECTRIC �_O UTLE, ITE 1!�;i TOTAL F'REPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 7679 17= R'.ETAINING WALL INSPECTION 778- 04`':2, _ 2 2: ND, -TREE WATER SERVICES 757_ f'='=-420 NOV-STREET MAINT 757ri C14--4^ri NO`:' -SIGNING /MARK.ING 21,22,2_ 0'-WEED/PKWY MAINT SVCS 7TS ij4'=' 21," x NOb"-BUS SHELTER IP?�- rTNS c S Er 1`,:? ENG PLN CHC;' S'•.'CS-OAKV NO' - '6'i=5 Cm'ADG INSP-INDIAN CRK. 7172;17:_ GRADING INSF SVCS a r=' ENGR INSP SVCS-WOODBRDGE PROF SVCS-Eha ' _:-151 S(''=' `170 PROF SVCS -EN `=+6. . -1J1 45' ;'1=' ENFh' INSP 5VCS-WOOD5RDGE 17d RETAINING WALL INSPECTION " 10/ i Q PROF SVCS -EK! 98-214 ENGR INSP SVCS-TR47051 X2:;4.; 177 IP1SP S :S-SOUNDWALL 7571 049-420 NOV-ROAD MAINT INSPECTN SVCS-Ta�<<(14 TOTAL F'REPvTDS TOTAL VOUCHERS TOTAL DUE VENDOR: i. C U6„RMS-F'PK_ .,TFF 75:;” 15(11942'::1 UNFRMS-PRIK STFF-W/O 11/2_; TOTAL PREPAIDS TOT�,;L VOUCHERS TOTAL DUE VENDOR. AMOUNT 1,517.50 13.50 476.72 54.00 150.62' 31.50 140,$_ Oe. 12 54.00 i10.82, 244.47 .of) 876 (17 876.07 159.00 ,110 15`;,60 15'9 , 00 190.00 2,115.20 5, 4:37, 90 4,766:.74 4 525.11_: A 400. 00 63.75 73 11"51) 112.5O i,00-75 . 5C) 10'..25 539.06 7°, 32'. 14 534.. _ 562.5() ,00 55 'Q30.10 5,930,10 38. 94 38.94 PREPAID DATE CHECK RUN DATE: 12/09/1998 17:29:45 �. ti `-` JIAMUND BAR VOUCHER REGISTEF PAGE: 4 DUE: THRU FUND/SECT—ACCT—PROJECT—ACCT FC # INVOICE DESCPIF-ION PREPAID AMOUNT DATE CHECK CITY OF AREA 00150350-41200-- 7917 6.207 5UPPLIEE—PEC PROGRAM TOTAL PREPAIDS ,ia0 TOTAL VOUCHER'S 032. 2" TOTAL DUE VENDOR COFFEESMITH COMPANY 0014090-42325-- 7665 •r 230= MEETING UF'F'LIES TOTAL PREPAIDS .00 TOTAL VOUCHERS TOTAL DUE VENDOR CONDOL INTERNATIONAL cjirl— 3Uir2-- 491_56. REFND—DEF'ST—PANJTERA PRK 5ii.ti( TOTAL PREPAIDS 00 TOTAL VOUCHERS 5(; NO TOTAL IUE VENDOR 00 r•,e CONVERSE CON'J:_ItL TnNTS. v.FQT Ot'1-23(ii-- PROF SVCS—ENi,F, °8-2' 634.(i+i TOTAL PREPAIDS TOTAL VOUCHERS ., 6.34.00 TOTAL DUE VEN_IOR. 634. W CFF;S �;: 1 C �i 111_ •9 :'� _}I {-- fir " CORS CONdF-2/18-21—ROSE 00 .L PRS CONF—'2'1—21COMMSN .;S $_io,ca(a TOTAL PREPAIDS, rug TOTAL VOUCHERS 1,040.00 TOTAL D[JF VEND9F 1,045,00 CUMMIN{:_-ALLISON., C:"R�'ORATIDN = MAINT A.-RMNT—PE;=FERATOR: ?4,iva TOTAL F'REP.1iLl. TOTAL VOUCHERS 324.00 TOTAL DUE e`ENdDOR 24.00 D`ANTONI0,S; PI'STORANTF HOLDAY CELEB CERTIFICATE 25. '10 12/15/1998 35219 TOTAL PREPAID' `5 TOTAL VOUCHER'S: .u0 TOTAL DUE VENDOR Y= Dr} =ONvA DAVIS 0a 4 88 46, REFUND—XMAS SPECTACULAR E.4.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 64.0 TOTAL DUE VENDOR 64,00 DAY & NT TE COPY CENTER 0015':1; —4"110-- ` n_ Bl�'= DRAFT DVLF'MT CODE COPIES D'71:35 TOTAL PREPAIDS .00 TOTAL VOUCHERS 89,31. TOTAL DUE VENDOR 893.39 RUN DATE: 12/09/1998 17:29:45 .... 1HrL1U A. VOUCHER F;E51 1F PAGE: ` DUE: THRU: FUND/SECT—ACCT—PROJECT—ACCT PO # INVOICE DESCFIPT DN PREPAID AMOUNT DATE CHECK DEKRA—LITE 0014095-41400-- '022 9:524 BANNERS-1—TTLE LEAG CHAMPS 3,763.33 TOTAL PREPAIDS ,00 TOTAL VOUCHERS 3,7F,'3.32 TOTAL DUE VENDOR 3,763.2:; DELTA CARE PMI 001-21104-7 UEC—DENTAL. PREMS -2.23. rJ. 12,115/19-K. 35212 TOTAL PREPAI=15 TOTAL VOUCHERS TOTAL DUE VENDOR 223.29 CAROL DENNIS 0014:)41)-44000-- 17.5,'- UBCC93W"' MINUTES—CC MTG-11;`3,17 -j:jia,ilia TOTAL PREPAIDS TOTAL VOUCHEF'S- 1430. !, TOTAL DUE VENDOR 230.00 DEPARTMENT OF TRANSPORTATION QCa1991i;-45501`-- 7945 147444 SI13NAL/LIGHT MAINT—SEP'T 11311.55 TOTAL PREPAIDS of) TOTAL TOTAL VOUCHERS 1,311.85 TOTAL DUE VENDOR 1,311.85 DIAMOND BAR BUSINESS ACSSOCIATES #19 0014090-42146-- 78:_0 DEC LEASE—SUITES 100,190 17,-361.30 TOTAL PREPAIDS TOTAL VOUCHERS 11,361,31 TOTAL DUE VENDOR 111361,1 DIAMOND BAR COUNTRY CLUB 0014096-42:315-- 8181 CITY HOLIDAY CELEB-12/9 2,651.1_, 12/15/1592 3521. TOTAL PREPAIDS —'r ,651.18 TOTAL VOUCHERS 0{a TOTAL DUE VENDOR 2,651.1 DIAMOND BAR. INTERNATIONAL DELI �i ,- 1, SUPPLS-11/17—MTG 87.49 TOTAL PREPAIDS ,Esta TOTAL VOUCHERS ;7.49 TOTAL DUE VENDOR 87.49 i i.AMi ti _:AR RUN DATE: 11/09/1998 17:29:45 ?lOUC R RE I TE-' PAGE: 6 PREPAID FUND/SECT—ACCT—PROJECT—ACCT F'0 # INVOICE DESCRIPTION AMOUNT DATE CHECK DIAMOND RAR PETTY CASH 0015210-41200-- P,.NG—SUPPLIES 4.94 0015310-42325-- CS—MEET',lS 5.50 0015318-42210-- F'ANTERA—I•:EYS 2.14 0015551-4 .3'.5-- PW—MTG': 5.00 001531i-412ixa-- C—SUPFLIES 0014090-42325--13 G=N GOVT -MEETINGS 2.99 0014090 -41200 --GEN GO 'dT-5UF'F'LIES 18.50 0014090-42200-- EQUIP MTCE-GEN GOVT 10.00 0014010-42 325-- , CITY ':NCL MTGS 5.00 0014030-4:10-- CITY MGR -CONFERENCE 10,x0 0014010-412,00-- x-- C]�TY GNCL-SUP'P'LIES 2.11 0014095-41200-- C:,MKTu SUPPLIES 1,07 0014040-41125-- v C-'LK-TELE°HONE ^ �� 0014090 -42 -125 -- GEN GOVT—TELEPHONE 10,40 TOTAL PREPAIDS p0 TOTAL VOUCHERS y1,23 TOTAL DUE VENDOR DIAMOND BAF; REDEVELOPMENT AGENCY (tial -1..150-- AL'VNCE EkPENOITRES-1'2/15 ?,124.11? TOTAL PREPAIDS .00 TOTAL VOUCHERS 7,124.70 TOTAL DUE VENDOR 77124.70 DIAMOND RAR SENIOR CLUB 010141 10-42-3 'S-- XMAS CELER-1'2118—C.,NCL 48,.Q0 12/15/1.98,; 35217 y TOTAL PREPAIDS 48.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 48.00 DIAMOND EA";'WAL :LiT YM' =A (j'j1409 j-421'.`-- SF'NSRSHIP—D DELIO TP,NMT 150.00 I -J,115/1998 35201 4914= REFND;DEPST—HRTG PRK CTR 2:00.00 TOTAL PREPAIDS 150,00 TOTAL VOUCHERS ::00.00 TOTAL DUE VENDOR 350,00 DI WIND -PHOTO 001409 —42112-- 7515A 1'� t2 PHOTO PROCESS SVCS^ 14.8._ ?1x14095-4 112-- 7515A 196828 PHOTO PROCESS SERVICES 13.04 0014G95-42112-- 7515A 196830 PHOTO PROCESSG SERVICES = 5 TOTAL PREPAIDS 00 TOTAL VOUCHEF 51.227 TOTAL DUE VENDOR 51.27 EEGA 001-23012-- G811231A3: PROF SVCS—EN 'f8-'20" 500.00 63"i231A336 PROF SVCS—EN 98-113 600.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,100.00 TOTAL DUE VENDOR 1,100.00 RUN DATE: 12/09/1998 17:29:45 FUND/SECT-ACCT-PROJECT-ACCT FEDERAL EXPRESS 001-'223010-- 001-L ,010-- 0014090-42120-- 001-23010-- 001-2,3010-- FINDLEY REPORTS 0014050 -44000 -- FLOWERS ARE US 0014090-42395-- FOOTHILL 01490-4.295-- FOOTHILL TRANSIT ZONE 112555-3 555.3 ACC::_-.- 2 5 5 5 3 7103-, K:ELLEE .-ITZAL Oji • 140'c' SANDRA GARDEA 001 GFR FRIEDRICH k ASSOCIATES INC 0015=51-452231 �cla-- 0015551-4523-- �< '2; � I1 .,.,11i-4�. , LUZ GINWALA 001 -34760 -- AMOUNT PAGE: 7 48.25 16.00 22.50 IS. 125 20.50 ,00 325.50 .QQ 50,n0 50. 00 62.:4 40.59 . 110 102.8 5,700.00 �i 52 1 . •,i 6.999.52 FV.j9 C , ,.,y 175.49 ,DO 175.4'? 175.4'=' 50.00- . 00 0.00- ,0{ 50.00 50.0: :;(Q. -J7 °76.65 5:.25 .00 742.:'' 742.27 82.0! .O0 82.01 =�.00 PREPAID DATE CHECK VOUCHER REGIS -10" DUE THRU: PO # INVOICE DESCRIPTION 4669:32172 EXPRESS,, MhIL-FPL 96-49 46693217 EXPRESS MAIL -FPL 92-1 466932172 EXPRESS MAIL -GEN 466932172 EA.PRESS MAIL -FPL 98-02 46693217 EXPRESS MAIL -FPL 9:3-06 TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR? 8-- ti'i1�1110 PRO,-- SV`SrF 96 TOTAL F'REF'AIDS TOTAL VOUCHERS: TOTAL DUE `,VENDOR :-:i 7 - 18_ 1 FLORL ARRANGEMNTS-J SALAS 314E-, FLWRS-SHERRIF BLOCK -10/2c, TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR ;.156 NOV-TRNST SUESDt FARES ":068 NOV-TRNST SUBSDY PRGRM TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR CONF-11/11-1-FR1TZAL TOTAL FREPrIDS TOTAL VOUCHERS TOTAL DUE VENDOR 491:11 REFND/DEPST-SUMTRDGE TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 7934 9 ;lit -25 GRADT:NG/PLAN CHECK: SVCS 7633%9810-23' GRADG/PLAN CHECK: SVCS 7237/9810-24 ENGR INSPECTN SVCS-RWALL. TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 'Mr -f) VRECREATION REFUND TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR AMOUNT PAGE: 7 48.25 16.00 22.50 IS. 125 20.50 ,00 325.50 .QQ 50,n0 50. 00 62.:4 40.59 . 110 102.8 5,700.00 �i 52 1 . •,i 6.999.52 FV.j9 C , ,.,y 175.49 ,DO 175.4'? 175.4'=' 50.00- . 00 0.00- ,0{ 50.00 50.0: :;(Q. -J7 °76.65 5:.25 .00 742.:'' 742.27 82.0! .O0 82.01 =�.00 PREPAID DATE CHECK RUN DATE: 12/(0/1998 17:29:45 VOUCHER RE'ISTE,' PAGE: 8 DUE THRU: 12l / 1=/ 1??8 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE IESCRIP1IIN AMOUNT DATE CHECK GRAND MOBIL tr.'114090-42200-- 8177 2813 MA I NT /REPA I RS- CORS I CA 475.62 TOTAL PREPAIDS ,W TOTAL VOUCHEPS 475.62 TOTAL DUE VENDOR 475.6;` GTE CALIFORNIA 0014090-42210-- 8150 CH89440 EQUIP MAINT-PHONE JACK 110.00 00140190-42125-- 00f5551-4512:'-- PHONE SVCS -GEN GOVT 1,988.23 W15:19-42125-- 443.47 PHONE SVCS -PETERSON 12.76 1185098-42125-- ENGR-INSP SVCS-TR478% PHONE SVCS -CITY ON LINE 167.43 00153'31-42126-- PHONE SVGS-SYC CYN PRK 31.81 0014095-42125-- 7P;;2 PHONE SVCS-ECON DVLPMNT 37.64 00153:31-4212`-- PHONE SVCS-SYG CYN 'RK 36.08 1185098-4 1'25-- .00 PHONE SVCS: -RBS MODEM 86.57 0014040-42125-- PHONE SVCS-MODEM-CCLK :7.82 1165098-42125-- TOTAL DUE VENDOR PHONE SVCS -BBS MODEM '89.51 0014095-42125-- PHONE SVCS-ECON DVLF' ;6.34 001`322-42125-- PHONE SVCS-RON REAGAN 43.61 4014+90-42125-7 PHONE SVCS -BLDG & SFTY 122.62 0015:'15-421'25-- PHONE SVCS -MAPLE HIL 4'.58 0015331-421'25-- PHONE SVCS -SYCAMORE CYN 61.21 0.ls3ci-4" 1 5-- PHONE SVCS-SYC CYN PRK 56.21 0G14)96-42125-- � � SFTY SVCS. -BLDG & PHONE 123.05 0014040-42125-- PHONE SVCS-MODUM LINE 44.71 0015331-4'2125-- PHONE SVCS-SYC CYN PRK: 56,21 TOTAL PREPAIDS .00 TOTAL VOUCHERS 3,1'1.45 TOTAL DUE VENDOR 3,191.45 HALL FOREMAN iai)1551i?-4521'-- ?x;31 '78' 7 GRADING INSF'ECTN-ALAMOHGT 291.41 00f5551-4512:'-- 37809 PLAN CHECK SVCS -VISTA 443.47 tji115510-45227-- __81t�,73tj6 ENGR-INSP SVCS-TR478% 324.79 0015510-4t2_27-- 9694 ENGR PLN CHI:: -STEEPLECHASE 112.`0 0015551-4522'-- 7P;;2 3780:' PLAN CHECK=: SPVCS-DERRINGF.' 140.90 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,312.07 TOTAL DUE VENDOR 1,313.07 HIP-HPOINT 05-4'111-- 7514 641« DIGITAL PREPRESS SERVICES 21.65 0014095-42111-- 7514 64178 PREPRESS SVCS -NEWSLETTER 808.09 t}iJ14050-42110-- ,75141E-4145 PRE-PRE55 SVCS-CAFR -684.03 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,513.77 TOTAL DUE VENDOR 1,51:3.77 _TY Ei= DIAM�JND EAR RUN DATE: 1/09/1998 17:29:45 VOUCHER P,EC'ISTF PAGE: 9 DUE THRU: 1/1--:/1998 PREPAID FUND/SECT—ACCT—PROJECT—ACCT PO # INVOICE DESCRIFTION AMOUNT DATE CHECK HOME DEPOT 1395539-42210-- 7534 15 1033 11 MISC SUPPLS—DIST #39 174.8,4 0015',22-42 1;0-- 7534/5160330 MISC SUPPLS—RONALD REAGN 19.29 0015:_18-4'2210-- 7534%514,03;1 MISC SUPPLS—PANTERA PRK 99.55 TOTAL PREPAIDS ,00 TOTAL VOUCHERS TOTAL DUE VEhiDOR 29;,.68 INLAND EMPIRE 0015250-45310-- 7943 11189:; STATELINE EXCURSION -111118 114.00 TOTAL PREPAIDS ,00 TOTAL VOUCHERS 114.00 TOTAL DUE VENDOR 114,01; INLAND EXPRESS 0014010-42:'25-- 8144 TRNSP—HR.TG DEDCTN CEREMNY 100,00 TOTAL PREPAIDS .00 TOTAL VOUCHER'S 100.00 TOTAL DUE VENDOR 100.00 INLAND VALLEY DAILY BULLETIN 001-2,30 if-- 02501;45 LEGAL AD—FPL 98-53 64 `" 02501972 LEGAL AD—FPL 98-54 77.52 0250197'LEGAL AD -FPL 98-56 77.51 002501_,7% LEGAL AD—FPL 92-3070;,'�0s 0Q1-21010-- 02501845 LEGAL AD—FFL 9'-55 64.3' 01-2301 tJ_ _ 0250154- LEGAL AD—FPL 98-55 155,X_ 001—'2 010--2,501 t �i `''`'_ 57 7- LEGAL AD—FPL .: 70.20 0501377 LEGAL AD—FPL 98-58 _ t 7 J,'20 TOTAL PREPAIDS ,00 TOTAL VOUCHERS 649,:34. TOTAL DUE VENDOR 649. 36 INT -L INST17UTE OF MUNICIPy_ CLERKS 2177/74073 MEMBER DUES—CCLK/AC:.K. lQ0.00 TOTAL PREPAIDS 00 TOTAL VOUCHERS TOTAL DUE VENDOR 190,00 E&V BLUEPRIhT: 00040;90-42210-- 4-1001 LINEAR SVCS CHGE5 616. 60 TOTAL PREPAIDS ,i10 TOTAL VOUCHERS E,E,.F,O TOTAL DUE VENDiOR 66.60 k::ALBAN INC 2505215-46420-1 }793-46420 7322' 0814-02 SIDEWLk/HANrICAF RAMPS 6,82,0 .90 TOTAL PREPAIDS ,00 TOTAL VOUCHERS 6,880.00 TOTAL DUE VENDOR 6,8' ,30, 90 CITY OF DIAMOND RAF: RUN DATE: 12/09/1998 17:29:45 VOUCHER REGISTER PAGE: 10 DUE THRU: 1/15/1998 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK KIMBALL OFFICE FURNITURE 0014090--46110-- 78'401/51252 9` INSTALL/OFFCE FURNTRE 225.00 - TOTAL PREPAIDS ,ora TOTAL VOUCHERS 115,00 TOTAL DUE VENDOR 225.00 GEORGE KUO 0015110-44100-- PLNG COMM -101/27, 11/10 120.00 TOTAL PREPAIDS ,00 TOTAL VOUCHERS 120,0= TOTAL DUE VENDOR 110.00 LA CELLULAR 0014440-42125-- CELL SVCS-EMEF; PREF' _ E,-. 7� TOTAL PREPAIDS ,00 TOTAL VOUCHERS 69.7b TOTAL DUE VENDOR 69,76 LEIGHTON - ASSOCIATES 001-2301'-- ,''"':/64,'0 PROF SVCS -EN 95-139 150.00 2^:12-- 6471 PROF SVCS -EN 96-140 790. Of) TOTAL PREPAIDS ,00 TOTAL VOUCHERS 940,00 TOTAL DUE VENDOR 940,00 LEMS E`: RAVING INL: 0014.90-4211:=-- 71iff :1344 ENVGRAV SVCS -DH HAND =:4.64 01;14094-42113-- ENVGRAV SVCS -BUS OF MNTH 51.96 TOTAL PREPAIDS ,0o TOTAL 'VOUCHERS 86.60 TOTAL DUE VENDOR LINSCOTT LAW & GREENSPAN 001`'5;-45 21-- i SET UP-TRFC COUNTS-DE/7GRIi 110.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS. 120,00 TOTAL DUE VENDOR 120.00 HEIDI Lib REFUND -ENV! -1951 76' .00. TOTAL PREPAIDS 00 TDTA- VOUCHERS 700.ric, TOTAL DUE VENDOR 700.00 LOS ANGELES COUNTY PUBLIC. WORE -::S '01`51x;-45531;-- 7:365 24:9 INDUST WSTE SVCS -OCT 1, 119,34 2505510-46411-0149;-46411 7489/1775 SLURRY SEAL-PTHFNDR RD 00153:1-45300-- ,•_-� 09 :.nJ0_io243u SUMP F'UMF' MAINT-OCT 4!:'x.34 TOTAL PREPAIDS ,nn TOTAL VOUCHERS: 10,484._,7 TOTAL DUE VENDOR 10,484.67 PAGE: 11 ,PREPAID AMOUNT DATE CHECK 602.33 304,264.74 .00 304,867.07 304,367.07 52.24 271.16 .00 323.40 323.40r 145.38 54.13 -54.1_ .00 145.83 145.35 50.00 .00 50.00 50.00 200.00 .00 200.00 200.00 105.60 00 105.60 105,60) 19.50 .00 19.50 19.50 120.00 .00 120.00 120.00 CITt '?F 'lTAMON" BAF, RUN DATE: 12/09/1998 17:29:45 VOUCHER REGISTER DUE THRU: 11/15/19913 FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION LOS ANGELES COUNTY SHERIFF'S DEPT 0014411-454171-- 11583 AUG -SVCS -CON IN PRKS 0014411-45401-- 11588 CONTRACT SVCS -10/98 TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR LINDA MAGNUSON 0014050-42330-- OJP CONF-1/7-LMAGNUSON 0014050-42330-- LEAGUE CONF-12/3-12/4-0 TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR MAINTEX 0015314-41200-- TIZ25 35702:; MAINT SUPPLS-HRTG PRI:: 0015314-41200-- 7525 18311 MISC SUPPLIES -PETERSON 0015314 -412Th)-- 7525 18311 CORRECTION TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR ROSE MANELA 001-23002-- 49162 REFND/DEPST-SYC CYN TOTAL PP,EFAIDS TOTAL VOUCHERS TOTAL DUE VENDOR DEBI MANIACI 001-2300'2-- 43938 SECRTY/DEPST-HR°TG PRI: TOTAL F'F:EF'AIDS TOTAL VOUCHERS TOTAL DUE VENDOR MARTEL ELECTRONICS 0015314-41200-- 8147 5448-0 MICRPHNE CABLES-HRTG CCTR TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR JO MCGEE 001-34730-- 48815 REFND-XMAS EXCURSION TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR JOE MCMANUS 0015210-44100-- PLNG COMM -10/27,11/10 TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR PAGE: 11 ,PREPAID AMOUNT DATE CHECK 602.33 304,264.74 .00 304,867.07 304,367.07 52.24 271.16 .00 323.40 323.40r 145.38 54.13 -54.1_ .00 145.83 145.35 50.00 .00 50.00 50.00 200.00 .00 200.00 200.00 105.60 00 105.60 105,60) 19.50 .00 19.50 19.50 120.00 .00 120.00 120.00 ! . 1 -!- RUN DATE: 12/09/1998 17:2945 RUN VOUCHER REEISTE; PAGE: 12 DUE TtiRU; 1j-/15/199$ PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIP113N AMOUNT DATE CHECK METROLINK. 112555:3-45535-- 8155 107492 NOV-TRNST SUBSDY FARES 24,931.92 1125553-4523-- 8155 107492 NOV-TRNSl SJBSDY PRGRM 6,254.83 TOTAL PREPAIDS .00 TOTAL VOUCHERS 31,186.75 TOTAL DUE VENDOF 31,186.75 MEYER, MOHADDES 2545510-46412-14094-46412 7890 3654 TRFFC SIGNL DESIGN SVCS 2,O95.00 0015553-45222.-- 7493 3654 TRFFC SIGNL DESIGN SVCS 70.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,165.00 TOTAL DUE VENDOR. 2 165.00 PAUL MILLER 001-34780-- 28560 RECREATION REFUND 43.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 4';.00 TOTAL DUE VENDOR 43.00 MOBILE MODULAR MANAGEMENT GROUP 0015350-42140-- 8117 64461 LEASE-SYC CYN -12/18-1/17 460.06 TOTAL PREPAIDS .00 TOTAL VOUCHERS 460.06 TOTAL DUE VENDOR 460.06 PRITI NAGAR 001-34740-- 28623 RECREATION REFUND 54.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 54.00 TOTAL DUE VENDOR 54.00 NATIONAL REVENUE CORP 0014090-44000-- N -24552 j; ANNUAL MAINT FEE 50,00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 STEVEN G. NELSON 0015210-44100-- PLNG COMM -10/27 60.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 60.00 TOTAL DUE VENDOR 60.00 NEXTEL 0014440-42130-- 1879 425562' TWO WAY RADIO SRVCS-SEPT 199.71 0014440-42130-- 7879 643337 TWO WAY RADIO SRVCS-OCT 399.42 TOTAL PREPAIDS .00 TOTAL VOUCHERS 599.13 TOTAL DUE VENDOR 599.13 ". C . !.Al iN.. .,H-, RUN DATE: 12/09/1998 17:29:45 tPOUCH_R RECISTER PAGE: 13 DUE T+U : 17L/11:1/1998 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE 11ES111P TION AMOUNT DATE CHECK OFFICE DEPOT 0014010-41200-- 7666 -OPEN 057'361' .•CC SUPPLIES 97.95 0015350-41200-- 7666 -OPEN 056966782-05 SUPPLIES 129.41 0015510-41200-- 7666 -OPEN 056967822 --PW SUPPLIES 408.98 0014030-41200-- 7666 -OPEN 056966276-CMGR SUPPLIES 14.32 0014090-41200-- 7666 -OPEN 0569658E -GG SUPPLIES 32.05 0015210-41200-- 7666 -OPEN 057�356326-PLNG SUPPLIES 319.91 0014091+-41200-- 7666 -OPEN 056223751••GG SUPPLIES 6.17 0015510-41200-- 7666 -OPEN 057856,326. -PW SUPPLIES 4.63 0014090-41200-- 7666 -OPEN 1?5?356:C? GG SUPPLIES 443.75 0014050-41200-- 7666 -OPEN 0563r.6276 -FIN SUPPLIES 41.66 TOTAL PREPAIDS .00 TOTAL VIIUCHERS 1,51"."3 TOTAL DUE VENDOR 1,518.8:' PAYROLL TRANSFER 001-10100-- PAYROLL TRANS-ER-PP24 58,400.00 12/15/1998 24 TOTAL PREPAIDS 58,400.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 58,400.00 PERS HEALTH 001-21103-- DEC -HEALTH INS PREM5 8,854.27 121/15/1998 35213 00140QAI-4009'-- UEC -ADMIN FEE 44.74 12/15/1998 35213 0014090-400711-- DEC -RETIRE COVERAGE 18.71 121/15/1993 :5213 TOTAL PREPAIDS 8,917.72 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 8,917.72 POMONA JUDICIAL DIST;ICT 1;1;1-3223i.�-- OCT98 PARKING ACTIVITY -10/98 995.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 995.00 TOTAL DUE VENDOR 995,00 POMONA UNIFIED SCHOOL DISTRICT 0015350-42140-- 7522. FACILITY RENT -7/98-121/98 919.50 TOTAL PREPAIDS .00 TOTAL VOUCHERS 959.50 TOTAL DUE VENDOR 959.50 POPiIiNA VALLEY HUMANE SOCIETY 0014431-4540-- 7566 7566 -OPEN ANIMAL CNTRL SVCS -12/98 4 95=`.17 TOTAL PREPAIDS .00 TOTAL VOUCHERS 4,959.17 TOTAL DUE VENDOR 4,959.17 POMONA VALLEY PIPE & SUPPLY CORP. 0015319-422'`10-- 18311 MAINT SUPPLIES -PETERSON 54.1:: TOTAL PREPAIDS .00 TOTAL VOUCHERS 54.1: TOTAL DUE VENDOR 54.13 RUN DATE: 12/09/1998 17:29:45 V M-IER RE5ISTE4 DUEL T'jRU: 12!15/l9?8 FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE UESCRIPII3N AMOUNT PAGE: 14 JULIE PRICE 6310 -CO PROF 001-34780-- 2899 RECREATION REFUND 39.00 5531 -CO TOTAL PREPAIDS .00 168.75 TOTAL VOUCHERS 39.00 PROF TOTAL DUE VENDOR 39.00 RALPHS GROCERY COMPANY "34 -CO PROF 0014090-42325-- 7687 -OPEN CTY CNCL SUPPLIES -12/1/98 44.60 5595-00 TOTAL PREPAIDS .OU 253.50 TOTAL VOUCHERS 44.60 PROF TOTAL DUE VENDOR 44.60 REMEDY 5404 -CO PROF 0015210-44000-- 7869 065018 TEMP SVCS-PLNG-WE 11/01 418.11 0015210-44000-- 7869 061189 TEMP SVCS-PLNG-WE 10/25 487.80 .00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 905.91 TOTAL DUE VENDOR 405.91 REPRO -GRAPHICS PRESS 0014090-42110-- 7499 9434 BUSINESS CARDS 59.59 TOTAL PREPAIDS .00 TOTAL VOUCHERS 59.59 TOTAL DUE VENDOR 59.59 RICHARDS WATSON & GERSHON 001402z_'j-44021-- 7842 -OPEN SP LEGAL-COURCHESNE41372 10,844.65 TOTAL PREPAIDS .00 TOTAL VOUCHERS 10,844.65 TOTAL DUE VENDOR 10,844.65 RICHARDS, WATSON & GERSHON 001-23010-- 7839/OPEN LEGAL SVCS -EN 98-207 26.00 001-2:?010-- 7'._39/OPEN LEGAL SVCS -FPL 96-049 156.00 0014020-440210-- 7839/OPEN SEPT LEGAL SVCS 5,095.'.? 001-2:3010-- 7839/OPEN LEGAL SVCS -FPL 92-030 26.00 0014-020-44021-- 7842/OPEN SEPT -SPEC LEGAL SVCS -IPS 1,874.75 001-2::3010-- 7S39/OPEN LEGAL SVCS -FPL 92-001 46=.00 001-23010-- 7839/OPEN LEGAL SVCS -FPL 98-002 247.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 7,893.08 TOTAL DUE VENDOR 7,893.08 RKA CIVIL ENGINEERS INC 0015510-45227-- 6310 -CO PROF SVCS -SWR INSP-#7228 900.00 0015510:-45227-- 5531 -CO PROF SVCS -SWR INSP-#7228 168.75 0015510-45227-- 5629 -CO PROF SVCS -SWR INSP-#7228 56.25 0015510-45227-- "34 -CO PROF SVCS -DRIVEWAY -#7228 168.75 0015510-45227-- 5595-00 PROF SVCS-STORMDRN-#7228 253.50 0015510-4522.='-- 553". -CO PROF SVCS -RET WALL -#7228 265.88 0015510-45227-- 5404 -CO PROF SVCS -GRADING -#7228 428.44 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,241.57 TOTAL DUE VENDOR 2,241.57 PREPAID DATE CHECK .. r i- I..A"jtiJ jH RUN DATE: 12/09/1998 17:29:45 V()U[CIER RE'"I51E=' PAGE: 15 DUE: THRU : 12/15/1998 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE 1ESCRIGTION AMOUNT DATE CHECK ROBERT F. DRIVER ASSOCIATES 5104081-47200-- 1/99-12/99 FIDELITt BOND PREM -1999 1,276.00 TOTAL PREPAIDS ,00 TOTAL VOUCHERS 1,276.00 TOTAL DUE VENDOR 1,276,00 JOSEPH RUZICKA 0015210-44100-- PLNG COMM -10.127, 11/10 120.00 TOTAL PREPAIDES ,(.N) TOTAL VOUCHERS 120.00 TOTAL DUE VENDOR 120.00 SAN GABRIEL VALLEY TRIBUNE 0014090-42115-- 7696 18860248' AD-DVLPMNT SVCS ASSISTANT 220.26 001-23010-- 8080-07595 LEGAL AD -FPL 98-53 92.52 001-2:010-- 8080-21606 LEGAL AD -FPL 98-58 83.76 001-23010-- 8080-07595 LEGAL AD -FPL 98-55 92.52 001-0.3010-- 8080-21606 LEGAL AD -FPL 92-30 83.76 001-23010-- 8020-21606 LEGAL AD -FPL 98-57 83.76 001-23010-- 8127-19618 LEGAL AD -FPL 98-54 94,68 001-23010-- '8127-19618 LEGAL AD -FPL 98-56 94.68 TOTAL PREPAIDS .00 TOTAL VOUCHERS 845.94 TOTAL DUE VENDOR 345.94 SCAN NATOA 0x01403,0-42315-- GEN MTG-1'/3 60.00 12/25/1998 35203 TOTAL PREPAIDS 60.,00 TOTAL VOUCHERS ,00 TOTAL DUE VENDOR 60.0:1 SCMAF 01"!153W -42:;15--c_ MEMBER DUE. FY 9/99 2-x.00 TOTAL PREPAIDS ,0p TOTAL VOUCHERS 25,00 TOTAL DUE VENDOR 25.00 SHANGHAI PALACE 00114090-42325-- HOLIDAY CELEB CERTIFICATE 25.00 12/15/1998 35220 TOTAL PREPAIDS ::5,00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 25,00 SOUTHERN CALIFORNIA EDISON 0015510-4126-- ELECT SVCS-TRFC CONTROL 3,567.46 TOTAL PREPAIDS .00 TOTAL VOUCHERS :3,567.46 TOTAL DUE VENDOR 3,567.46 SOUTHERN CALIFORNIA GAS COMPANY 0015314-4216-- GAS SVCS-HRTG COM CTR 97.50 TOTAL PREPAIDS .00 TOTAL VOUCHERS 97.50 TOTAL DUE VENDOR 97,50 RUN DATE: 12/09/1998 17:29:45 FUND/SECT-ACCT-PROJECT-ACCT SUBWAY 0014090 -42325 -- THE WHOLE ENCHILADA 0015210 -42325 -- 0014090 -42325 -- 0015551 -42325 -- TOTAL PLAN 0014090 -46210* - TROPHY WORLD CCC •J1 1 J C -4c•1•�•�_�J CC 11•J•J-- TWEED FINANCIAL SERVICE 001 -23002 -- STEVEN TYE !015210-44100-- UNITED PARCEL SERVICE 001- 'Oin-- UNITED STATES POSTAL SERVICE 0014090-42120-- CITY OF DIAMOND BAR VOUCHER REGISTER PAGE: 16 DUE THRU: 12115/1998 PREPAID PO # INVOICE DESCRIPTION AMOUNT DATE CHECK 7661 -OPEN SUPPLS-MTG 11/17/98 11.97 TOTAL PREPAIDS ,00 TOTAL VOUCHERS 11.97 TOTAL DUE VENDOR 11.97 8131 10905.30 STAFF LUNCHEON -11/13/98 58.50 HOLIDAY CELEB CERTIFCTE 25.00 12/15/1998 35218 81311 1090530 STAFF LUNCHEON -11%13190 58,50 TOTAL PREPAIDS 25,00 TOTAL VOUCHERS 117.00 TOTAL DUE VENDOR' 241.00 058 059157 TASK LIGHTS -BOOKSHELVES 269.76 TOTAL PREPAIIIS .OG TOTAL VOUCHERS 269.76 TOTAL DUE VENDOR 269.76 =135 1"753 TROPHY-OILRECYCLSCHLAWAP.D 92.82 TOTAL PREPAIDS .00 TOTAL VOUCHERS 9'2.82 TOTAL DUE VENDOR 40,941 REFND/DEPST-HRTG PRK CTR 200.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 200.00 TOTAL DUE VENDOR 200,00 PLNG COMM -11/10 61;.00 TOTAL PREPAIDS ,OG TOTAL VOUCHERS 60,00 TOTAL DUE VENDOR 60,00 80027-448 EXPRESS MAIL -FPL 98-057 29.04 TOTAL PREPAIDS .00 TOTAL VOUCHERS 29.00 TOTAL DUE VENDOR 29.00 REPLENISH POSTAGE METER 1,500.O0 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,500,00 TOTAL DUE VENDOR 1,500.00 WEST C=BAST ASSOCIATES 0014?9.`5-4'2115-- _:.4 6'—,6, BU STC!=' SHELTER POSTERS ='tS. ,E TOTAL PREPAIDS .00 TOTAL VOUCHER'S 415.801 TOTAL DUE VEND -10P ;' WEST COAST AR :ORIE;TS INC 7547 14593 NOV-TREE MAINT S': CE TOTAL PREPAIDS 00 TOTAL VOUCHERS 9,46:4.00 TOTAL -uUE VENDOR. 9,464.01:: NANCY WHITEHOUSE 0014090-41200-- CITY HOLIDAY DECORATIONS 96.44 12/15/'1998 35215 00140='C? -4_j33 -- CITY HOLIDAY CELEB-SUPPLS 180.0° 12,15/1998 35215 TOTAL PREPAIDS 277.02 TOTAL VOUCHERS 00 TOTAL DUE VENDOR 277.02 CITY OF DIAMOND BAR RUN DATE: 12/09/1998 17:29:45 VOUCHER REGISTER PAGE: 17 DUE THRU: PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTIONA!"OUNT DATE CHECK: VISION SERVICE PLAN 0011-21110-1-- DEC -VISION FREMS 4:3.01 12/15/19'98 35214 TOTAL PREPAIDS 933.01 TOTAL VOUCHERS 00 TOTAL DUE VENDC!P 211, .01 WALNUT VALLEY WATER DISTRICT WATER SVC:---IilcT #39 6_ '0, 5, 18?538-421 --;TER U'1AGE-DI_- #.?:-; 4,42`x.1,7 0014440-42126-- 3,744 ELECT POWER-EASTOTE SITE 72,:6 0014440-42126-- 0697 ELECT POWER-EASTGTE SITE .6:< C�j f _ +:!01.•..1' 421'26-- WATER 5'dC- PETEF;S0`! - , 154 ' 001,.x'-421 .-- WA?ER S`,'CS-3UMMITFIrGE 4.10. is 00153;1-42126-- WATER SVCS -SYCAMORE CYN 661.-'' 0015211-42'112t.-- WATER SVCS -PAUL C GROW 1,777,41 0t15s1c-42126-- WATER SVCS -MAPLE HILL 1, 2 27,76 TOTAL PREPAIDS .00 TOTAL VOUCHERS 21,262.5 TOTAL DUE VENDOR 21,262.59 WARREN SIECKE INSP SVCS-TRFC IMF'RVMNTS 12 770.00 12/15/19'98 3520;: TOTAL PREPAIDS 12,770.00 TOTAL VOUCHERS 00 TOTAL DUE VENDOR WELLS FARED BAN/: GEN ,iTGo-CMG'.;/S7riFF :',._..2 I2/1./1498 .5:09 OLD 14010-4 2 LEAGUE C9NF-ANSARI-10119 36.00 12/15/1998 55210 CDN --2i, r 8:C9JO j'GICMA '352010I��-CMGR; :. FUEL-CMGR 2"'.09 12/15/1998 3,5209 TOTAL PREFAIDS 1,136.,70 TOTAL ;JOUCHER'S .00 TOTAL DUE 'VENDOR 1, I31:.7t, WEST C=BAST ASSOCIATES 0014?9.`5-4'2115-- _:.4 6'—,6, BU STC!=' SHELTER POSTERS ='tS. ,E TOTAL PREPAIDS .00 TOTAL VOUCHER'S 415.801 TOTAL DUE VEND -10P ;' WEST COAST AR :ORIE;TS INC 7547 14593 NOV-TREE MAINT S': CE TOTAL PREPAIDS 00 TOTAL VOUCHERS 9,46:4.00 TOTAL -uUE VENDOR. 9,464.01:: NANCY WHITEHOUSE 0014090-41200-- CITY HOLIDAY DECORATIONS 96.44 12/15/'1998 35215 00140='C? -4_j33 -- CITY HOLIDAY CELEB-SUPPLS 180.0° 12,15/1998 35215 TOTAL PREPAIDS 277.02 TOTAL VOUCHERS 00 TOTAL DUE VENDOR 277.02 REPORT TOTAL F'REFAIDS, 131,775,74 REPORT TOTAL VOLICHER� 574,280.12 RE°ORT TOTAL 101,055.81 RUN DATE: 12/09/1993 17:29:45 1!iIUC! '.R RE! [ : -Ell PAGE: 13 iiUE ThRU: 1 1'_ / 19?8 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PD # INVOICE DES.RIrII3N AMOUNT DATE CHECK PAUL WRIGHT C01409!_i-44000-- 7584 �JDI01 1:Jk- 'ERVICES 402.5i� TOTAL PREPA ' -S .00 TOTAL VOUCHERS 402,54, TOTAL DUE VFNDOc' 402,50 XEROX CORPORATION 0014090-4120+;-- 148.30 12'15/1993 35207 0014090-46200-- REPLACES CHECK -#38505 44,382.50 12/15/1998 35207 0014090-42200-- 7474 0651431-k CREDIT ME'1D-5TC10 )73 -327.2'5 0014090-42200— 7474 06553519 UCT MAINT-XEROX STE 190 -'-'7 -'5 0014090-42100-- 7474 )65535y1 : SEPT IOCT-COF'Y CHRGES 1 342.04 9i!14r7i;-4220;0;-- 7474 063360274 �12'�,3i YERG?: MAINT 21.82 inJ14090-4220!7-- 7474 016553,'1: SEFT!OCT-XEROX MAINT-100 154.50 (014090-4.22it(-- 7474 06514813` CREDIT MEMD-5TC105133 TOTAL PREPAIT; 44,530.S0 TOTAL VOUCHERS :',191.11 TOTA_ DUE VENDOF 46,7221.91 REPORT TOTAL F'REFAIDS, 131,775,74 REPORT TOTAL VOLICHER� 574,280.12 RE°ORT TOTAL 101,055.81 CITY OF DIAMOND BAR AGENDA REPORT TO: Honorable Mayor and City Council MEETING DATE: December 15, 1998 FROM: Terrence L. Belanger, City Manager AGENDA NO. REPORT DATE: December 10, 1998 TITLE: Transmittal of Comprehensive Annual Financial Report and Final Audit Reports for the year ended June 30, 1998. SUMMARY: The City's Finance Department in concert with the City's independent auditing firm of Conrad and Associates, L.L.P. has prepared the Fiscal Year 1997-98 Comprehensive Annual Financial Report. Once again this fiscal year, the City will be submitting its Comprehensive Annual Financial Report to the California Society of Municipal Finance Officers and to the Government Finance Officers Association certificate of excellence award programs. (The city has received both awards for the past three consecutive fiscal years). The accounting firm of Conrad and Associates, L.L.P. has been retained as auditors for the City of Diamond Bar. In conjunction with this services, final audit reports for FY97-98 have been prepared and are also being transmitted. Since the City received funds from the Federal Government, the audit reports include special reports as required by the Single Audit Act. As indicated in the financial reports, the City finished the fiscal year in an extremely positive financial position. The General Fund equity increased from $11,577, 411 to $13,242,726 during the year, and increase of $1,665,315. The overall increase in fund equity for all governmental fund types was $3,209,825. RECOMMENDATION: Receive and file the Comprehensive Annual Financial Report and Final Audit Reports for FY97-98 as prepared by the City Finance Department and Conrad an Associates, L.L.P. LIST OF ATTACHMENTS: _ Staff Report — Public Hearing Notification _ Resolution(s) _ Bid Spec (on file in City Clerk's Office) Ordinances(s) XXX Other FY 97-98 CAF& FY97-98 Audit Reports _ Agreement(s) SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed _ Yes_ No 2. Does the report require a majority or 4/5 vote? _ Yes_ No 3. Has environmental impact been assessed? _ Yes_ No 4. Has the report been reviewed by a Commission? _ Yes_ No 5. Are other departments affected by the report? _ Yes_ No Report discussed with the following affected departments: REVIEWED BY: 13 "e� Terrence L. Belar City Manager Linda G. agn s Asst. Finance Director I CONRAD SOCIATES, A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS CERTIFIED PUBLIC ACCOUNTANTS 1100 MAIN STREET, SUITE C L.L.P IRVINE, CALIFORNIA 92614 (949) 474-2020 Fax (949) 263-5520 Honorable Members of City Council City of Diamond Bar, California Independent Accountants' Report on Agreed -Upon Procedures Applied to Appropriations Limit Worksheets We have applied the procedures enumerated below to the appropriations limit worksheets prepared by the City of Diamond Bar, California for the year ended June 30, 1999. These procedures, which were agreed to by the City of Diamond Bar, California and the League of California Cities (as presented in the League publication entitled Article UIIB Appropriations Limitation Uniform Guidelines) were performed solely to assist the City of Diamond Bar, California in meeting the requirements of Section 1.5 of Article XIIIB of the California Constitution. This engagement to apply agreed-upon procedures was performed in accordance with standards established by the American Institute of Certified Public Accountants. The sufficiency of the procedures is solely the responsibility of the specified users of the report. Consequently, we make no representation regarding the sufficiency of the procedures described below either for the purpose for which this report has been requested or for any other purpose. The procedures performed and the results of those procedures were as follows: We obtained the worksheets referred to above and compared the limit and annual adjustment factors included in those worksheets to the limit and annual adjustment factors that were adopted by resolution of the City Council. We also compared the population and inflation options included in the aforementioned worksheets to those that were selected by a recorded vote of the City Council. Results: No exceptions were noted as a result of our procedures. 2. We recalculated the mathematical computations reflected in the City worksheets. Results: No exceptions were noted as a result of our procedures. 3. We compared the current year information used to determine the current year limit and found that it agreed to worksheets prepared by the City and to information provided by the State Department of Finance. Results: No exceptions were noted as a result of our procedures. 4 We compared the amount of the prior year appropriations limit presented in the worksheets to the amount adopted by the City Council for the prior year. Results: No exceptions were noted as a result of our procedures. MEMBERS OF AICPA AND CALIFORNIA SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS MEMBER OF AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS PRIVATE COMPANIES PRACTICE SECTION Honorable Members of City Council City of Diamond Bar, California Page Two We were not engaged to, and did not, perform an audit, the objective of which would be the expression of an opinion on the worksheets referred to above. Accordingly, we do not express such an opinion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you. No procedures have been performed with respect to the determination of the appropriation limit for the base year, as defined by the League publication entitled Article NIB Appropriations Limitation Uniform Guidelines. This report is intended solely for the use of the City of Diamond Bar, California and should not be used by those who have not agreed to the procedures and taken responsibility for the sufficiency of the procedures for their purposes. However, this report is a matter of public record and its distribution is not limited. October 23, 1998 November�l5 dt99>� 3'0' 10 TO: City of Diamond Bar ATTENTION: Tommye Nice, Deputy City Clerk RE: Claim Edwards v. City of Diamond Bar Claimant David Edwards D/Event 02 -Sep -98 Recd Y/Office 20 -Nov -98 Our File S-100409-SWQ We have reviewed the above captioned claim and request that you take the action indicated below: • CLAIM REJECTION: Send a standard rejection letter to the claimant. Please provide us with a copy of the notice sent, as requested above. If you have any questions please contact the undersigned. Very truly yours, CARL WARREN & COMPANY i C Dwight J. Kunz cc: CJPIA w/enc. Attn.: Executive Director CARL WARREN & co. CLAIMS MAMAGEMENT•CLMNS AD]USTERS 7501 The City Drive - Ste 400. Orange, CA 92868 Mail: P.O. Box 25180 - Santa Ana, Ca 92799-5180 Phone: (714) 740-7989 - (800) 572-6800 - Fax: (714) 740-9412 TO PERSON OR PROPERTY INSTRUCTIONS 1. Claims for death, injury to person or to personal property mast be filed not later than, r+os. after the occurrence. (Gov. Code Sec. 911.2) 2. Claims for damages to real property must be filed not later than I year after the occurrence. (Gov. Code Sec. 911.2) 3. Read entire claim before filing. 4. See page 2 for diagram upon which to locate place of accident. 5. This claim form must be signed on page 2 at bottom. 6. Attach separate sheets, if necessary, to give full details. SIGN EACH SHEET. 7. Claim must be filed with City Clerk. (Gov. Code Sec. 915a) To: The City of Diamond Bar. Name of Claimant David Edwards Home Address of Claimant City and State 1721 Aviation Blvd. #32, Redondo Beach, CA 90278 Business Address of Claimant City and State c L'14 No. -- - - Age of Claimant (if natural person) 58 Home Telephone Number (310) 1 937-5680 Business Telephone Number Give address to which you desire notices or communications to be sent regarding this claim.: Law Offices of Alan R. Freedman 501 Santa Monica Blvd., # 307, Santa Monica, California. 90401 (310) 394-2344 How did DAMAGE or INJURY occur? Give full particulars. Accident occurred when power was out and the signals controlling the intersection were not working. W -hen did DAMAGE or INJURY occur? Give full particulars, date, time of day: 09-02-98 @ 10:45 p.m. Where did DAMAGE or INJURY occur' Describe fully, and locate on diagram on reverse side of this sheet, where appropriate, give street names and addresses and measurements from landmarks: ' Intersection of Valley Boulevard and Lemon Avenue in the City of Diamond Bar. What particular ACT or OMISSION do you claim caused the injury or damage? Give names of City employees causing the injury or damage, if known: Power outage. What DAM—kGE cr INJURIES do you claim resulted? Give full extent of injuries or damages claimed: Damage to claimant's vehicle and bodily injuries to claimant's person. What AMOUNT do you claim on account of each item of injury or damage as of date of presentation of this claim, giving basis of computation: Undetermined. Give ESTIMATED AMOUNT as far as known you claim on account of each item of prospective injury or damage, giving basis of computation: Undetermined SEE PAGE 2 (OVER) THIS CLAIM MUST BE SIGNED ON REVERSE SIDE Insurance payments received, if any -nd names of Insurance Company: None Expenditures made on account of accident or injury: (Date—Item) (Amoua: Ongoing medical expenses. Name and address of Witnesses, Doctors and Hospitals: Other party involved in accident: David Young READ CAREFULLY For all accident claims place on following diagram names of streets, including North, East, South, and West; indicate place c accident by "X" and by showing house numbers or distances to street corners, If City Vehicle was involved, designate by letter "A" location of City vehicle when you first saw it, and by "B" location of yourse or your vehicle when you first saw City vehicle; location of City vehicle at time of accident by "A -I" and location of yourself or yogi vehicle at the time of the accident by "B-1" and the point of impact by "X." NQL'E: rf ej;avr?ms 1�•1�•-• do nit ft :.he s:t__ticn, attaeh.'tereto a p:op:: dlagrats sljued by claimant FOR AUTOMOBILE ACCIDENTS FOR OTHER ACCIDENTS CURS Signature,df Claimant or person filing on his behalf giving relationship to,Cllaimant^ `. ^5 `Ii= BE r=r.D WIC? Cl_y ^F.RK (CIOV• SIDEWALK CURa— Typed Name: I Date MDE SEC. 915a), reedman 111/18 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO � TO: Honorable Mayor and Member of the City Council Manager MEETING DATE: December 15,1998 REPORT DATE: December 8, 1998 FROM: Terrence L. Belanger, City Manager TITLE: A Resolution of the City Council of the City of Diamond Bar approving plans and specifications for park improvements and ADA upgrades for Ronald Reagan Park and Heritage Park, in said City and a *oizing and directing the City Clerk to advertise to receive bids. SUMMARY: For fiscal year 98-99, Heritage and Ronald Reagan Parks have been scheduled for ADA retrofit/upgrades. The retrofit/upgrades, consist of walkway improvements, playground equipfmm*, ADA accessible amenities, parking lots slurry seaUstriping, ar hilieclural ADA upgrades for restrooms and the Community Confer building at Heritage Park. Plans and specification for the project have been prepared. RECOMMENDATION: It is recommended that the City Council adopt the attached Resolution No. 98 -XX. ' A Resolution of the City Council of the City of Diamond Bar approving plans and specifications for park improvements and ADA upgrades for Ronald Reagan Park and Heritage Park in said City and authorizing and directing the City Clerk lo advertise to receive bids. LIST OF ATTACHMENTS: __X— Staff Report X Resolution _ Ordinances(s) _ Agreement(s) EXTERNAL DISTRIBUTION SUBMITTAL CHECKLIST: _ Public Hearing Notification Bid Specifications(on file in City Clerk's Office) Other 1. Has the resolution, ordinance or agreement been reviewed XYes _No by the City Attorney? 