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HomeMy WebLinkAbout3/3/1998cit'19 cicou�a AGENDA Tuesday, March 3,1998 4:00 p.m. Study Session CC -2 6:3 0 p.m. Regular Meeting South Coast Air Quality Management District Auditorium 21865 EastCopley Drive Diamond Bar, 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 Rem 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 Rem 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 Rem 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. 98-15 Next Ordinance No. 02(1998) STUDY SESSION 4:00 p.m. CC 2 a. Goals & Objectives b. Economic Revitalization Area Planning 1. CLOSED SESSIONS Conference with Legal Counsel - Existing Litigation (Subdivision (a) of Section 54956.9) Harmony vs. City of Diamond Bar. 2. CALL TO ORDER: 6:30 p.m., March 3, 1998 PLEDGE OF ALLEGIANCE: Mayor INVOCATION: Pastor Jerry Perches, Calvary Chapel of Diamond Bar ROLL CALL: Council Members Ansari, Huff, O'Connor, Mayor Pro Tem Chang, Mayor Herrera APPROVAL OF AGENDA: Mayor 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Proclaiming March 16-21 as "Poison Prevention Week." 3.2 Proclaiming March as*"American Red Cross Month." 3.3 Administration of Oaths of Office for Commissioners for Planning, Traffic & Transportation and Parks & Recreation Commissions. 3.4 Presentation of City Tiles - to outgoing Commissioners for Planning, Traffic & Transportation and Parks & Recreation Commissions. 3.5 Presentation of Certificate of Recognition to Brian Roche, San Diego Charger tight end, 187. 3.6 Presentation of Certificates of Recognition to the Mt. San Antonio College Football Team and Coaches, 1997 National Champions. 3.7 Presentation by Bob Rose, Community Services Director, regarding the 9th Anniversary Celebration. BUSINESS OF THE MONTH: MARCH 3, 1998 PAGE 2 3.8 Presentation of City Tile to Aljibani Halal Market. 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 PARKS MASTER PLAN - March 5, 1998 - 6:30 p.m., AQMD CC - 3 & 5 21865 E. Copley Dr. 5.2 PLANNING COMMISSION - March 10, 1998- 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.3 OFF-SITE PARKING TASK FORCE '- March 11, 1998 - 6:30 p.m., AQMD CC -2, 21865 E. Copley Dr. 5.4 SOLID WASTE TASK FORCE - March 11, 1998 - 6:30 p.m., AQMD Rooms CC -3 & 5, 21865 E. Copley Dr. 5.5 TRAFFIC & TRANSPORTATION COMMISSION - March 12, 1998 - 7:00 p.m., AQMD BOARD HEARING ROOM, 21865 E. Copley Dr. 5.6 CITY COUNCIL MEETING - March 17, 1998 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: 6•.1 APPROVAL OF MINUTES: 6.1.1 Development Code Study Session 11 of January 6, 1998. 6.1.2 Development Code Study Session 12 of January 20, 1998 6.1.3 Development Code Study Session 03 of February 3, 1998 6.1.4 Development Code Study Session 04 of February 17, 1998 6.1.5 Regular Meeting of February 17, 1998 - Approve as submitted. Requested by: City Clerk MARCH 3, 1998 PAGE 3 6.2 VOUCHER REGISTER - Approve Voucher Register dated March 3, 1998 in the amount of $871,353.37. Requested by: City Manager 6.3 TREASURER'S STATEMENT - Submitted for City Council review and approval is the Treasurer's Statement for January, 1998. Requested by: City Manager 6.4 DENIAL OF CLAIM FOR DAMAGES - Filed by Alvin Otto February 11, 1998. Recommended Action: It is recommended that the City Council deny the Claim for Damages filed and refer the matter for further action to Carl Warren & Co., the City's Risk Manager Requested by: City Clerk 6.5 REDUCTION AND EXONERATION OF SUBDIVISION IMPROVEMENT BONDS FOR TRACT 51169 (UNIONWIDE) - The Principal, Unionwide, requests reduction and exoneration of their surety bond posted for Tract 51169 located in the "Country." The Principal has performed improvements as required in their Subdivision Agreement and asks that the security amounts be exonerated and/or reduced commensurate with progress of work for these various improvements. Recommended Action: It is recommended that the City Council approve: a) exoneration of Bond No. 4158625 - Monuments - in the amount of $4,500; b) reduction of Bond No. 415859S - Sewer/Storm Drain/Street - from $280,750 to $70,187.50; c) reduction of Bond No. 415858S - Grading - from $330,608 to $82,652; d) reduction of Bond No. 415861S - Landscaping - from $180,000 to $90,000; and e) direct the City Clerk to notify the Principal and Surety of these actions. Requested by: Public Works Division 6.6 (a) AWARD OF CONTRACT FOR CONSTRUCTION OF ENVIRONMENTAL ENHANCEMENT MITIGATION (E.E.M.) TREE PLANTING PROJECT - Council authorized advertising for bids for construction of the E.E.M. Tree Planting Project. Bids were received from four contractors, which were opened and publicly read on February 24, 1998 and ranged from $171,461 to $259,091.60. The lowest responsible bidder is Terra -Cal Construction, Inc. Construction is being funded with a state E.E.M. Grant, which specifies that 421 trees will be planted and an irrigation system will be installed for this project. MARCH 3, 1998 PAGE 4 Recommended Action: It is recommended that the City Council award a contract for construction of the Environmental Enhancement and Mitigation Tree Planting Project to Terra -Cal Construction, Inc. in the amount of $171,461, plus a contingency of $10,000 (5.8$). (b) AWARD OF PROFESSIONAL SERVICES AGREEMENT FOR INSPECTION SERVICES FOR ENVIRONMENTAL ENHANCEMENT AND MITIGATION (E.E.M.) TREE PLANTING PROJECT - The City released a Request for Proposals (R.F.P.), which was mailed 9 construction inspection firms, to obtain an inspector for the E.E.M. Tree Planting Project. Two proposals were received in response to the R.F.P. Staff reviewed the proposals and interviewed the only qualified firm which is D & J Engineering. Recommended Action: It is recommended that the City Council award a contract for inspection services for the E.E.M. Tree Planting project to D & J Engineering in an amount not to exceed $13,800 Plus contingency amount of $1,000 for a total authorization of $14,800. Requested by: Community Services Division 6.7 EXTENSION OF ASSESSMENT ENGINEERING SERVICES CONTRACT WITH GFB-FRIEDRICH - The City has an annual program for maintenance of public improvements and intends to continue said program by special assessments upon lands within the City's Landscaping Assessment District Numbers 38, 39 and 41. Funds must be provided to enable these Districts to continue operation and maintenance. Furthermore, to accomplish the work it is necessary to extend services with GFB-Friedrich and Associates, Inc. for annual assessment engineering services. Recommended Action: It is recommended that the. City Council approve Amendment No. 1 for professional engineering services with GFB-Friedrich in amounts not to exceed $11,200, $9,250 and $9,250 respectively for FY 98- 99, 99-2000, and 2000-2001, for a total amendment amount of $29,700 plus a contingency amount of $3,000. Public Works Division 6.8 RESOLUTION NO. 96-53E: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR SETTING FORTH PERSONNEL RULES AND REGULATIONS REGARDING THE PAYMENT OF SALARIES, SICK LEAVE, VACATIONS, LEAVES OF ABSENCES, AND OTHER REGULATIONS - On February 27, 1998, Council approved reorganization of the City's organizational structure and created a Communications and Marketing Division, with a Communications and Marketing Director and a new position MARCH 3, 1998 7. 8. PAGE 5 of Communications and Marketing Coordinator. In addition, adjustments to salaries were made for Administrative Assistants, the Deputy City Clerk and the Code Enforcement Officer. The proposed Resolution implements the reorganization and salary adjustments as well as defining the new positions as management team members. Recommended Action: It is recommended that the City Council adopt Resolution No. 96-53E setting forth Personnel Rules and Regulations regarding the payment of salaries, sick leave, vacations, leaves of absences and other regulations. Requested by: City Manager 6.9 RESOLUTION NO. 98 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ACCEPTING A GRANTING OF CERTAIN REAL PROPERTY HEREIN DESCRIBED FOR PUBLIC PURPOSES - A Grant of Real Property for Public Road Purposes was provided by the Walnut Valley Unified School District (WVUSD) to the City in the form of a Quitclaim Deed. This future street, Diamond Point Lane, is located off Brea Canyon Rd., south of tracts 32400/52228/52203/ 52204. This street will be the secondary access to the gated tracts (primary access is shown as Sapphire Lane) and will also be used as a school bus route for drop off and pick up to South Pointe Middle School. The legal documents and been reviewed and approved. Recommended Action: It is recommended that the City Council accept the Quitclaim Deed and adopt Resolution No. 98 -XX directing the City Clerk to sign the Certification of Acceptance and record the document. Requested by: Public Works Division PUBLIC HEARINGSs 7:00 p.m., or as soon hereafter as matters can be heard. None OLD. BUSINESS: 8.1 CONSIDERATION OF CONTINUED FINANCIAL SUPPORT OF DIAMOND BAR RANCH FESTIVAL - Recommended Action: Direct staff as necessary Requested by: City Council 8.2 APPOINTMENT OF COMMISSIONERS TO THE PARKS & RECREATION, PLANNING AND TRAFFIC & TRANSPORTATION COMMISSIONS BY COUNCIL MEMBER ANSARI - Requested by: C/Ansari MARCH 3, 1998 PAGE 6 9. NEW BUSINESS: None RECESS TO REDEVELOPMENT AGENCY MEETING Next Resolution No. R98-04 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 Sneaker o a '..a ,.; ..A 4a. 46- &,-- 3. L_ 3. CONSENT CALENDAR: 3.1 APPROVAL OF MINUTES - Regular Meeting of March 3, 1998 - Approve as submitted. Requested by: Agency Secretary 4. PUBLIC HEARINGS: None 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. AGENCY MEMBER COMMENTS: Items raised by individual Agency Members are for Agency discussion. Direction may be given at this meeting or the item may be scheduled for action at a future meeting. AGENCY ADJOURNMENT: RECONVENE CITY COUNCIL MEETING: 10. COUNCIL SUB -COMMITTEE REPORTS: 11. COUNCIL MEMBER COMMENTS: Items raised by individual Council Members are for Council discussion. Direction may be given at this meeting or the item may be scheduled for action at a future meeting. 12. ADJOURNMENT: TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS TME CITY COUNCIL CITYCLERK DATE: �,i— 3— ���� S PHONE:�f .ems 7" -- AGENDA #/SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK / FROM: Ly 7)C DATE: ADDRESS: PHONE: ORGANIZATION: /y AGENDA #/SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: � C�� DATE: ADDRESS: PHONE: ORGANIZATION: �'C�✓� 1� 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 FXVOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: CITY CLERK 119 � C�2�r DATE• PHONE: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature CITY OF DIAMOND BAR NOTICE OF PUBLIC FETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF DIAMOND BAR ) The Diamond Bar City Council will hold a Study Session at 4:00 p.m., in CC -2 and a Regular Meeting in the AQMD Auditorium, located at 21865 E. Copley Drive, Diamond Bar, California at 6:30 p.m. on March 3, 1998. I, LYNDA BURGESS declare as follows: I am the City Clerk in the City of Diamond Bar; that a copy of the agenda for the Study Session and Regular Meeting of the Diamond Bar City Council, to be held on March 3, 1998 was posted at their proper locations. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this Notice and Affidavit was executed this 27th day of February, 1998, at Diamond Bar, California. /s/ Lynda Burgess Lynda Burgess, City Clerk City of Diamond Bar CITY OF DIAMOND BAR NOTICE OF PUBLIC MEETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF DIAMOND BAR ) The Diamond Bar City Council will hold a Study Session at 4:00 p.m., in CC -2 and a Regular Meeting in the AQMD Auditorium, located at 21865 E. Copley Drive, Diamond Bar, California at 6:30 p.m. on March 3, 1998. I, LYNDA BURGESS declare as follows: I am the City Clerk in the City of Diamond Bar; that a copy of the agenda for the Study Session and Regular Meeting of the Diamond Bar City Council, to be held on March 3, 1998 was posted at their proper locations. