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HomeMy WebLinkAbout2/17/1998Cit couytctf AGENDA Tuesday, February 17,1998 4:00 p.m. Study Session CC -3&5 6:30 p.m. Regular Meeting South Coast Air Quality Management District Auditorium 21865 East Copley Drive DiamondBar, California 91765 Mayor Mayor Pro Tem Council Member Council Member Council Member City Manager City Attorney City Clerk Carol Herrera Wen Chang Eileen Ansari Bob Huff Debby O'Connor 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. PUBLIC INPUT The meetings of the Diamond Bar City Council are open to the public. A member of the public may address the Council on the subject of one or more agenda items and/or other items of which are within the subject matter jurisdiction of the Diamond Bar City Council. A request to address the Council should be submitted in writing to the City Clerk. As a general rule the opportunity for public comments will take place at the discretion of the Chair. However, in order to facilitate the meeting, persons who are interested parties for an item may be requested to give their presentation at the time the item is called on the calendar. The Chair may limit the public input on any item or the total amount of time allocated for public testimony based on the number of people requesting to speak and the business of the Council. Individuals are requested to refrain from personal attacks toward Council Members or other persons. Comments which are not conducive to a positive business meeting environment are viewed as attacks against the entire City Council and will not be tolerated. If not complied with, you will forfeit your remaining time as ordered by the Chair. Your cooperation is greatly appreciated. In accordance with Government Code Section 54954.3(a) the Chair may from time to time dispense with public comment on items previously considered by the Council. (Does not apply to Committee meetings) In accordance with State Law (Brown Act), all matters to be acted on by the City Council must be posted at least 72 hours prior to the Council meeting. In cases of emergency or when a subject matter arises subsequent to the posting of the agenda, upon making certain findings, the Council may act on an item that is not on the posted agenda. CONDUCT IN THE CITY COUNCIL CHAMBERS The Chair shall order removed from the Council Chambers any person who commits the following acts in respect to a regular or special meeting of the Diamond Bar City Council. A. Disorderly behavior toward the Council or any member of the thereof, tending to interrupt the due and orderly course of said meeting. B. A breach of the peace, boisterous conduct or violent disturbance, tending to interrupt the due and orderly course of said meeting. C. Disobedience of any lawful order of the Chair, which shall include an order to be seated or to refrain from addressing the Board; and D. Any other unlawful interference with the due and orderly conduct of said meeting. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL Agendas for the regular Diamond Bar City Council meetings are prepared by the City Clerk and are available 72 hours prior to the meeting. Agendas are available electronically and may be accessed by a personal computer through a phone modem. Every meeting of the City Council is recorded on cassette tapes and duplicate tapes are available for a nominal charge. ADA REQUIREMENTS A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. Sign language interpreter services are also available by giving notice at least three business days in advance of the meeting. Please telephone (909) 860-2489 between 8 a.m. and 5 p.m. Monday through Friday. HELPFUL PHONE NUMBERS Copies of Agenda, Rules of the Council, Cassette Tapes of Meetings (909) 860-2489 Computer Access to Agendas (909) 860 -LINE General Information (909) 860-2489 NOTE: ACTION MAY BE TAKEN ON ANY ITEM IDENTIFIED ON THE AGENDA. Next Resolution No. 98-12 Next Ordinance No. 02(1998) STUDY SESSION - 4:00 p.m. CC -3&5 a. Development Code b. Diamond Bar Ranch Festival C. Council Goals & Objectives 1. CLOSED SESSION: 2. CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL: None 6:30 p.m., February 17, 1998 Mayor Pastor Gordon Lee, River of Life Community Church Council Members Ansari, Huff, O'Connor, Mayor Pro Tem Chang, Mayor Herrera APPROVAL OF AGENDA: Mayor 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 4. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is voluntary) There is a five minute maximum time limit when addressing the City Council, 5. SCHEDULE OF FUTURE EVENTS: 5.1 PLANNING COMMISSION - February 24, 1998 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.2 PARKS & RECREATION COMMISSION - February 26, 1998 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.3 CITY COUNCIL MEETING - March 3, 1998 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.4 PLANNING COMMISSION - March 10, 1998 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. FEBRUARY 17, 1998 PAGE 2 5.5 SOLID WASTE TASK FORCE - March 11, 1998 - 6:30 p.m., AQMD Rooms CC -3 & 5, 21865 E. Copley Dr. 5.6 OFF-SITE PARKING - March 11, 1998 - 6:30 p.m., AQMD Room CC -2, 21865 E. Copley Dr. 5.7 TRAFFIC & TRANSPORTATION COMMISSION - March 12, 1998 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 6. CONSENT CALENDAR: 6.1 APPROVAL OF MINUTES - Regular Meeting of February 3, 1998 - Approve as submitted. Requested by: City Clerk 6.2 TRAFFIC & TRANSPORTATION COMMISSION MINUTES: 6.2.1 School Study Public Workshop #2 of October 2, 1997 - Receive and File. 6.2.2 Regular Meeting of October 9, 1997 - Receive and File. 6.2.3 Regular Meeting of November 13, 1997 - Receive and File. 6.2.4 Brea Canyon Rd. Streetscape Improvement Project Workshop - November 20, 1997 - Receive and File. Requested by: Public Works Division 6.3 PLANNING COMMISSION MINUTES - Regular Meeting of January 13, 1998 - Receive and File. Requested by: Planning Division 6.4 VOUCHER REGISTER - Approve Voucher Register dated February 17, 1998 in the amount of $222,086.62. Requested by: City Manager 6.5 AWARD OF PROFESSIONAL SERVICES AGREEMENT FOR DESIGN OF AMERICANS WITH DISABILITIES ACT (ADA) RETRO -FIT OF HERITAGE AND RONALD REAGAN PARKS - The Americans with Disabilities Act of 1990 (ADA) mandates that public parks be accessible to the handicapped. The City has a program for retro -fitting City parks to meet this federal mandate, and has thus far completed two park retro -fit projects. In order to complete its next two retro -fit projects, Heritage and Ronald Reagan parks, the City requires a design consultant. A request for proposals (RFP) has been released and eight firms responded with proposals. The three most qualified firms were FEBRUARY 17, 1998 PAGE 3 interviewed and staff is recommending an award of contract to David Evans & Associates. Recommended Action: It is recommended that the City Council award a contract for design of plans and specifications for the ADA Retro -fit of Heritage and Ronald Reagan parks to David Evans & Associates in an amount not to exceed $38,770, plus a contingency of $2,000 for a total of $40,770. Requested by: Community Services Division 6.6 AWARD OF .DESIGN SERVICES On October 10, 1997, the proposals for design improvement projects - Seal Area 1 Project. On were received. Staff services contract to the FOR AREA 1 SLURRY SEAL PROJECT - Public Works Division solicited services for various street among these, the 1997-98 Slurry November 12, 1997, 14 proposals purposes to award the design most qualified consultant. Recommended Action: It is recommended that the City Council award the 1997-98 Slurry Seal Area 1 Project design services contract to GFB-Friedrich & Associates, in an amount not to exceed $21,626. Furthermore, it is recommended that the City Council authorize an amount of $2,200 for contract amendment(s) to be approved by the City Manager, for a total authorization of $23,826. Requested by: Public Works Division 6.7 CONSULTING SERVICES AGREEMENT WITH AUSTIN-FOUST ASSOCIATES, INC., FOR FACILITATION OF THE CITY OF DIAMOND BAR OFF-STREET PARKING TASK FORCE - Council has established an Off -Site Parking Task Force composed of twenty-five members representing several sectors of the community. To guide this Task Force, the City requires an experienced facilitator/special technical consultant and staff recommends Austin -Foust Associates, Inc. for this assignment because the firm has considerable municipal experience in facilitation of local issues. Recommended Action: It is recommended that the City Council (a) transfer $16,500 from unappropriated General Fund Balance to the appropriated Traffic and Transportation Contract Services account, (b) approve and authorize the Mayor to execute the Consulting Services Agreement with Austin -Foust Associates, Inc., in an amount not -to -exceed $15,000 and provide for an amount of $1,500 for additional work to be approved by the City Manager for a total authorization amount of $16,500. Requested by: Public Works Division 6.8 RESOLUTION NO. 98 -XX: A JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF LOS ANGELES COUNTY ACTING ON BEHALF OF LOS FEBRUARY 17, 1998 PAGE 4 ANGELES COUNTY GENERAL FUND, LOS ANGELES COUNTY LIBRARY, LOS ANGELES COUNTY FLOOD CONTROL, LOS ANGELES COUNTY FIRE - FFW THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 21 OF LOS ANGELES COUNTY, AND THE GOVERNING BODIES OF CITY OF DIAMOND BAR, GREATER LOS ANGELES VECTOR CONTROL DISTRICT, THREE VALLEYS MUNICIPAL WATER DISTRICT APPROVING AND ACCEPTING NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUES RESULTING FROM ANNEXATION TO COUNTY SANITATION DISTRICT NO. 21 - Prior to the effective date of "Annexation No. 66211, which relates to the annexation of Diamond Ranch High School to County Sanitation District No. 21, affected agencies must approve and accept the negotiated exchange of property tax revenue. Due to the property being owned by the School District, the property is not assessed property taxes. The County Sanitation District requires the tax sharing resolutions in case the property is sold or ownership transferred. Property tax revenues would not be exchanged or shared as long as Pomona Unified School District owns the property. Recommended Action: It is recommended that the City Council adopt Resolution No. 98 -XX which transfers a portion of the annual tax increment attributable to Diamond Ranch High School from the City to L.A. County Sanitation District No. 21. Requested by: City Manager 6.9 EXTENSION OF WEST COAST ARBORISTS CONTRACT - The City has a contract with West Coast Arborists to perform street tree maintenance duties. Due to the large demand for service this fiscal year, it is necessary to increase the contract amount to continue offering responsive street tree maintenance this fiscal year. The current contract is for $45,000. Staff is seeking an increase in this amount of $10,000, raising the total authorized contract amount to $55,000. There are already funds budgeted in the 1997/98 FY budget for this increase. Recommended Action: It is recommended that the City Council authorize additional street tree maintenance work to be performed by West Coast Arborists for the 1997/98 FY, in a total amount not to exceed $55,000. Requested by: Community Services Division 7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as matters can be heard. None 8. OLD BUSINESS: None 9. NEW BUSINESS: 9.1 REORGANIZATION OF CITY ORGANIZATIONAL STRUCTURE AND ALLOCATION OF STAFF RESOURCES - The ever increasing FEBRUARY 17, 1998 PAGE 5 emphasis on economic development planning and programs, as well as redevelopment programs and projects creates the need to reorganize the City's organizational structure and reallocate City and Agency resources. Recommended Action: It is recommended that the City Council approve the reorganization plan as outlined within the report; authorize the City Manager to implement the required documents and to accomplish said reorganization including necessary changes in budget and personnel. Requested by: City Manager 9.2 APPOINTMENT OF COMMISSIONERS TO THE PLANNING, PARKS AND RECREATION AND TRAFFIC AND TRANSPORTATION COMMISSIONS Requested by: City Council 9.3 RESOLUTION NO. 98 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING ADVANCE AND REIMBURSEMENT AGREEMENT NUMBER 7 WITH THE DIAMOND BAR REDEVELOPMENT AGENCY - Since April, 1996, the City has provided personnel resources to the Redevelopment Agency. As the activities of the Agency expand, it is now the City's desire to allocate appropriate personnel costs to the Agency, the cost of which is anticipated to be approximately $65,000 through the end of F-98. The Agency mid -year Budget amendment proposes an increase to several other administrative budgetary line items in the amount of $25,500. The current Agency Budget includes $20,000 for which there has not been an Advance and Reimbursement Agreement implemented. It is being recommended that this amount be included within the proposed Advance and Reimbursement Agreement No. 7. Recommended Action: It is recommended that the City Council adopt Resolution No. 98 -XX approving Advance and Reimbursement Agreement No. 7 with the Diamond Bar Redevelopment Agency in the amount of $110,500. Requested by: City Manager 9.4 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 - The Redevelopment Agency adopted its Economic Revitalization Area Plan in July 1997. One of the major tenets of the plan is to improve the area's infrastructure. The Agency is now ready to commence some of the improvements by awarding engineering design contracts. Costs related to the contracts is anticipated to be $328,120. Recommended Action: It is recommended that the City FEBRUARY 17, 1998 PAGE 6 Council adopt Resolution No. 98 -XX authorizing payment by the Agency for part of the cost of installation and constructionmprovements by way of Advance and Reimbursement Agreement No. P1 in the amount of $328,120. Requested by: City Manager RECESS TO REDEVELOPMENT AGENCY MEETING Next Resolution No. 98-02 1. CALL TO ORDER: Chairman Huff ROLL CALL: Agency Members Chang, Herrera, O'Connor, VC/Ansari, C/Huff 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 Agency Secretary (completion of this form is voluntary), There is a five minute maximum time limit when addressing the Redevelopment Agency, 3. CONSENT CALENDAR: 3.1 APPROVAL OF MINUTES - Regular Meeting of February 3, 1998 - Approve as submitted. Requested by: Agency Secretary 3.2 RESOLUTION NO. R98 -XX: A RESOLUTION OF THE DIAMOND BAR REDEVELOPMENT AGENCY APPROVING ADVANCE AND REIMBURSEMENT AGREEMENT NUMBER 7 WITH THE CITY OF DIAMOND BAR - Since April, 1996, the City has provided personnel resources to the Redevelopment Agency. As the activities of the Agency expand, it is now the City's desire to allocate appropriate personnel costs to the Agency, the cost of which is anticipated to be approximately $65,000 through the end of FY97-98. The current Agency Budget includes $20,000 for which there has not been an Advance and Reimbursement Agreement implemented. It is being recommended that this amount be included within the proposed Advance and Reimbursement Agreement No. 7. Recommended Action: It is recommended that the Redevelopment Agency adopt Resolution No. R98 -XX approving Advance and Reimbursement Agreement No. 7 with the City of Diamond Bar in the amount of $110,500. FEBRUARY 17, 1998 PAGE 7 Requested by: Executive Director 3.3 RESOLUTION NO. R98 -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 - The Agency adopted the Economic Revitalization Area Plan in July 1997. One of the major tenets of this plan is improvement of the area's infrastructure. The Agency is now ready to commence some of these improvements by awarding engineering design contracts for the improvements outlined in Agenda Item 3.4 below. Recommended Action: It is recommended that the Redevelopment Agency adopt Resolution No. R98 -XX authorizing payment by the Agency for part of the cost of installation and construction of street improvements by way of Advance and Reimbursement Agreement No. P1 in the amount of $318,120. Requested by: Executive Director 3.4 AWARD OF ENGINEERING DESIGN SERVICES FOR VARIOUS STREET IMPROVEMENT PROJECTS - On October 10, 1997, the Public Works Division solicited proposals for design services of public street improvements on 1) Brea Canyon Rd. between Golden Spgs. Dr. and Pathfinder Rd.; 2) Brea Canyon Rd. between Pathfinder Rd. and the southerly City Limits and Brea Canyon Cut -Off Rd. between D.B. Blvd. and the westerly City Limits; 3) Golden Spgs. Dr. between Brea Canyon Rd. and the westerly City Limits and Lemon Ave. between Golden Spgs. Dr. and the northerly City Limits; and 4) Golden Spgs. Dr. between Grand Ave. and Torito Ln. On November 12, 1997, 27 proposals were received. Staff proposes to award the design services contract to the most qualified consultants. Recommended Action: It is recommended that the Redevelopment Agency award engineering design services contracts for 1) Brea Canyon Rd. between Golden Spgs. Dr. and Pathfinder Rd. to Norris-Repke, Inc. ($56,123; contingency $6000); 2) Brea Canyon Rd. between Pathfinder Rd. and the southerly City Limits and Brea Canyon Cut -Off Rd. between D.B. Blvd. and the westerly City Limits to Dewan, Lundin & Associates ($136,810; contingency $14,000); 3) Golden Spgs. Dr. between Brea Canyon Rd. and the westerly City Limits and Lemon Ave. between Golden Spgs. Dr. and the northerly City Limits to INCA Engineers ($75,346; contingency $8000); and 4) Golden Spgs. Dr. between Grand Ave. and Torito Ln. to Hall & Foreman Inc. ($28,840: contingency $3000). These projects represent a total amount not -to -exceed $297,119 and a total contingency of $31,000 for contract amendment(s) to be approved by the Executive Director, for a total authorization amount of $328,119. FEBRUARY 17, 1998 PAGE 8 Requested by: Executive Director 4. PUBLIC HEARINGS: 5. OLD BUSINESS: 5.1 BUDGET MODIFICATION - The currently approved FY97-98 Redevelopment Budget has appropriations in the amount of $59,750. The proposed amendment suggests an increase of $418,620 in appropriations, for a total of $477,870. Of this amount, $328,120 is being allocated to fund engineering design services for several road improvement projects which are included in the Economic Revitalization Project Area. $65,000 is being reserved for allocation of redevelopment agency -related personnel costs to the Agency. The balance of $25,500 is being allocated to several other budgetary line items. Recommended Action: It is recommended that the Redevelopment Agency approve the adjustments to the FY 1997-98 Budget. Requested by: Executive Director 6. NEW BUSINESS: 7. AGENCY MEMBER COMMENTS: Items raised by individual Agency Members are for Agency discussion. Direction may be given at this meeting or the item may be scheduled for action at a future meeting. AGENCY ADJOURNMENT: RECONVENE CITY COUNCIL MEETING: 10. COUNCIL SUB -COMMITTEE REPORTS: 11. COUNCIL MEMBER COMMENTS: Items raised by individual Council Members are for City Council discussion. Direction may be given at this meeting or the item may be scheduled for action at a future meeting. 12. ADJOURNMENT: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: ; lcn-' DATE: ADDRESS: I ` V1 -t Ti4v,,l PHONE: LIC, % ORGANIZATION: AGENDA #/SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL I� 'TO: CITY CLERK FROM: (IL 77 DATE: % ADDRESS:PHONE: ORGANIZATION: AGENDA #/SUBJECT: �1C_ I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. C Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL 'TO: CITY CLERK FROM: DATE: ;�i` �7, ADDRESS: PHONE: ORGANIZATION: AGENDA #/SUBJECT: /� 171 i expect to address the Council on the subject a�inda item. Please have the Council Minutes reflect my name and address as written above. I 9M CITY OF DIAMOND BAR "QUICK CAP" MINUTES FEBRUARY 17, 1998 STUDY SESSION - 4:00 p.m. CC -3&5 a. Development Code b. Diamond Bar Ranch Festival C. Council Goals & Objectives ADJOURNED STUDY SESSION - 6:25 p.m. 1. CLOSED SESSION: None 2. CALL TO ORDER: 6:43 p.m. PLEDGE OF ALLEGIANCE: Alan Wilson INVOCATION: Pastor Gordon Lee, River of Life Community Church ROLL CALL: Council Members Huff, O'Connor, Mayor Pro Tem Chang, Mayor Herrera. Council Member Ansari was excused. Also present were: Terrence L. Belanger, City Manager; Amanda Susskind, City Attorney; James DeStefano; Deputy City Manager; Frank Usher, Deputy City Manager; David Liu, Deputy Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Assistant Finance Manager and Lynda Burgess, City Clerk. APPROVAL OF AGENDA: Consensus. 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 4. PUBLIC COMMENTS: Clyde Hennessee commented about the purposes of the Off-site Parking Task Force. Withdrew as a member of the Task Force. Don Gravdahl - Asked that 6.7 be withdrawn from the Consent Calendar. Alan Hart - Youth services/sports - ,asked that D.B. conduct its own youth sports programs rather than contracting out these services to Brea. Wants to keep the staff but as City employees rather than Brea employees. 5. SCHEDULE OF FUTURE EVENTS: 5.1 PLANNING COMMISSION - February 24, 1998 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.2 OFF-SITE PARKING - February 25, 1998 - 6:30 p.m., AQMD. 5.3 PARKS & RECREATION COMMISSION - February 26, 1998 - 7:00 FEBRUARY 17, 1998 PAGE 2 6. CONSENT CALENDAR: Motion by MPT/Chang, seconded by C/O'Connor to approve the Consent Calendar with the exception of Item No. 6.7. Motion carried 4-1 (Ansari absent) by Roll Call vote. 6.1 APPROVED MINUTES - Regular Meeting of February 3, 1998 - As submitted. 6.2 RECEIVED & FILED TRAFFIC & TRANSPORTATION COMMISSION MINUTES: 6.2.1 School Study Public Workshop #2 of October 2, 1997. 6.2.2 Regular Meeting of October 9, 1997. 6.2.3 Regular Meeting of November 13, 1997. 6.2.4 Brea Canyon Rd. Streetscape Improvement Project Workshop - November 20, 1997. 6.3 RECEIVED & FILED PLANNING COMMISSION MINUTES - Regular Meeting of January 13, 1998. 6.4 APPROVED VOUCHER REGISTER - dated February 17, 1998 in the amount of $222,086.62. 6.5 AWARDED PROFESSIONAL SERVICES AGREEMENT FOR DESIGN OF AMERICANS WITH DISABILITIES ACT (ADA) RETRO -FIT OF HERITAGE AND RONALD REAGAN PARKS - to David Evans & Associates in an amount not to exceed $38,770, plus a contingency of $2,000 for a total of $40,770. 6.6 AWARDED DESIGN SERVICES FOR AREA 1 SLURRY SEAL PROJECT - to GFB-Friedrich & Associates, in an amount not to exceed $21,626 and authorized an amount of $2,200 for contract amendment(s) to be approved by the City Manager, for a total authorization of $23,826. 6.8 ADOPTED RESOLUTION NO. 98-12: A JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF LOS ANGELES COUNTY ACTING ON BEHALF OF LOS ANGELES COUNTY GENERAL FUND, LOS ANGELES COUNTY LIBRARY, LOS ANGELES COUNTY FLOOD CONTROL, LOS p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.4 CITY COUNCIL MEETING - March 3, 1998 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.5 PLANNING COMMISSION - March 10, 1998 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.6 SOLID WASTE TASK FORCE - March 11, 1998 - 6:30 p.m., AQMD Rooms CC -3 & 5, 21865 E. Copley Dr. 5.7 OFF-SITE PARKING - March 11, 1998 - 6:30 p.m., AQMD Room CC -2, 21865 E. Copley Dr. 5.8 TRAFFIC & TRANSPORTATION COMMISSION - March 12, 1998 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 6. CONSENT CALENDAR: Motion by MPT/Chang, seconded by C/O'Connor to approve the Consent Calendar with the exception of Item No. 6.7. Motion carried 4-1 (Ansari absent) by Roll Call vote. 6.1 APPROVED MINUTES - Regular Meeting of February 3, 1998 - As submitted. 6.2 RECEIVED & FILED TRAFFIC & TRANSPORTATION COMMISSION MINUTES: 6.2.1 School Study Public Workshop #2 of October 2, 1997. 6.2.2 Regular Meeting of October 9, 1997. 6.2.3 Regular Meeting of November 13, 1997. 6.2.4 Brea Canyon Rd. Streetscape Improvement Project Workshop - November 20, 1997. 6.3 RECEIVED & FILED PLANNING COMMISSION MINUTES - Regular Meeting of January 13, 1998. 6.4 APPROVED VOUCHER REGISTER - dated February 17, 1998 in the amount of $222,086.62. 6.5 AWARDED PROFESSIONAL SERVICES AGREEMENT FOR DESIGN OF AMERICANS WITH DISABILITIES ACT (ADA) RETRO -FIT OF HERITAGE AND RONALD REAGAN PARKS - to David Evans & Associates in an amount not to exceed $38,770, plus a contingency of $2,000 for a total of $40,770. 6.6 AWARDED DESIGN SERVICES FOR AREA 1 SLURRY SEAL PROJECT - to GFB-Friedrich & Associates, in an amount not to exceed $21,626 and authorized an amount of $2,200 for contract amendment(s) to be approved by the City Manager, for a total authorization of $23,826. 6.8 ADOPTED RESOLUTION NO. 98-12: A JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF LOS ANGELES COUNTY ACTING ON BEHALF OF LOS ANGELES COUNTY GENERAL FUND, LOS ANGELES COUNTY LIBRARY, LOS ANGELES COUNTY FLOOD CONTROL, LOS FEBRUARY 17, 1998 PAGE 3 ANGELES COUNTY FIRE - FFW THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 21 OF LOS ANGELES COUNTY,' AND THE GOVERNING BODIES OF CITY OF DIAMOND BAR, GREATER LOS ANGELES VECTOR CONTROL DISTRICT, THREE VALLEYS MUNICIPAL WATER DISTRICT APPROVING AND ACCEPTING NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUES RESULTING FROM ANNEXATION TO COUNTY SANITATION DISTRICT NO. 21 - transferring a portion of the annual tax increment attributable to Diamond Ranch High School from the City to L.A. County Sanitation District No. 21. 6.9 EXTENDED WEST COAST ARBORISTS CONTRACT - authorized additional street tree maintenance work to be performed by West Coast Arborists for the 1997/98 FY, in a total amount not to exceed $55,000. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.7 CONSULTING SERVICES AGREEMENT WITH AUSTIN-FOUST ASSOCIATES, INC., FOR FACILITATION OF THE CITY OF DIAMOND BAR OFF-STREET PARKING TASK FORCE - transfer $9,400 from unappropriated General Fund Balance to the appropriated Traffic & Transportation Contract Services account, (b) approve and authorize the Mayor to execute the Consulting Services Agreement with Austin -Foust Associates, Inc., in an amount not -to -exceed $9,400. Don Gravdahl - Also a member of the Off -Site Parking Task Force - not comfortable with the term "facilitator." Not supportive of looking at what other cities are doing until the task force has thoroughly examined D.B.'s problems. MPT/Chang and C/O'Connor expressed concern that the City would be spending this money on a consultant at this time. This is a community -related matter and the committee should be reviewing the feelings of the public. Following discussion, C/Huff moved, M/Herrera seconded to allocate $5,000 for facilitator/staff support services. CM/Belanger suggested that Council retain consultant on "as needed" basis. MPT/Chang suggested that one more task force meeting be held to determine what areas should be specifically dealt with. Concentrate at next meeting on the subjects to be focused on. Motion carried 4-1 (Ansari absent) by Roll Call vote. 7. PUBLIC HEARINGS: None 8. OLD BUSINESS: None FEBRUARY 17, 1998 PAGE 4 9. NEW BUSINESS: 9.1 REORGANIZATION OF CITY ORGANIZATIONAL STRUCTURE AND ALLOCATION OF STAFF RESOURCES - Moved by C/Huff, seconded by MPT/Chang to approve the reorganization plan as outlined within the report; authorize the City Manager to implement the required documents and to accomplish said reorganization including necessary changes in budget and personnel. Motion carried 4-1 (Ansari absent) by Roll Call vote. 9.2 APPOINTMENT OF COMMISSIONERS TO THE PLANNING, PARKS & RECREATION AND TRAFFIC & TRANSPORTATION COMMISSIONS - Terms beginning March 1, 1998 and ending February 29, 2001. O'Connor: Karen Holder, Parks & Recreation Arun Virginkar, Traffic & Transportation Steve Tye, Planning Commission Huff: Roland Morris, Traffic & Transportation Joe McManus, Planning Commission Dan Nolan, Parks & Recreation Chang: Patty Anis, Parks & Recreation Scott Lin, Traffic & Transportation George Kuo, Planning Commission Herrera: Joe Ruzicka, Planning Commission Joyce Leonard -Colby, Traffic & Transportation Yvonne Pruitt, Parks & Recreation Motion by O'Connor, seconded by MPT/Chang to ratify the above appointments. Motion carried 4-1 (Ansari absent) by Roll Call vote. (Matter of appointments by C/Ansari continued to -March 3, 1998). 9.3 ADOPTED RESOLUTION NO. 98-13: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING ADVANCE AND REIMBURSEMENT AGREEMENT NUMBER 7 WITH THE DIAMOND BAR REDEVELOPMENT AGENCY - Motion by C/Huff, seconded by MPT/Chang to approve agreement no. 7 in the amount of $110,500. Motion carried 4-1 (C/Ansari absent) by Roll Call vote. 9.4 ADOPTED RESOLUTION NO. 98-14: 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 - Motion by MPT/Chang, seconded by C/Huff to authorize payment by way of Advance and Reimbursement Agreement No. Pl in the amount of $328,120. Motion carried 4-1 (Ansari absent) FEBRUARY 17, 1998 by Roll Call vote. PAGE 5 RECESS TO REDEVELOPMENT AGENCY MEETING - 8:06 p.m. Next Resolution No. 98-02 1. CALL TO ORDER: Chairman Huff ROLL CALL: Agency Members Chang, Herrera, O'Connor, Chairman Huff. Vice Chairman Ansari was excused. Also present were: Terrence L. Belanger, Executive Director; Amanda Susskind, Agency Attorney; James DeStefano; Deputy City Manager; Frank Usher, Deputy City Manager; David Liu, Deputy Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Assistant Finance Manager and Lynda Burgess, Agency Secretary. 2. PUBLIC COUNTS: None offered. 3. CONSENT CALENDAR: Motion by AM/Herrera, seconded by AM/Chang to approve Consent Calendar. Motion carried 4-1 (Ansari absent) by Roll Call vote. 3.1 APPROVED MINUTES - Regular Meeting of February 3, 1998 - As submitted. 3.2 ADOPTED RESOLUTION NO. R98-02: A RESOLUTION OF THE DIAMOND BAR REDEVELOPMENT AGENCY APPROVING ADVANCE AND REIMBURSEMENT AGREEMENT NUMBER 7 WITH THE CITY OF DIAMOND BAR - approving Advance and Reimbursement Agreement No. 7 with the City of D.B. in the amount of $110,500. 3.3 ADOPTED RESOLUTION NO. R98-03: 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 - by way of Advance and Reimbursement Agreement No. P1 in the amount of $320,120. 3.4 AWARDED ENGINEERING DESIGN SERVICES FOR VARIOUS STREET IMPROVEMENT PROJECTS - to award contracts as follows: 1) Brea Canyon Rd. between Golden Spgs. Dr. and Pathfinder Rd. to Norris-Repke, Inc. ($56,123; contingency $6000); 2) Brea Canyon Rd. between Pathfinder Rd. and the southerly City Limits and Brea Canyon Cut -Off Rd. between D.B. Blvd. and the westerly City Limits to Dewan, Lundin & Associates ($136,810; contingency $14,000); 3) Golden Spgs. Dr. between Brea Canyon Rd. and the westerly City Limits and Lemon Ave. between Golden Spgs. Dr. and the northerly City Limits to INCA Engineers ($75,346; contingency $8000); and 4) Golden Spgs. Dr. between Grand FEBRUARY 17, 1998 PAGE 6 Ave. and Torito Ln. to Hall & Foreman Inc. ($28,840: contingency $3000). These projects represent a total amount not -to -exceed $297,119 and a total contingency of $31,000 for contract amendment(s) to be approved by the Executive Director, for a total authorization amount of $328,119. 4. PUBLIC HEARINGS: None. 5. OLD BUSINESS: 5.1 BUDGET MODIFICATTON - Moved by AM/Herrera, seconded by AM/Chang to approve the adjustments to the FY 1997-98 Budget. Motion carried 4-1 (Ansari absent) by Roll Call vote. 6. NEW BUSINESS: None. 7. AGENCY MEMBER COMMENTS: AGENCY ADJOURNMENT: There being no further business to conduct, the meeting was adjourned at 8:13 p.m. RECONVENE CITY COUNCIL MEETING: 8:13 p.m. 10. COUNCIL SUB -COMMITTEE REPORTS: 11. COUNCIL MEMBER COMMENTS: 12. ADJOURNMENT: There being no further business to conduct, the meeting was adjourned at 8:37 p.m. MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR FEBRUARY 3, 1998 STUDY SESSION: 4:06 p.m., AQMD Room CC -2 a. Development Code b. City Council Goals STUDY SESSION ADJOURNED AT 6:15 P.M. 1. CLOSED SESSION: None M 2. CALL TO ORDER: Mayor Herrera called the meeting to order at 6:40 p.m. in the SCAQMD Auditorium, 21865 E. Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Todd Kurtin of SunCal Properties. INVOCATION: Dr. Robert T. Cassel, Northminster Presbyterian Church. ROLL CALL: Council Members Ansari, Huff, O'Connor, Mayor Pro Tem Chang and Mayor Herrera. Also present were: Terrence L. Belanger, City Manager; Amanda Susskind, Assistant City Attorney; James DeStefano, Deputy City Manager; Frank Usher, Deputy City Manager; David Liu, Deputy Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Assistant Finance Director and Lynda Burgess, City Clerk. APPROVAL OF AGENDA: The City Council concurred to approve the agenda as recommended. 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Presented City Tile to Seymour and Phyllis Markman, owners of Robin's Hallmark and Office Supply. 3.2 Presented City Tile to Michael P. Garofalo, Regional Administrator with the County of Los Angeles Public Library upon the event of his retirement. 4. PUBLIC COMMENTS: Jerry White, Director of the Walnut/D.B. YMCA, announced that the Y's annual support campaign kickoff will be held on Wednesday, February 4, 1998 at 5:00 p.m. at the Shilo Inn. He thanked Council Members Ansari and O'Connor for their assistance. Clyde Hennessee spoke about the importance of careful consideration for the content of the City's proposed Development Code. FEBRUARY 3, 1998 PAGE 2 CITY COUNCIL 5. SCHEDULE OF FUTURE EVENTS: 5.1 PLANNING COMMISSION MEETING - February 10, 1998 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.2 TRAFFIC AND TRANSPORTATION COMMISSION - February 12, 1998 - 7:00 p.m., AQMD Hearing Board Room, 21865 E. Copley Dr. 5.3 PARKS MASTER PLAN SUBCOMMITTEE MEETING - February 12, 1998 - 6:30 p.m., Rooms CC -3 and CC -5, 21865 E. Copley Dr. 5.4 PRESIDENT'S HOLIDAY - February 16, 1998 - In observance, City Offices will be closed. Offices will reopen on Tuesday, February 17, 1998. 5.5 CITY COUNCIL MEETING - February 17, 1998 - Work Session 4:00 p.m. and Regular Meeting 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: C/Huff moved, C/Ansari seconded, to approve the Consent Calendar as presented. 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 6.1 APPROVED MINUTES - Regular Meeting of January 20, 1998 - As amended. 6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES - Regular Meeting of December 9, 1997. 6.3 RECEIVED AND FILED PARKS AND RECREATION COMMISSION MINUTES - Regular Meeting of November 20, 1997. 6.4 APPROVED VOUCHER REGISTER dated February 3, 1998 in the amount of $587,920.84. 6.5 RECEIVED AND APPROVED TREASURER'S REPORT for December, 1997. 6.6 DENIED CLAIMS FOR DAMAGES AND REFERRED THE MATTERS FOR FURTHER ACTION TO CARL WARREN & CO., THE CITY'S RISK MANAGER: 6.6.1 Filed by Somchit Tanehaskdi on January 12, 1998. 6.6.2 Filed by Ruth Loudon on January 14, 1998. 6.7 ADOPTED RESOLUTION NO. 98-06: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND FEBRUARY 3, 1998 PAGE 3 CITY COUNCIL SPECIFICATIONS FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION TREE PLANTING PROJECT ALONG STATE ROUTES 57 AND 60 IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS - Received grant in the amount of $200,000. 6.8 ADOPTED RESOLUTION NO. 98-07: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING ADVANCE AND REIMBURSEMENT AGREEMENT NUMBER 6 WITH THE DIAMOND BAR REDEVELOPMENT AGENCY - in the amount of $11,000. 6.9 APPROVED CONTRACT AMENDMENT WITH URBAN DESIGN STUDIO FOR PREPARATION OF THE DEVELOPMENT CODE - to extend the contract through June, 1998 and increase the contract amount by $10,000. 6.10 APPROVED AMENDMENT NO. 4 TO THE CONSULTING SERVICES AGREEMENT WITH J. MICHAEL HULS, R.E.A., FOR FACILITATION OF THE CITY OF DIAMOND BAR SOLID WASTE STANDARDS TASK FORCE - authorized the Mayor to execute Amendment No. 4 with J. Michael Huls, R.E.A., in an amount not -to -exceed $3,000 and provide an amount of $500 for additional work to be approved by the City Manager, for a total authorization of $3,500. 7. PUBLIC HEARINGS: 7.1 RESOLUTION NO. 98-08: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING VESTING TENTATIVE TRACT MAP NO. 50314, AND CERTIFYING ENVIRONMENTAL. IMPACT REPORT NO. 97-1 (SCH 96-071104) AND APPROVING THE MITIGATION MONITORING PROGRAM SET FORTH THEREIN FOR A 15 LOT SUBDIVISION LOCATED SOUTHEAST OF THE MOST SOUTHERLY INTERSECTION OF STEEPLECHASE LANE AND WAGON TRAIN LANE, DIAMOND BAR, CALIFORNIA - Michael Houlihan, AICP, Michael Brandman Associates, presented an overview of the Draft Environmental Impact Report (DEIR) for Vesting Tentative Tract Map No. 50314 (VTTM 50314). C/Ansari asked Mr. Houlihan to comment on the California Fish & Wildlife Service's concerns regarding coastal sage and urban pollution runoff. Mr. Houlihan responded that, based upon the quantity and quality of coastal sage scrub found on the project site, it lacks suitability for providing a habitat for the Gnatcatcher. Therefore, the EIR does not recommend replacement. The proposed mitigation calls for coastal sage scrub and native grasses as part of the revegetation program. Runoff detention areas will capture pollutants prior to release of surface water into Tonner Canyon. In response to C/O'Connor, DCM/DeStefano explained that Mr. Houlihan FEBRUARY 3, 1998 PAGE 4 CITY COUNCIL responded to letters from the Endangered Habitats League and the U.S. Department of Interior and the documentation is included in the Response to Comment document of the Environmental Impact Report which was entered into the record at the Planning Commission meeting. Staff will provide copies of the responses to Council Mr. Houlihan responded to C/Ansari that the Buyers' Awareness brochure includes references to the preservation of development area wildlife. M/Herrera declared the Public Hearing open. Applicant Kurt Nelson, Windmill Development, 3480 Torrance Blvd., Suite 300, Torrance, stated that the Crystal Ridge Homeowners Association CC&R's contain a number of provisions to fulfill long-term environmental conditions and advice to homeowners regarding their proximity to the adjacent SEA and their associated responsibilities toward its preservation. He also spoke to Council Member's concerns about letters from governmental agencies questioning the EIR findings and Michael Brandman Associates' responses. In response to C/Ansari, Lex Williman, Hunsaker & Associates Planning Director, pointed out the ancient landslide area and outlined proposed measures to mitigate further landslide activity at the site. He stated that the City's geotechnical report's requirements for a tentative map require detailed responses. In response to C/O'Connor, Mr. Nelson stated that one individual and Windmill Development comprises the investor group. Responding to C/Huff, Mr. Nelson and DCM/DeStefano explained the oak tree replacement survival rate for Tracts 47850 and 47851. Due to the mortality rate, the replacement rate proposed for this project is 4:1. The native genetic seed stock is recycled for replacement use to preserve genetic structure of the site. Responding to C/Huff, Mr. Nelson supported the idea of printing the Buyers' Awareness Package in Chinese. He explained the status of the homeowners association's efforts to annex to "The Country Estates" and stated that the Crystal Ridge Homeowners Association fulfills a number of the City's conditions which "The Country Estates" Homeowners Association does not enjoy. He asked that the annexation condition be dropped. He stated that the TADCO agreement provides that a per lot pro -rata amount of $3,000 per lot one-time fee and a portion of the monthly association dues be set aside for any additional costs for use of the approximate one mile route from D.B. Blvd. gate to the edge of Crystal Ridge. In response to MPT/Chang, Mr. Nelson explained that the escrow FEBRUARY 3, 1998 PAGE 5 CITY COUNCIL instructions and Buyer's Awareness Package draws the distinction that the development is located in "The Country" but that the property is not part of The Country Estates Homeowners Association. These documents explain the buyer's option to pay a $4,500 one-time fee and full Country Estates assessments thereafter which would provide the use of all facilities as spelled out under the TADCO agreement. He explained why he does not believe divisiveness is a factor in the development's autonomy from "The Country Estates" and why annexation should not be forced upon Crystal Ridge homeowners. In response to C/O'Connor, Mr. Nelson stated that TADCO is an acronym for Transamerica Development Company which was the master developer for D. B. Art O'Daly, past President of The Country Estates Homeowners Association, said that his Board of Directors favorably anticipated the annexation of Crystal Ridge. He believed that most residents of The Country are unaware of the status of the lawsuit between the homeowners association and Windmill Development. Although the present Board of Directors appears to be unwilling to work with Crystal Ridge toward annexation, he believed most members of The Country Estates Homeowners Association would favor annexation. There being no further testimony offered, M/Herrera closed the Public Hearing. In response to M/Herrera, DCM/DeStefano explained that there are no map and deed restrictions on the property and, therefore, the developer is not required to compensate the City. The developed project will be required to contribute $20,000 to $25,000 in Quimby Fees and a substantial amount to the Walnut School District. The project is creating property tax revenue to the City. In responses to C/O'Connor, DCM/DeStefano stated that, with adoption of both Resolutions, Paragraph B. 3., Page 2 will be removed in its entirety. Paragraph I, Page 4 will be corrected to begin with "As mitigated, the design," etc. Deletion of Condition No. 53 on Page 21 of the Resolution was recommended. Further, he reported that the environmental consultant found petrified wood and marine fossils on the site. Mr. Houlihan responded to C/O'Connor that additional findings could delay the project while paleontologists can adequately assess the findings. No fossils have been found on the adjacent tracts. In accordance with C/O'Connor's request, DCM/DeStefano summarized contents of the August 6, 1997 letter from Michael Brandman Associates to the City responding to comments made during the July 22, 1997 Planning FEBRUARY 3, 1998 PAGE 6 CITY COUNCIL Commission meeting. C/Huff moved, C/Ansari seconded, to adopt Resolution No. 98-08 approving Vesting Tentative Tract Map No. 50314 and Zone Change No. 96-1 and Certifying Environmental Impact Report No. 97-1 (SCH 96-071104) and approving the Mitigation Monitoring Program set forth therein for a 15 lot subdivision located southeast of the most southerly intersection of Steeplechase Lane and Wagon Train Lane, as amended. Motion carried by Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS- None ABSENT: COUNCIL MEMBERS -None C/Ansari requested that all future historic finds be retained by the City. C/Huff moved, C/O'Connor seconded, to adopt Resolution No. 97-09 approving Hillside Management and Significant Ecological Area Conditional Use Permit No. 96-1 and Oak Tree Permit No. 96-1 for westing Tentative Tract Map No. 50314, a 15 lot subdivision located southeast of the most southerly intersection of Steeplechase Lane and Wagon Train Lane as amended (Page 2. B.3, Condition No. 25 and Condition No. 53). 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 7.2 RESOLUTION NO. 98-10: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING TENTATIVE PARCEL MAP NO. 22987 FOR THE SUBDIVISION OF A 5.2 ACRE SITE INTO THREE LOTS FOR CURRENT AND FUTURE COMMERCIAL DEVELOPMENT, LOCATED AT 259 GENTLE SPRING LANE, DIAMOND BAR, CALIFORNIA - In response to C/Ansari, DCM/DeStefano explained that if the lot is sold, the seller must disclose to any potential buyer the flood hazard condition that exists on the property. Responding to C/O'Connor, DCM/DeStefano related that the Planning Commission was concerned that the parcelization of the site may not improve the area in accordance with the Redevelopment Agency's goals. M/Herrera declared the Public Hearing open. Carl Kobbins, project engineer and applicant, concurred with the conditions of approval. FEBRUARY 3, 1998 PAGE 7 CITY COUNCIL Clyde Hennessee said he favored the project and expressed concerns regarding the close proximity of the proposed traffic signal installation at Gentle Spring Ln. and D.B. Blvd. to other traffic signals on D.B. Blvd. He recommended the Council consider a three-way stop sign installation in lieu of a traffic signal. Mr. Kobbins stated that the proposed traffic signal installation is a condition of approval imposed by the City. There being no further testimony offered, M/Herrera closed the Public Hearing. CM/Belanger explained that the traffic signal installation at the intersection of Gentle Spring Ln./Palomino Dr. and D.B. Blvd. was scheduled to begin construction on February 2, 1998. Construction will commence when the rain stops. The project under consideration was submitted subsequent to the Council's decision to install the signal. The applicant is required to pay their pro -rata share of the signal installation which is $6,500. C/Ansari moved, C/O'Connor seconded, to adopt Resolution No. 98-10 approving Tentative Parcel Map 22987 subject to the conditions of approval within the Resolution, as amended by ACA/Susskind (Page 3, Finding G - add: "and for the proposed density of the development" and correction of Finding O to "Century Communications" by C/O'Connor). 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 SECOND READING OF ORDINANCE NO. 01 (1998): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING CHAPTER 8.16 OF TITLE 8 OF THE DIAMOND BAR CITY CODE ADOPTING REQUIREMENTS AND STANDARDS RELATING TO THE COLLECTION, RECYCLING, TRANSPORTATION AND DISPOSAL OF SOLID WASTE, RECYCLABLE AND COMPOSTABLE MATERIALS - MPT/Chang moved, C/Huff seconded, to approve second reading by title only, waive full reading and adopt Ordinance No. 01 (1998): Amending Chapter 8.16 of Title 8 of the Diamond Bar City Code adopting requirements and standards relating to the collection, recycling, transportation and disposal of solid waste, recyclable and compostable materials. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor, MPT/Chang, FEBRUARY 3, 1998 PAGE 8 CITY COUNCIL M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 8.2 APPOINTMENT OF TASK FORCE MEMBERS. 8.2.1 SOLID WASTE - M/Herrera announced that the first meeting will be held on Monday, February 9, 1998 at 6:30 p.m. at Heritage Park. The following persons were named to the task force: Mohammed AI-Jabani (Ansari) Al Perez (Ansari) Alan Wilson (Ansari) Red Calkins (Herrera) Ana Cortez (Herrera) Ed Hain (Herrera) Brian Woods (Herrera) William George (Huff) Diane Williams (Huff) Tom Churchill (O'Connor) Steve Dinkin (O'Connor) Scott Lin (Chang) Johnny Liu (Chang) Appointment by DBIA - Dave Reynolds 8.2.2 OVERNIGHT PARKING - M/Herrera announced that the first meeting will be held on Wednesday, February 11, 1998 at 6:30 p.m. in the AQMD Room CC -2. The following persons were named to the task force: Martha Bruske (Ansari) Paula Dryburgh (Ansari) Clyde Hennessee (Ansari) Jack Tillery (Ansari) Richard Craven (Herrera) Maya Kobler (Herrera) Barbara Parker (Herrera) Thom Pruitt (Herrera) Al Rumpilla (Herrera) Lloyd Stoa (Herrera) Terry Haldiman (Huff) Don Hartshorn (Huff) Mike McGuire (Huff) Marianne Milligan (Huff) Edda Gahm (O'Connor) Tim Good (O'Connor) FEBRUARY 3, 1998 PAGE 9 CITY COUNCIL Don Gravdahl (O'Connor) Berry Powell (O'Connor) Lydia Plunk (O'Connor) Rick Wang (Chang) Marcus Chen (Chang) Chuck Sun (Chang) George Kuo (Chang) Appointment by DBIA - Joe McManus 8.3 APPOINTMENT OF COMMUNITY ADVISORY COMMITTEE MEMBERS - Continued to February 17, 1998. 