2. Does the report require a majority or 415 vote? Majority 3. Has environmental impact been assessed? WA Yes _No 4. Has the report been reviewed by a Commission? WA Yes _No Which Commission? 5. Are other departments affected by the report? Yes _X—No Report discussed with the Mowing affected departrnents: REVIEWED BY: 1 J DeStefano David G. Liu Terrence L. Belanger City Manager 61 Deputy City Manager Deputy Director of Public Works MEETING DATE: TO: FROM: SUBJECT: ISSUE STATEMENT: CITY COUNCL REPORT December 15,1998 Honorable Mayor and Members of the City Council Terrence L. Belanger, City Manager Americans with Disabitlies Art (ADA) Re of Heritage & Ronald Reagan Parks AGENDA NO._ To improvelretrofit Heritage & Ronald Reagan Parks in accordance with the Americans with Disabilities Act RECOMMENDA110N: It is mmmrended that the City Council adopt the attached Resolution No. 98-)M " A Resolution of the City Council of the City of Diamond Bar approving plans and specifications for park improvements and ADA upgrades for Ronald Reagan Pais and Heritage Park in said City and authorizing and directing the City Clerk to advertise to receive bids". FINANCIAL SUMMARY: The ADA Retrofit of Heritage & Ronald Reagan Parks Project is estimated to cost $303,000. The funding sources, as budgetadare as fellows: CDBG $195,000.00 Quimby Park Dev, Fund $ 64,000.00 S 52.700.00 Total $311,700.00 BACKGROU NDIDISCUSSION: The Americans with Disabilities Act of 1990 (ADA) repaires that all public facilities, including parks be accessible to the physically challenged. Heritage and Ronald Reagan Parks have been scheduled for fiscal year 98-99 for retrofitting. Heritage & Ronald Reagan Parks December 15,1998 Page Two David Evans and Associates, as the project designer, prepared a park accessibility inventory and recommendation report which contains checklist for evaluation of buildings and outdoor settings and are a Vkable to all pubic faalifies. Plans and specifications have been prepared accordingly. For both parks, the retro#t/ADA upgrades, consist of walkway improvements, playground equipments, ADA accessible amenities, parking lots slurry seall striping, arcuhectural ADA upgrades for restrooms and the Community Center building at Heritage Park. Key aspects of requirements placed upon the contractor includes: • Plan and schedule to be submitted at least seven (7) calendar days before start of work. • Notification to affected agencies. • Completion of all work within M* (90) calendar days. • Liquidated damages of $500dday for ren -performance. • Compliance with CDBG requirements. • Later Compliance with Davis -Bacon requirements. 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 Mandatory Pre-bid Meeting &d Opening Award of Contract Notice to Proceed Start of Construction Completion of Construction Prepared By: David G. Liu Owp6NindMmy�=-9em".401 December 15,1998 January 12,1999 January 19,1999 February 2,1999 February 22, 1999 February 22, 1999 May 22,1999 RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR PARK IMPROVEMENTS AND ADA UPGRADES FOR RONALD REAGAN PARK AND HERITAGE PARK, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. 77tis 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 wiAprevail. "M is a Section 3 contract and bidders must address the Section 3 employment and contracting goals to be considered a Section 3 responsive bidder. The contract will be awarded to a Section 3 responsive bidder provided that the bid amount is reasonable, 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 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 plans and specifications for construction of and ADA upgrades for Ronald Reagan Park and Heritage 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 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 2 o'clock p.m. on the 19th day of January 1999, sealed bids or proposals for park improvements and ADA upgrades for Ronald Reagan Park and Heritage 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, "Bid for Ronald Reagan and Heritage Park Improvements." 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 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 fifteen percent (15%) in the ninety (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 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 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 ten 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 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 (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 general 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 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. The successful bidder will be required to enter into a contract satisfactory to the City of Diamond Bar. 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 , 1998. PASSED, ADOPTED and APPROVED by the City Council of the City of Diamond Bar, California, this day of 11998. 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 Council of the City of Diamond Bar, California, at its regular meeting held on the day of , 1998, 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 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. (,,2 TO: Terrence L. Belanger, City Manager MEETING DATE: December 15, 1998 REPORT DATE: November30,1998 FROM: Joann M. Gitmed, Senior Accountant TITLE: Resolution 89-107A, A Resolution of the City Council of the City of Diamond Bar Amending Resolution 89-107, Establishing a Deferred Compensation Plan for the Employees of the City of Diamond Bar. SUMMARY: In November 1989, the City Council adopted Resolution 89-107, establishing a deferred compensation plan for the employees of the City. Under the initial plan, all 457 plan assets were considered the property of the employer and were, technically, available to the entity's creditors in the case of bankruptcy or default. Section 457 was amended in the Small Business Job Protection Act of 1996 (SBJPA) to require that these assets be held in a trust, custodial account or annuity contract insulated from the entity's creditors. ICMA notified the City of the required changes in the plan document in November 1996 and sent a tentative revised "Plan and Trust Document" (pending Private Letter Ruling by the IRS). Due to the provisions in the City of Diamond Bar's initial 457 plan document, the revised plan document was deemed adopted by the City 30 days after notification unless the City notified ICMA of its desire to find an alternate solution, Since the City saw no reason to seek out any alternative methods for establishing the needed trust, the City chose to let the new trust agreement go into affect by default. For procedural reasons, the new "Plan and Trust Document" is being brought to the City Council for adoption. RECOMMENDATION: Adopt Resolution 89-107A, A Resolution of the City Council of the City of Diamond Bar Amending Resolution 89-107 Establishing a Deferred Compensation Plan for the Employees of the City of Diamond Bar. LIST OF ATTACHMENTS: _ Staff Report _ Public Hearing Notification XX Resolution(s) _ Bid Specification (on file in City Clerk's office) —Ordinance(s) XX Other: "Appendix" - Plan and Trust Document Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed _ Yes XX No by the City Attorney? 2. Does the report require a majority vote? XX 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? N/A _ Yes _ No Report discussed with the following affected departments: N/A REVIEWE BY' Terrence L. Belan r City Manager DEPARTMENT HEAD: T Linda G. Magnu of Assistant Finance Director RESOLUTION 89-107A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING RESOLUTION 89-107 ESTABLISHING A DEFERRED COMPENSATION PLAN FOR THE EMPLOYEES OF THE CITY OF DIAMOND BAR WHEREAS, the City of Diamond Bar has employees rendering valuable services; and WHEREAS, the City of Diamond Bar has established a deferred compensation plan for such employees that serves the interest of the City of Diamond Bar by enabling it to provide reasonable retirement security for its employees, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and WHEREAS, the City of Diamond Bar has determined that the continuance of the deferred compensation plan will serve these objectives; and WHEREAS, amendments to the Internal Revenue Service Code have been enacted that require changes to the structure and allow enhancements of the benefits of the deferred compensation plan; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City of Diamond Bar hereby amends and restates the deferred compensation plan ("The Plan") in the form of "The ICMA Retirement Corporation Deferred Compensation Plan and Trust" (Appendix A). SECTION 2. The assets of the Plan shall be held in trust, with the City of Diamond Bar serving as trustee, for the exclusive benefit of the Plan participants and their beneficiaries, and the assets shall not be diverted to any other purpose. The Trustee's beneficial ownership of Plan assets held in the ICMA Retirement Trust shall be held for the further exclusive benefit of the Plan participants and their beneficiaries; SECTION 3. The Plan will not permit loans. SECTION 4. The City of Diamond Bar hereby agrees to serve as trustee under the Plan. PASSED, APPROVED AND ADOPTED this day of , 1998. Mayor I, LYNDA BURGESS, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Resolution was passed, and approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the day of 1998, by the following vote: AYES: COUNCIL MEMBERS: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: City Clerk of the City of Diamond Bar < I Iu, P C t� ,- a t r: a l C ,_ i l a I ti ✓ o c u m c n i D e f e r r e d C o m p e n s a t i o n P l a n D o c u m e n t a a d T r u s t, A p r i 1 1 9 9 8 APPENDIX A DEFERRED COMPENSATION PLAN & TRUST Article 1. Purpose The Employer hereby establishes the Employer's deferred Compensation Plan and Trust, hereafter referred to as the "Plan." The Plan consists of the provisions set forth in this document. The primary purpose of this Plan is to provide retirement income and other deferred benefits to the Employees of the Employer and the Employees' Beneficiaries in accordance with the provisions of Section 457 of the Internal Revenue Code of 1986, as amended (the "Code"). This Plan shall be an agreement solely between the Em- ployer and participating Employees. The Plan and Trust forming a part hereof are established and shall be maintained for the exclusive benefit of eligible Employees and their Beneficiaries. No part of the corpus or income of the Trust shall revert to the Employer or be used for or diverted to purposed other than the exclusive benefit of Participants and their Beneficiaries. Article 11. Definitions 2.01 Account: 'i he bookkeeping account maintained for each Participant reflecting the cumulative amount of the Participants Deferred Compensation, including any income, gains, to<�se>, or increases or decreases in market value attributable to rte. Employer's investment of the Participants Deferred Compensation. and further reflecting any distribu- tions to the Participant or the Participant's Beneficiary and any fees or expenses charged against such Participant's Deferred Compensation. 2.02 Accounting Date: Each business day that the New York Stock Exchange is open for trading, is provided in Section 6.005 for valuing the Trust's assets. 2.03 Administrator: The person or persons named to carry out certain nondiscretionary administrative functions under the Plan, as hereinafter described. The Employer may remove any person as Administrator upon 60 days' advance notice in writing to such person, in which case the Em- ployer shall name another person or persons to act as Administrator. The Administrator may resign upon 60 days' advance notice in writing to the Employer, in which case the Employer shall name another person or persons to act as Administrator. 2.04 Beneficiary: The person or persons designated by the Participant in his Joinder Agreement who shall receive any benefits payable hereunder in the event of the Participant's death. In the event that the Participant names two or more Beneficiaries, each Beneficiary shall be entitled to equal shares of the benefits payable at the Participant's death, unless otherwise provided in the Participant's Joinder Agreement. If no beneficiary is designated in the Joinder Agreements if the Designated Beneficiary predeceases the Participant, or if the designated Beneficiary does not survive the Participant for a period of fifteen (15) days, then the estate of the Participant shall be the Beneficiary-. 2.05 Deferred Compensation. The amount of Normal Compensation otherwise payable to the Participant which the Participant and the Employer mutually agree to defer hereunder, any amount credited to a Participant's Account by reason of a transfer under section 6.09, or any other amount which the Employer agrees to credit to a Participant's Account. 2.06 Employee: Any individual who provides services for the Employer, whether as an employee of the Employer or as an independent contractor, and who has been designated by the Employer as eligible to participate in the Plan. 2.07 Includible Compensation: The amount of an Employee's compensation from the Employer for a taxable year that is attributable to services performed for the Employer and that is includible in the Employee's gross income for the taxable year for federal income tax purposes; such term does not include any amount excludable from gross income under this Plan or any other plan described in Section 457(b) of the Code or any other amount excludable from gross income for federal income tax purposes. Includ- ible Compensation shall be determined without regard to any community property laws_ 2.08 Joinder Agreement: An agreement entered into between an Employee and the Employer, including any amendments or modifications thereof. Such agreement shall fix the amount of Deferred Compensation, specify a prefer- ence among the investment alternatives designated by the Employer, designate the Employee's Beneficiary or Benefi- ciaries, and incorporate the terms, conditions, and provisions of the Plan by reference. ICMA RETIREMENT CORPORATION 2.09 Normal Compensation: The amount of Com- pensation which would be payable to a Participant by the Employer for a taxable year if no Joinder Agreement were in effect to defer compensation under this Plan. 2.10 Normal Retirement Age: Age 70-1/2, unless the Participant has elected an alternate Normal Retirement Age by written instrument delivered to the Administrator prior to Separation from Service. A Participant's Normal Retire- ment Age determines the period during which a Participant may utilize the catch-up limitation of Section 3.02 hereun- der. Once a Participant has to any extent utilized the catch- up limitation of Section 3.02, his Nonnal Retirement Age may not be changed. A Participant's alternate Normal Retirement Age may not be earlier than the earliest date that the Participant will become eligible to retire and receive unreduced retirement benefits under the Employer's basic retirement plan covering the Participant and may not be later than the date the Participant will attain age 70-1 /2. If a Participant continues employment atter attaining age 70 - 1 /2, not having previ- ously elected alternate Nomial Retirement Age, the Participant's alternate Normal Retirement Age shall not be later than the mandator- retirenient age, ifany, established by the Employer, or the age at which the Participant actually separates from service if the Employer has no mandatory retirement age. If the Participant will not become eligible to receive benefits under a basic retirement plan maintained by the Employer, the Participants alternate Normal Retirement Age may not be earlier than age 55 and may not be later than age 70-1/2. 2.11 Participant: Any Employee who has joined the Plan pursuant to the requirements of Article IV. 2.12 Plan Year: The calendar year. 2.13 Retirement: The first date upon which both of the following shall have occurred with respect to a participant: Separation from Service and attainment of agc 05. 2.14 Separation From Service: Severance of the Participant's employment with the Employer which consti- tutes a "separation from service" within the meaning of Section 402 (d) (4) (A) (iii) of the Code. In general, a Participant shall be deemed to have severed his employment with the Employer for purposes of this Plan when, in accordance with the established practices of the Employer, the employment relationship is considered to have actually terminated. In the case of a Participant who is an indepen- dent contractor of the Employer, Separation from Service I shall be deemed to have occurred when the Participant's contract under which services are performed has completely expired and terminated, there is no foreseeable possibility that the Employer will renew the contract or ent: t into a new contract for the participant's services, and is not antici- pated that the participant will become an Employee of the Employer. 2.15 Trust: The Trust created under Article VI of the Plan which shall consist of all compensation deferred under the Plan, plus any income and gains thereon, less any losses, expenses and distributions to Participants and Beneficiaries. Article 111. Administration 3.01 Duties of the Employer: The Employer shall have the authority to make all discretionary decisions affecting the rights or benefits of Participants which may be required in the administration of this Plan. The Employer's decisions shall be afforded the maximum deference permitted by applicable law. 3.02 Duties of Administrator: The Administrator, as agent for the Employer, shall perform nondiscretionary administrative functions in connection with the Plan, including the Maintenance of Participants' Accounts, the provision of periodic reports of the status of each Account, and the disbursement of benefits on behalf of the Employer in accordance with the provisions of this Plan. Article IV. Participation in the Plan 4.01 Initial Participation: An Employee may become a Participant by entering into a Joinder Agreement prior to the beginning of the calendar month in which the Joinder Agreement is to become effective to defer compensation not yet earned. 4.02 Amendment of Joinder Agreement: A Participant may amend an executed Joinder Agreement to change the amount of compensation not yet eared which is to be deferred (including the reduction of such future deferrals to zero) or to change his investment preference (subject to such restrictions as may result from the nature of terms of any investment made by the Employer). Such amendment shall become effective as of the beginning of the calendar month commencing after the date the amendment is executed. A Participant may at any time amend his Joinder Agreement to change the designated Beneficiary, and such amendment shall become effective immediately. 4 5 7 Plan Adoption Package Retain Document Deferred Comp e n s a t i o n Plan Dor u m en t, April 1 9 9 8 Article V. Limitations on Deferrals 5.01 Normal Limitation: Except as provided in section 5.02, the maximum amount of Deferred Compensation for any Participant for any taxable year shall not exceed the lesser of $7,500.00, as adjusted for the cost -of -living in accordance with Code section 457(e)(15) for taxable years beginning after December 31, 1996 (the "dollar limitation"), or 33-1/3 percent of the participant's Includible Compensa- tion for the taxable year. This limitation will ordinarily be equivalent to the lesser of the dollar limitation in effect for the taxable year or 25 percent of the Participant's Normal Compensation. 5.02 Catch -Up Limitation: For each of the last three (3) taxable year of a Participant ending before his attainment of Normal Retirement Age, the maximum amount of Deferred Compensation shall be the lesser of (1) $15,000 or (2) the sum of (i) the Noraal Limitation for the taxable year, and (ii) the Normal Limitation for each prior taxable year of the Participant commencing after 1978 less the amount of the Participant's Deferred Compensation for such prior taxable years. A prior taxable year shall be taken into account under the preceding sentence only if (i) the Participant was eligible to participate in the Plan for such year (or in any other eligible deferred compensation plan established under Section 457 of the Code which is properly taken into account pursuant to regulations under section 457), and (ii) compensation (if any) deferred under the Plan (or such other plan) was subject to the deferral limitations set forth in Section 5.01 5.03 Other Plans: The amount excludable from a Participants gross income under this Plan or any other eligible deferred compensation plan under section 457 of the Code shall not exceed 57,500.00 (or such greater amount allowed under Sections 5.01 or 5.02 of the Plan), less any amount excluded from gross income under section 403(6), 402(a)(8), or 402(h)(1)(B) of the Code,:or any amount with respect to which a deduction is allowable by reason of a contribution to an organization described in section 501 (c)(18) of the Code. Article VI. Trust and Investment of Accounts 6.01 Investment of Deferred Compensation: A Trust is hereby created to hold all the assets of the Plan for the exclusive benefit of Participants and Beneficiaries, except that expenses and taxes may be paid from the Trust as provided in Section 6.03. The trustee shall be the Employer or such other person which agrees to act in that capacity hereunder. 6.02 Investment Powers: The trustee or the Plan Administrator, acting as agent for the trustee, shall have the powers listed in this Section with respect to investment of Trust assets, except to the extent that the investment of Trust assets is directed by Participants, pursuant to Section 6.05. (a) To invest and reinvest the Trust without distinction between principal and income in common or preferred stocks, shares of regulated investment companies and other mutual funds, bonds, loans, notes, debentures, certificates of deposit, contracts with insurance companies including but not limited to insurance, individual or group annuity, deposit administration, guaranteed interest contracts, and deposits at reasonable rates of interest at banking institutions including but not limited to savings accounts and certificates of deposit. Assets of the Trust may be invested in securities that involve a higher degree of risk than investments that have demonstrated their investment performance over an extended period of time. (b) To invest and reinvest all or any part of the assets of the Trust in any common, collective or commingled trust fund that is maintained by a bank or other institution and that is available to Em- ployee plans described under sections 457 or 401 of the Code, or any successor provisions thereto, and during the period of time that an investment through any such medium shall exist, to the extent of participation of the Plans the declaration of trust of such commonly collective, or commingled trust fund shall constitute a part of this Plan. ........................................................................................................... Tt„ F- ICMA RETIREMENT CORPORATION (c) To invest and reinvest all or any part of the assets or the Trust in any group annuity, deposit administration or guaranteed interest contract issued by an insurance company or other financial institution on a commingled or collective basis with the assets of any other 457 plan or trust qualified under section 401(a) of the Code or any other plan de- scribed in section 401 (a)(24) of the Code, .and such con- tract may be held or issued in the name of the Plan Admin- istrator, or such custodian as the Plan Administrator niay appoint, as agent and nominee for the Employer. During the period that an investment through any such contract shall exist, to the extent of participation of the Plan, the terms and conditions of such contract shall constitute a part of the Plan. (d) To hold cash awaiting investment and to keep such portion of the Trust in cash or cash balances, without liability for interest, in such amounts as may from time to time be deemed to be reasonable and necessary to meet obligations under the Plan or otherwise to be in the best interests of the Plan. (e) To hold, to authorize the holding of, and to register any investment to the Trust in the name of the Plan, the Employer, or any nominee or agent of any of the foregoing, including the Pian Administrator, or in bearer forth, to deposit or arrange for the deposit of securities in a qualified central depository even though, when so deposited, such securities may be merged and held in bulk in the name of the nominee of such depository with other securities deposited therein by any other person, and to organize corporations or trusts under the laws of any jurisdiction for the purpose of acquiring or holding title to any property for the Trust, all with or without the addition of words or other action to indicate that property is held in a fiduciary or representative capacity but the books and records of the Plan shall at all times show that all such investments are part of the Trust. (fl Upon such terms as may be deemed advisable by the Employer or the Plan Administrator, as the case may be, for the protection of the interests of the Plan or for the preser- vation of the value of an investment, to exercise and enforce by suit for legal or equitable remedies or by other action, or to waive any right or claim on behalf of the Plan or any default in any obligation owing to the Plan, to renew, extend the time for payment of, agree to a reduction in the rate of interest on, or agree to any other modification or change in the ternis of any obligation owing to the Plan, to settle, compromise, adjust, or submit to arbitration any claim or right in favor of or against the Plans to exercise and enforce any and all rights of foreclosure, bid for property in foreclosure, and take a deed in lieu of foreclosure with or without paying consideration therefor, to commence or defend suits or other legal proceedings whenever any interest of the Plan requires it, and to represent the Plan in all suits or legal proceedings in any court of law or equity or before any body or tribunal. (g) To employ suitable consultants, depositories, agents, and legal counsel on behalf of the Plan. (h) To open and maintain any bank account or accounts in the name of the Plan, the Employer, or any nominee or agent of the foregoing, including the Plan Administrator, in any bank or banks. (i) To do any and all other acts that may be deemed neces- sary to carry out any of the powers set forth herein. 6.03 Taxes and Expenses: All taxes of any and all kinds whatsoever that may be levied or assessed under existing or future laws upon, or in respect to the Trust, or the income thereof, and all commissions or acquisitions or dispositions of securities and similar expenses of investment and reinvest- ment of the Trust, shall be paid from the Trust. Such reasonable compensation of the Plan Administrator, as may be agreed upon from time to time by the Employer and the Plan Administrator, and reimbursement for reasonable expenses incurred by the Plan Administrator in performance of its duties hereunder (including but not limited to fees for legal, accounting, investment and custodial services) shall also be paid from the Trust. 6.04 Payment of Benefits: The payment of benefits from the Trust in accordance with the terms of the Plan may be made by the Plan Administrator, or by any custodian or other person so authorized by the Employer to make such disbursement. The Plan Administrator, custodian or other person shall not be liable with respect to any distribution of Trust assets made at the direction of the Employer. 6.05 Investment Funds: In accordance with uniform and nondiscriminatory rules established by the Employer and the Plan Administrator, the Participant may direct his/her Accounts to be invested in one (1) or more investment funds available under the Plan; provided, however, that the Participant's investment directions shall not violate any investment restrictions established by the Employer. Neither the Employer, the Administrator, nor any other person shall be liable for any losses incurred by virtue of following such directions or with any reasonable administrative delay in implementing such directions. ............................................................................................... F ., 14/ a n t a o p r i o n P a c k a S r k e f a i n D o c u m e n t D e f r r r e d C o m p r n 3 a r i o n P l a n D o, u m e n f, A p r i l 19 9 8 6.06 Valuation of Accounts: As of each Accounting Date, the Plan assets held in each investment fund offered shall be valued at fair market value and the investment income and gains or losses for each fund shall be determined. Such investment income and gains or losses shall be allocated proportionately among all Account balances on a fund -by - fund basis. The allocation shall be in the proportion that each such Account balance as of the immediately preceding Accounting Date bears to the total of all such Account balances as of that Accounting Date. For purposes of this Article, all Account balances include the Account balances of all Participants and Beneficiaries. 6.07 Participant Loan Accounts: Participant Loan Accounts shall be invested in accordance with Section 8.03 of the Plan. Such Accounts shall not share in any investment income and gains or losses of the investment funds described in Sections 6.05 and 6.06. 6.08 Crediting of Accounts: The Participant's Account shall reflect the amount and value of the investments or other property obtained by the Employer through the investment of the Participant's Deferred Compensation pursuant to Sections 6.05 and 6.06. It is anticipated that the Employer's investments with respect to a Participant will conform to the investment preference specified in the Participant's Joinder Agreement, but nothing herein shall be construed to require the Employer to make any particular investment of a Participants Deferred Compensation. Each Participant shall receive periodic reports, not less frequently than annually, showing the then current value of his/her Account. 6.09 Transfers: (a) Incoming Transfers: A transfer may be accepted from an eligible deferred compensation plan maintained by another employer and credited to a Participant's Account under the Plan if (I) the Participant has separated from service with that employer and become an Employee of the Employer, and (ii) the other employer's plan provides that such transfer will be made The Employer may require such documentation from the predecessor plan as it deems necessary to effectuate the transfer, to confirn that such plan is an eligible deferred compensation plan within the meaning of Section 457 of the Code, and to assure that transfers are provided for under such plan. The Employer may refuse to accept a transfer in the form of assets other than cash, unless the Employer and the Administrator agree to hold such other assets under the Plan. Any such transferred amount shall be treated as a deferral subject to the limitations of Article V, except that, for purposes of applying the limitations of Sections 5.01 and 5.02, an amount deferred during any taxable year under the plan from which the transfer is accepted shall be treated as if it has been deferred under this Plan during such taxable year and compensation paid by the transferor employer shall be treated as if it had been paid by the Employer. (b) Outgoing Transfers: An amount may be transferred to an eligible deferred compensation plan maintained by another employer, and charged to a Participant's Account under this Plan, if (i) the Participant has separated from service with the Employer and become an employee of the other employer, (ii) the other employer's plan provides that such transfer will be accepted, and (iii) the Participant and the employers have signed such agreements as are necessary to assure that the Employer's liability to pay benefits to the Participant has been discharged and assumed by the other employer. The Employer may require such documentation from the other plan as it deems necessary to effectuate the transfer, to confirm that such plan is an eligible deferred compensation plan within the meaning of section 457 of the Code, and to assure that transfers are provided for under such plan. Such transfers shall be made only under such circumstances as are permitted under section 457 of the Code and the regulations thereunder. 6.10 Employer Liability: In no event shall the Employer's liability to pay benefits to a Participant under this Plan exceed the value of the amounts credited to the Participant's Account; neither the Employer nor the Administrator shall be liable for losses arising from depreciation or shrinkage in the value of any investments acquired under this Plan. ...................... .................................................................... I ........ I ........ . F ICMA RETIREMENT CORPORATION Article VII. Benefits 7.01 Retirement Benefits and Election on Separation from Service: Except as otherwise provided in this Article VII, the distribution of a Participant's Account shall com- mence as of April 1 of the calendar year atter the Plan Year of the Participant's Retirement, and the distribution of such Retirement benefits shall be made in accordance with one of the payment options described in Section 71.02. Notwith- standing the foregoing, but subject to the following para- graph of this Section 7.01, the Participant may irrevocably elect within 60 days following Separation from Service to have the distribution of benefits commence on a fixed determinable date other than that described in the preceding sentence which is at least 61 days after Separation from Service, but not later than April 1 of the year follovaing the year of the Participant's Retirement or attainment of age 70- 1/2, whichever is later. Notwithstanding the foregoing provisions of this Section 7.01, no election to defer the commencement of benefits after a separation from service shall operate to defer the distribution of any amount in the Participant's Loan Account in the event of a default of the Participant's loan. Effective on or after January 1, 1997, the Participant may elect to defer the commencement of distribution of benefits to a fixed determinable date later than the date described above, but not later than April l of the year following the year of the Participant's retirement or attainment of age 70- 1/2, whichever is later, provided (a) such election is made atter the 01st day following Separation from Service and before connuencenient of distributions and (b) the Partici- pant may make only one (1) such election. Notwithstanding the foregoing, the Administrator, in order to ensure the orderly administration of this provision, may establish a deadline after which such election to defer the couunence- ment of distribution of benefits shall not be allowed. 7.02 Payment Options: As provided in Sections 7.01, 7.04 and 7.05, a Participant or Beneficiary may elect to have value ofthe Participant's Account distributed in accordance with one of the following payment options, provided that such option is consistent with the limitations set forth in Section 7.03. (a) F.qual monthly, quarterly, semi-annual or annual pay- ments in an amount chosen by the Participant, continuing until his/her Account is exhausted; (b) One lump -sum- payment, (c) Approximately equal monthly, quarterly, semi-annual or annual pavments, calculated to continue for a period certain chosen by the Participant. (d) Annual Payments equal to the minimum distributions required under Section 401(a)(9) of the Code over the life expectancy of the Participant or over the life expectancies of the Participant and his Beneficiary. (e) P,r,incnts equal to payments made by the issuer of a retirement annuity policy acquired by the Employer. (t) A split distribution under which payments under options (a), (b), (c) or (e) commence or are made at the same time, as elected by the Participant under Section 7.01, provided that all payments commence (or are made) by the latest benefit commencement date under Section 7.01 and that once a payment is made subsequent payments will be made in substantially nonincreasing amounts, (g) Any paynient option elected by the Participant and agreed to by the Employer and Administrator, provided that such option must provide for substantially nonincreasing payments for any period after the benefit commencement date under Section 7.01. A Participant's or Beneficiary's selection of a payment option made atter December 31, 1995, under Subsections (a), (c), or (g) above may include the selection of an automatic annual cost -of -living increase. Such increase will be based on the rise in the Consumer Price Index for All Urban Consumers (CPI -U) from the third quarter of the last year in which a cost -of -living increase was provided to the third quarter of the current year. Any increase will be made in periodic payment checks beginning the following January. The first cost -of -living increase will be based on the rise in the CPI -U from the third quarter of 1995 to the third quarter of 1996, and will be applied to amounts paid beginning January 1997. A Participant's or Beneficiary's election of a payment option must be made at least 30 days before the payment of benefits is to commence. If a Participant or Beneficiary fails to make a timely election of a payment option, benefits shall be paid nionthly under option (c) above for a period of five years or such shorter period of time necessary to ensure that the amount of any installment is not less than $1,200 per year, without the inclusion of a cost -of -living increase. ............................................................................................................ 