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this Notice and Affidavit was executed this 27th day of February, 1998, at Diamond Bar, California. /s/ Lynda Burgess Lynda Burgess, City Clerk City of Diamond Bar February 17, 1998 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 (©BS): (909) 860-5463 Mohammed Aljibani Aljibani Halal Market 23385 Golden Springs Drive Diamond Bar, CA 91765 Dear Mr. Aljibani: First, let me express appreciation for the contribution Aljibani Halal Market has made to the City of Diamond Bar and its local economy. All too often we only hear the negatives, but it is a pleasure to acknowledge your firm as a positive, productive business servicing the community. Further, the Diamond Bar City Council would like to formally recognize Aljibani Halal Market at the City Council meeting Tuesday, March 3, 1998. The meetinu will be held at 6:30 p.m., at the Air Quality Management District (AQMD) auditorium, 21865 E. Copley Drive, Diamond Bar. Please contact my secretary, Carol Herrera Nancy Whitehouse, 9091396-5666, to confirm your availability. Mayor Wen Chang I look forward to seeing you on March 31 Mayor Pro Tem Sincerely, Eileen R. Ansari Council Member 4w"— Robert S. Huff Council Member Carol Herrera Mayor Deborah H. O'Connor Council Member CH:nw cc: City Council �lerk Reryded paper CITY OF DIAMOND BAR "QUICK CAP" MINUTES REGULAR MEETING OF MARCH 3, 1998 STUDY SESSION 4:00 p.m. a. Goals & Objectives b. Economic Revitalization Area Planning ADJOURNMENT: 5:50 P.M. 1. CLOSED SESSION: 5:50 p.m. - Conference with Legal Counsel - Existing Litigation (Subdivision (a) of Section 54956.9) - Harmony vs. City of Diamond Bar. CA/Jenkins reported that Council directed that the firm of Rutan & Tucker be retained to defend the City in this matter. 2. CALL TO ORDER: 6:50 p.m. PLEDGE OF ALLEGIANCE: Ronald Hockwalt, Superintendent of Schools, Walnut Valley Unified School District. INVOCATION: Pastor Jerry Perches, Calvary Chapel of Diamond Bar ROLL CALL: Council Members Ansari, Huff, O'Connor, Mayor Pro Tem Chang, Mayor Herrera Also present were: Terrence L. Belanger, City Manager; Michael Jenkins, City Attorney; James DeStefano, Deputy City Manager; David Liu, Deputy Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Assistant Finance Director and Lynda Burgess, City Clerk. APPROVAL OF AGENDA: Council consensus to move Item 8.2 forward to this point in the meeting. Motion by C/Huff, seconded by C/Ansari to add Item 6.10 to consider increase in the Purchase Order for Graphics United for printing of the City's Spring Newsletter. Motion carried 5-0 by Roll Call vote. 8.2 APPOINTMENT OF COMMISSIONERS TO THE PARKS & RECREATION, PLANNING AND TRAFFIC & TRANSPORTATION COMMISSIONS BY COUNCIL MEMBER ANSARI - C/Ansari nominated Annette Finnerty to the Parks & Recreation Commission; Jack Istik to the Traffic & Transportation Commission and Steve Nelson to the Planning Commission. Seconded by C/O'Connor. Motion carried 5-0 by Roll Call vote. 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Proclaimed March 16-21 as "Poison Prevention Week" - accepted by Ella Abrishami, L.A. County Health Department. 3.2 Proclaimed March as "American Red Cross Month" - accepted by Ronald Hockwalt on behalf of the Red Cross. MARCH 3, 199.8 PAGE 2 3.3 Administered Oaths of Office for Commissioners for Planning, Traffic & Transportation and Parks & Recreation Commissions. 3.4 Presented City Tiles outgoing Commissioners for Planning, Traffic & Transportation and Parks & Recreation Commissions. 3.5 Presented Certificate of Recognition to Brian Roche, San Diego Charger tight end, #87. 3.6 Presented Certificates of Recognition to the Mt. San Antonio College Football Team and Coaches, 1997 National Champions. 3.7 Presentation by Bob Rose, Community Services Director, regarding the 9th Anniversary Celebration - announced the events to take place during the celebration on April 19, 1998, 12 noon to 5 p.m. BUSINESS OF THE MONTH: 3.8 Presented City Tile to Aljibani Halal Market. 4. PUBLIC COI24ENTS: Clyde Hennessee - Pointed out that he withdrew as a member of the Off -Site Parking Task Force and is not an alternate. Jack Tanaka, D.B. Breakfast Lion's Clubs - "Drums for Sight" fundraiser to be held at D.B.H.S. on Thom Pruitt, Pop Warner Football - Thanked Council and staff for assistance and support toward his organization. S. SCHEDULE OF FUTURE EVENTS: 5.1 PARKS MASTER PLAN - March 5, 1998 - 6:30 p.m., AQMD CC - 3 & 5 21865 E. Copley Dr. 5.2 PLANNING COMMISSION - March 10, 1998- 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.3 OFF-SITE PARKING TASK FORCE March 11, 1998 - 6:30 p.m., AQMD CC -2, 21865 E. Copley Dr. 5.4 SOLID WASTE TASK FORCE - March 11, 1998 - 6:30 p.m., AQMD Rooms CC -3 & 5, 21865 E. Copley Dr. 5.5 TRAFFIC & TRANSPORTATION COMMISSION - March 12, 1998 - 7:00 p.m., AQMD BOARD HEARING ROOM, 21865 E. Copley Dr. 5.6 CITY COUNCIL MEETING - March 17, 1998 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: Moved by MPT/Chang, seconded by C/Huff to approve the Consent Calendar. Motion carried 5-0 by Roll Call vote (C/Ansari abstained from approval on 6.1.4 and 6.1.5). 6.1 APPROVED MINUTES: 6.1.1 Development Code Study Session #1 of January MnRru -�. 1998 PAGE 3 6, 1998 - as submitted. 6.1.2 Development Code Study Session #2 of January 20, 1998 - as submitted 6.1.3 Development Code Study Session #3 of February 3, 1998 - as submitted Session #4 of February 6.1.4 Development Code Study 17, 1998 - as submitted. (C/Ansari abstained) 6.1.5 Regular Meeting of February 17, 1998 as submitted. (C/Ansari abstained) 6.2 APPROVED VOUCHER REGISTER - dated March 3, 1998 in the amount of $871,353.37. 6.3 REVIEWED AND APPROVED TREASURER'S STATEMENT - for January, 1998. 6.4 DENIED CLAIM FOR DAMAGES - Filed by Alvin Otto February 11, 1998 and referred the matter Risk r fur cher action to Carl Warren & Co., the City 6.5 REDUCED AND EXONERATED SUBDIVISION IMPRatedOVEMENT Bond No. OND FOR TRACT 51169 (UNIONWIDE) ) reduced Bond - Monuments - in the amount of $4,500; b) No. 4158595 - Sewer/Storm Drain/Street - from $280,750 to $70,187.50; c) reduced Bond No. 415858S - Grading $330,608 to $82,652; d) reduced Bond No. 4158615 - Landscaping - from $180,000 to $90,000; and e) directed the City Clerk to notify the Principal and Surety of these actions. 6.6 (a) AWARDED CONTRACT FOR CONSTRUCTION OF ENVIRONMENTAL ENHANCEMENT MITIGATION (E.E.M.) TREE PLANTING PROJECT - to Terra -Cal Construction, Inc. in the amount of $171,461, plus a contingency of $10,000 (5.8%). (b) AWARD OF PROFESSIONAL SERVICES AGREEMENT FOR INSPECTION SERVICES FOR ENVIRONMENTAL ENHANCEMENT AND MITIGATION (E.E.M.) TREE PLANTING PROJECT - to D & J Engineering in an amount not to exceed $13,800 plus contingency amount of $1,000 for a total authorization of $14,800. 6.7 EXTENDED ASSESSMENT ENGINEERING SERVICES C professional CT WITH GFB-FRIEDRICH - Amendment No. 1 engineering services in amounts not.to exceed $11,200, $9,250 and $9,250 respectively for FY 98-99, 99-2000, and 2000-2001, for a total amendment amount of $29,700 plus a contingency amount of $3,000. CITY 6.8 ADOPTED RESOLUTION ON CITY 9 of 3 DIAMOND RESOLUTION BAR SETr INGHE FORTH COUNCIL OF MARCH 3, 1998 PAGE 4 PERSONNEL RULES AND REGULATIONS REGARDING THE PAYMENT OF SALARIES, SICK LEAVE, VACATIONS, LEAVES OF ABSENCES, AND OTHER REGULATIONS. 6.9 ADOPTED RESOLUTION NO. 98-15: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ACCEPTING A GRANTING OF CERTAIN REAL PROPERTY HEREIN DESCRIBED FOR PUBLIC PURPOSES - directing the City Clerk to sign the Certificate of Acceptance and record the document. 6.10 CONSIDERATION OF INCREASE IN PURCHASE ORDER AMOUNT FOR GRAPHICS UNITED FOR THE CITY'S SPRING NEWSLETTER - approved increase not to exceed $15,000. 7. PUBLIC HEARINGS: 7:00 p.m., or as soon hereafter as matters can be heard. None 8. OLD BUSINESS: 8.1 CONSIDERATION OF CONTINUED FINANCIAL SUPPORT OF DIAMOND BAR RANCH FESTIVAL - Continued to April 7, 1998. 9. NEW BUSINESS: None RECESS TO REDEVELOPMENT AGENCY MEETING - 8:55 p.m. 1. CALL TO ORDER: Chairman Huff ROLL CALL: Agency Members Chang, Herrera, O'Connor, VC/Ansari, C/Huff Also present were: Terrence L. Belanger, Executive Director; Michael Jenkins, Agency Attorney; James DeStefano, Deputy City Manager; David Liu, Deputy Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Assistant Finance Director and Lynda Burgess, Agency Secretary. 2. PUBLIC COMMENTS: None 3. CONSENT CALENDAR: Moved by AM/Herrera, seconded by VC/Ansari to approve the Consent Calendar. Motion carried 4-1 (VC/Ansari abstained from approval of 3.1) by Roll Call vote. 3.1 APPROVED MINUTES - Regular Meeting of February 17, 1998 - as submitted. (AM/Ansari abstained). 4. PUBLIC HEARINGS: None 5. OLD BUSINESS: None 6. NEW BUSINESS: None MARCH 3, 1998 PAGE 5 7. AGENCY MEMBER COMMENTS: None AGENCY ADJOUPI MNT: 8:58 P.M. RECONVENE CITY COUNCIL METING: 8:58 P.M. 10. COUNCIL SUB -COMMITTEE REPORTS: 11. COUNCIL MEMBER COMMENTS: 12. 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Vermont Avenue, Los Angeles, CA 90020 Telephone (213) 738-2209 January 5, 1998 Carol Herrera Diamond Bar 21660 Copley Dr. Diamond Bar, Ca 91765 Dear Carol Herrera: This year will mark the 37th observance of National Poison Prevention Week, March 16-21, 1998. Special emphasis this year will highlight the silent epidemic of lead poisoning in children. I am requesting that your city proclaim the week of March 16-21, 1998, POISON PREVENTION WEEK To that end, we have enclosed a suggested proclamation. Please have your office contact us to confirm the date when the proclamation should be received at (213) 738-2809. If you have questions please call me at (213) 738-2209. Thank you for your support and your city's tradition of partnership with the Los Angeles County Department of Health Services. Sincerely, - Cynthia Harding Director Attachment PROCLAMATION Poison Prevention Week March 15 - 21, 1998 Whereas childhood lead poisoning is a silent, but very harmful environmental illness that affects one out of every 20 children under the age of six years in the County of Los Angeles, California; and, Whereas, lead is a potent neurotoxin that can cause delayed development, learning disabilities, cognitive and behavior disorders, hypertension and - at very high levels - organ damage and death; and, Whereas, children who are under the age of six years and who live in pre -1960 housing are considered to be at high risk for lead poisoning; and, Whereas, lead poisoning can be prevented by removing lead hazards from a child's environment, and by educating the public about lead poisoning prevention. NOW, THEREFORE, of the City of week of March 16-21, 1998 as "Poison Prevention Week" in , Mayor do hereby proclaim the which coincides with the nationally celebrated 37th annual Poison Prevention Week. I call upon all residents of to observe this important event by educating their families and promoting ways to prevent childhood lead poisoning, by identifying local lead hazards and eliminating them, and by ensuring that all children under the age of six years who are at risk for lead poisoning receive a blood lead test. COUNTY OF LOS ANGELES t DEPARTMENT OF HEALTH SERVICES Ap WON PUBLIC HEALTH PROGRAMS AND SERVICES Lead Programs Childhood Lead Poisoning Prevention Program 510 S. Vermont Avenue, Los Angeles, CA 90020 Telephone (213) 738-2209 January 5, 1998 Carol Herrera Diamond Bar 21660 Copley Dr. Diamond Bar, Ca 91765 Dear Carol Herrera: This year will mark the 37th observance of National Poison Prevention Week, March 16-21, 1998. Special emphasis this year will highlight the silent epidemic of lead poisoning in children. I am requesting that your city proclaim the week of March 16-21, 1998, POISON PREVENTION WEEK To that end, we have enclosed a suggested proclamation. Please have your office contact us to confirm the date when the proclamation should be received at (213) 738-2809. If you have questions please call me at (213) 738-2209. Thank you for your support and your city's tradition of partnership with the Los Angeles County Department of Health Services. Sincerely, vrtl Cynthia Harding Director Attachment c:Terrance Belanger PROCLAMATION Poison Prevention Week March 15 - 21, 1998 Whereas childhood lead poisoning is a silent, but very harmful environmental illness that affects one out of every 20 children under the age of six years in the County of Los Angeles, California; and, Whereas, lead is a potent neurotoxin that can cause delayed development, learning disabilities, cognitive and behavior disorders, hypertension and - at very high levels - organ damage and death; and, Whereas, children who are under the age of six years and who live in pre -1960 housing are considered to be at high risk for lead poisoning; and, Whereas, lead poisoning can be prevented by removing