8.4 FISCAL YEAR 1997-98 MID -YEAR BUDGET AMENDMENT - C/O'Connor moved, C/Ansari seconded, to approve staffs recommendations and other actions required to implement recommended modifications to the Fiscal Year 1997-1998 Budget. 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 8.5 LEASE AGREEMENT WITH TRAMMELL CROW COMPANY FOR SPACE LOCATED AT 21660 E. COPLEY DRIVE, SUITES 110, 150 AND 190 CONSISTING OF APPROXIMATELY 10,552 RENTABLE SQUARE FEET - a four year lease for Suites 110, 150 and 190 at 21660 E. Copley Drive. Following discussion, C/Huff moved, MPT/Chang seconded, to contract with Trammel Crow Co. for additional office space. 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 8.6 RESOLUTION NO. 98-11: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR PROHIBITING COMMERCIAL VEHICLES OVER FIVE TONS (10,000 POUNDS) FROM PARKING ON THE SOUTH SIDE OF FOUNTAIN SPRINGS ROAD BETWEEN THE DRIVEWAYS OF COUNTRY HILLS TOWNE CENTER AND FOUNTAIN SPRINGS PLAZA - C/Huff moved, MPT/Chang seconded, to adopt Resolution NO. 98-11 prohibiting commercial vehicles over five tons (10,000 pounds) from parking on the south side of Fountain Springs Rd. between the driveways of Country Hills Towne Center and Fountain Springs Plaza. Motion carried by the following Roll Call vote: FEBRUARY 3, 1998 PAGE 10 CITY COUNCIL a AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None NEW BUSINESS: 9.1 MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF DIAMOND BAR AND THE INDUSTRY URBAN DEVELOPMENT AGENCY FOR THE PAYMENT OF IMPACT MITIGATION MONIES RELATED TO THE EASTERLY INDUSTRIAL PROJECT - Following discussion, C/Huff moved, C/Ansari seconded, to approve the Memorandum of Understanding (MOU) between the City of Diamond Bar and the Industry Urban Development Agency for payment of traffic mitigation monies related to the Easterly Industrial Project as recommended by staff with direction regarding litigation and incorporation into the record of the January 28, 1998 letter. 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 RECESS TO REDEVELOPMENT AGENCY MEETING: 11:02 p.m. RECONVENE CITY COUNCIL MEETING: M/Herrera reconvened the City Council meeting at 11:10 p.m. 10. COUNCIL SUBCOMMITTEE REPORTS: C/O'Connor stated the next Parks Master Plan subcommittee meeting will be held on Thursday, February 12, 1998 in AQMD Rooms CC -3 and CC -5. C/Ansari said that, as a result of the successful NPDES Conference, the City will run a motion through SCAG to attempt to get additional point-to-point money from the water bond issue. M/Herrera stated that she and MPT/Chang serve on the Economic Development subcommittee which meets on February 10, 1998 at 4:00 p.m., and on the City Manager Evaluation/City Council Goals subcommittee which is assessing and re - prioritizing the goals that have not been completed. 11. COUNCIL COMMENTS: C/O'Connor asked the public to support the Girl Scouts and place their orders for cookies. C/Huff reported that all five Council Members attended the Leadership Conference in January. He indicated he attended a Chamber mixer at the new Chamber of Commerce facility in the Walnut Pools building and a Chinese New Year FEBRUARY 3, 1998 PAGE 11 CITY COUNCIL presentation by Maple Hill Elementary students at the City Library. MPT/Chang thanked the audience for their participation in the meeting. He reported that the Chinese delegation visited the City and conveyed the Chinese New Year's greeting to staff. The D.B. Chinese Association Chinese New Year Festival will be held at D.B.H.S. on Saturday, February 14, 1998, from 10:00 a.m. to 1:00 P.M. C/Ansari thanked C/O'Connor and MPT/Chang for their enthusiasm and interest in learning about City government. She thanked C/O'Connor, C/Chang and M/Herrera for their attendance and support at the NPDES workshop. The Kiwanis Club and Friends of the Library will host the fundraising play "Love Letters" on February 14, 1998. She wished the Chinese residents a Happy New Year. M/Herrera thanked fellow Council Members and CM/Belanger for attending the League of Cities City Council/City Manager Leadership Team Workshop on January 21, 22 and 23. 12. ADJOURNMENT: There being no further business to conduct, M/Herrera adjourned the meeting at 11:20 p.m. in memory of former D.B. Kiwanis Club Member and resident Jim Adams. ATTEST: Mayor LYNDA BURGESS, City Clerk CITY OF DIAMOND BAR MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION SCHOOL STUDY PUBLIC WORKSHOP 02 OCTOBER 2, 1997 CALL TO ORDER: Acting Chairperson Morris called the meeting to order at 6:40 p.m. in the South Coast Air Quality Management District Hearing Board Room CC -2, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE The audience was led in the Pledge of Allegiance by Acting Chair Morris. ROLL CALL: Commissioners: Acting Chair Morris, Vice -Chair Virginkar, Commissioners Istik and Nice. Chair Leonard: Absent. Staff: Deputy Director of Public Works David Liu; Assistant Engineer Rose Manela, Planning Technician Susan Cole, Administrative Assistant Tseday Aberra, Consultants Joe Foust and Cathernine Lawrence of Austin -Foust & Associates, Inc., Superintendent of Schools Dr. Ron Hockwalt, Walnut Valley Unified School District; Assistant to the Superintendent of Schools Ed Walsh, Pomona Unified School District and Pomona Unified School District Facilities Department Assistant Planner Isela Lovato. Dr. Hockwalt said he supports the consultant's recommendations. He indicated that significant traffic is generated as a result of day care and employment concerns. The temporary buildings at Diamond Bar High School are in place to accommodate current enrollment needs and not to accommodate additional students. PUBLIC WORKSHOP OM 1. Discussion of Findings: Consultant Joe Foust reported on his recommendations for four elementary schools and two intermediate (middle) schools. OCTOBER 2, 1997 PAGE 2 SCHOOL TRAFFIC WORKSHOP #2 Chaparral Intermediate School Patty Tye recommended the speed bumps remain in the school's parking lot. Dr. Hockwalt responded to Tom Ortiz that it would be the school district's responsibility to pay for removal of speed bumps, if warranted. Tom Ortiz asked for a definition of jaywalking. Joe Foust stated the legal definition of jaywalking. He explained that he is using the term "jaywalking" to indicate persons walking across the street at locations other than marked intersections. Tom Ortiz said he would refer to such crossings as "unsafe crossings". He indicated he was present when the video was recorded and that it did not show students sitting on the street curb which is not illegal but very unsafe. He reiterated his concerns for classroom and parent traffic safety education. Evergreen Elementary School C/Istik asked if a 5 foot bus turnout would assist the flow of traffic. Mr. Foust responded that a bus turnout to free up the traffic along Evergreen Springs Drive would be beneficial. Mice asked if the more westerly driveway of the parking lot area could be used for through traffic and a right turn out of the parking lot and thereby continue using the main driveway for left turn out traffic. Mr. Foust reiterated that he recommends no left turn out of the main driveway to relieve congestion of neighborhood traffic at the knuckle curve in front of the school. C/Nice suggested the main driveway be used for ingress and the secondary driveway used for egress. PT/Cole explained that school buses and student traffic block the secondary driveway. Trish Howard recommended the Castlerock Road and Evergreen Springs Drive be converted to a one-way street in the school area. OCTOBER 2, 1997 PAGE 3 SCHOOL TRAFFIC WORKSHOP #2 W. Foust stated he has never seen a one-way street work successfully in a residential neighborhood and does not believe the community would consider such a change. Laurie Troudy, Walnut Unified School District staff and Diamond Bar resident, said that converting Evergreen Springs Drive to a one-way street would impede Diamond Bar High School traffic as well. Debby O'Connor suggested moving the crosswalk to the far side of Harmony Hill Drive to allow the school buses additional parking room. Mr. Foust responded that it is illegal for the school buses to park in a crosswalk area. Mrs. O'Connor asked if Mr. Foust considered the traffic area behind the soccer field on Castler Rock Road for student dropoff and pickup. Mr. Troudy explained that there is no staff supervision in that area. Elizabeth Beard said that although the leg of Castlerock Road between the front of the school and Lost River Drive is of sufficient width, there is not room enough for traffic to successfully maneuver in the area. She asked if placement of "No U -Turn" signs at the intersections of Lost River Drive at Castlerock Road and Harmony Hill Drive at Sunbright Drive are still under consideration. Mr. Foust indicated that "No U -Turn" signs will not eliminate the problems caused by the left turn out of the school parking lot. Lorbeer Middle School Assistant Superintendent Ed Walsh thanked staff and the consultants for their efforts. Pomona Unified School District Facilities Department Assistant Planner Isela Lovato said she enjoyed working with staff and the consultant. The school district is in agreement with the recommendations presented for all of the schools. C/Istik asked what would happen to the loading/unloading zone if the City decided it needed three traffic lanes on the west side of Diamond Bar Boulevard. Mr. Foust responded that if the Diamond Bar Boulevard becomes a six lane roadway, the City would need to give consideration to the bicycle lane as well as, a right turn lane into the school parking lot. OCTOBER 21 1997 PAGE 4 SCHOOL TRAFFIC WORKSHOP #2 Bill Brogie, Lorbeer School instructor, speaking on behalf of the Lorbeer School Principal, asked for consideration of signage to permit parking on Diamond Bar Boulevard for evening and weekend activities at the school. He said she agrees with the right turn out only from the school's parking lot. However, the southerly left turn lane from Diamond Bar Boulevard into the school parking lot should be retained instead of expecting traffic to U-turn at Diamond Bar Boulevard and Golden Springs Drive for student dropoff and pickup. He asked if the driveway could be flared to allow for easier right -turn -in and right -turn -out traffic. Patty Tye recommended that Diamond Bar Boulevard signage in front of the school incorporate language to permit weekend and evening parking to accommodate other community activities. Debby O'Connor asked if 7th and 8th grade classes could be staggered to improve or eliminate traffic congestion. Tom Ortiz recommended no U -Turn at Diamond Bar Boulevard and Goldrush Drive. He agrees that the red curbing should be eliminated on Diamond Bar Boulevard in front of the school. He agrees that weekend parking should be allowed. AC/Morris suggested the Goldrush Drive at Diamond Bar Boulevard traffic signal could be timed to assist traffic flow at peak school dropoff and pickup hours. Debby O'Connor said she does not agree with the elimination of the U-turn at Goldrush Drive because.traffic will turn left at Goldrush Drive, proceed into the residential neighborhood and pull into residential driveways to turn around or make illegal U-turns on the street to get back onto Diamond Bar Boulevard to proceed North. Patty Tye recommended the City look at the timing of the signal on Diamond Bar Boulevard at Golden Springs Drive to eliminate the traffic backup on Diamond Bar Boulevard. Trish Howard presented a newspaper article referring to the West Covina Ordinance prohibiting dropoff and pickup of students under 12 years of age across the street from schools. C/Istick requested that staff obtain a copy of the West Covina Ordinance. Diamond Point Elementary School AC/Morris recommended additional school zone signs, speed zone signs and flashing lights to control traffic in the Golden Springs Drive area. OCTOBER 2, 1997 PAGE 5 SCHOOL TRAFFIC WORKSHOP #2 Debby O'Connor said the school attempts to educate students and parents about school traffic. She indicated double parking is a problem at the school. She agrees with the recommendation to place a traffic guard at Del Sol Lane and Golden Springs Drive. She suggested "No Parking" hours be shorted to 7:00 a.m. to 3:30 p.m. to give residents an opportunity to park on the streets. AC/Morris stated he is concerned about the inconvenience to the residents. Golden Springs Elementary School AC/Morris recommended the El Encino Drive cul-de-sac be opened to Golden Spring Drive and asphalt be installed in the 20 foot area of gate at rear of the school to allow for student dropoff and pickup. Patty Tye said she agrees that El Encino Drive should be opened up and supervised to reduce the traffic congestion on the surrounding neighborhood streets. She recommended the Pomona Unified School District arrange for staff parking. Diane Howard, Ballena Drive, said that the vehicle congestion is so bad on her street that she has been prevented from leaving her driveway. The children cross at all points along Golden Springs Drive to get to and from the school. AC/Morris referred to a letter from Beverly Fleming who lives on Prospect Valley Drive across from the school. She indicated the Golden Springs U -Turn signs cannot be seen due to tree growth. She also indicated that parents are rude, park in the cul-de-sac area in front of her driveway and litter. She asked that the traffic be rerouted. Trish Howard, Ballena Drive, said that vehicles block her, driveway and she is unable to leave for work on time. She expressed concerns about the children's safety. Patty Tye said the school bus stops in the red zone on Golden Springs Drive in front of the school to drop off students. C/Istik suggested the parents could be encouraged to have their children use the school if the City subsidize school bus passes. Ed Walsh responded that the Pomona Unified School District is a non -busing district. The City's infrastructure does not offer an alternative to deal with congestion. Public transportation is generally ignored in southern California where people tend to rely on automobile transportation. He said he believes that if school bus transportation was offered OCTOBER 2, 1997 PAGE 6 SCHOOL TRAFFIC WORKSHOP #2 free of charge, it would not encourage ridership. Diane Howard asked why the City does not enforce school traffic. AC/Morris stated that although the Walnut Sheriffs Department has designated one motorcycle traffic officer, he cannot cover all schools on a daily basis. Diane Howard asked if the Senior Patrol could help with school traffic enforcement. Craig Clute asked if Golden Springs Drive is posted 25 mph zone in the area of this school and in the Golden Springs Elementary School area. AC/Morris indicated both school areas are posted "25 mph when children are present". Armstrong Elementary School There was no one present who wished to comment on this school. Vl. ADJOURNMENT: There being no further business to come before the Traffic and Transportation Commission, Acting Chair/Morris adjourned the meeting at 9:15 p.m. to the regular Traffic and Transportation Commission meeting at 7:00 p.m. on October 9, in the South Coast Air Quality Management Building's Hearing Board Room. Respectfully, David G. Liu Secretary Attest: Roland Morris Acting Chair (-ea, �2_ . CITY OF DIAMOND BAR MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION OCTOBER 9, 1997 CALL TO ORDER: Chair/Leonard called the meeting to order at 7:08 p.m. at the South Coast Air Quality Management District Hearing Board Room, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE The audience was led in the Pledge of Allegiance by Commissioner Istik. ROLL CALL: Commissioners: Chair Leonard and Commissioners Istik, Morris and Nice Commissioner Virginkar: Absent Staff: Deputy Director of Public Works David Liu and Administrative Assistant Tseday Aberra. I. APPROVAL OF MINUTES A. Minutes of September 11, 1997. C/Istik moved, C/Nice seconded, to approve the September 11, 1997 minutes as submitted. Without objections, the motion was so ordered. IL COMMISSION COMMENTS - None M. PUBLIC COMMENTS - None IV. CONSENT CALENDAR - None V. OLD BUSINESS - None OCTOBER 9, 1997 PAGE 2 TAT COMMISSION I. NEW BUSINESS: A. Prohibition of a "third lane" creation on eastbound Grand Avenue between Montefino Avenue and Diamond Bar Boulevard. DDPW/Liu presented staffs report. Staff recommends that the Traffic and Transportation Commission concur with staffs recommendation to forward the City Council the installation of cross hatch striping between the driveways of the Fire Station and the Public Library and between the driveways of the Public Library and Century 21 E -N. Jack New, Century 21 E -N, 1081 S. Grand Avenue, said his building and the adjacent medical building are the only commercial businesses in Diamond Bar that have a single ingress/egress. He emphasized the traffic congestion in front of his building at peak hours as well as, the treacherous situation caused by motorists who create a third lane on the south side of Grand Avenue in front of his building between Montefino Avenue and the ingress/egress of the Lucky Shopping Center. He asked the Commission to consider installation of cross hatch striping as recommended by staff. Rosa Gastelum, 2177 Indian Creek Road, said she has had many close encounters entering and exiting her business location at 1081 S. Grand Avenue She asked the Commission to provide a means for people to safely enter and exit the driveway. Sgt. Rawlings stated that "keep clear" areas are typically installed at law enforcement or fire station frontages. He indicated that a "keep clear" area would apply to traffic exiting the center as well as, traffic on the street. DDPW/Liu stated staff reviewed several alternatives to the recommended cross hatching. Staff is looking at the possibility of upgrading Grand Avenue from a Class III to a Class II Bikeway which would incorporate a bicycle lane. Larry Black, Century 21 E -N and Diamond Bar resident, stated that his business location is the sole commercial business on Grand Avenue that has only one entrance. He said that he believes a "keep clear" area would discourage motorists from forming a third lane of traffic. nrVnRRR 9. 1997 PAGE 3 T&T COMMISSION VII. VIII. C/Istik moved, C/Nice seconded, to concur with staffs recommendation to install cross hatch striping between the driveways of the Fire Station and the Public Library and between the driveways of the Public Library and Century 21 E -N. The motion was approved 4-0 with the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Istik, Nice, Morris, Chair/Leonard None VCNirginkar DDPW/Liu stated this matter will likely appear on the November 18, 1997 City Council agenda. B. School Safety/Traffic Study update - Received and filed. STATUS OF PREVIOUS ACTION ITEMS: DDPW/Liu stated the following items were approved by the City Council at its October 7, 1997 meeting: Plans and Specifications for the traffic signal installation on Diamond Bar Boulevard at Gentle Springs Lane and for the traffic signal installation on Golden Springs Road at Calbourne Drive. Construction is tentatively scheduled for mid December, 1997. ITEMS FROM COMMISSIONERS: C/Istik asked that the matter of cross hatching and/or other remedies for the westbound Grand Avenue commercial traffic be discussed as a future agenda item. Chair/Leonard asked that the matter of "The Country Estates" ingress/egress on Grand Avenue at Summitridge Drive be discussed as a future agenda item. ITEMS FROM STAFF - None X. INFORMATIONAL ITEMS: A. Traffic and Transportation Commission's Goals and Objectives. DDPW/Liu stated that -to date he has received the list of goals and objectives from three Commissioners. Staff will provide a matrix of the proposed Goals and Objectives for discussion at a future meeting. OCTOBER 9, 1997 PACE 4 T&T COMMISSION B. Brea Canyon Road Parkway Improvements Project. Following discussion, the Commission concurred to tentatively schedule the Brea Canyon Road Parkway Improvements Project workshop for Thursday, October 30, 1997 at 7:00 p.m. C. Heritage Tract Evaluation Study. DDPW/Liu stated the Heritage Tract Evaluation Study is slated for the November 4, 1997 City Council meeting. XI. SCHEDULE OF FUTURE CITY MEETINGS: As scheduled. XII. ADJOURNMENT: C/Morris moved, C/Istik seconded to adjourn the meeting. There being no further business to come before the Traffic and Transportation Commission Chair/Leonard adjourned the meeting at 8:10 p.m. Respectfully, /s/David G TAU David G. Liu Secretary Attest: /s/ Joyce Leonard Joyce Leonard Chair i f- . / 1 1„ CITY OF DIAMOND BAR MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION NOVEMBER 13, 1997 CALL TO ORDER: Chair/Leonard called the meeting to order at 7:12 p.m. at the South Coast Air Quality Management District Hearing Board Room, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE The audience was led in the Pledge of Allegiance by Commissioner Istik. ROLL CALL: Commissioners: Chair Leonard, Vice Chair Virginkar and Commissioners Istik and Morris Absent: Commissioner Nice Staff: Deputy Director of Public Works David Liu, Assistant Engineer Rose Manela, Planning Technician Susan Cole and Administrative Assistant Tseday Aberra. L APPROVAL OF MINUTES A. Minutes of September 25, 1997. VC/Virginkar moved, C/Morris seconded, to approve the minutes of September 25, 1997 as presented. Without objections, the motion was so ordered. B. Minutes of October 2, 1997. The minutes of October 2, 1997 were continued to the January 8, 1998 meeting. C. Minutes of October 9, 1997. C/Morris moved, C/Istik seconded, to approve the minutes of October 9, 1997 as presented. The motion was carried 3-0-1 with VC/Virginkar abstaining. NOVEMBER 13, 1997 PAGE 2 TAT COMMISSION II. COMMISSION COMMENTS - None M. PUBLIC COMMENTS - None IV. CONSENT CALENDAR -None V. OLD BUSINESS - None I. NEW BUSINESS: A. Diamond Bar School Safety/Traffic Study. Joe Foust, Austin -Foust Associates, Inc. presented the following updated recommendations. He spoke about the January 1, 1998 flashing red light law for school buses which will further effect traffic flow. Diamond Bar High School: The use of the Brea Canyon Road school bus ingress/egress for school vehicular traffic and student dropoff and pickup; expand interior parking lot driveway to accommodate traffic turn around; left turn in and right turn out only between school property and Pathfinder Road with left turn signal installation at the intersection of Pathfinder Road and Brea Canyon Road, left turn signal on northbound Brea Canyon Road at Pathfinder Road and installation of diagonal parking on the east side of Brea Canyon Road north of Fountain Springs Road southerly to the current school bus ingress/egress. He indicated that without the ingress/egress opening on Pathfinder Road (the current school bus ingress/egress) there may be a need for a left turn signal at Evergreen Springs Drive and Pathfinder Road. Mr. Foust explained that although there are opportunities to enhance the traffic flow at the school site, he is doubtful that the school district will be forthcoming with the $16,000 of needed improvements to accommodate these recommendations. Quail Summit Elementary School: Mr. Foust stated that the school district does not wish to provide student pickup and dropoff at Forest Canyon Drive. However, a new staff parking lot is being constructed east of the current parking lot which will provide more room for student dropoff and pickup at the current main parking lot. The projected enrollment increase of 200 additional students has been reevaluated to a possible maximum increase of 50 additional students. NOVEMBER 13, 1997 PAGE 3 T&T CONKISSION Evergreen Springs Elementary School: Mr. Foust proposed that parents enter the school parking lot from the most southerly Castle Rock Road entrance of the school, proceed through the parking lot to the most northerly driveway with right turn only in and out of the parking lot. In order to accomplish this method, scheduling of school bus loading and unloading will need to be coordinated with the traffic flow. Traffic attempting to proceed south on Evergreen Springs Drive and turn left into the school parking lot would be prohibited from doing so during school bus loading and unloading because of the new law. Debby O'Connor, Diamond Point Elementary Safety Committee, said she concurs with the Diamond Point Elementary School's principal to strongly recommend a warrant study to determine the need for a second crossing guard at Sunset Crossing Road and Del Sol Lane, and that no ladder crosswalk be installed at the mid point of the block on Sunset Crossing Road. Steve Tye asked if there was student dropoff and pickup activity observed on El Encino Drive at the rear of Golden Springs Elementary School. Mr. Foust responded that there is activity at the rear of the school and he would encourage more activity with supervision. His recommendation includes a crosswalk installation just south of the rear gate on El Encino Drive. Mr. Tye concurred with the recommendation for loading and unloading on Diamond Bar Boulevard at Lorbeer Middle School. He said he is concerned about the elimination of left turns out of the school parking lot and asked how the prohibition improves traffic flow. Mr. Foust responded that the prohibition of left turns out of the school parking lot is a safety and visibility recommendation. By eliminating the left turn out of the parking area, the traffic flow in and out of the parking lot will improve. In addition to allowing dropoff and pickup on Diamond Bar Boulevard, visibility areas and right turn in areas are provided adjacent to the parking lot driveway. Kathleen Worland said she strongly supports the Walnut Elementary School principal's recommendations for a stop sign at Lycoming Street and Glenwick Avenue and for a crossing guard at the crosswalk in front of the school. Patty Tye asked if the study recommendation #4 includes signage with pavement legends at Golden Springs Elementary School. NOVEMBER 13, 1997 PAGE 4 TAT COMKI88ION Mr. Foust responded that the intent of the recommendation is to install signs as well as, pavement legends. Mrs. Tye concurred with C/Morris that the school signage hours should be extended from 3:00 p.m. to 3:30 p.m. where applicable. C/Morris responded to Mrs. Tye that recommendation #6 for Golden Springs Elementary School is to provide walkway paving for students at the rear of the school. He explained where the crosswalk is proposed to be installed just south of the current gate opening. C/Morris stated that several Golden Springs Elementary School residents have requested consideration of a three-way stop at Ballena Drive and Palomino Drive. C/Istik stated he believes Mr. Foust has provided a good study and the City is protected by having completed the study through improved safety. He asked staff to point out to the City Council that the purpose of the study was not to recommend significant structural changes but to propose cost effective traffic flow safety measures. He reiterated his proposal to seek Proposition A funds to subsidize student busing and his request that the study be forwarded to the City Council with sections for each school, and that meeting minutes applicable to each school be included at the end of that particular school's study and related recommendations. Chair/Leonard thanked Mr. Foust for a good study and thorough package for the City Council's consideration. She asked if a left turn signal on Pathfinder Road onto Evergreen Springs Drive would cost $25,000. Mr. Foust responded that a left turn signal will more likely provide a U-turn opportunity for vehicles to exit onto Pathfinder Road (a right turn only) and U- turn at Evergreen Springs Road in order to proceed in a westerly direction. Chair/Leonard stated she observed the effectiveness of the security personnel directing traffic on Pathfinder Road at Diamond Bar High School. Sgt. Rawlings stated he is pleased that this matter is concluding and that Mr. Foust has provided many good recommendations. DDPW/Liu stated the revised final draft will be presented to the Commission for consideration on January 8, 1998 in order for the Commission to present its recommendation to the City Council. NOVEMBER 13, 1997 PAGE 5 TAT COMMISSION C/Morris asked staff to consider including cover sheet for the draft proposal outlining the study parameters. DDPW/Liu responded that the study will include an executive summary which will discuss the goals and objectives. C/Istik moved, C/Morris seconded, to approve the Diamond Bar School Safety Study in concept and receive the draft study for final recommendation in the previously recommended format to the City Council at the January 8, 1998 Traffic and Transportation Commission meeting. B. Consideration of December, 1997 Traffic and Transportation Commission meeting. Following discussion, the Commission concurred to continue its December 11, 1997 meeting to January 8, 1998. VII. STATUS OF PREVIOUS ACTION ITEMS: DDPW/Liu stated the City Council approved installation of red curbing on Walnut Drive at its November 4, 1997 meeting. VIII. ITEMS FROM COMMISSIONERS: VC/Virginkar asked staff to consider two items: Prohibition of right turn on red light at the northbound Diamond Bar Boulevard exit from westbound SR 60, and improvement of the Diamond Bar Boulevard exit from the SR 57 on-ramp north of Sunset Crossing Road. DDPW/Liu responded that the right turn from the SR 60 onto Diamond Bar Boulevard may be a sight visibility problem which can be mitigated by hedge trimming. Staff will investigate this matter and advise the Commission. With respect to the SR 57 on-ramp on Diamond Bar Boulevard north of Sunset Crossing Road, he believes this is a CalTrans issue. Staff will research the matter and advise the Commission. IX. ITEMS FROM STAFF: Sgt. Rawlings provided the Monthly Traffic Enforcement Update for October, 1997. The monthly index was 43.0% and statistics included one fatality at the easterly City entrance of Grand Avenue. NOVEMBER 13, 1997 PAGE 6 T&T COMMISSION Sgt. Rawlings responded to C/Morris that he is satisfied with the San Bernardino County Sheriffs Department's pursuit policy in conjunction with the fatal accident. He indicated the pursuit was cancelled prior to entering Diamond Bar. The accident report was written by the Walnut Sheriffs Department. X. INFORMATIONAL ITEMS: A. City Traffic Engineers Meeting: Saturday, November 22, 1997. C/Morris indicated he will attend the meeting and provide resource materials to his fellow Commissioners. XI. SCHEDULE OF FUTURE CITY MEETINGS: As scheduled. XII. ADJOURNMENT: VC/Virginkar moved, C/Istik seconded to adjourn the meeting. There being no further. business to come before the Traffic and Transportation Commission Chair/Leonard adjourned the meeting at 8:53 p.m. to the Brea Canyon Road Parkway Improvement Project Workshop at 6:30 p.m. on November 20, 1997 at Heritage Park Community Center, 2900 South Brea Canyon Road, Diamond Bar. Respectfully, /s/ David G. Liu David G. Liu Secretary Attest: /s/Joyce Leonard Joyce Leonard Chair CITY OF DIAMOND BAR MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION BREA CANYON IMPROVEMENT PROJECT WORKSHOP NOVEMBER 20, 1997 CALL TO ORDER: Chair/Leonard called the meeting to order at 6:40 p.m. at the Heritage Park Community Center, 2900 South Brea Canyon Road, Diamond Bar. PLEDGE OF ALLEGIANCE The audience was led in the Pledge of Allegiance by Commissioner Morris. ROLL CALL: Commissioners: Chair Leonard, Vice -Chair Virginkar, Commissioners Istik, Nice and Morris Staff: Deputy Director of Public Works David Liu, City Engineer George Wentz, Assistant Engineer Rose Manela, Deputy City Manager James DeStefano, Associate Planner Ann Lungu and Administrative Assistant Tuesday Aberra. Commissioner Nice recused himself from consideration of this matter. CE/Wentz stated tonight's presentation is informal. He requested citizens provide input toward finalizing plans for the Brea Canyon Improvement Project. The City is proposing to maintain a two lane street through the Brea Canyon section of roadway from Cool Springs Drive north to Heritage Center. The goal is to provide a scenic look for the area by maintaining the trees. One possibility for providing additional parking is to install curb and gutter on the easterly (non -freeway) side of Brea Canyon Road and allow for parallel parking, and include a bikeway and/or sidewalk walkway through the area. An alternative is to install angle parking between the existing trees and include a bikeway and/or meandering walkway. A wall may be constructed to level the area and a stairway access will be provided to the ballfield from the parking area. He pointed out that the City is concerned with potential vehicular conflict if angle parking is provided. He discussed the possibility of providing additional parallel or angle parking in the vicinity of the Heritage Park Community Center. He indicated that a number of additional vehicles can be accommodated by providing either parallel or angle parking. NOVEMBER 20, 1997 PAGE 2 T&T WORKSHOP CE/Wentz stated that no walkway or bikeway will be provided on the westerly portion of Brea Canyon Road (the freeway side) to encourage people to use only the east side of the street. He said the City is investigating the cost to construct a wall along the roadway because CalTrans has determined they will not provide a sound wall. The City is also considering what type of lighting will best suit the area. RECESS: Chair/Leonard recessed the meeting at 7:00 p.m. to give the participants an opportunity to observe the conceptual drawings. RECONVENE: Chair/Leonard reconvened the meeting at 7:10 p.m. Al Garcia, 21029 Cool Springs Drive, said he feels there is already too much congestion on Brea Canyon Road. He would like to see less parking in the area. He indicated he would prefer to see the area cleaned up and preserved as an historical area. He stated he would like to see the old wall demolished and a new wall constructed in the Cold Spring Lane area adjacent to the residences. Nancy Keefer, 21005 Dametta Drive, asked if a sidewalk is proposed to be placed along the parkway adjacent to the school. CE/Wentz responded to Mrs. Keefer that the proposal is to install a sidewalk and/or bikeway next to the school yard fence which will extend to the Heritage Center. A sidewalk area is proposed to extend the length of Brea Canyon Road from Diamond Bar High School to Diamond Bar Boulevard. Cliff Elmer, Fountain Springs, said the wall between Fountain Springs Road and Cold Spring Lane should be extended to a height of eight feet to mitigate sound and provide security. Ken Reed, 2811 Castle Rock Road asked that some type of lighting be included in the project to assist people walking in the area during the early morning or late evening hours. He said he likes the proposed project. Carolyn Elfelt, Silver Cloud Drive, asked if the City could ask CalTrans to remove the mounds of dirt and landscape the area on either side of Cold Springs Drive at the SR 57 underpass. Craig Clute, 21217 Fountain Springs Road, said he favors a sidewalk and lighting in the area. He asked if the City sees a need for a bus stop in the area. He indicated he favors angle parking to provide additional parking for the school and Heritage Park Community Center. He asked what period of time the proposed construction will take to complete and if the City has estimated a start date. He said he does not favor a bikeway mingled with a walkway. He asked if there is room to provide trees, angle parking and maintain the bike lane on Brea Canyon Road. He said he would like to see more trees planted on the westerly section of Brea Canyon Road. He suggested that Sunbright Drive residents request an eight foot sound wall. He pointed out that additional CalTrans construction material cleanup is needed in the area. He asked if the utilities could be placed NOVEMBER 20, 1997 PAGE 3 T&T WORKSHOP underground in the project area CE/Wentz responded to Mr. Clute that the City believes area lighting is important. The concept includes providing sidewalk area from Diamond Bar High School to Diamond Bar Boulevard. The City will access the need for a bus stop in front of Heritage Park Community Center. The City agrees that angle parking should be considered. The City will consider a straight sidewalk and a meandering bikeway through the trees to prevent potential bicycle/pedestrian conflict. Another option is to place the bikeway on the street and meander the sidewalk. Construction design is scheduled for completion during the 1997/1998 fiscal year. Cost considerations will determine whether the project construction will commence during next fiscal year. Undergrounding of utilities may render the project cost prohibitive. The City will ask CalTrans to consider a more appropriate maintenance for the area on the west side of Brea Canyon Road. The City will investigate the feasibility of replacing the block wall on Cold Spring Lane. A resident residing at 2655 Sunbright Drive said he would like to lend his support to construction of the block wall. He believes the wall is a number one priority ahead of improving Brea Canyon Road and installing a sidewalk and/or bikeway. A] Garcia asked if the City could request that CalTrans remove the chain link fence located on the freeway side of Brea Canyon Road. It is unsightly and attracts trash. He said he wants the City Council to get the message that this area needs to get cleaned up. CE/Wentz stated he believes CalTrans will not agree to remove the chain link fence because it prevents people from gaining access to their right-of-way and mitigates potential liability problems. The City can ask for maintenance and repair. Rachel Salazar, 21050 E. Riego, said she has observed children climbing over the chain link gate and going into the freeway right-of-way area. Mike Elfelt, Silver Cloud Drive, asked if the fenced area between Castle Rock Elementary School and Brea Canyon Road will remain fenced off or gated. CE/Wentz responded that the project proposes to install curb and gutter and restrict access to the school from Fountain Springs Road to Cool Springs Drive. Milton Morgan, 20939 Trigger Lane, asked how much parking space will be gained by angle versus parallel. CE/Wentz responded that approximately 23 additional spaces would be realized using angle parking over parallel parking. Staff recommends installing fewer parking spaces in order to save the current trees. NOVEMBER 20, 1997 PAGE 4 T&T WORKSHOP Carolyn Elfelt asked staff to consider providing large enough angled parking spaces to accommodate utility vans instead of compact cars. CE/Wentz stated there are no restrictions with respect to the size of the parking spaces. CE/Wentz responded to Mr. Elfelt that staff does not propose to install any handicapped spaces in the street because they represent a potential safety hazard. The handicapped parking spaces will be limited to the current spaces at Heritage Park Community Center. Craig Clute asked if the street improvements will result in a speed zone change and installation of signs restricting truck travel. Resident of 21250 Fountain Springs Road, asked if restriction of truck travel on Brea Canyon Road will prevent buses from picking up senior citizens at the Community Center. CE/Wentz responded that truck restriction signage will not apply to commercial passenger traffic. Al Garcia asked if this project will extend to the end of Brea Canyon Road. CE/Wentz reiterated the project area extends from Diamond Bar Boulevard north to Diamond Bar High School. Improvements to the southern portion of Brea Canyon Road are slated to be a separate project. C/Istik said he favors consideration of a reduced speed limit of 30 mph or 35 mph for Brea Canyon Road when the project is completed. C/Istik asked if the City's current Development Code allows for billboards along freeways. He asked if the billboard at the intersection of the SR 57 and SR 60 is legal. AP/Lungu responded that the City's current code and Draft Development Code do not allow billboards within the City. She indicated she is not aware of what CalTrans allows on its property. If the billboard is on City property it is illegal. If it is located on CalTrans property it is under CalTrans' jurisdiction. C/Istik indicated he favors continuing the tree theme in front of the Heritage Park Community Center with a random grouping of trees along the length of Brea Canyon Road. He stated he prefers the Coast Live Oak tree. A resident indicated the Heritage Community Center needs more parking. Carolyn Elfelt asked how the project will be funded. NOVEMBER 20 1997 PAGE 5 T&T WORKSHOP CE/Wentz explained that these types of projects are funded through the Capitol Improvement Project program which incorporates various funding sources including General Fund monies, Proposition A/C funding, gas tax funds, etc. Chair/Leonard closed the workshop. She indicated staff will notify residents regarding a future workshop. ADJOURNMENT: There being no further business to come before the Traffic and Transportation Commission, Chair/Leonard adjourned the meeting at 7:50 p.m. to 7:00 p.m. on to January 8, 1998. Respectfully, /s/ David G. Liu David G. Liu Secretary Attest: /s/ Joyce Leonard Joyce Leonard Chair MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION JANUARY 13, 1998 CALL TO ORDER: Chairman Ruzicka called the meeting to order at 7:10 p.m. in the South Coast Air Quality Management Auditorium, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Commissioner Goldenberg. ROLL CALL: Present: Chairman Ruzicka, and Commissioners, Goldenberg, McManus and Tye. Commissioner Fong arrived at 7:13 p.m. Also Present: Deputy City Manager James DeStefano, Senior Planner Catherine Johnson, Associate Planner Ann Lungu and Planning Technician Susan Cole. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None CONSENT CALENDAR: 1. Minutes of December 9, 1997. C/McManus moved, C/Tye seconded, to approve the minutes of December 9, 1997 as submitted. The motion was carried 4-0 with C/Fong being absent. OLD BUSINESS - None 1. Revised Planning Commission Resolution No. 97-20 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING TENTATIVE PARCEL MAP 22987 FOR THE SUBDIVISION OF A 5.02 ACRE SITE INTO THREE LOTS FOR CURRENT AND FUTURE COMMERCIAL DEVELOPMENT, LOCATED AT 259 GENTLE SPRINGS LANE, DIAMOND BAR, CA. C/McManus moved, C/Tye seconded, to adopt Revised Planning Commission Resolution No. 97-20 as presented. The motion was approved with the following Roll Call vote: AYES: COMMISSIONERS: Goldenberg, Tye, VC/McManus, Chair/Goldenberg NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Fong Commissioner Fong arrived at 7:13 p.m. JANUARY 13, 1998 PAGE 2 PLANNING COMMISSION PUBLIC HEARING: 1. Development Review No. 97-9 is a request to allow the placement of a temporary 1,320 square foot, modular building for office and classroom use by the Diamond Bar/Walnut YMCA. The modular building will be used for approximately three years. Project Address: 22601 Sunset Crossing, Diamond Bar, CA 91765 Project Owner/Applicant: YMCA of Pomona Valley, 350 N. Garey Avenue, Pomona, CA 91767 PT/Cole presented staff's report. Staff recommends that the Planning Commission approve Development Review 97-9, Findings of Fact and conditions as listed within the resolution. Jerry White, YMCA Branch Director, stated the YMCA lacks space. The proposed temporary placement will be replaced by gymnasium, pool and other facilities. The YMCA is asking for placement of the modular building for classroom and office use as a temporary measure. He stated he concurs with staff's recommendations for approval. C/Goldenberg recommended the applicant consider installation of a security system. C/Fong recommended the applicant finish the exterior in wood texture of earth color. C/Goldenberg moved, C/Tye seconded, to approve Development Review 97-9, Findings of Fact and conditions as listed within the resolution. The motion was approved 5-0 with the following Roll Call vote: AYES: COMMISSIONERS: Goldenberg, Fong, Tye, VC/McManus, Chair/Ruzicka NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None PLANNING COMMISSION ITEMS: C/Goldenberg announced that May 16, 1998 is the date of the City's second annual "Paint Our Town" project sponsored by the Diamond Bar Improvement Association which is seeking volunteers and donors. Six homes are slated for painting. INFORMATIONAL ITEMS: DCM/DeStefano advised the Commission that on December 17, 1997, the City Council upheld the Planning Commission's denial of the Chevron Gas Station's sale of packaged alcohol. He indicated a newspaper ad soliciting appointments to the City's Commissions has been JANUARY 13, 1998 PAGE 3 PLANNING COMMISSION placed. The City Council began the Development Code review process with a study session prior to its regular January 6, 1998 City Council meeting. Study sessions are anticipated to run for the next three to four City Council meeting days prior to the public hearing process which is tentatively scheduled to commence on March 14, 1998. Adoption is anticipated for May, 1998. The City Council will discuss the JCC Tract Map No. 50314 and Parcel Map for the Best Western Hotel property in February. In February, the Planning Commission will review the Subdivision Ordinance and a Wireless Telecommunications Facilities Ordinance. DCM/DeStefano indicated the San Gabriel Valley Council of Government will conduct a liveable community case study workshop on Saturday, January 31, 1998. The 1998 League of California Cities Planner's Institute is scheduled for March 5 through 7, 1998 at the Long Beach Convention Center and Long Beach Hyatt Hotel. This year's theme is "Creating Communities for the 21st Century". SCHEDULE OF FUTURE EVENTS as listed in the agenda. ADJOURNMENT: C/Goldenberg moved, VC/McManus seconded, to adjourn the meeting to January 27, 1998. There being no further business to come before the Planning Commission, Chair/Ruzicka adjourned the meeting at 7:35 p.m. Respectfully Submitted, James DeStefano Deputy City Manager Attest: Joe Ruzicka Chairman CITY OF DIAMOND BAR MINUTES OF THE ADMINISTRATIVE DEVELOPMENT REVIEW JANUARY 13, 1998 CALL TO ORDER: Deputy City Manager James DeStefano called the meeting to order at 6:12 p.m. in the South Coast Air Quality Management District Auditorium, 21865 East Copley Drive, Diamond Bar. ROLL CALL: Present: Deputy City Manager James DeStefano, Associate Planner Ann Lungu and Planning Technician Susan Cole. CONSENT CALENDAR: 1. Minutes of December 17, 1997. DCM/DeStefano continued this item to the next scheduled Administrative Development Review meeting. PUBLIC COMMENTS - None NEW BUSINESS - None PIIBLIC HEARING: 1. Administrative Development Review No. 97-23 is a request (pursuant to Code Sections 22.72.020.C, 22.72.60) to demolish the existing 4,163 square foot single family residence and construct an 11,733 square foot two-story single family residence with a four car garage, a 500 square foot club house and swimming pool/spa. Property Location: 1501 Derringer Lane, Diamond Bar, CA 91765 Property Owner: Dr. & Mrs. Dhand, 1501 Derringer Lane, Diamond Bar, CA 91765 Applicant: Simon Shum, 20545 Walnut Drive, Suite B, Walnut, CA 91789 AP/Lungu presented staff's report. Staff recommends that the Deputy City Manager approve Administrative Development Review No. 97-23, Findings of Fact, and conditions as listed within the resolution. DCM/DeStefano opened the public hearing. Simon Shum, Architect, stated he read staff's report and concurs with the conditions of approval. AP/Lungu responded to DCM/DeStefano that within a 300 foot JANUARY 13, 1998 PAGE 2 ADR radius of the project, approximately 19 property owners were mailed notices on December 19, 1997, and a 10 day notice was placed in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin on January 2, 1998. The City's Planning Department received no inquiry regarding the proposed project. Dr. Dhand indicated to DCM/DeStefano that the property was occupied during repair to cure settlement. DCM/DeStefano closed the public hearing. DCM/DeStefano stated he read staff's report, reviewed the drawings and visited the site on numerous occasions. He approved Administrative Development Review 97-23, Findings of Fact and conditions as listed within the Resolution. 