457 Plan Adoption Packagc Retain DoeumenI Declaration of Trust of the I CAI A R c t i re tn e n t Trust, A p ri 1 1 9 9 8 7.03 Limitation on Options: No payment option may be selected by a Participant under subsections 7.02(a) or (c) unless the amount of any installment is not less than $1,200 per year. No payment option may be selected by a Partici- pant or Beneficiary under Sections 7.02, 7.04, or 7.05 unless it satisfies the requirements of Sections 401(a) (9) and 457(d)(2) of the Code, including that payments commencing before the death of the Participant shall satisfy the incidental death benefits requirement under section 457(d)(2)(13)(i)(1). A cost -of -living increase included as part of a payment option selected under Section 7.02 shall not be considered to fail to satisfy the requirement under section 457(d)(2)(b) that any distribution made over a period of more than one year can only be made in substantially nonincreasing amounts. Unless otherwise elected by the Participant (or spouse, in the case of distributions described in Section 7.05 below) by the time distributions are required to begin, life expectancies shall be recalculated annually. Such election shall be irrevocable as to the Participant (or spouse) and shall apply to all subsequent years. The life expectancy of a nonspouse Beneficiary may not be recalculated. 7.04 Post-retirement Death Benefits: (a) Should the Participant die after he/she has begun to receive benefits under a payment option, the remaining pavnients, if ane. under the payment option shall be payable to the participant's Beneficiary within the 30 -day period commencing; with the 01st day atter the Participants death, unless the Beneficiary elects payment under a different pay- ment option that n available under Section 7.02 within 60 dav� oftli, 11artinpant's death. Any ditferent payment option electcd lis a Bcucficiary under this section must provide for pay°ment< at a rate that is at least as rapid under the payment option tii,a nva, applicable to the Participant. In no event shall the 1=rnploycr or Administrator be liable to the Benefi- ciary for the amount of any payment made in the name of the Participant before the Administrator receives proof of death of the Participant. (b) If the designated Beneficiary does not continue to live for the remaining period of payments under the payment option, then the commuted value of any remaining pay- ments under the payment option shall be paid in a lump sum to the estate of the Beneficiary. In the event that the Participant's estate is the Beneficiary, the commuted value of any remaining payments under the payment option shall be paid to the estate in a lump sura. 7.05 Pre -retirement Death Benefits: (a) Should the Participant die before he has begun to receive the benefits provided by Section 7.01, the value of the Participant's Account shall be payable to the Beneficiary commencing within the 30 -day period commencing on the 91 st day after the Participant's death, unless the Beneficiary elects a different fixed or determinable benefit commence- ment date within 90 days of the Participant's death. Such benefit commencement date shall be not later than the later of (i) December 31 of the year following the year of the participant's death, or (ii) if the Beneficiary is the Participant's spouse, December 31 of the year in which the Participant would have attained age 70-1/2. (b) Unless a Beneficiary elects a different payment option prior to the benefit commencement date, death benefits under this Section shall be paid in approximately equal annual installments over five years, or over such shorter period as may be necessary to assure that the amount of any annual installment is not less than $3,500. A Beneficiary shall be treated as if he/she were a Participant for purposes of determining the payment options available under Section 7.02, provided, however, that the payment option chosen by the Beneficiary must provide for payments to the Beneficiary over a period no longer than the life expectancy of the Beneficiary. and provided that such period may not exceed (15) years if the Beneficiary is not the Participant's spouse. (c) In the event that the Beneficiary dies before the payment of death benefits has commenced or been completed, the remaining value of the Participant's Account shall be paid to the estate of the Beneficiary in a lump sum. In the event that the Participant's estate is the Beneficiary, payment shall be made to the estate in a lump sum. 7.06 Unforeseeable Emergencies: (a) In the event an unforeseeable emergency occurs, a Participant may apply to the Employer to receive that part of the value of his/her Account that is reasonably needed to satisfy the emergency need. If such an application is approved by the Employer, the Participant shall be paid only such amount as the Employer deems necessary to meet the emergency need, but payment shall not be made to the extent that the financial hardship may be relieved through cessation of deferral under the Plan, insurance or other reimbursement, or liquidation of other assets to the extent such liquidation would not itself cause severe financial hardship. ................. ........ ........... ....... .......................... ......... I ....... .............. I....... S c eCMA RETIREMENT CORPORATION (b) An unforeseeable emergency shall be doem_�d int, -lee only circumstances of severe financial hard /nip to the Participant resulting from a sudden unexpect,u dlnes:,, accident, or disability of the Participant or of a dei t•ndcnt (as defined in section 152(x) of the Code) of it)c Famcparit, lo,: of the Participant's property due to casuals :)r other similar and extraordinary unforeseeable Cir, nllls;anc e> .trisinz as a result of events beyond the control of the Participant. The need to send a Participant's child to cullrc or to purchase a nev,- home shall not be consideierl nufvrese�.ihic emergencies. The determination as to whether ,ti,:h .ui unforeseeable emergency exists shall be bale,: on the i>>rrit, of each individual case. 7.07 Transitional Rule for Pte -1989 Benefit Elections: In the event that, prior to January 1, 1989, a Partictp:mt or Beneficiary has commenced receiving benctits under ,l payment option or has irrevocably elected i pavme11t ol)[ion or ben,iit conunertCell lent date, then that paviimit option or election shLill remain in et3ect not-vithstanLill i,, :Inv odlrr provision of the Plan. 7.08 De Minimis Ar-�-ounts: Notwithst;unding the forego- ing provisions of this .a.rticic, if the value of a Participants Account does riot exceed the dollar lmrut rider section 411(a) (1 1) (A) of the Code and (a) no amount has brcu deterred under the Plan -with respect to the Participant during the 2 -year period ending on tine date of the distribu- tion and (b) there has been no prior distribution under the Plan to the Participant pursuant to this Section; 7.t1N. the Participant may elect to rccci--e or the Employer may distribute the participants entire Account -without thc� consent of -the Participant_ Such distribution shall be made in a lump sum. Article VIII. Loans to Participants 8.01 Availability of Loans to Participants: (a) Effective l:unuan' 1, 1097, tale Employer may elect to snake loans available to Participants in this Plan. It the Employer has elected to make loans available to Participants, a Participant may apply for a loan from the Plan subject to the limitations and other provisions of this Article. (b) The Employer shall establish -written guidelines govern- ing the granting of -loans, provided that such Iruidclines are approved by the Plan Administrator and are not inc onsistent with the provisions of this Article, and that loans are made available to all Participants on a reasonably equivalent basis. 8.02 Terms and Conditions of Loans to Participants: Any .oan o- the flan to a Participant under Section 8.01 of the Plan snail satisfy the following requirements: (a) A�ailahilih: Loans shall be made available to all Partici- pants oli reasonably equivalent basis. (b) lnterrtt Ratc. Loains must be adequately secured and bear A rca,c,n.thlc interest rate. (c) L,r.:r, l -unit No Participant loan shall exceed the present v11ur ut the Participants Account. (d) Foreclosure. In the event of default on any installment pavmcw, the outstanding balance of the loan shall be a deemed distribution. In such event, an actual distribution of 1 plan 10.111 offset amount will not occur until a distributable event occurs in the Plan. (e) Reduction of Account_ Notwithstanding any other provision of this Plan, the portion of the Participant's Account balance used as a security interest held by the Plan by reason of a loan outstanding to the Participant shall be taken into account for purposes of determining the amount of the Account balance payable at the time of death or distribution, but only if the reduction is used as repayment of the loan. (t) Amount of Loan. At the time the loan is made, the principal amount of the loan plus the outstanding balance (principal plus accrued interest) due on any other outstanding loans to the Participant from the Plan and trom all other plans of the Employer that are qualified employer plans under section 72(p)(4) of the Code shall not exceed the least of: reduced by the excess (if any) of 1) The highest outstanding balance of loans from the Plan during the one (1) year period ending on the day l-efore the date on which the loan is made, over (b) The outstanding balance of loans from the Plan on the date on which such loan is made; or ('_) One-half of the value of the Participant's interest in all of his/her Accounts under this Plan. ............................................................................................................. L , 1, 4 7 P i a n A d o p i i o n Package R eta in D o c u m e n t D e c l a r a t i o n of T r u s t o f t h e 1 C Al A R e! i r e m e n t T r u s t, A p r i l 1 9 9 8 (g) Application for Loan. The Participant must give the Employer adequate written notice, as determined by the Employer, of the amount and desired time for receiving a loan. No more than one (1) loan may be made by the Plan to a Participant's in any calendar year. No loan shall be approved if an existing loan from the Plan to the Participant is in default to any extent. (h) Length of Loan. Any loan issued shall require the Participant to repay the loan in substantially equal install- ments of principal and interest, at Ieast monthly, over a period that does not exceed five (5) years from the date of the loan; provided, however, that if the proceeds of the loan are applied by the Participant to acquire any dwelling unit that is to be used within a reasonable time (determined at the time of the loan is made) after the loan is made as the principal residence of the Participant, the five (5) year limit shall not apply. In this event, the period of repayment shall not exceed a reasonable period determined by the Employer. Principal installments and interest payments otherwise due may be suspended for up to one (1) year during an autho- rized leave of absence, if the promissory note so provides, but not beyond the original teen permitted under this subsection(h), with a revised payment schedule (within such terns) instituted at the end of such period of suspension. (i) Prepayment. The Participant shall be permitted to repay the loan in whole or in part at any time prior to maturity, without penalty. (j) Promis,ory Note. The loan shall be evidenced by a promissory note executed by the Participant and delivered to the Employer, and shall bear interest at a reasonable rate determined by the Employer. (k) Security. The loan shall be secured by an assignment of the participant's right, title and interest in and to his/her Account. (1) Assignment or Pledge. For the purposes of paragraphs (E) and assignment or pledge of any portion of the Participant's interest in the Plan and a loan, pledge, or assignment with respect to any insurance contract purchased under the Plan, will be treated as a loan. (m) Other Terms and Conditions. The Employer shall fix such other terms and conditions of the loan as it deems necessary to comply with legal requirements, to maintain the qualification of the Plan and Trust under section 457 of the Code, or to prevent the treatment of the loan for tax purposes as a distribution to the Participant. The Employer, in its discretion for any reason, may fix other terms and conditions of the loan, not inconsistent with the provisions of this Article and section 72(p) of the Code. 8.03 Participant Loan Accounts: (a) Upon approval of a loan to a Participant by the Em- ployer, an amount not in excess of the loan shall be trans- ferred from the Participant's other investment fund(s), described in Section 6.05 of the Plan, to the Participant's Loan Account as of the Accounting Date immediately preceding the agreed upon date on which the loan is to be made. (b) The assets of a Participant's Loan Account may be invested and reinvested only in promissory notes received by the Plan from the Participant as consideration for a loan permitted by Section 8.01 of the Plan or in cash. Uninvested cash balances in a Participant's Loan Account shall not bear interest. Neither the Employer, the Administrator, nor any other person shall be liable for any loss, or by reason of any breach, that results from the Participant's exercise of such control. (c) Repayment of principal and payment of interest shall be made by payroll deduction or, where repayment cannot be made by payroll deduction, by check, and shall be invested in one (1) or more other investment funds, in accordance with Section 6.O5 of the Plan, as of the next Accounting Date after payment thereof to the Trust. The amount so invested shall be deducted from the Participant's Loan Account. (d) The Employer shall have the authority to establish other reasonable rules, not inconsistent with the provisions of the Plan, governing the establishment and maintenance of Participant Loan Accounts. Article IX. Non -assignability 9.01 In General: Except as provided in Article VIII and Section 9.02, no Participant or Beneficiary shall have any right to commute, sell, assign, pledge, transfer or otherwise convey or encumber the right to receive any payments hereunder, which payments and rights are expressly declared to be non -assignable and non -transferable. ............................................................................................................. N,'), r,; v A -iL'gIiEMEN_r CUR"U_iA Ad \ 9.02 Domestic Relations Orders: (a) Allowance of Transfers: To the extent no(It: ire I un : C - final judgement, decree, or order (including; ipprmal -fa property settlement agreement) made purs,a ti to a siatr domestic relations law, any portion of Partic.pat -s A._ - count may be paid or set aside for paytnen: t ) a s,x"u;" former spouse, or child of the Participant. skh:re - eOe;suy to carry out the terms of such an order, a srpai-ate Accon.i,t shall be established with respect to th-e spo -ise, fotn ie - spouse, or child who shall be entitled to make irivcit:tcnnt selections with respect thereto in the same tr a nit r v -fie Participant-, any amount so set aside for a s:,cwc, foru,,-r spouse, or child shall be paid out in a lump sate at the earliest date that benefits may be paid to tl.e 11 irticipant, unless the order directs a different time or gbrtn of pad olent. Nothing in this Section shall be construed tc .iuthoriztl any° amount to be distributed under the Plan a- a t,mr or in .t form that is not pennitted under Section 457 of the Code. Any payment made to a person other than the Participant pursuant to this Section shall be reduced by required income tax withholding; the fact that payment is riade to a person other than the Participant may not prevent such payment from being includible in the gross income of the Participant for withholding and income tax reporting purpose;. (b) Release from Liability to Participant: The Employers liability to pay benefits to a Participant shall be reduced to the extent that amounts have been paid or set aside for payment to a spouse, former spouse, or child pursuant to paragraph (a) of the Section. No such transfer shall be effectuated unless the Employer or Administrator has been provided with satisfactory evidence that the Employer and the Administrator are released from any further claim by the Participant with respect to such amounts. The Participant shall be deemed to have released the Employer and the Administrator from any claim with respect to such amounts, in any case in which (i) the Employer or Administrator has been served with legal process or otherwise joined in a proceeding relating to such transfer, (ii) the Participant has been notified of the pendency of such proceeding in the manner prescribed by the law of the jurisdiction in which the proceeding is pending for service of process in such action or by mail from the Employer or Administrator to the Participant's last known mailing address, and (iii) the Partici- pant fails to obtain an order of the court in the proceeding relieving the Employer or Administrator from the obligation to comply with the _judgment, decree, or order. (() 11uti:t_ati:)n it Legal Proceedings: The Employer and Achim istratot ;ha not be obligated to defend against or set a>ide niv ridpr Tient, decree, or order described in paragraph (a) o� .tri° leg it order relating to the garnishment of a Parti=ipant's I c nef ts, unless the full expense of such legal acttor: is 1 orne b,% the Participant. In the event that the Parti:ipattt's acticr (or inaction) nonetheless causes the Employer or A.druinistrator to incur such -expense, the amom,t w thou 'Npense may be charged against the Participa:,t's f1 _count and thereby reduce the Employer's obli�atior to paw benefits to the Participant. In the course of any proc2edingg r;:ating to divorce, separation, or child support. the Pmployer and Administrator shall be authorized to disckr,,, information relating to the Participant's Account to the Participant', spouse, former spouse, or child (including the legal rrpn_;entatives of the spouse, former spouse, or child), or to court. Article X. Relationship to other Plans and Employment Agreements This Plan serves :rt addition to any other retirement, pen- sion, or benefit plan or system presently in existence or hereinafter established for the benefit of the Employer's employees, and participation hereunder shall not affect benefits receivable under any such plan or system. Nothing contained in this Plan shall be deemed to constitute an employment contract or agreement between any Participant and the Employer or to give any Participant the right to be retained in the employ of the Employer. Nor shall anything herein be construed to modify the terms of any employment contract or agreement between a Participant and the Em- ployer. Article XI. Amendment or Termination of Plan The Employer may at any time amend this Plan provided that it transmits such amendment in writing to the Adminis- trator at least 30 days prior to the effective date of the amendment. The consent of the Administrator shall not be required in order for such amendment to become effective, but the Administrator shall be under no obligation to continue acting as Administrator hereunder if it disapproves of such amendment. The Employer may at any time termi- nate this Plan. ............................................................................................................. "" 457 Plan Adoption Pa cit ay t, ,c c t a i n oeu m en De c I a r t i o n 0.1 Tru s t ti I' t h e 1 CA1 A R e t'rem e n t T r s t, A p r i 1 1 998 The Administrator may at any time propose an amendment to the Plan by an instrument in writing transmitted to the Employer at least 30 days before the effective date of the amendment. Such amendment shall become effective unless, within such 30 -day period, the Employer notifies the Administrator in writing that it disapproves such amend- ment, in which case such amendment shall not become effective. In the event of such disapproval, the Administrator shall be under no obligation to continue acting as Adminis- trator hereunder. Except as may be required to maintain the status of the Plan as an eligible deferred compensation plan under section 457 of the Code or to comply with other applicable laws, no amendment or termination of the Plan shall divest any Participant of any rights with respect to compensation deferred before the date of the amendment or termination. Article X11. Applicable Law This Plan and Trust shall be construed under the laws of the state where the Employer is located and is established with the intent that it meet the requirements of an "eligible deferred compensation plan" under Section 457 of the Code, as amended. The provisions of this Plan and Trust shall be interpreted wherever possible in conformity with the requirements of that section. Article X111. Gender and Number The masculine pronoun, whenever used herein, shall include the feminine pronoun, and the singular shall include the plural, except where the context requires otherwise. ...........I .................... 6leien 4 5 7 P l a n A d o p i i it Pack a,i c R c i a in D,), urn c u r De c I a r i i , n o t Tru s t c 1 rh r I C Al A k i re ni c n i Tr u s t, la), 1 9 9 7 APPENDIX B DECLARATION OF TRUST OF THE ICMA RETIREMENT TRUST Article 1. Name and Definitions Section 1.1 Name: The name of the trust created hereby is the ICMA Retirement Trust. Section 1.2 Definitions: Wherever the are used herein, the following terms shall have the follo%ving respective nieauiu s: (a) Bylaws. The bylaws referred to in Section 4-1 hereof, is amended fron tine to tithe. (b) Deferred Compensation Plan. A deferred compensation plan established and maintained b% a Public Enployc r for rhe purpose of providing retirement income and other deferred benefits co its employees in accordance %%ith the provision of section 157 of the Internal Res'enur Code. (c) Employees. Those employee: who participate in Qualified Plans and; or I)eTerrcd Couipeusation Plans. (d) Employer Trust. .\ trust created pursuant to an agreenheut hem een RC and a Pnhhc Eniplovcr, or an agreement bem Lv chi RC and a Public Enhploccr tc r admunstrauve services that is not a trust, in either case for the purpose of im estiu* and administering the funds set aside bv such Enhployer ui connection svtth its Deterred Compensation agreements with Its employees or ip connection with its Qualified Plan. (e) Investment Contract. A non-negotiable contract entered into by the Retirement Trust with a financial institution that Provides for a fixed rate of return on mvestnhent. (f) ICMA. The lnternitional City/County Mara+"let"ell t Association. (g) ICMA Trustees. Those Trustees elected by the Public Employers in accordance with the provisions of Section 3.1(a) hereof, \a'ho are also nienibers or fornier nhenibers ofthe Executive Board of ICMA. (h) RC Trustees. Those Trustees elected by the Public Eniplover, vdio, in accordance with the provisions of Section 3.1(a) hereof, are also nieiubers or fomiermembers of the Board of Directors of RC. (i) Internal Revenue Code. The Internal Revenue Code of 1986, as amended. 0) Investment Adviser. The Invesunent Adviser that enters into a contract with the Retirement Trust to provide advice with respect to investnient of the Trust Property. (k) Portfolios. The separate commingled pools of investment established by the Investnient Adviser to the Retirement Trust, under the supervision of the Trustees, for the purpose ofproviding investments for the Trust Propem . (1) Public Employee Trustees. Those Trustees elected by the Public Employers who, in accordance with the provision of Section 3.1 (a) hereof, are full-time eniployees ofPublic Employers. (m) Public Employer Trustees. Public Employers who serve as trustees of the Qualified Plans or Deferred Compensation Plans. (n) Public Employer. A unit of state or local govenunent, or any agent � or instrunieruality thereof, that has adopted a Deferred Coulpeusation Plan or a Qualified Plan and has executed this Declaration of Trust, (o) Qualified Plan. A plan that is sponsored by a Public Fuiplm•er for the purpose of providing retirement income to its euhplovees and that satisfies the qualification requirements of Semon 41)l of the Internal Revenue Code. (p) Public Employer Trust. A trust that is established by a Public Eunplover in connection \vith its Qualified Plan and that sattsftes the requirements OfSection 501 of the Internal Revenue Code, or a trust established by i Public Eriuplover in connection with its Deferred Compensation Plan and that satisfies the requirements of Section 4i 7(b) of the Internal Revenue Code. (q) RC_ The International Cir; Management Association Retirement Corporation. (r) Retirement Trust. The Tnist created by this Declaration of Trust. (s) Trust Property. The amounts held in the Retirement Trust .Is provided in Section 2.3. The Trust Property shall include any income resulting from the investment to the amounts so held. (t) Trustees. The Public Employee Trustees, ICMA Trustees and RC: Trustees elected by the Public Employers to serve as nientbers of the Board of Trustees of the Retirement Trust. Article II. Creation and Purpose of the Trust; Ownership of Trust Property Section 2.1 Creation: ('a) The Retirement Trust was created by the execution of this I )echtranon of Trust by the initial Trustees and Public Employers and n established with respect to each participating Public: Employer by adoption of this Declaration of Trust. (b) The Retirement Trust is hereby expressly made a part of the appropriate Qualified Plan or Deferred Compensation Plan of each PublicEutployerthat executes or has executed this Declaration of Trust. Section 2.2 Purpose and Participation: (a) The purpose of the Retirement Trust is to provide for the connnrngled investment of funds held by the Public Employers in connection with their Deferred Compensation and Qualified Plans. The Trust Property shall be invested in the Portfolios, in Invesunent Contracts, and in other investments recommended by 4 5 7 Plan Adoption Package Retain Document Declaration of Trust of the 1CMA Retirement Trust, May 1997 the Investment Adviser under the supervision of the Board of Trustees. No part of the Trust Property will be invested in securities issued by Public Employers. (b) Participation in the Retirement Trust is limited to (i) pension and profit-sharing trusts which are maintained by Public Employers and that are exempt under section 501(a) of the Internal Revenue Code because the Qualified Plans related thereto qualify under section 401(a) of the Internal Revenue Code and (ii) deferred compensation plans maintained by Public Employers under Section 457 of the Internal Revenue Code (and trusts maintained by such Public Employers in connection with such 457 plans). Section 2.3 Ownership of Trust Property: (a) The Trustees shall have legal title to the Trust Property. The Trust Property shall be held as follows: (i) forthe Public Employer Trustees for the exclusive benefit ofthe Employees; or (ii) in the case of a Deferred Compensation Plan maintained by a Public Employer that has not established a Public Employer Trust for the plan, for the Public Employer as beneficial owner of the plan's assets. (b) The portion ofthe corpus andincome ofthe Retirement Trust that equitably belongs to any Public Employer Trust may not be used for or diverted to any purpose other than for the exclusive benefit of the Employees (or their beneficiaries) who are entitled to benefits under such Public Employer Trust. (c) No employer's Public Employer Trust may assign any part of its equity or interest in the Retirement Trust, and any purported assignment of such equity or interest shall be void. Article 111. Trustees Section 3.1 Number and Qualification of Trustees (a) The Board of Trustees shall consist of nine Trustees. Five of the Trustees shall be full-time employees of a Public Employer (the Public Employee Trustees) who are authorized by such Public Employer to serve as Trustee. The remaining four Trustees shall consist of two persons who, at the time of election to the Board of Trustees, are members or former members of the Executive Board of ICMA, and two persons who, at the time of election, are members or former members of the Board of Directors of RC. One of the ICMA Trustees and one of the RC Trustees shall, at the time of election, be full-time employees of Public Employers. (b) No person may serve as a Trustee for more than two terms in any ten-year period. Section 3.2 Election and Term: (a) Except for the Trustees appointed to fill vacancies pursuant to Section 3.5 hereof, the Trustees shall be elected by a vote of a majority of the voting Public Employers in accordance with the procedures set forth in the By -Laws. (b) At the first election of Trustees, three Trustees shall be elected for a term of three years, three Trustees shall be elected for a term of two years and three Trustees shall be elected for a term of one year. At each subsequent election, three Trustees shall be elected, each to serve for a term of three years and until his or her successor is elected and qualified. Section 3.3 Nominations: The Trustees who are full-time employees of Public Employers shall serve as the Nominating Committee for the Public Employee Trustees. The Nominating Committee shall choose candidates for Public Employee Trustee in accordance with the procedures set forth in the By -Laws. Section 3.4 Resignation and Removal: (a) Any Trustee may resign as Trustee (without need for prior or subsequent accounting) by an instrument in writing signed by the Trustee and delivered to the other Trustees and such resignation shall be effective upon such delivery, or at a later date according to the terms of the instrument. Any of the Trustees may be removed for cause, by a vote of a majority of the Public Employers. (b) Each Public Employee Trustee shall resign his or her position as Trustee within 60 days of the date on which he or she ceases to be a full-time employee of a Public Employer. Section 3.5 Vacancies: The temm of office of a Trustee shall temunate and a vacancy shall occur in the event of his or her death, resignation, removal, adjudicated incompetence or other incapac- ity to perform the duties of the office of a Trustee. In the case of a vacancy, the remaining Trustees shall appoint such person as they in their discretion shall see fit (subject to the limitations set forth in this Section), to serve for the unexpired portion of the temm of the Trustee who has resigned or otherwise ceased to be a Trustee. The appointment shall be made by a written instrument signed by a majority of the Trustees. The person appointed must be the same type of Trustee (i.e., Public Employee Trustee, ICMA Trustee or RC Trustee) as the person who has ceased to be a Trustee. An appointment ofa Trustee may be made in anticipation ofa vacancy to occur at a later date by reason of retirement or resignation, provided that such appointment shall not become effective prior to such retirement or resignation. Whenever a vacancy shall occur, until such vacancy is filled as provided in this Section 3.5, the Trustees in office, regardless of their number, shall have all the powers granted to the Trustees and shall discharge all the duties imposed upon the Trustees by this Declaration. A written instru- nment certifying the existence of a vacancy signed by a majority of the Trustees shall be conclusive evidence of the existence of such vacancy. Section 3.6 Trustees Serve in Representative Capacity: By executing this Declaration, each Public Employer agrees that the Public Employee Trustees elected by the Public Employers are authorized to act as agents and representatives of the Public Employers collectively. T h i rreen .c; CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO: Honorable Mayor and City Council VIA: Terrence L. Belanger, City Managerrk,� M t FROM: Linda G. Magnuson�,-Asst. Finance Director DATE: December 15, 1998 SUBJECT: Advance and Reimbursement Agreement Number P2 Recommendation: It is recommended that the City Council adopt a resolution approving Advance and Reimbursement Agreement Number P2, with the Diamond Bar Redevelopment Agency, in the amount of $34,695. Discussion: On February 17, 1998, the City Council and the Diamond Bar Redevelopment Agency approved Advance and Reimbursement Agreement Number P 1 in the amount of $328,120 for the purpose of awarding engineering design contracts for various improvements located within the Diamond Bar Economic Revitalization Area. A contract for $150,810 (including contingency) was awarded to Dewan, Lundin, and Associates for engineering design services related to improvements to Brea Canyon Road between Pathfinder and the Southerly City Limits. At the time of the original contract award, staff had contacted Caltrans to discuss the possibility of improving the State right-of-way area on the westerly side of Brea Canyon Road. Since that time, an agreement has been reached between the Redevelopment Agency and Caltrans. Therefore a contract amendment for this project in the amount of $34,695 is being proposed to incorporate this area as a part of the improvement project.. CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: December 15, 1998 REPORT DATE: December 10, 1998 FROM: James DeStefano, Deputy City Manager TITLE: Review of Draft Subdivision Ordinance (continued from December 1, 1998) SUMMARY: A subdivision of land for the purpose of sale, lease or finance is governed by the California Subdivision Map Act. Upon incorporation the City adopted the Los Angeles County Subdivision Code to guide citizens, developers and decision makers through the process of land subdivision. A new Subdivision Code has been drafted specifically tailored for the City of Diamond Bar. The Planning Commission has reviewed the Draft and recommends its adoption by the City Council. RECOMMENDATION: It is recommended that the City Council receive a presentation from staff, re -open the public hearing, receive testimony and continue the hearing to January 5, 1999. LIST OF ATTACHMENTS:__X_ Staff Report — Resolution(s) — Ordinance(s) _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: –2L Public Hearing Notification Bid Specification (on file in City Clerk's office) — Other: Certificate of Deposit on file with the City Clerk. 