lead hazards from a child's environment, and by educating the public about lead poisoning prevention. NOW, THEREFORE, of the City of week of March 16-21, 1998 as "Poison Prevention Week" in , Mayor do hereby proclaim the which coincides with the nationally celebrated 37th annual Poison Prevention Week. I call upon all residents of to observe this important event by educating their families and promoting ways to prevent childhood lead poisoning, by identifying local lead hazards and eliminating them, and by ensuring that all children under the age of six years who are at risk for lead poisoning receive a blood lead test. AMERICAN RED CROSS MONTH MARCH, 1998 WHEREAS, the American Red Cross has evolved over the past century into a movement which serves the public in peace and war and in recovery from countless disasters; and WHEREAS, volunteers make it possible for the Red Cross to provided emergency assistance to disaster victims, to respond to the emergency needs of armed forces personnel, their families, dependents and veterans, and to collect and provide blood for the ill and injured; and WHEREAS, the American Red Cross is a leader in health and safety training, certifying thousands of individuals in health and safety classes; and WHEREAS, the American Red Cross belong s to all of us and its spirit of service and compassion for all people depends on our public support, community involvement, and a renewed commitment to preparedness through the donation of our time, skills and money and; WHEREAS, March 1998 is American Red Cross Month and the Pomona Valley Chapter will be conducting its annual "Help Can't Wait" Community Support Campaign, let us take the time to recognize this vital organization and do all we can to further its goals of preventing, preparing for and responding to emergencies and; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY PROCLAIM THE MONTH OF MARCH, 1998 AS "AMERICAN RED CROSS MONTH" and we urge all residents to donate their time and their resources to support Red Cross activities. Dated: March 3, 1998 Mayor Lynda Burgess, City Clerk City of Diamond Bar American Red Cross To Carol Herrera Mayor, City of Di T Bar Lem From LeSaka wto Chapter Chairman � Dare 2/5/98 Pomona Valley Chapter 675 North Park Avenue P.O. Box 559 Pomona, California 91769-0559 (909)622-1348 FAX (909) 629-4176 SubjeaMarch is Red Cross Month Every year, the month of March is recognized as "Redd Cross Month" and at this time, the President of the United States who is the Honorary Chairman of the American Red Cross, issues a proclamation urging all Americans to show support for Red Cross Chapters and their goals of preventing, preparing for and responding to emergencies. This year has been a year of unusual number of natural and man-made disasters, testing the ability of Red Cross to respond quickly and effectively. We have net the challenge but financially this effort has depleted our funds. To provide funds for local emergency services, Parona Valley Chapter is holding their 1998 "Help Can't Wait" CcImunity Support Campaign in conjunction with the National Red Cross Campaign. We would appreciate your recognition of "Red Cross Month" wiW'a proclamation if you would find this action appropriate. 2 am enclosing at s`' -wording- of a proclamation for your convenience. We will be happy to send a Chapter representative to accept the proclamation at one of your March City Council meetings. Please let us know which date is most convenient. Thank you for your continuing support. Serving Diamond Bar, La Verne, Pomona, San Dimas, and Walnut Since 1917 Partners In Fundralsing co -,i n C A PROCLAMATION OF THE COUNCIL OF THE CITY OF , COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, PROCLAIMING THE MONTH OF MARCH 1998 AS "AMERICAN RED CROSS MONTH" IN THE CITY OF WHEREAS, the American Red Cross has evolved over the past century into a movement which serves the public in peace and war and in recovery from countless disasters; and WHEREAS, volunteers make it possible for the Red Cross to provide emergency assistance to disaster victims, to respond to the emergency needs of armed forces personnel, their families, dependents and veterans, and to collect and provide blood for the ill and injured; and WHEREAS, the American Red Cross is a leader in health and safety training, certifying thousands of individuals in health and safety classes; and WHEREAS, the American Red Cross belongs to all of us and its spirit of service and compassion for all people depends on our public support, community involvement, and a renewed commitment to preparedness through the donation of our time, skills and money and; WHEREAS, March 1998 is American Red Cross Month and the Pomona Valley Chapter will be conducting its annual "Help Can't Wait" Community. Support Campaign, let us take the time to recognize this vital organization and do all we can to further its goals of preventing, preparing for and responding to emergencies and; NOW THEREFORE, WE THE CITY COUNCIL, DO HEREBY PROCLAIM THE MONTH OF MARCH 1998 AS "AMERICAN RED CROSS MONTH" and we urge all residents of to donate their time and their resources to support Red Cross activities. Dated this day of 1998. The City of Mayor Council Member Council Member CITY OF DIAMOND BAR DEVELOPMENT CODE STUDY SESSION #1 JANUARY 6, 1998 CALL TO ORDER: Mayor Herrera called the meeting to order at 4:12 p.m. in the SCAQMD, Room CC -8, 21865 Copley Drive, Diamond Bar, California. Present: Council Members Huff, O'Connor, Mayor Pro Tem Chang and Mayor Herrera. Council Member Ansari was absent. Also present were: Terrence L. Belanger, City Manager; Amanda Susskind, Assistant City Attorney; James DeStefano, Deputy City Manager; Frank Usher, Deputy City Manager; Catherine Johnson, Senior Planner; Kellee Fritzal, Assistant to City Manager; Lynda Burgess, City Clerk; Ron Pflugrath, Paul Crawford and Bruce Jacobsen, Urban Design Studio Consulting Team. 2. OVERVIEW OF DEVELOPMENT CODE PROJECT. DCM/DeStefano explained that the City inherited the L.A. County Planning, Zoning and Subdivision Code. It is apparent that the City requires its own code under which the community can operate and continue to develop and the development code is the most significant tool for land use development and control. The City began the process of developing a code in June, 1996 with a request for proposal to engage a consulting team. The consulting team was employed in the Spring of 1997. The Planning Commission began its formal review and public hearing process in August, 1997 and completed its work in December, 1997, forwarding a recommended Draft Development Code document to Council for review and approval. Ron Pflugrath explained that although he, Paul Crawford and Bruce Jacobsen are employed by different firms, they have worked together under the umbrella company of Urban Design Studio on about 40 development code projects for California cities over the past 8 years. The document before Council has been prepared specifically for D.B.'s needs. It is written in general terms and is intended to be user friendly with the incorporation of graphs and charts. He indicated that the Council should ask itself if the document minimizes legal terms, is user friendly, streamlines the development process, is it unique to Diamond Bar, does it include all necessary details, and is it a process that people can get through easily when you want them to get through it easily and difficult enough when you don't want them to get through it too easily. Paul Crawford presented an overview of what a development code is within the framework of California law and its applicability to the community's daily use. The Development Code consists of the principles of basic planning tools: The City's General Plan, Zoning and Subdivision Ordinances, Capitol Improvement Programs and Specific Plans. Today's presentation involves the Zoning Regulations component of a development code. These are the principal means by which the City's General Plan is implemented on a day-to-day basis. The Development Code combines Zoning, Subdivision Regulations and Design Guidelines so that users need not refer to multiple resources to determine what the City expects of them. CITY COUNCIL JANUARY 6, 1998 PAGE 2 STUDY SESSION Mr. Pflugrath referred the Council to the Development Code's Table of Contents and explained the components of the document. Mr. Pflugrath responded to C/O'Connor that the services list is unique to each city and incorporates uses general to most cities. Mr. Crawford explained that the services list was developed by looking at the existing zoning ordinance, talking with staff about which uses that are allowed under the Los Angeles County rules might be appropriate or not appropriate for Diamond Bar. C/O'Connor asked if the Council could be provided a list of acronyms to use while reviewing the document. Mr. Pflugrath continued explained the document's components. He pointed out that Pages IV -3 and 4 of Article IV includes a list of the review authority and appeal body for various types of permits. Bruce Jacobsen pointed out that when the Planning Director is identified as the review authority, no public hearing is required unless the matter is appealed to the Planning Commission or City Council. When the hearing officer is listed as the review authority, a public hearing is required. Mr. Pflugrath indicated that Article V includes language stipulating duties of the various City bodies, deals with procedural matters and includes non -conforming uses of structures and parcels. DCM/DeStefano referred the Council to a memorandum containing the outline for the review process. He pointed out that the City's Planning Division will require 30 days from the time the Council determines it is prepared to go forward with the public hearing process to conform to legal advertising timelines, etc. Staff proposes that following City Council study sessions, the Development Code public hearing process begin on March 17, 1998 and offered various options for meeting times in order to complete the process. The Council held a discussion regarding proposed public hearing dates of March 17, April 7, 21 and May 5, 1998. 3. CITY HALL/CIVIC CENTER SHORT TERM NEEDS AND LONG TERM NEEDS. CM/Belanger stated that the City Offices currently occupy approximately 7,025 square feet in Suites 100 and 190. The short term goal is to maintain adequate space in the present location for the next three to four years. He outlined various alternatives and related costs for acquiring additional space in the current City Hall location. i,I 1 T 1,,V U1Vl�IL JANUARY 6, 1998 PAGE 3 STUDY SESSION Following a discussion of the various alternatives, MPT/Chang recommended that staff pursue Alternative #2 to lease Suites 100, 150 and 190; abandoned Suite 100, and abandoned the Community Service Center and relocate the recreation staff to the current City Hall location. 