2. Administrative Development Review No. 97-24 (pursuant to Code Section 22.72.020.0 and 22.72.060) is a request to construct a 6,122 square foot, two-story single family residence with a four car garage. Property Location: 2871 Woodbridge Court, Diamond Bar, CA 91765 Owner/Applicant: Diamond Bar East Partners, 3480 Torrance Boulevard, Torrance, CA 90503 PT/Cole presented staff's report. Staff recommends that the Deputy City Manager approve Administrative Development Review No. 97-24, Findings of Fact and conditions as listed within the Resolution. DCM/DeStefano opened the public hearing. Richard Gould, Vice President of Diamond Bar East Partners, stated he read staff's report and concurs with the conditions of approval contained within the Resolution. He stated the proposed dwelling is being constructed for a buyer. The property contains restraints which do not allow for varying setbacks. The owner requested the side retaining wall in order to be able to drive his vehicles into the back yard area. DCM/DeStefano closed the public hearing. DCM/DeStefano stated he read staff's report, visited the site and reviewed the drawings. DCM/DeStefano approved Administrative Development Review No. 97-24, Findings of Fact and conditions as listed within the Resolution. JANUARY 13, 1998 PAGE 3 ADR ADJOURNMENT: With no further business to conduct, DCM/DeStefano adjourned the Administrative Development Review at 6:25 p.m. Respectfully, James DeStefano Deputy City Manager CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO: Mayor Herrera and Councilmember O'Connor FROM: Linda G. Magnuson,ssistant Finance Director SUBJECT: Voucher Register, February 17, 1998 DATE: February 11, 1998 Attached is the Voucher Register dated February 17, 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 February 17, 1998 have been reviewed, approved, and recommended for payment. Payments are hereby allowed from the following funds in these amounts: 001 General Fund 112 Prop A Fund -Transit 115 Int. Waste Mgt Fund 125 CDBG Fund 139 LLAD #39 Fund 141 LLAD #41 Fund 250 CIP Fund TOTAL ALL FUNDS APPROVED BY: i da G. Ma on Assistant Finance Director Terrence L. Belanger City Manager $171,631.28 Fund 462.00 367.00 408.74 2,193.19 3,041.01 43,983.40 $222,086.62 Carol Herrera Mayor Deborah H. O'Connor Councilmember `*^ C/ty oF Ozazo 3ir **+ [[ ME; CP:*4k411 lSrcq CUE lHRU.—........C2/�/�� VENDOR I.D. ACCOUNT PROW .TX'N8 ----------- --------------------------------------------------------- BATCHPO.L{NE/NG. B:'RY U E Am DATE & T AT&T 4; m`q Distnce Ptne Svcs 44.50 7774L DUE vE%SC@ ''---> 74.50 AT & T AT&T m331'4O90'21�� 7 802178 0�/09 �2/17 Lcmg Jistnce Phne Svcs 31.38 7YAL DUE 'iENDO8 --'--} 3t.:D. R �T & T AT&T 82/17 Lo,� 2stnce Phoe Svcs 13.04 S;21/G �2/0Y 32/�7 Long Dis�oce P�e Scs /.@ ;D�AL �� vEmDDx ----> 20.7l Acme Wiia� Curporabon Ac�cwiley 1-���'1�3 1 ��17B 02�� 02/�7 Refu d-l�����pst'97-13 100.00 TOTAL 5UE 'vENDOK ---'—> 1C0.00 �er Cemp *V0l-4090'2�� 2 8O2178 O1/6857 02/09 02/17 1111341 AnnualSvcCuntr-Printers 2,1G4.49 *oA�'409O'2205 � 8�217B O1/o�57 O2/09 O2/l7 16895 roner Replace:xerit 257.36 TOTAL GU' VEND3k -------- -''' *1 15-45)145-4_jc2 *115-4515'4_jc2 2 302178 02/09 02/1/ 365194 Late! s'PromoPenci\Shrpnrs 130.4A 7OTAL I'liE vENUOR --------- — '''>Ang. -Ing,Rosana 2619 *V0_ -S473 S S0217E 02109 O2/17 2458o Recreat�on Refund 39.0O TOTAL DUE VEaCOR --------- > Ar�� Tr�iler ��p}ies ArrowTru�l -44 0'610O 2 302178 01/6777 02.110? 02,117 4054 5, Ghmerator'EOCTrai}er �UTN- LIE VENDOR ----> o,4OO.8O Auta F/� AutoFt 4 8O2�7E 0L/��� 0 V2/17 Phtu/Drphc/SpcEffctSft�e 78'AL "�,E YL8vCOR --------- 4V6.O0 *^^ C d E ;^« UNTIM E: 14C12/1 ?8 13(hK F�GE 2 7 1�� THKu.............02/z7�� Y[*CO: J � * ACCO�w PKOJ.TX'nG —_—__—___—__—_---'—__'----_'— BAJCH pG.LImE/N0. C, C7 /-;j;:1 --—'_'—__-----_----'--____—__—'---- [��lCE ����lP�lON A�OUNT DATE CH��. --------- '___'er e rWilliam Baxt E rw 6efmd.'TewpSg Cepst-97 0l 1C�.00 rCTAL DILE oE%CiOK ----> 1C1111 CIO Bill's ��� & Safe 2, o x *001'48��-2210 l5 802 72 �l/6�32 V2/09 02/17 1214 4 KEYS -Peterson Prk 13.47 ��1'4313'221O 2 ��1/; C�/6i�Z 0209 O2/�7 L2l�W masterpadLck-irtfrk 20.51 e)V1'4316'2210 4 ��l78 V2/�132 02�� V2/z7 I216V8 Keys-MapLe Hill Prk 13.53 (j*1'f.'. O r, !Ili 121&N Mas erpad' k-HrtgPrk 41.14 TDTAL DUE VENC.OR '''''''-> 38.65 Buut°ell' "lice 2�2� O1 4 *O 378 �1 8�217E 02/�9 C�/17 243L1 Kecreation Refund 21.00 TUTAL OUE vENCOR ''''-'-'/ 21.00 Sramd�m A5scc., Michael anumao *001'23�0-1010 l'� 802z 2/U9 n2/17 ProfS.csfFL; S'06'&ov'Dec 1.O5f.54 *C0� 23C0 z0�1 1 �O2 ProfSvc-_fE;92'83-Ncv-Dec 1,517.81 TO;*l! UuE VENCOR --------- 2577.-j Bryan A. St�rrat & 4ssc 8ryanS��rr *0O1'45N'5227 12 S02]/E J1/4342 01//O O2/17 17 Uec'lnspectn Svcs-Rdglne T0iAL J:1JE VFNEOR --'''''> 33.90 OCEC (�CEC o001-42 2315 1 80217B V2/09 02/17 Annual 98 Dues'Flores 2V.V0 :GrAL "UE V[NBG8 -------- 210. 00 CPSRPTC CPSRPTC *0V{-43lS'233O 5 8021/A 02/09 02/17 ConF Kegist 3/12'15-Hnldr 033­;6�2 ��rAL PREPAID ANCUINT ''''> TD7AL DUE VENUJR -------- '' -' -.PTP .PTP 43l0 3130 t 17A 02/VY o2/l7 Ca�f'3/12'15'P&RCcmmsnrs 34_43 r3TAL FREPAIU Ar,' -'NT --'> �A.�� RUN TME; GW 001153 0 2 U C H E R P �J S E iE................. VEMOR MWE VEN03k IL, # P%FAD f' a7E40',TKNC BAMH MINIM. FORMA AAA 73 V P 1 AN, AMMT WE ---------------------------------------------------------------------------------------------------------------------------------- C;iarlas Au-notr Asc L,)arlesrbb 2 ;0 1.5 �i;lit zf clay Mair.t--'iar, -n 009 0217 -* _.-,:'E 7 A 9159 0111" 00-07 a r k 1 M 2 i -! t - ja n =1.2_ 2 TO', AL PREPAID AMOLNT ---- 00280 0240 AM 4'9i1 r2TAL 2CE 'VENDOR --------- I Can'romia Contract =A - - __2i,: - 0 '. .! "n,31 02,/1S 17 12 217A 02N9 0017 CwV2A4+emwa 4 '-'0217E WoM Ti.'-AL PiiEPAM :MOUNT ---- 9 -'-.: "J7 451 MAL DUE VENDOR -------- Cannon, Christine C:01 7 1 S 10 (2i 17 049-215 Oij 6.573 2 i 0' ')2/17 .14 T'JTAL DUE VEINIL'OR -------- cayuEla' 'Rcsi 2627 0l;M41 *CQ -3478 15 SK17E i2/17 24548 ;,ecraan3q Refund -------- C;iarlas Au-notr Asc L,)arlesrbb 2 ;0 1.5 �i;lit zf clay Mair.t--'iar, 9 7. 0C F -* _.-,:'E v'I il ., i) 79 �QIO 0017 00-07 a r k 1 M 2 i -! t - ja n =1.2_ 2 'WE 00280 0240 AM 4'9i1 i7 2, - - __2i,: - 0 '. .! "n,31 02,/1S 17 vV-.V 4 '-'0217E WoM .2/i0 r.1,2 A 7 9 -'-.: "J7 451 I C:01 7 1 S 10 (2i 17 049-215 Oij 6.573 2 i 0' ')2/17 .14 0l;M41 ID2 /10 02,'17 AQ-'.*.�7 11 8.02178 06/6033 Ci, -.tai Corporation Cintas 9100 001718 95.01) cl. 011) 5i,.+03 Jb. V3 Rwd Maut4an, 1" 198 sla,"n 2 ;0 1.5 �i;lit zf clay Mair.t--'iar, 9 7. 0C F 'Pifr;is-Prkl -ow:f 1/26 19. C:21)9 02/17 nr I. i 9 1 `11:3 a r k 1 M 2 i -! t - ja n =1.2_ TCT',,L ':417 7n'.'-.'4 - 1 .4*4' 12/019 02/17 Olvi64!. �,tq c;-dppjs i7t. 42 n' -i;:;9 .a 0,2/17 !��-.';114tb66 'Pifr;is-Prkl -ow:f 1/26 19. C:21)9 02/17 15015110 i 9 1 `11:3 [UE VEIN:OR ----------- .-"UN 44f";�2 yo�� �8uC*ER�&£ 4 ..............;2/b�� 'VENDOR NAME 0. Ew HY�g� �m CE T�w _ACCOUNT____PROJ.7X�0_B0�H_P0.LiwE/�)` __T__�D ___8���P� ____________An2U�____ __C�E� Cc-�fee Smith CDffeeSm1L *001'4090-23,450z/��4 O2/o9 02/�r 725V �n Mtg Supp}ie, 59,85 TOTAL VT[h6OR ----> 59.35 Comfort inn of -PetmLemem CG -4l�C'P- t)l �001'4090'2340 217E 92 01 02/17 Sys] TOTAL DGE VENDOK '''''> 292.56 Lcmfort Inn ox 2e±hlshem CccIrn��� *001-4090'2340 4 7ESysGpTrg-2/21-26-Magnusp� 292.56 �3r�� CUE VENEDR ------> 2Y2.56 Cc.'. -unity 8apoel Cu. Cc��isposl *001-4510'��1 2 ��17B 01/u0B6 �2/V9 0/l7 Stre»���epSvcs'�ec 8.V72.28 rC7AL "IE vENCOR ---''> 72 ;3 �*rnins'AlL��cm �o'p Cy�ru�� 407`0 22o 7 ��l7G O2/09 C 1 Sa1eJxOwed11/1OPym 31 X;J mer -ng �ri'4220-��117 98D r Efe:V� lc`��rsfireDmg-GlPrdca 202.50 *J01 14 �"'12�/B02/09 ��17Prof S cs-R1 �7-39 90.00 *O0l'23V3'101A 17 021/8 02/17 tlng'0:1 prcf Swcs-RFL 97'49 +�V1 23�0'10t0 �Y 8O2/7� 02/09 02/17 98Piog'�01 frof 97';2 90.oO *A0l'2300'10l0 �5 8�2i78 02 09 02/17 Y8P1ngVA1 Prcf Svc s'FPL 97'43 9o.0V *�V1 10 16 8�1�/3 �2/09 O2/17 YSPlngVV1 Prof S,cs-�PL Y7'53 fS.CV 10 1.- 16 832178 02/09 02/17 98PlngMl Pru! Svcs -FPL 97'48 ���1'23V0-1V10 �J 80217R 02/09 02/17 96PloO�JVl Prof Svcs -FPL 97-44 *VOl-230O-1Vlh 21.8V217B 02/89 02/17 �Plcg0�1 Pr�f Svcs'FF� 97'44 ^oO1 4�UC-5227 4 80217B O1/6757 ng�O/ i.`spectoSvcs'Sewr--gxtoFuy 225.VO TOTAL DUE VEMR -''''' > 1.237.5A D. 8. l«oprnvenont Assoc. D8lA `�0l'4O9�-2l15 4 217B O1/11855 02/09 V2/l71740 uan 4d'C—msn/[cnmitees 420.0� MT�� �LE �[N�� '- ' -> 320.00 D'KS Associates LKS *001'4553'5222 4 3o217B 01/43-26A t,209 1112/17 `f474 Ne/g�,urhdTrfcSzgy'0ctSvcs 'OTAL DUE oE��UK -------- +** w�yl��� vOJC��R R�S�S�ES EUE THRU.............. Y17�8 )ENDOR nPE vE$DCR �2. _AL-00VN7____�KOJ.T%�O_8ATCH_f�.L]NL/NO.�1 __E�T8 /D��__���� __�S�lp71 [o____________�nU�nT__DAlI____C+�� oag-ampat'E �'Ij 02/09 022/17 5�,96 '3478 1 7 02«}9 O2/�7 245*5 ��reati�n ReFund 4 80210 �OTAL 3t-E^0OR -------- ---U--Y U--Y& Night Copy 71'emter UaylMight *0O1 1'2200 3 6O217D O2/ �T� 02/17 City Mgr Supplies *001-4210-210 4 80217B 01/677C)A 02�� 02/17 0852 DraftOvlpCueCopies �01-4z 3-2 2 8�217B 01/6865 02/,"; V2/17 966 ��tgeTractFi�l��mf 5 8V2170 02/09 02/17 [en 6ovt'Suppiles 29.l6 *�01 40,W) -2-25 iOTA� DUE VENDOR -- > Day Tzcers Day[iners 4.96 «0�1'4310'22"�25 1 80217G 02/09 02/17 CC, 1'4210-12C0 4 02178 0209 02/17 25525612 DoycIme.-PcktRefil}s'Plng 3.22 *O01 -444O'2340 1 8V217D 02y09 02/17 Emer Prep Training TOTAL "IjE VENDOR '''----'> �lta Care Qg��qtal *001-2110-1(X)4 *0'01'2110-1004 "eltiCare 3 3.K171V2/09 D Feb'2en.tal Press 0TAL PR[PA0 MOUNT ---- TOTAL -3]T3L DUE VENDOR ----> 73.V0 73.CV 25.45 �.45 253.`20�1��1000���] 2M`22 2e>taDent l 0,0217A 02/09 02Y17 Feb -Dental Prems 1, )51-1.-11 02 7 4" Z 7A V2/09 02/17 jam'3pntal Prems 159'52 02/l7/f8 o:v0V31648 TOT AL PREPAlb AMO!�NT '-''> �.4x7.73 rOTAL I'LE 'YE»EIGR --'-'--'> 0.08 �K:Y'453y��1O 2 80-2l0 01/67'-.'3 02/09 022/17 5�,96 7-i'4i' �E yENDOR ----> 5l.fb ���oonu Bar Petty CasA Pe#yCas 4 80210 02/09 0" 7 ��ty Cuunc�l ��pls 10.73 *0O1 1'2200 3 6O217D O2/ �T� 02/17 City Mgr Supplies 11.31 *oV1'4030-2325 4 802178 02/09 O2/17 City Mgr-Mtgs 22.88 *o)'j 4040-2�25 2 8021/D 32/09 02/ City Clerk 7elephune 3.75 *001-4090-1200 5 8V2170 02/09 02/17 [en 6ovt'Suppiles 29.l6 *�01 40,W) -2-25 12 S0217D 02/09 02/17 Son 'Govt ntgs 4.96 «0�1'4310'22"�25 1 80217G 02/09 02/17 Cnm� Svcs-Mtgs 4,U0 0| 4350'12"."0 10 8O��70 02/OY O2/i7 »ecreation Supplies 3.22 *O01 -444O'2340 1 8V217D 02y09 02/17 Emer Prep Training 2.110 .-'AL r -JE VENDOR ----> 9J.O1 6 4 - 4 4 r ,J,14 7 T "E: 414 'i 7 %-ENDCR 'NAME L ­_U C E 'T ----------------------------- ------------------------------------ ------------------------------------------------------------- I ' 0 FeCeral Credit 12rion : A Federal EA;ress Ccrp. F_dE press Q 0 i - 2:131 0 0 - I C.) 10 an c e Craft of upland en,ceCraf t *ix), 1-431.]-2,210 7 2? i I E ',11 /Gi:'� 15 xv l-1�1:' —1cJ2 �615 9 "','217E 0 2 17' E C, 6 Fr an r, 421 C - 4 1011.) 4 1 '21 Iding r 1 d g, 11 a tr *QQ 1 -d4L�' - 1_':,i 21 c 1J :,.1,C 3: E Cal 0 'E 9 902! -Aasar 1 TOTAL CUE VENDOR -------- 6, .75 7 _'1.._:.._4=:47 JUTAL PPEEPAID AIMIOUNT ---- 0,1L99.715 TOTAL DUE VENDOR -------- 0.017 -.75 ,j 21 4M'2787 "'Svcs -Gen Go-vt -1.40 63 TOTAL DUE VENDOR -------- 61.85 ,—ill 1, _*' . V 7 0-11 / 29' �. 37 i FencE Repairs-Feter-,on.Prk I 704.55 7 "Q'7 Sac'K.5tcpRepairs-Hrtg,Frk -2 0" 0' 42217 2937' B1ockWa!iRepair;-P1rtgPrk 0 0 7n 13ac �. t P.R.P . irs - S uff it r d g e 7111, 4j TCT�' .. . . . . . . . . C'T, 1-gs-1/ oxo I 11_ . - "v, UI 1- 11 1 7 1 4 0 L -- - - - - - - - - - ,'`1 h. E S n r 4 4 C. 0 1 a m o n d c a r RtN rT,-iC: t%':�-44 1: C I C C Q 7 7 LIE I Hp.0 ............. ','l 7 /?'S VENDOR NMI VENDOR iD. + + ACCOUNT P.ROJ.TX-NO SATCH -------------------------------------------------------------------------------------------------------------------------------------- EN T R y l/ 12, �E 1 0 1,-- E DES-i"R 1 PT TON ME Ca-iifornia TE -4 n j c.- e -v:-Hr* F '4 54. - AL �U I-ENCLOR -------- uQ 4:=311 -tel C,2,117 P',:one 4U.2. 2.'10r,AL r0iRL DUIE VENDOR -------- .1 u 'TE Cahfixnia -TE 00 1 - 4 0 2 12 Ij 2 0210 ,i^117 r, or, C Svcs -city i,, -,e _:`.f:) ger Eros c -pec alty Ad .-t-Eros *115-4515-2 3c2 4 A/l.".1ie4 C"' o" '17 A"'142 F'romitc-,715-Magnets ?4 77-,'L LIr'U, E VENDU - -------- '09. 94 lichael 'i -42 '1 C-41 Y) , 1 2 1 7� 02/ 17 120 . C�o A lves 4�-!;!-4"'--`,-L'. 0 22 C21,7111 011.5Q14 17 :rai-!gE-r a.,:7.]er C .Clml 0 -------- % Ha =or-Ei-: an Haim' ^r8 ii w—, 1-5pa-n Evc De - gr 'rof -N 61� -ri.ecv 'vcs%Di: nsoectn c s - D! a c 042 2 -C fi I -:g(-11,1 2c c'14, -,C Lac L_ L LSE EN R -------- t J 3 a 7 7-1u . . . . . . . . . . . . . .. VENDOR NAME YENDOR 'I' "CrClu^uT PIRIOi. TX-f4O -------------------------------------------- BATCH --------------------------------------------------------------------------------------- I c T T I-,* rl, L, L,: ","UNT T 2, 17 may. A UE VENJ -------- "Jo !7E 7 1 A L E N ---'R -------- u., 9 zv- 4 2111 -IJ9 -ins c -otoc-c-, -Co, DLE R p 4-31 C, - In 4 ct -32 -2210 DL—LiL, L, 'A )uppi5 OW 7r 0.- �. i _4 L UEI'DO R -- --------- I yn o L i cD 1,-4.;_ CY-2/ 7 42 F d - E c r -S r. C. E g s i 7,itt Newporter I - 405", - 23" j: . "PE C� itj 7 0 r TOTAL 'DUE ',27ZOR --------- I 3y3"t Regency Hotel iiy3ff2acr3 16 or., L e ; 1 s I t v M. 1.3 1 51}Vl Hl yIgr T'079L live VENLO-2 -------- V. A -40'-';)-2200 7 4_ Fj T A L Z E 0 ^^' C1ty IME 44')1 21 O 3 GEG "4uE 9 THR:.............��/17�� Ar'xD8R nAME VENDOR 0. ACCOUNT PR0J.TX-N0 8ATCH PO.LlN[/N0. CkJ7R,/0J�L: T lCE T[IN, AMD; nT Ind�±ry Equzpmen Pent IndEquipRe lnl�m ��zre' �n�an�En 4v'01-4350 531V 6 17� 01/6O42 D O2/68*2 lniairm Val Ie/ 3\y M-,llan o2/Of 02/D lE9�2O ���m���rf�gDr'1/;5 ��.55 ��.Qh) 7V1/17 102198 [^cu/augxb'�/21'22 ij *�5�2�2L\5 2 8�17C�8�0 ��9�/17 lOTPL DUE ;[:DOR ���11 �'��P� H� 55 56 �0l-23V�-lO10 �� C V2�w O2/D 3l5O\�� �ga\ Ad -F -L 37-04-2Y3.6V 11 ��17U *1��42�5'211� 4 ��17C 01/6�� V2/C� V2/�7 315O1�@ A�'CD8G Pub Hrg 81.YV 00-1. 10 �4 SO2\7C Sovt �2/09 62/17 3l5015w Legai Ad'FPL 9t'003 122.85 001'23OO'1010 I5 80217C 1S.S3 �2/0f 02/17 315011,38 Legal Ad -FPL 97 043 61.43 01 10 2� 802z7C V2/OY V2/1/ 11,01.61-8-ega\ Ad'FPL 97'049 ��.42 -2300- 1010 29 802i7C Lae�c��W S2/O9 02/17 31501703 Legal Ad'FPL 97'030 93100 `�V1 23�V-1OlV 28 �02I7C 02�0Y �2/�Y n2/l7 3z5O1729 �egal Ad'FPL Y7'036 93.60 *001'23�0-1O�C 2r 80217C )2/D O2/09 02/17 31501733 Legal AW FPL 96-049 11|4.V8 `C�l-230O'1310 �7 8O�17C 02 09 02/l7 3150i776 -eAa\ Ad'FFL 97-044 105.30 *001-4090'2115 6 17C 01/6724 02/0Q V2/17 AcctO17953 A� Secretary'CClkOffce 5Y.5V *t0l'43lO-2l15 2 8O2�7C �1/6803 32,'09 17 AcctO17�� Ad P&M Helper 63.6V rO7AL DUE VENDOR -------- L . A . COunty ---L.A.County P�ilb,lic Works LeCPubWk m}01'4510'5530 2 ":'1217' O1/6085 0210902/17 115@7 lndudstNsteSv s'�c 1,�4.��0217L 01161% ')'2/09 02,1117 98'CIC-0011490 Tree Watering Svc -s -Dec lOTPL DUE ;[:DOR ----> 1t-44.12 Cc--ilu I ar Tal�mm ��l�l� �R0 2125 11 ��17U O2�� V2/17 2OV33f45 Ce1b.1ar S,cs'�m Gov� (CI —.0 10 ��17O 02/0� (�/17 2iS82 86 ����ular S,cs'Gen Sovt 1-C,-,30-21215 2 202 1 7U �4,/(19 0/17��4C75 �1lul� S,cs'�� 1S.S3 '40;_011 17D 2/0 27 l Ce11uiar Svcs -Geo wt 18.33 rG�AL Ci -;E ----'> 73.32 Lvusape'Wes Lae�c��W *�41-�41'550� 2 �"1/D 01/ -94 02�0Y 02/1/ 24S98 Mamt-DI st#11'-c ^14�'4541��1O 2 80217O ��''628�A 02/C� )2/D 251�� ���l la�nt'Ua, 441 91.�1 4 4 4 RUN TIME: "1 44 02'11 E F. T r: A r t 4 .......... VENDOR NAME VENDOR 10, FIF.-CFAII., C C �'N T PROJ.TX-NC PA71H 4 E.,-, N2. ------------------------------------------------------------------ ?4, --------------------------------------------------------------------- "UNT 'E 0 12 Oon 1 7n L 17 i'�,4 :cil=_P.vw-EN-c5-106 ro 1 230 80217r �fi,? rl 7 -:' 45-103 Soils Rvw N 1 75 !_'{.1-:: "1 Q - I t 2 '0Q 1 (,e:)F hPvw-EN 95-149 580.50 i'_'TAL 2UE VENDO� `- -------- 1,1J -,.GJ Lewis Engraving Inc. LawltiEngra *00 40' t-1 = ','0217D 01/6706 022,,0 0-,/i7 '112 i i 12-P.CbASHImrk-SLsofMTth MT_' 1 VENDOR ---------- 171.32 ' j, Louise !-::?47E .. ':'E E. i ; 17 44%+: Re--r—ation ''ezurld `5. DO TO MAL SLE VELKLION -------- 55.10 M?j.H Realty Fart..-.ers 11 LP M!(H!"ropert *(1;11-4091-2143 2 17D 01 i6G611A "9 7 1,;4.5:0 -),KolA 17 master Mlst�17esl 4 "02', 7D7 �Lj r, Ef npSgn �'epst T -TaL rL'E_ VENDOR -------- L McS.rath Rentccrp ItOrathRei 41-/)l -4'1�"-2`141) 4 CT 2 17 D I �.W C =_3Y dg- 2 ll�- 3;flFj 41 - T C L EIDE %,E N 5 D R --- ----4.76 20SEPM McManus'] ;:..-1'21'0-4100 /09 0, 2/ 17 Cc; M g s; - I , 2, T', T kj!,,n --------i linie 4 2"7 d _17r L E j 7 fA 1 -42 -2 i 1 V j7 anc�71ry-Ye' lo� _a n - - - - - - - - n d B a r 08: 44 ''L . . . . . . . . . . . . . . 0-2/171?` DUE TH ,,,ENE'0R NA*E ACCOUNT PR0j.TX-NO BATCH PU.L,"NE/N0. _" T UE IN"OICE LE KIR 1 Fli 1 ON -------------------------------------------------------------------------------------------------------------------------------------- No-rth Orange County 14"'1 " L 1 PERS i`ealt'in i2n2fits i=*ERSHea I th '.1 , -, 17 40 .!, -2 110- 1 ow �- .3 '. avIroI Tr-an-f2r l II "andace "�atErndk, Rubin 17 :11 0 7E P311pns Src-cery Co. 5. a 1. p h s Q l'i 80217E 07/6,584 Repro Graphics Repri:Graph 10 J. f Zp,-.,), sr.- zt,- p - 1-e adrsh., p In st TOTAL PREPAID AMOUNT ---- TOTI'AL VENDOR -------- IF.s Prems 7 r -Ee Fee 4 .7? ;J'2/1 i'l-K. 1 49 Ak . -11 15 1 TOTAL DLE VENDOR -------- 0.00 �tEr W "rvntnlnce,-.tvAwards 26.46 7 GT �'AL DLE vENIOR -------- 17 avrQl. --ansf2r 4-, C I To FAL PREPAID j. J Re.-. 11335e5 —Pt-�ir- io,AL (uE VENDO� -- -------- T ', Recreation Refund '-7AL UE VENDOR --------- , �-&--Eztion R�; rid J'TAL DUE VEN1213R --------- 0' '/P (12 i 7 1 Mtg S�jppl��-Shrr'- rich 1 127 1 :',jE U A -------- 02/Q9' 02/1.7 TFjrA L DUE VENDOR -------- ++~ Czty of Ctao::�-, -ar ^** ;'IjN TIpE: 44 /98 Y 3 J C H, E R » T�u.............V2/�Vf� mD�R NAM[ VE OR A,-�� F R01-1.TX-NO BOTCH Y9.Ll-NE/`40. ------------------------' ------'--'------ PTlLI, -----------------------'—'' 7 ;�zicka, Jose h T. RuzaJ DER ----'> i2O.0O 4'35l -I 15 8�2 rE 82/]� ��/17 U e;stra um T8T�� DuE VE�DUR ----> 21.O0 SBrPAN Arntored rmck ��ec tran ��\'40YV 4�OS 5 '80217E 01/6197A Qar: Courier Service -Feb i80.O0 VENC[R ----'> 1SV.;0O .3am Gah ie\ Yalley K: EA *S01'4551'2325 09 �y"/17 Gez �tg'2/9'Liu i5.00 024�5� -0-171 AL PREPAlO AMOUNT --> 15.0O 73 r -U;7 yENDO� ----/ 0.0O Sam Gaurinl V]y Tribune 0:)-io10 ,J�Y17 013 Ao-r 2.410 *125'4215'21i U.Y1k NN'CU� 8G bLc �g �W1'23V�1�lV 38 �7E 02/o) Lsgal Ad-FFL 97-S44 �24.64 �vO1'2��'1010 33 7E 32/1O 32/17 k.,C*85 Loyal Ad -FPL Y7'42 �1G.80 *001'2�O0-�VlO 35 G021rE lO 02/17 Le -al Ad -F,::,4- 61 -049 �C3\'2S;V'1010 32 8O21/E o2/1O 02/17 VO537 Lc -gal Ad -FPL f7'S0 1�O.32 *�25 �2�5-2115 8 O0217E 0�/68O1 02/10 O2/17 11211 Au CD8G Pubic Hrg 114.48 *3V1-2�VV'1V1V �4 8�2l7E 02/1� 02/17 ��256 Lm -gal Ad -FPL 96-;03 *O01'23VO'10�� 36 80217E 02�l0 02/17 2O983 Leqai AdfPL 37'049 77.04 �;Vi'23VV'101V 37 B0217E 02/1O O2/17 20-9E'3 Lagal A'dFPL 97-043 04 *VO1-C310'2115 4 80217E 01 8V4 k2/1O 02/17 4ct18S6O2489 Ag-PrxMaintHelper 12 T7AL [LE VENDOR —'--'> Savagliu, Gerald 2626 ��,'�78 12 ��1rE O2/O9 02/17 24t;5"Recrea -tion Refund Y1.0C TOTAL �� VENDOR ----> 91.00 Shawl, lrfan )a V4i[ ��1'2300 1013 5 ��17E 10 0/17 S,gn�epsrRefCm TO'_UE 'VENDOR -------- 1% R��N7li',E 0644o2/11�� �OuC*ER 7ER THRu.............0i /z7�� ;[NDOR ��nE kE�JOR ID. * � lS + * ------------ -------------------------- .. JTX'NO BATF lE/ ------------- ���R�/�� ------------------------------------------------------------------------- �E l��lC �I�CUN 2E�im __—' Scar & Fi�al ��e°t&Fr`l 4-C' 1'435S 531� 10 ��17E 02/»121 ��1O ��/l7 o7o1�� �/c�s1on Sup l�es 66.15 9si--I;'ingoSuppbes 8.87 4.3,50'531O 0 7 Excuryn-Supplies-Roseprde 62.94 7O'rAL Q£ VEm0OR ----) 137.96 So Ca Assn of Govern:-.pnts S�� *001 -4010-2--1,25 9 80217A W:shp-1/21P -Chang I 7!� TOTAL PREPAID AMOUNT --> 10.00 TOTAL DUE VENDOR ----> 0.00 Eo Ca Assoc. of Code SCACED e001'4210'2315 2 0,0217E 02/10 02/17 �8 Membership Dues -Flores 30.0V TOTAL DUE VENDOR '—'''''> 30.00 clridhar, kupp Sr�dhar� '01"1'2300'1002 3 81,217[ 02/1O 02/17 42724 KefnoScrtyUpst-HrcgPrkCtr 20V.00 ToTAL '.;UE VENDGR —'—'''> 200.0O �Laouaro bsuraoce uf 3re �t�mdarUln *�3l'210-1035 L 8O27A 02/;r:� 01/17 F��-��pi Life Ins Frews 98.40 �;0l'2l1O'l�x� 2 �*2�7A O2/0f �2/17 Feb'L��e 1ns �r�a 44o.6� 02/i7/;8 C(�:034652 545.00 TOr'^L V[ni.'*GR '--'—'/ J.0O �tarkey, Ean�ra �624 *OOz'3478 \� 7E Recraation Refund �O�� �� VE��� ----> 70.S0 �mway Su'way 1-030- 2:225 15 8 0217[ O1/6C38 02/10 O2/17 llee z7,g ��pp}ies-12/2 47.88 ^N'1'1090'2325 17 80217E 01/6028 02/10 02/17 �Ieetlng Supplies -1/20 23,94 T5T4L UUE VEEXICR --'—> 7l.82 l�coas. S.�y 1625 ���47' 02 /(N �/l7 ��O R���1or., �'efurjd �.� O�am�`u 2ar *** RUN T!PE;4402/1i�� �0uCxER 3 4 "JE TH8U............02/17/m� VEhUGK :w';ME ACCOUNT PROJ.TX'NO __________________________ 8ATCH PO.LlNEIN0. ENTR|/--Z _________________ l��ICE �ES RIP7T2v ________________________ rime Out Persnn el Svc. TmeOu �C1'f040'4000 1S ��17E O1/6764 02/zV k2/z/ 28GJ /emy�~cs'1/1y-23'Recepto TD�AL :Ea2OR ----> Tya, Steven Tle8 *'01'421A'4iVV 5 802�7D V2/C� O2/17 Pign Cum� Mtgs-1/13-27 '20. 01) TOTAL DUG �ENDOR ----> 120% 00 rj':) Postal Service UsPostSery 1-4090'212V 2 ':J'0'4'1 7E 0-2/10 02/17 Replenish Postage � Meter NN ,.00 7TuL DUE VEN0R ''''''''> 2,0*0.00 UltroSyteua JltraSys 0,11-4210-42402 80217E 01/6769 02/10 02/17 4300 Eo 3,754.00 TOTAL JUE VENDOR ' > 3.754.00 oance Corporation VanceCcrp *250'4510'6411 10397 2 80217E 01/5781 O2/10, 02/17 G8R*habStrInprv'Grd/Plmoo 43,Y83.40 TJr�� DUE VENDOR '—'—''> 4?.983.40 �aiu^ -,ervue Pian VisinoSery 4001'2110'1OO6 \ 80217A C -2y09 02/17 eb-Vision Prems 9��.01 02/17/93 O000��465m pCO1-21�V-10V6 2 80217A 2/09 02/l7 Jao-Prem Adjustmemt 37 i7t:-3.;0:4o5& 17A� PREPAID AMOUNT ---- 7.. �EnDOR ----'/ 0.00 X�lm� Hills Fire wa 11Hills �01-4 2 10 4 80'217E 01/6""58 (J-2/10 02/17 �500, Fir;-�Ex�j�h�.Ein'L''LHaU 2,42"'.57 �$1'4098��10 6 _0"17[ 01/6858 C12Y10 0-2y17 32.44 T',JAL DJEE VENDOR -------- ---Walmt WalnutV}y Water Dist WYNa er8is *139'4539'2126 2 30217E 02/10 82/17 �1/28-1/22DoL41Wat���� 2,�41.23 !7-�Tk VENDOR ----> 2,14L23 Walout/San Dimas Booster 641301mpoo m01'4010-22325 ii 80'21 17 A�/�7 VLt��-�13'��i/��r 50. 010 ���7/��h��1 TOTAL PREPAID AMG�NT --> TDTAL �� VENDOR ----> 0,00 RILN 1- IME: 08:44 02/11�113 V O U C K & [ PAGE l5 DLE T:RU............./�7�� VENDOR NAME ^ PSECAl8 ` ' ���| ��.T���T�0.���/�. �)�/'��� lw�l� ;�L�lRI� ��T �7E [�� ----__---_--_----___—_--_—__--_----_—_----___---------__—_-------- wainct/Se G�7,as Boostar wo! b-DImioo *C��-40�0'2325 13 ��17A WanO' Chuonwa 2h28 *001-3478 16 SO'217E West Coach Corporation AestCcach West Coast irborist inc. runr West Publishing Co. westpub mN1'4O9O'232O � ��1rE 01/6�57 7E 'ein, Fredrick vo�nF - E i}eruaco Zelleruack r h arg TOTAL PREPA0 AMOUNT '—'> 27.50 TC !'AL DUE VENDOR -------- �0.0O 02/t,)9 V2/17 24577 Recreation Refumj 30'C0 TOTAL OoE VENDOR '-''''''> 80.0V O2/10 02/1/ 2O756 V/nylLettring'P&RCommPlqs 6.90 TOTAL CUE VENDOR —'--'/ 6.90 02/l0 02/17 13294Area#4T�e7rimSvc»'1/15 9,538.00 TOT -AL DjE VENDCA ''-'''''� 9.5S8.0; 173�59�� CA judicial Coc1 Forms 36.16 0 17 17�81474 [A CodeAnnotated "es TO7AL ME VENOM -------- - --''-17 1 8fnU-Scr�yDpst HrtgCumCtr 20�.00 �37AL DUE VEmDOH —'-- > 2C0.00 �Y10 02/�7 Ll'��339@� [c�y Paper 579.14 TOTAL 71LE (END0R ----} '579.l4 TLTAL PREPAIO -----'> 72,00.3l TO�L DUL -------'> 149,2-1016.31 TCAL REPURT ------> 22 2,0 So.62 |39 LLA3 Fund 2.z93.iY 21Y3.19 CSSG Fund 4 4o, 74 �12 P.o A'Transit F 462.CA) �41 Lr�AQ 441, Fund 3.O4L�1 3.04�.o1 Rmd f3.�8.4O ��.�3.4� TO�L ------ ------ ------ ------ ------ ------ ------ ------ ALL FVmBS ,��.62 0.-%..-. 1.1. 1.O61.WJ `+^ Clty of D�a�ond 8ar +++ TlrE:CP'441)2iu/8 tel OUCHEn RECISTER P�CE 1 �Un8 311MnA9' KPORT U— ..........,...O2/17�� GL i ja 4{LL 7- O'J'; "i JE HAS POS ED PUR ET�,�ACI; jS FUND __________________________________________________________________ rCTAL DIRECT PAv RE:�wUF ��PEmS[ REVE�U� ExP[WS� REVENUE �1 �e a} u5 lot �aste Mgm F |39 LLA3 Fund 2.z93.iY 21Y3.19 CSSG Fund 4 4o, 74 �12 P.o A'Transit F 462.CA) �41 Lr�AQ 441, Fund 3.O4L�1 3.04�.o1 Rmd f3.�8.4O ��.�3.4� TO�L ------ ------ ------ ------ ------ ------ ------ ------ ALL FVmBS ,��.62 0.-%..-. 1.1. 1.O61.WJ CITY OF DIAMOND BAR AGENDA REPORT AGENDA N0. TO: Terrence L. Belanger, City Manager MEETING DATE: February 17, 1998 REPORT DATE: February 6, 1998 FROM: Bob Rose, Community Services Director TITLE: Award of Professional Services Agreement for Design of Americans with Disabilities Act (A.D.A.) Retro -fit of Heritage and Ronald Reagan Parks SUMMARY: The Americans with Disabilities Act of 1990 (A.D.A.) mandates that public parks be accessible to the handicapped. The City of Diamond Bar has a program for retro -fitting the City parks to meet this federal mandate, and has thus far completed two park retro -fit projects. In order to complete its next two retro -fit projects, Heritage and Ronald Reagan parks, the City requires a design consultant. A request for proposals (R.F.P.) has been released and eight (8) firms responded with proposals. The three (3) most qualified firms were interviewed and staff is recommending an award of contract to David Evans and Associates. RECOMMENDED ACTION: It is recommended that the City Council award the conti act for design of plans and specifications for the A.D.A. Retro -fit of Heritage and Ronald Reagan parks to David Evans and Associates in an amount not to exceed $38,770, plus a contingency of $2,000 for a total of $40,770. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification _ Resolution(s) _ Bid Specifications (on file in City Clerk's office) _ Ordinance(s) X Other: City's Request for Proposals (RFP) X Agreement(s) Proposal from: David Evans and Associates EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? X Yes _ No 2. Does the report require a majority vote? X Yes _ No 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No What Commission? 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: REVIEWED BY: t� �1 V v Te rr ce L. Belange City Manager R ii—mes DeStefan Deputy City Manager Bob ose Community Services Director CITY COUNCIL REPORT MEETING DATE: February 17, 1998 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Award of Professional Services Agreement for Design of Americans with Disabilities Act (A.D.A.) Retro fit of Heritage and Ronald Reagan Parks Issue Statement The City requires a design consultant to develop plans and specifications for the federally mandated A.D.A. Retro -fit of Heritage and Ronald Reagan Parks. Recommendation It is recommended that the City Council award the contract for design of plans and specifications for the A.D.A. Retro -fit of Heritage and Ronald Reagan Parks to David Evans and Associates in an amount not to exceed $38,770, plus a contingency of $2,000 for a total of $40,770. Financial Summary Funding for the design of this A,D.A. Retro -fit project is included in the City Council approved 1997198 Community Development Block Grant (C.D.B.G.) budget. C.D.B.G. funds are provided to the City of Diamond Bar by the federal government. Background The Americans with Disabilities Act of 1990 (A.D.A.) requires that all public facilities, including parks be accessible to the handicapped. The City of Diamond Bar has been retro -fitting its parks to meet this federal mandate and has completed two park retro -fit projects thus far. The next two parks scheduled for retro -fitting are Heritage and Ronald Reagan. In order to complete these two projects it is necessary to hire a design consultant to survey and evaluate the existing park facilities, to then recommend the improvements necessary to make the parks accessible to the handicapped, and then to develop construction documents that will be used to bid for a contractor to construct the improvements. A Request for Proposals (R.F.P.) was released several months ago to begin the selection process for a design consultant. A total of eight (8) proposals were received in response to the R.F.P. and staff selected the three (3) most qualified firms to participate in an interview. Interviews have been conducted and staff recommends that David Evans and Associates be awarded a contract to design the A.D.A. Retro -fit of Heritage and Ronald Reagan Parks. Discussion The eight (8) firms that submitted a proposal to the City, including their bid price are: David Evans & Associates $38,770 RKA $26,828 Purkiss Rose -RSI $41,490 Takata Associates $47,660 CNC Engineering Co. $30,840 Concord Consulting Group not provided V2C Group $56,269 Community Works Design Group $43,327 City Council Report Community Services Dept. Contract for ADA Retro -fit of Heritage & Ronald Reagan Parks Meeting Date: February 17, 1998 Page 2 Two of the firms, Concord Consulting Group and RKA, were deemed non-responsive because they did not provide the information in their proposal that was requested in the R.F.P. Staff carefully reviewed the other six proposals and selected the three (3) most qualified for an interview. The three (3) firms that were interviewed are: David Evans and Associates Purkiss Rose - RSI CNC Engineering Based on the results of the interview and the materials included in the proposals, staff recommends that the City Council award a contract to David Evans and Associates for the design of the A.D.A. Retro -fit of Heritage and Ronald Reagan parks. This design consultant has recent experience completing the design for over twenty A.D.A. retro -fit projects in other Southern California cities. Staff believes that David Evans and Associates is the most qualified firm for this contract. attachments: R.F.P. Proposal Fees, Scope of Work and Hourly Rates Professional Services Agreement Prepared by: Bob Rose Community Services Director Section 3: Scope of Services Task l: Start Up Meeting DEA project team members shall attend an initial start-up meeting with City staff to develop a working relationship between all key members of the team. This meeting shall serve as an opportunity to acquire all relative input about the project site. DEA would request that the city provide any and all existing park plans and digital files, if applicable. This meeting shall also provide a review of the scope of services, objectives, design, maintenance, construction scheduling and budget. Task 2: Park Accessibility Inventory The project team shall prepare a park accessibility inventory and recommendation report which contains checklists for evaluation of buildings and outdoor settings and are applicable to all park facilities. Following the data listed on the survey forms, DEA shall make recommendations for all ADA improvements at both park locations. An 11" x 17" site plan will be included which highlights the location and type of modification required. Restroom and Community Center floor plans will also be included in this section and shall compare existing conditions withe proposed alterations. Finally, this report shall include a summary of ADA improvements, cost estimates and a cost matrix which denotes a prioritized schedule of park upgrades. Task 3: Topographic Survey DEA will prepare a V= 49 scale topographic map which indicates spot elevations for all areas and specific site features included in this ADA retrofit project. DEA will acquire a base map from the City which shall be digitized by our AutoCAD technician in order to provide a new base map which depicts existing elevations. If the City has this base information available in a digital format, DEA could reduce our fee for this task by eliminating the digitizing services. DEA will concentrate efforts of acquiring this topographic information on the parking and active areas of the park. Task 4. Conceptual Layout of ADA Park Upgrades DEA shall prepare an overall site plan at an appropriate scale which fully depicts the proposed improvements necessary to adhere to all ADA guidelines and requirements. Improvements shall include parking areas, access ramps, restroom modifications, drinking fountains, playground areas, picnic facilities (tables, BBQ's, and trash receptacles), ballfield and spectator viewing areas, signage and public telephone accessibility. A preliminary cost estimate shall also be provided. As part of this task, DEA shall attend two Parks and Recreation Commission meetings in support of the conceptual plan and associated improvement costs. Task 5: Construction Documents and Specifications DEA shall prepare 20 scale final construction documents and specifications for all ADA park improvements noted above (architect's plans shall differ in scale). The bid document package shall include requirements set forth by C.D.B.G. requirements. A final construction cost estimate will also be provided indicating: item number, description, quantity, unit, unit price, and total. DEA will attend one City Council meeting to support the bid documents during the approval process of the plans and specifications. Task 6. Bid Assistance DEA shall assist the City during the bid process which shall include: distribution of addendum to the bid documents, review of submittals during the bid process (and recommendation to approve or reject), answering questions from prospective bidders, attendance at the bid opening and review of all submitted bids for completeness (check licenses and references of apparent low bidder including prime and subcontractors). DEA shall provide a written recommendation for the apparent low bidder based on information obtained in the submitted documents, interviews with references, including the State of California Consumer Affairs and other sources with first hand knowledge regarding the competency of the contractor to successfully complete the work described in the bid documents. This task shall also include the attendance at one city council meeting to support the award of contract to the apparent low bidder in addition to attendance at the pre construction meeting to present information on the construction documents. The pre -construction meeting will include a site visit. Task 7. Construction Observation DEA shall provide weekly site visitations by either a landscape architect or project engineer as deemed appropriate during the construction process. We have identified a ten week construction period and therefore our fees reflect this methodology. DEA will continue to provide telephone support as -needed to City staff, project managers, the general contractor and city inspector. Should the length of time exceed our expectations, DEA would continue to provide construction observation for the duration of the project on a time and materials basis in accordance with our enclosed hourly rates. Weekly observations would include: quality control of installation and location of amenities, inspection of installed material quality, inspection of construction conformance to design documents, and construction schedule monitoring. It is our understanding that the city will provide full time inspectors for the project in addition to necessary building inspectors. Task 8. Final Record Drawings The DEA project team will prepare and submit 20 scale as -built drawings on mylar after the completion of project construction. The contractor shall be required to provide "red lines" to DEA in order for our technical staff to provide the necessary information. Task 9. City Council Meeting and Project Completion DEA shall attend a City Council meeting to support acceptance of the project and the filing of the notice of completion, in addition to the "preparation, compilation, and presentation of all necessary documentation, forms, and reports for review by the U.S. Department of Housing and Urban Development, Los Angeles County Office of Affirmative Action Compliance, Los Angeles County Community Development Commission, and other governmental entities during the project and audit review sessions." ," Not included in overall fee DAVID EVANS AND ASSOCIATES, Schedule of Hourly Billing Rates Rates Effective Through June 30, 1998 OFFICE: Principal/Director/Senior Project Manager $ 105.00 Professional Engineer/Project Manager 90.00 Professional Land Surveyor 95.00 Senior Planner/Environmental Analyst 75.00 Engineer/Inspector 75.00 Landscape Architect 85.00 Technician/Researcher 60.00 Senior Drafter/CADD Operator 60.00 Planning/Environmental Staff 60.00 Landscape Designer 55.00 Drafter 50.00 Delivery/Clerical 35.00 Note: Authorized overtime will be charged at 1.5 times the above rate. FIELD: 2 -Person Survey Crew 150.00 3 -Person Survey Crew 190.00 Note: Per union agreement, there is a 4.0, 6.0, and 8.0 hour minimum charge for survey work. REIMBURSABLE EXPENSES: Client shall pay the costs, plus ten percent (10%), for any applicable governmental fees, title company charges, subconsultant, outside vendor reproduction costs, in-house reproduction costs, mileage, and delivery or messenger services incurred on Client's behalf. REQUEST FOR PROPOSALS Americans with Disabilities Act (A. D.A.) Retro -fit of Heritage and Ronald Reagan Park The City of Diamond Bar is seeking responses from qualified firms to provide professional landscape architectural services for the preparation of plans, specifications and cost estimates for the A. D.A. retro -fit of Heritage Park and Ronald Reagan Park, including support for the project during the construction phase. GENERAL BACKGROUND Heritage Park is a developed 3.4 acre park located at 2900 S. Brea Canyon Road in the City of Diamond Bar. Ronald Reagan park is a 6 acre park located at 2201 S. Peaceful Hills Road. The City plans to construct improvements in order to meet federal Americans with Disabilities Act of 1990 accessibility requirements. The intent of the City is to retro -fit the two parks to create totally accessible facilities. This includes the tot lot, restroom buildings, walkways, signage, athletic facilities, parking lot, Community Center, drinking fountains and picnic areas and any other area found to be in need of retro -fit during the review portion of the design process. This project will be funded under the federal Community Development Block Grant Program. Approximately $225,000 in CDBG funds is available for landscape design, engineering, construction inspection and construction costs. The intent of the City is to design and construct improvements at Heritage Park during the 1997/98 fiscal year. The design for Ronald Reagan park is to be completed during 1997/98, with construction planned for 1998/99 fiscal year. City of Diamond Bar RFP Landscape Architectural Services 1 - ADA Retro -fit of Heritage and Ronald Reagan Park SCOPE OF SERVICES 1. Meet with City staff to finalize the scope of services and set a schedule for completion of the project. 2. Review current conditions and recommend the work necessary to create a totally accessible facility per ADA requirements. 3. Provide a topographical survey of the site to establish existing grades/cross slopes. 4. Prepare a conceptual plan of the planned improvements, with cost estimates. Plan to attend two Parks and Recreation Commission meetings to support the conceptual plan. 5. When directed by City staff, prepare 20 scale plans and specifications for the construction of park improvements and entire bid document package (including Community Development Block Grant (C.D.B.G.) requirements). Include engineer's estimate of cost to construct project. 6. Plan to attend one City Council meeting to support the bid documents during the approval process of the plans and specifications. 7. Prepare and distribute any necessary addendum to the bid documents. Also review submittals during bid process and recommend approval or rejection. 8. Attend the bid opening and review all submitted bids for completeness and check licenses and references of apparent low bidder (prime and sub -contractors). 9. Provide a written recommendation for the apparent low bidder based on information obtained in the submitted documents, interviews with references, State of California Consumer Affairs and other sources with first hand knowledge regarding the competency of the contractor to successfully complete the work described in the bid documents. 10. Attend the City Council meeting to support the award of the contract to the apparent low bidder. 11. Attend the pre -construction meeting to present information on the construction documents. Pre -construction meeting will include a site visit. 12. Review submittals and change order requests and provide written recommendations on their approval or rejection during the construction phase. 13. Provide support of the construction documents by attending a meeting on-site up to once per week during the construction process and by providing telephone support as -needed to City staff, project manger, general contractor and City Inspector. City of Diamond Bar RFP Landscape Architectural Services 2 - ADA Retro -fit of Heritage and Ronald Reagan Park 14. Attend final walk through of project and provide written recommendation on the acceptance of the project. 15. Prepare and submit as -built 20 scale drawings on mylar to the City after the completion of project construction. 16. Attend the City Council meeting to support acceptance of the project and the filing of the notice of completion. 17. Prepare, compile and present all necessary documentation, forms, and reports for review by the U.S. Department of Housing and Urban Development, Los Angeles County Office of Affirmative Action Compliance, Los Angeles County Community Development Commission, and other governmental entities during project and audit review sessions. SUBMISSION PROCEDURES The proposal must include the following: ♦ Cover letter including name, address and telephone number for the firm, background information and the name of the contact person. ♦ Names and qualifications for the project team that will be providing the services, including resumes ♦ Scope of Services ♦ Proposed Fee (Must be submitted in separate, sealed envelope) ♦ Breakdown of Proposed Fee by task and hourly rate. ♦ Proposed hourly billing for each project team member that would be assigned and any expected additional expenditures ♦ Experience of the assigned team members with similar work ♦ Firm's capabilities relative to performing the required work within very reasonable time frames ♦ At least three references for similar work ♦ Schedule of required time line to complete the project City of Diamond Bar RFP Landscape Architectural Services 3 - ADA Retro -fit of Heritage and Ronald Reagan Park SELECTION CRITERIA Selection of the firm will be done on a competitive basis. In reviewing and evaluating the response to this RFP, City staff will be considering the following: 1. Responsiveness and comprehensiveness of the proposal with respect to this Request for Proposals (RFP); 2. Experience of the firm designing park retro -fit projects to meet ADA requirements. 3. Related experience and qualifications of the proposed project manager and project team. 4. Availability of project team and their ability to complete this project in a timely manner. 5. Information obtained from references. 6. Willingness to enter into standard City of Diamond Bar Consulting Services Agreement. 7. Reasonableness of the proposed fee. 8. Minority or Women's Business Enterprise Status and Section 3 requirements. The criteria should not be construed so as to limit other considerations which may become apparent during the review and selection process. The City reserves the right to reject any or al I proposals and may elect to make a decision without further discussion or negotiation. This solicitation for proposals is not to be construed as a contract of any kind. The City is not liable for any cost or expenses incurred.in the preparation of the proposal. In addition, since this program is funded with Community Development Block Grant (C.D.B.G.) funds, the selected firm or individual shall comply with all applicable C.D.B.G. requirements and regulations. QUESTIONS All questions concerning this RFP should be directed to Bob Rose, Community Services Director at (909) 396-5694. Attachment: Consulting Services Agreement City of Diamond Bar RFP Landscape Architectural Services 4 - ADA Retro -fit of Heritage and Ronald Reagan Park CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of February 17, 1998 and between the City of Diamond Bar, a municipal corporation ("City") and David Evans and Associates, Inc. , ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City as set forth in Exhibit "A." B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. C. Since this is a Federally assisted construction project, Davis -Bacon will be enforced, and if the State and Federal wage rates are applicable, then the higher of the two will be used. The Federal Labor Standards provisions (Form HUD -4010), HUD's Section 3 requirements Federal Minority Business Enterprise / Women's Business Enterprise (MBE/WBE) requirements and the Federal Wage Determination are attached and made part of this agreement, and compliance will be enforced. Any prime contractor or subcontractor working on a Federally assisted project must be eligible to participate. Any agreement must contain the same Federal language. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "A." B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "A." 2. Term of Agreement. This Contract shall take effect February 17. 1998, and shall continue until lune 30. 1999 , unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "A." Payment will be made only after submission of proper monthly invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed Thirty-eight Thousand. Seven Hundred and Seventy dollars plus a contingency of Two Thousand dollars for a total of Forty Thousand, Seven Hundred and Seventy dollars ($ 40.770.00 ). 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. S. Addresses. City: Terrence L. Belanger, City Manager Consultant: David Evans & Associates, Inc. City of Diamond Bar 800 N. Haven Avenue, Suite 300 21660 East Copley Drive, Suite 100 Ontario, CA 91764 Diamond Bar, California 91765-4177 City of Diamond Bar Consulting Services Agreement - ADA Retro -fit Heritage and Ronald Reagan Parks 6. Status as Independent Consultant. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Consultant shall perform all work to the highest professional standards and in a manner reasonably satisfactory to the City Manager or the City Manager's designee. 