1. Has the resolution, ordinance or agreement been _ Yes _No reviewed by the City Attorney? N/A 2. Does the report require a majority vote? –X–Yes a No 3. Has environmental impact been assessed? Yes — No 4. Has the report been reviewed by a Commission? Yes _ No Which Commission? Planning Commission 5. Are other departments affected by the report? Yes — No Report discussed with the following affected departments: En ineerin /Public Works Division REVIEWED BY: y' Terrence L.Bel er City Manager es DeStef Deputy City Manager �- S—? CITY OF DIAMONDNDUM INTEROFFICE M TO: Honorable Mayor and City Council C VIA: Terrence L. Belanger, Manager FROM' Linda G. Magnuson, VA. Finance Director DATE: December 15, 1998 SUBJEC T: Advance and Reimbursement Agreement Number P2 R_ mm alill Advance and Reimbursement t a resolution approving 695. It is recommended that the City Council adopt enc in the amount of $34, Agreement Number P2, with the Diamond Bar Redevelopment Agency, Agree Di c wio►►; ment Agency approved Number pl in the amount of $328,120 for the purpose of rua 17, 1998, the City Council and the Diamond Bar Redevelopment the Diamond Bar On Feb �' eementNu Advance and Reimbursement Agr 10 including contingency) was awarded to engineering design contracts for various located within s to Brea awarding eng improvement engineering design services related to Economic Revitalization Area. A contract or Dewan, Lundin, and Associates for eng Limits. Canyon Road between pathfinder and the Southerly City s to discuss the possibility of Caran . � .I- +;MP of the original contract award+1,0 W stterly aontacted s de of Brea Canyon Road. Since that time, f,-I*,-a„c Therefore a RESOLUTION NO. 98 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING PAYMENT BY THE AGENCY FOR PART OF THE COST OF THE INSTALLATION AND CONSTRUCTION OF STREET IMPROVEMENTS THE CITY COUNCIL OF THE CITY OF DIAMOND BAR HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: Section 1. Pursuant to provisions of the Community Redevelopment Law (California Health and Safety Code Section 33000, et seg.), and in particular Section 33445 thereof, the Diamond Bar Redevelopment Agency (the "Agency") proposes to pay for part of the cost of the installation and construction of street improvements, including design services in connection therewith, to Brea Canyon Road between Pathfinder and the Southerly City limits (the "Street Improvements"). The cost of the Street Improvements initially will be advanced by the City and will be reimbursed by the Agency pursuant to the Advance and Reimbursement Agreement by and between the Agency and the City of Diamond Bar attached hereto as Exhibit A (the "Agreement") . Section 2. The streets described in Section 1, above, serve the residents and taxpayers of the City, including the Diamond Bar Economic Revitalization Area (the "Project Area"). The Redevelopment Plan for the Project Area and the accompanying Report to City Council document, and the City Council has determined, that the Project Area is an area in which the combination of blighting conditions is so prevalent and so substantial that it causes a reduction of and lack of proper utilization of the area to such an extent that it constitutes a serious physical and economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise or governmental action, or both, without redevelopment. The Project Area suffers from deficiencies in the traffic circulation system, including safety hazards, a lack of adequate streetscape improvements, awkward alignment, varying street widths, complicated traffic patterns and congestion. Inadequate access to the Project Area and the lack of adequate streetscaping discourages visitors for patronizing businesses in the Project Area thereby hindering economic development opportunities and contributing to the existence of depreciated and stagnant property values, impaired investments, high business vacancies, and low lease rates in the Project Area. The installation and construction of the Street Improvements will assist in ameliorating the above-described traffic circulation deficiencies and assist in the elimination of blight within the Project Area which are caused by inadequate public improvements and adverse economic conditions. The provision of the Street Improvements will encourage business patronage and. thereby assist in stimulating the revitalization of the Project Area through private sector activity in the Project Area. 59gLiQ_n_3. Due to budget constraints of the City, the cost of the Street Improvements has been allocated to the Agency, Except for the moneys advanced by the City and to be reimbursed by the Agency pursuant to the Agreement, no moneys of the City are available to pay for such costs. The budget constraints of the City prevent the City from financing the Street Improvements e issuance of b any means. Traditional methods of financing, such as t f the extraordinary al obligation bonds Y two-thirds by the City, are unavailable as a practical matter because o approval requirements of two-thirds of the electorate. ma'orit Special tarotestxes sand muay no be an vote of the electorate. Assessment financing is subject to a Y P appropriate method of financing street improvements having general benefits. forego c ion 4. The City Council hereby finds and determines that based upon is will a of benefit to ing and other information presented to the City Council: (i) the StreetP (ii) no other the Project Area and to the immediate neighborhood in which the project is located; e City; and (iii) the reasonable means of financing the Street improvements assists n theable to lelimination o bl ght ng conditions payment of funds for the Street improvements wi inside the Project Area by remedying the lack of adequate pub thlereb ic improvements, in remedying adverse ill encourage private sector investment in the Project Area and Y values, economic blighting conditions in the Project flow uch as deplease ratesr eciatand esconsistent with the Agency's and stagnant property impaired investments, high business vacancies, implementation plan adopted pursuant to Health and Safety Code Section 33490. Section 5. The Agreement attached hereto as Exhibit A is hereby approved. The Mayor is y, to execute and hereby authorized and directed, for and in the name andso rovedl with the Ciuchtadditions or changes as be deliver the Agreement in substantially the form hereby pp the City may approve, such approval to be conclusively evidenced by his execution and delivery thereof. he i n 6. The City Council hereby authorizes anthe Agreeves payment ment from anyby treve Hues of the part of the cost of the Street Improvements pursuant to g Agency lawfully available therefor. PASSED, APPROVED and ADOPTED this day of , 1998 . Wen Chang, 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 held on the day of , 1998 by the following vote: Attest: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS ABSTAIN: COUNCILMEMBERS Lynda Burgess, City Clerk MEETING DATE: TO: FROM: SUBJECT: DATE: SUMMARY: CITY COUNCIL REPORT December 15, 1998 Honorable Mayor Council AGENDA NO. and Members of the City Terrence L. Belanger, City Manager REVIEW OF DRAFT SUBDIVISION ORDINANCE December 10, 1998 A subdivision of land for the purpose of sale, lease or finance is governed by the California Subdivision Map Act. Upon incorporation the City adopted the Los Angeles County Subdivision Code to guide citizens, developers and decision makers through the process of land subdivision. A new Subdivision Code has been drafted specifically tailored for the City of Diamond Bar. The Planning commission has reviewed the Draft and recommends its adoption by the City Council. The City Council received an introduction to the Draft Subdivision Code on December 1, 1998. BACKGROUND: A subdivision is any division of land for the purpose of sale, lease or finance and is governed by the California Subdivision Map Act. Prior to the division of any property a tentative map of the proposed subdivision must be approved by the local jurisdiction. The City controls the proposed design and improvements of the subdivision and may condition its discretionary approval to include dedications, payment of in -lieu fees, and construction of public improvements. The Act distinguishes between major subdivisions, often referred to as a tract map, (five or more parcels) and minor subdivisions, also known as a parcel map (four or less parcels). In accordance with the Subdivision Map Act, the processing of a subdivision map is governed by local ordinance. The City of Diamond Bar has utilized the Los Angeles County Subdivision Code to review and process proposed maps since 1989. Map approval is generally a three step process incorporating: 1. Processing and approval of a tentative map 2. Approval of a final map 3. Recordation of the final map. The processing of a tentative map incorporates environmental, engineering and planning review prior to a noticed public hearing before the Planning Commission. The Map Act grants authority to the City to regulate and control the "design" and "improvement" of a subdivision. Design is defined as the alignment of streets, street grades, street widths, drainage, location of utilities, location of easements and right-of-ways, lot sizes and configurations, vehicular access, grading and park or other dedications. Improvement is defined as street work and utilities to be installed by the subdivider on land to be used for public or private streets and highways for the use of the lot owners and/or area traffic and drainage needs. Specific requirements contained within the Map Act which may be imposed by the City include park land, school and street dedications, fees for drainage and sewer facilities, reimbursement agreements, grading and erosion control requirements, and offsite improvements. The Planning Commission and City Council must make specific findings in its consideration of the proposed tentative map. Pursuant to Section 66474 of the Subdivision Map Act the decision making body shall deny approval of a tentative map if it makes any of the following findings: 1. The proposed map is not consistent with applicable general and specific plans. 2. The design or improvement of the proposed subdivision is not consistent with applicable general and specific plans. 3. The site is not physically suitable for the type of development. 4. The site is not physically suitable for the proposed density of development. 5. The design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6. The design of the subdivision or type of improvements is likely to cause serious public health problems. 7. The design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. 2 The Commission recommends a course of action to the City Council. Upon approval of a tentative map the subdivider proceeds to fulfill the conditions of approval within the timelimits specified. The City Council consideration of a final map is required if the final map has complied with all conditions and is in substantial conformity with the approved tentative map. The subdivision ordinance is intended to supplement, implement and work in conjunction with the Subdivision Map Act. The Articles contained within this ordinance establish our City regulations for tentative and final map processing, subdivision design and improvement requirements, lot mergers, and other aspects of land division in compliance with the Subdivision Map Act. pLANNINQ COMMISSION REVIEW: The Planning Commission conducted a public hearing review of the Draft document. The Commission recommends that the City Council adopt the Subdivision Ordinance as submitted. In the process of reviewing the Subdivision Ordinance, the Planning Commission and the staff made changes to the draft document. These changes are noted in the following manner: Planning Commission changes are shown by a bold extended typeface; staff changes are shown by a bold condensed typeface; Planning Commission deletions are shown by a strike -out with an asterisk where not accompanied by revised text; and staff deletions are shown by struck -out text. RECOMMENDATION: It is recommended that the City Council receive a presentation from staff, reopen the public hearing, receive testimony and continue the hearing to January 5, 1999. Attachments (Transmitted November 25, 1998) - Draft Subdivision Ordinance - Planning Commission Resolution No. 98-4 - Planning Commission Minutes of January 27, 1998 and February 10, 1998 jds 3 PLEASE BRING THE DRAFT SUBDIVISION ORDINANCE 0 TO THE CITY COUNCIL MEETING ON DECEMBER 15, 1998 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO, TO: Terrence L, Belanger, City Manager MEETING DATE: December 15, 1998 REPORT DATE: December 9, 1998 FROM: Bob Rose, Community Services Director TITLE: Amendment No. 1 for the Recreation Services Contract with the City of Brea SUMMARY: The City Council awarded a contract to the City of Brea on August 18, 1998 in the amount of $518,357 to provide recreation services to the Diamond Bar community. Diamond Bar staff is proposing this amendment to the contract to provide for improved services to the Diamond Bar community and flexibility in the administration and management of the contract. (continued on page 2) RECOMMENDED ACTION: It is recommended that the City Council approve Amendment No, 1 for the Recreation Services Contract and authorize the Mayor to sign the Letter of Understanding. It is further recommended that the City Council approve a contingency for the contract in the amount of $10,000 (1.9% of the total contract). LIST OF ATTACHMENTS: X Staff Report _ Resolution(s) Ordinance(s) X Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ Public Hearing Notification Bid Specifications (on file in City Clerk's office) X Other: Letter of Understanding 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? Yes X No 2. Does the report require a majority vote? X Yes No 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? Yes X No What Commission? 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: REVIEWED BY: 4Terrce L. Belan r City Manager J es DeStefano Deputy City Manager OBobose Community Services Director City Council Agenda Report Recreation Services Contract Amendment Meeting Date: December 15, 1998 Page 2 SUMMARY: (continued from page 1) Features of the proposed amendment include: 1, Addition of Brea Recreation staff assistance with the 9th Anniversary Celebration - $672 2. Addition of Brea Recreation staff assistance with the 10th Anniversary Celebration - $1,331 3. Addition of Brea Recreation staff assistance with the Rose Parade Bus Excursion - $211 4. Removal of two part-time Administrative Clerk I positions and replacement with one full-time Administrative Clerk I position - saves $115 5. Adjustment of hourly rate for Tiny Tots instructor to $8.52/hr from $9.541hr - saves $2,099 6. Clarification that the Marketing Plan shall include the labor necessary to provide ten new photographs per quarter for publication in Diamond Bar's quarterly newsletter, at no additional cost to the City of Diamond Bar (Diamond Bar will continue to provide camera, film and developing). 7. Addition of a contingency amount to the current contract that totals $10,000 and addition of the following verbiage as paragraph B.17.: "Additions/Revisions/Deletion of Program Services - Upon mutual written agreement, the City Managers from Diamond Bar and Brea may approve the addition, revision and/or deletion of recreation programs, specials events and recreation staff support assignments that do not have a financial impact that totals more than $10,000 per fiscal year." This contract amendment should not result in additional cost to the City of Diamond Bar. Items #1 thru #5 balance to a net cost of zero. Diamond Bar already provides camera, film and developing costs for item #6, and any costs added for item # 7 should be off -set with the collection of a corresponding amount of revenue. Staff believes that approval of Amendment No. 1 will result in better utilization of resources available from the existing contract and improved service to the community by making it possible to respond quickly to changes in customer demand. CITY COUNCIL REPORT MEETING DATE: December 15, 1998 T0: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Amendment No.1 for the Recreation Services Contract with the City of Brea Issue Statement There are several changes that should be made to the recreation services contract to provide additional and improved service to the residents of Diamond Bar and flexibility in the administration and management of the contract. Recommendation It is recommended that the City Council approve Amendment No, 1 for the Recreation Services contract and authorize the Mayor to sign the Letter of Understanding. It is further recommended that the City Council approve a contingency for the contract in the amount of $10,000 (1.9% of the total contract). Financial Summary The proposed contract amendment is not expected to result in any additional costs for the City of Diamond Bar. Any portion of the proposed $10,000 contingency that is utilized will be off -set by an equal amount or more of revenue. Background The City Council awarded a contract to the City of Brea on August 18, 1998 to provide services to the Diamond Bar community for the period of September 1, 1998 through August 31, 2001. The contract provides for recreation classes, youth and adult sports tiny sforothe first yearl, Summer ay of thempontactexcursions for are $518,357y with and a teen leadership program. Totalexpenditures estimated revenues of $405,046. Since the contract was approved, staff has discovered several items that need to added to the contract, others that need to be revised and some additional items that were negotiated with Brea staff that will improve the services provided for in the contract. Items that need to be added to the contract: 1. Addition of Brea Recreation staff assistance with the 91h Anniversary Celebration - $672 2. Addition of Brea Recreation staff assistance with the 10th Anniversary Celebration - $1,331 3. Addition of Brea Recreation staff assistance with the Rose Parade Bus Excursion - $211 Total Additional Costs: $2,214 City Council Staff Report Recreation Services Contract Amendment Meeting Date: December 15, 1998 Page 2 Items that need to be revised in the contract: Remove two part-time Administrative Clerk I positions and replace with one full-time Administrative Clerk I position - saves $115 Adjust hourly rate for Tiny Tots instructor to $8.52/hr from $9.54/hr - saves $2,099 Total Cost Savings $2,214 Items negotiated with Brea staff to improve services: 1. Clarification that the Marketing Plan shall include the labor necessary to provide rov tonal cost photographs to the City of per quarter for publication in Diamond Bar's quarterly newsletter, at no Diamond Bar (Diamond Bar will continue to provide camera, film and developing). 2. Add a contingency amount to the contract that totals $10,000 and add the following verbiage as "Additions/Revisions/Deletion of Program S rove the addp on mutual written paragraph 6.17.: on, ' evis on and/or agreement, the City Managers from Diamond Bar and Brea may app deletion of recreation programs, special events and recreation staff support assignments that do not have a financial impact that totals more than $10,000 per fiscal year". Discussion This contract amendment with the City of Brea as proposed be added to lt in no and revasedtin the contract balance dditional cost to the City of Diamond Bar for the current fiscal year. Items proposed to a net cost of zero, and any additional cost due to use am°the proposed mary use of�the cton9 ngency wilency l be to add be off -set by an equal amount of additional revenue. For ex plethe p special events to the recreation program that are notly includedin by each specialte�ent to off -set the these special events have costs, there is an equal amount of revenueg additional cost. An example of this is the night glow golf 2 n revenue, tournamenta net gain of $48 23at was held on � Addit ona98pec al event cost $1,763.77 to conduct, but generated $1,8 events that are being considered for the current contact year include: Proposed Special Event Expenditures Estimated Revenues Kids Play Day $338 $295 $352 $300 Holiday Bowl -a -Rama $338 $352 Boredom Busters $227 $280 Gladiator Day $327 $350 Pirates in the Park 381 Wild, Wild West Totals for these examples $1,906 $2,054 City Council Staff Report Recreation Services Contract Amendment Meeting Date: December 15, 1998 Page 3 The contingency may also be used to expand existing programs. For example, registration is now being taken for the youth basketball program. The current contract provides for 240 participants at a cost of $14,738, while generating $15,285 in revenue. The actual demand for this program is 70 more participants (310 total), generating additional revenue of $4,455 ($19,740 total). Recreation staff has negotiated with Walnut Valley Unified School District personnel for additional time in the South Point Middle School gymnasium to accommodate these additional participants. The cost to accommodate these additional participants is estimated to be $4,075 ($18,813 total). With a contingency, the flexibility to expand programs according to the demand expressed by the community is increased. Staff believes that this added flexibility will improve the service to the residents of Diamond Bar. Other programs that are growing that may be able to take advantage of the contingency include recreation classes, adult softball and the track and field meet. The new verbiage proposed in this contract amendment will allow the City Managers of Diamond Bar and Brea to mutually agree in writing to additions/revisions/deletions in the contract that do not have a financial impact that totals over $10,000 for the fiscal year. The $10,000 amount was selected because this is the current level of City Manager authority in Diamond Bar. Prepared by Bob Rose, Community Services Director RECREATION SERVICES AGREEMENT This Agreement is made and entered into thisaLhh day of August , 1998, between the CITY OF DIAMOND BAR, a Municipal Corporation (hereinafter referred to as "DIAMOND BAR") and the CITY OF BREA, a Municipal Corporation (hereinafter referred to as "BREA") (i) BREA has heretofore provided DIAMOND BAR with certain recreational services. (ii) DIAMOND BAR now desires to again retain BREA to perform such services, including advice and assistance to DIAMOND BAR, DIAMOND BAR's City Council, Parks and Recreation Commission and staff, necessary to implement a recreational program in DIAMOND BAR, for a three (3) year period. (iii) BREA represents that it is qualified to perform such services and is willing to perform such services as hereinafter set forth. NOW, THEREFORE, it is agreed by and between DIAMOND BAR and BREA as follows: Definitions: The following definitions shall apply to the following terms, except where the context of this Agreement otherwise requires: (a) Project: The Provision of recreation services described in Exhibit "A" hereto including, but -not limited -to; programs, policies, athletic programs, classes, summer day camp, tiny tots, teen programs, support of community activities and attendance at Park and Recreation Commission meetings as requested. (b) vi • Such services as are reasonably necessary to be performed by BREA City of Diamond Bar Recreation Services Agreement in order to implement the Project. .� 6 (a) BREA shall forthwith undertake to implement the Project in accordance with Exhibit "A" hereto and all in accordance with Federal, State and DIAMOND BAR statutes, regulations, ordinances and guidelines, all to the reasonable satisfaction of DIAMOND BAR. (b) BREA shall, at BREA's sole cost and expense, secure and hire such other persons as may, in the opinion of BREA, be necessary to comply with the terms of this Agreement. All such persons shall be employees of BREA, and DIAMOND BAR shall not be responsible for the payment of wages, benefits, or any other form of compensation for such persons. In the event any such other persons are retained by BREA, BREA hereby warrants that such persons shall be fully qualified to perform such services required hereunder. BREA further agrees that subcontractors retained by BREA shall be upon the consent of DIAMOND BAR. For purposes of this Agreement, the term "subcontractor" shall not include program or class instructors or sports event officials (ie., umpires and referees). 3. DIAMOND BAR agrees as follows: (a) To pay BREA for the performance of the services required herein, a maximum sum of FForW Three Thousand One Hundred Ninety Six dollars and Forty -Two cents ($43,196.4 per month, for the twelve (12) month term hereof. Beginning with the second and third years of this Agreement, said sum may be adjusted upon mutual written consent, following a review of revenues collected and the costs to BREA of recreational services. requested. Said sum shall cover the cost of all staff time and all other direct and indirect costs or fees, including the work of employees, consultants and subcontractors to BREA. Payment to BREA, by DIAMOND BAR, shall be made in accordance with the schedule set forth below. City of Diamond Bar 2 Recreation Services Agreement (b) Payments to BREA shall be made by DIAMOND BAR in accordance with invoices submitted by BREA, on a monthly basis, and such invoicesthe shall be pard within a reasonable time after said invoices are received by DIAMOND BAR. All charges shall be i accordance with BREA's proposal n P posal either with respect to hourly-rates or lump sum amounts for individual programs. (c) Additional services: Payments for additional services requested, i eq n writing by DIAMOND BAR, and not included in BREA's proposal as set forth in Exhibit "A". for additional services shall be invoiced on a monthly basis and Charges shall be pard by DIAMOND BAR within a reasonable time after said invoices are received by DIAMOND BAR (d) Purchase of Supplies: BREA shall purchase all supplies required to provide services set forth in Exhibit "A". DIAMOND BAR shall reimburse BREA for thethe cost of supplies, including sales tax, plus 22% for. overhead BREA shall invoice DIAMOND BAR for supplies on a monthly basis, and said invoice shall include back-up documentation vendor where purchase was made. When possible and economically from -BAR businesses shall be utilized as vendors. Practical, DIAMOND (e) Any and all revenues collected by BREA from recreation program�; ts shall be tendered monthly to DIAMOND BAR in accordance with administrativeP crpan policies and Procedures established by. DIAMOND BAR's City Manager, provided that BREA shall a I retain fifty percent (50°x) of all such revenues exceeding an annual total, or "revenue H n r Fiv goal", of EgjLr ($AQ5,QA6). Said revenue goal shall be effective for the first year of this Agreement, however, beginning with the second and third Agreement, said sum may be adjusted u Years of this upon mutual written consent, following a review of revenues collected and the costs to BREA of recreational services requested. eq ested. City of Diamond Bar 3 Recreation Services Agreement (a) Information and assistance as needed to provide services identified in Exhibit "A" hereto. (b) Copies of documents and other information, as available, which BREA considers necessary in order to complete the Project. (c) Such information as is generally available from DIAMOND BAR files applicable to the Project. (d) Assistance, if necessary, in obtaining information from other governmental agencies and/or private parties. However, it shall be BREA's responsibility to make all initial contact with respect to the gathering of such information. 5. Own r D of Documents: nts• All documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by BREA pursuant to this Agreement shall be considered the property of DIAMOND BAR and, upon payment for services performed by BREA, such documents and other identified materials shall be delivered to DIAMOND BAR by BREA. BREA may, however, make and retain such copies of said documents and materials as BREA may desire. 6. Term=This Agreement, or any program or service provided hereunder, may be terminated by either party upon the giving of a written "Notice of Termination" to the other party at least ninety (90) days prior to the date of termination specified in said Notice. In the event this Agreement, or any program or service provided hereunder, is so terminated, BREA shall be compensated at BREA's monthly rate as specified herein, or pro -rated program or service charges, as the case may be, pro -rated on the basis of a thirty (30) day month. In no event, however, shall BREA receive more than the maximum specified in paragraph 3(a), City of Diamond Bar 4 Recreation Services Agreement commencing work, shall sign and file with DIAMOND BAR a certification as follows: "I am aware of the provisions of Section 3700 of Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self insurance to accordance with the provisions of that Code, and .I will comp) with provisions before commencingthe 1y such performance of the work of this Agreement (b) Public Lia ility anri Prn.L r Throughout the term of this Agreement, at BREA's sole cost and expense, BREA shall keep, or cause to be kept, in full force and for the mutual benefit of DIAMOND BAR and BREA, comprehensive,effect, broad form, general Public liability and automobile insurance against claims and liabilities for personal i ' death, or n�ury, Property damage arising from BREA's activities, providing protection of at least One Million Dollars ($1,000,000.00) for bodily injury or death to any one person or for accident or occurrence and at least One Million Dollars any one ($1 ,000,000.00) for property damage. (c) general Inciran�o o All insurance required by express of this Agreement shall be carried only in responsible insurance c provision companies licensed to do business in the State of California and policies required under paragraphs 8.a name as additional insureds DIAMOND BAR, its elected o ()and (b) shall officials, officers, employees, agents and representatives. All policies shall contain language,.to the effect that: (1 waives the right of subrogation a ) the insurer against DIAMOND BAR and DIAMOND BAR's elected officials, officers, employees, agents and representatives; (2) the policies arei noncontributing with any insurance that May � � many and Y canted by DIAMOND BAR;. and (3) they cannot be cancelled or materially changed except after thirty (30) days' notice b the ins to DIAMOND BBAR with AR by certified mail. BREA shall furnish DIAMOND y fall copies of all City of Diamond Bar 6 Recreation Services Agreement such policies promptly upon receipt of therm, or certificate evidertciri the may effect for its own account insurance not required u g insurance. BREA under this Agreement. (d> pelf --Inc_ For the purpose of this Agreement, the term "insure include aself-insurance Program as "insurance" shall approved by DIAMOND BAR: 9. 1IIdemnifiratinn• (a) BREA shall defend, indemnify and save harmless DIAMOND BAR its elected and appointed officials, officers, agents and employees, from all liability, from loss, damage or injury to persons or property, including the payment by BREA of any and all legal costs and attorneys' fees, in any manner arising out of the acts and/or omissions of BRE this Agreement, including, but not limited to, all consequential dA Pursuant to damages, to the maximum extent permitted by law. (b) DIAMOND BAR shall defend, indemnify and save harmless BREA and appointed officials, officers, agents and employees, from all li its elected abi or injury to persons or proper lih' from loss, damage property, including the payment by DIAMOND BAR of any and all legal costs and attorneys' fees, in any manner arising out of the acts and/or omissions of DIAMOND BAR pursuant to this Agreement, including, .but not limited to, all consequential damages, to the maximum extent permitted by law. 10.95Agn13ent• No assignment of this Agreement or of any part or obligation of Performance hereunder shall be made, either in whole or in part, by BREA written consent of DIAMOND BAR without the prior 11. IndPt2snrinnt r-,,....._ . -� — The parties hereto agree that BREA and its employees, officers and agents are independent contractors under this Agreement and shall not be construed for any purpose to be employees of DIAMOND BAR. City of Diamond Bar 7 Recreation services Agreement 12. Gov Hing aw This Agreement shall be � governed by and construed in accordance with the laws of the State of California. 13. Att�'s Fees. In the event any legal proceeding is instituted to enforce any term of provision of the Agreement, the prevailing parry in said legal proceeding shall be entitled to recover attorneys' fees and costs from the opposing party in an amount determined by the court to be reasonable. 14. Me=t1: Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, shall be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and costs and expenses thereof shall be borne equally by the parties hereto. In the event the parties are unable to mutually agree upon the mediator to be selected hereunder, the DIAMOND BAR City Council shall select such a neutral, third party mediation service and said City Council's decision shall be final. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that referral of any such dispute or controversy, and mutual good faith efforts to resolve the same thereby, shall be conditions precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 15. Term. The effective date of this Agreement shall be September 1, 1998, and it shall remain in effect through and including August 31, 2001, unless sooner terminated. 16. Entire Aizr Wn „t. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representation by any party which is not City of Diamond Bar 8 Recreation Services Agreement party to this Agreement acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Agreement shall be valid and binding Any modification of this Agreement shall be effective only if it is in writing signed by the parties. IN WITNESS WHEREOF, the parties hereto have executed the Agreement as of the day and year first set forth above: CITY OF DIAMOND BAR Mayor ATTEST:- City Clerk CITY OF BREA Mayor ATTEST: 4LIe— - City Clerk City of Diamond Bar 9 Recreation Services Agreement Diamond Bar Recreation Services Proposal September 1, 1998 - August 31, 1999 Administration Benefits Milease Training/Memberships Contract Classes Adult Sports Youth Sports Tiny Tots Summer Day Camp Teen Excursions Teen Leadership/Training Concerts in the Park Support Staff Revenue j34zgtiw Contract Classes Adult Sports Youth Sports Tiny Tots Summer Day Camp Youth Excursions Teen Excursions Teen Leadership/Training Subtotal: 22% Overhead: Liability Insurance: Total Contract Costs: Total Revenue Projection: Exhibit "A" August 6. 1998 $149.00-31 38.421 2.198 1.714 80,100 43,117 20,166 52,173 23,843 1,371 975 1.556 $414,637 91,220 12,500 $518,357 $143,500 62,148 55,868 90,580 47,500 2,500 2,300 650 $405.046 Diamond Bar Recreation Services Proposal - September 1, 1998 - August 31, 1999 Pa,ee 2 Community Services Supervisor (FT) (Overtime 75 hrs) $49.472 _2.650 Community Services Specialist I/Contract Classes (PT Regular) (32 hrs/wk x 26 wks x $14.91/hr - 32 hrsiwk x 26 wks x $15.68/hr) 25.451 Community Services Specialist UYouth and Adult Sports (PT Regular) (35 hrs per wk x 52 wks x $15.29/hr) 27,828 Community Services Coordinator/Youth and Adult Sports (PT Regular) (20 hrs per wk x 52 wks x $10.83/hr) 11.263 Administrative Clerk I (PT Regular) (30 hrs per wk x 52 wks x $13.17/hr) 20,545 Administrative Clerk I/Front Counter Receptionist (PT Intermittent) (20 hrs per wk x 52 wks x $11.34/hr) 11,794 Total Administrative Costs: $149,003 Be is Full Time Staff PERS Medicare Flex Benefits Vacation Accrual Sick Leave Accrual Workman's Compensation Part Time Staff PERS Medicare Vacation Accrual Sick Leave Accrual Workman's Compensation Liability Insurance $3,849 744 7,404 1,928 2,311 1,796 Total Full Time Staff Benefits: $18,032 0 2,963 5,937 7,118 4,371 Total Part Time Staff Benefits: $20,389 $12,500 Total Liability Insurance: $12,500 Diamond Bar Recreation Services Proposal - September 1. 1998 - August 31, 1999 Page 3 Administration (80 miles/wk x $0.325/mile x 52 wks) $1.352 Contract Classes (25 miles/wk x $0.325/mile x 52 wks) 423 Youth and Adult Sports (25 miles/wk x $0.325/mile x 52 wks) 423 Total Mileage: $2,198 CPRS Memberships (1 at $135) $135 CPRS Conference - Santa Clara a. Registration (1 at $199) 199 b. Travel/Air Fare - San Jose 200 C. Lodging ($130/day x 3 days) 390 d. Food ($40/day x 3 days) 120 e. Parking/Car Fare 50 LERN Membership (Basic) 95 Women in Leisure Services Membership (2 at $30/each) 60 SCMAF Membership (3 at $25/each) 75 SCMAF Sports Institute ( 3 at $30/each) 90 Miscellaneous Staff Training 300 Total Training/Memberships: $1,714 Diamond Bar Recreation Services Proposal - September 1. 1998 - August 31, 1999 Page 4 Provide a variety of fee based classes and instruction for Tots. Youth. and Adults encompassing Sports, Dance. Music. Computers, Special Events, Martial Arts. Arts and Crafts. Enrichment.and Fitness. Facilities are available through the City, Homeowner's Associations. and Joint Use Agreements with Walnut Valley and Pomona Unified School Districts. Revenue Contract Classes Administration Fee $5 x 3500 participants Expenditures Contract Class Instructors $81.000 x 60% $45,000 x 70% $126,000 17,500 Total Revenue: $143,500 $48,600 31,500 Total Expenditures: $80,100 Diamond Bar Recreation Services Proposal - September 1, 1998 - August 31. 1999 Page 5 Participant Estimates: Basketball: 54 teams/648 participants Vollevball: 16 teams/ 160 participants Softball: 72 teams/ 1080 participants Adult Men's Basketball League provides three levels/divisions of competitive play. Round robin leagues are 11 weeks long consisting of one practice and ten league games. Leagues run all year round. Officials are contracted by the Recreation Department. A team trophy and individual awards are given to the first place team and the second place team receives a team trophy. Revenue 18 teams x 3 leagues x $450 team Expenditures $24,300 Total Revenue: $24,300 Senior Leader (office) 13 wks x 2 hrs/wk x 3 leagues x $8.52 hr Senior Leader (on-site/supervisory) 13 wks x 9 hrs/wk x 3 leagues x $8.52 hr Leader (scorer/timer) $665 ".991 13 wks x 9 hrs/wk x 3 leagues x $7.33 hr 2,573 Officials 8 games/wk x 13 wks x 3 leagues x 2 officials x $21/game 13,104 Total Expenditures: $19.333 Adult Coed Volleyball Coed volleyball league provides an 11 week round robin format of play consisting of one practice and ten league games. Leagues run all year round and officials are contracted by the Recreation Department. A team trophy and individual awards are given to the first place team and the second place team receives a team trophy. Diamond Bar Recreation Services Proposal - September 1, 1998 - August 31. 1999 Page 6 Coed Volleyball (cont) Revenue 6 teams x 4 leagues x $230 team $5.520 Total Revenue: S5,520 Expenditures Officials 3 matches/wk x 11 wks x 4 leagues x 1 official x $19/match $2.508 Setup/Take down 11 wks x 4 leagues x 1 official x $10/wk 440 Senior Leader (on-site/supervisory) 11 wks x 3 hrs/league x 4 leagues x $8.52/hr 1,154 Total Expenditures: $4,073 Adult Softball Leagues are available for men's teams on Wednesday nights and Sundays. Coed leagues are offered on Sundays. League play is an 11 week round robin format consisting of one practice and ten league games. Leagues run all year round utilizing contracted officials from Tri -County. A team trophy and individual awards are given to the first place team and the second place team receives a team trophy. Revenue 8 teams x 4 leagues x $399 team - Wednesday 10 teams x 4 leagues x $399 team - Sunday Total Revenue: Expenditures Senior Leader (office) 11 wks x 3 hrs/wk x 4 leagues x $8.52 hr Senior Leader (on-site field prep/supervisory) 11 wks x 11 hrs/wk x 4 leagues x $8.52 hr Leader (scorer) 11 wks x 10 hrs/wk x 4 leagues x $7.33 hr $12,768 15,960 $28,728 $1,154 4,124 3,548 Diamond Bar Recreation Services Proposal - September 1, 1998 - August 31. 1999 Page 7 Adult Softball (cont) Expenditures (cont) Officials 11 wks x 9 games x 4 leagues x $21/game $8.316 Total Expenditures: $17,113 Adult Soccer - Lorbeer Middle or Pantera Park Fall league only. League format will be one practice game and 10 league games. A team trophy and individual awards are given to first place team and the second place team receives a team trophy. Officials will be contracted by Diamond Bar Recreation staff. Revenue 8 teams x 1 league x $450 team Expenditures $3,600 Total Revenue: $3,600 Senior Leader (on-site field prep/supervisory) 11 wks x 8 hrs x $8.52 hr Officials 11 wks x 4 games x 1 league x 2 officials x $21/game $750 1,848 Total Expenditures: $2,598 Diamond Bar Recreation Services Proposal - September 1. 