4. ADJOURNMENT: There being no further business to conduct, Mayor Herrera adjourned the study session at 6:25 p.m. to the regular City Council meeting. LYNDA BURGESS, City Clerk ATTEST: Mayor CITY OF DIAMOND BAR DEVELOPMENT CODE STUDY SESSION #2 ' JANUARY 20, 1998 CALL TO ORDER: Mayor Herrera called the meeting to order at 5:11 p.m., in the South Coast air Quality Management District Hearing Board Room CC -2, 21865 Copley Drive, Diamond Bar, California. Present: Council Members Ansari, Huff, O'Connor, Mayor Pro Tem Chang and Mayor Herrera. Also Present were: City Manager Terrence L. Belanger; Assistant City Attorney Amanda Susskind, Deputy City Manager James DeStefano, Deputy City Manager Frank Usher; Assistant to the City Manager Kellee Fritzal, Senior Planner Catherine Johnson, City Clerk Lynda Burgess and Ron Pflugrath, Paul Crawford and Bruce Jacobsen, Urban Design Studio Consulting Team. 2. PRESENTATION OF DEVELOPMENT CODE ARTICLES I, II, VI. Paul Crawford explained that Article I contains the operational rules and provisions which are applicable to the entire code. Article II - Zoning Districts and Allowable Land Uses, establishes the city's zoning districts, the permitted uses for residential, commercia, institutional and industrial uses, provides general development regulations, general permit requirements, and general development regulations. Article VI - Definitions, contains the definitions of terms that are used throughout the Development Code. ARTICLE 1, PURPOSE AND APPLICABILITY OF DEVELOPMENT CODE. Mr. Crawford stated the purpose of the Development Code is to implement the policies of the City's General Plan. This is done by classifying and regulating the uses of land and structures within the City. Article I describes how this purpose is fulfilled by the Code. The Development Code is applied to all land, structures, subdivisions, and development within the City. Article I describes how the provisions of the Code are applied to property within the City and describes the general requirements for approval of new development and land uses in the City. Permitting requirements for specific land uses are established in subsequent Articles. Article I provides caution that even though the Development Code is comprehensive, there may be other rules that apply. It also introduces the administration responsibilities which are dealt with in detail later in the document. Mr. Crawford responded to C/O'Connor that the Development Code applies to future development. A later chapter discusses legally established non -conforming uses that exist prior to the adoption of the Development Code. CITY COUNCIL JANUARY 20, 1998 PAGE 2 STUDY SESSION #2 Responding to C/O'Connor, Mr. Crawford explained that the Municipal Code is divided into topical categories. Each category is called a Title. Title XXII is the current Los Angeles County Zoning Ordinance. Title XXI is the Subdivision Ordinance. CM/Belanger indicated to C/O'Connor that he will provide her with a copy of the Municipal Code. He stated that the adoption of the Development and Subdivision Codes create the totality of the City's development and subdivision policy under which the City will henceforth operate. Simultaneously, the Los Angeles County policies under which the City has been operating since incorporation will be repealed. Coincidentally, the Planning and Zoning Code of Los Angeles County is also Title XXII. The codes currently under consideration are a compilation of the Los Angeles County code, other communities and specific codes based upon the uniqueness of the City of Diamond Bar. Adoption of the Development Code and Subdivision Code is a much more intensive process and subject specific process than the Municipal Code. ARTICLE II - ZONING DISTRICTS AND ALLOWABLE LAND USES. Mr. Crawford stated Article II is a critical part of the Development Code. it establishes the zoning districts throughout the City, provides general permit requirements for land uses and activities, establishes the permitted uses for all zoning districts and provides regulations for the development of new and expanded structures. Article II includes the most extensive use of tables of any Article in the Code. These tables consolidate pertinent information regarding permitted uses, development standards and permit requirements. The permits are land use permits and do not authorize the actual construction on a given property. In some cases, in order to develop property a Conditional Use Permit required by the Development Code and a Building Permit which deals with specific construction issues. Chapter 22.04 deals with the interpretation of Development Code provisions. The procedure assigns the responsibility for interpretation to the Director with the opportunity for appeal to the Planning Commission, The Director may also forward an interpretation to the Planning Commission. The Commission's decision shall be final. Mr. Crawford indicated to C/Huff that some communities provide for an appeal of the Planning Commission's decision to the City Council. Responding to C/O'Connor, CM/Belanger stated that CC&R's are agreements between private property owners to do or not do certain things in relationship to their properties. Each property owner has an expectation that all other property owners that are covered by those CC&R's (Conditions, Covenants and Restrictions) will abide by those CC&R's. In general, a process exists for seeking exceptions to the written CC&R's. Typically, cities are not a party to CC&R's. The City maintains authority over all properties, regardless of whether they are covered by CC&R's. CITY COUNCIL JANUARY 20, 1998 PAGE 3 STUDY SESSION #2 In response to C/Ansari, CM/Belanger stated that if no Homeowners Association or enforcement body exists, aggrieved property owners may bring action against the property owner who fails to comply with the CC&R's. Mr. Crawford continued stating that Chapter 22.06 identifies zoning districts that are established by the Development Code, adopts the zoning map and makes some general statements about how the City deals with the administration of the zoning district regulations. An important component of this chapter is the zoning consistency makers which will serve to relate and tie the Development Code to the existing zoning classifications until the City's Zoning Act can be updated and properties rezoned. DCM/DeStefano stated the City's current Los Angeles County zoning pallet consists of approximately 35 zoning districts. A City such as Diamond Bar should not have more than 15 to 20 zoning districts. The 1994-1995 General Plan adopted Land Use classifications and policies that tended to reflect what was already built in residential areas. One of the key provisions of the General Plan is to adopt a new Development Code and rezone the City to implement the General Plan. For example, the eight to 10 current residential zones will be included in one category titled "Low Density Residential (RL)". The Planning Commission has recommended adoption of this Zoning Consistency Matrix in lieu of the forthcoming zone changes that will be studied over the next several months. DCM/DeStefano responded to C/O'Connor that proposed zone changes may be more restrictive in terms of development standards and presented several examples. Mr. Crawford continued with Chapter 22.08 which includes regulations for the six Residential Zoning Districts. As an example, he referred the Council to Table 2-3 on Pages 11-10 and 11-11 and pointed out that home occupations are also subject to standards in Section 22.42.070. Section 22.08.040 provides the site layout or building envelope standards for development within residential districts. Mr. Crawford indicated that Chapter 22.10 deals with Commercial/ Industrial Zoning Districts which is organized in the same manner as the Residential Zoning Districts chapter. Chapter 22.12 establishes the Special Purpose Zoning Districts such as Agricultural District, Open Space/Conservation District, Recreation District and Specific Plan District as well as, the allowable land uses and permit requirements. DCM/DeStefano pointed out that there are currently no Specific Plans in the City of Diamond Bar as defined by State Law. The closest area is the Gateway Corporate Center which is a large defined area that has its own set of development CITY COUNCIL JANUARY 20, 1998 PAGE 4 STUDY SESSION #2 criteria planned via a specific ordinance which outlines building size, shape, location, parking, signs, netscaping, land uses, etc. Responding to C/O'Connor, Mr. Crawford presented the following example of an Overlay Zoning District. If an individual wished to establish a business park and had a vision of the development that was inconsistent with the City's requirements, and if there was general agreement that the project was exemplary and had merits for the City, Diamond Bar could use the overlay for such a project through a rezoning process. CM/Belanger pointed out that the Gateway Corporate Center was an overlay to the Los Angeles County Code. Ron Pflugrath stated that in the case of an historic area, an overlay zone could be used to implement special design guidelines or approve a project to a higher review level such as a historical review committee. DCM/DeStefano pointed out that the townhomes and residential units adjacent to Ronald Reagan Park is one example of a Planned Development Overlay. ARTICLE VI - DEVELOPMENT CODE DEFINITIONS. Mr. Crawford stated Article VI contains Development Code Definitions which define the technical terms and definitions used in the Development Code. This chapter is not intended to replicate a standard dictionary. Responding to C/Ansari, Mr. Pflugrath stated tattoo parlors and such businesses are found under Personal Services at the bottom of Page VI -36. Body piercing services are generally provided by tattoo parlors 3. ADJOURNMENT: There being no further business to conduct, Mayor Herrera adjourned the study session at 6:25 p.m. to the regular City Council meeting. ATTEST: Mayor LYNDA BURGESS, City Clerk CITY OF DIAMOND BAR 44�, 4,� \ DEVELOPMENT CODE STUDY SESSION #3 FEBRUARY 3, 1998 ' CALL TO ORDER: Mayor Herrera called the meeting to order at 4:00 p.m., in the SCAQMD Hearing Board Room CC -2, 21865 Copley Drive, Diamond Bar, California. Present: Council Members Ansari, Huff, O'Connor, Mayor Pro Tem Chang and Mayor Herrera. Also present were: City Manager Terrence L. Belanger; Assistant City Attorney Amanda Susskind; Deputy City Manager James DeStefano, Deputy City Manager Frank Usher; Assistant to the City Manager Kellee Fritzal, Senior Planner Catherine Johnson; City Clerk Lynda Burgess and Ron Pflugrath, Paul Crawford and Bruce Jacobsen, Urban Design Studio Consulting Team. 2. PRESENTATION OF DEVELOPMENT CODE ARTICLES IV and V. ARTICLE IV: Bruce Jacobsen explained that Article IV covers all of the permits and procedures for filing and seeking application approval. Article V is the administrative portion of the code that deals with the procedures that address public hearings and noticing provisions, penal provisions, revocation provisions and enforcement provisions. He further explained the Threshold Review Chart on Page IV -3 which is designed to clarify the City's review process. C/Ansari stated her concerns about a lot line adjustment that was approved without the Council's knowledge and how that can be avoided in the future. DCM/DeStefano responded that the proposed policy is consistent with the City's current policy that lot line adjustment decisions are made by staff. The review process for lot line adjustment is contained within the Subdivision Ordinance and the decision for future policies will be made by the Council. CM/Belanger indicated to C/Ansari that the original request for lot line adjustment with respect to Lots 1 and 61 was denied. Mr. Jacobsen continued stating that the format of Chapter 48 on Page IV -11, The Development Review Process, has been redesigned to make it more understandable. There are two levels of development review: Planning Commission and Administrative Development Review conducted by the Hearing Officer. The items on Page 12 specify the various types of review that fall into these two categories. The chapter concludes with a list of review items and findings for granting approval. Further, he stated that Chapter 50, Temporary Use Permits beginning on Page IV -17 describes uses that do not require temporary use permits. CITY COUNCIL FEBRUARY 3, 1998 PAGE 2 STUDY SESSION Page IV -18 spells out examples of uses that could approved through the temporary use permit process for a time -certain generally not exceeding one year. Mr. Jacobsen confirmed to C/Ansari that temporary car washes for fund-raising purposes is an example of temporary permit use. CM/Belanger indicated to C/O'Connor that some rules suggested within the City's proposed Development Code made be preceded by other legislation or case law. Current federal legislation requiring control of wash water flow into storm drains, the number of permitted temporary car washes may be limited or disallowed. Mr. Jacobsen pointed out that the temporary use permit is approvable by The Director and no public notice is required. Referring to Article V, he stated that The Director is the Hearing Officer and is anyone the Planning Director appoints - himself or someone appointed by him in his absence including staff. The difference between The Director and Hearing Officer is one of legal notice provision. The Director does not take action on any permit requiring legal notice. The Hearing Officer acts on permits requiring legal notice. The actions of the Director and the Hearing Officer are appealable to the Planning Commission and to the City Council. Minor Variances that may be approved by the Director and maximum extent of adjustment are listed on Page IV -23 and 24. The following chapter deals with types of permits that require full legal notice. Mr. Jacobsen responded to