8. Indemnification. Consultant is skilled in the professional calling necessary to perform the services and duties agreed to be performed under this Agreement, and City is relying upon the skill and knowledge of Consultant to perform those services and duties. To the fullest extent permitted by law, Consultant hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Diamond Bar and its elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively bindemniteesb) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Consultant or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to this Agreement or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies. which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Consultant shall pay Indemnitees for any attorneys fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a) or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference City of Diamond Bar Consulting Services Agreement - 2 ADA Retro -fit Heritage and Ronald Reagan Parks to the existence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Consultant, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Consultant regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. In the event there is more than one person or entity named in the Agreement as a Consultant, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and commissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence; and (5) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, automotive liability, and worker's compensation coverages. The policy (ies) as to comprehensive general liability, property damage, authomobile liability, and professional liability shall providethat they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non - renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. Consultant agrees that if it does not keep the insurance in full force and effect, and such insurance is available at a reasonable cost, City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Consultant and the cost of such insurance may be deducted, at the option of City, from payments due Consultant. C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement". 10. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. City of Diamond Bar Consulting Services Agreement - 3 ADA Retro -fit Heritage and Ronald Reagan Parks 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendors) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 13. Termination. City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 15. Financial Condition. Prior to entering into this Agreement, Consultant has submitted documentation acceptable to the City Manager, establishing that it is financially solvent, such that it can reasonably be expected to perform the services required by this Agreement. Within thirty (30) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement, Consultant shall submit such financial information as may be appropriate to establish to the satisfaction of the City Manager that Consultant is in at least as sound a financial position as was the case prior to entering into this Agreement. Financial information submitted to the City Manager shall be returned to Consultant after review and shall not be retained by City. 16. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. City of Diamond Bar Consulting Services Agreement - 4 ADA Retrofit Heritage and Ronald Reagan Parks B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 17. Assignment. Consultant shall not assignor transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 18. Performance Evaluation. For any contract in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 19. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 20. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in noway impair or prejudice any right or remedy available to City with regard to such breach or default. 21. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 22.' Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 23. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 24. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. City of Diamond Bar Consulting Services Agreement - 5 ADA Retro -fit Heritage and Ronald Reagan Parks 25. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City wi II only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 26. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. written above. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first "CITY" ATTEST: By: City Clerk Approved as to form: By: City Attorney City of Diamond Bar CITY OF DIAMOND BAR By: Mayor "CONSULTANT" Consulting Services Agreement - 6 ADA Retro -fit Heritage and Ronald Reagan Parks CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO.: - 61 TO: Honorable Mayor and Members of the City Council MEETING DATE: February 17, 1998 REPORT DATE: February 10, 1998 FROM: Terrence L Belanger City Manager TITLE: Award of Design Services for Area 1 Slurry Seat Project. SUMMARY: On October 10, 1997, the Public Works Division solicited proposals for design services for various street improvement projects - among these, the 1997-1998 Area 1 Slurry Seal Project. On November 12, 1997, 14 proposals were received. At this time, Staff proposes to award the design services contract to the most qualified consultant. RECOMMENDATION: That the City Council award the 1997-1998 Slurry Seal Area 1 Project design services contract to GFB-Friedrich & Associates, in an amount not to exceed $21,626.00. Furthermore, it is recommended that the Council authorize an amount of $2,200.00 for contract amendment(s) to be approved by the City Manager, for a total authorization of $23,826.00. LIST OF ATTACHMENTS: X Staff Report Public Hearing Notification _ Ordinances(s) _ Other: RFP dated 10/10/97 and X Agreement(s) Consultants Proposals are on file with the City Clerk EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: I . Has the resolution, ordinarice or agreement been reviewed by the City Attorney? 2. Does the report require a majority or 4/5 vote? 3. Has environmental impact been assessed? N/A 4. Has the report been reviewed by a Commission? N/A Which Commission? 5. Are other departments affected by the report? RE`'lEV4'ED BY: A4,� Terrence L. Belays er City Manager 4fs�,, DeStef no Deputy City Manager x Yes —No Majority _ Yes _ No Yes No Yes x No David G. Liu Deputy Director of Public Works CITY COUNCIL REPORT AGENDA NO. MEETING DATE: February 17, 1998 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Award of Design Services for 1997-1998 Area I Slurry Seal Project. ISSUF, STATEMENT The project location for the 1997-1998 Slurry Seal Program is Area I. It is proposed to award the contract to the most qualified consultant. RECOMMENDATION That the City Council award the 1997-1998 Slurry Seal Area 1 Project design services contract to GFB-Friedrich & Associates, in an amount not to exceed $21,626.00. Furthermore, it is recommended that the Council authorize an amount of $2200.00 for contract amendment(s) to be approved by the City_ Manager, for a total authorization of $23.826.00. FINANCIAL SUMMARY $240,000.00 Gas Tax Fund has been allocated for Area 1 Slurry Seal and $0,000.00 Gas Tax Fund has been allocated for sidewalk improvements in Area 1 for FY 97-98. BACKGROUND/DISCUSSION The City has been divided into seven areas. This project will begin the second cycle of street maintenance/slurry activities on a Citywide basis. The project is to complete approximately 18 miles of residential and collector streets and to remove/repair damaged A.C. pavement, curbs and gutters, and sidewalks as determined by field conditions. The project location of the 1997-1998 Slurry Seal Program is Area 1. See Exhibit "A". On October 10, 1997. the Public Works Division solicited proposals for design services for various street improvement projects - among these, the. 1997-1998 Area 1 Slurry Seal Project. On November 12, 1997, 14 proposals were received. These proposals were reviewed and evaluated by the selection committee based on demonstrated knowledge and ability. adequate number of staff assigned to the job, experience of team members, ability to work with City staff, knowledge of local conditions, involvement with related projects, ability to keep on schedule, ability to stay within budget and demonstrated interest by the consultant. From this, the selection committee, on January 9,1998, interviewed -> firms. At this fime, the Cih� proposes to award the design services contract to the most qualified consultant. The selection committee reconimends GFB-Friedrich & Associates. The fee range for this project from the 14 proposals received ��as $19.050 - $109.852 Prepored By: David Liu/Rose Manela C? .� •°fir �`" d's' ! ' mdv`� o`lO ' �•` E �d d,�.• � Gg '� �d �I V, d � - f�y ��v �, j a Rfp F _ op �� NgO�n • 6 � [� • 50 �y �.F� S �N _ 2� � ,� y G, tl4�•, • C � ca'''m 5 a � b r�-•r� ` CITY OF DIAMOND BAR CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of Februna 17.1998 by and between the City of Diamond Bar, a municipal corporation ("City") and GFB-Friedrich & Associates. Inc.. ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City as set forth in Exhibit "A", the Request for Proposals dated October 10. 1997. B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are 8S described 1r1 Exhibit "B" and Exlubrt "C" for Slurry Seal Area 1, of the Consultant's Responses, dated November 12.1997 and January 19.1998 to the Request for Proposals. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "B" and Exhibit "C" for Slurry Seal Area 1. 2. Term of Agreement. This Contract shall take effect February 17.1998 and shall continue until full and final completioa of said propct described in Exhibit "A", Exhibit "B" and Exhibit "C" for Slurry Seal Area 1 to the satisfaction of the City, unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "B" and Exhibit "C" for Slurry Seal Area I. Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed Twp -one thousand six hundred twenty-six dollars (521.626.00). 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses. City: Terrence L. Belanger, City Manager City of Diamond Bar 21660 East Copley Drive, Suite 100 Diamond Bar, California 91765-4177 Consultant: GF 1 -Friedrich & Associates, Inc. 6529 Riverside Avenue, #230 Riverside, CA 92506 (909)781-081 l,fax(909)781-8435 6. Status as Independent Consultant. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or amployees are in any manner agents or employees of the City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Amt, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the irndenpendant contiwar relationship created by this Agreement. In the event that City is audited by any Fend" or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fee=s, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the worices' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable wo was compensation laws. City shall have the right to offset against the amount of any fees due to Caen wkant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indennnificatian arising under this Section 6. 7. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification. Consultant agrees to indemnify the City of Diamond Bar, its officers, agents, volunteers, employees, and attorneys against, and will hold and save then and each of them harmless from, and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or cher organization arising out of the acts, errors or omissions of Consultant, its agents, employees, subcontractors, or invitees, including each person or entity responsible for the provision of services hereunder. In the event there is more than one person or entity named in the Agreement as a Consultant, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverap ageing any *jury, death, loss or damage as a result of wrongful of negligent acts by ConsukaU4 its offcars, employees, agents, and independent contractors in performance of services under this Agreenent, (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially cover damages that maybe the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence; and (5) worker's compensation insurance with a minimwn limit of $500,000.00 or the amount required by law, whichever is greater. City, its offices, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy (ies) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement; shall be issued by an insurance company which is admitted to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less that A VII. C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum wonder's compensation insurance requireoxats above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. 10. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City of Diamond Bar. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorizatim if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. ment. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of City within restriction or limitation upon its use or dissemination by City. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 13. Termination. Either party may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. However, Consultant shall not terminate this Agreement during the provision of services on a particular project. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Amt. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultants services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 15. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, rec ruilment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 16. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 17. Performance Evaluation. For any contract in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thweaf% throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 18. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 20. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party m such action or proceeding shall be entitled to recover its costa of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 21. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 22. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 23. Counterparts. This Agreement may be exeartted in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 24. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, reprcamtatioas or agreements. This Agreement may not be amended, nor any provision or branch hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amts on behalf of the City will only be valid if signed by the Executive Director or the Chairman and attested by the City Cleric. 25. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "City" ATTEST: By: City Clerk Approved as to form: City Attorney C:\WP60\LINDAKAY\AGREE-98\gfbstdes.217 CITY OF DIAMOND BAR By: Mayor "CONSULTANT" FB -Fri ri h Associatesebc. By:. It . CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Honorable Mayor and Members of the City Council MEETING DATE: February 17, 1998 REPORT DATE: February 10, 1998 FROM: Terrence L. Belanger, City Manager TITLE: Consulting Services Agreement with Austin -Foust Associates, Inc., for the facilitation of the City of Diamond Bar Off-site Parking Task Force SUMMARY: The City Council has established a twenty-five member Off-site Parking Task Force. To address this community issue, the Council has established a tem-#4imited Task Force that is composed of representatives from several sectors of the Community. To guide the Task Force, the City requires an experienced facilitator/special technical consultant The City desires to retain Austin -Foust Associates, Inc., for this assignment because the firm has considerable municipal experience in facilitation of local issues. RECOMMENDATION: That the City Council (a) transfer $16,500 from unappropriated General Fund Balance to the appropriated Traffic and Transportation Contract Services account, (b) approve and authorize the Mayor to execute the Consulting Services AWeenat with Austin -Foust Associates, Inc., in an amount not -to -exceed $15,000 and provide for an amount of $1,500 for additional work to be approved by the City Manager for a total authorization amount of $16,500. LIST OF ATTACHMENTS: Staff Report _ Public Hearing Notification _ Resolution _ Bid Specifications _ OrdinanCeS(S) O#W AuWm-Fact Proposal doled 2MM Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed -X Yes _ No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? WA —Yes —No 4. Has the report been reviewed by a Commission? WA —Yes —No Which Commission? 5. Are other departrnents affected by the repot? WA _Yes _No Reoort discussed with the following affected departments: REVIEWED BY: (l.Ii I "- Terrence L. Be er City Manager C.,V~+avury 1 Vw J DeStefan Deputy City Mana er avid G. iu Deputy Director of Public Works CITY COUNCIL REPORT Agenda No. MEETING: February 17, 1998 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Consulting Services Agreement with Austin -Foust Associates, Inc., for the facilitation of the City of Diamond Bar Off-site Parking Task Force ISSUE STATEMENT: To award a Consulting Services Agreement to Austin -Foust Associates, Inc., for the facilitation of the City of Diamond Bar Off-site Parking Task Force. RECOMMENDATION: That the City Council (a) transfer $16,500 from unappropriated General Fund Balance to the appropriated Traffic and Transportation Contract Services account, and (b) approve and authorize the Mayor to execute the Consulting Services Agreement with Austin -Foust Associates, Inc., in an amount not -to -exceed $15,000 and provide an amount of $1,500 for additional work to be approved by the City Manager, for a total authorization amount of $16,500. FINANCIAL SUMMARY: $16,500 can be allocated from the unappropriated General Fund Balance. BACKGROUND/DISCUSSION: The City Council wishes to examine the off-site (on -street) parking issue in an open atmosphere that incorporates the opinions and insights of residents and businesses alike. To address this community issue, the Council has determined that it needs to establish a term -limited Task Force that shall be composed of representatives from several sectors of the Community. To guide the Task Force, the City requires an experienced facilitator/special technical consultant. On January 11, 1998, staff interviewed and solicited proposals from the on-call traffic and transportation engineering consultants. On January 26, 1998 staff received three proposals: Austin -Foust Associates, Inc. (AFA); O'Rourke Engineering; and Linscott, Law & Greenspan Engineers. Based on experience of the facilitator, ability to work with staff, knowledge of local conditions, and involvement with related traffic/parking studies, staff finds Mr. Joe Foust of AFA to be the most qualified consultant. Austin -Foust Associates, Inc. February 17, 1998 Page 2 To reach a conclusion with respect to some form of off-site parking policy, and to do so in a timely fashion (no later than June 30, 1998), AFA envisions two meetings per month. Specific tasks have been identified as critical to the successful completion of this Task Force objective. They are: • Kick-off meeting; • Collection of other cities' ordinances; • Problem identification; • Review of other agency policies; • Enforcement; • Draft Report; • Discussion of draft; and • Final Report The consultant will be expected to facilitate up to 12 meetings, research and prepare the necessary information, and guide the Task Force to yield a final report that addresses the off-site (on -street) parking issue in the community. It is the recommendation of staff that the City retain AFA to facilitate the Off-site Parking Task Force. Prepared by: C:1wP6OkL24DAKAY\CCR-981takfome.217 CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of ,February 17.1998 by and between the City of Diamond Bar, a municipal corporation ("City") and Austin -Foust Associates. Inc., ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City. B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "A" the Consultant's Response, dated February 6. 1998 to the City's Request for Proposals. B. Level of ServiceslTime of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "A." 2. Term of Agreement. This Contract shall take effect February 17, 1998, and shall continue until fiill and final completion of said project described in Exhibit "A" for the facilitation of the City of Diamond Bar Off-site Parking Task Force, unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "A." Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed Fifteen Thousand dollars (S 15.000.001. 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses. City: City Manager City of Diamond Bar 21660 East Copley Drive Suite 100 Diamond Bar, California 91765-4177 6. Status as Independent Consultant. Consultant: Austin -Foust Associates, Inc. 2020 N. Tustin Avenue Santa Ana, CA 92705-7827 714 667-0496 fax 714 667-7952 A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent oontractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable warWs compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification. Consultant agrees to indemnify the City, its officers, agents, volunteers, employees, and attorneys against, and will hold and save them and each of them harmless from, and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the acts, errors or omissions of Consultant, its agents, employees, subcontractors, or invitees, including each person or entity responsible for the provision of services hereunder. In the event there is more than one person or entity named in the Agreement as a Consultant, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $ 1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its offices, employees, agents, and independent contractors in performance of services under this Agreement; (2) property dame gee insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent ads of Consultant, in an amount of not less than 51,000,000 per occurrence; and (5) worker's compensation in==ce with a minimum limit of 5500,000.00 or the amount required by law, whichever is greater. City, its offices, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ics) as to comprhensive general liability, property damage, and automotive liability. The policy (ies) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement, shall be issued by an insurance company which is admitted to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less that A VII. C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. 10. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prim written consent, use the same for other unrelated projects. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Amt shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. 12. Confect of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendors) of hardware or software to City as a result of the performance of this Agreement. ConsuultarWs covenant under this section shall survive the termination of this Agreement. 13. Termination. Either party may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. However, Consultant shall not terminate this Agreement during the provision of services on a particular project. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Amt, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 15. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such shall include but not be limited to the following: employment, upgrading, demotion, trwisfews, recruitment or remmitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical comdition, or sexual orientation. C. Consultant willcause the foregoing provisions to be inserted mall subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 16. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 17. Performance Evaluation. For any contract in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 18. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 20. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 21. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 22. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 23. Counterparts. This Agit may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 24. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Amt. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Cleric. 25. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have exerted this Agreement as of the date first written above. "City" ATTEST: CITY OF DIAMOND BAR By: City Clerk Approved as to form: By: City Attorney "CONSULTANT" By: Its: C:\wp6o1LmAKAy�AGREE98\af�.217 By:. Mayor 4 %RIs �WA11MMMf01/ST ASSOCIATES, /NC. TRAFFIC 6NG/NEERINO AND TRdNSODRTAiION PLANNING 2020 NORTH TU8TIN AVENUE - SANTA ANA, CALIFORNIA 92705.7827 • TELEPH1DINE (714) 667-79524) 67-00490 February 6, 1998 City of Diamond Bar 21660 E. Copley Drive, #100 Diamond Bar, CA 91765 ATTENTION: Mr. David Liu SUBJECT: PROPOSAL - OVERNIGHT PARKING STUDY FACILITATOR Dear Mr. Liu: Austin -Foust Associates, Inc. (AFA) is pleased to respond to your RFP to serva as facilitator and special technical consultant to the City's select committee reviewing the need for a ban on overnight parking on City streets in the City of Diamond Bar. As you are- aware, AFA hua, cvaductcd utauy traffic/parking studies which involved citizen committees. In all, the number of these citizen meetings and/or presentations for which we have been a central figure exceeds 500 in our 15 years of business. In addition, we discussed our qualifications with respect to parking and rctcr you to our references, Mr. Nelson Wong, City of La Habra or Mr. Hamid Bahadori, City of Orange, with respect to recent citywide parking studies we have completed. Our approach to the City of Diamond Bar is to provide the technical expertise including any staff research that may be necessary to address issues raised by the select committee, and to provide leadership to facilitate the orderly conduct of the meetings. We understand the goal of this study is to reach a conclusion with respect to some form of cruvrnight parking policy, and to do so in a timely fashion, but not later than June 30, 1998. In order iv achicvc this ubj=tivc, we e,ivisiutl LWU meetings per month held during the early evening hours on a midweek night to be chosen by the committee itself. AFA will provide the facilitator (i.e., myself) and a staff assistant (Ms. Cathy Lawrence, P.E-) to work with both staff and the committee chairperson. Given the time frame of five months to complete this formidable task, up to 12 meetings may be necessary. This essentially means it will be necessary to "double up" on meetings during some months - probably those in April and May, to complete the effort by June 30th. A total of nine (9) tasks have: been identified as critical to the succ.eS,afill COMPIetion of this study effort in the timely fashion proposed. These are: $db -q cmpk `[Ez City of Diamond Bar February 6, 1996 Page Z Task 1. Kick-off Meeting - An initial meeting will be held with the Advisory Committee to determine what the issues and concerns are that prompted the need for the ordinance. The format for this meeting will be: a. Introduction of Consultant and Staff in the technical support role b. Introduction of other committee members C. Outline of the general schedule proposed d. Development of the problem statement Task Z. Collection of Other Cities' Ordinances - AFA will prepare a request for ordinances of neighboring and/or other similar cities and their approach to enforcement. This information will be presented to the City of Diamond Bar for processing and mailing, but AFA will tabulate the results. Task 3. Problem Identification - AFA will conduct an inventory of overnight parking within the City through periodic nighttime visits at those locations identified in committee discussion. The primary purpose of this task will be to identify locations where overnight parking occurs and determine whether or not this is a problem, and not necessarily quantify the extent other than to acknowledge overnight parking does occur. Task 4. Review of Otber Agency Policies - The purpose of this meeting is to review with the rucuttcra wliat uthcL citk4 am dviug with rcgard W vvc"icc vebielc paikuug. Advisury Cbnuitittre members will have the opportunity to participate and comment based on these findings and our recommendations. Task S. Enforcement - AFA will compile a table of enforcement measures for the policies that were developed in Task 4 for presentation at the meeting. These measures will be based on data compiled from other cities and also from discussions that took place in the previous Advisory Committee meetings. Task 6. Draft Report - AFA will prepare a complete draft of the Problem Statements, Policies and Enforcement Measures. This draft will be submitted to City Staff and to the Advisory Cvirunittcc- Task 7. Discussion of Draft - An Advisory Committee meeting will be held to review and discuss the draft report. Task S. Council Meetings - AFA will attend council meetings or other public meetings up to sir hours of principal time and six hours of PE time_ Task 9. Final Report - AFA will modify the Draft Problem Statement, Policies and Enforcement Measures based on input from Tasks 7 and S. sdt-,MVr-pk TOTAL P.©? 1 ;0 City of Diamond Bar February 6, 1998 Page 3 a] As indicated, I will serve as the facili or at the committee meetings, and researct and prepare the necessary information (Le., the staff )ort) prior to each meeting. the wmmitte: � chairperson will run the mertin&% tort ar facilitator 1 .1 serve the primary function of technical a fvisorlconsultant_ It is estimated that each meeting wil ;quire a total of 12 person hours, 4 hours 2 hours each for 2 persons) for the meeting itself a up to 8 hours of staff preparation. Assuming the study ultimately requires 12 committee me age, I estimate the cost will not exceed $15." based on the following personnel assignment: Personnel Allocation pu Mea Rate Floras Cott Principal Traffic Engineer, P.E 130 48 S 6,?4r, Transportation Engineer 8o 96 7,6410 Technical/Clencal s0 23 1,20(r TOTAL $15,08o CALL $ls,"' Of course, only those hours actually used will be invoiced. If you have any questions. please call. Sincerely, E. Foust, P.E. 8db-overpk TOTAL P.04 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. L 4" TO: Honorable Mayor and Members of the City Council MEETING DATE: February 17, 1998 REPORT DATE: February09, 1998 FROM: Terrence L. Belanger, City Manager TITLE: Resolution No. 98 -XX, a Joint Resolution of the Board of Supervisors of Los Angeles County Acting in Behalf of Los Angeles County General Fund, Los Angeles County Library, Los Angeles County Flood Control, Los Angeles County Fire - FFW the Board of Directors of County Sanitation District No. 21 of Los Angeles County, and the Governing Bodies of City of Diamond Bar, Greater Los Angeles Vector Control District, Three Valleys Municipal Water District Approving and Accepting Negotiated Exchange of Property Tax Revenues Resulting from Annexation to County Sanitation District No. 21. SUMMARY: Prior to the effective date of the "Annexation No. 662", which relates to the annexation of Diamond Ranch High School to County Sanitation District No. 21, affected agencies must approve and accept the negotiated exchange of property tax revenue. Due to the annexation property being owned by the School District, the property is not assessed property taxes. The County Sanitation District requires the tax sharing resolutions in case the property is sold or ownership transferred. Property tax revenues would not be exchanged or shared as long as the School District owns the property. RECOMMENDATION:. It is recommended that the City Council adopt Resolution No. 98 -XX which transfers a portion of the annual tax increment attributable to Diamond Ranch High School from the City of Diamond Bar to Los Angeles County Sanitation District No. 21. LIST OF ATTACHMENTS: X Staff Report X Resolution(s) Ordinance(s) Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _Public Hearing Notification Bid Specification _ Other: Joint Resolution/map 1. Has the resolution, ordinance or agreement been X Yes _ No reviewed by the City Attorney? 2. Does the report require a majority vote? X Yes —No 3. Has environmental impact been assessed? N/A Yes _ No 4. Has the report been reviewed by a Commission? N/A Yes —No Which Commission? 5. Are other departments affected by the report? Yes No Report discussed with the following affected departments: v Terrence L. Bela J&es DeStefa o lGflee A. Fritzal City Manager Deputy City Manager Assistant to the City Manager CITY COUNCIL REPORT MEETING DATE: February 17, 1998 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Resolution No. 98 -XX, a Joint Resolution of the Board of Supervisors of Los Angeles County Acting in Behalf of Los Angeles County General Fund, Los Angeles County Library, Los Angeles County Flood Control, Los Angeles County Fire - FFW the Board of Directors of County Sanitation District No. 21 of Los Angeles County, and the Governing Bodies of City of Diamond Bar, Greater Los Angeles Vector Control District, Three Valleys Municipal Water District Approving and Accepting Negotiated Exchange of Property Tax Revenues Resulting from Annexation to County Sanitation District No. 21. ISSUE STATEMENT: To be able to receive off-site disposal of sewage, a property must be annexed into the County Sanitation District. The District serving Diamond Bar is Sanitation District No. 21. If properties, currently being developed, are not incorporated into the District, a tax sharing resolution approving and accepting the negotiated exchange of property tax revenue must be approved by all parties involved. RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 98 -XX, which transfers a portion of the annual tax increment attributable to Diamond Ranch High School from the City of Diamond Bar to Los Angeles County Sanitation District No. 21. FINANCIAL STATEMENT: The property is owned by a School District; therefore, no property tax is assessed, and there will be no tax increment to share. BACKGROUND: Section 99 of the Revenue and Taxation Code requires that prior to any jurisdictional change the governing bodies of all agencies whose service areas or service responsibilities would be altered by the change must determine the amount of property tax revenue to be exchanged between the affected agencies and approve and accept the negotiated exchange of property tax revenue. It has been determined that the City's portion of incremental tax growth attributable to "Annexation No. 662", which relates to the Diamond Ranch High School site into County Sanitation District No. 21, is 0.0403. Adoption of this Resolution will not affect the transfer of any property taxes due to the School District not being assessed any property tax. RESOLUTION NO. 98— JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES ACTING IN BEHALF OF Los Angeles County General Fund Los Angeles County Library Los Angeles County Flood Control Los Angeles County Fire - FFW THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 21 OF LOS ANGELES COUNTY, AND THE GOVERNING BODIES OF City of Diamond Bar Greater Los Angeles County Vector Control District Three Valleys Municipal Water District APPROVING AND ACCEPTING NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUES RESULTING FROM ANNEXATION TO COUNTY SANITATION DISTRICT NO. 21. "ANNEXATION NO. 662" WHEREAS, pursuant to Section 99 and 99.1 of the Revenue and Taxation Code, prior to the effective date of any jurisdictional change which will result in a special district providing a new service, the governing bodies of all local agencies that receive an apportionment of the property tax from the area must determine. the amount of property tax revenues from the annual tax increment to be exchanged between the affected agencies and approve and accept the negotiated exchange of property tax revenues by resolution; and WHEREAS, the governing bodies of the agencies signatory hereto have made determinations of the amount of property tax revenues from the annual tax increments to be exchanged as a result of the annexation to County Sanitation District No. 21 entitled Annexation No. 662. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS 1. The negotiated exchange of property tax revenues resulting from the annexation of territory to County Sanitation District No. 21 in the annexation entitled Annexation No. 662 is approved and accepted. 2. For each fiscal year commencing on and after July 1, 1999, or after the effective date of this jurisdictional change, whichever is later, the County Auditor shall transfer to County Sanitation District No. 21 a total of 0.2534 percent of the annual tax increment attributable to the land area encompassed within Annexation No. 662. Said percentage has been determined on the basis of the following contributions. AGENCY PERCENT Los Angeles County General Fund 0.1798 Los Angeles County Library 0.0149 Los Angeles County Flood Control 0.0071 Los Angeles County Fire - FFW 0.0090 City of Diamond Bar 0.0403 Greater Los Angeles County Vector Control District 0.0002 Three Valleys Municipal Water District 0.0021 TOTAL 0.2534 3. No additional transfer of property tax revenues shall be made from any other taxing agencies to County Sanitation District No. 21 as a result of annexation entitled Annexation No. 662. 4. No transfer of property tax revenues from properties within a community redevelopment project shall be made during the period that the entire tax increment is legally committed for repayment of the redevelopment project costs. 5. If at any time after the effective date of this resolution, the calculations used herein to determine initial property tax transfers or the data used to perform those calculations are found to be incorrect thus producing an improper or inaccurate property tax transfer, the property tax transfer shall be recalculated and the corrected transfer shall be implemented for the next fiscal year, and any amounts of property tax received in excess of that which is proper shall be refunded to the appropriate agency. The foregoing resolution was adopted by the Board of Supervisors of the County of Los Angeles, the Board of Directors of County Sanitation District No. 21 of Los Angeles County, and the governing bodies of City of Diamond Bar, Greater Los Angeles County Vector Control District, and Three Valleys Municipal Water District, signatory hereto. ATTEST: Secretary CITY OF DIAMOND BAR SIGNATURE PRINT NAME AND TITLE Date (SIGNED IN COUNTERPART) I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, California do hereby certify that the foregoing Resolution Number 98 --was duly and regularly passed and adopted by the City Council of the City of Diamond Bar, California, at its adjourned regular meeting held on the _ day of , 1998, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Lynda Burgess, City Clerk City of Diamond Bar f!I �...r PaMONA 0 LLI/TJ6 u x �.a� — LIxE OF Cx1x0 xIL LS PEY! I, W' L, .{p•YF'... ]{ZA' {IOE, ESL{L ITxFD er [DuxT 59.50"S{'. ,LS.{{' FxGI HEEL OE SW .E.x.x01M0--� LJ xM•5{'i{•. i{6. lt' L. TSA•DS'14E 110.1,' L6 [ i2S. DD' Ll 520.55'34[ ,DS.OD' LY SLS•21'40"E 36.11' CUA'YB DATA ArNlexaf I0n No. 662 Shawl thus — — — — — — — — — xLDIYS LF xOtx LNOLE soo. oo' 35zno• ,a•oD'o0• ci 120. 1a.a' io•oD'oo• oWnOory of Sanitation Diitr let No. 21 Prior C3 iDD.00• m.nz• iD•o0•Do• to Annexot tan No. 662 ShOMn fhl1S — — — — — — — — u )s.DD• ,oxer noo•DD' CITY OF Area of Annexation n zoo. ro' it 21-44 71.615 Acres 1 s POYONA 0 o� I f �1< ANNEX. NO.662 1 ' 5o \ VICINITY NAP b0 SCLLE CUA'YB DATA ArNlexaf I0n No. 662 Shawl thus — — — — — — — — — xLDIYS LF xOtx LNOLE soo. oo' 35zno• ,a•oD'o0• ci 120. 1a.a' io•oD'oo• oWnOory of Sanitation Diitr let No. 21 Prior C3 iDD.00• m.nz• iD•o0•Do• to Annexot tan No. 662 ShOMn fhl1S — — — — — — — — u )s.DD• ,oxer noo•DD' Prior AnnOxatlaShown ni Shothus— — — — — — — Cl 550.00' ,51..,• 11'10'00• CL M...1-01,--, ' Area of Annexation n zoo. ro' it 21-44 71.615 Acres 0.112 SauOre Niles 5M 4:/ V C) -N- 0 300' 600' 900" COUNTY SANITATION DISTRICT NO. 21 OF LOS ANGELES COMM CALIF. OFFICE OF CHIEF ENGINEER C"MES O.CANM CHIEF EIIOI{RES NO UKRAL YLNAGU ANNEXATION NO.662 TO COUNTY SANITATION DISTRICT NO. 21 AOOor0..5 65a. F611.-417 21 -b -T36 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. T0: Terrence L. Belanger, City Manager MEETING DATE: February 17, 1998 REPORT DATE: February 6,1998 FROM: Bob Rose, Community Services Director TITLE: Extension of contract amount for West Coast Arborists for Street Tree Maintenance Contract SUMMARY: The City of Diamond Bar has a contract with West Coast Arborists to perform street tree maintenance duties. Due to the large demand for service this fiscal year, it necessary to increase the contract amountwith West Coast Arborists to continue offering responsive street tree maintenance this fiscal year. The current contract with West Coast Arborists is for $45,000. Staff is seeking an increase in this amount of $10,000, raising the total authorized contract amount to $55,000. There are already funds budgeted in the 1997/98 fiscal year budget for this increase. RECOMMENDED ACTION: It is recommended that the City Council authorize additional street tree maintenance work to be performed by West Coast Arborists for the 1997198 fiscal year, in a total amount not to exceed $55,000, LIST OF ATTACHMENTS: X Staff Report Resolution(s) Ordinance(s) X Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been Public Hearing Notification Bid Specifications (on file in City Clerk's office) X Other: Contract Extension (1997/98 FY) 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? X Yes _ No Report discussed with the following affected departments: Finance REVIEWED BY: Terrence L. Belang City Manager Ja s DeStefano Deputy City Manager ob ose Community Services Director CITY COUNCIL REPORT MEETING DATE: February 17, 1998 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Extension of Contract Amount for West Coast Arbodsts for Street Tree Maintenance Contract Issue Statement Under the purchasing guidelines, contracts in excess of $10,000 cannot be increased without authorization from the City Council. Recommendation It is recommended that the City Council authorize additional street tree maintenance work to be performed by West Coast Arborists for the 1997/98 fiscal year, in a total amount not to exceed $55,000. Financial Summary $10,000 in funds for additional street tree maintenance services for the 1997198 fiscal year were approved by the City Council at its last meeting as an item in the mid -year budget adjustment Background On May 6, 1997, the City Council approved the street tree maintenance contract with West Coast Arborists for $45,000 for fiscad year 1997198. During the first seven months of the Fiscal Year (July 1997 through January 1998) staff authorized the trimming of 1,111 trees, the removal of 70 trees and reponsive 53 hours of emergency tree work for a total cost of $43,893. In order to continue providing street tree maintenance service for the remainder of the fiscal year, it is necessary to extend the contract with West Coast Arborists to $55,000, an addition of $10,000 to the existing $45,000 contract. Discussion West Coast Arborists, Inc. provides a number of services under this contract as the City's street tree maintenance contractor. Emergency work is performed when a tree or large branch falls and needs to be removed to clear the street or sidewalk. The majority of emergency work ocurred on December 12, 1997 when 20 trees and branches were blown down in high winds and had to be removed in an expeditious manner. An area trim is performed in a particular section of the city where all the street trees are reviewed and trimmed, if necessary, on a regular cycle. This process results in the trimming of approximately 10,000 street trees every five years. Area #4 (section of Diamond Bar primarily south of Pathfinder Road) was trimmed this year. A total of 691 trees in Area #4 were trimmed. As -needed trimming is done when requested by residents. As - needed work is completed when the public health and safety is an issue. A total of 420 trees were trimmed during as -needed operations this year. Trees are removed when sidewalk repair work requires the removal of the tree to prevent roots from damaging new sidewalks. 17 trees were removed for sidewalk repairs this year. City Council Report Community Services Dept. Contract for WCA-Street Tree Maintenance Meeting Date: February 17, 1998 Page 2 Total cost for the work described above for the past seven months is $43,893. It is estimated that $10,000 will be needed to complete emergency work, as -needed work and tree removals related to sidewalk repairs for the remainder of the fiscal year. Area trimming has already been completed this year. Prepared by: Bob Rose Community Services Director KNOW ALL MEN BY THESE PRESENTS: That the following agreement is made and entered into, in duplicate, as of the date executed by the City Clerk and the Mayor, by and between West Coast Arborists, Inc. hereinafter referred to as the "Contractor" and the City of Diamond Bar, California, hereinafter referred to as "City". WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and declared on the date specified in said notice; and WHEREAS, City did accept the bid of Contractor West Coast Arborists= Tnc and; WHEREAS, City has authorized the City Clerk and Mayor to enter into a written contract with Contractor for furnishing labor, equipment, and material for Citywide Street Tree Service as described in Exhibit "A". NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: Contractor shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for citywide street tree service. Said work to be performed in accordance with specifications and standards on file in the office of the City Manager and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Manager. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENT Rv: The aforesaid specifications are incorporated herein by -reference thereto and made a part hereof with like force and effect as if all of said documents were set forth in full herein. Said documents, the Resolution Inviting Bids attached hereto, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the contractor whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. M-1 3 u • &KIRN0: a. The undersigned bidder agrees to execute the contract within ten (10) calendar days From the date of notice of award of the contract or upon notice by City after ten (10) calendar days from the date of notice of award of the contract or upon notice by City after the 10 calendar days, and to complete his portion of the work within one hundred twenty (120) calendar days from the execution of the first contract. The bidder agrees further to the assessment of liquidated damages in the amount of one -hundred ( $100.00) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the Contractor under this contract. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4. .INSURANCE: The Contractor shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the Contractor allow any subcontractor to continence work on his subcontract until all insurance required of the subcontractor has been obtained. The contractor shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Compensation Insurance: Before beginning work, the contractor shall furnish to the Engineer a certificate of insurance as proof that he has taken out full compensation insurance for all persons whom he may employ directly or through subcontsactors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every contractor shall secure the payment of compensation to his employees. Contractor, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the Contractor or any subcontractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) S500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) Contractor's Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) Contractor's Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. c. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is qualified to do business in the State of California. 2) Name as additional insured the City Or Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to by so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under said policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter. 5) Otherwise be in form satisfactory to City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of Contractor or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. The Contractor shall at the time of the execution of the contract present the original policies of insurance required in paragraphs a. and,b. hereof, or present a certificate of the insurance company, showing the issuance of such insurance, and the additional insureds and other provisions required herein. 5. PREVAILING WAGE: Notice is here by given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. Pursuant to Labor Code Section 1775, the contractor shall forfeit, as penalty to City, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. 6. PP RNTi SIIIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statues of 1939, and in accordance with the regulations of the California Apprenticeship council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Sections 1777.5 of the Labor Code concerning the employment of apprentices the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship. committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: a. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or 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 i. is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or d. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contribution to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the Contractor and any subcontractor under him shall comply with and be governed by the laws Or the State of California having to do with working hours set forth in Division 2, Part 7, chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 9. CONTRACTOR'S L.IABIL.ITY: The City of Diamond Bar and its officers, agents and employees shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen employees of the contractor of his subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever, except the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City during the progress of the work or at any time before its completion and final acceptance. The Contractor will indemnify City against and will hold and save City harmless from any and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the contractor, his agents, employees, subcontractors, or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City, but excluding such actions, claims, damages to persons or property, penalties, obligations, or liabilities arising from the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City, and in connection therewith: a. The Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations, liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The Contractor will promptly pay any judgment rendered against the Contractor or City covering such claims, damages, penalties, obligations, and liabilities arising out of or in connection with such work, operations, or activities of the Contractor hereunder, and the Contractor agrees to save and hold the City harmless therefrom. c. In the event City, without fault, its made a party to any action or proceeding filed or prosecuted against the Contractor for damages or other claims arising out of or in connection with the work, operation, or activities of the contractor hereunder, the contractor agrees to pay to City any and all costs and expenses incurred by City in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the Contractor under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damage as aforesaid. 10. NON-DISCRIMINATION: No discrimination shall be made in the employment of persons upon public works because of the race, color, or religion of such persons, and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Division 2, Part 7, Chapter I of the Labor Code in accordance with the provisions of Section 1735 of said Code. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the Contractor for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with Contractor's Proposal dated June 281994, in the total amount of 5 37, 400. 0 0 12. ATTORNEY'S FEES: In the event that any action or proceeding is brought by either party to enforce any term or provision of this Agreement, the prevailing party shall recover its reasonable attorney's fees and costs incurred with respect thereto. IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed with all the formalities required by law on the respective dates set forth opposite their signatures. State of California Contractor's License No. SUO 64 TNN 3d.� Iqq� Date APPROVED AS TO FORM City Attorney Date wev uAs-r ,Ar¢. 01' NG• CITY OF BY: �4 Mayor BY. Citv 1 Title Contractor's Business Phone 1 �i - bi • 5 Emergency Phone at which Contractor can be reached at any time --! 1 N '`3 l• 'tel t 19 AR, CALIFORNIA WORKSHM I. Chargea for routine scheduled work The City of Diamond Bar will provide a list of trees that require service to the contractor at various times throughout the year. The number of trees on the list could vary from one to over one thousand. Please ent(.• a per tree bid price for each bench mark quadty listed below. A. Single Tree Service S 200.00 per tree x 1 tree = S 200.00 (trimming of any single tree) B. Small Quantity Service $ 100.00per tree x 10 treer S1'�'00 (Trimming of two to ten trees) $ 45.00 p C. Medium Quantity Service � tree x 100 trees= 500.00 (Trimming of 11 to 100 trees) D. Large Qwntity Service $ 22.00 per tree x 1000 trees- 522.000.00 (Trimming of 101 to 1000 trees) I. Total for Routine Scheduled Work = $2 IL Rye novals/Stump Grind Mcm charges for work according to the listed trunk diameter at breast height: 0-6" 7" - 12" 13"-24" Over 24" Total Diameter Diameter Diameter Diameter (18 3/4" Cir) (37 5/8 Cir) (75 3/8 Cir) Removal S 100.00 $ 100.00 $--LOO --00 5 100.00 10 5 4.000.00 .a removals/ Stump Grind $ 10.00 $ 40.00 $ 40.00 $ 40.00 x 10 $stump $ 1, 300.00 II. Total for RemovaWStump Grind S.5, III. Root P+t - 0-25' 25'-100' l W-500' 500'+ Total Cost Per Tim Foot S10-00 S 10.00 S 10.00 $ 10.00 x 10 = S 400.00 III. Total for Root Pruning $ �� 26 M Emergenaq Charges Emergenq Charges shall include all personnel, equipment and other materials used in completion work. A. N inimum Service Charge S 100.00 per hour x 20 hours -$2,000-00 Charge per Response with two (2) hour minimum B. Charges beyond the minimum time S 100.00 per hour x 20 hours =$2,000.00 N. Total for Emergency Charges $44,0 27 Robert S. Huff Mayor Carol Herrera Mayor Pro Tem Eileen R. Ansari Council Member Clair W. Harmony Council Member Gary H. Werner Council Member Rec ded paper April 7, 1997 City of Diamond Bar 21660 E. Copley Drive, Suite 100 - Diamond Bar, CA 91765-4177 (909) 860-2489 - Fax: (909) 861-3117 • City Online (BBS): (909) 860-5463 Internet: http://www.ci.diamond-bar.ca.us Randy Thompson, Vice President West Coast Arborists, Inc. 2200 E. Via Burton Street Anaheim, CA 92806 RE: CITY-WIDE STREET TREE MAINTENANCE Dear Mr. Thompson: This is to inform you that the City of Diamond Bar is interested in extending the City -Wide Street Tree Maintenance Contract with West Coast Arborists, Inc. from July 1, 1997 through June 30, 1998. The contract will remain the same amount as the 1996/97 contract, $45,000. Upon approval of this contract extension by the Diamond Bar City Council, a purchase order in the amount not to exceed $45,000 will be processed and forwarded to you. Sincerely, Bob Rose, Director Community Services Department By signing below, the parties agree to the above terms. Mayr Date Vice President Date City of Diamond Bar West Coast Arborists, Inc. Attest: City Clerk Date Approved as to Form: lL , X S , Attorney Dat AGENDA NO. 9.2 NO DOCUMENATION AVAILABLE MEMORANDUM TO: Honorable Mayor and Members of the City Council VIA: Terrence L. Belanger, City Man . A 4 FROM: Linda G. Magnuso , Assistant Finance Director DATE: February 11, 1998 SUBJECT: Advance and Reimbursement Agreement Number 7 Recommendation: It is recommended that the City Council adopt a resolution approving Advance and Reimbursement Agreement Number 7, with the Diamond Bar Redevelopment Agency, in the amount of $110,500. Discussion• The Diamond Bar Redevelopment Agency (DBRDA) was formed in April, 1996. Since its inception, the City has advanced funds to DBRDA through several Advance and Reimbursement Agreements. These agreements have been used to fund DBRDA related administrative activities, including operating expenditures, and legal/professional services over three fiscal years. During this time, the City has provided personnel resources to the Agency. As the activities of the Agency expand, it is now the City's desire to allocate appropriate personnel costs to the Agency. The cost of which is anticipated to be approximately $65,000 through the end of FY 97-98. The Redevelopment Agency mid -year budget amendment proposes an increase to several other administrative budgetary line items in the amount of $25,500. The current DBRDA budget includes $20,000 for which there has not been an Advance and Reimbursement Agreement implemented, it is being recommended that this amount be included within the proposed Advance and Reimbursement Agreement Number 7. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING ADVANCE AND REIMBURSEMENT AGREEMENT NUMBER 7 WITH THE DIAMOND BAR REDEVELOPMENT AGENCY The City Council of the City of Diamond Bar hereby finds, determines, resolves and orders as follows: SECTION 1. The Advance and Reimbursement Agreement Number 7 for Administrative and Overhead Expenses, attached here to as Exhibit "A", is hereby approved. The mayor is hereby authorized and directed to execute such Advance and Reimbursement Agreement Number 7 for and on behalf of the City. 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, adopted and approved 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 _OT 11 COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: ATTEST: Lynda Burgess, City Clerk City of Diamond Bar CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO: Honorable Mayor and City Council VIA: Terrence L. Belanger, City Man FROM: Linda G. Magnuson? Asst. Finance Director DATE: February 17, 1998 SUBJECT: Advance and Reimbursement Agreement Number PI Recommendation: It is recommended that the City Council adopt a resolution approving Advance and Reimbursement Agreement Number P 1, with the Diamond Bar Redevelopment Agency, in the amount of $328,120. Authorize the necessary budget adjustment to the City's Capital Improvement budget to reflect this change in funding source. Discussion: The Diamond Bar Redevelopment Agency adopted the Diamond Bar Economic Revitalization Area Plan in July, 1997. One of the major tenants of this plan is the improvement of the area's infrastructure. The Redevelopment Agency is now ready to commence some of these improvements by awarding engineering design contracts for the improvement of the following: Brea Canyon Road between Golden Springs Drive and Pathfinder Road Brea Canyon Road between Pathfinder Road and the Southerly City Limits Brea Canyon Cut -Off Road between Diamond Bar Boulevard and the Westerly City Limits Golden Springs Drive between Brea Canyon Road and the Westerly City Limits Lemon Avenue between Golden Springs Drive and the Northerly City Limits Golden Springs Drive between Grand Avenue and Torito Lane The cost related to these design contracts is anticipated to be $328,120. Therefore it is requested that the City Council approve Advance and Reimbursement Agreement Number P1, in the amount of $328,120. These projects were previously recorded as a part of the City's Capital Improvement Projects budget. The original funding sources of these projects included Gas Tax and Proposition C -Transit funds. The budgets for these funds as well as the CIP Fund budgets will be reduced accordingly to reflect the transfer of the aforementioned projects to the Redevelopment Agency. 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, gt sea.), 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 (i) Brea Canyon Road between Golden Springs Drive and Pathfinder Road, (ii) Brea Canyon Road between Pathfinder and the Southerly City limits, (iii) Brea Canyon Cut -Off Road between Diamond Bar Boulevard and the Westerly City limits, (iv) Golden Springs Drive between Brea Canyon Road and the Westerly City limits, (v) Lemon Avenue between Golden Springs Drive and the Northerly City limits, and (vi) Golden Springs Drive between Grand Avenue and Torito Lane (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 City Council hereby finds and determines that based upon the foregoing and other information presented to the City Council: (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 Mayor is hereby authorized and directed, for and in the name and on behalf of the City, to execute and deliver the Agreement in substantially the form hereby approved, with such additions or changes as the City may approve, such approval to be conclusively evidenced by his execution and delivery thereof Section b. The City Council hereby authorizes and approves payment by the Agency for a part of the cost of the Street Improvements pursuant to the Agreement from any revenues of the Agency lawfully available therefor. 3. REGULAR MEETING OF THE BOARD OF DIRECTORS FEBRUARY 3, 19984?'6 MINUTES OF THE DIAMOND BAR REDEVELOPMENT AGENCY CALL TO ORDER: Chairman Huff called the meeting to order at 11:02 p.m. in SCAQMD Auditorium, 21865 E. Copley Drive, Diamond Bar, California. ROLL CALL: Agency Members Chang, Herrera, O'Connor, Vice Chairman Ansari and Chairman Huff Also present were: Terrence L. Belanger, Executive Director; Amanda Susskind, Assistant Agency Attorney; James DeStefano, Deputy City Manager; Frank Usher, Deputy City Manager; David Liu, Deputy Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Assistant Finance Director and Lynda Burgess, Agency Secretary. PUBLIC COMMENTS: None offered. CONSENT CALENDAR: AM/Herrera moved, AM/Chang seconded, to approve the Consent Calendar as presented. 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 January 20, 1998 - As submitted. 3.2 ADOPTED RESOLUTION NO. RA98-01: A RESOLUTION OF THE DIAMOND BAR REDEVELOPMENT AGENCY OF THE CITY OF DIAMOND BAR APPROVING ADVANCE AND REIMBURSEMENT AGREEMENT NUMBER 6 WITH THE DIAMOND BAR CITY COUNCIL - in the amount of $11,000. 4. PUBLIC HEARINGS: None 5. OLD BUSINESS: 5.1 BUDGET MODIFICATIONS - Continued to February 17, 1998. 6. NEW BUSINESS: 6.1 AWARD OF TRAFFIC SIGNAL WARRANT STUDY TO O'ROURKE ENGINEERING - In response to AM/O'Connor, ED/Belanger stated that the City could include the freeway on-ramp at D.B. Blvd. and SR 57 in the warrant study. Staff will evaluate the possibility of cooperation by CalTrans. FEBRUARY 3, 1998 PAGE 2 REDEV. AGENCY AM/O'Connor moved, AM/Herrera seconded, to award a contract for traffic signal warrant study, as amended to include the freeway on-ramp at D.B. Blvd. and SR 57 to O'Rourke Engineering, in an amount not -to -exceed $9,980 and provide a contingency amount of $1,000 for contract amendment(s) to be approved by the Executive Director, for a total authorization amount of $10,980. 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 7. AGENCY MEMBER COMMENTS: None ADJOURNMENT: There being no further business to conduct, Chair/Huff adjourned the Redevelopment Agency meeting at 11:10 p.m. ATTEST: Chairman LYNDA BURGESS, Agency Secretary CITY COUNCIL STUDY SESSION TUESDAY, FEBRUARY 17, 1998 AQMD ROOM CC3 & 5 4:00 P.M. Materials for discussion of the following: A. Development Code B. Ranch Festival C. Council Goals and Objectives CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL VIA: TERRENCE BELANGER. CITY MANAGE FROM: JAMES DESTEFANO, DEPUTY CITY MANA SUBJECT: DRAFT DEVELOPMENT CODE, ARTICLE III AND CITYWIDE DESIGN GUIDELINES DATE: FEBRUARY 9, 1998 INTRODUCTION The series of City Council workshops on the Development Code will conclude on February 17, 1998 with review and discussion of Article III, Site Planning and General Development Standards, and the Citywide Design Guidelines. Article III is important because it contains standards which apply to all land uses in every zone throughout the City. Article III also codifies several ordinances adopted since the City's incorporation to address specific community needs, such as the Hillside Management Ordinance and the Development Review Ordinance, or in response to the mandates of State law, such as the Water Efficient Landscape Regulations or the Trip Reduction Ordinance. A chapter is also incuded which provides standards for specific land uses such as guest houses; child daycare facilities, and secondary housing units. The Citywide Design Guidelines have been created to be used in conjunction with the Development Code standards. Unlike the Development Code and Subdivision Ordinance they will be adopted by resolution, rather than by ordinance because they contain guidelines, which are advisory, rather than mandatory standards. The Citywide Design Guidelines have been created to assist City staff, the decision makers and the development community in achieving a high quality of aesthetic and functional design throughout the City. Although these guidelines are expected to be followed, they are general and may be interpreted with some flexibility in order to encourage creativity on the part of the project designer. The following report provides and overview of some of the primary topics addressed in Article III and the Citywide Design Guidelines. ARTICLE III Hillside Manacement Chapter 22.22, Hillside Management, codifies the City's existing Hillside Management Ordinance, which was adopted in 1992. These regulations are applied to areas of the City with slopes of 10% or greater. The purpose of these regulations is to preserve the beauty and environmental equilibrium of the City's hillside areas while allowing for limited, compatible, low density residential development. This is achieved through the application of the standards and guidelines contained within this chapter, which address site design, architecture, landscaping and revegetation, grading, drainage, access, trails and roadways. Generally, these standards have been retained as originally adopted, with the addition of a slope density formula which was mandated by the General Plan. The purpose of this formula is to facilitate the retention of the natural features of the steeper hillsides areas, by reducing residential density on steeper slopes. Tree Preservation The City's current Code regulations require the preservation and protection of oak trees over 8 inches in diameter and provides for a replacement ratio of 2:1 for trees that are removed. The General Plan Resource Management Element, Strategy 1.1.11 directs the City to prepare a tree preservation ordinance for species of trees including oak, walnut, sycamore, California pepper, Arroyo willow and significant trees of cultural or historical value. A replacement and relocation mechanism for tree removal was also required. In response, Chapter 22.38 has been created which proposes the protection and preservation of trees identified by the General Plan. The proposed Development Code requires the preservation of native oak, walnut, sycamore, willow, and naturalized California Pepper trees with a diameter of 8 inches or greater. A replacement ratio of 2:1 is required for residential properties less than 20,000 square feet in area and 3:1 for residential properties greater than 20,000 square feet and commercial and industrial properties. This chapter also provides the Director or Commission with the authority to require additional replacement trees on a case by case basis depending on site specific characteristics and needs. 4 Off -Street Parking and Loading Standards Establishing parking requirements which adequately meeting the needs of residents and local businesses is of critical importance, to the City. Properties with inadequate parking for patrons, employees, or residents, or unsatisfactory vehicular and pedestrian access may experience diminishing economic value. Surrounding residents are also negatively impacted by increased traffic, noise and reduced on -street parking. The City's current parking regulations establish the number of parking spaces required for specific land uses. Commercial land uses and medical offices require 1 parking space for every 250 square feet of floor area. General offices require 1 space for every 400 square feet of floor area. Provisions for industrial uses are based on employees per use and the number of vehicles utilized, or 1 space for every 500 square feet of floor area (whichever is greater). Warehouses require 1 space per 1,000 square feet of floor area. Parking for other uses, such as restaurants and places of assembly (including churches) are based on occupancy. Single family residences require a minimum of two covered parking spaces. Multi -family parking requirements are determined by the number of bedrooms. Guest parking is also required. For unspecified uses, the Director may require as many parking spaces as deemed necessary to accommodate patrons and ensure adequate on-site circulation. The current Code also allows compact spaces for up to 40% of the required parking and contains provisions allowing certain uses to reduce the number of required parking spaces, subject to approval of a Parking Permit. Parking Permits may allow two or more commercial uses on the same site to share parking if it is demonstrated by certain factors, such as different hours of operations, or shared clientele, that a reduced number of parking spaces is adequate. It is the purpose of the Parking Permit provisions to conserve land and promote efficient land uses. The draft Development Code retains the parking ratios for commercial and office uses, and the provisions for Parking Permits because, based on staff and consultant research, they were found to still be appropriate for the City. However, strengthened requirements have been included for shopping centers and general industrial uses. Parking for restaurant uses is proposed to be based on square footage rather than occupancy, which will be easier to implement. Several changes are proposed by the draft Development Code, representing significant improvements over the current Code. Among those changes is an increase in the size of standard parking stalls from 8' x 18.5', to 9' x 19', and the elimination of the provisions for compact spaces. When the requirements of other jurisdiction were reviewed, 3 it was found that the City's standard parking stalls were smaller than typical. The provisions for compact spaces were eliminated because compact spaces are also too small and are generally not utilized. The draft Code also strengthens the parking requirements for residential uses. The current Code requires two "covered" standard parking spaces for single family uses. The proposed Code specifies that these spaces must be in a garage and establishes minimum interior dimensions for garage spaces, which is not addressed in the current Code. Strengthened requirements for multi- family uses, requiring 2 garage spaces for apartments with one bedroom or more are also proposed. Additionally, the list of required parking for specific land uses has been updated to reflect contemporary land uses and this information has been placed in charts for easier reference. Signs Signage serves many essential purposes and is crucial for the businessperson as well as residents. Signs are used for information purposes, identifying the location and type of business, and provide crucial advertising and visibility for a business owner. Well designed signs become an integral part of the streetscape and can enhance and complement a building's architecture. If poorly designed and regulated, signs become a visual blight, damaging the appearance of the streetscape, businesses and the community's image. General Plan Strategy 3.2.7: states, "Ensure that commercial developments are designed with a precise concept for adequate signage, including provisions for sign placement and number, as well as sign scale in relationship to the building, landscaping and readability' as an integral part of the signage concept. Ensure that signs are integrated into the overall site and architectural theme of commercial developments." Creating effective sign regulations is traditionally one of the most challenging parts of a development code because the free speech rights of individuals must be balanced with the collective rights of the community to regulate its visual environment. In 1991 The City Council regulations contained within maximum height of 6' for for lodging), prohibited pole programs for commercial amortization schedule for tl signs. adopted Ordinance No. 5a, amending the sign the County Code. This ordinance established a freestanding signs (except freeway oriented signs signs, and established standards for planned sign centers. This ordinance also established an e eventual discontinuation of legal nonconforming 4 The proposed Development Code codifies and reformats the existing Sign Ordinance and organizes much of the information in charts, for ease of implementation. However, the general provisions of the current Sign Ordinance have been retained, including the provision for a maximum height of 6' for freestanding signs. Home Based Businesses General Plan Strategy 1.3.4 states, "Residentially, compatible home occupations, where consistent with other provision of the General Plan and Development Code should be allowed subject to standards enacted to protect the privacy and residential character of the neighborhood. Home based businesses, or "home occupations" are becoming more and prevalent within the Country. Technological advances in computers and electronic communications systems not only allow the decentralization of office functions from the Los Angeles County core, but allow more and more professionals to telecommute, resulting in a proliferation of home based businesses. The primary issue for home occupations is ensuring that these businesses don't adversely impact existing residential neighborhoods. Potential adverse impacts include excessive traffic (vehicular or pedestrian), noise, odor, and the alteration of a residence to look like a commercial use. Typically, cities with home occupation regulations prohibit certain uses, limit on-site employees, regulate the size of vehicles used in conjunction with the business, and limit the area devoted to the home business. The City's current Code does not address home based businesses and the County doesn't require business licenses for these uses. It has been the City's policy to allow home based businesses unless there are complaints by neighbors of excessive noise or traffic or evidence of on-site employees. The draft Development Code includes provisions for home-based businesses including operational standards which address the number of employees, signage and vehicular traffic and prohibits outdoor storage and the storage or use of hazardous materials. These standards have been created to protect the health, safety and welfare of local residents and preserve the integrity of single family residential neighborhoods. Adult -Oriented Businesses Like sign regulations, adult businesses are protected under the First Amendment. The negative secondary effects associated with adult-oriented businesses (i.e. noise, congestion, deteriorating property values, etc.) have been recognized by the United States Supreme Court as a legitimate basis 5 to regulate adult uses, provided that the regulations include basic constitutional safeguards for activities protected by the First Amendment. This means that the regulations must be "content neutral," i.e. the secondary impacts may be regulated, but the activity itself must be permitted as an expression of free speech. In determining the constitutionality of adult-oriented business regulations, the Supreme Court uses the same four-part text applied to sign regulations; the regulation must concern lawful activity, assert a substantial government interest, directly advance the government interest asserted, and can be no more extensive than necessary to serve that interest. In order to be valid, zoning regulations addressing adult-oriented businesses must provide a genuine opportunity for adult oriented businesses to establish and operate. The determination of validity is a function of two interrelated issues, the quality of the sites and the quantity of the sites. Based on case law, zoning regulations can't be so restrictive so as to result in a "de facto" prohibition of all adult businesses. The zoning district and proximity designations must be determined on a case-by-case basis by each City adopting regulations. The Courts have not provided any set formula as to how many locations must be available for adult-oriented businesses in order for the regulations to be constitutional. At least two courts have held that if more sites are available than the number of businesses which demand them, the number of sites is not unreasonable. The quality of the site is the second issue. The Courts have stated, "property is not potentially available when it is unreasonable to believe that it would ever become available to any commercial enterprise". Sites located in manufacturing and industrial zones must be "reasonably accessible to the general public, must have proper infrastructure such as sidewalks, roads, and lighting and must be generally suitable for some commercial enterprise, whether or not the site suits the particular needs of an adult business. However, locational criteria alone may not adequately protect communities from the negative secondary side effects associated with adult-oriented businesses. Because of this, local governments can enact zoning regulations that are applicable only to adult business uses. Licensing requirements, applicable only to such uses, are also valid. The City's current Planning and Zoning Code permits adult-oriented businesses within the C-3 (Unlimited Commercial), the M-1.5 (Restricted Heavy Manufacturing), M-2 (Heavy Manufacturing) and M-4 (Unlimited Manufacturing) zones. Adult-oriented businesses are subject to approval of a Conditional Use Permit and are not permitted within a 1,000 foot radius of any other adult business. They are also subject to specific findings that D the use is 500 feet from a place of worship, school park, playground or similar use, is sufficiently buffered from residentially zoned areas, and that the external appearance of the structure is consistent with other commercial structures within the area so as to not cause blight or diminish property values. In addition to the current Planning and Zoning Code requirements, adult- oriented business are subject to the business licensing requirements of Los Angeles County. Business licenses for adult-oriented businesses require a public hearing, are issued for a period not exceeding one year and are subject to a renewal hearing. Entertainment uses must also obtain an entertainment license which is subject to specific application requirements and a public hearing. In addition to the provisions that businesses, these uses will continue licensing requirements. the City adopts for adult-oriented to be subject to County business The draft Development Code proposes limiting adult-oriented businesses to the Light Industrial (l) General Plan land use designation. These areas are located north of the 60 Freeway, generally adjacent to the City's northwest boundary. This area is separated from the majority of the City's residential uses, schools, churches, daycare centers, parks and playgrounds. Further, the proximity of the freeway provides a boundary for the industrial area, separating it physically, and by locational identity, from the bulk of the City east of the 57 freeway. Of the City's twelve public school sites, the Walnut Valley Elementary School, located at the southeast corner of Lemon Avenue and Lycoming Street is the only school in the area. The closest park is Starshine Park, which is located approximately 1 mile to the South on Starshine Road. There is one daycare center in the general area, located at the southwest corner of Brea Canyon Road and Lycoming Street. After considering several alternative distances and the legal requirement that a reasonable number of viable sites be provided, a 500' separation requirement from all schools and daycare centers, single and multi -family residences, parks, playgrounds, places of worship and other adult-oriented businesses is proposed. The- provisions also include requirements for approval of an Adult -Oriented Business Permit, an Adult -Oriented Entertainer Permit and includes procedures and requirements for applications, investigation, design standards and performance standards. Like the rest of the Code, the adult-oriented business regulations have been thoroughly reviewed by the City Attorney. 7 Telecommunications Facilities Currently, telecommunications facilities are regulated by Ordinance No. 4-A. This extended the previously adopted Ordinance No. 4, establishing a moratorium on the application for or approval of new telecommunication facilities (with certain exceptions) until July 17, 1998 or upon the effective date of a new ordinance, whichever is sooner. The Planning staff is in the process of drafting these regulations. They will be presented to the City Council for review and inclusion as part of the Development Code, as soon as the Planning Commission has completed their review and made a recommendation. CITYWIDE DESIGN GUIDELINES The purpose of these guidelines is to promote development which respects the physical and environmental characteristics of the site and community, and which reflects functional and attractive site planning and high quality design. The Design Guidelines are to be used in conjunction with the development standards contained within the Development Code. The Guidelines are divided into the categories of Commercial, Industrial, Residential and View Protection. Within these categories, specific design elements are addressed, including site planning, architecture, landscaping, hardscape amenities, walls and fences, lighting concepts and signage, although not every topic is applicable to every category. Site Planning Site Planning addresses the arrangement and placement of buildings on a parcel of land, their relationship to surrounding developments and the design of the parking lot and the placement of drive aisles. Architecture Architecture refers to the appearance of the outside of the building, focusing on how the shapes of the buildings, construction materials, color and other features combine to enhance the design and appearance of the building's exterior. Landscaping Landscaping serves many purposes within a development. It is used to enhance architectural design, soften hard building edges, and to separate parking areas and buildings from the street and other land uses. It is also used to screen parking lots from view and to provide shade for parked cars. E In residential uses it is used to provide privacy and shade and to enhance and define property boundaries. Hardscape Elements Hardscape elements are applied to commercial and industrial development and includes street furniture such as benches, trash receptacles, paving treatment, water features and sculptures. Walls and Fences Walls, or retaining walls and fences serve many functional and aesthetic purposes within a development. They can be used to enhance a building's architecture and to define project boundaries, and to screen unsightly uses from public view. Walls are used to provide a sense of security and safety and enhance privacy. Retaining walls are used in conjunction with grading to support slopes and to created useable yard areas. The design of walls and fences as an integral part of a development is important. Construction material and colors should be consistent with the project architecture. The material, style and height of walls and fences should provide an element of visual continuity. Where applicable fencing should also be sensitive to adjacent property uses, providing screening and buffering. Lighting Lighting is another feature with both functional and aesthetic purposes. A well lighted commercial Center can provides safety for patrons and visibility for the tenants. Lighting can be used as part of a hardscape theme to enhance the buildings architectural themes. Lighting creates ambiance and atmosphere and allow outdoor recreational and business activities to be conducted in the evening as well as daytime hours. Adequate, well placed lighting is an asset to commercial and residential developments. Signage Signage provides, identify and visibility to a business -owner and provides crucial information to patrons. Sign height, color and letter style can be used in conjunction with architecture to reinforce and enhance a design theme. Well designed signage can enhance the appearance of a streetscape or add color and interest to a commercial building.. w SUMMARY Article III is the longest Article in the Development Code and addresses many issues which are crucial to the City's future development, including hillside development, tree preservation, parking standards and signage. Many of the provisions in Article III implement specific General Plan strategies. The Citywide Design Guidelines have been created as an adjunct to these development standards and are intended to guide the City and the development community in creating future development that promotes business opportunities and provides a pleasant and beautiful place to live, work and shop. c:cjlccmem29 10 CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL VIA: TERRENCE BELANGER, CITY MANAGER FROM: JAMES DESTEFANO, DEPUTY CITY MA R SUBJECT: COUNCIL COMMENTS ON ARTICLE III DATE: FEBRUARY 9, 1998 The following are Council comments on Article III of the Development Code. Staff's responses are shown below in italics. 1. Page 111-5, 22.16.020, by striking out "or moved to" does that mean that we will not allow a structure to be moved to another location? No. State law requires that cities allow the installation of manufactured housing on lots zones for single family residential dwellings, which would be a circumstance under which a structure would be "moved to a legally recorded parcel. This can be corrected. 2. Page III -6, A2, what is considered "high winds" and who determines the high winds? This would a judgement call on the part of the construction superintendent. The City would respond to any complaints by neighbors about blowing dust and ensure that such operation cease under these conditions. 3. Page III -7,A, is 20 feet a standard height? According to the Building and Safety Division 20' is a standard height. 4. Page 111-10, C, Why is the acreage different for new centers vs. old remodeled centers, i.e., one acre vs. five acres? This was a judgment call on the part of staff. The primary intent of this section is to provide opportunities for new projects to integrate pedestrian open space into the original design of a new commercial project, even in smaller center. However, it would be more difficult to retrofit an existing smaller Center, and allow an increase in the floor area or lot coverage on a site that is already developed. It was determined by staff, it would require a larger site to accommodate such a redesign effectively. 5. Page III -11, A, Last sentence, what if the wall was not part of a project review? Walls that are not part of a project are still subject to over-the-counter review by the Planning Division, where they are evaluated for compliance with height and locational standards and to ensure the materials and colors are aesthetically pleasing and compatible with the residence or primary structure. 6. Page III -11, B, "including views from above the subject project" does this mean a screen or roof has to be put on to block the view from above? Yes, this is an issue in Diamond Bar because of the hillsides and the potential for a residence to be located above a commercial development where residents could be impacted by views of unscreened roof - mounted equipment. 7. Page 111-12, E. Could you give an example of what this is talking about? Most of the shopping centers in the City have parking lots adjacent to the street. An example is the Ralphs Center on the corner of Grand and Diamond Bar Boulevard. If this Center were constructed by the propoesed standards in this section, screening would be required. An example of a Center where the parking area is below the abutting property (or in this case the street) is Country Hills Towne Center, where the parking lot is significantly below the level of the street and the parking lot is not as visible. The intent of this section is to provide the public with views of landscaping and low walls rather than a sea of cars. 8 Page III -17,2. For clarification can we add a reference to "Table 3-1 " in the first sentence, "The following (Table 3-1) are.."? 9. Page III -18, B. For clarification can we add a reference to "Table 3-2" in the third sentence, "The following (Table 3-2) are.."? These references can be added. 10. Page 111-20, D. do we need to add the "Council" as possible reviewing the projects? Council can be added. 2 11. Page III -21, 1 would like to have Figure 3-5 explained (verbally is fine)? This figure illustrates graphically the location of required yards and the height limits for walls within these yards. "Sight distance area" refers to the area on a corner lot adjacent to the roadway, which is required to be clear of obstructions which may block the view of motorists, potentially creating a traffic hazard. 12. Page III -23, 22.18.010, Would the "25% more residential units" require a General Plan amendment? No, this exception is required by State law to encourage the provision of affordable housing and would not require a General Plan amendment. State law overrides the regulations of the local jurisdiction. 13. Page III -33, A, remove "which" from first sentence? 14. Page 111-33, B, remove "that" from first sentence? 15. Page III -33, B1, remove "which" from first sentence? These changes can be made. 16. Page III -35, A, could you please give an example? If a project is located within the Rural Residential zoning district, the maximum density is 1 unit per acre. If the slope area is 26% to 30%, in accordance with Table 3-4, it would be subject to a density reduction factor of 0.9. This would be multiplied by the 1 acre, resulting in a permitted density of .9 units per acre, reduced from 1 unit per acre. 17. Page 111-35, B, Can the "Council" as well as the Commission increase the allowable density? Yes. The Planning Commission is the recommending body for subdivisions and the City Council, as the final decision-making body, could increase the allowable density. 18. Page III -35, B, last sentence, what is "an appropriate manner"? An example would be the dedication of an open space easement and a condition of approval applied to the recorded tract map restricting development in areas that the City determines should be retained as open space. 19. Page III -36, 6. Do we have any "significant archaeologic areas"? (Note, my computer spell check says archaeologic is misspelled. Should it be "archaeological" instead?) According to the Master Environmental Assessment (MEAD which was adopted by the City Council in July of 1992, there are five recorded archaeological site within the City and the sphere of influence. These 3 sites are shown on the attached map taken from the MEA. Archaeologic can be changed to archaeological. 20. Page III -36, B, third line, should "effect" be "affect"? This will be corrected. 21. Page III -36, A, Should "Council" be added to the last line? Council can be added. 22. Page III -40, A. Should the reference to Figures 111-10 and 111-14 be "Figures 3-10 and 3-14"? If not, then where are Figures 111-10 and III - 14? This will be corrected. 23. Page III -44, B5, Since you eliminated " 100 feet measured " should we then eliminate "whichever is more restrictive" at the end of the sentence since we are only giving one option? This will be deleted. 24. Page III -45, 6, Is this the description for Figure 3-16? If it is can we add a reference? No. This will be clarified. 25. Page 111-46, C1, add reference to Figure 3-17? 26. Page 111-47, 4, Is this the description for Figure 3-19? If it is can we add a reference? 27. Page 111-48, 6, Is this the description for Figure 3-20? If it is can we add a reference? 28. Page III -49, 8, add reference to Figure 3-22? 29. Page III -49, 9, add reference to Figure 3-23? These references will be added, except for item 6 on page 111-48 which does not reference figure 3-20 30. Page 111-50, top two sentences. Why would we have anything in this Section that "does not meet sound engineering standards"? This section will be reworded 31. Page 111-50, A1, what is "rip rap:? Rip rap is masonry or concrete and rock laid randomly against the earth to form a barrier to retain a slope or to prevent erosion. An example is located within the Piermarini project on Diamond Knoll. ri 32. Page III -51, 131, add reference to Figure 3-26? 33. Page III -56, A, add reference to Figure 3-31? 34. Page 111-56, 131, add reference to Figure 3-32? 35. Page 111-58, where can we reference Figure 3-34? 36. Page 111-59, where can we reference Figure 3-35? These references can be added. Figures 3-34 and 3-35 can be referenced under B.1 on page 111-58. 37. Page III -60, 22.22.130, How long can "sandbags" be used as retaining walls? Is it appropriate to add some language saying that sandbags are temporary only? I am referring to the year-round sandbags that are used on Golden Springs between Copley and Grand. Sandbags are intended for use as erosion control, not as a retaining walls and would not be addressed in this section. According to the Public Works Division, there is no set life for sandbags, they are replaced as required. 38. Page 111-61, B3, fourth sentence, should "plan" be "plain"? "Plan view" refers to the view when looking down on the plans, similar to an aerial view. 39. Page 111-79, C, Who determines what a "regular maintenance schedule" is? This would be determined by the project applicant under the advisement of the landscape architect or contractor. A regular maintenance schedule will insure that the landscaping is properly maintained. If it is not then this would be a Code violation. 40. Page III -83, B1, What does "L50" mean? "L" refers to the noise level, the number in subscript refers to the percentage of time that the noise level is being exceeded. As described in the text, the noise level standard may not be exceed more than 30 minutes in any hour. 41. Page III -84, E, If a citation is issued, what is the penalty? According to Chapter 1.04 of the Municipal Code -Penalties, Rio -moo -dies and Severability; anyone violating the Code is guilty of a misdemeanor, which is punishable by a fine not exceeding $ 1,000.00 or by imprisonment not exceeding six months, or by both fine and imprisonment. However, the City may at their discretion determine that a violation is considered an infraction, which is subject to a fine not exceeding $100.00 for the first violation, $200.00 for a second violation of the same provisions within one year; and $500.00 for each additional 5 violation of the same provision within one year. 42. Page III -88, C, How does this compare to the L.A. City ban? This can be researched further. 