1998 - August 31, 1999 Page 8 Youth Sports Participant Estimates Baseball: 36 teams/432 participants Basketball: 24 teams/240 participants Soccer: 14 teams/] 40 participants Track and Field: 450 participants Youth Baseball - Paul C. Grow/Boys and Girls 4-5 years-T-ball/6-7 years Coach Pitch Designed to enhance skills and knowledge with emphasis on fundamentals, motor skills, and game situations. League goals are to build self esteem and develop basic fundamentals in a non- competitive, safe, and positive environment. League play is seven weeks with teams plaving games twice a week. Participants receive a shirt, hat, and trophy. Volunteer coaches are utilized and Recreation Department staff officiate league games. Reduced fee reflects $5.00 discount for additional child in same family. Revenue 227 participants at $64 each 15 participants at $59 each Total Revenue: Expenditures Coaches Training Senior Leader 10 hrs x $8.52 hr Sign-up Day Senior Leader 4 hrs x $8.52 hr Leader 2 staff x 4 hrs x $7.33 hr Games/Field Prep Senior Leader 5.5 hrs x 5 days x 7 wks x $8.74 hr Leader 5.5 hrs x 5 days x 7 wks x $7.3 3 hr $14,528 885 $15,413 $85 34 59 1,683 1,411 Total Expenditures: $3,272 Diamond Bar Recreation Services Proposal - September 1, 1998 - August 31, 1999 Page 9 Youth Baseball - Heritage Park/Boys and Girls 8-13 years Designed to enhance skills and knowledge with emphasis on fundamentals, motor skills, and game situations. League goals are to build self esteem and develop basic fundamentals in a non- competitive, safe, and positive environment. League play is seven weeks with teams playing games twice a week. Participants receive a shirt, hat, and trophy. Volunteer coaches are utilized and Recreation Department staff officiate league games. Reduced fee reflects $5.00 discount for additional child in same family. Revenue 180 participants x $64 10 participants x $59 each Total Revenue: Expenditures Summer Staff Training Senior Leaders 4 staff x 4 hrs x $8.52 hr Leaders 4 staff x 4 hrs x $7.33 hr Skills Day/8-11 years Senior Leader 5 hrs x $8.52 hr Leader 4 staff x 5 hrs x $7.33 hr Skills Dav/12-13 years Senior Leader 2.5 hrs x $8.52 hr Leader 2.5 hrs x $7.33 hr Draft Senior Leader 6 hrs x $8.52 hr x 2 leagues Field Preparation Senior Leader 6 hrs x 7 wks x $8.52 hr Officials Senior Leader 5hrs; x5days x7wksx$8.52hr Leader 5 hrs x 5 days x 7 wks x $7.33 hr Senior Leader 10 hrs (Saturday ) x 7 wks x $8.52 $11.520 590 $12,110 $136 118 43 - 147 21 18 51 358 1,491 1,283 597 Diamond Bar Recreation Services Proposal - September 1, 1998 - August 31. 1999 Page 10 Youth Baseball - Heritage Park/Bovs and Girls 8-13 years (cont) Expenditures (cont) Leader 10 hrs (Saturday) x 7 wks x $7.33 513 Total Expenditures: $4.776 Youth Basketball - South Point Middle School/Boys and Girls 4- 8 yrs (Maple Hill Park backup) Designed to teach fundamentals and skills and emphasize team work and fun. Ten week program with games once a week. Shirt. shorts, and trophy provided to participants. Volunteer coaches are utilized and Recreation Department staff officiate league games. Reduced fee reflects $5.00 discount for additional child in same family. Revenue 225 participants x $64 each 15 participants x $59 each Expenditures Coaches Training Senior Leader 8 hrs x $8.52 hr Skills Dav Senior Leader 5hrs x$8.52hr Leader Draft 5hrs x$7.33hr Senior Leader 4hrs x$8.52hr Total Revenue: Practices/Set-up Senior Leader Officials 12 wks x 5 days x 5 hrs/day x $8.52 hr Senior Leader 10 wks x 13 hrs x $8.52 hr Leader 10 wks x 13 hrs x $7.33 hr Scorer Worker 1O wks; x13hrs x$6.18 $14.400 885' $15,285 68 43 37 34 2,556 1,108 953 803 Total Expenditures: $5,602 Diamond Bar Recreation Services Proposal - September 1. 1998 - August 31, 1999 Page 1 l Youth Indoor Soccer - Lorbeer Middle School/Boys and Girls 4-9 years League is designed to teach and enhance soccer skills in a fun and recreational atmosphere. Eight week league format with games once a week consisting of a half hour of instruction on fundamentals followed by 45 minutes of game play coached by staff: Shirt, shorts. and trophy provided to participants. Reduced fee reflects $5.00 discount for additional child in same family. Revenue 130 participants x $64 each 10 participants x $59 each Expenditures Coaches/Staff Training Professional Trainer Senior Leader 2 staff x 6 hrs x $8.52 hr Leader 2 staff x 6 hrs x $7.33 hr Worker 2 staff x 6 hrs x $6.18 hr Skills Day/Player Draft Senior Leader 2 staff x 6 hrs x $8.52 hr Leader 2 staff x 6 hrs x $7.33 hr Worker 2 staff x 6 hrs x $6.18 hr Coaches/Officials/Scorekeeper Senior Leader 8wks x8.5hrs x$8.52hr Leader $8.320 590 Total Revenue: $8,910 3 staff x 8 wks x 8.5 hrs x $7.33 hr Worker 2 staff x 8 wks x 8.5 hrs x $6.18 hr $200 102 88 75 102 88 74 580 1,495 841 Total Expenditures: S3,645 Diamond Bar Recreation Services Proposal - September 1. 1998 - August 31. 1999 Page 12 Youth Track and Field - Diamond Bar High School/Boys and Girls 7-15 vears Provide participants with the opportunity to compete in events that include shot put: softball throw: 50. 100, 200. 400, and 800 meter run: and a team 400 meter relay. Participants have a chance to qualify for Southern California Municipal Athletic Federation (SCMAF) track and field. championships. First through fourth place ribbons are awarded. Revenue 450 participants x $7 each SGVMAA and SCMAF Championships 200 participants x $5.00 each Total Revenue: Expenditures Starter (contract) Announcer (contract) Specialist 10 hrs x $15.25 hr Senior Leader Leader 2 staff x 10 hrs x $8.52 hr 15 staff x 10 hrs x $7.33 hr SGVMAA .and SCMAF Track Meet Senior Leader 2 staff x 2 meets x 10 hrs x $8.52 hr Recreation Coordinator Leader 10 hrs x 2 meets x $10.45 hr 10 his x 2 meets x $7.33 hr SVGMAA Track Meet Fee $3.150 1.000 $4,150 $ 150 100 153 175 1,100 341 209 147 500 Total Expenditures: $2,871 - Heritage Community Center and Pantera Park/Boys and Girls 3-5 years Supervise and staff a five day a week morning and afternoon program at Heritage and a three day a week morning and two afternoons at Pantera for preschoolers. Program is designed to offer children the opportunity to gain knowledge and experience, of life, through organized recreational activities. Social, emotional, physical, and intellectual skills are emphasized. Diamond Bar Recreation Services Proposal - September 1. 1998 - August 31. 1999 Paee 13 Tiny Tots Fall Session - 12 weeks/September 8 -December 4. 1998 Revenue Heritaee 40 participants x $246 (3 days - M/W/F mornings and afternoons) $9.840 40 participants x $174 (2 days - T/Th mornings and afternoons) 6.960 Total Revenue: $16,800 Pantera 20 participants x $246 (3 days/MWF mornings and afternoons) $4.920 20 participants x $174 (2 days/MW mornings and afternoons) 3.480 Total Revenue: $8,400 Winter Break - 2 weeks/December 7-11 and December 14-18. 1998 Revenue Heritage 20 participants x $35 x 2 wks $1,400 Total Revenue: $1,400 Pantera 20 participants x 35 x 2 wks $1,400 Total Revenue: $1,400 Winter Session - 11 weeks/January 4 -March 19, 1999 Revenue Heritage. 40 participants x $231 (3 days - M/W/F mornings and afternoons) $9,240 40 participants x $154 (2 days - T/Th mornings and afternoons) 6,160 Total Revenue: $15,400 Diamond Bar Recreation Services Proposal - September 1, 1998 - August 31, 1999 Paee 14 Tiny Tots Winter Session -1 I weeks/January 4 -March 19. 1999 (cont) Pantera 20 participants x $231 (3 days/MWF mornings and afternoons) $4.620 20 participants x $154 (2 days/MW mornings and afternoons) 3.080 Total Revenue: $7,700 S ring Sessoon - 10 weeks/March 29 -June 11. 1999 Revenue 40 participants x $210 (3 days - M/W/F mornings and afternoons) $8.400 40 participants x $140 (2 days - T/Th mornings and afternoons) 5.600 Total Revenue: $14,000 Pantera 20 participants x $210 (3 days/MWF mornings and afternoons) $4.200 20 participants x $140 (2 days/MW mornings and afternoons) 2,800 Total Revenue: $7,000 Summer Session - 9 weeks/June 21 -August 20. 1999 Revenue Heritaee 40 participants x $182 (3 days - M/W/F mornings and afternoons) $7.280 40 participants x $126 (2 days - T/Th mornings and afternoons) 5,040 Total Revenue: $12,320 Pantera 20 participants x $182 (3 days/MWF mornings and afternoons) $3.640 20 participants x $126 (2 days/MW mornings and afternoons) 2,520 Total Revenue: $6,160 Diamond Bar Recreation Services Proposal - September 1, 1998 - August 31, 1999 Page 15 Tiny Tots - (cont) Expenditures CS Specialist - Administrative 6 hrs/wk x $14.54 hr x 52 wks Senior Leader 30 hrs/wk x $9.54 hr x 49 wks Leader 2 staff x 19 hrs/wk x $7.69 hr x 49 wks CS Specialist - Administrative 6 hrs/wk x $14.54/hr x 52 wks Senior Leader 19 hrsiwk x $8.52 hr x 49 wks Leader 19 hrs/wk x $7.33 hr x 49 wks Total Expenditures: Total Expenditures: $4.537 14.024 14.319 $32,880 $4,537 7,932 6,824 $19,293 Summer Damn - Sycamore Canyon Park/Boys and Girls 6-12 years Program is designed to involve children in a fun. active., educational, and safe environment. Options are available for attendance with two alternative daily time schedules and payment opportunities. Weekly community trips and excursions, to major amusement parks, are offered once a week. Revenue Extended Day 15 children x 10 wks x $109 each Regular Day 35 children x 10 wks x $89 each Total Revenue: Expenditures Program Set-up Coordinator 80 hrs x $10.83 hr $16,350 31,150 $47,500 $866 Diamond Bar Recreation Services Proposal - September 1. 1998 - August 31. 1999 Page 16 DayCamo (cont) Expenditures (cont) Camp Set-up Coordinator 6.304 3 hrs x $10.83 hr Senior Leader 33 2 staff x 3 hrs x $8.52 hr 50 Leader 70 2 staff x 3 hrs x $7.33 hr 44 Worker 3 hrs x $6.04 hr 18 Camp Staff Coordinator 102 43 hrs/wk x 10 wks x $10.83 hr 4,657 Senior Leader 88 2 staff x 43 hrs/wk x 10 wks x $8.52 hr 7,327 Leader 36 2 staff x 43 hrs/wk x 10 wks x $7.33 hr 6.304 Worker 2 staff x28 hrs/wk x 10 wks x $6.04 hr 3.382 Lifeguard/beach trip 10 hrs x $7.02 hr 70 Camp/Tear Down Coordinator 6 hrs x $10.83 hr 65 Senior Leader 2 staff x 6 hrs x $8.52 hr 102 Leader 2 staff x 6 hrs x $7.33 hr 88 Worker 6 hrs x $6.04 hr 36 First Aid/CPR Training 800 Total Expenditures: $23,843 Y outh Excursions Youth excursions will be incorporated into the Summer Day Camp program utilizing summer day camp staff to reduce costs. These trips will be open to the public and will be taken once per week to major amusement sites such as Disneyland, Wild Rivers, Universal Studios, Magic Mountain, etc. Staff costs for youth excursions are included in day camp expenditures. Revenue 10 participants x 10 excursions x $25 each $2.500 Total Revenue: $2,500 Diamond Bar Recreation Services Proposal - September 1, 1998 - August 31, 1999 Page 17 Participant Estimates: Excursions: 210 Leadership TrainingNolunteer: 10-15 Teen Excursion/Movie Nights - Sycamore Canvon Park Program to present opportunity for teens of community to get together for recreational activities and fun. Day camp staff will be utilized to run program. Revenue 35 participants x 2 movie nights x $5/each Expenditures Senior Leader 2 staff x 2 nights x 2 hrs x $8.52 hr Leader 2 staff x 2 nights x 2 hrs x $7.33 $350 Total Revenue: $350 $68 59 Total Expenditures: $127 Teen Excursion/M a nature Golf - Speed Zone,Puente Hills Revenue 40 participants x $10 each Expenditures Miniature Golf 40 participants x $6 Senior Leader 2 staff x 2 hrs x $8.52 hr Leader 2 leaders x 2 hrs x $7.33 hr $400 Total Revenue: $400 $240 34 29 Total Expenditures: $303 Diamond Bar Recreation Services Proposal - September 1. 1998 - August 31. 1999 Pase 18 Teen Excursion/Swim Party - Brea Plunge Revenue 25 participants x $10 each Expenditures Senior Leader 2 staff x 2 hrs x $8.52 hr Leader 2 staff x 2 hrs x $7.33 hr Assistant Pool Manager 2 hrs x $10.98 hr Lifeguard 2 staff x 2 hrs x $7.02 hr $250 Total Revenue: $250 $34 29 III 28 Total Expenditures: $113 Teen Excursion/Beach Bonfire - Huntington Beach Revenue 30 participants x $10 each Expenditures Coordinator 4 hrs x $10.83 hr Senior Leader 2 staff x 4 hrs x $8.52 hr Leader 4hrs x$7.33hr $300 Total Revenue: $300 $43 M.- 29 Total Expenditures: $140 Diamond Bar Recreation Services Proposal - September 1, 1998 - August 31. 1999 Page 19 Teen Overnite CamF2M - Sycamore Canyon Park Revenue 50 participants x $20 each Expenditures Coordinator 16hrs x$10.83 Senior Leader 2 staff x 16 hrs x $8.52 hr Leader 2 staff x 16 hrs x $7.33 hr $1.000 Total Revenue: $1,000 $173 273 235 Total Expenditures: $681 Leadership TrainingNolunteen Program - 13-15 years/support summer programs Pilot leadership training program for boys and girls ages 13 through 15 interested in receiving work experience and training in recreation. Volunteens will be assigned as aides to summer day camp ( maximum of 5), youth baseball ( maximum of 5). tiny tots (maximum of 2). and concerts in the park ( maximum of 2) programs. Total number of volunteens in program could range from 10-15. Revenue Raffle at Anniversary Celebration Ride Operation at Anniversary Celebration Expenditures Recreation Coordinator (program set up) 40 hrs x $10.83 hr Recreation Coordinator (on-site supervisory) 5 hrs/wk x 10 wks x $10.83 hr $ 350 300 Total Revenue: $650 $433 542 Total Expenditures: $975 Diamond Bar Recreation Services Proposal - September 1, 1998 - August 31, 1999 Page 20 Concerts in the Park Support S.talff - Sycamore Canyon Park Support staff provided to assist in set up and tear down of site.. Staff provides customer service. monitors parking and concert areas, hands out flyers, and crowd control. Expenditures Program Set-up/Tear Down Senior Leader 2 staff x 1 hr x 9 concerts x $8.52 hr $154 Concert Staff Senior Leader 3 staff 4 hrs x 9 concerts x $8.52 hr 920 Leader 4 hrs x 9 concerts x $7.33 hr 264 Worker 4 hrs x 9 concerts x $6.04 hr 218 Total Expenditures: $1,556 Tenth Anniversary Birthday Celebration Recreation Supervisor will be on celebration committee. A separate decision package will be submitted when staffing needs are determined. Marketing Plan Among the many opportunities to market and promote the Recreation Contract Programs, the following resources will be utilized to gain the optimum participation from the community: • Quarterly promotion through City of Diamond Bar newsletter. • News releases to local newspapers including the San Gabriel Valley Tribune, Highland, Diamond Bar 91765 and 91789, Windmill, Los Angeles Times. Inland Valley Bulletin, community PTSA newsletter. • Flyer and brochure distribution through Pomona Valley School District, Walnut Valley School District, private schools, local businesses, service clubs, Chamber of Commerce, Home Owner's Associations, and Los Angeles County Library. • Direct mail to past participants of programs and current interest lists. • Community service announcements through Century Cable. • Distribution of program information at all special events. • Program information packets distributed through Chamber of Commerce businesses targeting larger employee populations. • Promote programs and services at local colleges, job fairs, community relations activities, etc. • Promotional information included with registration receipt mailings. Diamond Bar Recreation Services Equipment/Supplies List - September 1, 1998 - August 31. 1999 Pie 21 City of Diamond Bar Budget 1998-1999 Equipment/Supplies List Adult Basketball - 54 Teams Basketballs - 3 @ $80 $240 First aid 40 Awards - 12 @ $8.75 x 3 divisions x 3 leagues 945 Trophies - 6 a $15 x 3 leagues 270 SCMAF team registration - 48 @ $7 336 Staff shirts - 2 @ $10 20 Staff sweatshirts - 2 @ $12 24 Subtotal: $1,875 Adult Coed Volleyball --24 Teams $814 Volleyballs - 2 @ $50 $100 First aid 40 Awards - 12 @ $8.75 x 4 leagues 420 Trophies - 2 @$15 x 4 leagues 120 SCMAF team registration - 16 @ $7 112 Staff shirt - 1 @ $10 10 Staff sweatshirt - I @ $12 12 Subtotal: $814 Adult Softball - 72 Teams 40 Softballs - 10'@ $4.50 x 44 weeks $1,980 Awards - 16 @ $8.75 x 5 divisions x 4 leagues 2,800 Bases 420 Chalk - 32 bags x $5.50/bag 176 Trophies - 6 @ $15 x 4 leagues 360 First aid 40 SCMAF team registration - 72 (a, $7 504 Staff shirts - 2 @ $10 20 Staff sweatshirts - 2 @ $12 24 Subtotal: $6,324 Soccer balls - 2 @ $30 $60 First aid 40 Awards - 18 @ $8.75 x 1 league 158 Trophies - 2 @ $15 30 SCMAF team registration - 8 @ $7 56 Staff shirt - 1 @ $10 10 Staff Sweatshirt - 1 @ $12 12 Subtotal: $366 Adult Sports Total: $9,379 Diamond Bar Recreation Services Equipment/Supplies List - September 1, 1998 - August 31. 1999 Page 22 Youth Baseball/Paul C• Grow - 242 Participants $98 Baseballs - 19 dozen @ $25 $475 Shirts - 308 @ $6 1.848 Hats - 368 @. $5.75 2.116 Equipment - (bats. bags, pvc piping) 600 Chalk - 18 bags x $5.50/bag 99 First aid 50 Trophies - 264 (a, $3.50. 44 (a) $5.25 1.155 Fingerprinting - 34 (_a). $35 1.190 Staff shirts - 10 @ $10 100 Staff sweatshirts - 7 at $12 84 Subtotal: $7,717 Youth Baseball/Heritage Park - 190 Participants $98 Baseballs - 25 dozen @ $31 $775 Shirts - 308 @ $6.25 1.925 Hats - 368 @ $5.75 2.116 Equipment - (bats, bags, catcher's. equipment) 600 Chalk - 22 bags x $5.50/bag 121 First aid 50 Trophies - 204 @ $3.50.44 @. $5.25 945 Fingerprinting - 38 @ $35 x 1330 Subtotal: $7,862 Youth Basketball - 240 Participants Basketballs - 15 (& $5.25 $79 Shirts - 240 (a $6 1,440 Shorts - 240 @. $6.25 1.500 Trophies - 240 (a-$31.50. 48 @ $5.75 1,116 Equipment 210 Portable hoops - 2 3,000 First aid 40 Fingerprinting 48 (a' $35 1,680 Staff shirts - 3 @ $10 30 Staff sweatshirts - 3 @ $12 36 Subtotal: $9,131 Soccer balls - 4 @ $24.50 $98 Mini soccer goals (one time start up cost) 600 Shirts - 140 @ $6 840 Shorts - 140 @ $5 700 Trophies - 140 @ $4 560 First aid 40 Equipment 100 Staff shirts - 6 @ $10 60 Staff sweatshirts - 6 @ $12 36 Subtotal: $3,034 Diamond Bar Recreation Services Equipment/Supplies List - September 1. 1998 - August 31. 1999 lie 23 Youth Track and Field Meet - 400 Participants Ribbons - 180 x 2 Ord and 4`" place) x $0.30 $108 Ribbons - 500 participant x $0.30 150 Medals - 180 (1 "-2'd place) x 2 x $1.75 630 Misc Equipment 100 Staff shirts - 10 @ $10 100 Sound equipment rental 500 Subtotal: $1,588 Youth Sports Total: $29.332 Tiny Jots Equipment/Supplies Equipment 2.400 Supplies - $560/session x 4 sessions 4,480 Supplies - $280/holiday workshop x 2 workshops x 2 1,120 Tinv Tot Total: $8,000 Arts/Crafts Supplies $1,700 Durable Equipment 750 Consumable Supplies 750 Staff Training 250 Water Cooler/Water 400 Staff shirts - 18 @ $10 180 Staff sweatshirts - 6 @ $12 75 Transportation (bus for excursions) 5,000 Admissions to major and minor excursions 12,000 Day Camp Total: $21,105 Teen Excursions Consumables $420 Teen Excursions Total: $420 Volunteen Consumables/Stipends Consumables $500 60 hrs x # volunteens = $55 each 90 hrs x # volunteens = $80 each 120 hrs x # volunteens = $100 each Maximum 15 x $100 1500 Volunteen Total: $2,000 Diamond Bar Recreation Services Equipment/Supplies List - September 1. 1998 - August 31. 1999 Page 24 Office Equipment/Supplies Computer (P200 mid tower. 32 MB RAM. 1.44 floppy $2.000 drive. mouse w/pad-3 button. 15" SVGA monitor. 2.1 GB hard drive. CD Rom. internal tape backup. internal fax modem )3.6. enhanced keyboard) Windows `95 or higher 150 Microsoft Office for Windows `95 500 HP Fax ink cartridges 300 Miscellenous 500 Office Equipment/Supplies Total: $3,450 Miscellaneous Easy ups - 2 x $500/ea (for use at day camp. track meet, adult softball) $1,000 Total: $1,000 Diamond Bar Recreation Services Decision Package - September 1. 1998 -August 31. 1999 FAMILY NIGHT ON THE FAIRWAYS -Diamond Bar Golf Course/8 years and older This event will be held in conjunction with the City of Yorba Linda. The expenditures will be split between the two cities and dependent upon the percent of participants from each city (ie: 60% of the participants from Diamond Bar equals 60% of the expenditures we will be responsible for.) . The decision packet is based on the assumption that 50% of the participants will be from Diamond Bar. BROCHURE DESCRIPTION: "Looking for something fun and different to do as a family or foursome? We have the event for you! Nine holes of golf in the DARK. Yes, the dark! With special glow in the dark golf balls (provided for you) and fairways lined with light sticks, even the non -golfer will have fun. For the more experienced golf fanatic, we will also be hosting a `closest to the pin' competition. Prizes will be awarded. This will be a shot gun start and the event should not exceed 3 hours. You must pre -register by Friday, October 161. No registration will be taken on the day of the event. All participants under age 18 MUST have a parent or guardian enrolled in the program with them. Carts will be provided. Space is limited so register early". LOCATION: Diamond Bar Golf Course 8 -Adult Friday October 23 7:00 - 10:00 PM $25/person REVENUE: Maximum 24 participants X $25.00 = $600.00 EXPENDIT Staff: (1 Coordinator& 1 Leader) $108.96 $7.33 X 6 hours = $43.98 $10.83 X 6 hours = $64.98 Green Fees: $14.50 X 24. participants = $348.00 Glow Balls: $6.00 X 48 (2 per participant)= $288.00 Light Sticks: $2.50 X 50 = $125.00 Awards: $10.00 X 6 = $ 60.00 Staff Expenditure: $ 108.96 Equipment Expenditure: $ 821.00 Expenditure Sub -Total: S 929.96 Contract 22%: $ 204.59 Expenditure Total: $1,134.55 Revenue: S 600.00 *Donation: S 534.55 Totals: $ 0.00 *NOTE. As of August 12, 1998, $200.00 in donation has already been received Diamond Bar Recreation Services Decision Package - September 1, 1998 -August 31. 1999 Two busses to Rose Parade. Two volunteers will be needed to support staff and two tables and a coffee warmer provided at City Hall. Revenue 94 participants x $55 each Expenditures Senior Leader 2 staff x 9 hrs x $8.58 Consumables $5,170 Total Revenue: $5,170 $155 100 Subtotal: $255 22% Overhead: 56 Total Expenditures: $311 Diamond Bar Recreation Services Decision Package - September 1, 1998 -August 31, 1999 Kids Play Days - boys and girls 3-5 years Program format 9:30 am -2:30 pm. Children make crafts, socialize with friends, play games and activities. and have lunch while parent has a day off. Revenue 22 participants x $16 Expenditures Promotion/Flyers/Marketing Specialist $14.54 hr x 4 hrs Staff Specialist $14.54 hr x 2 hrs Senior Leader $8.36 hr x 7 hrs Leader $7.35 hr x 7 hrs Supplies Total Revenue: Subtotal: 22% Overhead: Total Expenditures:. $352 $352 $58 29 59 51 80 $277 -61 $338 Diamond Bar Recreation Services Decision Package - September 1, 1998 -August 31. 1999 Boredom Busters - boys and girls 7-11 years Program format 9:30 am -2:30 pm. Children make crafts, socialize with friends. play games and activities. and have lunch while parent has a day off. Revenue 22 participants x $16 Expenditures Promotion/Flyers/Marketing Specialist $14.54 hr x 4 firs Staff Specialist $14.54 hr x 2 hrs Senior Leader $8.36 hr x 7 hrs Leader $7.35 hr x 7 hrs Supplies $352 Total Revenue: $352 $58 29 59 51 80 Subtotal: $277 22% Overhead: 61 Total Expenditures: $338 Diamond Bar Recreation Services Decision Package - September 1, 1998 -August 31, 1999 Breakfast with Santa Revenue 75 adults @ $10/each $750 75 children @ $8/each 600 Total Revenue: $1,350 Expenditures Senior Leader 208 6 hrs x $8,36 hr $50 1''6386 L Q F*ia sc X8-3@ Frz X20 Zaxnoi i-asgsz Exbsuq!jnccz Expenditures Senior Leader 6 hrs x $8.36 hr $50 Leader 6hrs x$7.35hr 44 Specialist 15 hrs x $13.84 hr 208 Table decorations (one time cost) 150 Breakfast 80 participants x $7 each 560 Santa Visit 50 Total Expenditures: S1,062 22% Overhead: 234 Grand Total: $1,296 Diamond Bar Recreation Services Decision Package - September 1, 1998 -August 31. 1999 Name of Activity: Pirates in the Park Location of Activity: Sycamore Canyon Park Date of Activity: April 15. 1998 Time and Duration: 2:00 pm -4:00 pm/2 hr. (plus 1 112 hrs. set-up) Ages of Participants: 6-10 yrs. old Fee: $5/1 meeting min./max.: 20-70 participants Description: This an activity that would provide kids from the community with an opportunity to be involved in an adventure filled with games and fun. There will be a treasure hunt where kids attempt to find the hidden treasure through the use of clues made by staff. There will be a water balloon fight & a slip n' slide. "Capture the Flag" and "Quick Draw" are also some of the activities to be conducted. Certificates will be handed out to 1 st, 2nd, and 3rd places. Revenue 70 participants x $5 $350 Expenditures: Staffing Costs: Sr. ldr @, 8.58 x 6 hrs. $51 (Yorba Linda for equipment pick-up and return, Purchase time for supplies) 2 ldrs @ 7.35 x 4 hrs. $59 2 workers @ 5.94 x 4 hrs $48 Staff expenditures: $158 Supply Needs/Costs: Slip n' Slide (borrow) cardboard (borrow) boxes for capture the flag (borrow) water guns (borrow or purchase) $40 walkie talkies (borrow) 2 shovels (borrow) 2 bags of gold covered rocks (borrow or make) hammers/nails maps -to treasure (staff) dye for quick draw (purchase) $40 sand bags (borrow) H2O balloons (purchase) $30 Supply Expenditures $110 Subtotal' $268 + 22% overhead: $59 Total Cost of Program: $327 Diamond Bar Recreation Services Decision Package - September 1. 1998 -August 31. 1999 Name of Activity: Gladiator Night/Day Location of Activity: Heritage Park/Sycamore Canyon Park Date of Activity: Easter Break/Christmas Vacation Time/Duration: 4 hrs. (I hr. set up time) Ages of Participants: 7-12 yrs. of age Fee: $7/1 meeting min./max.: 40 min. Description: Event to be held during Easter break or Christmas vacation. Kids participate in a variety of activities. Such activities include a jousting competition, an obstacle course (called the eliminator), a chicken fight, power ball, the Gauntlet, and Dog Bone. All activities give the participants the chance to compete against other kids and staff in a friendly competition. Revenue 40 participants x $7 $280 Expenditures: Staffing Costs: spclst @ $14.54 x 6 hrs $87 sr. ldr. @ $8.58 x 6 hrs $ 5 1 (equipment pick-up and return) 2 wrkrs @ $5.94 x 4 hrs $48 Staff expenditures $186 Supply needs/costs: gymnastics mats (borrow) stage props triangles (borrow) tennis balls towels 2 joust poles (borrow or make) cones 2 milk crates bat stop watches/score clock (borrow) bull horn (borrow) Supplies expenditures $0 Subtotal $186 +22% overhead $41 Total Cost of Program $227 Diamond Bar Recreation Services Decision Package - September 1, 1998 -August 31 1999 Name of Activity: Wild Wild West Location of Activity: Svcamore Canyon Park Date of Activity: Summer of 1998 Time/Duration: 12:00 pm -3:00 pm/5 hrs. (2 hrs. set-up time) Ages of Participants: 7-12 yrs. of age Fee: $7/1 meeting min./max.: 20-60 participants Description: A 3 hr. summer activity for kids involving a variety of activities. Kids would- participate in various games such as a treasure hunt, 2 shovels (borrow) water pistol and balloon fight, a quick draw competition, and capture the flag. The treasure hunt gives kids a challenge to search for the hidden treasure through the use of clues (staff makes). H2O balloons Capture the flag involves two teams on opposite ends competing to $40 capture a flag. Water pistols are used to eliminate participants from each team. The quick draw competition will be held in sand bags (borrow) tournament fashion where kids attempt to shoot their competitor before being shot (dye is used in the water pistols). Certificates (borrow or make) will be handed out to 1 st, 2nd, and 3rd place. Revenue supply expenditures 60 participants x S7 $420 Expenditures: Staffing Cost: sr.ldr @8.58 x 8 hrs $69 (Yorbal Linda for equip. pick-up and return, set-up time) 2 ldrs, 7.35 x 5 hrs $74 2 wrkrs @ 5.94 x 5 hrs $59 Staff expenditures $202 Supply needs/cost: slip n' slide (borrow) water pistols' $40 walkie talkies (borrow) 2 shovels (borrow) hammers/nails H2O balloons $40 Dve for quick draw $30 sand bags (borrow) 2 bags of gold covered rocks (borrow or make) supply expenditures $110 Subtotal $212 +22 % overhead $69 Total Cost of Program: $381 Diamond Bar Recreation Services Decision Package - September 1, 1998 -August 31, 1999 Name of Activity: Tri -city Basketball Tournament Location of Activity: Brea Community Center/Yorba Linda Gymnasium, Diamond Bar HS Date of Activity: To Be Determined Time/Duration: l or 2 day tournament Ages of Participants: 16+ Fee: per team/to be determined min./max.: To Be Determined Description: The proposal for this special event is not complete. Tournament will only be open to teams involved with the Cities of Diamond Bar, Brea, or Yorba Linda. Tournament classifications will include D. D+, and C levels of competition. Teams will be guaranteed two games and individual awards will be given to 1 st and 2nd place teams in each division. Currently in initial stages of planning. Once tournament site is determined, the min/max number of teams, team fees, staffing and supply expenditures can be determined. 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V/fM V►NK W.MMNNMN -- U U M M n of u) M M M M M f f O O O ( 0 0 0 0 0 0 0 0 0 0 O m �p f N O O n O Op N n n n n S 0 O In O m Qf OI f 0) Q! In ar f f f M M N r r �- tr 0: LU a LLaaaaaaaaaaaaaaa c c EL a a �o Zyp� Zyp► pl r Q V 10 l0 E LJ U C CI C 4� WZZC1'z21 ,2 U h O J J U CC Np�y d O d d O O d d d V 0 7 0 {O p y y W d .O W O O mocha WJJCLWCoJJ33 n CIO O O M M CO m f n N N N N g 1 i I � I 10 1 r � N I tl C C n C dodo M r. v O r a v m P A vp N <C 41 m m 16 K U- s tq r W a a a e O d O �O OL _M S OI O1 c W rn T OD CD LL .Q U) Ix W CL 0 LD L W h r U CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. Z TO: Honorable Mayor and Members of the City Council MEETING DATE: December 15, 1998 REPORT DATE: December 9, 1998 FROM: City Manager TITLE: Extension of contract for vendor services. SUMMARY: Under current purchasing guidelines, it is necessary to seek City Council approval when awarding a vendor contracts for products/services above $10,000. Since the City of Diamond Bar previously awarded the City of Brea a contract for recreation services in the amount of $518,357.00, any additional services rendered by the City of Brea, for any purpose, must also be authorized. RECOMMENDATION: It is recommended that the City Council authorize an additional $4,800.00 to the City of Brea for information technology technical support. EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed _ Yes X No by the City Attorney? 2. Does the report require a majority 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? X Yes _ No Disruption of computer systems could affect all divisions. REVIEWED BY: N44,4�o'/ Terren L. Belan Iq City Manager DEPARTMENT HEAD: Mi e Nelso Communicat ns and Marketing Director CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO c t TO: Honorable Mayor and Council Members MEETING DATE: December 9, 1998 REPORT DATE: December 15, 1998 FROM: Terrence L. Belanger, City Manager TITLE: "Resolution No 98 A Resolution of the City Council of the City of Diamond Bar Authorizing Code Enforcement Officers of the City of Diamond Bar to Enforce City Parking Regulations" SUMMARY: The City Council has reviewed the Off -Site Parking Task Force Recommendations during a Study Session and Town Hall Meeting. The Task Force's Motion 1 was to increase the enforcement of the existing Diamond Bar Municipal Code parking violations. Staff recommended various options to increase the enforcement of the parking regulation. Based upon the City Council review of Motion One, Staff was directed to develop the necessary authorization to allow the Code Enforcement Officer to issue municipal code parking citations, develop the cost estimate to provide an overtime Los Angeles County Deputy Sheriff, on a quarterly basis, to work during the evening and night to issue traffic citation throughout the community, and to develop a volunteer Code Enforcement Officer, effort to assist in the parking enforcement. RECOMMENDATION: It is recommended that the City Council approve: (a) "Resolution No 98 A Resolution of the City Council of the City of Diamond Bar Authorizing Code Enforcement Officers of the City of Diamond Bar to Enforce City Parking Regulations" ; (b) authorize the expenditure of $830 for the remainder of the Fiscal Year for quarterly enforcement of parking citations for an overtime Deputy Sheriff; and (c) direct staff to implement a volunteer Code Enforcement Officer program to assist in the enforcement of parking regulations. LIST OF ATTACHMENTS: X Staff Report —Public Hearing Notification X Resolution(s) _ Bid Specification — Ordinance(s) _ Other: _ Agreement(s) EXTERNAL DISTRIBUTION: Los Angeles County Sheriffs Department 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 5. Are other departments affected by the report? _ X Yes _ No REVIEWED BY: J(4-t� Terrence L. C:er Imes DeStef no Kellee A. Fritzal City Manag Deputy City Manager Assistant to City Manager CITY COUNCIL REPORT MEETING DATE: December 15, 1998 Agenda No. TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manger SUBJECT: "Resolution No 98 A Resolution of the City Council of the City of Diamond Bar Authorizing Code Enforcement Officers of the City of Diamond Bar to Enforce City Parking Regulations" ISSUE STATEMENT Should the City Council increase the enforcement of parking regulations? RECOMMENDATION It is recommended that the City Council approve: (a) "Resolution No 98 A Resolution of the City Council of the City of Diamond Bar Authorizing Code Enforcement Officers of the City of Diamond Bar to Enforce City Parking Regulations"; (b) authorize the expenditure of $830 for the remainder of the Fiscal Year for quarterly enforcement of parking citations for an overtime Deputy Sheriff; and (c) direct staff to implement a volunteer program for Code Enforcement Officers to assist in the enforcement of parking regulations. FINANCIAL SUMMARY The fiscal impact of the recommendations are as follows: (a) no fiscal impact, would be added to the positions, job responsibilities; (b) The overtime expenditure of $830 would be budgeted from the State COPS revenue; (c) the estimated fiscal impact for a ten (10) member volunteer group consisting of a vehicle ($15,000), uniforms ($1,800), training($ 1, 000), for a total estimate of $17,800. It is proposed that the increase in the issuance of parking citations will offset the expenditures. BACKGROUND/DISCUSSION The City Council established an Off -Site Parking Task Force in December, 1997. The Task Force presented their recommendations to the City Council on July 21, 1998. The City Council has reviewed the motions of the Task Force at a Study Session on September 1, 1998 and Town Hall Meeting on November 7, 1998. The Task Force's Motion 1 was to increase the level of enforcement of the current City parking regulations. Staff presented the City Council with six (6) options in increasing Page Two Increased Parking Enforcement the level of enforcement. At the Town Hall Meeting the City Council directed Staff to present the City Council with three actions: prepare the necessary paperwork to authorize the classification of Code Enforcement Officer to issue parking citations; develop the fiscal impact of creating quarterly overtime positions for Sheriffs Department to enforce the parking regulations during the evening/night hours; and develop a volunteer program to assist in the parking enforcement. The attached Resolution authorizes the classification of Code Enforcement Officer to issue parking citations for violations of the Diamond Bar Municipal Code. The Resolution is for the classification of Code Enforcement Officer, part-time/full-time, volunteer or paid. The City will need to provide the necessary training to the Code Enforcement Officer to issue the citations. The citation will be the same as currently issued by the Los Angeles County Sheriffs Department. The citations will be handled in the same manner - citation issued with the required bail, Judicial Data Systems will receive the ticket, the City will provide the Administrative Review if the citation is contested (for citations issued by the City's Code Enforcement Officer), the City of La Verne would still be the Hearing Officer, and the fee is paid, and administered by the Judicial Data Systems. On the citations, it would be noted the ticket was issued by City personnel. The City Council directed staff to determine the cost of having an overtime slot for a Sheriffs Deputy to provide nighttime (midnight to 7:00 a.m.) parking regulation enforcement. The cost, for eight hours, including mileage and the liability insurance would be $415.00. There are two quarters remaining in the Fiscal Year, to provide for quarterly nighttime enforcement of the parking regulations, via a Sheriffs Deputy would be $830.00. The City Council desired to see a volunteer enforcement of parking regulations. Due to the Los Angeles County Sheriffs Department not authorizing the Community Volunteer Patrol to provide any parking enforcement, a new program would need to be formed. The City would propose an Volunteer Code Enforcement Officer Program be developed, the City would provide for a vehicle with City Logos, uniforms and the necessary training. The Volunteer Code Enforcement Officers would perform the enforcement of parking regulations on "off -hours", weekends and evenings. RESOLUTION NO 98 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING CODE ENFORCEMENT OFFICERS OF THE CITY OF DIAMOND BAR TO ENFORCE CITY PARKING REGULATIONS WHEREAS, Section 40200 of the California Vehicle Code authorizes the enforcement of local parking regulations through civil penalties and parking citations; and WHEREAS, Section 10.50.01 of the Diamond Bar Municipal Code provides that the City may authorize its officers to issue parking citations. NOW THEREFORE, BE IT RESOLVED, by the City Council of Diamond Bar as follows: Section 1. The City Council hereby finds and determines that the public health, safety and welfare will be best protected by authorizing Code Enforcement Officers of the City of Diamond Bar to enforce parking regulations of the Diamond Bar Municipal Code. Section 2. The City Council hereby authorizes any Code Enforcement Officer of the City of Diamond Bar to enforce the provisions of Chapter 10.16 of Title 10 of the Diamond Bar Municipal Code and to issue citations for violations of that Title, in accordance with California Vehicle Code Section 40200 et sea. and Title 10 of the Diamond Bar Municipal Code. PASSED, APPROVED AND ADOPTED this day of , 1998. Mayor I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution No. 98- 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 day of , 1998 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAINED: COUNCILMEMBERS: ATTEST: LYNDA BURGESS, City Clerk City of Diamond Bar CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Honorable Mayor and Members of the City Council MEETING DATE: December 15, 1998 REPORT DATE: December 10, 1998 FROM: Terrence L. Belanger, City Manager TITLE: Recommendation to Schedule on January 5, 1998, the First Reading of Ordinance No. (98) "An Ordinance of The City of Diamond Bar Establishing a Parking Permit Program." SUMMARY: At the City Council Meeting on July 21, 1998 the Final Report and Recommendations of the Off -Site Parking Task Force were forwarded to the City Council for review and discussion. This Ordinance relates to the Task Force's Motion #5 to "Consider Dispensation/Permit Program for Parking Unattached Trailers and Boats on City Streets for a Period of Twenty -Four Hours." After review of Motion 45 at the City Council Work Study Session on September 1, 1998, and at the Town Hall Meeting on November 7, 1998, staff recommends that the City Council consider this Ordinance to develop and administer Annual, Temporary, and Twenty -Four Hour Parking Permits. The three permits would meet the diverse needs of the entire residential community, including those residents who live in designated, restricted parking areas. RECOMMENDATION: It is recommended that the City Council schedule the First Reading of Ordinance No (98) "An Ordinance of the City of Diamond Bar Establishing a Parking Permit Program." LIST OF ATTACHMENTS: X Staff Report _Public Hearing Notification _ Resolution(s) _ Bid Specification _ Ordinance(s) X Other: Parking Permit Program _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed N/A _Yes —No by the City Attorney? 