C/O'Connor that some cities use a flat 10% adjustment variance and some cities go as high as 30 percent. Normally, cities provide for a variance of 20 percent. Page IV -24 and IV -25 contain the findings that the Director or Planning Commission must make to approve a variance. Variances can only modify a provision or standard. A variance does not grant a,use . Use variances are not legal. The Conditional Use Permit determines "use". Variance findings are listed on Page IV -33. He continued with Chapter 58 beginning on Page IV -35, Conditional Use Process which outlines the process for evaluation of a site-specific proposal to make certain that it is consistent and proper on the site. The Minor Use Permit and Conditional Use Permit are triggered by the "Use Charts" located in Article II. The Planning Commission reviews and approves Conditional Use Permits with appeal to the City Council. Chapter 60 beginning on Page IV -39 deals with Specific Plans and speaks to the use of a specific plan and specifies the authority government code and when a specific plan would be required to be prepared, who may initiate a specific plan, preparation and content of a specific plan, processing, and the adoption of a specific plan. This chapter also speaks to the amendment of a previously adopted specific plan, when necessary. Chapter 62 begins on Page IV -43 and deals with the process for adopting, amending or cancelling Development Agreements. Anything taking place within a development area that has an agreement must comply with the development CITY COUNCIL FEBRUARY 3, 1998 PAGE 3 STUDY SESSION agreement, as in the case of a specific plan. ARTICLE V: Mr. Jacobsen stated that Article V, beginning on Page V-3 with Chapter 64, defines the different participants in the processing and review procedures for applications. This chapter outlines the City Council's role as it relates to land use matters as described within the Development Code. Chapter 66, Permit Implementation and Time Extensions beginning on Page V-7, is an all-encompassing chapter that in most cases deals with permits that have already been granted and how they are dealt with in various stages of implementation. Mr. Jacobsen responded to CM/Belanger that the Conditional Use Permit is a discretionary action on the part of the Planning Commission and is subject to referendum action. He pointed out that the exact project may not be refiled within one year unless there is significant new information available for consideration. The Director shall determine whether the new application is for a discretionary land use permit or entitlement which is the same or substantially similar to the previously approved or disapproved permit or entitlement. The determination of the Director may be appealed to the Planning Commission. Covenants for Easement on Page V-11 is a housekeeping item when an easement is necessary to achieve the City's land use goals. Chapter 68 beginning on Page V-13 is very comprehensive which deals with all of the identifiable types of non -conformities. It defines the nonconformities and speaks to the City's as well as, the property owner's rights in terms of the continuing operation of the non -conforming activity. C/Ansari asked if this chapter addresses the matter of a property owner concreting his entire front yard and parks cars in that area. Mr. Jacobsen responded that C/Ansari's example is an illegal use. He pointed out that Chapter 68 refers to legal non -conforming uses which do not apply under the new code. C/O'Connor expressed concerns about her understanding of this Chapter. Mr. Jacobsen said that Chapter 70, beginning on Page V-21 speaks to the commitments of the City's General Plan, the City's official Zoning Map and this new Development Code. This chapter speaks to eligibility for filing, specifies the need for public hearing, specifies staff review, Planning Commission review with recommendation to the City Council, and the Council's authority to approve these changes. Chapter 72 covers public hearings and describes the nature of the hearing notice, the method for distribution, and radius to be used (small chart on Page V-26) from the subject parcel. Mr. Jacobsen responded to C/O'Connor that the State mandates a minimum of 300 feet for radius of notification. D.B. may exercise its flexibility in this matter in light CITY COUNCIL FEBRUARY 3, 1998 PAGE 4 STUDY SESSION of the City's topography. DCM/DeStefano stated that Development Code matters to be considered for change or revision are most likely discussed through the public hearing process. Mr. Jacobson continued explaining that Chapter 74 beginning on Page V-29, covers the appeal process for any matters approved by bodies other than the City Council. Responding to C/Ansari, CM/Belanger stated that costs for appeals are found in the fee schedule. DCM/DeStefano stated the City's current appeal rate is a flat fee of $500 for non- applicants. Applicants are charged for appeal processing based on the project from funds held in reserve for the project. C/Ansari asked if under any circumstances an appeal cost can be waived. DCM/DeStefano responded that under the City's current method, costs are not waived. The minimum cost for a public hearing is about $300 for the advertisement. ACA/Susskind stated that it does not serve the City well to waive appeal costs. If costs are reduced or waived on behalf of the applicant, the City must bear the cost. DCM/DeStefano cautioned that there is a danger in setting the process at such a low cost that it encourages citizens to routinely file appeals. Mr. Jacobsen pointed out that the appeal must be filed within. 10 days of the approval of the resolution (see Page V-30 A.) Chapter 76, Revocations and Modifications beginning on Page V-31 provides procedures for securing revocation or modification of previously approved applications, permits and entitlements. Chapter 78, Enforcement, Page V-33 through V-38, sets forth the responsibilities and authorities of City departments and individuals who are rendered responsible for implementing and enforcing the provisions of the Development Code, the applicant's rights to appeal those decisions, the civil and criminal methods available to the City for enforcement of the Development Code, recovery of costs, and additional permit processing fees and reinspection fees as required by the project. C/O'Connor asked if Council Members will be receiving updates to the Development Code. DCM/DeStefano responded that in accordance with study session comments, updated and corrected Development Code pages will be provided in Council Member packets prior to discussion of the item. Substantive changes will be made following public hearing. 3. CITY COUNCIL GOALS DISCUSSION: CITY COUNCIL FEBRUARY 3, 1998 PAGE 5 STUDY SESSION CM/Belanger presented the Calendar of Events from the personnel committee. The Calendar of Events sets forth the time frame in which the City Council will evaluate the goals and objectives that was set by the City Council for Fiscal Year 1997/1998. The purpose is to determine the status of the goals and objectives for Fiscal Year 1997/1998 as well as, to look forward to Fiscal Year 1998/1999 and beyond. The City Council will also define the process by which it will evaluate the City Manager. The Council will have an opportunity to consider the list, receive public input, and offer suggestions for the revised list to be presented in March, 1998. C/Ansari asked for a report with commentary on the Fiscal Year 1996/1997 items. M/Herrera said that she would like for the Council Members to be provided an update on the Fiscal Year 1996/1997 items before proceeding. CM/Belanger explained the following Fiscal Year 1996/1997 Goals and Objectives items have been completed: 1) A series of customer service seminars. 2) Draft economic development plan preparation. 3) A two year Capital Improvement Program. 4) Expansion of Community Volunteer Patrol program - ongoing. 5) City Hall planning - ongoing. 6) Analyze feasibility of in-house recreation program. (Report has been prepared and the City Council is expected to review this item with outside facilities proposals for recreation contracts in April, 1998. 7) Improvements and Expansion of in-house system - ongoing. 8) Land use application permit use streamlining - in process. 9) Revise Planning, Engineering and Building fee schedules - draft prepared and with City Attorney for review prior to public hearing. CM/Belanger responded to M/Herrera that the Chamber of Commerce is in the process of compiling a list of businesses in the City. 10) Evaluate implementation of volunteer home improvement program (by supporting the DBIA program). ONGOING GOALS: 1) Budget shortfall remediation planning. 2) D.B. Blvd. resurfacing (except the area between Palomino Dr. and Temple Blvd.). 3) Master Plan of Parks and Facilities preparation. 4) Pathfinder Rd. resurfacing (with the exception of the portion between Shaded Wood Rd. to the City limits). 5) Pantera Park (May, 1998). CITY COUNCIL FEBRUARY 3, 1998 PAGE 6 STUDY SESSION 6) Peterson Park ADA Retrofit - two weeks. 7) Monitor mitigation plans for westerly City limit landslide - ongoing. 8) Development Code preparation - ongoing. 9) Evaluate existing organization - ongoing. 10) Evaluate the fit of individuals into reorganized activities - ongoing. 11) Heritage Park Traffic Study - implemented. 12) Country View Dr. Traffic Study - implemented. 13) School Traffic Study - to City Council in March, 1998. 14) Revised staff classification compensation plan. Additional personnel related actions will be presented to the City Council for consideration and adoption of a formal classification and compensation plan. 15) Evaluate software programs and implement financial management software. A parallel system will be run through fiscal year end to preserve the integrity of the City's financial information. 16) Establish public/public, private/public partnerships where appropriate - ongoing. 17) Evaluate traffic impacts on economic development - ongoing. 18) Disaster planning preparedness - ongoing. 19) Develop an Impact Fee Schedule - ongoing through the Development Code process. 20) Analyze adoption of the Overnight Parking Ordinance (Task Force in process) CM/Belanger responded to M/Herrera that staff will provide a written itemized summary of tonight's discussion. M/Herrera asked Council Members to provide their re -ranking of goals and objectives to staff by Wednesday, February 18, 1998 for inclusion in staffs report. 4. ADJOURNMENT: There being no further business to conduct, Mayor Herrera adjourned the study session at 6:15 p.m. to the regular City Council meeting. ATTEST: Mayor LYNDA BURGESS, City Clerk CITY OF DIAMOND BAR 1111444pr DEVELOPMENT CODE STUDY SESSION #4 DIAMOND BAR RANCH FESTIVAL COUNCIL GOALS & OBJECTIVES FEBRUARY 17, 1998 CALL TO ORDER: Mayor Herrera called the meeting to order at 4:00 p.m., in the SCAQMD Hearing Board Room CC-2, 21865 Copley Drive, Diamond Bar, California. Present: Council Members Huff, O'Connor, Mayor Pro Tem Chang and Mayor Herrera. Council Member Ansari was excused. Also present were: City Manager Terrence L. Belanger; Assistant City Attorney Amanda Susskind; Deputy City Manager James DeStefano; Deputy City Manager Frank Usher; Assistant to the City Manager Kellee Fritzal; Senior Planner Catherine Johnson; City Clerk Lynda Burgess and Ron Pflugrath, Paul Crawford and Bruce Jacobsen, Urban Design Studio Consulting Team. 2. PRESENTATION OF DEVELOPMENT CODE ARTICLES III AND V. Ron Pflugrath presented an overview of Article III. He explained that the purpose of Chapter 22.16 - General Property Development and Use Standards, is to ensure that new or modified uses and development produce an environment of stable and desirable character which is harmonious with existing and future development, and protects the use and enjoyment of neighboring properties, consistent with the General Plan. He presented summaries of subsequent chapters dealing with specific uses such as Affordable Housing, Fences, Hedges and Walls, Hillside Management, Landscaping Standards, Noise Control, Off -Street Parking and Loading Standards, Planned Development Standards, Property Maintenance Standards, Sign Standards, Tree Preservation and Protection, Transportation Demand Management and Standards for Specific Land Uses. Mr. Pflugrath responded to C/O'Connor that the decibel level for average conversation is