43. Page III -89, J1, Do we test the Garbage Trucks now? No. 44. Page III -92, 22.30.040, Can we control the size of the parking spaces? Some of our current shopping centers have too narrow of parking spacesl The size of parking spaces are regulated by the Development Code. The current Planning and Zoning Code requires standard parking spaces to be 8.5'x 18' and compact spaces to be 8'x 15.' The proposed Code (Page ///-140) establishes a minimum 9'x 19' standard stall dimension and does not allow compact spaces. The size of the parking spaces is control/ed by the Code and when a new project is reviewed by the planning staff or an existing project is modified, the parking space dimensions are checked for compliance with the Code regulations. 45. Page III -98, do these vehicle spaces required include spaces for employees? Yes, these standards have been created to include employee parking spaces. Additionally, through the discretionary approval process, the Director or the Planning Commission can require additional parking spaces for employees or designate certain spaces for employee use only if it is determined to be beneficial to the operation of the project. 46. Page 111-104, last block on right of Table 3-12, should "62 feet" be changed to "64 feet"? These calculations will be confirmed with the consultant. 47. Page III -116, F4, should "Council" be added along with the Commission? Planned developments are subject to Development Review, which is subject to review and final approval by the Planning Commission. Unless the planned development is processed in conjunction with a subdivision, the Planning Commission will be the final decision making authority for these projects. 48. Page III -117 A1, would this include boats and trailers? This would include inoperative boats and trailers. Further, B. below limits the parking of motor vehicles to a garage, carport, driveway or other paved parking area. 6 49. Page III -117, A2, who enforces this? The Code Enforcement Officer would enforce, generally by responding to complaints of an inoperative vehicle. 50. Page III -118, B2, can we add recreational vehicles, boats and trailers? B. 1 above, addresses the appropriate storage and parking of these types of vehicles. 51. Page III -118, C, who enforces? The Code Enforcement Officer, generally responding to neighborhood complaints 52. Page III -118, D, What is recourse if not maintained, who will enforce? The Code Enforcement Officer. 53. Page 111-118, Al, add recreational vehicles? This can be added. 54. Page 111-119, B, does this mean that we have to have on-site parking if our garage is full of wonderful treasures that we can't part with? Yes. 55. Page III -119 C2, add recreational vehicle, boat? This can be added to C 1. 56. Page III -119 D, E, F, G, who enforces? 57. Page III -121 F, who enforces? The Code Enforcement Officer. 58. Page III -132, E, I would like the Council to reconsider the "50%" minimum. This can be discussed at the workshop and public hearing. 59. Page III -134, D, should this be "C"? If so, then need to also change "E" to "D" This will be corrected. 60. Page 111-135, 2, how will this be enforced and is there any penalty? The Code Enforcement Officer will generally just take the signs down. 61. Page III -136, C1, last word "Ordinance", is this Development Code considered an "Ordinance"? The Development Code will be adopted by ordinance as Title 22 of the Municipal Code. "Ordinance" should be changed to "chapter. " 62. Page III -141, D, can this be applied to "political campaign signs"? Political campaign signs are considered temporary signs and are subject to the provisions contained within Section 22.36.090. "D" could be applied to this type of sign. 63. Page III -167, D, who pays for the investigation and How long does the Sheriff have to complete the investigation? A time limit has not been specified. The cost would be charged to the applicant as part of the permit processing fee. 64. Page III -167, D1, do we need to substitute "Sheriff's completed investigation" for "filing of the permit" in the sentence, "Director shall approve the application within 20 days of the Sheriff's completed investigation unless one or more.." This will be changed. 65. Page III -167, D1d, can we add a definition of "Specific Criminal Act" in Article VI? This can be added. 66. Page III -167, D1d3, Does this mean that if a person is appealing they can get a license?. This will be clarified. 67. Page 111-168, 4 top of page, Is this a legal requirement that we must allow? The adult -business regulations have been prepared in conjunction with and thoroughly reviewed by the City Attorney to insure compliance with al/ applicable laws. 69. Page 111-168, 2, what is the reasonable time allowed? This will be clarified. 70. Page III -168, F, Is this from the outermost or closest property line or is it how close the buildings could be? /n accordance with Article /, Section 22.04.020D. (page 1-12), separation between land uses shat/ be measured from the exterior property boundary of the subject site to the exterior property boundary of the site from which such separation is required. 8 82. Page 111-180, 6a, How do you provide a residence with one additional parking space? if there is enough room on the driveway or if the site will accommodate an additional paved area. 83. Page III -180, B, reference to "Subsection B" should be "Subsection A" This will be corrected. 84. Page III -183, A5, does this mean that you cannot have an employee i.e. tax service where you have employees come into your home to help? Yes. 85. Page III -184, 9, can we add a definition of "hazardous materials" to Article VI? This can be added. 86. Page III -184, 10, How does this affect businesses such as Avon, Tupperware, etc. Yes. 87. Page III -184, 131, do we know what the "Subsection 9.xx.xxx" is? This should be changed to "subsection A. above ". 88. Page III -188, 5, remove "; and" from end of paragraph. This will be removed. 89. Page III -193, A3c, can we add page number 111-196 to make it easier to find Table 3-15? This will be added. Attachments: General Plan Archaeological Resources Map ri 71. Page III -169, 2, can we require a locking device? This requirement can be added. 72. Page III -169, 6, does this apply to video rental stores which have adult movies? Only if it is considered a sexually -oriented business. In accordance with Article Vl, Definitions, (pg V1--6), this is a business having at least 20 percent of its stock devoted to sexually -oriented material, sexually - oriented merchandise, or both. 73. Page III -170, 10b, does this also apply to people blocking the view? / don't believe that this would be enforceable unless it was on a consistent basis for an extended period of time. 74. Page III -170, 11a, do we need to add further stipulation that there be separate dressing rooms for males and females? This can be specified. 75. Page III -171, H3, can we add "sufficient to prevent viewing from outside" to the end of the sentence? This can be added. 76. Page 111-173, 11 b, how are we going to monitor the 20%? Through undercover officers doing periodic investigation and through the Code Enforcement Officer responding to any complaints. 77. Page III -173, 12a, should_ "Entertainer" be added to " Sexually -Oriented Business Entertainer Permit number"? This can be added. 78. Page III -174, 2a, does this mean 20 days after the Sheriff completes his investigation? This will be clarified. 79. Page III -178, D, are you allowed to have three dogs and three cats? l believe that it is any combination of the two, but this will be clarified. 80. Page 111-179, A, how many children are allowed in a "large family day- care home"? Seven to fourteen, in accordance with the Definitions Article (pg. V/-12). 81. Page III -179, A1c, why would we allow this? This will be clarified and can be discussed further. 6 J\ FIGURE tl I . I i�M • GENERAL PLAN ARCHAEOLOGICAL RESOURCES MEAS FOR VAKII AR HMOtol SURVEYS ME ON Elf CWIM ME lIC1A ARCtWOIOGICAE 14FORMA110N CENIER "A .1_ Nb.'. b.'. 19901. RECORDED MCIROIOGICAL SIII kcA•Cs� tlr la A�yuM� CouJr IW nmA.t SOIIYC E: Ik WWV a Cdlm.o, la Mp.4�, IvvO 1 LAMM NE VADW PM L -y ^ �U^^ •^tNl ° �'lll City of Diamond Bar 21660 E. Copley Drive, Suite 100 • Diamond Bar, CA 91765-4177 (909) 860-2489 • Fax (909) 861-3117 Internet: http://www.ci.diamond-bar.ca.us • City Online (BBS): (909) 860-5463 February 11, 1998 Steve Johnson, President Diamond Bar Ranch Festival 1249 Diamond Bar Boulevard, #249 Diamond Bar, CA 91765 Dear Mr. Johnson: As part of its Study Session discussions on Tuesday, February 17, 1998, the Diamond Bar City Council will be considering Diamond Bar's prior and future interest and participation/activities relating to the Diamond Bar Ranch Festival. The Study Session is scheduled for 4:00 p.m., at the Air Quality Management District headquarters, 21865 E. Copley Drive, Room CC 3&5, Diamond Bar. Requests have previously been made regarding the Ranch Festival's financial information related to its activities. Those requests have been enclosed for your Carol Herrera reference. It would assist in the City Council's discussions if this information Mayor could be transmitted prior to the Study Session. Wen Chang If you should have any further questions or concerns regarding this matter, Mayor Pro Tem please do not hesitate to contact me, 909/396-5676. Eileen R. Ansari Council Member Sincerely, Robert S. Huff , Council Member Deborah H. O'Connor les DeStefano Council Member Acting City Manager JDS:nbw Enclosures cc: City Council City Manager Recycled paper Carol Herrera Mayor Wen Chang Mayor Pro Tem Eileen R. Ansari Council Member Robert S. Huff Council Member Deborah H. O'Connor Council Member 2e,Lc'ed oavw January 15, 1998 City of Diamond Bar a 21660 E. Copley Drive, Suite 100 • Diamond Bar, CA 91765-4177'- (909) 860.2489 • Fax (909) 861.3117 Internet: h"p://www.ci.diamond-bar.ca.us • City online,88s): (909) 860.5463 Steve Johnson, President Diamond Bar Ranch Festival 1249 Diamond Bar Boulevard, #249 Diamond Bar, CA 91765 Dear Mr. Johnson: We recently received a letter from an elementary school community club regarding the non-payment of 10% of the pre -sale amount for Diamond Bar Ranch Festival tickets (1996). Recently, the City Council made a request of you for financial information related to the Ranch Festival's activities. As a part of the information that you will be providing the City Council Finance Committee, will you please provide a list of the organizations which provided assistance to the Diamond Bar Ranch Festival in 1997 and promises in exchange for a promise to pay either a percentage of the sale of tickets, etc. Such information would be useful to the City Council when they contemplate future assistance requests by the Ranch Festival. We look forward to your response. Sincerely, �a av�� Carol Herrera May—or CH: TLB: nbw Enclosure cc: City Council City Manager December 17, 1997 City of Diamond Bar 21660 E. Coplev Drive, Suite 100 • Diamond Bar, CA 91765-4177 (909) 8602489 • Fax (909) 861-3117 -re—et h"p:/rwww.ci.diamond-bar.ea.us • Cry onime 385 1909) 8605463 Steve Johnson, President Diamond Bar Ranch Festival 1249 Diamond Bar Boulevard, #249 Diamond Bar, CA 91765 Dear Mr. Johnson: The City of Diamond Bar made a commitment with the Diamond Bar Ranch Festival organization to provide support for the production of the 1997 Ranch Festival. The City's support was to include direct payments for permits, law enforcement, shuttles, telephones, parking control, traffic control devices, and site preparation, at a total cost limit of 518,000. CH: FMU: nbw cc: City Council City Manager aen c ed ajoew Because we share the view that the important purpose of the Ranch Festival is the development of needed financial support for charities and non-profit Carol Herrera tilavor organizations in our community, we have an interest in knowing the amount of assistance generated for such organizations through the Ranch Festival. Wen Chang Mayor Pro Tem To that end, our City Council Finance Committee has requested that I inquire of you regarding the amount of funds generated by the 1997 Ranch Festival, Eileen R. Ansari and the amount distributed to community organizations. Council Member Robert S. Huff We look forward to receiving your response. Council Member Sincerely, Deborah H. O'Connor Council Member Carol Herrera Mayor CH: FMU: nbw cc: City Council City Manager aen c ed ajoew MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL FROM: CAROL HERRERA, MAYOR PRO TEM AND EILEEN ANSARI, COUNCILWOMAN RE: DIAMOND BAR RANCH FESTIVAL REQUEST DATE: AUGUST 19, 1997 ISSUE: Shall the City of Diamond Bar provide financial support to the Diamond Bar Ranch Festival Community Celebration? RECOMMENDATION: It is recommended that the City Council allocate up to $18,000.00 to support the Festival's 1997 event logistics, limited to costs for traffic control services, event site preparation, water service, LASO services, traffic safety devices (cones, delineators, barricades), shuttle busses, public telephones, and/or building and safety services. DISCUSSION: The Diamond Bar Ranch Festival (Festival), which has been an annual community celebration for over a decade, is planned for the weekend of October 3, 4 and 5, 1997. A community parade is also planned for September 27, 1997. The Festival, a private, non- profit organization, has requested financial assistance from the City to support event logistics. Over the past several years the City has provided an ever-increasing level of assistance to the Festival. The City has funded LASO services, traffic control devices, shuttle busses, and other event logistics support. Most recently, the cost of the support has been $16,800: Law enforcement $ 8,600 Traffic control devices $ 2,500 Public telephones $ 1,200 Building safety $ 1,000 Shuttle busses $3,500 Total $16,800 RANCH FESTIVAL AUGUST 19, 1997 PAGE TWO The Festival has requested an additional approximately $13,000, for other event logistics support. The requested amount would help fulunhtraffic cont of set of event rvices. The Councilwater ad hoc committee , concert seating (hay bales), plumbing and paz g/ has met with Festival representatives and discussed the ttal of changing theent event funding to request smaller o,gon the The ad hoc committee discussed the possibility Gateway Corporate Center. find ways to educe total vent The committee encouraged the Festival to evaluate he site prepadration cost can reduced.e The costs. If the event can be moved to a smaller smaller site also provides for the "scaling down' of tevent, � the Festival which e consider eakes liminating ating the le further reductions in event costs. The comrruttee suggested parade, in order to reduce costs. At this point, the committee cannot report to the Council the total revenues and costs incurred by the Festival; eitheridentify thhe 9o�Unity groupsent or the , which benefit oposed 1997 event. Further, the committee has yet to accurately from the Festival or the amount of financial benefit that those groups receive. SITE PREPARATION COST AND COST UNABLE TO DEFER DUE TO DENIED USE OF PETERSON PARK IRRIGATION/SEEDING PIPES @ 6.00 EA 10 FEEDERS 60.00 190 IRRIGATORS 1140.00 1200.00 SEED BY CONTRACT 4000.00 VOLUNTEER LABOR BLENDED SEED 50# BAGS @ 117.50/BAG COVERS 5000 SQ FT 100,000 SQ FT 20 BAGS 2350.00 2350.00 WATER EST. 1200 + 1000 DEPOSIT 1996 - 1200.00 WATER 1200.00 DEPOSIT 1000.00 PLUMBING SEATING REPAIR WATER LINES FOR POTABLE WATER REQUIRED FOR FOOD BOOTHS BY HEALTH DEPARTMENT APPROXIMATE 8 HRS. PLUS MATERIALS @ 25.00/HR. 8HRS. 200.00 (INCLUDES MATERIALS) ----------- HAY BALES @ 2.00/BALE 180 BALES 360.00 FROM CAL POLY ----------- PARKING AND TRAFFIC CONTROL ON GATEWAY CENTER STREETS BY CONTRACT WITH DIAMOND BAR ROTARY CLUB PARKING/ TRAFFIC CONTROL 5000.00 ** Provided by the Ranch Festival, 8-12-97 ** 2200.00 200.00 360.00 5000.00 12,960.00 OR 11,310.00 IF SEED BY HAND 0-DIRi-115TIVAL i�/1Ar96 TOTAL INCONR 55,936.62 101,760.00 -46,823.38 11PUSIS ADV.-PRONOTIORS 1/ .06 4,110.00 12/31/96 Category Descriptioa Actual Budget Diff INCOMRI[IPgS[ 0.00 150.00 -150.30 INCOMN 8,850.00 131119.00 -41425.00 ADMISSIONS 36,734.35 46,312.00 -91577.69 All WISING 0.00 960.00 -900.00 BOOto Fits 5,786.00 21,190.00 -15,404.00 CORCISSION SPLITS 6,118.30 14,186.00 -6,007.70 1010 RAISING 4,494.18 17,872.00 -13,377.82 NISC. IRCONt 12,743.T9 2,300.00 443.79 TOTAL INCONR 55,936.62 101,760.00 -46,823.38 11PUSIS ADV.-PRONOTIORS 0.00 4,110.00 -4,110.00 51TUICS 0.00 2,800.00 -2,800.00 BNSIUSS IIPO 0.00 150.00 -150.30 CARNIVAL UP. 8,850.00 131119.00 -41425.00 COMMISSIONS 0.00 2,261.00 -1,161.00 INT[NlAIMNtMT 20,000.00 10,000.00 0.00 P000 800TNS 110.00 700.00 -490.00 GLUM ADMINISTRATION 918.21 71100.00 -61111.79 LOGISTICS 11,720.05 33,630,00 -21,909.95 misc. 1,715.52 71141.00 -5,425.48 PA1111 480.00 1,000,00 -520.00 PRODOCT LIC. 0.00 1,499.00 -11495.00 TOTAL MINUS 43,893.78 94,422.06 -50,528.22 I TOTAL ANCON[/11P[RS1 12,042.84 8,338.00 3,704.84 lmmmm� **Provided by the Ranch Festival, 8-12-97** Page AUGUST 19, 1997 AYES: N S: BSENT 8. LD BUSINESI PAGE 6 CZCIMBERS - CMBECMB S - 8.1 SE ND READING�ORDINANCE NO Op THE CITY OF DIAMOND TAXICABS ANO kfisari, Harmony, Werner, MPT/Herrera, M/ uff None None (1997): AN ORDINANCE AR RELATIYG TO THE TAXICAB DRIVERS. C/Werner moved, MPT/H era seconde readin waive full read' g and adopt relati to regulation of icabs and taxi b by a following Roll all vote: �o approve cond dinance No. 5(1997) drivers. ion carried AYES: C NCIL MEMB S - Ansar', armo MPV Herrera, NOES:COUNCIL M BERS - ne ABSENT. COUNCIL EMBERS - None 8.2 DIAMOND BAR RANCH FESTIVAL REQUEST - Staff recommended that Council allocate up to $18,000 to support the Festival's 1997 event logistics, limited to costs for traffic control services, event site preparation, water service, LASO services, traffic safety devices (cones, delineators, barricades), shuttle buses, public telephones and/or building and safety services. MPT/Herrera reported that the Ranch Festival Subcommittee recommended that the Festival downsize the event (consider a smaller site), eliminate the parade, provide for a minimum of Sheriffs Department personnel involvement and as a result, lower costs to the Festival and the City. The subcommittee further recommended that the Festival work with the Parks & Recreation Commission toward combining the Festival with a City event to phase out the Festival. C/Ansari stated that the subcommittee was unable to ascertain the total 1996 Ranch Festival costs which made it difficult to determine what the City should spend toward the event. Steve Johnson, Ranch Festival President, responded to C/Harmony that the request for City funds includes debt reduction for the 1996 event. A family barbecue is planned for Friday evening, which will eliminate costs for musical entertainment, and 50's & 60's music is contemplated for the balance of the Festival, which is anticipated to attract local citizens. The Festival hopes to again attract major AUGUST 19, 1997 PAGE 7 donations through fundraising activities. In response to C[Werner, Mr. Johnson stated that, in the past, the City has provided services, not cash, to the Festival. In response to MPT/Herrera, Mr. Johnson explained that the anticipated cost for services is not included in the 1997 budget figures in anticipation of the City's contribution. He stated that he would provide Council with a list of local organizations that seek benefit from the Ranch Festival. Steve Tye requested clarification of the Festival's projected costs to the City. He suggested that the City consider how much more funding the Festival will require. He expressed concern regarding lack of documentation of the Festival's income, expenses and losses. MPT/Herrera moved, C/Ansari seconded, to have the City provide up to $18,000 to support the Ranch Festival's 1997 event logistics, limited to traffic control services, event site preparation, water service, LASO services, traffic safety devices (cones, delineators, barricades, shuttle buses), public telephones, and/or Building and Safety services. C/Werner offered a substitute motion to approve, to the extent of the City's budget (an amount equal to $16,800) for the purpose of police services and telephone bank consistent with the City's level of support in past years. The Ranch Festival would provide Council with a list of costs beyond the City's level of support that may be needed. M/Huff seconded the motion. Following discussion, C/Werner withdrew his motion. MPT/Herrera's motion failed by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, MPT/Herrera NOES: COUNCIL MEMBERS - Harmony, M/Huff ABSTAIN: COUNCIL MEMBERS - Werner M/Huff moved, MPT/Herrera seconded, to have the City provide up to $18,000 to support the Ranch Festival's 1997 logistics, limited to traffic control services, event site preparation, water service, LASO services, traffic safety devices (cones, delineators, barricades, shuttle buses), public telephones, and/or Building & Safety services. If the Ranch Festival realizes a profit, the City will be reimbursed up to the total amount contributed. At the request of C/Ansari, M/Huff amended his motion to include "after prior debts are paid in full" so that the last sentence of the AUGUST 19, 1997 PAGE 8 motion reads: "if the Ranch Festival realizes a profit after prior debts are paid in full, the City will be reimbursed up to the total amount contributed. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, MPT/Herrera, M/Huff NOES: COUNCIL MEMBERS - Harmony, Werner ABSENT: COUNCIL MEMBERS - None MPT/Herrera strongly recommended that the Ranch Festival Committee work with the City's Parks & Recreation Commission to blend the Festival with a City event and thereby retire the Ranch Festival. 9. NEW BUSINESS: n 4 Y1 r IL1rrnl IL Ir n-rM Irl IL IPS ^L I' ILA I\I\Irr%I IA MI'%I%if- MrT1A/rrLI M. I 1 �. CITY OF DIAMOND BAR EXPENDITURES FOR THE 1997 DIAMOND BAR RANCH FESTIVAL The City of Diamond Bar contributed to the 1997 Ranch Festival by providing funding for the following expenditures: 1. City of Diamond Bar (Temporary Use Permit Fee) $150.00 2. City of Diamond Bar (Encroachment Permit Fee) $ 90.00 3. City of Diamond Bar (Building & Safety Permit) $1,098.00 4. D & J (Inspection Fees) $658.80 5. Hi -Way Safety Inc. (Cones, delineators) $513.80 6. Traffic Control Svcs., Inc. (Orange mesh vests) $236.79 7. Traffic Control Svcs., Inc. (No parking signs) $ 81.19 8. Highlander Newspaper (Advertisement) $249.75 9. Diversified Paratransit (Shuttle service) $1,820.00 10. Spectacular Affaires (Booth table cloths, skirts) $91.35 11. Walnut/San Dimas Booster Club $3,150.00 (Law Enforcement Services) 12. Diamond Bar Rotary (Parking Control) $5,000.00 13. Los Angeles County Sheriffs Department $2,629.07 (Special Event Traffic Control) Total $15,768.75 DON'T FORGET! !! ! PLEASE BRING YOUR DEVELOPMENT CODE NOTEBOOK PREVIOUSLY ISSUED CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL VIA: TERRENCE BELANGER, CITY MANAGE FROM: JAMES DESTEFANO, DEPUTY CITY MANA SUBJECT: DRAFT DEVELOPMENT CODE, ARTICLE 111 AND CITYWIDE DESIGN GUIDELINES DATE: FEBRUARY 9, 1998 INTRODUCTION The series of City Council workshops on the Development Code will conclude on February 17, 1998 with review and discussion of Article 111, Site Planning and General Development Standards, and the Citywide Design Guidelines. -- Article III is important because it contains standards which apply to all land uses in every zone throughout the City. Article III also codifies several ordinances adopted since the City's incorporation to address specific community needs, such as the Hillside Management Ordinance and the Development Review Ordinance, or in response to the mandates of State law, such as the Water Efficient Landscape Regulations or the Trip Reduction Ordinance. A chapter is also incuded which provides standards for specific land uses such as guest houses; child daycare facilities, and secondary housing units. The Citywide Design Guidelines have been created to be used in conjunction with the Development Code standards. Unlike the Development Code and Subdivision Ordinance they will be adopted by resolution, rather than by ordinance because they contain guidelines, which are advisory, rather than mandatory standards. The Citywide Design Guidelines have been created to assist City staff, the decision makers and the development community in achieving a high quality of aesthetic and functional design throughout the City. Although these guidelines are expected to be followed, they are general and may be interpreted with some flexibility in order to encourage creativity on the part of the project designer. The following report provides and overview of some of the primary topics addressed in Article III and the Citywide Design Guidelines. ARTICLE III Hillside Management Chapter 22.22, Hillside Management, codifies the City's existing Hillside Management Ordinance, which was adopted in 1992. These regulations are applied to areas of the City with slopes of 10% or greater. The purpose of these regulations is to preserve the beauty and environmental equilibrium of the City's hillside areas while allowing for limited, compatible, low density residential development. This is achieved through the application of the standards and guidelines contained within this chapter, which address site design, architecture, landscaping and revegetation, grading, drainage, access, trails and roadways. Generally, these standards have been retained addition of a slope density formula which Plan. The purpose of this formula is to natural features of the steeper hillsides areas on steeper slopes. Tree Preservation as originally adopted, with the was mandated by the General facilitate the retention of the by reducing residential density The City's current Code regulations require the preservation and protection of oak trees over 8 inches in diameter and provides for a replacement ratio of 2:1 for trees that are removed. The General Plan Resource Management Element, Strategy 1.1.11 directs the City to prepare a tree preservation ordinance for species of trees including oak, walnut, sycamore, California pepper, Arroyo willow and significant trees of cultural or historical value. A replacement and relocation mechanism for tree removal was also required. In response, Chapter 22.38 has been created which proposes the protection and preservation of trees identified by the General Plan. The proposed Development Code requires the preservation of native oak, walnut, sycamore, willow, and naturalized California Pepper trees with a diameter of 8 inches or greater. A replacement ratio of 2:1 is required for residential properties less than 20,000 square feet in area and 3.1 for residential properties greater than 20,000 square feet and commercial and industrial properties. This chapter also provides the Director or Commission with the authority to require additional replacement trees on a case by case basis depending on site specific characteristics and needs. Pa Off -Street Parking and Loading Standards Establishing parking requirements which adequately meeting the needs of residents and local businesses is of critical importance, to the City. Properties with inadequate parking for patrons, employees, or residents, or unsatisfactory vehicular and pedestrian access may experience diminishing economic value. Surrounding residents are also negatively impacted by increased traffic, noise and reduced on -street parking. The City's current parking regulations establish the number of parking spaces required for specific land uses. Commercial land uses and medical offices require 1 parking space for every 250 square feet of floor area. General offices require 1 space for every 400 square feet of floor area. Provisions for industrial uses are based on employees per use and the number of vehicles utilized, or 1 space for every 500 square feet of floor area (whichever is greater). Warehouses require 1 space per 1,000 square feet of floor area. Parking for other uses, such as restaurants and places of assembly (including churches) are based on occupancy. Single family residences require a minimum of two covered parking spaces. Multi -family parking requirements are determined by the number of bedrooms. Guest parking is also required. For unspecified uses, the Director may require as many parking spaces as deemed necessary to accommodate patrons and ensure adequate on-site circulation. The current Code also allows compact spaces for up to 40% of the required parking and contains provisions allowing certain uses to reduce the number of required parking spaces, subject to approval of a Parking Permit. Parking Permits may allow two or more commercial uses on the same site to share parking if it is demonstrated by certain factors, such as different hours of operations, or shared clientele, that a reduced number of parking spaces is adequate. It is the purpose of the Parking Permit provisions to conserve land and promote efficient land uses. The draft Development Code retains the parking ratios for commercial and office uses, and the provisions for Parking Permits because, based on staff and consultant research, they were found to still be appropriate for the City. However, strengthened requirements have been included for shopping centers and general industrial uses. Parking for restaurant uses is proposed to be based on square footage rather than occupancy, which will be easier to implement. Several changes are proposed by the draft Development Code, representing significant improvements over the current Code. Among those changes is an increase in the size of standard parking stalls from 8' x 18.5', to 9' x 19', and the elimination of the provisions for compact spaces. When the requirements of other jurisdiction were reviewed, 3 it was found that the City's standard parking stalls were smaller than typical. The provisions for compact spaces were eliminated because compact spaces are also too small and are generally not utilized. The draft Code also strengthens' the parking requirements for residential uses. The current Code requires two "covered" standard parking spaces for single family uses. The proposed Code specifies that these spaces must be in a garage and establishes minimum interior dimensions for garage spaces, which is not addressed in the current Code. Strengthened requirements for multi- family uses, requiring 2 garage spaces for apartments with one bedroom or more are also proposed. Additionally, the list of required parking for specific land uses has been updated to reflect contemporary land uses and this information has been placed in charts for easier reference. Signs Signage serves many essential purposes and is crucial for the businessperson as well as residents. Signs are used for information purposes, identifying the location and type of business, and provide crucial advertising and visibility for a business owner. Well designed signs become an integral part of the streetscape and can enhance and complement a building's architecture. If poorly designed and regulated, signs become a visual blight, damaging the appearance of the streetscape, businesses and the community's image. General Plan Strategy 3.2.7: states, "Ensure that commercial developments are designed with a precise concept for adequate signage, including provisions for sign placement and number, as well as sign scale in relationship to the building, landscaping and readability as an integral part of the signage concept. Ensure that signs are integrated into the overall site and architectural theme of commercial developments." Creating effective sign regulations is traditionally one of the most challenging parts of a development code because the free speech rights of individuals must be balanced with the collective rights of the community to regulate its visual environment. In 1991 The City Council adopted Ordinance No. 5a, amending the sign regulations contained within the County Code. This ordinance established a maximum height of 6' for freestanding signs (except freeway oriented signs for lodging), prohibited pole signs, and established standards for planned sign programs for commercial centers. This ordinance also established an amortization schedule for the eventual discontinuation of legal nonconforming signs. 4 The proposed Development Code codifies and reformats the existing Sign Ordinance and organizes much of the information in charts, for ease of implementation. However, the general provisions of the current Sign Ordinance have been retained, including the provision for a maximum height of 6' for freestanding signs. Home Based Businesses General Plan Strategy 1.3.4 states, "Residentially, compatible home occupations, where consistent with other provision of the General Plan and Development Code should be allowed subject to standards enacted to protect the privacy and residential character of the neighborhood. Home based businesses, or "home occupations" are becoming more and prevalent within the Country. Technological advances in computers and electronic communications systems not only allow the decentralization of office functions from the Los Angeles County core, but allow more and more professionals to telecommute, resulting in a proliferation of home based businesses. The primary issue for home occupations is ensuring that these businesses don't adversely impact existing residential neighborhoods. Potential adverse impacts include excessive traffic (vehicular or pedestrian), noise, odor, and the alteration of a residence to look like a commercial use. Typically, cities with home occupation regulations prohibit certain uses, limit on-site employees, regulate the size of vehicles used in conjunction with the business, and limit the area devoted to the home business. The City's current Code does not address home based 'businesses and the County doesn't require business licenses for these uses. It has been the City's policy to allow home based businesses unless there are complaints by neighbors of excessive noise or traffic or evidence of on-site employees. The draft Development Code includes provisions for home-based businesses including operational standards which address the number of employees, signage and vehicular traffic and prohibits outdoor storage and the storage or use of hazardous materials. These standards have been created to protect the health, safety and welfare of local residents and preserve the integrity of single family residential neighborhoods. Adult -Oriented Businesses Like sign regulations, adult businesses are protected under the First Amendment. The negative secondary effects associated with adult-oriented businesses (i.e, noise, congestion, deteriorating property values, etc.) have been recognized by the United States Supreme Court as a legitimate basis 5 to regulate adult uses, provided that the regulations include basic constitutional safeguards for activities protected by the First Amendment. This means that the regulations must be "content neutral," i.e. the secondary impacts may be regulated, but the activity itself must be permitted as an expression of free speech. In determining the constitutionality of adult-oriented business regulations, the Supreme Court uses the same four-part text applied to sign regulations; the regulation must concern lawful activity, assert a substantial government interest, directly advance the government interest asserted, and can be no more extensive than necessary to serve that interest. In order to be valid, zoning regulations addressing adult-oriented businesses must provide a genuine opportunity for adult oriented businesses to establish and operate. The determination of validity is a function of two interrelated issues, the quality of the sites and the quantity of the sites. Based on case law, zoning regulations can't be so restrictive so as to result in a "de facto" prohibition of all adult businesses. The zoning district and proximity designations must be determined on a case-by-case basis by each City adopting regulations. The Courts have not provided any set formula as to how many locations must be available for adult-oriented businesses in order for the regulations to be constitutional. At least two courts have held that if more sites are available than the number of businesses which demand them, the number of sites is not unreasonable. The quality of the site is the second issue. The Courts have stated, "property is not potentially available when it is unreasonable to believe that it would ever become available to any commercial enterprise". Sites located in manufacturing and industrial zones must be "reasonably accessible to the general public, must have proper infrastructure such as sidewalks, roads, and lighting" and must be generally suitable for some commercial enterprise, whether or not the site suits the particular needs of an adult business. However, locational criteria alone may not adequately protect communities from the negative secondary side effects associated with adult-oriented businesses. Because of this, local governments can enact zoning regulations that are applicable only to adult business uses. Licensing requirements, applicable only to such uses, are also valid. The City's current Planning and Zoning Code permits adult-oriented businesses within the C-3 (Unlimited Commercial), the M-1.5 (Restricted Heavy Manufacturing), M-2 (Heavy Manufacturing) and M-4 (Unlimited Manufacturing) zones. Adult-oriented businesses are subject to approval of a Conditional Use Permit and are not permitted within a 1,000 foot radius of any other adult business. They are also subject to specific findings that C the use is 500 feet from a place of worship, school park, playground or similar use, is sufficiently buffered from residentially zoned areas, and that the external appearance of the structure is consistent with other commercial structures within the area so as to not cause blight or diminish property values. In addition to the current Planning and Zoning Code requirements, adult- oriented business are subject to the business licensing requirements of Los Angeles County. Business licenses for adult-oriented businesses require a public hearing, are issued for a period not exceeding one year and are subject to a renewal hearing. Entertainment uses must also obtain an entertainment license which is subject to specific application requirements and a public hearing. In addition to the provisions that the City adopts for adult-oriented businesses, these uses will continue to be subject to County business licensing requirements. The draft Development Code proposes limiting adult-oriented businesses to the Light Industrial (1) General Plan land use designation. These areas are located north of the 60 Freeway, generally adjacent to the City's northwest boundary. This area is separated from the majority of the City's residential uses, schools, churches, daycare centers, parks and playgrounds. Further, the proximity of the freeway provides a boundary for the industrial area, separating it physically, and by locational identity, from the bulk of the City east of the 57 freeway. Of the City's twelve public school sites, the Walnut Valley Elementary School, located at the southeast corner of Lemon Avenue and Lycoming Street is the only school in the area. The closest park is Starshine Park, which is located approximately 1 mile to the South on Starshine Road. There is one daycare center in the general area, located at the southwest corner of Brea Canyon Road and Lycoming Street. After considering several alternative distances and the legal requirement that a reasonable number of viable sites be provided, a 500' separation requirement from all schools and daycare centers, single and multi -family residences, parks, playgrounds, places of worship and other adult-oriented businesses is proposed. The- provisions also include requirements for approval of an Adult -Oriented Business Permit, an Adult -Oriented Entertainer Permit and includes procedures and requirements for applications, investigation, design standards and performance standards. Like the rest of the Code, the adult-oriented business regulations have been thoroughly reviewed by the City Attorney. 7 Telecommunications Facilities Currently, telecommunications facilities are regulated by Ordinance No. 4-A. This extended the previously adopted Ordinance No. 4, establishing a moratorium on the application for or approval of new telecommunication facilities (with certain exceptions) until July 17, 1998 or upon the effective date of a new ordinance, whichever is sooner. The Planning staff is in the process of drafting these regulations. They will be presented to the City Council for review and inclusion as part of the Development Code, as soon as the Planning Commission has completed their review and made a recommendation. CITYWIDE DESIGN GUIDELINES The purpose of these guidelines is to promote development which respects the physical and environmental characteristics of the site and community, and which reflects functional. and attractive site planning and high quality design. The Design Guidelines are to be used in conjunction with the development standards contained within the Development Code. The Guidelines are divided into the categories of Commercial, Industrial, Residential and View Protection. Within these categories, specific design elements are addressed, including site planning, architecture, landscaping, hardscape amenities, walls and fences, lighting concepts and signage, although not every topic is applicable to every category. Site Planning Site Planning addresses the arrangement and placement of buildings on a parcel of land, their relationship to surrounding developments and the design of the parking lot and the placement of drive aisles. Architecture Architecture refers to the appearance of the outside of the building, focusing on how the shapes of the buildings, construction materials, color and other features combine to enhance the design and appearance of the building's exterior. Landscaping Landscaping serves many purposes within a development. It is used to enhance architectural design, soften hard building edges, and to separate parking areas and buildings from the street and other land uses. It is also used to screen parking lots from view and to provide shade for parked cars. 0 In residential uses it is used to provide privacy and shade and to enhance and define property boundaries. Hardscape Elements Hardscape elements are applied to commercial and industrial development and includes street furniture such as benches, trash receptacles, paving treatment, water features and sculptures. Walls and Fences Walls, or retaining walls and fences serve many functional and aesthetic purposes within a development. They can be used to enhance a building's architecture and to define project boundaries, and to screen unsightly uses from public view. Walls are used to provide a sense of security and safety and enhance privacy. Retaining walls are used in conjunction with grading to support slopes and to created useable yard areas. The design of walls and fences as an integral part of a development is important. Construction material and colors should be consistent with the project architecture. The material, style and height of walls and fences should provide an element of visual continuity. Where applicable fencing should also be sensitive to adjacent property uses, providing screening and buffering. Lighting Lighting is another feature with both functional and aesthetic purposes. A well lighted commercial Center can provides safety for patrons and visibility for the tenants. Lighting can be used as part of a hardscape theme to enhance the buildings architectural themes. Lighting creates ambiance and atmosphere and allow outdoor recreational and business activities to be conducted in the evening as well as daytime hours. Adequate, well placed lighting is an asset to commercial and residential developments. Signage Signage provides, identify and visibility to a business -owner and provides crucial information to patrons. Sign height, color and letter style can be used in conjunction with architecture to reinforce and enhance a design theme. Well designed signage can enhance the appearance of a streetscape or add color and interest to a commercial building.. 9 SUMMARY Article III is the longest Article in the Development Code and addresses many issues which are crucial to the City's future development, including hillside development, tree preservation, parking standards and signage. Many of the provisions in Article III implement specific General Plan strategies. The Citywide Design Guidelines have been created as an adjunct to these development standards and are intended to guide the City , and the development community in creating future development that promotes business opportunities and provides a pleasant and beautiful place to live, work and shop. c:cilccmem29 10 CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL VIA: TERRENCE BELANGER, CITY MANAGER FROM: JAMES DESTEFANO, DEPUTY CITY MA R SUBJECT: COUNCIL COMMENTS ON ARTICLE III DATE: FEBRUARY 9, 1998 The following are Council comments on Article III of the Development Code. Staff's responses are shown below in italics. 1. Page 111-5, 22.16.020, by striking out "or moved to" does that mean that we will not allow a structure to be moved to another location? No. State law requires that cities allow the installation of manufactured housing on lots zones for single family residential dwellings, which would be a circumstance under which a structure would be "moved to a legally recorded parcel. This can be corrected. 2. Page 111-6, A2, what is considered "high winds" and who determines the high winds? This would a judgement call on the part of the construction superintendent. The City would respond to any complaints by neighbors about blowing dust and ensure that such operation cease under these conditions. 3. Page III -7,A, is 20 feet a standard height? According to the Building and Safety Division 20' is a standard height. 4. Page III -10, C, Why is the acreage different for new centers vs. old remodeled centers, i.e., one acre vs. five acres? This was a judgment call on the part of staff. The primary intent of this section is to provide opportunities for new projects to integrate pedestrian open space into the original design of a new commercial project, even in smaller center. However, it would be more difficult to retrofit an existing smaller Center, and allow an increase in the floor area or lot coverage on a site that is already developed. It was determined by staff, it would require a larger site to accommodate such a redesign effectively. 5. Page III -11, A, Last sentence, what if the wall was not part of a project review? Walls that are not part of a project are still subject to over-the-counter review by the Planning Division, where they are evaluated for compliance with height and locational standards and to ensure the materials and colors are aesthetically pleasing and compatible with the residence or primary structure. 6. Page III -11, B, "including views from above the subject project" does this mean a screen or roof has to be put on to block the view from above? Yes, this is an issue in Diamond Bar because of the hillsides and the potential for a residence to be located above a commercial development where residents could be impacted by views of unscreened roof - mounted equipment. 