2. Does the report require a majority 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 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: KhV1hWht) BY: —'--fl 0,17 Terre ce elanger JVnes DeStefano City Manager Deputy City Man David Liu Deputy Director of Public Works MEETING DATE: TO: FROM: SUBJECT: ISSUE STATEMENT: CITY COUNCIL REPORT AGENDA NO. December 15, 1998 Honorable Mayor and Members of the City Council Terrence L. Belanger, City Manager Recommendation to Schedule on January 5, 1998, the First Reading of Ordinance No. (98) "An Ordinance of the City of Diamond Bar Establishing a Parking Permit Program." To meet the parking needs of the residential neighborhoods, a Parking Permit Program has been developed. RECOMMENDATION: It is recommended that the City Council of the City of Diamond Bar schedule on January 5, 1998 the First Reading of Ordinance No. _(98) "An Ordinance of the City of Diamond Bar Establishing a Parking Permit Program." FINANCIAL SUMMARY: If the Parking Permit Program is implemented, it will be necessary for the City to purchase permits and additional parking signs. Attachment "A" provides a visual idea of how the permits will be designed. If the City were to purchase 1000 of each of the three permits, the fee would be approximately $2,990. The fees for the permits will approximately be the following: Permit Tyne of Permit Cost per 1000 Annual Plastic/mirror hanger $1.35 each = $1,350 Temporary Cardstock/mirror hanger $1.00 each = $1,000 24 Hour Sticker $.64 each = $640 Total $2,990 Additional parking signs are necessary in order to identify the streets, whereas, parking is permitted with a permit. Specifically, the City would need to purchase 120 signs, which would be placed underneath the existing signs. The signs, including installation, cost approximately $50.00 each. Therefore, it would cost the City approximately $6,000 to properly identify the areas, whereas, parking is permitted with a permit. Page 2 Parking Permit Ordinance December 15, 1998 It is intended that the cost of implementing the Parking Permit Program (permits, parking signs, administrative costs) will be offset by the revenue generated from the applicant's fee for obtaining a permit. It is suggested that the application fees be the following: Annual/$15.00; Temporary/$10.00; and Twenty -Four Hour/$5.00. The Department of Community and Development Services will administer the Parking Permit Program, which will entail the sale and distribution of the permits and the recordkeeping duties. BACKGROUND/DISCUSSION: At the City Council Meeting on July 21, 1998 the Final Report and Recommendations of the Off -Site Parking Task Force were forwarded to the City Council for review and discussion. This Ordinance relates to the Task Force's Motion #5 to "Consider Dispensation/Permit Program for Parking Unattached Trailers and Boats on City Streets for a Period of Twenty -Four Hours." After review of Motion #5 at the City Council Work Study Session on September 1, 1998, and at the Town Hall Meeting on November 7, 1998, staff recommends that the City Council consider this Ordinance to administer Annual, Temporary, and Twenty -Four Hour Parking Permits. The three permits would meet the diverse needs of the entire residential community, including those residents who live in restricted parking areas. Staff has developed the attached Parking Permit Application and Guidelines (Exhibit "B"). Within the Parking Permit Application and Guidelines the following definitions and criteria are outlined for each permit: . Annual Parkin Pg ermit • Permit is for applicants who live on residential streets in specific designated areas, where parking is restricted. • The permit is for non-commercial and non -recreational vehicles. • Resident must reside at the address for which the permit is being applied. • Permit is valid for one year. • A single family residence may purchase two permits; a multi -family residence unit may purchase one permit. • Fee for an Annual Parking Permit is Fifteen Dollars ($15.00) • Permit will be of plastic material and must be affixed to the vehicle's rear-view mirror. Temporary Parking Permit Permit is for applicants who live on residential streets in specific designated areas, where parking is restricted. Applicant must either reside at the address for which the permit is being applied, or must be visiting a resident at the address for which the permit is being applied. Page 3 Parking Permit Ordinance December 15, 1998 • Permit is valid for non-commercial and non -recreational vehicles. • Permit is valid for twenty-four hours to five days. • No limit to the number of permits, which may be issued. • Fee for a Temporary Parking Permit is Ten Dollars ($10.00). • Permit will be of card -stock material and must be affixed to the vehicle's rear-view mirror. Twenty -Four Hour Parking Permit • Permit is city-wide for applicants, who intend to park an unattached trailer or boat on residential streets. • Applicant must either reside at the address for which the permit is being applied, or must be visiting a resident at the address for which the permit is being applied. • Permit is valid for a period not to exceed twenty-four hours. • No limit to the number of permits, which may be issued. • Fee for a Twenty -Four Hour Parking Permit is Five Dollars ($5.00). • Permit will be a sticker, which must be affixed to the port side of the bow (bumper). The Twenty -Four Hour Parking Permit for unattached boats and trailers will be offered city-wide to all residents. The Annual and Temporary permits will be available to individuals residing in residential areas, where parking is restricted from 7 AM- 4PM on weekdays. Specifically, residents, who live on the following streets, may apply for Annual and Temporary permits: Fallowfield Drive Pasco Court Glenwick Street Evergreen Springs Drive Lost River Drive Birch Hill Drive Cazadero Place Viento Verano Drive Broken Arrow Drive Tambo Place Fernhollow Drive Pathfinder Road It is recommended that the First Reading of the Parking Permit Ordinance be scheduled for January 5, 1998. It is intended that the Second Reading for the Parking Permit Ordinance be scheduled with the Parking Permit Fee Schedule Resolution on January 19, 1999. Therefore, staff will be authorized to implement the Parking Permit Program by March 1, 1999. Prepared by: Anne M. Haraksin Annual Parking Permit (Plastic) �I_IlI1�I0NO BARS PARKING PERMIT 0000 Month Yr. Temporary Parking Permit (Cardstock) TEMPORARY PARKING PERMIT 0000 Valid from to Issue Date: Issuer: 24 -Hour Parking Permit (Sticker) \1)�1A OND I3.AUR PARKING.PERMIT 0000 Valid on: Issue Date: Issuer: CITY OF DL4MOND BAR APPLICATION FOR PARKING PERMIT Please return to Diamond Bar City Hall, 21660 East Copley, Suite 190, with cash, check or money order for each permit (Annual/$15.00; Temporary/$10.00; 24 Hour/$5.00). The legal owner of the non-commercial, non -recreational vehicle must either reside at or be a visitor at the address shown on this form. All vehicles must have current license plates. This permit is revocable if the conditions of the application are violated. Permit (Please Check): New Renewal_ Replacement_ Name: Date: Address: Phone No.: Vehicle for Street Parking: License No. Make of Car: Year Color Type of Permit (Please Check): Annual Temporary24 Hour Reason for Requesting this Permit: (Why Vehicle can't be Parked Off Street) Statement to be Signed by Applicant: I Understand that I . All garage and driveway space should be utilized for parking before issuance of a permit. Garage uses, such as for furniture storage or recreation facilities, do not remove the duty of the citizen to provide space for the number of cars for which the garage is intended. 2. If parking space is available at a later date, I must use it. 3. If 1 change my address or sell this vehicle, this permit becomes void. 4. If the permit is granted, the vehicle must be parked within 300 feet of my address. 5. The permit fee is non-refundable, if permit is not issued. Signature of Applicant Date For City Use Only: Permit Begins On: Date Paid: Expires On: Amount $ Permit Issued By: Permit No.: PARKING PERMIT APPLICATION GUIDELINES These instructions are being provided to assist you in filling out the application form correctly, therefore, minimizing the processing time required to review your request. Incomplete or incorrect information will result in significant delays in completing the review process and will likely result in the denial of a parking permit. INSTRUCTIONS Permit - mark the appropriate box indicating whether this is a new permit, renewal of an existing permit, or a replacement of a lost or damaged permit. Applicant's Name - name of person requesting permit. Date - date application is submitted for review. Applicant's Address -residential address of person requesting permit (for an Annual Permit, the permit will be assigned to this address only). Phone No. - indicate telephone number where applicant can be reached during the day. Vehicle License No. - indicate the vehicle's license number. Vehicle Year - indicate the model year of the vehicle. Vehicle Make - indicate the manufacturer of the vehicle to be permitted. Vehicle Color - indicate the color of the vehicle to be permitted. Type Of Permit - mark the appropriate box indicating whether this is an Annual, Temporary, or Twenty -Four Hour Permit. Reason For Requesting Permit - indicate why the vehicle cannot be parked off street. Applicant's Signature/Date - the person applying for the permit must sign and date the form. NOTICE Applicant assumes responsibility for the accuracy of all information provided on the application and compliance with all parking permit requirements. Should it be determined that any information is incorrect or the permit requirements are being violated after permit(s) have been issued, the City may suspend or revoke said permit(s). Applications which have not been completely filled out will be returned to the applicant for completion prior to issuance of any permits. 2 DEFINITIONS The following definitions have been developed to help clarify the intentions of the Parking Permit. These definitions shall apply only to this policy and may not be consistent with similar definitions in other City regulations. APPLICANT The person whose name appears on the parking permit application. For an Annual Parking Permit, the applicant must be a resident of Diamond Bar, reside at the address shown on the application, be in legal possession of the vehicle(s) for which a permit is being requested, and be of legal age to operate the vehicle. For a Temporary and Twenty -Four Hour Permit, the vehicle need not be registered to a resident of Diamond Bar. APPROVED VEHICLE Any non -recreational and non-commercial currently registered vehicle. The vehicle must be in compliance with the most current California Vehicle Code requirements for operating on public streets, and have as its primary function the transportation of people from place. MULTIPLE FAMILY RESIDENCE One or more structures containing a total of two or more dwelling units on a parcel of land and which was designed for and intended for use by two or more families. NON -ACCESSIBLE PARKING SPACE Those parking areas which are designed and intended for the parking of vehicles but are not actually available for parking due to actions by the property owner/tenant. Typically these actions would include, among other things, the conversion of garage or carport space to other uses, using the parking area for storage of goods or materials, construction of walls or fences across parking areas, storage/parking of non -approved vehicles in such a manner that they block access to other vacant parking spaces. PARKING AREA Those hard surface areas including garages, carports, driveways, and parking pads whose primary design and intended use is a place for vehicles to park. PERMIT OFFICER A member of the City staff designated to coordinate the day to day activities of the program. RECREATION VEHICLE Any vehicle which is designed for and intended to be used primarily for recreational purposes, or is being used for recreational purposes, including but not limited to such vehicles as motor homes, camping trailers, boats, or any type of vehicle designed for competitive racing. SINGLE FAMILY RESIDENCE A single structure containing one dwelling unit occupying a parcel of land and which was designed for and intended to be used by one family. STORED VEHICLE Any vehicle which remains standing in one approved parking space for seventy-two (72) hours or more without any evidence of being moved and providing some benefit to the owner. 4 PERMITS TYPES OF PERMITS The Parking Permit Program has established the "Annual Permit", the "Temporary Permit", and the "Twenty -Four Hour Permit" to provide a flexible permit process which serves the unique needs of various parking situations. Anyone considering applying for a permit should review the permit descriptions below, and determine the most appropriate permit to address their specific situation. Applying for the wrong permit could result in a permit being declared null and void after it is issued. If there are any questions regarding which type of permit is appropriate for a specific situation, contact the Permit Officer, at (909) 396-5671. ANNUAL PERMIT The permit is for applicants who live on residential streets in specific designated areas, where parking is restricted. The permit does not supersede parking restrictions on street sweeping days and/or trash collection days. The annual permit is used to identify a vehicle which cannot park on private property due to a parking area which is not sufficiently large enough to meet the property owner/tenant's long term needs. This permit will be issued to the property based on the information provided on the application. The parking permit must be affixed to any approved vehicle at that address which is in compliance with all of the conditions and restrictions set forth in this manual. To apply for a permit the property owner/tenant must fill out an application and submit it along with the processing fee to the Permit Officer. The application will be evaluated for completeness and accuracy of the information provided, and those found to be acceptable will be processed. Upon completion of the processing, the permit will be mailed to the address on the application with instructions regarding the display of the permit. TEMPORARY PERMIT The permit is for applicants who live on residential streets, or for applicants who are visiting residents who live on residential streets, in specific designated areas, where parking is restricted. The permit does not supersede parking restrictions on street sweeping days and/or trash collection days. The Temporary Permit is used to identify a vehicle, which cannot park on private property due to a temporary condition which does not allow the available parking area to meet the property owner/tenant's needs. Typically, the Temporary Permit allows for use of the parking area when the applicant has visitors, as storage for construction materials, replacement of parking area hard surface, buying/selling of vehicles (transition from old to new vehicle), temporary storage of personal belongings or vehicle repairs. To apply for a permit, the property owner/tenant must fill out an application and submit it along with the processing fee to the Permit Officer. The permit application will be evaluated for completeness and accuracy of the information provided and those found to be acceptable will be processed. Upon completion of the processing, a temporary permit (24 hours to 5 days) will be given to the applicant 5 with instructions regarding the display of the permit. 24-HOUR PERMIT The parking of unattached trailers and boats is restricted citywide. Therefore, the Twenty -Four Hour Parking Permit is for applicants who wish to park an unattached trailer or boat on the public street. Typically, a Twenty -Four Hour Parking Permit allows for the loading/unloading of recreation vehicles on any public street for a period not to exceed 24 hours. The permit does not supersede parking restrictions on street sweeping days and/or trash collection days. To apply for a permit, the property owner/tenant must fill out an application and submit it along with the processing fee to the Permit Officer. The permit application will be evaluated for completeness and accuracy of the information provided and those found to be acceptable will be processed. Upon completion of the processing, a Twenty -Four Hour Parking Permit will be given to the applicant with instructions regarding the display of the permit. PERMIT PROCESS Any person of legal age to operate a motor vehicle who is a resident of the City of Diamond Bar may apply for an Annual Parking Permit. Any person of legal age to operate a motor vehicle who is either a resident of the City of Diamond Bar or who is visiting a resident of the City of Diamond Bar, may apply for a Temporary or Twenty -Four Hour Parking Permit. The applicant should evaluate the different types of permits and complete an application form for the permit which meets their specific need. The completed form along with the processing fee and any required deposit may be hand delivered Monday -Friday between the hours of 5:00 a.m. to 5:00 p.m. to the Permit Officer in the Public Works Division at the City of Diamond Bar, 21660 E. Copley Drive, Suite 190, Diamond Bar, CA 91765. All applications received will be evaluated for completeness and accuracy of the information related to the type of permit requested. Those applications not found to be complete will be rejected and the applicant informed of the reason(s) for the rejection. The applicant may submit a revised application for re-evaluation. When an application is determined to be complete, the permit(s) requested will be presented to the applicant or mailed to the address to which it has been assigned. The Annual, Temporary, and Twenty -Four Hour Parking Permits may be displayed on any vehicle at that address in accordance with the established standards for displaying the permit. Proper placement and attachment of the permit shall be the responsibility of the applicant. Failure to properly display the permit may result in a citation being issued as specified in Ordinance # , Section Should a permit be lost, stolen, damaged, or defaced during the period of time for which it was issued, the original applicant may apply for a new permit. The applicant shall verify that the information on the original application is still accurate or provide information regarding any changes rel in status. Upon paying the replacement fee the replacement application will be processed and a new permit issued. Any person found to be in possession of and using a permit which has been declared lost, stolen, damaged or defaced may be prosecuted for a misdemeanor violation as specified in Ordinance #--,Section PA2KING PERMIT C)I 1AI IFI ATION TERIA The following criteria has been established as the requirements for qualification of any individual and property desiring to obtain a parking permit to park on any public street. General I . The applicant must be of legal age to operate a motor vehicle. 2. The applicant must have a valid drivers license. 3. For an Annual Parking Permit, the applicant must reside at the address for which the permit is being applied. For a Temporary and Twenty -Four Hour Parking Permit, the applicant must either reside at the address for which the permit is being applied, or must be visiting a resident at the address for which the permit is being applied. 4. The property must be in compliance with all City Code requirements for on site parking before applying for a parking permit. These requirements include: a) All required garage parking spaces must be available for the parking of vehicles. b) All parking areas must be free of any materials or obstructions which would block access to one or more parking spaces or vehicles. C) Vehicles shall not park in a manner which obstructs access to other vacant parking spaces. 5. Only properties zoned for residential use shall be eligible for a permit. Properties zoned for residential use but occupied by some other use shall not be entitled to any permit. 7 PARKING PERMIT RESTRiI�TinNS The following restrictions have been established for the use and display of parking permits on any vehicle which is parked on any public street. 1 • The permit shall be displayed in accordance with the Permit Display Standards. 2• The permit shall only be displayed on the vehicle identified as approved during the application review process. 3. The permit shall only be displayed on a vehicle when the vehicle is within 300 feet of the property to which the permit is assigned. 4. The permit shall not be transferred to or used in conjunction with any property except the property to which it is issued. S• The permit shall not authorize the applicant or any other individual to violate any other Parking regulations adopted by any other governing body including any homeowner association, local, state or federal agency. 6• The permit shall be valid for the time period indicated on the permit unless a written notice is given by the City of Diamond Bar changing the time period. 7. The permit shall not be valid until all required fees established by the City Council have been paid. The maximum number of permits which will be issued to an address shall be as follows: a) single family residence - 2 permits b) each multi -family residence unit - 1 permit C) for temporary and 24-hour permits there is no limit to the number of permits that may be issued. However, each request will be considered separately and each request must comply with all of the permit requirements stated above. d) requests for additional permits will be evaluated to establish need prior to issuance of additional permits. 8 PERMIT DISPLAY STANDARDS The following standards have been developed to define how and where the permit must be displayed. Failure to comply with these standards could result in the issuance of a parking citation even though a property has been issued a permit and the permit may be within the vehicle. The requirements for display include: The parking permit must be continuously displayed in the vehicle while it is parked on any public street within the neighborhood to which the permit is assigned. 2. The Annual and Temporary Parking Permit shall be considered displayed when it complies with all of the following criteria: a) the permit is affixed to the rear-view mirror. b) nothing is placed in or on the vehicle which will obscure the visibility of the permit from the front side of the vehicle. C) nothing shall be done to the permit to deface or obscure the permit. The Twenty -Four Hour Parking Permit shall be considered displayed when it complies with all of the following criteria: a) the permit is located on the port side of the bow (bumper). b) nothing is placed in or on the vehicle which will obscure the visibility of the permit from the street side of the vehicle. C) nothing shall be done to the permit to deface or obscure the permit. 4. Display of a permit which has expired or been declared null and void may result in the vehicle's owner being prosecuted for a misdemeanor violation under Section of Ordinance# REVOCATION AND APPEAL PROCEDURE REVOCATION PROCESS Permits which have been issued, are subject to revocation for failure to comply with the conditions and restrictions of this policy. At such time as the Permit Officer becomes aware of a possible non- compliant condition an inspection will be conducted to evaluate the situation. Upon determination E of a non-compliance condition, a "Notice of Non -Compliance" will be sent to the permit applicant at the address listed on the application form. The notice will include the nature of the non-compliant condition(s) and will establish a date by which the condition must be corrected. After that date, a re -inspection will be conducted to determine the current status of the conditions(s). If the conditions(s) is found to still exist a "Notice of Revocation" will be issued to the applicant. This notice shall set a time and date when the permit will become null and void. Revocation shall be considered an action against the property to which the permit was issued. For a period of six months from the date of revocation no permit application received from that property will be evaluated nor will a permit be issued. After six months a new application may be submitted. The application will be evaluated based on program regulations in effect at the time of the new submittal. APPEAL PROCESS The applicant for a parking permit may appeal the decision of the Permit Officer to the City Manager or his/her Designee. Any such appeal shall be filed with the City Clerk, in writing, within ten (10) business days from the date a written decision is issued by the Permit Officer. The appeal in writing, shall be accompanied by the fee required for the filing of any such appeal which fee shall be set by the City Council by Resolution. Upon the receipt of an appeal in writing, the City Clerk shall set a hearing before the City Manager or his/her Designee. The decision of the City Manager or his/her Designee is final. HEARING BEFORE CITY MANAGER At the time and place set for the appeal hearing before the City Manager or his/her Designee, the City Manager or his/her Designee shall review the decision of the Permit Officer and shall afford the appellant a reasonable opportunity to be heard in connection therewith. Upon consideration of the evidence presented to the City Manager or his/her Designee at the hearing on the appeal, the City Manager or his/her Designee may sustain the action of the Permit Officer, modify the action or reverse the action as a result of information presented at the hearing. Upon conclusion of the appeal hearing, the City Manager or his/her Designee shall within fifteen (15) business days, issue a resolution of findings and determinations with respect to the appeal. The decision of the City Manager or his/her Designee shall be the final step in the appeal process. NOTICE OF CITY MANAGER DETERMINATION A copy of the determination of the City Manager or his/her Designee shall be mailed to the property owner, or other person in control or in charge of the permit within fifteen (15) business days of making the determination. 10 EXHIBIT "A" PARKING PERMIT FEES New annual permit application New temporary permit application New 24 hour permit application Replacement permit application Appeal process 11 $15.00 $10.00 $5.00 $5.00 $30.00 57 `_`✓ 4k 60 U w g a s iBl■ .GNERSEi Oq o o — 4: -Do, WRiw• Z EB P tiq � l �I ` L O ` o • nmU � � 1 , � v oPnc QQ- yP o QA 2 4 ap z QYB9r ` /� EAG.. N'- a F, S g 41 4• RD LN 57 � MCFMENNML �' so c �FARA 4c � O sm S4 Po s E CITY$ CAUE � 0F osbgNt SPANISH LN INDUSTRY AVv TE� � m m RC �N�O •' �Ca�S p c s a Q pJ•, 4 � WASHI hP ,.0 C1a �;�' h,� awK CREEK Q y Mc LOBOS P ? > c7 � e1a' r AMP _ 01dMiNDA{B - 57co EcouASE. ° ' p�F GR r cr s o • E r PL T ¢ :, 60 LrcA fl s - suNw J eP M a oe aF eJgNF-S § RiHAuvlpN _ ,� N t%N: ORYAKIDE % Zgax fit ` G9gh,0 r. ` 8 zC Mt) v O r PPF m EP�O-s m R' �pEWA MSER P ALBAR114eP ESi�ShAL)'CgEr_ GLiC R Of COMMERC O BIa F f N ^Rr^ A 1 qqE a N WAlNU1 fIINT KGE 9G m F oxe ' GiENWGE �'e DOdh e E 4.F4 '� A � Po� eNBERw%e COUh,. CK ^• 1 ' °dC'' 4 � Oq ,� P P -. P O Oq � NBRppK T v � , 0`P� _ �, a MAPLE f R ,hG A: � 4 � � ¢o S ) F HO � A SJP O i• C�:B PK 1e o � �' ^ •y 9 I LNN W g JR �i9 � `?A 5i GP < <' ¢ 4Q 4P1P w Opt M NTAIN' AUREL m 5,P �T c a FOREST LPNV CDve�b �' ^•nE r ' LO ANGELES m a s o m_C>Qj -E grnu ACID oq�$ 14, s, Z 9+P cC CLi=e:@ifice ��ec;�I• _ �, JN: oz Q reZ ��OP 9 �qh tP CT''p� ' F� n '• e�p' ^ 2Ko sO c''°Vv' ,�?° NE MF9F 3, 'q9 LEAF - v E DP x1m OC9 t0 NK q O �\ RP' 1� tv"� P\Cf' E TAN C,$L srn ti 1�14> ? u - . P L' W�' c P im O%AN P. ylN`N s C,1.. qC SCUF qC 0`Va�QO C C4 s ON v BUMMERTOWN$ ` Rp o c''� MpNKG P, tc P y 1 (� ' SAhC pPw eyC+.,P �OQ fl0 a0E•aa. 1. v�4 o T "F9 EF�NF.PO a ,Ne`', ¢gc w., G° �r 'Ssy mgFP=NTNG J r�:. _ c4Pn uKSIJNPP 9 $ 4 Q F9Ffr l 5�* P � ? ,1e- Eq )y ` �v e P E�vIc�4��9 �: *� fZE D5 i pp& � MIS I RD '- Pa,K I GE C � 1• F J PPTHFINDEF R .,.. • vPRE �' �oP v` � pgOV 0 9�* �/1.' 9q�F C e �� �, ` i/✓, Mp $AR E�iJ ' CUa RJN Oa '� � � gw QF iql d9 z'9 0 OJ�P?WI- £1849 `' l,� r. E 9 DR Oe - •Oq r qIN� i �37pr•_gU m Z'O MEAWI E A..- �``v0�sq PIGKFpRC GR RANCF M' G' .N D ' ¢ r0 P� p a ♦,A 4Jr EEK ALE r Ea CR n c.. 5aa 5 < f,a EC m FPIDp CAS.. �o 'FP O= to, ` Fp A. ,PP t?� $ vP wa LN MgSE LA i Lh' l�1MTAKP (N q TOR $IRIL'$T P BJP aA ANYDN OGS O o L�, � - � OC. KICP _ 1 P H G eELv� ' f5 9. m c NN LN s CRE S7Ey 9R q o1P, i .% 4` •�c� a`' g c` � _ xvc+'nEw FIRESTONE BOYSOW AFSEINA7M d' 7i1A7y/E7y Q' ^ �, pKc' � po LN Colo J. CaRC.r F'4 OV $ � $ � S� O •4' d xd `Y zvJ N WN W JB TONNEP TRUDv TOAMER DIPµONo T o "`'9c�� ` D P, Nye �P`�- p^6CSPE 2 6L N PEAK Lo CANYON °- P g ury LOS ANGELES 4 Ny� , co CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. I u: Honorable Mayor and Council Members MEETING DATE: December 8, 1998 REPORT DATE: December 15, 1998 FROM: Terrence L. Belanger, City Manager TITLE: APPROVAL OF ANIMAL CONTROL CONTRACT WITH INLAND VALLEY HUMANE SOCIETY FOR JANUARY 1, 1999 THROUGH JUNE 30, 2001 SUMMARY: Upon incorporation, the City contracted with the Pomona Valley Humane Society to provide animal control services. The Humane Society recently modified its' name to the Inland Valley Humane Society. The City, has previously amended the contract to continue the term and/or provide for cost of living increases. After a review of the contract services provided by the Humane Society and Los Angeles County Department of Animal Control Services, it is recommended that the City continue contracting services with the Inland Valley Humane Society. The attached supplement Number 6, continues the contract for thirty (30) months, an increase in the monthly billings by $402.75. The increase provides for a full-time Health Care staff which consist of a licensed veterinarian and registered veterinarian technician and a 1.2% cost of living increase for the 1997-98 year. To terminate the contract, there is a ninety (90) day notice, prior to the conclusion of the contract. RECOMMENDATION: It is recommended that the City Council approve Supplement Number 6 to Agreement for Animal Control Services and authorize the Mayor to sign the contract. LIST OF ATTACHMENTS: X Staff Report —Public Hearing Notification Resolution(s) _ Bid Specification Ordinance(s) _ Other: X Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 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? _ N/A Yes _ No 5. Are other departments affected by the report? _ Yes _ X No _ Report discussed with the following affected departments: REVIEWED BY: Q Terrence L. Bel n er ellee A. Fritzal City Manager Assistant to the City Manager CITY COUNCIL REPORT MEETING DATE: December 15, 1998 Agenda No. TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manger SUBJECT: Approval of Animal Control contract with Inland Valley Humane Society for January 1, 1999 through June 30, 2001 ISSUE STATEMENT Should the City enter into a thirty (30) month contract for animal control services with the Inland Valley Humane Society. RECOMMENDATION It is recommended that the City Council approve Supplement Number 6 to Agreement for Animal Control Services and authorize the Mayor to sign the contract. FINANCIAL SUMMARY The amended amount of the animal control services has been incorporated into the 1998-99 budget. The increase of $402.75 will be for the period of January through June, 1999 and for the Fiscal Year 1999-2000. BACKGROUND/DISCUSSION The IVHS shelter and headquarters are located at 500 Humane Way in Pomona. The Agreement automatically renews for the next year, unless a notice of intent to terminate the agreement is conveyed at least ninety (90) days prior to the June 30 expiration date. The City currently is working under the 1997-98 contract. The new proposed contract is $32,171.52 for the remainder of the 1998-99 Fiscal Year and $64,343 for the 1999-2000 Fiscal Year, which is computed as follows: ($1.00/capita ($56,700) + pro -rate service costs ($81,643) - estimated revenue ($74,000) = contract $64,343.) This is an increase from last year's contract of $59,000. As stated in Paragraph 8 of the contract the Humane Society keeps all revenues. Based upon the information provided by the IVHS, the Diamond Bar license fees from July 1997 to April 1998 totaled $118,042. This number includes a city-wide canvas for all dog licenses and a $10.00 late license penalty. Attached is an Animal Activity Report for the last five years. The report demonstrates revenue from $58,988 to $102,828. The Contract will remain at $64,343, even if the Humane Society does not collect the projected revenue of $74,000 The Humane Society does not canvas for license every year. To provide a comparison, the City has contacted the Los Angeles County Animal Control Services. The County provides Animal Control Services to the following adjacent cities: Industry, Walnut, West Covina, Covina, El Monte, Baldwin Park, Irwindale, and Rosemead. The nearest County Animal Shelter facility is located at 4275 N. Elton Drive, Baldwin Park. The County provides Animal Control Services to fifty cities and the unincorporated area. The County provides similar animal control services as those provided by IVHS. However, LACO provides yearly canvasing for dog licenses. The cost of the County service is computed on a flat rate for shelter services, with variable charges based on the number of animals sheltered and hourly fees for the personnel/trucks in the City. Similar sized cities currently served by the County annually pay from $54,000 to $74,000. The County estimates that the first year cost to Diamond Bar could be $70,000 and $60,000 in the second year. Based upon the services provided, location of the facility, the Inland Valley Humane Society provides a better quality of service for the City. The Humane Society, in the next year would like the City to update the Animal Control Ordinance to address barking and vicious dogs and increase the late payment fee from $10.00 to $20.00. SUPPLEMENT NUMBER 6 TO AGREEMENT FOR ANIMAL CONTROL SERVICES This Supplement Number 6 is entered into by and between the CITY OF DIAMOND BAR, a municipal corporation (hereinafter referred to as the "City"), and THE HUMANE SOCIETY OF POMONA VALLEY, INC., doing business as Inland Valley Humane Society, a corporation (hereinafter referred to as "Humane Society"), with respect to that certain Agreement dated May 21, 1991, relating to animal control services which are provided by the Humane Society on behalf of City (hereinafter, "the Contract"), this day of 1998: AGREEMENT The parties hereby acknowledge and agree that the Contract shall be renewed for an additional period of 30 months, commencing January 1, 1999, through and including June 30, 2001. The parties further acknowledge that under paragraph 8 (b) of the Contract, the City agrees, commencing January 1, 1999, to make monthly supplemental payments to the Humane Society in the sum of $5,361.92. Commencing July 1, 1999, and on each July 1 thereafter, the monthly supplemental payment shall be adjusted to reflect the increase, if any (but in no event more than 5% in any year), in the cost of living during the prior calendar year (January through December), as measured by the Consumer Price Index of the Bureau of Labor Statistics of the U.S. Department of Labor, for All Urban Consumers (All Items), for the Los Angeles -Riverside -Orange County, California, area (or such other corresponding area as may be Page 1 of 2 published, from time -to -time, by the Bureau of Labor Statistics for the greater Los Angeles geographic region), herein referred to as the "C.P.I." Except as expressly provided herein, all terms and conditions of the Contract remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have affixed their signatures as of the date and year first above written. ATTEST: City Clerk APPROVED AS TO FORM: City Attorney HUMANE SOCIETY OF POMONA VALLEY, INC., a California non-profit corporation By: President By: Secretary CITY OF DIAMOND BAR, a municipal corporation By: Mayor Page 2 of 2 Inland Valley Humana Society 500 Humane Way Pomona, California o1 Di dBar . ll.hCi 6 yeam iascat Year 16192 1095 10 • 1 iq4 si94 • A . 1886:.=1996: 1896 -1967 pinnae Dalk Day 2,532 2,364 2,488 2,512 2,497 0-460006 Catls = 410m : 141 117 145 157 157 .Oftf, a Tim , Hours 948 947 1,038 930 960 S1AFy QoQi 370 410 467 549 514 $+!y Calc 411 444 437 469 472 G. Miler RliNra Doffs 245 257 275 275 280 D. t3wrlhaaat Gs�. 