approximately 20 to 25. DCM/DeStefano stated the chapter includes information indicating a general office atmosphere experiences a noise level of about 45 dBA. CM/Belanger stated the Chamber of Commerce has expressed a concern about having a reader board sign above the freeway to announce the availability of the City's commercial services. DCM/DeStefano responded to C/Huff that the draft standards are identical to the standards adopted in 1991 and do not allow for flexibility along the freeway corridor. He stated that it is his understanding that the concern is with respect to the SR 57 because the SR 60 has the signs. which makes it easier for motorists to locate exit signs and identify services. Most businesses adjacent to the SR 57 are below or above the freeway grade and masked by the hillsides. A specific concern has been CITY COUNCIL FEBRUARY 17, 1998 PAGE 2 STUDY SESSION expressed by the Chevron Station at Pathfinder Rd. and Brea Canyon Rd. They would like to have an off -premise sign at the Denny's Restaurant location on Brea Canyon Rd. so that their service would be visible from the freeway. C/O'Connor said she views such signage as a public service. ACA/Susskind stated that there is legal precedence to indicate that once such signs are erected, they remain in place. ACA/Susskind responded to M/Herrera that the service signs along freeway corridors are under the jurisdiction of the State of California. Mr. Pflugrath pointed out that generally, only rural communities are provided with freeway reader board signs. The commercial businesses pay for the signage. C/Huff said he is not opposed to relaxing the standards to permit off -premises signs along freeways. He asked for information from other similar cities to determine what the long-term effects to the community and businesses have been. C/Herrera said she is in favor of relaxing the standards if the result is additional tax revenue to the City. DCM/DeStefano indicated staff will provide the requested information to the Council in time for the March 17, 1998 public hearings. Mr. Pflugrath continued explaining the sign permit process and the Comprehensive Sign Program beginning on Page III -136. DCM/DeStefano responded to M/Herrera that the 50/50 rule for English signs is addressed in the Code. M/Herrera said she favors the 50/50 English rule for signage for safety concerns and to maximize the business potential. ACA/Susskind explained that a 50/50 sign would be more defensible than an English only sign. DCM/DeStefano indicated that Pomona lost a court case to have English- only signs. C/Huff asked how the code differentiates between native and planted indigenous trees. Mr. Pflugrath suggested that language be added to A., A protected tree is nay of the following: 1. under Sub Chapter 22.38.030 on Page III -152. CITY COUNCIL FEBRUARY 17, 1998 PAGE 3 STUDY SESSION ACA/Susskind recommended basing the language on the age of the tree. Mr. Pflugrath explained to M/Herrera that trees that compromise sidewalks, etc. can be removed under E. of Sub Chapter 22.38.060 -Exemptions on Page 111-153. C/Huff reiterated his concern that native trees should be protected. At the same time, the homeowner should be offered latitude with respect to planted trees. M/Herrera said she is opposed to imposing restrictions on homeowners with respect to their individual properties. DCM/DeStefano suggested the City establish a standard based on lot size. Staff will recommend alternative language to be included under "Exemptions Sub Chapter 22.38.060 on Pages III -152 and III -153. DCM/DeStefano stated this is the last scheduled City Council Development Code Study Session, Public Hearings are slated to begin on March 17, 1998. Public Hearing ads have been placed in The Windmill. Staff recommends that the City Council review the Development Code articles as schedule and that no action be taken until the entire process is completed in May, 1998. Mr. Pflugrath recommended the City Council concur to accept each Article as it is reviewed in order to speed up the Final Draft process. 3. DIAMOND BAR RANCH FESTIVAL: M/Herrera stated the City has supported the Ranch Festival for a number of years. In addition, a number of civic and commercial organizations have supported the festival. The Ranch Festival leadership requested support from the City last year in the amount of $24,000. The finance committee met with Ranch Festival officials to determine how previous City funding had been spent and how the Festival intended to spend the requested $24,000. In 1997, Council voted to contribute an amount not -to -exceed $18,000 for traffic control services, event site preparation, water services, L.A. Sheriff Department services, traffic safety devices (cones, delineators, barricades), shuttle buses, public telephones and/or Building and Safety services. A report dated August 19, 1997 had been provided to the Council which detailing the City's actual 1997 $16,800 expenditure. M/Herrera reminded the Council that extensive discussion regarding the decline of the Festival and whether or not it offered the community a benefit was held in 1997. The Council suggested that the Festival be combined with the City Anniversary Celebration or discontinued in its entirety. Numerous letters have been sent to Steve Johnson and he has not responded. She believed the Council should discuss this matter now and reach a conclusion. M/Herrera stated the following community organizations participated in the 1997 Ranch Festival: DBIA, Golden Springs Elementary, Pop Warner Football, AQMD, Avon, Sheriffs Department, the CITY COUNCIL FEBRUARY 17, 1998 PAGE 4 STUDY SESSION City of D.B. and Discovery Travel. She pointed out that Castle Rock Elementary School and a couple of other organizations did not receive monies promised to them by the Ranch Festival. CM/Belanger stated that a letter was sent to Steve Johnson at the Ranch Festival's post office box on February 11, 1998 requesting him to be present at tonight's meeting. The letter included copies of letters previously sent on January 15, 1998 and December 17, 1998. DCM/Usher stated that prior to mailing the December letter, he verified the address with Steve Johnson. C/Huff felt Council should delay making a decision until a meeting can be established with Steve Johnson. MPT/Chang believed the Council had given the Ranch Festival ample opportunity to respond. Last year, information was requested from the Ranch Festival leadership and Council was not provided adequate information. The Council was pressured to make a last minute decision which disturbed many residents. He indicated he attended the Ranch Festival in 1997. The turnout was poor, the festival was poorly managed and very unprofessional. He believed the residents and businesses have lost interest in the festival. In addition, the festival continues to accrue debt. M/Herrera stated that, just because the City has been supporting an organization for several years, that is not sufficient reason to continue its support. The community needs to benefit from the event and she did not see where the community is benefiting from its expenditure. C/O'Connor indicated the event was successful when the schools were involved. The Ranch Festival has increased their fees over the years so that schools are unable to realize any profit. C/Huff believed that it is time to "pull the plug" on the Ranch Festival organization. However, the manner in which it is done is important. He recommended that the matter be agendized for a regular City Council meeting and that a certified letter be sent notifying the D.B. Ranch Festival committee that their participation is requested. CM/Belanger stated a notice will be sent to the post office box as well as the home address. The item will be placed on the March 3, 1998 City Council agenda. CM/Belanger explained that approximately 6 weeks ago, he met with Mrs. Johnson and her committee. They reported that the event was unable to retire its debt and in fact, did not do well financially. He said he requested additional information regarding the festival's 1997 income and expenditures which has not been CITY COUNCIL FEBRUARY 17, 1998 PAGE 5 STUDY SESSION forthcoming. 4. CITY COUNCIL GOALS DISCUSSION: The Council reviewed and revised the lists of City Council short term and long term Goals and Objectives. CM/Belanger explained that the Capital Improvement Projects (CIP) listing will be in two categories, one relating to the redevelopment process and the other relating to the City's projects. The redevelopment CIP will be a longer process (longer than five years) and the City's projects will have a shorter CIP (three years). The 1998/1999 Budget will reflect the new listing. C/Huff recommended the Council eliminate the five year CIP figures and proceed with the 2, 3, 7 and 10 year projections, as applicable. CM/Belanger responded to M/Herrera that the newly proposed Planning and Engineering fee schedules are being reviewed by the City Attorney. M/Herrera stated that some of the items have been given a "1" ranking because they are completed or near completion. For instance, DBIA has assumed responsibility for the Volunteer Home Improvement Project. Therefore, this item should be eliminated from the City's goals. 1996/1997 ON-GOING GOALS: CM/Belanger responded to M/Herrera that the School Traffic Study is completed and will be presented to the City Council in the near future and can be eliminated from the list. The Council concurred to leave Public/Public and Public/Private Partnerships on the goals list. Disaster Preparedness Planning, Training and Management is ongoing and will remain on the list. Evaluate Impacts of Traffic on Economic Development: CM/Belanger stated that the City provides traffic counts to the City's prospective retailers. To the extent the numbers are not high enough, there is a direct impact to economic development. Evaluate Existing Organization and Recommend Adding, Deleting or Modifying Classifications is being done. CM/Belanger explained that this item is in process. Some changes have been made and other changes will be proposed. The projects set forth by the Council to be accomplished sets the tone for the type of organizational structure that needs to be created. The Council concurred to drop this item from the list. CM/Belanger assured the Council that consideration is CITY COUNCIL FEBRUARY 17, 1998 PAGE 6 STUDY SESSION ongoing even though the item does not appear on the list. Analyze the Adoption of an Overnight Parking Ordinance is in process and can be eliminated from the list. Classification and Compensation Plans is prepared and being reviewed by the City Attorney. The proposed plans will be offered to the Council for approval. C/Huff recommended that items completed or to be completed in 1998 be put on a separate list. Master Plan of Parks and Facilities Preparation: CM/Belanger stated the plan is prepared and being reviewed by the subcommittee for report to the Council. C/O'Connor recommended that the title "Pursue the Implementation of Parks Master Plan Recommendations" supplant the current item. The Council concurred. 