7. Page III -12, E. Could you give an example of what this is talking about? Most of the shopping centers in the City have parking lots adjacent to the street. An example is the Ralphs Center on the corner of Grand and Diamond Bar Boulevard. If this Center were constructed by the propoesed standards in this section, screening would be required. An example of a Center where the parking area is below the abutting property (or in this case the street) is Country Hills Towne Center, where the parking lot is significantly below the level of the street and the parking lot is not as visible. The intent of this section is to provide the public with views of landscaping and low walls rather than a sea of cars. 8 Page III -17,2. For clarification can we add a reference to "Table 3-1 " in the first sentence, "The following (Table 3-1) are.."? S. Page 111-18, B. For clarification can we add a reference to "Table 3-2" in the third sentence, "The following (Table 3-2) are.."? These references can be added. 10. Page III -20, D. do we need to add the "Council" as possible reviewing the projects? Council can be added. 2 11. Page III -21, I would like to have Figure 3-5 explained (verbally is fine)? This figure illustrates graphically the location of required yards and the height limits for walls within these yards. "Sight distance area" refers to the area on a corner lot adjacent to the roadway, which is required to be clear of obstructions which may block the view of motorists, potentially creating a traffic hazard. 12. Page III -23, 22.18.010, Would the "25% more residential units" require a General Plan amendment? No, this exception is required by State law to encourage the provision of affordable housing and would not require a General Plan amendment. State law overrides the regulations of the local jurisdiction. 13. Page III -33, A, remove "which" from first sentence? 14. Page III -33, B, remove "that" from first sentence? 15. Page 111-33, 81, remove "which" from first sentence? These changes can be made. 16. Page III -35, A, could you please give an example? If a project is located within the Rural Residential zoning district, the maximum density is 1 unit per acre. If the slope area is 26% to 30%, in accordance with Table 3-4, it would be subject to a density reduction factor of 0.9. This would be multiplied by the 1 acre, resulting in a permitted density of .9 units per acre, reduced from 1 unit per acre. 17. Page III -35, B, Can the "Council" as well as the Commission increase the allowable density? Yes. The Planning Commission is the recommending body for subdivisions and the City Council, as the final decision-making body, could increase the allowable density. 18. Page 111-35, B, last sentence, what is "an appropriate manner"? An example would be the dedication of an open space easement and a condition of approval applied to the recorded tract map restricting development in areas that the City determines should be retained as open space. 19. Page III -36, 6. Do we have any "significant archaeologic areas"? (Note, my computer spell check says archaeologic is misspelled. Should it be "archaeological" instead?) According to the Master Environmental Assessment (MEA) which was adopted by the City Council in July of 1992, there are five recorded archaeological site within the City and the sphere of influence. These 3 sites are shown on the attached map taken from the MEA. Archaeologic can be changed to archaeological. 20. Page III -36, B, third line, should "effect" be "affect"? This will be corrected. 21. Page III -36, A, Should "Council" be added to the last line? Council can be added. 22. Page 111-40, A. Should the reference to "Figures 111-10 and 111-14" be "Figures 3-10 and 3-14"? If not, then where are Figures 111-10 and III - 14? This will be corrected. 23. Page III -44, 85, Since you eliminated "100 feet measured " should we then eliminate "whichever is more restrictive" at the end of the sentence since we are only giving one option? This will be deleted. 24. Page I11-45, 6, Is this the description for Figure 3-16? If it is can we add a reference? No. This will be clarified. 25. Page III -46, C1, add reference to Figure 3-17? 26. Page 111-47, 4, Is this the description for Figure 3-19? If it is can we add a reference? 27. Page 111-48, 6, Is this the description for Figure 3-20? if it is can we add a reference? 28. Page III -49, 8, add reference to Figure 3-22? 29. Page III -49, 9, add reference to Figure 3-23? These references will be added, except for item 6 on page 111-48 which does not reference figure 3-20 30. Page III -50, top two sentences. Why would we .have anything in this Section that "does not meet sound engineering standards"? This section will be reworded 31. Page III -50, Al, what is "rip rap:? Rip rap is masonry or concrete and rock laid randomly against the earth to form a barrier to retain a slope or to prevent erosion. An example is located within the Piermarini project on Diamond Knoll. 4 32. Page 111-51, 131, add reference to Figure 3-26? 33. Page 111-56, A, add reference to Figure 3-31? 34. Page III -56, 131, add reference to Figure 3-32? 35. Page 111-58, where can we reference Figure 3-34? 36. Page III -59, where can we reference Figure 3-35? These references can be added. Figures 3-34 and 3-35 can be referenced under B.1 on page 111-58. 37. Page III -60, 22.22.130, How long can "sandbags" be used as retaining walls? Is it appropriate to add some language saying that sandbags are temporary only? 1 am referring•to the year-round sandbags that are used on Golden Springs between Copley and Grand. Sandbags are intended for use as erosion control, not as a retaining walls and would not be addressed in this section. According to the Public Works Division, there is no set life for sandbags, they are replaced as required. 38. Page III -61, B3, fourth sentence, should "plan" be "plain"? "Plan view" refers to the view when looking down on the plans, similar to an aerial view. 39. Page III -79, C, Who determines what a "regular maintenance schedule" is? This would be determined by the project applicant under the advisement of the landscape architect or contractor. A regular maintenance schedule will insure that the landscaping is properly maintained. If ft is not then this would be a Code violation. 40. Page III -83, 61, What does "L50" mean? "L" refers to the noise level, the number in subscript refers to the percentage of time that the noise level is being exceeded. As described in the text, the noise level standard may not be exceed more than 30 minutes in any hour. 41. Page 111-84, E, If a citation is issued, what is the penalty? According to Chapter 1.04 of the Municipal Code -Penalties, Remedi c and s _verahifity. anyone violating the Code is guilty of a misdemeanor, which is punishable by a fine not exceeding 51,000.00 or by imprisonment not exceeding six months, or by both fine and imprisonment. However, the City may at their discretion determine that a violation is considered an infraction, which is subject to a fine not exceeding $100.00 for the first violation; $200.00 for a second violation of the same provisions within one year; and $500.00 for each additional E violation of the same provision within one year. 42. Page III -88, C, How does this compare to the L.A. City ban? This can be researched further. 43. Page 111-89, J1, Do we test the Garbage Trucks now? No. 44. Page III -92, 22.30.040, Can we control the size of the parking spaces? Some of our current shopping centers have too narrow of parking spacesl The size of parking spaces are regulated by the Development Code. The current Planning and Zoning Code requires standard parking spaces to be 8.5'x 18' and compact spaces to be 8'x 15.' The proposed Code (Page ///-140) establishes a minimum 9' x 19' standard stall dimension and does not allow compact spaces. The size of the parking spaces is controlled by the Code and when a new project is reviewed by the planning staff or an existing project is modified, the parking space dimensions are checked for compliance with the Code regulations. 45. Page 111-98, do these vehicle spaces required include spaces for employees? Yes, these standards have been created to include employee parking spaces. Additionally, through the discretionary approval process, the Director or the Planning Commission can require additional parking spaces for employees or designate certain spaces for employee use only if it is determined to be beneficial to the operation of the project. 46. Page III -104, last block on right of Table 3-12, should "62 feet" be changed to "64 feet"? These calculations will be confirmed with the consultant. 47. Page 111-116, F4, should "Council" be added along with the Commission? Planned developments are subject to Development Review, which is subject to review and final approval by the Planning Commission. Unless the planned development is processed in conjunction with a subdivision, the Planning Commission will be the final decision making authority for these projects. 48. Page III -117 Al, would this include boats and trailers? This would include inoperative boats and trailers. Further, B. below limits the parking of motor vehicles to a garage, carport, driveway or other paved parking area. 0 49. Page 111-117, A2, who enforces this? The Code Enforcement Officer would enforce, generally by responding to complaints of an inoperative vehicle. 50. Page III -118, B2, can we add recreational vehicles, boats and trailers? B. 1 above, addresses the appropriate storage and parking of these types of vehicles. 51. Page 111-118, C, who enforces? The Code Enforcement Officer, generally responding to neighborhood complaints 52. Page III -118, D, What is recourse if not maintained, who will enforce? The Code Enforcement Officer. 53. Page III -118, A1, add recreational vehicles? This can be added. 54. Page III -119, B, does this mean that we have to have on-site parking if our garage is full of wonderful treasures that we can't part with? Yes. 55. Page 111-119 C2, add recreational vehicle, boat? This can be added to C 1. 56. Page III -119 D, E, F, G, who enforces? 57. Page III -121 F, who enforces? The Code Enforcement Officer. 58. Page III -132, E, I would like the Council to reconsider the "50%" minimum. This can be discussed at the workshop and public hearing. 59. Page 111-134, D, should this be "C"? If so, then need to also change "E" to "D" This will be corrected. 60. Page 111-135, 2, how will this be enforced and is there any penalty? The Code Enforcement Officer will generally just take the signs down. 61. Page III -136, C1, last word "Ordinance", is this Development Code considered an "Ordinance"? The Development Code will be adopted by ordinance as Title 22 of the Municipal Code. "Ordinance" should be changed to "chapter. " 62. Page III -141, D,*can this be applied to "political campaign signs"? Political campaign signs are considered temporary signs and are subject to the provisions contained within Section 22.36.090. "D" could be applied to this type of sign. 63. Page 111-167, D, who pays for the investigation and How long does the Sheriff have to complete the investigation? A time limit has not been specified. The cost would be charged to the applicant as part of the permit processing fee. 64. Page 111-167, D1, do we need to substitute "Sheriff's completed investigation" for "filing of the permit" in the sentence, "Director shall approve the application within 20 days of the Sheriff's completed investigation unless one or more.." This will be changed. 65. Page III -167, D1d, can we add a definition of "Specific Criminal Act" in Article VI? This can be added. 66. Page 111-167, D1d3, Does this mean that if a person is appealing they can get a license?. This will be clarified. 67. Page 111-168, 4 top of page, Is this a legal requirement that we must allow? The adult -business regulations have been prepared in conjunction with and thoroughly reviewed by the City Attorney to insure compliance with all applicable laws. 69. Page 111-168, 2, what is the reasonable time allowed? This will be clarified. 70. Page III -168, F, Is this from the outermost or closest property line or is it how close the buildings could be? In accordance with Article 4 Section 22.04.020D. (page 1-12), separation between land uses shall be measured from the exterior property boundary of the subject site to the exterior property boundary of the site from which such separation is required. 8 82. Page 111-180, 6a, How do you provide a residence with one additional parking space? /f there is enough room on the driveway or if the site will accommodate an additional paved area. 83. Page 111-180, B, reference to "Subsection B" should be "Subsection A" This will be corrected. 84. Page 111-183, A5, does this mean that you cannot have an employee i.e. tax service where you have employees come into your home to help? Yes. 85. Page 111-184, 9, can we add a definition of "hazardous materials" to Article VI? This can be added. 86. Page 111-184, 10, How does this affect businesses such as Avon, Tupperware, etc. Yes. 87. Page III -184, 61, do we know what the "Subsection 9.xx.xxx" is? This should be changed to "subsection A. above ". 88. Page III -188, 5, remove "; and" from end of paragraph. This will be removed. 89. Page III -193, A3c, can we add page number 111-196 to make it easier to find Table 3-157 This will be added. Attachments: General Plan Archaeological Resources Map 10 71. Page 111-169, 2, can we require a locking device? This requirement can be added. 72. Page I11-169, 6, does this apply to video rental stores which have adult movies? Only if it is considered a sexually -oriented business. In accordance with Article Vl, Definitions, (pg VI -61, this is a business having at least 20 percent of its stock devoted to sexually -oriented material, sexually - oriented merchandise, or both. 73. Page 111-170, 10b, does this also apply to people blocking the view? / don't believe that this would be enforceable unless it was on a consistent basis for an extended period of time. 74. Page 111-170, 1 la, do we need to add further stipulation that there be separate dressing rooms for males and females? This can be specified. 75. Page 111-171, H3, can we add "sufficient to prevent viewing from outside" to the and of the sentence? This can be added. 76. Page III -173, 11 b, how are we going to monitor the 2096? Through undercover officers doing periodic investigation and through the Code Enforcement Officer responding to any complaints. 77. Page 111-173, 12a, should. "Entertainer" be added to " Sexually -Oriented Business Entertainer Permit number"? This can be added. 78. Page III -174, 2a, does this mean 20 days after the Sheriff completes his investigation? This will be clarified. 79. Page III -178, D, are you allowed to have three dogs and three cats? l believe that it is any combination of the two, but this will be clarified. 80. Page III -179, A, how many children are allowed in a "large family day- care home"? Seven to fourteen, in accordance with the Definitions Article (pg. V1- 12). 81. Page 111-179, Al c, why would we allow this? This will be clarified and can be discussed further. 9 -- �. now lllll� J� iN:URE Ei GENERAL PLAN ARCHAEOLOGICAL RESOURCES AREAS FOR w1#CII ARCKO(Ao, SURVEYS ARE ON RE %MTH INE EICEA ARCHAEOEOGICAI "ORMARON CENTER (AE d NMWA� , I::0 RECORDED ARCHEOIOGICAl S11, KAA" I. L. Anpdw C..4IM nunUN SOIRICE: UN Wwv d Cdbma, In Arp�M�, 1990 JI LMJNING NEiWM NORTH ^ 7U^^ ^IMI • "II I CITY COUNCIL GOAL SETTING. EVALUATION RANKING 1996/97 Goals and Objectives re -ranked for 1998/1999 fiscal year Scale: 1 (least important) to 10 (most important) 1996 - 1997 GOALS AND OBJECTIVES Expand and Enhance Customer/Client Service (Timely Feedback) (MARCH 1997) 9 10 10 10 10 9.8 Economic Development Strategic Plan Preparation (APRIL 1997) 9 10 10 10 10 9.8 City Hall (future) Planning (JULY 1997) 10 9 9 10 10 9.6 Staff Team Building Work Sessions (MARCH 1997) 10 9 9 10 10 9.6 Strategic Planning Workshop Preparation (APRIL 1997) 9 10 10 9 8 9.2 Evaluate the Expansion of the Community Volunteer Patrol Program (APRIL 1997) 7 7 10 9 10 8.6 Economic Summit (public and private sector) (SUMMER 1997) 7 10 9 8 9 8.6 Analyze the Feasibility of an In -House Recreation Program (MARCH 1997) 7 6 8 8 10 7.8 Evaluate Business Registration System (FALL 1997) 7 7 5 9 9 7.4 City on Line Master Plan (improvements and expansion) (ON-GOING) 5 5 10 8 8 7.2 Revise Capital Improvement Budget to a 5 Year CIP Budget (JULY 1997) 9 7 10 1 8 7.0 Land Use Application and Permit Process Streamlining (FALL 1997) 1 1 6 1 8 1 1 9 5.0 CITY COUNCIL GOAL SETTING EVALUATION RANKING 1996/97 Goals and Objectives re -ranked for 1998/1999 fiscal year Scale: 1 (least important) to 10 (most important) Gf�t# Herrera Chang �naarf Batt; Q'Cunnor i;..Qverall '" ___......... . Revise Planning, Engineering, and Building Fee Schedule (JULY 1997) 1 ( 5 7 1 9 j 4.6 Evaluate Im lementation of a Volunteer Home Im rovement Pro ram 1996-97 ON-GOING GOALS AND OBJECTIVES 1 5 7 1 9 14.6 Neighborhood Traffic Studies Implementation (SPRING 1997) ? 7 10 8 10 10 9.0 Establish Public -Public and Public -Private Partnerships, Where Appropriate (ON-GOING) 7 8 10 10 10 9.0 Disaster Preparedness Planning, Training and Management (City and Neighborhood) (ON-GOING) 9 i 7 j 10 10 9 1 9.0 Evaluate Impacts of Traffic on Economic Development 8 ! 10 8 8 10 8.8 Evaluate Existing Organization & Recommending Adding, Deleting and/or Modifying Classifications. (MARCH 1997) 9 8 j 7 10 8.5 Analyze the Adoption of an Overnight Parking Ordinance 8 j 8 8 10 8.5 Classification and Compensation Plan Preparation (MARCH 1997) 8 ! 8 17 10 j 8.25 Evaluate Existing Personnel as to their "Fit" into the Reorganized Structure (MARCH 1997) 9 ; 9 5 I 10 8.25 Master Plan of Parks & Facilities Preparation (WINTER 1997) 1 10 10 10 7.75 FY 1997-98 "Shortfall" Remediation Planning (MARCH 1997) 10 { 9 1 10 17.5 Complete Pantera Park (FALL 1997) 1 9 10 10 10 7.5 Revise Personnel Ordinance and Rules and Regulations (MARCH 1997) 9 7 7 6 8 7.4 Complete Peterson Park Modifications (SPRING 1997) 1 5 10 10 7.0 Monitor the Mitigation Plans for the Westerly City Limit Landslide (Morning Sun) (SPRING 1997) 1 8 9 10 7.0 Development Code Preparation (tree ordinance, hillside management ordinance) (WINTER 1997) 1 10 10 7.0 Diamond Bar Blvd Resurfacing (SPRING/SUMMER 1997) 1 8 9 9 6.75 Pathfinder Rd. Resurfacing (SPRING/SUMMER 1997) 1 9 9 16.34 Evaluate Software Programs re: Financial Management (JULY 1997) 1 E 1 7 10 6.0 Development Impact Fee Schedule Preparation (JULY 1997) 1 5 1 7 6 j 5.6 1996-97 LONG TERM GOALS AND OBJECTIVES Master Plan for Code Enforcement Preparation 8 i 10 10 10 19.5 Evaluate Secondary Access Alternative to Diamond Ranch High School (JULY 1997) 6 8 1 10 6.25 Master Plan of Youth Preparation 1 5 10 8 16.0 CITY COUNCIL GOAL SETTING EVALUATION RANKING 1996/97 Goals and Objectives re -ranked for 1998/1999 fiscal year Scale: 1 (least important) to 10 (most important) 4 , lierrer� aGk�saB < Batt ���u�nipor tl�eram 1997-1998 GOALS AND OBJECTIVES Zip Code Resolution 8 10 10 10 10 9.6 Civic Center/City Hall 10 10 9 9 10 9.6 Pursue/Monitor Traffic solutions - 71/91, 60/57 cooridorrnterchange 8 10 10 10 10 9.6 Senior/Community Facility 10 8 9 10 10 9.4 Senior Center 10 8 9 10 9.25 Inter -Agency Planning (Chino Hills/Industry/Pomona/LACO) 10 7 10 10 to 9 .Z Traffic study 7 10 9 10 9.0 Volunteer Patrol - Parking Enforcement Enhancement 7 8 10 9 10 8.8 Pro -actively Seek A By -Pass Road 10 10 3 10 10 8.6 Larkstone Park (Joint Park Planning W VUSD/City) 8 4 10 9 10 8.2 Monthly Newsletter (Limited Distribution) 8 8 5 10 9 8.0 Diamond Ranch High School Access 7 8 6 6 10 7.4 Parking Restrictions (New Development) 1 7 8 7 7 8 7.4 CITY COUNCIL GOAL SETTING EVALUATION RANKING 1996/97 Goals and Objectives re -ranked for 1998/1999 fiscal year Scale: 1 (least important) to 10 (most important) Audit Street Maintenance Contract vs. L.A. County 7^- - 1 6, j 7 5 10 7.0 Home Occupation Standards 7 3 ! 7 8 9_ 6.8 Business Licenses 6 E 6 j 7 3 5 5.4 LA SherifTs Department Services Audit/Evaluation 1 i 3 8 4 10 5.2 Architectural Review 1 5 ! 8 7 5 5.2 Truancy Ordinance 1 6 ': 5 5 8 ; 5.0 Saturday Night Special Gun Ban 1 5 j 7 1 7 14,2 Stone Property Purchase 1 i 4 1 0 1 1 1 1.4 CITY COUNCIL GOAL SETTING EVALUATION RANKING 1996/97 Goals and Objectives re -ranked for 1998/1999 fiscal year Scale: 1 (least important) to 10 (most important). GENERAL PLAN GOALS AND OBJECTIVES Defineliimplement an economic development program to attract commercial 9 10 10 10 Target revitalization of existing commercial users 9 10 10 10 Active Pursuit of Commercial Development in the Gateway Corporate Center 9 9 9 7 Consider Annexation of additional areas west of City 9 1 9 8 8 j Designate/pursue acquisition of a civic/multi purpose community center 10 ! 10 10 10 Develop Open Space program - identify and preserve 1 1 9 9 8 Seek annexation of areas which have primary access in DB Pursue undergrounding overhead utility lines 9 7 9' i 7� - 8 10 8 7 mm Promote joint development/use of parks and open space facilities Establish a land use classification system 8 8 7 7 10 7 10 7 Investigate a bond issue for purchase of open space 1 9 8 8 Acquisition of land for parks and nature area conservation 9 8 8 10 Prepare Public Information packet on zoning and development requirements 7 i 6 j 6 7 Provide information regarding the availability of emergency shelter 8 7 8 8 CITY COUNCIL GOAL SETTING EVALUATION RANKING 1996/97 Goals and Objectives re -ranked for 1998/1999 fiscal year Scale: 1 (least important) to 10 (most important) G�r'R]<. i)crrerx ChaxrB Arra:ry H#B unnor Overall Pursue the development of a system of greenbelts within the community 1 8 10 8 7 6.8 Establishment of LLMD for open space improvements/maintenance 5 7 9 10 7 7.6 Develop and locate City entry monuments 1 8 6 8 6 5.8 Promote/encourage housing for elderly, handicap and disabled 8 7 9 7 7 7.6 Participate in environmental education programs 1 6 9 6 6 5.6 Establishment/expansion of LLMD for ensuring ongoing maintenance of City 5 6 8 7 7 6.6 Consider Art in Public Places 1 6 9 7 7 6.0 Investigate establishing 101/o low and moderate housing 1 5 8 5 6 5.0 Enact Development Code Provisions for second units on single family parcels 8 5 6 5 6 6.0 Develop a slope density ordinance 8 6 9 10 10 8.6 Enact provisions and techniques that enhance groundwater recharge/recovery 7 4 7 4 7 5.8 Encourage provision and maintenance of neighborhood identification signage 1 8 8 1 6 4.8 monitoring ro ram t o and cost of housing 7 5 8 2 5 5.4 Identify retail needs which are not being met in the community 8 10 10 8 10 9.2 Pursue development of major joint use recreation/meeting facilities - education 8 8 9 8 10 8.6 CITY COUNCIL GOAL SETTING EVALUATION RANKING 1996/97 Goals and Objectives re -ranked for 1998/1999 fiscal year Scale: I (least important) to 10 (most important) Cr03#>. ilGer�erx Chang elaaxrl Hi►K tli=Conaor (?verall Work to plan/locate untreated potable water reservoir in Tres Hermanos area 1 5 ? 9 7 5.5 Coordinatelencourage use of reclaimed water, stored rainwater or gray water 6 5 ? 9 7 6.75 Prepare Ordinance to allow implementation of water conservation technology 6 5 ? 8 7 6.5 EncouragelUpgrade irrigation systems to the most efficient system 5 8 9 7 7 7.2 Adopt Energy Ordinance to incorporate retrofit of energy conservation 5 5 7 5 7 5.8 Implement the Solar Rights Act of 1978 1 5 ? 5 6 4.25 Require inclusion for energy efficient modes of transportation, mass transit.. 1 5 ? 5 6 4.25 Design/implement a city wide system of bikeways and pedestrian trails 1 6 9 10 10 7.2 Participate/investigate alternative energy sources/photovoltaic /cogeneration 1 5 5 3 6 4.0 Require commercial/industrial generators to develop a SRRE/Recycling plan 1 4 10 10 10 7.0 Adopt a grading manual to supplement the City's grading code. 5 7 ? 10 8 7.5 Prepare CIP program for flood control improvements & master plan of 8 8 ? 8 6 7.5 Promote neighborhood watch/business watch programs 8 9 9 8 8 8.4 Implement effective emergency preparedness and response programs 8 9 10 10 10 9.4 Prepare programs for traffic control measurers 8 9 ? 7 8 8.0 CITY COUNCIL GOAL SETTING EVALUATION RANKING 1996/97 Goals and Objectives re -ranked for 1998/1999 fiscal year Scale: 1 (least important) to 10 (most important) F ,#�I. flel'rcra ° �8 �n 13ud� a'Cnunor [�Y@CAII Investigate a local transit system 1 7 1 7 4.0 Work with PUSD for secondary access to future High School 5 8 7 9 10 4 7.8 Develop a signal system management system and maintenance program 5 9 8 7 8 7.4 Consider implementing a traffic impact fee system 1 9 7 7 7 ' 6.2 Consider "toll road" to finance/maintain environmentally sensitive corridor. 9 10 9 10 8 i 9.2 Encourage schools to improve parking and loading facilities 8 8 10 10 10 9.2 Work with LA County to insure adequate Library services are provided 7 ( 10 10 10 10 9.4 CITY COUNCIL GOAL SETTING EVALUATION RANKING 1998/1999 FISCAL YEAR Scale: 1 (least important) to 10 (most important) € SAI. l rera< 1rlti n�" �Xianari Hutt On yerall 1998-1999 GOALS AND OBJECTIVES _............._...__....._.... _ .._ ...... _ .. _._- ......... . _ ...._..._..._......_.......,.,....._...._.__...._......,......_............._.. Re -stripe Grand/Diamond Bar Blvd., Grand/Golden Springs into 3 lanes, to _._.7.._.__....--....... 110 _.... _......_..,... , increase traffic flow capacity & decrease traffic grid locks — _.. ---- — -- — -- ------------ -- ---------- Build a 100' wide ridge line express by-pass via Tonner Canyon, no on/off ramps, open during traffic hours only - - - - - t - - --- � 10 - ---- -- - - --- ---- -.-. -- - - f ; Evaluate Business Registration with Nominal Fees i 9 L------ Expand &Enhance Customer/Client Service10 1 - - - _.._.....__... ..._..__._......_._... _._....... _...._.._._..... Economic Development Strategic Plan r _ ! 10 R Obtain Joint Use Agreements with PUSD & W VUSD for Facilities — 10 - -- - -- -- -- --- -...- - - -- - - - Implement School Traffic Study Recommendations --- ------ — - ++ -- - - - --- t - - - — ---- - - ` 10 - s Prioritize Redevelopment Project Areas __ 10 Pursue Implantation of Parks Master Plan Recommendations 10 Implement Green Waste Program City Wide ! 10 Regular Meetings with All Sports and Service Organizations 10 City or Council or Commissioner liaison with Sports and Service 10 1 Organizations - CITY COUNCIL GOAL SETTING EVALUATION RANKING 1998/1999 FISCAL YEAR Scale: 1 (least important) to 10 (most important) Community Outreach Program 10 f Dial A Ride for Teenagers 10 Audit Services Provided by Pomona Humane Society 10 Compare Contract Services vs. Expanding City Staff j j 10 ( Sports Complex 10 Purchase Property for Civic Center/Community Center/Libraryf i--- 10 Competitive Solid Waste Rates ------- — ---- - — — — — -- --- -- - — — — - --- ' ----- -- 10 Stronger Sign Ordinance pertaining to Political Signs -- -- ------------------------ j 10 Expand Park and Ride Lots _ — I # 10 I How do we find out all businesses in Diamond Bar and careful "Listing of all Businesses including home-based businesses" Expand City on Line to include all services - tie in to schools real estate offices, etc. Specific redevelopment protect locations Making Diamond Bar a "Livable Community" 3 ; i Explore a "Farmer's Market" - - ---- - -- - - - -.._............. .................._.....- - - CITY COUNCIL GOAL SETTING EVALUATION RANKING 1998/1999 FISCAL YEAR Scale: 1 (least important) to 10 (most important) ?�#L Herrero Chang Aaaari Huff Q=Con►wr < (�vera[I Combine City Parade with City Birthday Party Establish Human Resources Committee or Commission Better Coordination of Commissions with Council Provide in budget - meetings for commissioners to attend Include Green Waste Collection in SRRE Establish Street Sweeping Signs/No Parking on street sweeping days Make Diamond Bar " A Healthy City" Establish a Council of Churches Develop a City Citizen "Help" Book (listing all organizations - where to get help, annimal, medicare, medical offices, physicians, dentist, ocial services, welfare - etc.) Developing a city matching program (will explain) for Art CITY COUNCIL GOAL SETTING EVALUATION RANKING 1998/1999 FISCAL YEAR Scale: 1 (least important) to 10 (most important) GOAT. Here era bhang AnYari H41Tp'Connor Overall 1998-1999 GOALS AND OBJECTIVES MEMORANDUM TO: Honorable Chairman and Redevelopment Agency Members VIA: Terrence L. Belanger, Executive Direc ,E FROM: Linda G. Magnuson; Assistant Finance Director DATE: February 11, 1998 SUBJECT: Advance and Reimbursement Agreement Number 7 Recommendation: It is recommended that the Redevelopment Agency adopt a resolution approving Advance and Reimbursement Agreement Number 7, with the City of Diamond Bar, in the amount of $110,500. Discussion: The Diamond Bar Redevelopment Agency (DBRDA) was formed in April, 1996. Since its inception, the City has advanced funds to DBRDA through several Advance and Reimbursement Agreements. These agreements have been used to fund DBRDA related administrative activities, including operating expenditures, and legal/professional services over three fiscal years. During this time, the City has provided personnel resources to the Agency. As the activities of the Agency expand, it is now the City's desire to allocate appropriate personnel costs to the Agency. The cost of which is anticipated to be approximately $65,000 through the end of FY 97-98. The Redevelopment Agency mid -year budget amendment proposes an increase to several other administrative budgetary line items in the amount of $25,500. The current DBRDA budget includes $20,000 for which there has not been an Advance and Reimbursement Agreement implemented, it is being recommended that this amount be included within the proposed Advance and Reimbursement Agreement Number 7. RESOLUTION NO. A RESOLUTION OF THE DIAMOND BAR REDEVELOPMENT AGENCY APPROVING ADVANCE AND REIMBURSEMENT AGREEMENT NUMBER 7 WITH THE CITY OF DIAMOND BAR The Diamond Bar Redevelopment Agency hereby finds, determines, resolves and orders as follows: SECTION I . The Advance and Reimbursement Agreement Number 7, for Administrative and Overhead Expenses, attached hereto as Exhibit "A", is hereby approved. The Chairman is hereby authorized and directed to execute such Advance and Reimbursement Agreement Number 7 for and on behalf of the Agency. PASSED, APPROVED AND ADOPTED this day of 11998. Chairman 1, Lynda Burgess, Secretary of the Diamond Bar Redevelopment Agency, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the Diamond Bar Redevelopment Agency held on the day of , 1998, by the following vote: AYES: AGENCY MEMBERS: NOES: AGENCY MEMBERS: ABSENT: AGENCY MEMBERS: ABSTAINED: AGENCY MEMBERS: ATTEST: Lynda Burgess, Secretary DIAMOND BAR REDEVELOPMENT AGENCY INTEROFFICE MEMORANDUM TO: Honorable Chairman and Board Members 1 VIA: Terrence L. Belanger, Executive Dire FROM: Linda G. MagnusonfAsst. Finance Director DATE: February 17, 1998 SUBJECT: Advance and Reimbursement Agreement Number P 1 Recommendation: It is recommended that the Redevelopment Agency adopt a resolution approving Advance and Reimbursement Agreement Number P 1, with the City of Diamond Bar, in the amount of $328,120. Discussion; The Diamond Bar Redevelopment Agency adopted the Diamond Bar Economic Revitalization Area Plan in July, 1997. One of the major tenants of this plan is the improvement of the area's infrastructure. The Redevelopment Agency is now ready to commence some of these improvements by awarding engineering design contracts for the improvement of the following: Brea Canyon Road between Golden Springs Drive and Pathfinder Road Brea Canyon Road between Pathfinder Road and the Southerly City Limits Brea Canyon Cut -Off Road between Diamond Bar Boulevard and the Westerly City Limits Golden Springs Drive between Brea Canyon Road and the Westerly City Limits Lemon Avenue between Golden Springs Drive and the Northerly City Limits Golden Springs Drive between Grand Avenue and Torito Lane The cost related to these design contracts is anticipated to be $328,120. Therefore it is requested that the City Council approve Advance and Reimbursement Agreement Number P1, in the amount of $328,120. 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 (i) Brea Canyon Road between Golden Springs Drive and Pathfinder Road, (ii) Brea Canyon Road between Pathfinder and the Southerly City limits, (iii) Brea Canyon Cut -Off Road between Diamond Bar Boulevard and the Westerly City limits, (iv) Golden Springs Drive between Brea Canyon Road and the Westerly City limits, (v) Lemon Avenue between Golden Springs Drive and the Northerly City limits, and (vi) Golden Springs Drive between Grand Avenue and Torito Lane (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. Robert S. Huff, 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 DIAMOND BAR REDEVELOPMENT AGENCY AGENDA REPORT AGENDA NO. TO: Honorable Chairman and Board Members MEETING DATE: February 17, 1998 FROM: Terrence L. Belanger, Executive Director REPORT DATE: February 10, 1998 hITLE: Award of Engineering Design Services for Various Street Improvement Projects. SUMMARY: On October 10, 1997, the Public Works Division solicited proposals for design services of public street improvements on 1) Brea Canyon Road between Golden Springs Drive and Pathfinder Road; 2) 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; 3) Golden Springs Drive between Brea Canyon Road and the Westerly City Limits and Lemon Avenue between Golden Springs Drive and the Northerly City Limits; and 4) Golden Springs Drive between Grand Avenue and Torito Lane. On November 12, 1997, 27 proposals were received. At this time Staff proposes to award the design services contract to the most qualified consultants. RECOMMENDATION: That the Redevelopment Agency award the engineering design services contracts for 1) Brea Canyon Road between Golden Springs Drive and Pathfinder Road to Norris-Repke, Inc. ($56,123 contingency $6000); 2) 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 to Dewan, Lundin & Associates (S] '36,8 10 : contingency $14,000); 3) Golden Springs Drive between Brea Canyon Road and the Westerly City Limits and Lemon Avenue between Golden Springs Drive and the Northerly City Limits to INCA Engineers ($75,346 : contingency $8000); and 4) Golden Springs Drive between Grand Avenue and Torito Lane io I lall & Foreman Inc. ($28,840 : contingency $3000). These projects represent a total amount not -to -exceed S297,1 19.00 and a total contingency amount of $31,000.00 for contract amendment(s) to be approved by the I_"xecutive Director, for a total authorization amount of $328,119.00. I .IST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification Resolution(s) _ Bid Specification (on file in City Clerk's Office) Ordinances(s) _ Other: RFP dated 10/10/97 and Consultants Proposals x Agreement(s) are on file with the City Clerk SUBMITTAL CHECKLIST: 1 -las the resolution, ordinance or agreement been reviewed x Yes _ No by the City Attorney? Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? N/A _Yes _ No -1. Has the report been reviewed by a Commission? N/A —Yes—No Which Commission? Are other departments atlected by the report? N/A _ Yes _ No Report discussed with the following affected departments: REVIEWED BY: James DeStef o Deputy City Manager avid . Liu Deputy Director of Public Works DIAMOND BAR REDEVELOPMENT AGENCY REPORT AGENDA NO. — MEETING DATE: February 17, 1998 TO: Honorable Chairman and Board Members FROM: Terrence L.Belanger, Executive Director SUBJECT: Award of Engineering Design Services for Various Street Improvement Projects. ISSUE STATEMENT The City desires to retain 1) Norris-Repke, Inc.; 2) Dewan, Lundin & Associates; 3) INCA Engineers; and 4) Hall & Foreman Inc. for design services for public street improvements on 1) Brea Canyon Road between Golden Springs Drive and Pathfinder Road; 2) 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; 3) Golden Springs Drive between Brea Canyon Road and the Westerly City Limits and Lemon Avenue between Golden Springs Drive and the Northerly City Limits; and 4) Golden Springs Drive between Grand Avenue and Torito Lane; respectively. RECOMMENDATION That the Redevelopment Agency award the engineering design services contracts for 1) Brea Canyon Road between Golden Springs Drive and Pathfinder Road to Norris-Repke, Inc. ($56,123 : contingency $6000); 2) 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 to Dewan, Lundin & Associates ($1.36,810 : contingency $14,000); 3) Golden Springs Drive between Brea Canyon Road and the Westerly City Limits and Lemon Avenue between Golden Springs Drive and the Northerly City Limits to INCA Engineers ($75,346 : contingency $8000); and 4) Golden Springs Drive between Grand Avenue and Tonto Lane to Hall & Foreman Inc. ($28,840 : contingency $3000): These projects represent a total amount not -to -exceed $297,1 19.00 and a total contingency amount of 531,000.00 for contract amendment(s) to be approved by the Executive Director, for a total authorization amount of $328,119.00. FINANCIAL SUMMARNI $328,119.00 needs to be allocated from the Redevelopment Agency for the various Street Improvement Projects as described above. BACKGROUND/DISCUSSION On October 10, 1997, the Public Works Division sent out approximately 100 requests for proposals for design services for public street improvements on 1) Brea Canyon Road between Golden Springs Drive and Pathfinder Road; 2) Brea Canyon Road between Pathfinder Road and the Southerly City Limits and Brea Canyon Cut -Off between Diamond Bar Boulevard and the CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of February 17.1998 by and between the Redevelopment Agency of the City of Diamond Bar, a municipal corporation ("Agency") and Norris-Renke�Inc. , ("Consultant"). RECITALS A. Agency desires to utilize the services of Consultant as an independent contractor to provide consulting services to Agency as set forth in Exhibit "A", the Request for Proposals dated October 10. 1997. B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and vgxrbse of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "B" for Brea Canyon Road Stmt improvement, between Golden Springs Drive and Pathfinder Road, of the C whanes Response, dated Feb. maty 5. 1998 to the Request for Proposals. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "B" for Brea Canyon Road Street Improvement, between Golden Springs Drive and Pathfinder Road 2. Terra of Agreement. This Contract shall take effect February 17.1998 and shall continue until full and final completion of said project described in Exhibit "A" and Exhibit 'B" for Brea Canyon Road Strect Improvement, between Gokle n Springs Drive and Pathfinder Road to the satisfaction of the Agency, unless earlier terminated pursuant to the provisions herein. 3. 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 Exhibit "B" for Brea Canyon Road Street Improvement, between Golden Springs Drive and Pathfinder Road. 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 Fifty-six thomsand one hundred twenty-three dollars (556.123.00). 4. Genexal Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses. Agency: Consultant: Terrence L. Belanger, Executive Director Norris-Repke, Inc. Redevelopment Agency of the City of Diamond Bar 600 N. Tustin Ave., #250 21660 East Copley Drive, Suite 100 Santa Anna, CA 92705-3736 Diamond Bar, California 917654177 (714) 973-2230, fax (714) 973-2263 6. Status as Independent Consultant. A. Consultant is, and shall at all times remain as to Agency, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of Agency or otherwise ad on behalf of Agency as an agent. Neither Agency nor any of its agents shall have control over the conduct of Cansukannt or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of the Agency. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indennify and hold Agency harmless from any and all taxes, assessments, penalties, and interest asserted against Agency by reason of the independent contractor relationship created by this Agreement. In the event that Agency is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between Agency and Consultant, then Consultant agrees to reimburse Agency for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall frilly comply with the workrrs' eompensatwn law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold Agency harmless from any failure of Consultant to comply with applicable worker's compensation laws. Agency shall have the right to onset against the amount of any fees due to Consultant under this Agreement any amount due to Agency from Consultant as a result of Consultant's failure to promptly pay to Agency any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification. Consultant agrees to indemnify the Redevelopment Agency of the City of Diamond Bar, its offices, agents, volunteers, employees, and attorneys against, and will hold and save them and each of them harmless from, and all actions, claims, damages to parsons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the ads, errors or omissions of Consultant, its agents, employees, subcontractors, or invitees, including each person or entity responsible for the provision of services hereunder. In the event there is more than one pecan or entity named in the Agreement as a Consultant, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. Consultant shall at all times during the tem of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the Agency (1) a policy of policies of bread-farm c=Pvhensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees. agents, and independent contractors in performance of services under this Agreement; (2) propeiy damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially cove- damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence; and (5) worke's cam incline with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. Agency, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to compreliensive gam -al liability, properly damage, and automotive liability. The policy (ies) as to comprehensive general liability, properly damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the Agency shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving Agency thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Amt; shall be issued by an insurance company which a admitted to do business in the State of California or which is approved in writing by the Agency; and shall be placed with a current A.M. Best's rating of no less that A VII. C. Consultant shall submit to Agency (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agit. Endorsements shall be executed on Agency's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the Agency has agreed in writing to accept. 10. Confidentiality. Consultant in the course of its duties may have access to confidential data of Agency, private individuals, or employees of the City of Diamond Bar. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performances of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by Agency. Agency shall grant such authorization if disclosure a required by law. All Agency data shall be reburied to Agency upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the Agency shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of Agency without restriction or limitation upon its use or dissemination by Agency. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to Agency as a result of the peribriname of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 11, 03) b4, Clltl�[ p9rly may 6n;nate"A VVCment P of savioaa o4 a od Party However, Consultor s not with or without the telnminate thu in the notice of arP t T� effwbve date of termination shad be upon fl, d VwfW the av" no dote is Veeifwd, upon the fif mAh (15th) dal, "owing of the notice. In the event of such termination, delivery A#mw-y a8rew to pay re dwolnprior to the Offective date of termination, Immediately � Consultant for servioea tcrmactafily shall dar>inue Performing services. w nonce of Nation, 14. Personnel, Consultant rus that it has, of will secure at its own expanse, all �l�d to Dorm the services under this Agt services All of the Pel be W&Rwd by Pe seavOn at or and all Personnel work shall be qualified to d�naae the assignment of its own ao�ployees to the performance of �+ltant': MUM under this � �1� Ca�nsultant to excwde Awa but Agency reserves the right, for goodd cause, to "ry a P"jft from Performing seavicee en Aq i y's pr...M. 15. Non -Discrimination and Equal Employaw ,nt Opporbu,4. national origin, A. sball� discriminate as to race, color, creed, religion, , tel', age, mental handicap. medical condition, sexual �' tarp n status � of ' sarvicoo and dation P to this or odation, in the of Agency wlatwg darn. Such Agr> ,and will comply with an ruler and regulations emnUxm,M..+ .. -.E-- .2--- . - Shall inejI but not hP 1 +-a .L_ r 19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of puformance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by Agency of any payment to Consultant constitute or be construed as a waiver by Agency of any breach of covenant, or any default W*k may then exist on the part of Consultant, and the malting of any such payment by Agency shall in no way impair or prejudice any right or remedy available to Agency with regard to such breach or default 20. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's few and costs, including costs of expert witniessm and consultants. 21. Notices. Any notices, bilk, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile Wore or during regular business hours; or (b) on the third bum= day following deposit in the United States mail, postage prepaid, to the addresses bactofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 22. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 23. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 24. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and Agency. This Agreement supersedes all prior oral or written negotiations, roprosentations or agreements. This Agreement may not be amended, nor any provision or breach hereof waved, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the Agency will only be valid if signed by the Executive Director or the Chairman and attested by the Agency Secretary. 25. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WIMREOF, the parties have executed this Agreement as of the date first written above. "Agcy" ATTEST: REDEVELOPMENT AGENCY OF THE CITY OF DIAMOND BAR By: By: Agcy Secretary Chairman Approved as to form: "CONSULTANT" Norris -Rep .Inc. By: By: General Counsel Its:. C.\Wpw\L DAKAYIAGRF.&9Mariddos.217 CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of February 17.1998 by and between the Redevelopment Agency of the City of Diamond Bar, a municipal corporation ("Agency") and Degan Lundin& Associatec_, ("Consultant"). RECITALS A. Agency desires to utilize the services of Consultant as an independent contractor to provide consulting services to Agency as set forth in Exhibit "A", the Request for Proposals dated October 10.1997, B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "B", Exhibit "C", and Exhibit "D" for the Brea Canyon Road Street Improvements, between Pathfinder Road and the southerly City limits, and Brea Canyon Cut-off Road Street Improvements, between Brea Canyon Road and the westerly City limits, the Consultant's Responses, dated November 11 1997 January 18 1998 and January 20 1998 to the Request for Proposals. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "B", Exhibit "C", and Exhibit "D" for the Brea Canyon Road Street Improvements, between Pathfinder Road and the southerly City limits, and Brea Canyon Cut-off Road Street Improvement, between Brea Canyon Road and the westerly City limits. 2. Term of Agreement. This Contract shall take effect February 17 1998 and shall continue until full and final completion of said project described in Exhibit "A", Exhibit "B", Exhibit "C" and Exhibit "D" to the satisfaction of the Agency, unless earlier terminated pursuant to the provisions herein. 3. 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 Exhibit "B", Exhibit "C", and Exhibit "D" for the Brea Canyon Road Street Improvement, between Pathfinder Road and the southerly City limits, and Brea Canyon Cut-off Road Street Improvement, between Brea Canyon Road and the westerly City limits. 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 hundred thirty six thousand eight hundred ten dollars ($136.810.00). 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses. Agency: Consultant: Terrence L. Belanger, Executive Director Dewan, Lundin & Associates Redevelopment Agency of the City of Diamond Bar 12377 Lewis St., # 101 21660 East Copley Drive, Suite 100 Garden Grove, CA 92840 Diamond Bar, California 91765-4177 (714)740-8840,fax(714)740-8842 6. Status as Independent Consultant. A. Consultant is, and shall at all times remain as to Agency, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of Agency or otherwise act on behalf of Agency as an agent. Neither Agency nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees arc in any manner agents or employees of the Agency. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold Agency harmless from any and all taxes, assessments, penalties, and interest asserted against Agency by reason of the independent contractor relationship created by this Agreement. In the event that Agency is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between Agency and Consultant, then Consultant agrees to reimburse Agency for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold Agency harmless from any failure of Consultant to comply with applicable worker's compensation laws. Agency shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to Agency from Consultant as a result of Consultant's failure to promptly pay to Agency any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification. Consultant agrees to indemnify the Redevelopment Agency of the City of Diamond Bar, its officers, agents, volunteers, employees, and attorneys against, and will hold and save them and each of them harmless from, and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the acts, errors or omissions of Consultant, its agents, employees, subcontractors, or invitees, including each person or entity responsible for the provision of services hereunder. In the event there is more than one person or entity named in the Agreement as a Consultant, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the Agency (1) a policy or policies of broad-form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence; and (5) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. Agency, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy (ies) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the Agency shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving Agency thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. I B. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement, shall be issued by an insurance company which is admitted to do business in the State of California or which is approved in writing by the Agency; and shall be placed with a current A.M. Best's rating of no less that A VII. C. Consultant shall submit to Agency (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on Agency's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the Agency has agreed in writing to accept. 10. Confidentiality. Consultant in the course of its duties may have access to confidential data of Agency, private individuals, or employees of the City of Diamond Bar. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by Agency. Agency shall grant such authorization if disclosure is required by law. All Agency data shall be returned to Agency upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the Agency shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of Agency without restriction or limitation upon its use or dissemination by Agency. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to Agency as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 13. Termination. Either party may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. However, Consultant shall not terminate this Agreement during the provision of services on a particular project. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, Agency agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but Agency reserves the right, for good cause, to require Consultant to exclude any employee from performing services on Agency's premises. 15. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of Agency relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 16. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of Agency, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 17. Performance Evaluation. For any contract in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by Agency during the review period, either orally or in writing, shall be considered. Agency shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, Agency may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 18. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by Agency of any payment to Consultant constitute or be construed as a waiver by Agency of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by Agency shall in no way impair or prejudice any right or remedy available to Agency with regard to such breach or default. 20. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 21. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 22. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 23. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 24. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and Agency. This Agreement supersedes all prior oral or written negotiations, representations or agreements, This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the Agency will only be valid if signed by the Executive Director or the Chairman and attested by the Agency Secretary. 25. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "Agency" ATTEST: REDEVELOPMENT AGENCY OF THE CITY OF DIAMOND BAR By: By: Agency Secretary Chairman Approved as to form: "CONSULTANT" Dewan, Lundin & Associates By: By: General Counsel Its: rt tic d << l C:\WP60\LINDAKAY\AGREE-98\98dlastdes.126 CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of February 17 1998 by and between the Redevelopment Agency of the City of Diamond Bar, a municipal corporation ("Agency") and Inca Engineers, Inc. , ("Consultant"). RECITALS A. Agency desires to utilize the services of Consultant as an independent contractor to provide consulting services to Agency as set forth in Exhibit "A", the Request for Proposals dated October 10, 1997. B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "B" and Exhibit "C" for Golden Springs Drive Street Improvement, between Brea Canyon Road and the westerly City limits, and Lemon Avenue Street Improvement, between Golden Springs Drive and the northerly City limit, of the Consultant's Responses, dated November 12, 1997 and January 16. 1998 to the Request for Proposals. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as forth in Exhibit "B" and Exhibit "C" for Golden Springs Drive Street Improvement, between Brea Canyon Road and the westerly City limits, and Lemon Avenue. Street Improvement, between Golden Springs Drive and the northerly City limit. 2. Term of Agreement. This Contract shall take effect February 17,1998 and shall continue until full and final completion of said project described in Exhibit "A", Exhibit "B" and Exhibit "C" for Golden Springs Drive Street Improvement, between Brea Canyon Road and the westerly City limits, and Lemon Avenue Street Improvement, between Golden Springs Drive and the northerly City limit, to the satisfaction of the Agency, unless earlier terminated pursuant to the provisions herein. 3. 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 Exhibit "B" and Exhibit "C" for Golden Springs Drive Street Improvement, between Brea Canyon Road and the westerly City limits, and Lemon Avenue Street Improvement, between Golden Springs Drive and the northerly City limit. 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 Fifty-eight thousand two hundred twenty dollars (S58.220.001 for the Golden Springs Drive project and Seventeen thousand one hundred twenty-six dollars ($17.126.001 for the Lemon Avenue project. The total amount of the contract for both projects is Seventy-five thousand three hundred forty dollars7($ 5.346.00,. 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses. Agency: Consultant: Terrence L. Belanger, Executive Director Inca Engineers, Inc. Redevelopment Agency of the City of Diamond Bar 900 Wilshire Blvd., #930 21660 East Copley Drive, Suite 100 Los Angeles, CA 90017 Diamond Bar, California 91765-4177 (213)362-0179,fax(213)362-1072 6. Status as Independent Consultant. A. Consultant is, and shall at all times remain as to Agency, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of Agency or otherwise act on behalf of Agency as an agent. Neither Agency nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of the Agency. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold Agency harmless from any and all taxes, assessments, penalties, and interest asserted against Agency by reason of the independent contractor relationship created by this Agreement. In the event that Agency is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between Agency and Consultant, then Consultant agrees to reimburse Agency for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold Agency harmless from any failure of Consultant to comply with applicable worker's compensation laws. Agency shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to Agency from Consultant as a result of Consultant's failure to promptly pay to Agency any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification. Consultant agrees to indemnify the Redevelopment Agency of the City of Diamond Bar, its officers, agents, volunteers, employees, and attorneys against, and will hold and save them and each of them harmless from, and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the acts, errors or omissions of Consultant, its agents, employees, subcontractors, or invitees, including each person or entity responsible for the provision of services hereunder. In the event there is more than one person or entity named in the Agreement as a Consultant, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the Agency (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence; and (5) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. Agency, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy (ies) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the Agency shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving Agency thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement; shall be issued by an insurance company which is admitted to do business in the State of California or which is approved in writing by the Agency; and shall be placed with a current A.M. Best's rating of no less that A VII. C. Consultant shall submit to Agency (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on Agency's appropriate standard forms entitled "Additional Insured Endorseme:it", or a substantially similar form which the Agency has agreed in writing to accept. 10. Confidentiality. Consultant in the course of its duties may have access to confidential data of Agency, private individuals, or employees of the City of Diamond Bar. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by Agency. Agency shall grant such authorization if disclosure is required by law. All Agency data shall be returned to Agency upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the Agency shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of Agency without restriction or limitation upon its use or dissemination by Agency. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant c-ovenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to Agency as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 13. Termination. Either party may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. However, Consultant shall not terminate this Agreement during the provision of services on a particular project. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, Agency agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but Agency reserves the right, for good cause, to require Consultant to exclude any employee from performing services on Agency's premises. 15. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of Agency relating thereto. Such ' nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 16. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of Agency, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 17. Performance Evaluation. For any contract in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by Agency during the review period, either orally or in writing, shall be considered. Agency shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, Agency may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 18. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by Agency of any payment to Consultant constitute or be construed as a waiver by Agency of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by Agency shall in no way impair or prejudice any right or remedy available to Agency with regard to such breach or default. 20. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 21. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 22. Governing Law. ITis Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 23. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 24. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and Agency. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the Agency will only be valid if signed by the Executive Director or the Chairman and attested by the Agency Secretary. 25. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "Agency" ATTEST: By: Agency Secretary Approved as to form: 0 General Counsel C:\W P601LINDAKAY'AGREE-98\incastdes.217 REDEVELOPMENT AGENCY OF THE CITY OF DIAMOND BAR Chairman "CONSULTANT" Inca Engineers. Inc. By: Its: ASSDCIA7 CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of February 17 1998 by and between the Redevelopment Agency of the City of Diamond Bar, a municipal corporation ("Agency") and Hall & Foreman. Inc. , ("Consultant"). RECITALS A. Agency desires to utilize the services of Consultant as an independent contractor to provide consulting services to Agency as set forth in Exhibit "A", the Request for Proposals dated (October 10, 1997, B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "B" and Exhibit "C" for the Golden Springs Drive Street Improvement, between Grand Avenue and Torito Lane, of the Consultant's Responses, dated November 12 1997 and January 19 998 to the Request for Proposals. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "B" and Exhibit "C" for the Golden Springs Drive Street Improvement, between Grand Avenue and Torito Lane. 2. Term of Agreement. This Contract shall take effect February 17.1998 and shall continue until full and final completion of said project described in Exhibit "A", Exhibit "B", B , and Exhibit C to the satisfaction of the Agency, unless earlier terminated pursuant to the provisions herein. 3. 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 Exhibit "B" and Exhibit "C" for the Golden Springs Drive Street Improvement, between Grand Avenue and Torito Lane. 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 twenty-eight thousand eight hundred and forty dollars 28 8 0 00 . 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses. Consultant: Agency: Terrence L. Belanger, Executive Director Hall & Foreman, Inc. Redevelopment Agency of the City of Diamond Bar 203 N. Golden Circle Drive, #300 21660 East Copley Drive, Suite 100 Santa Ana, CA 92705-4010 Diamond Bar, California 91765-4177 (714)664-0570,fax(714)664-0596 6. Status as Independent Consultant. A. Consultant is, and shall at all times remain as to Agency, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of Agency or otherwise act on behalf of Agency as an agent. Neither Agency nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of the Agency. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and held Agency harmless from any and all taxes, assessments, penalties, and interest asserted against Agency by reason of the independent contractor relationship created by this Agreement. In the event that Agency is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between Agency and Consultant, then Consultant agrees to reimburse Agency for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold Agency harmless from any failure of Consultant to comply with applicable worker's compensation laws. Agency shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to Agency from Consultant as a result of Consultant's :ailure to promptly pay to Agency any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification. Consultant agrees to indemnify the Redevelopment Agency of the City of Diamond Bar, its officers, agents, volunteers, employees, and attorneys against, and will hold and save them and each of them harmless from, and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the acts, errors or omissions of Consultant, its agents, employees, subcontractors, or invitees, including each person or entity responsible for the provision of services hereunder. In the event there is more than one person or entity named in the Agreement as a Consultant, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an in company admitted to do business in California and approved by the Agency (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent acts of ConsiAtant, in an amount of not less than $1,000,000 per occurrence; and (5) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. Agency, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The .policy (ies) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the Agency shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving Agency thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement; shall be issued by an insurance company which is admitted to do business in the State of California or which is approved in writing by the Agency; and shall be placed with a current A.M. Best's rating of no less that A VII. C. Consultant shall submit to Agency (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum i isurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on Agency's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the Agency has agreed in writing to accept. 10. Confidentiality. Corsultant in the course of its duties may have access to confidential data of Agency, private individuals, or employees of the City of Diamond Bar. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by Agency. Agency shall grant such authorization if disclosure is required by law. All Agency data shall be returned to Agency upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the Agency shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of Agency without restriction or limitation upon its use or dissemination by Agency. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to Agency as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 13. Termination. Either party may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. However, Consultant shall not terminate this Agreement during the provision of services on a particular project. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, Agency agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but Agency reserves the right, for good cause, to require Consultant to exclude any employee from performing services on Agency's premises. 15. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of Agency relating thereto. Such ,Nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 16. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of Agency, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 17. Performance Evaluation. For any contract in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by Agency during the review period, either orally or in writing, shall be considered. Agency shall meet with Consultant prior to preparing the written report If any noncompliance with the Agreement is found, Agency may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 18. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by Agency of any payment to Consultant constitute or be construed as a waiver by Agency of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by Agency shall in no way impair or prejudice any right or remedy available to Agency with regard to such breach or default. 20. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 21. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 22. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 23. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 24. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and Agency. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the Agency will only be valid if signed by the Executive Director or the Chairman and attested by the Agency Secretary. 25. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "Agency" ATTEST: REDEVELOPMENT AGENCY OF THE CITY OF DIAMOND BAR By: By: Agency Secretary Chairman Approved as to form: "CONSULTANT" Hall & Foreman,rI`nnc.. By: By: P B "Ww' General Counsel Its: I W-W� "r ramw� C:\WP60\LINDAKAY\AGREE-98\li&Fstdes. 126. v . DIAMOND BAR REDEVELOPMENT AGENCY INTEROFFICE MEMORANDUM TO: Honorable Chairman and Redevelopment Agency Members VIA: Terrence L. Belanger, Executive DireqEW 'A FROM: Linda G. Magnuson�Asst. Finance Director RE: Fiscal Year 1997-98 Mid -Year Budget Amendment DATE: February 17, 1998 RECOMMENDATION: It is recommended that the Redevelopment Agency approve the mid -year amendment of the Fiscal Year 1997-98 Budget. DISCUSSION:. The currently approved FY97-98 Redevelopment Agency Budget currently has appropriations in the amount of $59,750. This mid -year amendment proposes an increase of $418,620 in appropriations for a total of $477,870. Of this amount, $328,120 is being allocated to fund engineering design services for several road improvements projects which are included within the Diamond Bar Economic Revitalization Project area. There is also $65,000 which is being reserved for the allocation of redevelopment agency related personnel costs to the Agency. The balance of $25,500 is being allocated to several other budgetary line items. DIAMOND BAR REDEVELOPMENT AGENCY MID YEAR BUDGET AMENDMENT FIS* TYPE: CRA FUNCTt4N: Iedevelopmeint, 1997-98 FU -046.(f02 FUND DESCRIPTION: Pursuant to the California Health and Safety Code Section 33000, the City of Diamond Bar established the Diamond Bar Redevelopment Agency on April 2, 1996. Redevelopment is the primary tool used by cities in California to revitalize neighborhoods & business districts. As in many cities, the purpose of the Diamond Bar Redevelopment Agency is to provide a mechanism for economic development activities. 1997-98 Budget Amended Adj Budget Amendment Budget Description ESTIMATED RESOURCES: 59,750 90,500 150,250 Adv &Reimb #7 3650 Loan Proceeds -Admin 328,120 328,120 Adv &Reimb #P1 3651 Loan Proceeds-CIP TOTAL $59,750 $418,620 $478,370 APPROPRIATIONS: 1,500 2100 Photocopying 1,500 2,500 2110 Printing 2,500 8,000 5,000 13,000 Town Hall Mtg Ads 2115 Advertising 0 500 500 CRA Mbrshp 2315 Membership and Dues 1,500 500 2,000 Flyer Distribution 2120 Postage 250 250 2320 Publications 500 500 2325 2330 Meetings Travel-Conf & Mtgs 1,500 1,500 2340 Education & Training 500 12,500 3,000 500 15,500 Budget Refinemnt 4000 Professional Services 0 1,500 1,500 Audit Contract 4010 Prof Svcs -Auditing 20,000 15,000 35,000 Budget Refinement 4020 Legal Services 11,000 11,000 O'Rourke Contract 5222 6411 Cont Svcs - Traffic Capital Projects - Road Imp 0 328,120 328,120 CIP Design Svcs Reserve for Admin Exp * 65,000 65,000 Personnel Alloc TOTAL $59,750 $418,620 $478,370 * Reserve for Allocated Personnel Costs Next Resolution No. 98 - Next Ordinance No. (1998) STUDY SESSION - 4:00 p.m. CC -3-5 a. Development Code F -x3 r.C,,I,- 1. CLOSED SESSION: C' 2. CALL TO ORDER: 6:30 p.m., February 17, 1998 PLEDGE OF ALLEGIANCE: Mayor INVOCATION: ROLL CALL: Council Members Ansari, Huff, O'Connor, Mayor Pro Tem Chang, Mayor Herrera APPROVAL OF AGENDA: Mayor 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 4. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is voluntary). There is a five minute maximum time limit when addressing the City Council, 5. SCHEDULE OF FUTURE EVENTS: 5.1 PLANNING COMMISSION - February 24, 1998 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.2 PARKS & RECREATION COMMISSION - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.3 CITY COUNCIL MEETING - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: 6.1 APPROVAL OF MINUTES - Regular Meeting of February 3, 1998 - Approve as submitted. Requested by: City Clerk FEBRUARY 17, 1998 PAGE 2 6.2 TRAFFIC & TRANSPORTATION COMMISSION MINUTES: Requested by: Public Works Division 6.3 VOUCHER REGISTER - Approve Voucher Register dated February 17, 1998 in the amount of Requested by: City Manager 6-4 NOTICE OF COMPLETION - Pathfinder Rd./Brea Canyon Rd. - Recommended Action: Requested by: Public Works Division 6.5 AWARD OF CONTRACT FOR ADA DESIGNER - Heritage and Ronald Reagan Parks - Recommended Action: /Requested by: Community Services Division adP,t, PUBLIC HEARIN 7:00 ' p.m..',' or as soon hereafter as matters can be heard. 8. OLD BgSINESS: ;�, 8.,,1, INLAND VALLEY COP CORP. (IVCC)- Recommended Action: Requested by: City Manager 8.� SURPLUS CITY PROPERTY - Recommended Action: Requested by: City Manager; f 9. NEW BYSINESS• 4-1 �� �� r' ,. RECESS TO REDEVELOPMENT AGENCY MEETING Next Resolution No. 98-01 1. CALL TO ORDER: Chairman Huff ROLL CALL: Agency Members Chang, Herrera, O'Connor, VC/Ansari, C/Huff a 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 FEBRUARY 17, 1998 PAGE 3 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 Sneaker's Card and give it to the Agency Secretary (comFlet ion of this form is voluntary There is a five minute maximum time limit when addressing the Redevelopment Agency. 3. CONSENT CALENDAR: 3.1 APPROVAL OF MINUTES - Regular Meeting of February 3, 1998 - Approve as submitted. Requested by: Agency Secretary 3.2 VOUCHER REGISTER - Approve Voucher Register dated February 17, 1998 in the amount of Requested by: Executive Director 3.2 AWARD OF CONTRACTSFOR DESIGN SERVICES - (_,� Recommended Action: Requested by: Executive Director am* AWARD OF CONTRACT FOR FORMAL DESIGN SERVICES FOR SLURRY ,� �.�► SEAL AREA I ANIRA SUNSET CROSSING WEST OF STATE ROUTE 57 - Recommended Action: Requested by: Executive Director 4. PUBLIC HEARINGS: 5. OLD BUSINESS - „rat_,, G 3 6. NEW BUSINESS: 7. AGENCY MEMBER COMMENTS: Items raised by individual Agency Members are for Agency discussion. Direction may be given at this meeting or the item may be scheduled for action at a future meeting. AGENCY ADJOURNMENT: RECONVENE CITY COUNCIL MEETING: 10. COUNCIL SUB -COMMITTEE REPORTS: 11. COUNCIL MEMBER COMMENTS: Items raised by individual Council Members are for City Council discussion. Direction may be given at this meeting or the item may be scheduled for action at a future meeting. FEBRUARY 17, 1998 PAGE 4 12. ADJOURNMENT: Next Resolution No. 98-1 Next Ordinance No. 02(1 19 STUDY SESSION - 4:00 p.m. CC -3&5 a. Development Code b. Diamond Bar Ranch Festival C. Council Goals & Objective 1. CLOSED SESSION: 2. CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL: APPROVAL OF AGENDA: None 6:30 p.m., February 17, 1998 Mayor i7 s �zj '` Pastor Gordon Lee, River of Life Community Church Council Members Ansari, Huff, O'Connor, Mayor Pro Tem Chang, Mayor Herrera Mayor 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 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 ----1 ef-e - 1 - r4 --A -.-A iI-- n.: a... nl --I- WIMP :t _ :: :T� :�a�TTNF�iL•i7�T��s 5. SCHEDULE OF FUTURE EVENTS: 5.1 PLANNING COMMISSION - February 24, 1998 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.2 PARKS & RECREATION COMMISSION - February 26, 1998 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.3 CITY COUNCIL MEETING - March 3, 1998 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.4 PLANNING COMMISSION - March 10, 1998 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. FEBRUARY 17, 1998 PAGE 2 5.5 SOLID WASTE TASK FORCE - March 11, 1998 - 6:30 p.m., AQMD Rooms CC -3 & 5, 21865 E. Copley Dr. 5.6 OFF-SITE PARKING - March 11, 1998 - 6:30 p.m., AQMD Room CC -2, 21865 E. Copley Dr. 5.7 TRAFFIC & TRANSPORTATION COMMISSION - March 12, 1998 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 6. CONSENT CALENDAR: 6.1 APPROVAL OF MINUTES - Regular Meeting of February 3, 1998 - Approve as submitted. Requested by: City Clerk 6.2 TRAFFIC & TRANSPORTATION COMMISSION MINUTES: 6.2.1 School Study Public Workshop #2 of October 2, 1997 - Receive and File. 6.2.2 Regular Meeting of October 9, 1997 - Receive and File. 6.2.3 Regular Meeting of November 13, 1997 - Receive and File. 6.2.4 Brea Canyon Rd. Streetscape Improvement Project Workshop - November 20, 1997 - Receive and File. Requested by: Public Works Division 6.3 PLANNING COMMISSION MINUTES - Regular Meeting of January 13, 1998 - Receive and File. Requested by: Planning Division 6.4 VOUCHER REGISTER - Approve Voucher Register dated February 17, 1998 in the amount of $222,086.62. Requested by: City Manager 6.5 AWARD OF PROFESSIONAL SERVICES AGREEMENT FOR DESIGN OF AMERICANS WITH DISABILITIES ACT (ADA) RETRO -FIT OF HERITAGE AND RONALD REAGAN PARKS - The Americans with Disabilities Act of 1990 (ADA) mandates that public parks be accessible to the handicapped. The City has a program for retro -fitting City parks to meet this federal mandate, and has thus far completed two park retro -fit projects. In order to complete its next two retro -fit projects, Heritage and Ronald Reagan parks, the City requires a design consultant. A request for proposals (RFP) has been released and eight firms responded with proposals. The three most qualified firms were FEBRUARY 17, 1998 PAGE 3 interviewed and staff is recommending an award of contract to David Evans & Associates. Recommended Action: It is recommended that the City Council award a contract for design of plans and specifications for the ADA Retro -fit of Heritage and Ronald Reagan parks to David Evans & Associates in an amount not to exceed $38,770, plus a contingency of $2,000 for a total of $40,770. Requested by: Community Services Division 6.6 AWARD OF DESIGN SERVICES On October 10, 1997, the proposals for design improvement projects - Seal Area 1 Project. On were received. Staff services contract to the FOR AREA 1 SLURRY SEAL PROJECT - Public Works Division solicited services for various street Z these, the 1997-98 Slurry November 12, 1997, 14 proposals purposes to award the design most qualified consultant. Recommended Action: It is recommended that the City Council award the 1997-98 Slurry Seal Area 1 Project design services contract to GFB-Friedrich & Associates, in an amount not to exceed $21,626. Furthermore, it is recommended that the City Council authorize an amount of $2,200 for contract amendment(s) to be approved by the City Manager, for a total authorization of $23,826. Requested by: Public Works Division 6.7 CONSULTING SERVICES AGREEMENT WITH AUSTIN-FOUST ASSOCIATES, INC., FOR FACILITATION OF THE CITY OF DIAMOND BAR OFF-STREET PARKING TASK FORCE- e City Cou cil wishes to examine the off-site (on-st et) parking ssue in an open atmosphere that incorpo es the opini ns and ! insights of residents and busin ses alike. T address this community issue, Counc' has determin that it needs to establish a term- ' ited Task Forc that shall be composed of represent Ives from seve 1 sectors of the Community. To ide the Task F rce, the City requires an experi ced facilitator/ ecial technical consultant. The ity desires to tain Austin -Foust i Associates, Inc for this assign nt because the firm [ has considerab e To experi ce in facilitation of �\ local issues their ability to rk with staff, and their involvemen with related tra is/parking studies. Recommended Action: It is recommended that the City Council (a) transfer $16,500 from unappropriated General Fund Balance to the appropriated Traffic and Transportation Contract Services account, (b) approve and authorize the Mayor to execute the Consulting Services Agreement with Austin -Foust Associates, Inc., in an amount not -to -exceed $15,000 and provide for an amount of $1,500 for additional work to be approved by the City FEBRUARY 17, 1998 PAGE 4 Manager for a total authorization amount of $16,500. Requested by: Public Works Division 6.8 RESOLUTION NO. 98 -XX: A JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF LOS ANGELES COUNTY ACTING ON BEHALF OF LOS ANGELES COUNTY GENERAL FUND, LOS ANGELES COUNTY LIBRARY, LOS ANGELES COUNTY FLOOD CONTROL, LOS ANGELES COUNTY FIRE - FFW THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 21 OF LOS ANGELES COUNTY, AND THE GOVERNING BODIES OF CITY OF DIAMOND BAR, GREATER LOS ANGELES VECTOR. CONTROL DISTRICT, THREE VALLEYS MUNICIPAL WATER DISTRICT APPROVING AND ACCEPTING NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUES RESULTING FROM ANNEXATION TO COUNTY SANITATION DISTRICT NO. 21 - Prior to the effective date of "Annexation No. 66211, which relates to the annexation of Diamond Ranch High School to County Sanitation District No. 21, affected agencies must approve and accept the negotiated exchange of property tax revenue. Due to the property being owned by the School District, the property is not assessed property taxes. The County Sanitation District requires the tax sharing resolutions in case the property is sold or ownership transferred. Property tax revenues would not be exchanged or shared as long as Pomona Unified School District owns the property. Recommended Action: It is recommended that the City Council adopt Resolution No. 98 -XX which transfers a portion of the annual tax increment attributable to Diamond Ranch High School from the City to L.A. County Sanitation District No. 21. Requested by: City Manager 6.9 EXTENSION OF WEST COAST ARBORISTS CONTRACT - The City has a contract with West Coast Arborists to perform street tree maintenance duties. Due to the large demand for service this fiscal year, it is necessary to increase the contract amount to continue offering responsive street tree maintenance. this fiscal year. The current contract is for $45,000. Staff is seeking an increase in this amount of $10,000, raising the total authorized contract amount to $55,000. There are already funds budgeted in the 1997/98 FY budget for this increase. Recommended Action: It is recommended that the City Council authorize additional street tree maintenance work to be performed by West Coast Arborists for the 1997/98 FY, in a total amount not to exceed $55,000. Requested by: Community Services Division 7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as matters can be heard. None FEBRUARY 17, 1998 8. OLD BUSINESS: None 9. NEW BUSINESS: PAGE 5 9.1 REORGANIZATION OF CITY ORGANIZATIONAL STRUCTURE AND ALLOCATION OF STAFF RESOURCES - The ever increasing emphasis on economic development planning and programs, as well as redevelopment programs and projects creates the need to reorganize the City's organizational structure and reallocate City and Agency resources. Recommended Action: It is recommended that the City Council approve the reorganization plan as outlined within the report; authorize the City Manager to implement the required documents and to accomplish said reorganization including necessary changes in budget and personnel. Requested by: City Manager 9.2 APPOINTMENT OF COMMISSIONERS TO THE PLANNING, PARKS AND RECREATION AND TRAFFIC AND TRANSPORTATION COMMISSIONS Requested by: City Council 9.3 RESOLUTION NO. 98 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING ADVANCE AND REIMBURSEMENT AGREEMENT NUMBER 7 WITH THE DIAMOND BAR REDEVELOPMENT AGENCY - Since April, 1996, the City has V� provided personnel resources to the Redevelopment Agency. % As the activities of the Agency expand, it is now the City's desire to allocate appropriate personnel costs to the Agency, the cost of which is anticipated to be approximately $65,000 through the end of FY97-98. Recommended Action: It is Council adopt Resolution No. N 9.4 Reimbursement Agreement o. Redevelopment Agency in the Requested by: City Manager recommended that the City 98 -XX approving Advance and 7 with the Diamond Bar amount of $110,500. 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 - The Redevelopment Agency adopted its Economic Revitalization Area Plan in July 1997. One of the major tenets of the plan is to improve the area's infrastructure. The Agency is now ready to commence some of the improvements by awarding engineering design contracts. Costs related to the contracts is anticipated to be $328,120. Recommended Action: It is recommended that the City FEBRUARY 17, 1998 PAGE 6 Council adopt Resolution No. 98 -XX authorizing payment by the Agency for part of the cost of installation and constructionmprovements by way of Advance and Reimbursement Agreement No. Pi in the amount of $328,120. Requested by: City Manager RECESS TO REDEVELOPMENT AGENCY MEETING Next Resolution No. 98-02 1. CALL TO ORDER: Chairman Huff ROLL CALL: Agency Members Chang, Herrera, O'Connor, VC/Ansari, C/Huff 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 Speaker's Card and give It to the Agency Secretary (coma etion of this form ,s voluntary). There is a five minute maximum time lim; w en a r Redevelopment Agency, 3. CONSENT CALENDAR: 3.1 APPROVAL OF MINUTES - Regular Meeting of February 3, 1998 - Approve as submitted. Requested by: Agency Secretary 3.2 RESOLUTION NO. R98 -XX: A RESOLUTION OF THE DIAMOND BAR REDEVELOPMENT AGENCY APPROVING ADVANCE AND REIMBURSEMENT AGREEMENT NUMBER 7 WITH THE CITY OF DIAMOND BAR - Since April, 1996, the City has provided personnel resources to the Redevelopment Agency. As the activities of the Agency expand, it is now the City's desire to the allocate costate appropriate personnel costs to the Agency, Of which is anticipated to be approximately $65,000 through the end of FY97-98. llllJ Recommended Action: It is recommended that the Redevelopment Agency adopt Resolution eement . R98 -XX approving Advance and Reimbursement g with the City of Diamond Bar in the amount of $110,500. Requested by: Executive Director 3.3 RESOLUTION NO. R98 -XX: A RESOLUTION OF THE DIAMOND BAR REDEVELOPMENT AGENCY AUTHORIZING PAYMENT BY THE AGENCY FEBRUARY 17, 1998 PAGE 7 FOR PART OF THE COST OF THE INSTALLATION AND CONSTRUCTION OF STREET IMPROVEMENTS - The Agency adopted the Economic Revitalization Area Plan in July 1997. One of the major tenets of this plan is improvement of the area's infrastructure. The Agency is now ready to commence some of these improvements by awarding engineering design contracts for the improvements outlined in Agenda Item 3.4 below. Recommended Action: It is recommended that the Redevelopment Agency adopt Resolution No. R98 -XX authorizing payment. by the Agency for part of the cost of installation and construction of street improvements by way of Advance and Reimbursement Agreement No. P1 in the amount of $318,120. Requested by: Executive Director 3.4 AWARD OF ENGINEERING DESIGN SERVICES FOR VARIOUS STREET IMPROVEMENT PROJECTS - On October 10, 1997, the Public Works Division solicited proposals for design services of public street improvements on 1) Brea Canyon Rd. between Golden Spgs. Dr. and Pathfinder Rd.; 2) Brea Canyon Rd. between Pathfinder Rd. and the southerly City Limits and Brea Canyon Cut -Off Rd. between D.B. Blvd. and the westerly City Limits; 3) Golden Spgs. Dr. between Brea Canyon Rd. and the westerly City Limits and Lemon Ave. between Golden Spgs. Dr. and the northerly City Limits; and 4) Golden Spgs. Dr. between Grand Ave. and Torito Ln. On November 12, 1997, 27 proposals were received. Staff proposes to award the design services contract to the most qualified consultants. Recommended Action: It is recommended that the Redevelopment Agency award engineering design services contracts for 1) Brea Canyon Rd. between Golden Spgs. Dr. and Pathfinder Rd. to Norris-Repke, Inc. ($56,123; contingency $6000); 2) Brea Canyon Rd. between Pathfinder Rd. and the southerly City Limits and Brea Canyon Cut -Off Rd. between D.B. Blvd. and the westerly City Limits to Dewan, Lundin & Associates ($136,810; contingency $14,000); 3) Golden Spgs. Dr. between Brea Canyon Rd. and the westerly City Limits and Lemon Ave. between Golden Spgs. Dr. and the northerly City Limits to INCA Engineers ($75,346; contingency $8000); and 4) Golden Spgs. Dr. between Grand Ave. and Torito Ln. to Hall & Foreman Inc. ($28,840: contingency $3000). These projects represent a total amount not -to -exceed $297,119 and a total contingency of $31,000 for contract amendment(s) to be approved by the Executive Director, for a total authorization amount of $328,119. Requested by: Executive Director 4. PUBLIC HEARINGS: FEBRUARY 17, 1998 PAGE 8 5. OLD BUSINESS: 5.1 BUDGET MODIFICATION - The currently approved FY97-98 Redevelopment Budget has appropriations in the amount of $59,750. The proposed amendment suggests an increase of $418,620 in appropriations, for a total of $477,870. Of this amount, $328,120 is being allocated to fund engineering design services for several road improvement projects which are included in the Economic Revitalization Project Area. $65,000 is being reserved for allocation of redevelopment agency -related personnel costs to the Agency. The balance of $25,500 is being allocated to several other budgetary line items. he Recommended Action: it rlthe recommendeadjustments toathetFY Redevelopment Agency appove 1997-98 Budget. Requested by: Executive Director 6. NEW BUSINESS: 7. AGENCY MEMBER COMMENTS: Items raised by individual Agency Members for rgytc Direction may be given a thmeet ng othe iemmay be scheduledfor action at s future meeting. AGENCY ADJOURNMENT: RECONVENE CITY COUNCIL MEETING: 10. COUNCIL SUB -COMMITTEE REPORTS: 11. COUNCIL MEMBER COMMENTS: Items raised by individual Council Members are for City 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 INTEROFFICE MEMORANDUM TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City ManagejI t RE: Reorganization DATE: February 17, 1998 The ever increasing emphasis on economic development planning and programs, as well as, redevelopment programs and projects creates the need to reorganize the organization structure and to reallocate City and Agency resources. In July, 1997, the City reorganized its organizational structure by creating two major functional departments: Community and Development Services and Administrative Services. These two Deputy City Manager positions were created to manage these functional departments (see attached organizational chart). The management of Diamond Bar Redevelopment Agency remained under the direction of the Executive Director (City Manager). To better address the increased emphasis on redevelopment and economic development, planning, programs, and projects, it is necessary to make changes to the City's organizational structure. A Communications and Marketing Division would be created, with the current Community Relations Manager being promoted to Director of Communications and Marketing. A new position, Communications and Marketing Coordinator would be created to increase the internal and external communications capacity of the organization, including the areas of public information, public relations, media relations, marketing, and other related communications activities. A portion of this functional division's time and resources will be allocated to the Redevelopment Agency. The MIS Technician will also be directed and managed by the Director of Communications and Marketing. The Communications and Marketing Division will be under the direct supervision of the City Manager/Executive Director. The reorganization and the allocation of time and resources to the DBRDA, as proposed, would result in a net savings of approximately $54,600 for FY97-98 and an annual net of $49,200 to the City. The new position of Communications and Marketing Coordinator would cost $17,400, through FY97-98 and $69,600 annually. The Planning Technician position has recently become vacant, as a result, this position will not be filled through the balance of FY97-98. This represents a savings of $19,150. There are also several adjustments to salaries proposed for existing and proposed positions: Director of Communications and Marketing ($64,629), Administrative Assistant ($42,347) , Deputy City Clerk ($38,042), and Code Enforcement Officer ($36,858). The net cost through FY98, would be $12,120. The annualized cost impact would be $36,360. REORGANIZATION FEBRUARY 17, 1998 PAGE TWO The reorganization of functional activities is designed to address, in part the increased emphasis of redevelopment programs and projects. Consequently, the reallocation of City time and resources to the DBRDA is proposed: City Manager/Executive Director (30%/$18,100), Deputy City Manager/Community and Development Services (20%/$9,500), Deputy Public Works Director (401/o/$13,820), Assistant Finance Director (200/o/$7,660), Director of Communications and Marketing (30%/$10,200), Communications and Marketing Coordinator (20%/$5,700), and other personnel as utilized. These stated percentages are estimates. The actual allocations to DBRDA will be based on actual time and resources utilized for RDA activities. Both the City and DBRDA budget adjustments reflect these proposed charges. RECOMMENDATION: It is recommended that the City Council approve the reorganization plan as outlined within this report. Authorize the City Manager to implement the required documents to accomplish said reorganization including necessary changes in budget and personnel. City of Diamond Bar Organization Chart City Council CityRedevelopment Manager Agency Deputy City Manager City I Attorney Deputy City Manager Building & Community Engineering Communications City Finance & Marketing Clerk Safety Services g Inspection* Lndscp/Lighting Inspection* Economic Dev' Risk Mgmt* Plan Check* District Maint L Plan Check* Mgmt Info Sys Parks Maint Media Relations Recreation Public Education Senior Services Public Information Public Relations PublicPersonnel Public Planning Works Safety Advanced Capital Improvement Projects Animal Control* Current Street Maintenance* Emergency Code Enforcement Traffic Signal Maintenance* Preparedness Economic Dev' Los Angeles * = Contract Services County Fire* • = Shared Responsibility Los Angeles County Sheriff*