129 89 121 109 144 ��:f1fM11ati Y�F 500 495 391 496 511 f ...mss Adep!!d = 189 182 200 165 165 C d B7 100 99 107 93 Fk 1Niso. Aidopbd 6 4 11 2 9 t ti Reidweftnred:' 164 157 195 195 186 Catslf�d':' 7 9 4 9 6 K C R�tlNflletl :' 3 0 1 1 1 RalOaa�sd 178 94 75 67 72 P. Q4e EuSfarliasp: 331 315 330 300 311 Q• Qllb Eufhlmiaed " 430 3% 402 305 319 R- M%o Eur 280 218 153 105 110 108 97 96 88 123 160 123 128 165 149 203 201 216 289 276 �% Od1K DlspoiklOn4 . - V A W Tow - V d W Tad -V W Tow 47 33 W Tt1id (1SII 24 13' 24' 1 i "' .. wA N/A wa 44 82 Grlty 76 76 93 75 105 � W 306 303 350 271 325 :::: 64 732 3 907 5,906 4,316 3,978 ::: S 94,115.00 59,445.00 102, 827.50 S 61,898.001 S 58.988.00 wo "'VWWMons: Lreaeh Law, Bafklno, lea *- Btft: SOW ()Uww w of Los AnqmNs Cou v Ar*nW@ - oc"w 1, this SUPPLEMENT NUMBER 6 TO AGREEMENT FOR ANIMAL CONTROL SERVICES This Supplement Number 6 is entered into by and between the CITY OF DIAMOND BAR, a municipal corporation (hereinafter referred to as the "City"), and THE HUMANE SOCIETY OF POMONA VALLEY, INC.,. doing business as Inland Valley Humane Society, a corporation (hereinafter referred to as "Humane Society"), with respect to that certain Agreement dated May 21, 1991, relating to animal control services which are provided by the Humane Society on behalf of City (hereinafter, "the Contract"), this day of '1998: AGREEMENT The parties hereby acknowledge and agree that the Contract shall be renewed for an additional period of 30 months, commencing January 1, 1999, through and including June 30, 2001. The parties further acknowledge that under paragraph 8 (b) of the Contract, the City agrees, commencing January 1, 1999, to make monthly supplemental payments to the Humane Society in the sum of $5,361.92. Commencing July 1, 1999, and on each July 1 thereafter, the monthly supplemental payment shall be adjusted to reflect the increase, if any (but in no event more than 5% in any year), in the cost of living during the prior calendar year (January through December), as measured by the Consumer Price Index of the Bureau of Labor Statistics of the U.S. Department of Labor, for All Urban Consumers (All Items), for the Los Angeles -Riverside -Orange County, California, area (or such other corresponding area as may be Page 1 of 2 published, from time -to -time, by the Bureau of Labor Statistics for the greater Los Angeles geographic region), herein referred to as the "C.P.I." Except as expressly provided herein, all terms and conditions of the Contract remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have affixed their signatures as of the date and year first above written. ATTEST: City Clerk PROVED A TO FORM: 'Q,LAL City Attorn HUMANE SOCIETY OF POMONA VALLEY, INC., a California non-profit corporation By: President By: Secretary CITY OF DIAMOND BAR, a municipal corporation a Page 2 of 2 Mayor CITY OF DIAMOND BAR AGENDA REPORT AGENDA N0. TO: Honorable Mayor and Members of the City Council MEETING DATE: December 15,1998 REPORT DATE: December 9,1998 FROM: Terrence L Belanger, City Manager TITLE: Consideration of a Policy to Install Vending Machines in the City of Diamond Bar's Parks. SUMMARY: A recommendation for a policy to install vending machines in the City's parks was approved by the Parks and Recreation Commission on May 22, 1997. On October 22, 1998, the current Parks and Recreation Commission reaffirmed the vote of the prior Commission. The installation of vending machines in the City's parks would generate revenue in the amount of approximately Ten Thousand Dollars ($10,000) a year for the parks system. With the approval of a policy to install vending machines in the City's parks, staff will be authorized to release a Request for Proposals (R.F.P.) to solicit vending machine providers. Prior to any vending machines being installed in the City's parks, a contract with the proposed provider will require City Council approval. RECOMMENDATION: It is recommended by the Parks and Recreation Commission and staff that the City Council of the City of Diamond Bar approve a policy to install vending machines in the City's Parks. It is further recommended that any revenue generated by these machines be utilized to offset parks maintenance and operations costs. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification —Resolution(s) _ Bid Specification Ordinance(s) X Other: Parks and Recreation- - Agreement(s) Minutes for 5/22/97 and 10122198 EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed NIA _ Yes _ No by the City Attorney? 2. Does the report require a majority vote? X Yes _ No 3. Has environmental impact been assessed? NIA _ 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? _ Yes X No Report discussed with the following affected departments: REVIEWED BY: 1 Terence L. Belang City Manager AA f ames DeStefan Deputy City Manager r Bob Rose Director of Community Services inland Valley Humane Satiety 500 Humane Way Pomona, Calitomla Ciht_of: awd:Bw. :AMfnId.:Acti4 tY RM 2,532 141 948 37__ 41__� 24__ 12.�- 500 18�._ 87 164 �e 178 331s 430 280 1�_ 06 160 203 1 ice. 2,364 947 41__ 444 23759 — 4---- 95 182 100 157 0 94 315 394 218 97 123 201 Oma t0M1 2,488 145 1,038 467 4__ 37 275 121 391 200 99 195 1 75 330 402 153 96 128 216 NaWTOW IB'- i996 1896 -1997 2,512 2,497 157 157 930 549 469 275 109 496 165 107 195 9 1 67 300 305 105 88 165 289 47 24 13• 24' 1 WA WA WA 44 76 93 75 76 303 350 271 305 L732 3 907 5,906 4,316 ommomm1,115.00 59,445.00 102,827.50 i 61 896.01 LWpd -VMotiww: Leash LaW, ftddno, RM •••ORM: BOW Ousrwow of Los AIWIM CouW,# ANerls - Od W 1. 1296 960 514 42 260 144 511 165 93 9 166 6 1 7_� 311 319 110 123 149 276 33 82 105 326 CITY COUNCIL REPORT AGENDA NO. MEETING DATE: December 15,1998 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Consideration of a Policy to Install Vending Machines in the City of Diamond Bar's Parks. ISSUE STATEMENT: Shall the City Council of the City of Diamond Bar approve a policy to install vending machines in the City's parks? RECOMMENDATION: It is recommended by the Parks and Recreation Commission and staff that the City Council of the City of Diamond Bar approve a policy to install vending machines in the City's Parks. It is further recommended that any revenue generated by these machines be utilized to offset parks maintenance and operations costs. FINANCIAL SUMMARY: It is estimated that revenue in the amount of approximately Ten Thousand Dollars ($10,000) a year would be generated for the parks system. It is proposed that the revenue generated be used to help defray the cost of operating and maintaining the City's parks. BACKGROUND: On May 22,1997 the Parks and Recreation Commission recommended the approval of the installation of vending machines in the City's parks to the City Council. On October 22, 1998 the current Parks and Recreation Commission concurred to uphold the prior recommendation that the City Council approve a policy allowing the installation of vending machines in the City's parks. The Commission suggested that the revenue generated from the vending machines be used to help defray the cost of operating and maintaining the City's parks. The following eight park sites were proposed by the Commission: Heritage Park; Maple Hill Park; Peterson Park; Ronald Reagan Park; Summitridge Park; Sycamore Canyon Park; Pantera Park; and Paul C. Grow Park. In addition to Commission approval, a recommendation in the City -Wide Comprehensive Parks Master Plan includes the "augmentation of existing financing through the development of new sources of funding." Specifically, the City -Wide Comprehensive Parks Master Plan suggests the development of a concession contract, such as the concept proposed herein, to be utilized as a possible funding source. DISCUSSION: When thinking about this policy decision, there are several issues that need to be considered. These issues and staff s response to the these issues include the following: 1. Issue: The Diamond Bar Municipal Code section 12.00.290 prohibits the sale of any goods or merchandise in the City's parks. Can the City legally allow the sale of products from a vending machine in a City park? Response: Exception one (1) to section 12.00.290 allows the City Council to authorize a concession or other agreement to sell goods and merchandise in the City's parks. This will allow for the installation of vending machines in the parks, provided the City Council approves the agreement. 2. Issue: Will sales from the vending machines cut into the profits generated at the authorized concession stands operated by the non-profit youth sports organizations at Peterson and Pantera Parks? Response: Any vending machines installed in the parks will directly compete with the operations of authorized concession stands. It is possible to "lock down" vending machines while the concession stands are operating. This is done at Lorbeer Middle School where the vending machines are not allowed to compete with the food service contractor. The vending machines are locked during the school day and opened for after-school sales. 3. Issue: What will it cost the City to install, maintain and operate the vending machines? Response: The provider of the vending machines will be required to provide, install and maintain the machines at no cost to the City. Installation will require electrical work and possibly some concrete work. These costs will be paid by the provider. The machines will be plugged into the City electrical supply at each park. Cost for electricity to operate the machines will be borne by the City. Estimated electrical cost is $9 - $12 per machine per month. If two machines are installed in eight different parks, total electrical costs will be approximately $1,730 - $2,305 per year. 4. Issue: How much revenue can vending machines in Diamond Bar's parks produce? Response: Total estimated revenue for two machines in eight parks is $10,665 per year. 5. Issue: How long will the City be required to have the machines in the parks, should the City Council decide to have the vending machines removed? Response: Terms for termination of the service will be included in the contract. Customarily, the vending machines will need to remain in the parks for at least one year so that the provider can recoup installation costs. Of course if there is cause, the machines could be ordered out of the parks with no cost to the City. 6. Issue: What other cities are installing vending machines in their parks? Response: Cities of Duarte, EI Monte, La Puente, and Pasadena all have sodatwaterlsports drink vending machines in their parks. 7. Issue: Why should the City of Diamond Bar install vending machines in their parks? Response: The cost to operate and maintain the City's parks are always escalating. The Parks Master Plan suggests looking at new funding sources as one method to recoup some of the operations and maintenance costs. One suggested method from the master plan is concessions contracts. WHAT'S NEXT?: If the City Council approves the policy as recommended, staff will then release a Request for Proposals (R.F.P.) to solicit vending machine providers. Standards that will be listed in the R.F.P. will include the following, at minimum: 1) Costs associated with providing and the installation of the vending machines must be borne by the provider at no cost to the City. 2) Vending machines must be vandal resistant. 3) All maintenance and repairs must be completed by the provider at no cost to the City. 4) Vending machines must be maintained in an aesthetic and operable condition at all times. At the present time, it is staffs intent to seek a provider of soda machines only. It is anticipated that these machines will be stocked with water and sport style thirst quenchers, as well as soda. Staff is aware of at least three vendors that are interested in providing this service in the City's parks. If this recommended policy is approved by the City Council, vending machines will not be installed in the City's parks until after a contract with the proposed vendor is approved by the City Council. PREPARED BY: Bob Rose Community Services Director Anne Haraksin Administrative Assistant May 22, 1997 Page 4 Parks & Recreation Commission VC! 'Connor thanke We Bowm , Lillian Ore I and Marsha \Rfor their ication and ha work on the Ci 's 8th Anniv ary Celebrati .NEW BUSINESS: 1. Proposal from Coca-Cola to Install Soda Machines in the City's Parks as a Source of Revenue for the City. Gary Stitt, Coca-Cola, offered the placement of two types of vending machines in some of the City's parks. One type is a Coca-Cola plastic bottle vending machine called the "Genuine Coca-Cola Plastic Bottle" with a resealable plastic cap. The second type of machine is called the "PowerAde". He indicated that PowerAde is an isotonic drink designed to refresh the athlete. He explained that these machines are already placed in a variety of Diamond Bar schools. The machines utilize current technology, provide night illumination and contain security alarms. The vending machines include a protective "cage" covering. The company proposes that the machines be anchored on a cement foundation. The machines contain dollar bill validators. Coca-Cola proposes a $1.00 per unit charge for a 20 ounce bottle. Mr. Stitt proposed that at a $1.00 suggested price, Coca-Cola would provide a 25 percent commission to the City for a $6.00 profit per case for PowerAde and approximately $5.35 per case for carbonated drinks. . Projected outdoor vending machine sales are seasonal and range from five cases to 25 cases per month, depending on the park's activity. He suggested that PowerAde and carbonated drink machines be placed side-by-side for security reasons and to make maximum usage of a single power outlet. Mr. Stitt proposed the following six park sites for machine placement: Heritage, Maple Hill, Peterson, Ronald Reagan, Summitridge and Sycamore Canyon. GMedina stated that in other businesses vendors offer as much as a 50 percent commission. He asked if the 25 percent commission is based upon net or gross sales. Mr. Stitt responded that the commission is based on gross sales per unit for PowerAde. The carbonated drink commission is after tax and CRV. Coca-Cola stocks and rotates the product for the City and maintains the machines on behalf of the City. In determining a commission split, Coca-Cola factors in the May 22, 1997 Page 5 Parks & Recreation Commission employee and equipment related costs. He stated that in his opinion, 25 percent is a generous commission split. Chair/Finnerty asked for explanation of the machine's efficiency rating and kilowatt hour usage in order to determine the City's rate of return. Mr. Stitt responded that outdoor vending machines generally cost $9.00 to $12.00 per month in electrical costs to operate. Chair/Finnerty suggested the company include bottled water in the vending machines. C/Tye asked if the 25 percent commission rate is negotiable. Mr. Stitt responded that 25 percent commission is generous and he does not believe there is any flexibility in this offer. C/Tye asked for what period of time Coca-Cola intends to provide vending machines. Mr. Stitt responded that Coca-Cola will evaluate each location on its own merits. Coca-Cola would like a 12 month commitment for the six locations. Chair/Finnerty asked how Coca-Cola determined the six proposed locations. Mr. Stitt responded that the six locations were based upon staff's recommendations and his knowledge of Diamond Bar parks. C/Tye asked if the food vending service is part of the Coca-Cola Company. Mr. Stitt responded that Coca-Cola has a separate dedicated vending operation. The people who fill the vending machines are compensated on the number of cases placed. The vending maintenance department personnel carry parts on their trucks and can make on the spot repairs. CITye asked how often the Lorbeer Middle School machines are serviced. Mr. Stitt responded that the machines are serviced twice weekly depending on volume. Two to three weeks into placement of the machines, an inventory .track should develop and service visits will be adjusted accordingly. May 22, 1997 Page 6 Parks & Recreation Commission VC/O'Connor stated the Lorbeer Middle School machines are locked during the day and are only accessible after school hours in order to avoid competition with the contracted cafeteria food and drink service. She asked if the machines proposed to be placed in the parks can be locked during events where drinks are supplied/sold by other organizations. CSD/Rose responded that negotiations could involve non -competition. C/Tye stated that if he brings beverage to the park he is not supporting the vendor selling drinks. If a vending machine is located in the park, he would like the option to purchase from the organization providing drinks or from the vending machine. C/Holder indicated she favors competition. Mr. Stitt offered to negotiate favorable terms. He pointed out that use of the vending machines during park events provides revenue to the City. Chair/Finnerty asked how many containers each machine holds. Mr. Stitt responded that the machines hold about 14 cases of 24 bottles per case. VC/O'Connor asked where the revenues would be placed and for what purpose the monies would be used. CSD/Rose responded that any monies generated in this type of operation goes into the general fund. During the budget process a revenue source can be identified for special materials purchases. If this operation proves successful, during the budget process the annual revenue could be requested for park improvements, or any other parks and recreation use. City Council ultimately determines the use of funds. VC/O'Connor asked if any other vendors have offered to provide vending machines. CSD/Rose stated the City has not approached or been approached by any other vendors. C/Tye asked if Pepsi Cola offers a similar program May 22, 1997 Page 7 Parks & Recreation Commission Mr. Stitt responded that Pepsi has vending machines. He said he is not privy to information regarding competitors locating on park sites. C/Holder asked what recourse the City has if the machines are not properly serviced. Mr. Stitt stated an 800 number is provided in order for the public to convey their concerns. C/Holder asked about machine down time. Mr. Stitt responded that vending machine problems are rare. Repairs are made at the site, if possible. C/Tye asked if the City will receive more money than a retailer because there is no up front money involved. Mr. Stitt referred the Commission to objective marketing information that indicates Coca-Cola's products outperform the competition by about one-third. CSD/Rose calculated assumptions that indicated two machines at each of six City parks would generated a net annual revenue of approximately $8,000. C/Medina stated he favors placing vending machines in City parks. However, he is concerned about competing with other organizations. CSD/Rose explained that the City currently does not charge for lighting provided for youth group athletic functions and the City needs to pursue all avenues of revenue generation in order to recoup such costs. C/Tye asked who would bear the cost of electrical installation to accommodate vending machine installations. Mr. Stitt stated that if Coca-Cola could utilize company contractors, he feels that his company would 'pay for reasonable expenses for necessary concrete and electrical installation. Chair/Finnerty stated she would like Pantera Park included as a proposed installation site. May 22, 1997 Page 8 Parks & Recreation Commission Mr. Stitt responded to CSD/Rose that the vending machines are adaptable to sloped pads. C/Holder asked if the machines are secured to buildings. Mr. Stitt explained that the cages surrounding the vending machines are secured to concrete pads. The vending machines can be bolted. However, experience indicates bolting the cage affords sufficient security. CJHolder suggested the machines be placed out of the sun and away from areas susceptible to wind. Mr. Stitt responded that machine visibility should more than compensate for the possibility that it may be subjected to sun and wind. The greater the visibility, the more likely the public is to purchase the product which should outweigh the cost of keeping the machine cool. Mr. Stitt indicated to C/Tye that revenue and use projections for Diamond Bar are based upon figures from three vending machine installations in the City of Duarte parks and one installation at Pathfinder Park in Rowland Heights. Chair/Finnerty concurred with the proposed project as a means to generate revenue for the City and enhance the park's amenities. VC/O'Connor moved, C/Tye seconded, to accept the concept of installing soda machines in seven designated City's parks including Pantera Park, to generate revenue for the City. The motion was carried 5-0. INFOYRMATION ITEMS (Continued): In The CSD/Rosesented will be held\asd O'ConnoTh Park.CSD/ responded stop sh ter ads will the final Corpore Canyon if the City has Schedule. In The Park schf' on June 25, 199 banners to le. The first co ert ertise Concerts In banners were not NEluded in this year udget. Bus posted and posters ill be placed in g ery store OCTOBER 22, 1998 PAGE 3 PARKS & RECREATION COMMISSION arc ect for the project and mona Unified School Di rict represent ives ",._.Jay at Lorbeer Middle S ool. Plans are expecte to be avai lab to bid thkfircal ject in February, 19 with completion of the stallation by e end of year, June 30, 199 5. X Chino Hills State Itark Master Plan. CSD/Rose reported t t ills State Park is from aster Plan are availab D artment. Although t gro , Commissioners indi ual comments di the comment periocxor the Draft Master Pla for Chino ctober 16 through De tuber 2, 1998. Copies the draft at the Diamond Bar Li 2 Commission will not ar welcome to review t 'ect to State representati 6. Remain g 1998 Commission e CSD/Rose ated that due to the meetings ha been rescheduled t December 1 1998 respectively. OLD BUSINESS: ng Schedule. and the Communiervices commenting on the p n as a document and subm their liday season, the Nmber and December' Thursday, November 1 1998 and Thursday, 7. Installation of Soda Machines in the City's Parks. CSD/Rose stated that this subject was last considered by the Parks and Recreation Commission on May 22, 1997. At that time, the Commission recommended the approval of the installation of soda machines in the City's parks to the City Council. Staff is now prepared to present this subject to the City Council and would like to have additional Commission input on the matter. Based upon the Commission's prior recommendation, staff will recommend to the City Council that it approve installation of soda machines in the City's parks. Following discussion, the Commission concurred to uphold its prior recommendation that the City Council approve installation of soda machines in the City's parks. Chair/Finnerty asked that the May 22, 1997 motion (Page 8 of the meetings minutes) that states: To accept the concept of soda machines in eight (8) designated City parks that includes Pantera Park to generate revenue for the City be forwarded to the City Council with the following addition: That the revenue from the soda machines be used to help defray the cost of maintaining the City's OCTOBER 22, 1998 8. PAGE 4 PARKS & RECREATION COMMISSION parks. VC/Nolan so moved. C/Holder seconded the motion. The motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Anis, Holder, VC/Nolan, Chair/Finnerty NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Pruitt VC/Nolan amended his motion to include "and Paul C. Grow Park" following Pantera Park. C/Holder seconded the amended motion. Motion amendment carried by the following Roll Call vote: AYES: COMMISSIONERS: Anis, Holder, VC/Nolan, Chair/Finnerty NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Pruitt Maintenance Ansley reviewed tk list of park mainten nce items and action taken with to the parks maint nance update list. Comissioners pointed out t eir concerns. PMS/ nsley indicated he I discuss the i%ns of concern with the ontractor tomorrow VC/Nol k,asked that the matter dog defecation int City's parks be plac on a future eeting agenda. Chair/Finn ty asked that staff repo on the amount of st ff and cost involved in picking up a er the dogs. CSD/Rose resp ded that once the dog 'e pots are placed in t City's parks, staff will advise the mmission what public ucation programs it pects to pursue. Following discussio the Commission conc rred to establish the \ande visits: sday, October 2 1! November 6, 19 y, November 10, 1 sday, November 18, Heritage Parl� Peterson Park` Summitridge P 98 Sycamore Park lowing dates Chair/Finnerty VC/Nolan C/Ani s C/Holder CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. 1 2 - TO: TO: Honorable Mayor and Members of the City Council MEETING DATE: December 15, 1998 REPORT DATE: December 9, 1998 FROM: Terrence L. Belanger, City Manager TITLE: Resolution No. (98) "Resolution of the City Council of the City of Diamond Bar Authorizing the Diamond Bar Community Volunteer Patrol and the Explorers to Direct Traffic." SUMMARY: Approval of a Resolution is necessary to allow the volunteers in the Diamond Bar Community Volunteer Patrol and the Explorers to direct traffic. Pursuant to California Vehicle Code Section 21100(e), City Council may adopt a Resolution to allow the volunteers and Explorers to direct traffic whenever official traffic devices are disabled or inoperable, at the scenes of accidents or disasters, or at such locations that may require traffic direction for orderly traffic flow. The Resolution proposes that the volunteers in the Diamond Bar Community Volunteer Patrol and the Explorers be authorized to direct traffic when in uniform, when directed to do so by the Sheriff s Department, and after the completion of training. RECOMMENDATION: It is recommended that the City Council adopt Resolution No. "Resolution of the City Council of the City of Diamond Bar Authorizing the Diamond Bar Community Volunteer Patrol and the Explorers to Direct Traffic"; and allocate an additional $2,000 for workers compensation insurance. LIST OF ATTACHMENTS: X Staff Report _Public Hearing Notification X Resolution(s) _ Bid Specification _ Ordinance(s) Other: _ 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 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: REVIE BY• i Terrence L. Belanger Anne M. Haraksin City Manager Administrative Assistant CITY COUNCIL REPORT AGENDA NO. MEETING DATE: December 15, 1998 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Resolution No. (98) 'Resolution of the City Council of the City of Diamond Bar Authorizing the Diamond Bar Community Volunteer Patrol and the Explorers to Direct Traffic." ISSUE STATEMENT: Shall the City Council of the City of Diamond Bar adopt a Resolution to authorize the Diamond Bar Community Volunteer Patrol and the Explorers to direct traffic; and allocate an additional $2,000 for workers compensation insurance? RECOMMENDATION: It is recommended that the City Council of the City of Diamond Bar adopt a Resolution to authorize the Diamond Bar Community Volunteer Patrol and the Explorers to direct traffic; and allocate an additional $2,000 for workers compensation insurance. FINANCIAL SUMMARY: The City will be required to provide workers compensation insurance and training for the volunteers. Workers compensation insurance is required in order to cover the costs associated with the injury to a volunteer. The State Compensation Insurance Fund will annually charge the City $238 per volunteer. Currently, twenty-five (25) volunteers are members of the Diamond Bar Community Volunteer Patrol. Therefore, the City will be required to pay $5,950 per year for workers compensation insurance. The Fiscal Year 1998-1999 budget currently has $5,000 budgeted for workers compensation insurance for the Diamond Bar Community Volunteer Patrol. It is proposed that an additional $2,000 be budgeted. Training of the volunteers will be provided at no cost from the Community Relations Division within the Walnut/San Dimas Sheriffs Station. BACKGROUND/DISCUSSION: Approval of a Resolution is necessary to allow the volunteers in the Diamond Bar Community Volunteer Patrol and the Explorers to direct traffic. Pursuant to California Vehicle Code Section 21100(e), the City Council may adopt a Resolution to allow volunteers and Explorers to direct traffic whenever official traffic devices are disabled or inoperable, at the scenes of accidents or disasters, or at such locations that may require traffic direction for orderly traffic flow. The Resolution proposes that the volunteers in the Diamond Bar Community Volunteer Patrol and the Explorers be authorized to direct traffic when in uniform, when directed to do so by the Sheriffs Department, and after the completion of training. Currently, the Diamond Bar Community Volunteer Patrol conducts residential vacation checks, patrols the parks, reports graffiti, and performs other duties as assigned by the Sheriffs Department. The added responsibility of directing traffic, when required to do so, will not hinder the volunteers' current duties. In fact, not only will the act of directing traffic supplement the duties of the volunteers, but volunteers directing traffic will supplement sworn deputies performing enforcement duties. RESOLUTION N0.98 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING THE DIAMOND BA COMMUNITY VOLUNTEER R EXPLORERS TO DIRECT TRAFFIC AND THE RAFFIC WHEREAS, pursuant to provisions of Vehicle Code Section 211 may, by resolution, authorize any person to regulate traffic under such 00(e), the City Council require traffic direction for orderly traffic flow; and circumstances as may WHEREAS, the Los Angeles Count y Sheriffs volunteers and Explorers to conduct neighborhood vation checks Department currently utilizes civilian generally assist the Sheriffs Department, and said volunteers and E and patrol checks and to in uniform; and Explorers perform these duties WHEREAS, said volunteers and Explorers supplement sworn deputies performing enforcement duties; NOW THEREFORE the City Council of the City of Diamond Bar hereby authorizes the Diamond Bar Co unity Volunteer Patrol and the Explorers, when in uniform do so by the Sheriffs Department, and after completion to e training Sheriff of the County of Los Angeles, to direct traffic within the C'Diamond and directed to official traffic control devices are disabled and otherwiaffic curriculum approved by the e moperableYat thel s ene oBaccidents ar uer and disasters, and at other locations requiring traffic direction for orderly traffic flow. PASSED, ADOPTED, and APPROVED by the City Council of the City of Diamond Bar, California, this 15 day of Dec tuber, 1998. Mayor I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do here foregoing Resolution was passed, adopted and approved at a regular mee of the City of Diamond Bar held on the 15th da of by certify that the Y December, by the following t votehe : Council AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Lynda Burgess, Cit y --Clerk City of Diamond Bar CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Honorable Mayor and Members of the City Council MEETING DATE: December 15, 1998 REPORT DATE: December 10, 1998 FROM: Terrence L. Belanger, City Manager TITLE: Authorization to the City Manager to Purchase Two Vehicles, and City Council Approval of a Budget Adjustment in the Amount of $65,000. SUMMARY: The State of California Department of General Services administers the statewide purchasing contracts for volume discount prices on materials, supplies and capital equipment for the state, counties, and various cities. The City intends to purchase the following two vehicles through the Statewide Purchasing Contract No. 1-99-23-20: 1999 Dodge BRI 500 Pickup for the Community & Development Services Department; and a 1999 Jeep Cherokee SE for the City Manager's Department. However, in order to purchase the two vehicles, the City Council must give authorization to the City Manager to purchase the two vehicles, and approve a budget adjustment in the amount of $65,000. RECOMMENDATION: It is recommended that the City Council of the City of Diamond Bar authorize the City Manager to purchase two vehicles, and approve a budget adjustment in the amount of $65,000. LIST OF ATTACHMENTS: X Staff Report — Public Hearing Notification —Resolution(s) — Bid Specification — Ordinance(s) X Other: State Contract — Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? —Yes — No 2. Does the report require a majority vote? 3. Has environmental impact been assessed? X Yes — No 4• Has the report been reviewed b a Commission? N/A — Yes — No y N/A _Yes — No Which Commission? 5. Are other departments affected by the report? Report discussed with the following affected departments: —Yes X No REVIEWED Y: Terrence . Belanger Anne M. Haraksin City Manager Administrative Assistant MEETING DATE: TO: FROM: SUBJECT: ISSUE STATEMENT: CITY COUNCIL REPORT AGENDA NO. _ December 15, 1998 Honorable Mayor and Members of the City Council Terrence L. Belanger, City Manager Authorization to the City Manager to Purchase Two Vehicles, and City Council Approval of a Budget Adjustment in the Amount of $65,000. Should the City Council authorize the City Manager to utilize the State of California Department of General Services Contract No. 1-99-23-20 to purchase two vehicle Council approve a budget adjustment in the amount of $65,000? s, and should the City RECOMMENDATION: It is recommended that the City Council of the City of Diamond Bar to utilize the State of California Department of General Services Contract Noe1-99-23-20 the an Purchase two vehicles, and approve a budget adjustment in the amount o FINANCIAL SUMMARY: f $65,000. The cost of each vehicle, including delivery charge and tax, is as follows: Item Cost of Ve isle State of California Service Char e Dodge BR1500 Pickup Jeep Cherokee SE $18, 922' 10 $174.80 22 222.32 205.29 TOTAL $41,144.42 $380.09 In addition to the purchase price of the vehicles ($41,144.42), the Cit to the State of California for the utilization of the contract. The service contract is one percent (1 %) of the purchase order total ct-($380-09). c must pay a service charge charge for use of the submits a copy of the Purchase Order to the vendor, and the saris del 80'09 . California will then invoice the City for the se or, charge ) After the City delivered, the State of g amount. In order for the City to purchase the two vehicles, a budget adjustment i is necessary. The $65,000 will be deducted from the Unappro riate n the amount of $65,000 and increased to the General Government Vehicle Equipment Account p d Fund Balance (001-25500), (001-4090-46100). Staff Page 2 Purchase of Vehicles December 15, 1998 is requesting $65,000 because the City intends to purchase a Currently, the City is seeking three bids or mini -vans becaus e th Contract do not meet the needs of the City, seven passenger mini three e mini -vans listed on the State BACKGROUND: The State of California Department of General Serthe statewide purchasing contracts for materials, Services is the lead public agency that administers supDepartment of General Services releases contracts orlvolume ies, and capital equipment. Each year the wagons, trucks, and utility vehicles. The De discount pricing on sedans, station Of these contracts b Department of General Services has approved the use Y other public agencies interested in Purc however, must pay a service charge for the utilization of the basing vehicles. Public agencies, Of the Purchase Order total before tax. contract, which is one percent (1%) Pursuant to the City's purchasing Ordinance and Cooperative equipment, it is necessary for the City to secure the lowest e Pu and capital equipment. Therefore, the Cit is se Purchasing Agreements for capital Purchase price for materials, supplies, 1999 Model Trucks V Y eking approval to utilize Contract 1-99-23-20 for Vans and Utility Vehicles to purchase two vehicles. The follow' were selected based upon the availability from the state's vendor list need for specific vehicles: 1999 D following Vehicles Dodge 13R1500 Pickup;and based upon the City's The 1999 Dodge BR 1500 Pickup and a 1999 Jeep Cherokee. Woodland ($18,922.10) will be purchased from Lasher GMC/Dodge in California. The City is purchasing the vehicle for the Comm Services Department. The vehicle will replace the Departure which is currently Community &Development y driven by the Code Enforcement. Officer. The 1991 Chevrolet hevrolet S 10 Pickup, needs to be replaced due to the increPick asin With the g and continual maintenance costs related toUP vehicle. Purchase of the 1999 Dodge BR1500 Pickup, the Cit S10 Pickup. Y will surplus The 1999 Jeep the 1991 Chevrolet Cherokee SE 22,222.3 wilre lac Purchased from Swift Jeep Chrysler Plymouth Dodge in Davis, California. T intends to surplus. Currently, the 1989 Chevrolet Corsica e the i989 Chevrolet Corsica, which the Cit In addition to the need for a replacement employee pool car, Y used as a City employee pool car. drive utility vehicle available for replacement nc , the City needs to have a four-wheel Therefore, theemergeY preparedness activities and off-road field trips. Purchase of the 1999 Jeep Cherokee SE will satisfy employee pool car, but also the need for the flexibility of a four-wheel drive utility vehicle. City intends to surplus.p the 1989 Oldsmobile Cutlass which car. In addition to the lie urge al replacement Oldsmobile Cutlass is used as a Ci ty employee ich the employee pool car, the City needs the flexibility it1 Page 3 Purchase of Vehicles December 15, 1998 of a seven passenger mini -van. The mini -van will enable City employees to convoy in greater numbers; and, the vehicle will provide for covered conveyance of and secured storage of equipment and other material. Therefore, the purchase of a mini -van will satisfy not only the need for an employee pool car, but also the need for more flexible vehicle uses. In order for the City to purchase the two vehicles, the City Council must authorize the City Manager to purchase the two vehicles and to sign the two Purchase Orders. According to Diamond Bar's Purchasing Policy and Procedures Manual, "The City Manager is authorized to bind the City for the payment of services, supplies, materials, equipment, labor or other valuable consideration furnished to the City in an amount not to exceed Ten Thousand Dollars ($10,000)." Therefore, since the amount exceeds Ten Thousand Dollars ($10,000) for each of the two vendors, the City Council must give approval for the City Manager to sign the necessary purchasing documents. In addition to granting approval for the City Manager to sign the two Purchase Orders, it is necessary for the City Council to approve a budget adjustment in the amount of $65,000. The $65,000 will be deducted from the Unappropriated Fund Balance (001-25500), and increased to the General Government Vehicle Equipment Account (001-4090-46100). .Si..sT�..OF�LIFO^�mh CALIFORNIA NOTIFICATION CONTRACT NUMBER: DESCRIPTION: CONTRACTOR: EFFECTIVE DATES: SUPERSEDES AREA: CONTRACT NO.: DISTRIBUTION: TAX: Add appropriate sales and use Exempt from Federal Excise Tax. *Food contracts are tax exempt. 