1997/1998 Shortfall Remediation Planning: CM/Belanger explained that the 1997/1998 Budget reflects revenues and expenditures exclusive of the AB1226 monies. Consideration of this item is ongoing. However, the item can be dropped from the list. Complete Pantera Park will occur and the item can be dropped from the list. Revise Personnel Ordinance and Rules and Regulations will be placed on the 1998 list. Complete Peterson Park Modifications: DPWD/Liu stated the modifications are completed and cleanup is in process. The City has unresolved issues with the contractor. This item can be placed on the 1998 list. Monitor the Mitigation Plans for the Westerly Limit Landslide: CM/Belanger reported that the Walnut School District has completed its remediation project. Mr. Patel has time to provide a map and has not yet provided permanent remediation which will occur as a part of his Tentative Map. Short term remediation was completed by Mr. Patel about one year ago. Development Code Preparation is in process and can be placed on the 1998 list. D.B. Blvd. Resurfacing is completed excepted the area from Palomino Dr. to Temple Ave. which will occur this summer through the Redevelopment Plan process. Pathfinder Rd. Resurfacing is finished except for slurry seal from Shaded Wood Rd. to the westerly City limit. Evaluate Accounting Software is in process. CITY COUNCIL FEBRUARY 17, 1998 PAGE 7 STUDY SESSION Development Impact Fee Schedule Preparation has not been done. 1996/1997 LONG TERM GOALS: Master Plan for Code Enforcement Preparation: DCM/DeStefano explained that part of this item is contained within the Development Code presently under consideration. CM/Belanger stated that two issues are pending: 1) level.of enforcement at the operational level and 2) level of enforcement at the legal level. This item will remain on the list. Evaluate Secondary Access Alternative to Diamond Ranch High School: M/Herrera stated the City has evaluated this matter and suggested the liaison committee and the School District pursue the item. C/O'Connor and MPT/Chang stated the citizens favor a secondary access and recommended the item remain on the list. The Council concurred to entitle the item "Secondary Access Alternative to Diamond Ranch High School" for the revised list. Master Plan of Youth Preparation: CM/Belanger explained the item. M/Herrera said she believes this item is a matter for the schools and the churches. She recommended the item be dropped from the list. CM/Belanger stated that the Parks Master Plan discuss will include youth concerns. City Hall/Civic Center: The Council concurred to leave this item on the list. Pursue/Monitor Traffic Solutions for 91 Corridor: The item will remain on the list. Senior/Community Facility: Remains on the list. Interagency Planning: Ongoing. Eliminate generic "Traffic Study". CM/Belanger pointed out the list of specific traffic studies is located at the back of the report. Volunteer Patrol Parking Enforcement Enhancement: Move this item to the 1998 list. Proactively Seek a Bypass Road: Ongoing. Larkstone Park: Ongoing. Monthly Newsletter: On the City Council agenda for tonight. Leave the item on the list. Diamond Ranch High School: Delete the item. Parking Restrictions: Included in the Development Code for new development. CITY COUNCIL FEBRUARY 17, 1998 PAGE 8 STUDY SESSION Drop the item. Business Licenses: Changed to Business Registration - Drop Business Licenses from the list. LA Sheriffs Audit. CM/Belanger stated that the Sheriffs Department reports that Diamond Bar receives the full compliment of contracted units. Architectural Review: Contained within the Development Code. Drop from the list. Truancy Ordinance: Drop from the list. Saturday Night Special Gun Ban. Drop from the list. C/O'Connor suggested that the remaining list be categorized with headings and sub -headings. For example, list a Traffic Study heading and then list each item under the heading. M/Herrera asked that the discussion be continued to a March 3, 1998 Work Study Session. The session will include discussion of Redevelopment projects. 4. ADJOURNMENT: There being no further business to conduct, Mayor Herrera adjourned the study session at 6:25 p.m. to the regular City Council meeting. LYNDA BURGESS, City Clerk ATTEST: Mayor 1 E 3 4 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR FEBRUARY 17, 1998 STUDY SESSION: A. Development Code B. Diamond Bar Ranch Festival C. City Council Goals & Objectives STUDY SESSION ADJOURNED AT 6:25 P.M. CLOSED SESSION: None CALL TO ORDER: Mayor Herrera called the meeting to order at 6:43 p.m., in the SCAQMD Auditorium, 21865 E. Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Alan Wilson. INVOCATION: Pastor Gordon Lee, River of Life Community Church. ROLL CALL: Council Members Huff, O'Connor, Mayor Pro Tem Chang and Mayor Herrera. Council Member Ansari was excused. 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: Council concurred to approve the agenda as recommended. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: None PUBLIC COMMENTS: Clyde Hennessee withdrew from the Off -Site Parking Task Force stating that he was concerned about loss of citizen's rights. Don Gravdahl asked that Item 6.7 be withdrawn from the Consent Calendar. Alan Hart asked that D.B. consider conducting its own youth sports program rather than contracting services with the City of Brea. SCHEDULE OF FUTURE EVENTS: 5.1 PLANNING COMMISSION MEETING - February 24, 1998 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. FEBRUARY 17, 1998 PAGE 2 5.2 OFF-SITE PARKING TASK FORCE MEETING - February 25, 1998, 6:30 p.m. to 8:30 p.m., AQMD Room CC -2, 21865 E. Copley Dr. 5.3 PARKS AND RECREATION COMMISSION - February 26, 1998 - 7:00 p.m., AQMD Hearing Board 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 - 7:30 p.m., AQMD Auditorium, 21865 Copley Dr. 5.6 SOLID WASTE TASK FORCE - March 11, 1998 - 6:30 p.m. to 8:30 p.m., AQMD Rooms CC -3 & 5, 21865 E. Copley Dr. 5.7 OFF-SITE PARKING - March 11, 1998 - 6:30 p.m. to 8:30 p.m., AQMD Room CC -2, AQMD, 21865 E. Copley Dr. 5.8 TRAFFIC AND TRANSPORTATION COMMISSION - March 12, 1998 - 7:00 p.m., AQMD Hearing Board Room, 21865 E. Copley Dr. 6. CONSENT CALENDAR: MPT/Chang moved, C/O'Connor seconded, to approve the Consent Calendar with the exception of Items No. 6.7 as presented. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Ansari 6.1 APPROVED MINUTES - Regular Meeting of February 3, 1998 - As submitted. 6.2 RECEIVED AND FILED TRAFFIC AND TRANSPORTATION COMMISSION MINUTES: 6.2.1 School Study Public Workshop #2, October 2, 1997. 6.2.2 Regular Meeting, October 9, 1997. 6.2.3 Regular Meeting, November 13, 1997. 6.2.4 Brea Canyon Road Streetscape Improvement Project Workshop, November 20, 1997. 6.3 RECEIVED AND 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. FEBRUARY 17, 1998 PAGE 3 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 ANGELES COUNTY FIRE - FFW, THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 21 OF LOS ANGELES COUNTY, AND THE GOVERNING BODIES OF THE 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 APPROVED EXTENSION OF WEST COAST ARBORISTS CONTRACT - authorizing additional street tree maintenance work for the 1997/1998 fiscal year, 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-SITE PARKING TASK FORCE. Don Gravdahl, Off -Site Parking Task Force member, said he is not familiar with the term "facilitator" and did not support consideration of other cities' ordinances and enforcement issues in consideration of the matter until D.B. has examined its own problems. MPT/Chang and C/O'Connor expressed concern over the City expending funds for a consultant at this time since this is a community related matter and it is within the committee's purview to examine the public's concerns. Following discussion, C/Huff moved, M/Herrera seconded, to allocate an amount not -to -exceed $5,000 for facilitator/staff support services on an "as needed" basis. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Ansari FEBRUARY 17, 1998 PAGE 4 7. PUBLIC HEARINGS: None 8. OLD BUSINESS: None 9. NEW BUSINESS: 9.1 APPROVED REORGANIZATION OF CITY ORGANIZATIONAL STRUCTURE AND ALLOCATION OF STAFF RESOURCES - Following discussion, C/Huff moved, MPT/Chang seconded, to approve the reorganization plan as outlined within the report provided by staff; authorize the City Manager to implement the required documents, and to accomplish said reorganization including necessary changes in budget and personnel. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Ansari 9.2 APPOINTMENT OF COMMISSIONERS TO THE PLANNING, PARKS AND RECREATION, AND TRAFFIC AND TRANSPORTATION COMMISSIONS - Terms begin March 1, 1998 and end on February 29, 2001. . C/O'Connor: Steve Tye, Planning Commission Karen Holder, Parks & Recreation Commission Arun Virginkar, Traffic & Transportation Commission C/Huff: Joe McManus, Planning Commission Dan Nolan, Parks & Recreation Commission Roland Morris, Traffic & Transportation Commission MPT/Chang: George Kuo, Planning Commission Patty Anis, Parks & Recreation Commission Scott Lin, Traffic & Transportation Commission M/Herrera: Joe Ruzicka, Planning Commission Yvonne Pruitt, Parks & Recreation Commission Joyce Leonard -Colby, Traffic & Transportation Commission C/O'Connor moved, MPT/Chang seconded, to ratify the recommended appointments. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Ansari FEBRUARY 17, 1998 PAGE 5 This matter was continued to March 3, 1998 for consideration and ratification of C/Ansari's recommended appointments. 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 - C/Huff moved, MPT/Chang seconded, to approve Agreement No. 7 in the amount of $110,500. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Ansari 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 - MPT/Chang moved, C/Huff seconded, to authorize payment by way of Advance and Reimbursement Agreement No. P1 in the amount of $328,120. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Ansari RECESS TO REDEVELOPMENT AGENCY MEETING: 8:06 p.m. RECONVENE CITY COUNCIL MEETING: M/Herrera reconvened the City Council meeting at 8:13 p.m. 10. COUNCIL SUBCOMMITTEE REPORTS: C/O'Connor reported that the Parks Master Plan Subcommittee met on Thursday, February 12, 1998 and reviewed prioritization and funding sources based upon short term, mid-term and long range plans. She anticipated that the subcommittee will make a presentation to Council following its next meeting. C/Huff reported that the Solid Waste Task Force held its first meeting on Monday, February 9, 1998. The subcommittee will review proposed compliance measures with the State mandate that the City must cease sending 50% of its waste to landfills by the year 2000 as well as, considering options to the current contracts for trash services. He discussed the recent Four Corners meeting during which an action plan was recommended to SCAG for a 2 -year phased project with $100,000 funding the first year. The study is to consider the traffic mitigation measures and FEBRUARY 17, 1998 PAGE 6 their effectiveness since the last study was conducted in the early 1990's. He explained how the City has been used as a traffic pass-through area from Orange County. MPT/Chang stated that he, M/Herrera, CM/Belanger, and DPWD/Liu met last week to discuss economic development and methods for attracting businesses to the community. He had requested a meeting with Congressman Jay Kim to discuss possibilities of federal funding or general support for the Four Corners transportation issue. M/Herrera stated the Economic Development Subcommittee members and staff will be visiting local business to discuss the business climate in the community. On March 20, 1998, staff and Council Members will attend the International Council of Shopping Centers workshop in Long Beach. She reported on the first Off -Site Parking Task Force meeting and thanked the members for their participation. CM/Belanger offered C/O'Connor a variety of possibilities for who might bear responsibility in the event of land slippage. C/O'Connor congratulated her oldest daughter for handling a potentially dangerous situation and wished her youngest daughter a happy birthday. C/Huff said he attended the Chinese New Year's celebration at Diamond Ranch High School and the event reminded him about last year's visit to D.B.'s Sister City. MPT/Chang stated he represented the City at the Diamond Ranch High School Chinese New Year's celebration during the Mayor's absence. He thanked the other Council Members for their attendance. He congratulated Joshua Mercer, Volunteer Patrol Member of the Year, and thanked the D.B. Volunteer Patrol members for their service to the community. 11. COUNCIL COMMENTS: M/Herrera thanked the Council Members for their participation in the Development Code Study Sessions. Public Hearings will begin on March 17, 1998 and she invited public participation. She thanked staff for their diligence and hard work. 12. ADJOURNMENT: There being no further business to conduct, M/Herrera adjourned the meeting at 8:37 p.m. ATTEST: Mayor LYNDA BURGESS, City Clerk CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO: Mayor Herrera and Councilmember O'Connor FROM: Linda G. MagnusonfAssistant Finance Director SUBJECT: Voucher Register, March 3, 1998 DATE: February 20, 1998 Attached is the Voucher Register dated March 3, 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 March 3, 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 Fund 115 Int. Waste Mgt Fund 118 Air Quality Mgt Fund 138 LLAD #38 Fund 139 LLAD #39 Fund 141 LLAD #41 Fund 250 CIP Fund TOTAL ALL FUNDS APPROVED BY: Linda G. Ma4rMson Assistant Finance Director Terrence L. Belanger City Manager $478,145.33 11,353.45 117.25 399.45 1, 610.44 6,780.94 2,950.00 369,996.51 $871,353.37 Carol Herrera Mayor Deborah H. O'Connor Councilmember 4 4 . . . . . . . . . . . . . . 