1-99-23-20 VEHICLES; TRUCKS, VANS AND UTILITY VEHICLES VARIOUS 10/23/1998 THMOUGH EIND OF TRE 1999.14 PEAR I-98-23-20 STATEWIDE (FOUR FOB POINTS) STATE AND LOCAL AGENCIES C. F. GRADY, ')CpmY Director Use of this by aa rontained n State A agreement �a8ve 7nmaudatory with monetary exceptions staled herein or To obtain assistance or r �; sport non-cump(�� by SUPPher, or for DePartmenc of General S any suggestions or recommendations write: �• Procurement Division, P.O. Box 9428 or tali; Of Adninistrator, BOB RIOLq �. Sa cramentc, CA 94204.0001, 9163247799, CALNET 4547/99 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DMSION Contract: 1-99-23-20 ORDERING PERIOD: Through the 1999 model period, which runs until manufacturer cut-off dates. Cut-off dates are established by the manufacturers, not by this office, and may begin as early as January or as late as August. You may request that deliveries be delayed until after July 1, but orders must be placed before cut-off. ORDERING INFORMATION: The contract notification price sheets show the FOB point, vehicle description, make and model, unit price, terms for payment, and dealer name. Specification sheets give a brief description of each type of vehicle. PRICE: All prices are maximum for the contract period, subject to the State receiving full benefit of all manufacturer price declines effective on the date of manufacturer's general public announcement. All prices are FOB destination zone (city). Prices are exclusive of Federal Excise Tax. DELIVERY: Within 150 days after receipt of order by the dealer. FOB POINT: The dealer is required to deliver vehicles to agencies located in the area in which they receive an award. Deliveries to agencies located outside of the area will be FOB the dealer's location in the area shown on the bid. Agencies located outside of the area will either pick the vehicles up from the dealer or have them shipped FOB the delivery area. If the release order indicates a delivery location other than the FOB point, the dealer will deliver the vehicle and show the delivery charge as a separate item on the invoice. "Area" for the purpose of this contract is defined as the city limits of the city named. This applies to all State agencies and California local agencies. Mi ORDERING PROCEDURE: State and local agencies may now order vehicles directly from contract dealers for the appropriate FOB point. o The vehicle can be a standard contract vehicle or a contract vehicle with modifications or additional options. o State agencies may order direct from the dealer and must use a Contract/ Delegation Purchase Order (STD 65) listing all model changes, options and/or deletions, if applicable. Page 2 Contract/Delegation Orders must be sent to DGS/Fleet Administration Division for approval prior to sending them to the dealer. After approval, orders will be returned to the originating agency, who may then forward thea to the appropriate contract dealer's). Immediately after release of the order, a special copy must be forwarded to DGS/Procurement Division/Master Contracts (in addition to the usual distribution copy). Local agencies may order direct from the dealer and may use their own purchase order form listing all model changes, options and/or deletions, if applicable. Immediately after release of the order, a special copy, must be forwarded to Procurement Division/Master Contracts. STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DMSION Contract: 1-99-23-20 ORDER CONFIRMATION: Dealers awarded items against this contract will now be required to send the ordering agency a written confirmation of receipt of their order. This applies to all orders issued against this contract. This confirmation must be completed within 30 days after receipt of order and must indicate the date the order was placed with the manufacturer. Confirmations should be mailed to the "Charge To" address shown on the order, to the attention of the contact person listed. FACTORY OPTIONS: All factory options shall be available and priced at dealer cost plus 10% for an addition or dealer cost minus 107 for a deletiion in accordance with Kelley Blue Book New Price Manual or manufacturer's price list in effect at the time of the bid opening, liEquipment changes which might be made would include, but not be limited to the following: Six -cylinder engine Delete power steerinin lieu of eight cylinder. g. Delete air conditioning. Payload package. Note: Contract Dealer shall provide a listing of all options for each vehicle awarded. The listing shall contain a column for the option description and for the unit markup. price, which includes the 107. MODEL CHANGES: Model changes shall be available and priced at dealer differential cost between models plus 10%. Model changes which might be made would include, but not be limited to, the following: Automobiles Two -door model in lieu of four -door. Pickup T+-ucka Stepside box in lieu of styleside box. Long -wheelbase pickup in lieu of short -wheelbase. Vans Long -wheelbase in lieu of short -wheelbase. Note: Deletion of an option does not change the requirement to provide other items covered in the specification. For Example: Deletion of air conditioning does not change specification requirement for alternator or increased cooling, order. unless specifically changed or deleted by the PAINT COLOR: Vehicles will normally be ordered in standard factory colors. Special Paint colors available option" at no charge mufrom the manufacturer as a "special equipment st be provided at no charge. Shen available from the manufacturer. at a charge, they will be priced at that cost plus 10%. Page 3 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract: 1-99-23-20 Note: The Contract Dealer shall provide a listing of both the exterior and interior standard factory colors to ordering agencies. If the agency does not specify colors, dealer will order white exterior with matching interior. CASH DISCOUNTS: Cash discounts for prompt payment may be taken the number of days shown after receipt of the veehicleforaa Propenterly is made within invoice, whichever is later. Invoices that do not reflect the cash discoupreparnt should be returned to the dealer immediately for correction. Note that the dollar discounts shown are Der vehicle.not per order. For this contract, cash discount time will be defined by the State as beginning only after the vehicle has been inspected, delivered, and accepted by the receiving agency. Normally, acceptance will be accomplished within twenty (20) normal business working hours after vehicles are delivered. INSPECTION: State agency vehicles will be inspected for compliance by a Department of General Services Inspector of Automotive Equipment at the dealer's place of business prior to delivery. It will be the responsibility of the dealer to ask for inspection when vehicle is ready for delivery. DOCUMENTS: The following must be delivered with the vehicle when the unit is offered to the receiving agency for acceptance: 1. Inspection Report 2. Predelivery Checklist 3. Copy of Release Order INVOICING REQUIREMENTS: The dealer is to render invoices as instructed on individual release orders. Invoices shall include the release order number, the contract number, the unit price, extension, and any cash discount offered. State sales tax is to be shown as a separate item on the invoice. Invoices omitting any of the above items shall be returned for correction and resubmittal. Sales tax is to be computed on the net price. The Report of Sale shall be submitted to the receiving agency, if possible, upon receipt of the Vehicle Identification Number (VIN). CONTRACT USAGE REPORTING: Dealerships shall provide the Department of General Services, Procurement Division a monthly contract usage report. This report will reflect the vehicle orders placed against the contract for the respective month. The report must be received by Procurement Division by the 15th of each month. The Contract Usage Report shall include the following information: 1. Dealership Information 2. Contract Number and FOR Point 3. Reporting Month 4. Ordering Agency S. Bill Code (If known) 6. Purchase Order Number 7. Date of Purchase Order 8. Date Order Received (From Governmental Agency) Page 4 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DMSION Contract: 1-99-23-20 9. Date of Confirmation 10. Delivery Date (Estimated) 11. Description of Vehicle (Make and Model) 12. Quantity Ordered 13. Vehicle Unit Price 14. Vehicle Unit Price with Options 15. Applicable Vehicle Fees 16. Vehicle Price Before Taxes 17. Vehicle Price After Taxes The following shall be attachments to the Contract Usage Report: 1. Contract/Delegation Purchase Orders (STD. 65) 2. Local Agency Purchase Orders 3. Order Confirmation Notices Send the Contract Usage Report with attachments to the following address: Department of General Services Procurement Division Attn: Vehicle Purchasing P. 0. Box 942804 Sacramento, CA 94204-0001 Page 5 (bast) CITY COUNCIL APPOINTMENTS (Effective 9-1-98) •TAu ■ DELEGATE ALTERNATE California Contract Cities Association Herrera O'Connor Sam Olivito, Exec. Dir., 10810 Paramount, Suite 202, Downey, 90241, 562-861-3908 Meets 3rd Wednesday of each month at 6:30 P.M. (social hour), 7:30 p.m., dinner, various restaurant locations of host City. Reservations required. California Joint Powers Insurance Authority Herrera 4952 La Palma Ave., La Palma, 90623, 800-220-2343 General Board Committee meets annually each July - location to be announced CLOUT Ansari O'Connor c/o Dr. Jerry Young Chaffey College, 5885 Haven Ave., Rancho Cucamonga, CA 91737 Meets 4th Thursday of each month at 7:30 a.m., Ontario Airport Marriott East San Gabriel Valley Planning Committee DeStefano Meets 4th Thursday of each month at 6:30 p.m., at various restaurant locations of host city. Planning Directors Sub -Committee: Meets 4th Monday of each month at 12:00 noon at Cal Poly. Foothill Transit Zone Huff Bill Forsythe, 100 N. Barranca #980, W. Covina, 91791, 626-967-3147 Meets 4th Thursday of each month at 8:00 a.m. at above address. Four -Corners Transportation Policy Committee Group Huff Chang Robert Huff, Chairman - Meets as needed. League of Calif. Cities - L.A. County Division Herrera Chang Jack O'Neil, Exec. Dir., 602 E. Huntington Dr., Ste. C, Monrovia 91016, 626-305-1315 FAX 626-305-1345 Meets 1st Thursday of each month at 6:30 p.m. at Almansor Court, 700 S. Almansor Street, Alhambra Rev. December 10, 1996 CITY COUNCIL APPOINTMENTS (Contd.) (Effective 9-1-98) L.A. County Sanitation District No. 21 Herrera Huff Charles Carry, Chief Engineer & Gen. Mgr., 1955 Workman Mill Rd., Whittier 90601-4998 Mailing: P.O. Box 4998, Whittier 90601-4998, 562-699-7411 x1500 Meets 4th Wednesday of each month at 1:30 p.m. at District Office L.A. County City Selection Committee Herrera Chang Larry J. Monteilh, Secretary, 383 Hall of Administration, 500 W. Temple St., Los Angeles, 90012, 213-974-1431 Meets: After the League of Calif. Cities - L.A. County Division Meeting - (Approx. 8:30 p.m.) San Gabriel Valley Commerce & Cities Consortium Ansari Chang 10501 Valley Blvd., Ste. 101 EI Monte, CA 91731, 626-453-3082 FAX 818 -453-3090 San Gabriel Valley Council of Governments Herrera Huff Nicholas Conway, Exec. Dir., c/o Arroyo Assoc., 234 N. EI Molino, Ste. 202, Pasadena 91101- 1675, 626-564-8700, FAX 626-564-1116 Meets 3rd Thursday of each month at 6:30 p.m. at various locations. Executive Session 5:00 P.M. Greater Los Angeles County Vector Control District MacBride 9510 Garfield Ave., South Gate, 90280, 310-927-6526 Meets 2nd Thursday at address above at 7:30 p.m. Southern California Assn. of Governments (SCAG) Chang O'Connor Main Office, 818 W. 7th St., 12th Floor, Los Angeles, 90017, 213-236-1800 Eileen Ansari, Representative for Dist. 37 General Assembly meets annually each March - location to be announced Wildlife Corridor Conservation Authority (WCCA) O/Connor Huff Joseph Edmiston, Executive Director, Contact: Andi 5810 Ramirez Canyon Road, Malibu, 90265 310 454-1395 x 106 'Rev. December 10, 1998 CITY COUNCIL AD HOC COMMITTEES (Effective 9-1-98) (Meet As Needed) Finance O'Connor/Chang Industry Materials Recovery Facility (IMRF) City on Line Technical Huff/O'Connor Cable TV Franchise Herrera/Chang Sister City Huff/Chang WVUSD/City Huff/Ansari PUSD/City Chang/O'Connor Economic Development Herrera/Chang Redevelopment Huff/Ansari City Council Goals/City Manager Evaluation Herrera/Chang Liaison Committee to Surrounding Cities Huff/Herrera Chamber of Commerce Liaison Ansari Diamond Bar Parks Master Plan O'Connor/Huff Senior Citizen Liaison Ansari/Chang Legislative Ansari/Herrera City Anniversary Liaison O'Connor Rev. December 10, 1998 TASK FORCES (Effective 9-1.98) MEMBERS Telecommunications Task Force Mayor Pro Tem Chang, Chair Mayor Herrera Craig Clute Ana Cortez Barry Flint John Forbing Mike Radlovic Nadine Schwartz Larry Smith Eric Stone Allen Wilson Mary Yuen Staff: James DeStefano Ann Lungu Linda Smith Rev. December 10, 1498 REDEVELOPMENT AGENCY OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE BOARD OF DIRECTORS s NOVEMBER 17, 1998 1JE 1. CALL TO ORDER: Chair/Huff called the meeting to order at 8:11 p.m. ROLL CALL: Agency Members Chang, Herrera, O'Connor, Vice Chairman Ansari, Chairman/Huff. Also present were: Terrence L. Belanger, Executive Director; Michael Jenkins.. Agency Attorney; James DeStefano, Deputy City Manager; David Liu, Deputy Public Works Director; Bob Rose, Community Services Director; Mike Nelson:. Communications & Marketing Director, Linda Magnuson, Assistant Finance Manager and Lynda Burgess, Agency Secretary. 2. PUBLIC COMMENTS: None 3. CONSENT CALENDAR: AM/Herrera moved, VC/Ansari seconded, to approve the Consent Calendar. Motion carried by the following Roll Call vote: AYES: AGENCY MEMBERS - Chang, Herrera, O'Connor, VC/Ansari, Chair/Huff NOES: AGENCY MEMBERS - None ABSENT: AGENCY MEMBERS - None 3.1 APPROVED MINUTES - Regular Meeting of November 3, 1998 - As submitted. 3.2 APPROVED VOUCHER REGISTER - dated November 17, 1998 in the amount of $564.00. 4. PUBLIC HEARINGS: None 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. AGENCY MEMBER COMMENTS: AM/O'Connor said she is pleased that Redevelopment Agency efforts have resulted in Travelers Insurance Group locating their offices in D.B. AM/Herrera echoed AM/O'Connor's statement. Without a Redevelopment Agency, the City would not have been able to entice this large company to locate here. She stressed the importance of this venture to the economy of D.B. Chair/Huff stated that the Redevelopment Subcommittee met to discuss potential future projects. VC/Ansari believed that the economic viability of the City's climate is very important NOVEMBER 17, 1998 PAGE 2 and that the Council and Agency are working on behalf of the City in a very proactive manner. CM/Belanger announced that Allstate Insurance will also be moving from Brea to the Gateway Corporate Center on Parcel 23 into a 70,000 sq. ft. building. 8. AGENCY ADJOURNMENT: There being no further business to conduct, Chair/Huff adjourned the meeting at 8:18 p.m. ATTEST: Chairman LYNDA BURGESS, Agency Secretary REDEVELOPMENT AGENCY OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE BOARD OF DIRECTORS DECEMBER 1, 1998 DRAFT CALL TO ORDER: Chair/Huff called the meeting to order at 7:20 p.m. in the South Coast Air Quality Management District Auditorium, 21865 E. Copley Drive, Diamond Bar, California. ROLL CALL: Agency Members Chang, Herrera, O'Connor, Vice Chairman Ansari, Chairman/Huff. Also present were: Terrence L. Belanger, Executive Director; Michael Jenkins, Agency Attorney; James DeStefano, Deputy City Manager; David Liu, Deputy Public Works Director; Bob Rose, Community Services Director; Mike Nelson, Communications & Marketing Director, Linda Magnuson, Assistant Finance Manager and Tommye Cribbins, Deputy Agency Secretary. REORGANIZATION OF THE REDEVELOPMENT AGENCY: A. Presented plaque to former Redevelopment Agency Chairman Gary Werner. B. SELECTION OF AGENCY CHAIRPERSON: Chair/Huff opened nominations for Agency Chairperson. AM/Chang moved, AM/Herrera seconded, to nominate VC/Ansari to serve as Agency Chairperson. With no other nominations offered, Chair/Huff closed the nominations. VC/Ansari was elected to serve as Agency Chairperson by the following Roll Call vote: AYES: AGENCY MEMBERS - Chang, Herrera, O'Connor, VC/Ansari, Chair/Huff NOES: AGENCY MEMBERS - None ABSENT: AGENCY MEMBERS - None C. PRESENTATION TO OUTGOING REDEVELOPMENT AGENCY CHAIRMAN BOB HUFF. Chair/Ansari presented Bob Huff with a plaque in recognition of his service as Chairman of the Redevelopment Agency for the 97-98 calendar year. D. SELECTION OF AGENCY VICE CHAIRMAN: AM/Chang moved, AM/Herrera seconded, to nominate AM/Huff as Agency Vice Chairman. With no further nominations offered, Chair/Ansari closed the nominations. DECEMBER 1, 1998 PAGE 2 REDEVELOPMENT AGENCY AM/Huff was elected to serve as Agency Vice Chairman by the following Roll Call vote: AYES: AGENCY MEMBERS - Chang, Herrera, Huff, O'Connor, Chair/Ansari NOES: AGENCY MEMBERS - None ABSENT: AGENCY MEMBERS - None RECESS: Chair/Ansari recessed the meeting at 7:30 p.m. RECONVENE: Chair/Ansari reconvened the meeting at 9:43 p.m. 2. PUBLIC COMMENTS: None 3. CONSENT CALENDAR: AM/Herrera moved, VC/Huff seconded, to approve the Consent Calendar. Motion carried by the following Roll Call vote: AYES: AGENCY MEMBERS - Chang, Herrera, O'Connor, VC/Huff, Chair/Ansari NOES: AGENCY MEMBERS - None ABSENT: AGENCY MEMBERS - None 3.1 APPROVED MINUTES - Joint City Council/Redevelopment Agency Meeting of October 22, 1998 - As submitted. 3.2 APPROVED VOUCHER REGISTER - dated December 1, 1998 in the amount of $996,138.71. 4. PUBLIC HEARINGS: None 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. AGENCY MEMBER COMMENTS: AM/Herrera thanked former Chairman Huff for his leadership of the Agency during the 97-98 term. She congratulated Gary Werner on acknowledgement of his service as the first Chairman of the Agency and welcomed Chair/Ansari to her new post. AM/Chang congratulated Chair/Ansari on her appointment. He complimented former Chairman Huff on his leadership. AM/O'Connor thanked former Chairman Huff for his excellent stewardship of the Agency. She looked forward to serving with Chair/Ansari. VC/Huff thanked the Agency Members for their comments. He pointed out that this DECEMBER 1, 1998 PAGE 3 REDEVELOPMENT AGENCY process will be a continuum of people dedicated to helping the City's business climate improve. He reported that the Agency successfully accomplished the goals set forth at the beginning of his term. As more tax increment becomes available, the Agency will be in a position to assist with more projects that will benefit the City. Chair/Ansari thanked AM/Huff for his work as Chairman. In spite of a recent significant business loss, D.B. has successfully attracted other businesses to relocate to the community. AGENCY ADJOURNMENT: There being no further business to conduct, Chair/Ansari adjourned the meeting at 9:50 p.m. ATTEST: Chairman TOMMYE CRIBBINS Assistant Agency Secretary DIAMOND BAR REDEVELOPMENT AGENCY INTEROFFICE MEMORANDUM TO: Chairman Ansari andBoardof Directors CPV FROM: Linda G. Magnuson,Isst. Finance Director SUBJECT: Voucher Register, December 15, 1998 DATE: December 10, 1998 Attached is the Voucher Register dated December 15, 1998 for the Diamond Bar Redevelopment Agency. The checks will be produced after any recommendations and the final approval is received. Please review and sign the attached. DIAMOND BAR REDEVELOPMENT' AGENCY VOUCHER REGISTER APPROVAL The attached listing of vouchers dated December 15, 1998 have been reviewed, approved, and recommended for payment. Payments are hereby allowed from the following funds in these amounts FUND DESCRIPTION PREPAID VOUCHERS TOTAL 610 'REDEVELOPMENT AGENCY FUND 150.00 6,974.70 7,124.70 REPORT FOR ALL FUNDS 150.00 6,974.70 7,124.70 APPROVED BY: .A� Linda G. 14a4nuson Eileen R. Ansari Assistant Finance Director Chairman rrence Bail," Robert S' Huff Executive Director y / Vice Chairman REPORT TOTAL PREPAIDS 150.00 REPORT TOTAL VOUCHERS 6,974.70 REPORT TOTAL 7,124.70 RUN DATE: 12/09/1998 16:21:29 JOUCiER REGISTEF PAGE: 1 IDUE THRJ: l2/15/1?Q PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE D-__KRI:)TI]n AMOUNT DATE CHECK. DIAMOND BAR/WALNUT YMCA 6107110-42115-- D DELIO SPN5RSHP-1/4 150.00 12/15/1998 248 TOTAL PREPAIDS 150.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 150.00 HALL & FOREMAN 6107110-46411-R069"-46411 037:'1 PROF SVCS -G'3: REHAB DESIGN 6 ,257.50 TOTAL PREPAIDS .00 TOTAL VOUCHERS 6,257.50 TOTAL DUE VENDOR 6,257.50 RICHARDS, WATSON & GERSHON 6107110-44020-- 1371 OCT -LEGAL SVCS -RDA 688.20 TOTAL PREPAIDS .00 TOTAL VOUCHERS 686.20 TOTAL DUE VENDOR 688.20 UNITED PARCEL SERVICE 6107110-44000-- 80027-44_'* EXPRESS SVCS-TOOLEY & CO 29.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS: TOTAL DUE VENDOR 29.00 REPORT TOTAL PREPAIDS 150.00 REPORT TOTAL VOUCHERS 6,974.70 REPORT TOTAL 7,124.70 DIAMOND BAR REDEVELOPMENT AGENCY INTEROFFICE MEMORANDUM TO: Honorable Chairman and Board Members VIA: Terrence L. Belanger, Executive Directo4 FROM: Linda G. Magnuson, Asst. Finance Director DATE: December 15, 1998 SUBJECT: Advance and Reimbursement Agreement Number P2 Recommendation: It is recommended that the Redevelopment Agency adopt a resolution approving Advance and Reimbursement Agreement Number P2, with the City of Diamond Bar, in the amount of $34,695. On February 17, 1998, the City Council and the Diamond Bar Redevelopment Agency approved Advance and Reimbursement Agreement Number P 1 in the amount of $328,120 for the purpose of awarding engineering design contracts for various improvements located within the Diamond Bar Economic Revitalization Area. A contract for $150,810 (including contingency) was awarded to Dewan, Lundin, and Associates for engineering design services related to improvements to Brea Canyon Road between Pathfinder and the Southerly City Limits. At the time of the original contract award, staff had contacted Caltrans to discuss the possibility of improving the State right-of-way area on the westerly side of Brea Canyon Road. Since that time, an agreement has been reached between the Redevelopment Agency and Caltrans. Therefore a contract amendment for this project in the amount of $34,695 is being proposed to incorporate this area as a part of the improvement project.. RESOLUTION NO. R 98 - A RESOLUTION OF THE DIAMOND BAR REDEVELOPMENT AGENCY AUTHORIZING PAYMENT BY THE AGENCY FOR PART OF THE COST OF THE INSTALLATION AND CONSTRUCTION OF STREET IMPROVEMENTS THE DIAMOND BAR REDEVELOPMENT AGENCY HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: Section 1. Pursuant to provisions of the Community Redevelopment Law (California Health and Safety Code Section 33000, et seal, and in particular Section 33445 thereof, the Diamond Bar Redevelopment Agency (the "Agency") proposes to pay for part of the cost of the installation and construction of street improvements, including design services in connection therewith, to Brea Canyon Road between Pathfinder and the Southerly City limits (the "Street Improvements"). The cost of the Street Improvements initially will be advanced by the City and will be reimbursed by the Agency pursuant to the Advance and Reimbursement Agreement by and between the Agency and the City of Diamond Bar attached hereto as Exhibit A (the "Agreement") . Section 2. The streets described in Section 1, above, serve the residents and taxpayers of the City, including the Diamond Bar Economic Revitalization Area (the "Project Area"). The Redevelopment Plan for the Project Area and the accompanying Report to City Council document, and the City Council has determined, that the Project Area is an area in which the combination of blighting conditions is so prevalent and so substantial that it causes a reduction of and lack of proper utilization of the area to such an extent that it constitutes a serious physical and economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise or governmental action, or both, without redevelopment. The Project Area suffers from deficiencies in the traffic circulation system, including safety hazards, a lack of adequate streetscape improvements, awkward alignment, varying street widths, complicated traffic patterns and congestion. Inadequate access to the Project Area and the lack of adequate streetscaping discourages visitors for patronizing businesses in the Project Area thereby hindering economic development opportunities and contributing to the existence of depreciated and stagnant property values, impaired investments, high business vacancies, and low lease rates in the Project Area. The installation and construction of the Street Improvements will assist in ameliorating the above-described traffic circulation deficiencies and assist in the elimination of blight within the Project Area which are caused by inadequate public improvements and adverse economic conditions. The provision of the Street Improvements will encourage business patronage and thereby assist in stimulating the revitalization of the Project Area through private sector activity in the Project Area. Section 3. Due to budget constraints of the City, the cost of the Street Improvements has been allocated to the Agency. Except for the moneys advanced by the City and to be reimbursed by the Agency pursuant to the Agreement, no moneys of the City are available to pay for such costs. The budget constraints of the City prevent the City from financing the Street Improvements by any means. Traditional methods of financing, such as the issuance of general obligation bonds by the City, are unavailable as a practical matter because of the extraordinary majority voter approval requirements of two-thirds of the electorate. Special taxes also require a two-thirds vote of the electorate. Assessment financing is subject to a majority protest and may not be an appropriate method of financing street improvements having general benefits. Section 4. The Agency hereby finds and determines that based upon the foregoing and other information presented to the Agency: (i) the Street Improvements will be of benefit to the Project Area and to the immediate neighborhood in which the project is located; (ii) no other reasonable means of financing the Street Improvements is available to the City; and (iii) the payment of funds for the Street Improvements will assist in the elimination of blighting conditions inside the Project Area by remedying the lack of adequate public improvements, which in turn will encourage private sector investment in the Project Area and thereby assist in remedying adverse economic blighting conditions in the Project Area such as depreciated and stagnant property values, impaired investments, high business vacancies, low lease rates, and is consistent with the Agency's implementation plan adopted pursuant to Health and Safety Code Section 33490. Section 5. The Agreement attached hereto as Exhibit A is hereby approved. The Chair of the Agency is hereby authorized and directed, for and in the name and on behalf of the Agency, to execute and deliver the Agreement in substantially the form hereby approved, with such additions or changes as the Agency may approve, such approval to be conclusively evidenced by his execution and delivery thereof Section 6. The Agency hereby authorizes and approves payment by the Agency for all or a part of the cost of the Street Improvements pursuant to the Agreement from any revenues of the Agency lawfully available therefor. PASSED, APPROVED and ADOPTED this day of , 1998. Eileen R. Ansari, Chair I, LYNDA BURGESS, Agency Secretary of the Diamond Bar Redevelopment Agency, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the Redevelopment Agency held on the day of , 1998 by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Attest: Lynda Burgess, Secretary CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Honorable Chair and Board Members MEETING DATE: December 15, 1998 REPORT DATE: December 8, 1998 FROM: Terrence L. Belanger, Executive Director TITLE: Contract Amendment for Dewan, Lundin & Associates for the Brea Canyon Road between Pathfinder Road and the Southerly City Limits and Brea Canyon Cut -Off Road between Diamond Bar Boulevard and the Westerly City Limits Streetscape and Street Improvement Project. SUMMARY: On February 17, 1998, the Redevelopment Agency awarded Dewan, Lundin & Associates (DL&A) the professional design contract in the amount of $136,810.00 for the Brea Canyon Road between Pathfinder Road and the Southerly City Limits and Brea Canyon Cut -Off Road between Diamond Bar Boulevard and the Westerly City Limits Streetscape and Street Improvement Project. To provide consistent and continuous streetscape along both sides of Brea Canyon Road, staff began discussing the enhancement possibilities with Caltrans in October. Previously, Caltrans has not been amicable to any proposed improvements/maintenance of local cities within their right-of-way. Caltrans staff has responded favorably to our intent and requested that a master plan with a letter of intent be provided. At staff's request, DL&A has given the fee proposal for the additional streetscape design work to include the west side of Brea Canyon Road between Pathfinder Road and the southerly city limits. Modification requested includes coordination with Caltrans to work within their right- of-way in order to provide the additional landscaping and irrigation on the westerly side of Brea Canyon Road. RECOMMENDATION: That the Redevelopment Agency approve and authorize the Chair to execute the contract amendment with Dewan, Lundin & Associates for the Brea Canyon Road between Pathfinder Road and the Southerly City Limits and Brea Canyon Cut -Off Road between Diamond Bar Boulevard and the Westerly City Limits Streetscape and Street Improvement Project, in an amount not to exceed $34,695.00. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification _ Resolution(s) _ Bid Specification (on file in City Clerk's Office) _ Ordinances(s) x Other: Dewan, Lundin & Associates' Proposal x Agreement(s) SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed N/A s 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 REVIEWED BY: Terrence L. Belai#er Jam s DeStefano David G. Liu City Manager Deputy City Manager Deputy Director of Public Works REDEVELOPMENT AGENCY 1ZEPOKY DATE: December 15, 1998 AGENDA NO. TO: Honorable Chair and Board Members FROM: Terrence L. Belanger, Executive Direc%r SUBJECT: Contract Amendment for Dewan, Lundin & Associates for the Brea Canyon Road between Pathfinder Road and the Southerly City Limits and Brea Canyon Cut -Off Road between Diamond Bar Boulevard and the Westerly City Limits Streetscape and Street Improvement Project. ISSUE STATEMENT Consideration of an amendment to an existing contract for professional design services for the Brea Canyon Road between Pathfinder Road and the Southerly City Limits and Brea Canyon Cut -Off Road between Diamond Bar Boulevard and the Westerly City Limits Streetscape and Street Improvement Project RECOMMENDATION That the Redevelopment Agency approve and authorize the Chair to execute the contract amendment with Dewan, Lundin & Associates for the Brea Canyon Road between Pathfinder Road and the Southerly City Limits and Brea Canyon Cut -Off Road between Diamond Bar Boulevard and the Westerly City Limits Streetscape and Street Improvement Project, in an amount not to exceed $34,695.00. FINANCIAL SUMMARY Originally $150,810.00 ($136,810.00 contract amount and $14,000.00 contingency) was allocated from the Redevelopment Agency. An additional $34,695.00 is requested to be allocated by the Redevelopment Agency. BACKGROUND On February 17, 1998, the Redevelopment Agency awarded Dewan, Lundin & Associates (DL&A) the professional design contract in the amount of $136,810.00 for the Brea Canyon Road between Pathfinder Road and the Southerly City Limits and Brea Canyon Cut -Off Road between Diamond Bar Boulevard and the Westerly City Limits Streetscape and Street Improvement Project. To provide consistent and continuous streetscape along both sides of Brea Canyon Road, staff began discussing the enhancement possibilities with Caltrans in October. Previously, Caltrans has not been amicable to any proposed improvements/maintenance of local cities within their right-of-way. However, Caltrans staff has responded favorably to our intent and requested that a master plan with a letter of intent be provided. At staff's request, DL&A has given the fee proposal for the additional streetscape design work to include the west side of Brea Canyon Road between Pathfinder Road and the southerly city limits. Modification requested includes coordination with Caltrans to work within their right-of-way in order to provide the additional landscaping and irrigation on the westerly side of Brea Canyon Road. This additional scope of work will require additional services from Dewan, Lundin & Associates and their subconsultant Pat Hirsch & Associates. To incorporate this area, additional aerial and ground surveys will need to be done, as well as preparation of landscape and irrigation improvement plans. Lighting plans for pedestrian walkway along the easterly side of Brea Canyon Road will also be done and coordination with Caltrans will be required. An additional $34,695.00 is requested for this additional scope of work, with the proposed total contract amount of $171,505.00. AMENDMENT NO. 1 TO THE AGENCY'S CONSULTING SERVICES AGREEMENT This Agreement (Amendment No. 1) is made and entered into this 15th day of D c m bgr 1998, between the REDEVELOPMENT AGENCY OF THE CITY OF DIAMOND BAR, a Municipal Corporation (hereinafter referred to as "AGENCY") and Dewan; Lundin & Associates (hereinafter referred to as "CONSULTANT"). A. RECITALS: (i.) The AGENCY entered into an Agreement, with DOE" Lundin & Associates to provide Professional Engineering Services, which the Agreement was dated February 17 1998. (ii.) CONSULTANT submitted a proposal, a full, true and correct copy of which is attached hereto as Exhibit "E" to increase the contract amount by $34,695.00. NOW, THEREFORE, it is agreed by and between AGENCY and CONSULTANT: S ion 1: Section 1. A. Scope of Services of the Agreement is hereby amended to read as follows: "A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibits "B", "C", "D" and "E" for the Brea Canyon Road between Pathfinder Road and the Southerly City Limits and Brea Canyon Cut -Off Road between Diamond Bar Boulevard and the Westerly City Limits Streetscape and Street Improvement Project, the Consultant's Response, dated November. H, 1997, January 18 1998 January 20. 1998 and November 23 1998 to the Agency's Request for Proposals." Section 2: Section 1. B. Level of Services/Time of Performance of the Agreement is hereby amended to read as follows: "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 Exhibits "B", "C", "D" and "E." Section 3: Section 3 of the Agreement is hereby amended to read as follows: Compensation. "Agency agrees to compensate Consultant for each service which Consultant performs to the satisfaction of Agency in compliance with the schedule set forth in Exhibits "B", "C", "D" and "E." Payment will be made only after submission of Proper invoices in the form specified by Agency. Total payment to Consultant pursuant to this Agreement shall not exceed One Hu_ ndred Seventy One Thousand and Five Hundred and Five dollars ($171.505.00). Section 4: Each party to this Amendment No. 1 acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Amendment No. 1 shall be valid and binding. Any modification of this Amendment No. 1 shall be effective only if it is in writing signed by the parties. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 as of the day and year first set forth above: APPROVED AS TO FORM: General Counsel ATTEST: Agency Secretary DATE: CONSULTANT: DEWAN, LUNDIN & ASSOCIATES Surender Dewan Principal REDEVELOPMENT AGENCY OF THE CITY OF DIAMOND BAR Chair DIAMOND BAR REDEVELOPMENT AGENCY AGENDA REPORT AGENDA NO. TO: Honorable Chairman and Agency Board Members MEETING DATE: December 15, 1998 REPORT DATE: December 10, 1998 FROM: Terrence L. Belanger, Agency Executive Director TITLE: Transmittal of Annual Financial Report and Final Audit Report for the year ended June 30, 1998. SUMMARY: The Agency's audit firm of Conrad and Associates, L.L.P. has prepared the Fiscal Year 1997-98 Annual Financial Statement and Independent Auditor's Report for the Redevelopment Agency. RECOMMENDATION: Receive and file the Fiscal Year 1997-98 Annual Financial Statement and Independent Auditor's Report for the Redevelopment Agency. LIST OF ATTACHMENTS: _ Staff Report _ Public Hearing Notification _ Resolution(s) _ Bid Spec (on file in City Clerk's Office) _ Ordinances(s) XX Other _TY 97-98 Financial Statement, Audit Report Agreement(s) SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed _ Yes_ No 2. Does the report require a majority or 4/5 vote? _ Yes_ No 3. Has environmental impact been assessed? _ Yes_ No 4. Has the report been reviewed by a Commission? _ Yes_ No 5. Are other departments affected by the report? _ Yes_ No Report discussed with the following affected departments: REVIEWED BY: ("1344��6 Terrence L. Belan er Agency Executive Wrector Linda G. Magnus Asst. Finance Director