0 9 A E v EI i L:Fj HC'- NjT FFOj,TX-NC BATCH POUNE NO -------------- ------------------------------------------------------------------------------------------------------------------------ -4.0350 4 T -4090i- `.:5 curate Landscape —01-431 -UU 4 urate Lii1LSCaNe 4:3 1 -2:2 4-7 41 Ai XH i 3,1 23/6,285A �71 7 4, A Q5icj,-7,Ij 7 i /5397A 2 80303A 07/5897A -A 81589-A kLUt'dt2 2 80303A 01/6715 56 4 803303A 0 i 1622,86 --. M021A 01/62'36 2 2 303C -3A 01/5896 I I'D V� 444--, U". -i 0:3N3 52.,D5�.', /220 f-K`.`J3 27_4 G2/'20):3/`':3 527215 J 27'. I'D 0 0 3 03. 02/20 03/03 528*2 02/::0 0303 - !4-5 AL T ---- NE'R -------- I OT BL C VE !, U -;- - L.-Ist " P41r ne Svcs Jqg - st "hne =vcs UIAL LIDUE YENDUOR -------- Add'! Feb Main,-PetrsnPrk A Ald ' Feb -1 ' Ia,.rt-PGjrcwPrk Add'I Feb Maint-SmtrudgPrk 1 A 4 .--eb Mair -t Paul 'Grow Prk Iamt-.-Ieritage Prk F_- Maint Maple Hill r .�6A,t-T'etzer-zrjn Prk, . r2b MaiFit-R%or, Reagan Eb-Starshine Frk . reb Maint-Submtrage ,:Eu I a ir, t - 3 1 Cyn -yc Prk i r --'7"L DE VENDO -- -------- , u I H IjUc rk Etr Ir Add ---------- 5.40 11.65 79.52 32.84 23.41 46.;` x'16.2. 50`9.00 1,527.00 ss-cHI, H ---------- Q4 Z z . . . . . . . . . . ... tir L,-; NH -N -L: C-3UN r DATICH PO" L -J LUNT ------------------------------------------------------------------------- ---------------------------------------------------------- �'I,t 4jI - ""JIPUErS 1 4 11 c" - 4 C, ','8 - 6 2' -30, 4 _'01:31-�3A :'1/b :'9 1 K, .03A ?"-' E : ec t 2 !k K E c W h c s a I - 4:3" A, - '22 10' Ten n : sCrt SLn r, 11 s - Mn I H i 11 1z"h -arid er r Y d L e r 1-4 Michael--;randnan 80303A 2 8 i"13A 41j 'jf-' LI vENID'OR -------- 24.331 -Jan 1 Dio, 'E ---------- j 4 1 IN �isc Coi�,Ptr Hardw3rp --q-p J3 :31"10415,IN c -PomptrHardware-SoundCard 15.47 0", M t)4'11:.N Conputr Pwer Supply 310.31 TO]I�L DUE VENDOR -------- 4'-,'9,76 ?"-' E : ec t 2 !k K E c W h c s a I - 4:3" A, - '22 10' Ten n : sCrt SLn r, 11 s - Mn I H i 11 1z"h -arid er r Y d L e r 1-4 Michael--;randnan 80303A 2 8 i"13A ..o. TCT k UE VEN20R -------- 24.331 P 14 UP D 'AL jUE "k'R--------r 2 L_ 0 VENDOR -------- P p redloll Ser v ce5 c 4 "1 F- VC 77 la" VCzic NAM, VENIOP H 11-11JA IrfaTCi�F'O.LINEiNO. _N R f JE LUNT --------------- ----------------------------------------------------------- ----- z"rea, '_Ity of ireaCiti 10-y3_0 - z,, 0 t. '.3 71 u "A _UE VENIJOR -------- ham, --ef,crah 7/ /,"Y' Refund Surgess, LY -rids x.Q FAL c VEP CCR -------- 40 1 20 0 Clip A 'ipsrt Pkge 115 63 LJ-- -------- I 42 23Z) AL---------- 24 4 J 2 --z Hind W r t r 2a ­is ar Q V�j ��i 7 3 C 5 "3030'3-C 01/6087 3 D B 0 4:w7 02 20 V-i Iv -a '4L JE L ---------1 1 7 - - , c 4 "1 F- VC 77 la" Dar ^*o �� TIME� 17�5i V2/2 p E P 9 E u �:E '��`''''''''....��'�g/y8 VENC"R NA!KE ACCCUNT A'N0 �ATL 3N UNT 8ATE ��Cx -------------------------------------------'-------'--------------- Ching +ui uu �01'230�'012 �HLi azLi 1 8C3��A Ci��s Corperat�un ��"tas �01'431;-213V 2 803338 01/6l3z �01-43i0'21�� 4 S03038 City �Ilerks Asso --.; Ca. C�AC C�f���� Co����t Sznmunity Uisposal Co. ComDisposl �A1'45�V-55O 2 803038 01/608o Comnunity lnuust ies Cammlndus fool -45,58-5521 u- Pis-4�r urorsot g 4 7 � R��ab����d 55.� �� ��s�88 ----> V2/20 V3�� 57O63 Froint3rae..eRepair-PrOrck TJ;AL -,,j£ VENDOR ----> 5 46.84 02/2V C8/O3RefndStrAddr��g-��7-l91 350.00 TYAL 8U[ vENBOR '''---'/ '350.00 —/2V CG/O3 l��14�6 Ur, ,Fr�ntPrxS,ff'w/of2/9 5O 14, Uni�rm8nt'PrkStffw/of2/16 1».03 TOlAi DUE v[N8O3 O2/20 03/03 Coof'4/22'24'8argess AL IlUE VB010R '''---'-> �V V2/2V 03/o3 71,146 FeU'E-,:ip Rent 18'95 0fAL JUE vEwL8R -------- ---V2/2 0 2 /2-103/C8 12�"7-1/'25 8072.28 D]/�L 'UE vBH�OR '''—'—> 8,072.28 02/20 03/03 Jac -Litter Abate Svcs 83Y.44 y `nom. . . . . . . . . . . . . �-.—OR NAPE -CINT P Oj.TX-NO BAT -H PO,LNE�t4L. A M N --------------------------------------------------------------------------------- --------------------------------------------------- 1 i --d �SY51 eFj"= 4a, n i :-0- E.1- Se VE'SECO ZJ -.otier ell C F,,mds Corp cof t s �-r i t En d en .= 51 —14 t em r,den 0;)*4 OwA - 2: r-, 0 1 803038 in e 803038 01/5952 I -42"20-7-kA 4 '30303 IT.m-prcva:,,&-,,t Assoc. -s I A '55 15 2 0,0302B 01/6" 80 01;6=,48 5DC ES M�soc 38 01 T -- I IU a7-1! 9 VEAI'Ea; -- ---------- v )A 7t, 40,00 TL T -------- 0. 00 Re'rZ4 SR 97 fy".% 0 0 "0 ; AL DUE VEENIJOR ---------> ICO. oo Ti)AL DUE iEIICOR -------- 02120 CY3/03 901ID-SpEr-01 1�,5Licens-cAppllr-'S IVCS -"5.(-0 L Ell i V, E N -------- 02,120 177-2 C, ad QLI,L o J. X! �j E 0 R ---------- T i, - Er T'i i t v o f C i a m o f! I a r ## 4 iUl THRU.............G: /ENLCR 'TAME dEty LR D. ALLi:L'Nl P'FGJ.1X-NO HATCH PC.LINE/NO. EMIR !i -:E INVGi;c CE riirlICN AMOUNT 0A r ------------------------------------------------------------------------------------------------------------------------------------ Da; & Night Copy Center Dap?♦Night I-421rJ-2110 303U_P1'L7,'A 1'"20 i1°/„_' 11 a7 ayle Mei-,tesh Center forayi_M:�.rt *+:01-4040-4000 3 '30, IjXQ Befriend, im `''efrie dJ *0U, 4090-2340 i 50303,C :ept of Transpert.t:en eptTra s *001-4510-5507 ? 30:3i)3B Oi,_0 2 F:la6tjn•y liar Inter.'?aC iC: al Joi auCl _ia7lGnd "��li _4{ji)j'y _2("O 03/437 1968*6 PhutQFrjce55SVc5 14..,-2 'uTAL U VENDOR ) NS. 87 0::/20 08/03 6512 5.gnLanglntrprtr-Mtg1/20 224.00 02/2,' 03/03 =5`6 S1gnLan,1ntrprtr-Mtg121/16 =6.>0 _l4130:3 i0I AL DUE VENDOR --------> 4$+).00 02/20 03iO3 i±r',�7_..45 E,penseAdvnce-SysOpTrng 261.00 0:3/0;/9S 00*34666 TOTAL ?REPAID AM"T ----) 261.00 _ !^yiriF�r.'.g-_” is nTental E 1gcnN0;eo1 1 Al. DUE VENDOR --------) 0.00 02/20 03/03 144754 Signal/Light Maint-Dec 1,080.14 i)2!L±i ±J3/..�.� THL DUE VENDOR --------> 1,081-1.14 0 ' 2/''0 ) �"l- _4{ji)j'y _2("O 03/437 1968*6 PhutQFrjce55SVc5 14..,-2 ,...._.,. ..-,c . L a aJL .:i';rr4.tied raratrall5;t DiversFara _l4130:3 1l-.:-FideSVcs-1, iG-... i±r',�7_..45 _ !^yiriF�r.'.g-_” is nTental E 1gcnN0;eo1 • - J-1C1� _ 80303C i)2!L±i ±J3/..�.� lj jt)1 . _ _ ucQT_ch Svcs -EN `7-1_xO ..51. .0±_ ,,.;ML PR -PAID AMOUNT ----} C _.. _deral Uinion -",;yCre6iLU :".1 2 1 i 0 -1011f'4-Cr *4 '_ 4 �',L =aE-'AIG Ai,:%' JNT T�,:, DLf1 YEN_ .. jF--------) r; :; of 8i amuou B«r PL,N TIrIE: 17:51 02/2O/98 V [ H ER T E R �ACE 7 AUE 74,U.............��O3��Q V5Nr;DR NAME VENOOR 0. * ^ PRE�4lD * * ACCULNT PR0u.N-NO BATCH PO.LDu /N0. —__—__—_---_—_----____---_—____—___'___—_—_--__--______----_---_—_-_- AMCIUmT 2A|E »0l-3�8 5 ��� V2/2O �/V3 2�� �cr�ti� �f�d 55.� MYAL DUE VENDOR --'''''-> 55.VV Federal Rese,ve Bank FedKeser,e *001-21l0'10V9 2 G01103D V2/2V V8/�3 PPI 4'Svgs800du'eductns 10O.00 F�nnerty, Annette FinpPrtyA *,,01-4350'41VV 1 8030*102/2� CO P��Con� Mtg-1/22 46.0V �8TAL E ��� '''--'-'> � 4O.V0 .'oothi}l 2';-, Ft3ldgMa�' 4001'4440'1200 'D 01/7715 V2/2V C8/03 C14824 EmerprepS��p�s'San� 153.72 7GrAL DU[ �E��OR -''--'—/ �53.72 Franch�se ra/ omrd Frann se[ *S01-2��o-lVV9 1 8��O3C V2/2O (�/03 Wi�hol!�brdr55D6�76�4 �11.84 TAL "o[ VEADU9 SF8-Friedr�c� ano �ssoc �FB 5227 i, 8S3�3D 01/6307 ')2/2V O3/O3 0"2- {nspS.c�-�eyln� `�n 30 ^�01'�510-5227 1O 603�3U �l/6319 O2/�O 03/O3 9� 2 lan 21�.O0 *J01O 5�� 8 803O3D 0�/��2 02�� O3/O3 YOO2'z� 'an v'_:nC8R '-' ''''> J(E Ca\�fornm JlE *C0� 4319'2125 1 G0SO3G O2/2O C3�8 Phcne S,co^PetersnPrk 41^�0 ILE vc��� ----� 4�.�V Caiifo_za *W)'-4�z6'2125 1 603T30O2�� 03�� Fhooe 3vcs'Map1e Hill 41.61 �'P.L :i -;E vc_VDUR ----> 41.61 Calz;or 1'4314'2125 1 8i3V32 Cl- 11 �3/03 Phc:e ���'�tgeCcnCtr 31.72 70'�AL JUE vENOOR ----> 31.72 *** Czty of Diamon ' a +** RUN TIME. 7.51 V8uCHEK REOlS��R �_,jE 8 DUE . .............Cu/��f »EmCG� w�� vE�6�R 1�. * + A C f, l_LNT 7,j.Tx'Q! BITCHPO.LIT�E/NO. ----------------------- EmrY m��� r Califor:ia 10 TI R�cne S,:s-RomKeagan 41.ul T�TAL 'JE VENDUR ----> 4l.6l GTE Callfornia GT E ��l-4048'2125 1 8V3V38 32/2V V3/�8 Phone Svcs'��um Line 42.26 iU�AL �L� �ENDOR ----/ 42.26 Leaszng �rELease *C -4090-21.30 � S�3OSG 3�/62�3A 02/20 V3/OS �N5f65 ��c�-NorstarE ui�eae 4,,,t, T? AL VENlO8 —'--' �6.79 Garcia' Sue ��33 *001-347-1,� �7� R������6md �.� -'!'AL �;E VEN�0K ----) 43.00 CC -t ­_"l Systems 1-4553-5552;,%�-.aFfzt Rmv 1'u� 2.4�.� "-AL 1.)JE vEN,DUR ----> 2.430.a� or aznger Sra���er 2��C01/�8� 4��7�/9 H�J��er-R�����k �1.� n�A� �� VENCOR ----� 351.95 xa�L & Forena ��2�Forem ��1-23V�-10/2 9 8V3V3U O2/20 03/V3 35S74 Prof ��s'EN 95-083 135.00 �of �.-s-EN 95'(­� 135.00 1G7 7, DL� xEwGJR '-''- -/ Helmberger L4irsch & Assoc Meimberger »250-4Si0-64l5 06598 S 8O30M 01/C4673 02/20 V*lj/03 96011RElO CnstrctnMptSvcs-Pantera 94.6 0 `250 u'-�10-6415 O6598 2 S0303O 61/C4673 02/20 �3/V3 Y601�8E7 C.�strc�nr�mtSvcs'Pmtera 12O.2O �250-431O-64L5 V6598 1 8030-'3D O1/C4673 02/2O V3/V3 96O�1RE9 Cu�strctoMgmtS,cs'Pantera 16.50 0TAL DuE JENDO0 -------- 1 23�.30 ��gAPoint Graph�cs �igx;o�nt *0)1'4096'211l 2 80303U O1/61V� 02/�0 V3/03 �1437 PreFrps��vcs'[cnDvlp 21.�5 �S01'40Y5-1l�1 � 30�V3D :1/6��� 02/20 03/V� 61497 �CPaperfor8usCards 27.')6 T��e- �uE ;2���9 '''- - > 48.71 =7 VLNi','C� R -------- 7': 31 j rust -4c DedLictlns .5o 410 . 00 2 110 - 100 v�u Ci 3" ;P 'Ief Comp 4L 0 -L flUEVEINDNIR --------- 1 30 ,."!and Va;,Er J2/20 'IDN"' 0 7 c 3 k`S ale -lb id e 17 4 3* j-2, 2 C) 0-3 3 _d L2ga1 Ad- '�:L TOTAL LLC. VENDCUR -------- f 10 -at - 4 _44 -5531, E -,1 1514 -------- -- -------- +** c, �M TIME: 17'51 v DUE ;HiRL /93 VENDOR NAME VENDOR ACCOUNT PR0.Q'NO BATCH P0.Ll�/�. ��Y/�-- lnI1"t AMCUNT A� ---------------------'-------------------------------------------- CoLncil af Shopping I SM, k, �01-40Y6-233O 4 9�3�3C Junes Intercable jom*slnter judicial Data Systems . vudOa aSys 4001-4411 -5C5 I 8030'2E 01/5997 Kal*at,Harnala *001-3478 80303C Kosacnt &Associate Inc Kosmont L.A. Cpunty'S�a^ifps �� C_ .1 -441' -54%01 z 8C303F ��1�4�1'�4V1 2 S0303� L.County ?lblic wcrks LACPugwk 10698 "' 80303C 01163213 021/20 03p),31 02/20 03/03 6204 02/20 03103 2459� 02/,4'0 03/o3 9-2�7 02:20 0"Z/:03 LA CalLuLar Telep»une LACe}1ular QTAL IDUE VENS8R ----> 475.00 �@�'4V30-2125 1 8034)3E O2/2O 03/33 25 3 80303E V2�� 03/03 -40,90- 2125 4 80303E TOTAL DUE VENDOR '----> 35.O0 *m�'4415'2125')2/23 90. 00 TOTAL �� ���X� -''---'> 03/03 �A Coi�1-11*y8eljstrar E c or ! r ��1 I�eaExc��� �mf'3/2V 4�.00 QTAL IDUE VENS8R ----> 475.00 Refnd'TSR 97-17 100.00 _CTAL DUE VENDOR ''--''-> 100.00 PrkgCite/R-nkrocess'Jan 206.04 rOrAL uJUE VENDOR -'-'--'> 206.04 Recreation Refund 35.00 TOTAL DUE VENDOR '----> 35.O0 CoLtofkingBusSurney 90. 00 TOTAL �� ���X� -''---'> YV.*0 3ec'*e\zcopter Svcs Jan-Ccntract Svcs 11 701; AL DUE YENDU8 —) 289,385.23 rr+cSignlCntrlr08/01dRsn %4.19 T��AL L'"E vENCGR -------- ---eLi e I Phse Svcs'Cmgr 8l.88 :e1Svcs-Gen Govt 84.Y3 Ce1l Phne ��s'CityCcuncl 5�.62 � Ce1l fhne c�'VltrMrl o5.4V TU74� DuE VBNLOIS '--'---) Recordatn Fee -EN 97-179 i8.0V *L OuE vEw�8R ---'''-> 3# s C' + .y a r ### '.UN r!ME: 17:psi vel �V/?'J W iJ U C AE R 'R E U 1 S i E R SHOE 11 DUE THRU.......... :_ _ 9; VENOOR `GAME VENDOR Q. # * PREPAID � { ACCOUNT FROJ.TX-NO BATCH FO.LINEJNO. EN ii,.Y%DUE INVOi ;E DEER r'Tii�N AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ Landscape West LardscapeW *141-4541-5500 2 Laverne, City of LaverneCit #001-4411-5405 2 '30303E 021120 173/03 '_eagu'e cf Ca. Cities League C01-42-40-2330 League of Ca..:it.es League ` 3�s131E 1:., "'0 .'�iC:� Y.5141 #Gt.1-40'30-_al., 1 .il . S?:• )"!� 111? '' "il. L_.ghton and Associates elghton 4:.J �U01-'23':10-i012 Bri:!)3E 2,20 43iO3 4'v9 Lewis E--ii--raving Inc. _a*isbgra ='rof Svcs -EN 95-1:x9 rnr_; DI lE VC j[f-!F ) 40:11-40> -1200 E 'i 03E ' 11,4,915 02/20 0.3;03 278066 i-4{ 95-ii.V0 4 111/Gi{J6 'JL/LV 03iO3 '28168 #:,11111-4%; `;-1•:: Jr; �. •. :` 302E ""'1:302E � 011 / ., 67��E. i} 021, 20 - 1 0:'; ::• 2Gi 1 8--11 '1: _ 1L:'U J oc vlr'9/+j6 02 .0 Ja/UJ �_�.b -- :y '3eacr, =_,, ;.ureas ((LangBChHou E ,MAS'C 1 41D _ -2P" la:nt-D.st#41-Jan 2,950.00 'DIAL DUE VENDOR --------) 2,950.00 Jar-Frkg Cite Hearings r0 _ iOrAL SUE VENDOR -------- ) _.;.'Ot1 FlannrsInst- /5-7 1,530.00 0310:- •:" CU0tf 34F ?AL °REPAID AMOUINT --- 1,530.00 TOTAL DUE VENDOR --------) 0.00 93 Annual Dues -]TAL -,-UE Fr-�f Svcs -EN '45 -"')*6 L2�.`_i• ='rof Svcs -EN 95-1:x9 rnr_; DI lE VC j[f-!F ) Q �:ty0rfclAdge/?ins-Hrmny 45.°5 TIe-uarofalo-��L:Srary 1 . _:: Ba�gcs-'acian,Anls,Car,n n 27.:.0 eiien,eral D-• rr "CUN . ---5 .. -r. DUEVENDOF_ MtY .arakci, 7+ rr_ =TAL=•,,EFFAID AMOUNT ----) TOTAL DUE VEND_' --------) 0.00 t liME: 117,11, Z T T :"U"ID-27F NA"02 VENEUR" "r.. -'R E 4 'C"D INT rX-,,4,0 Q,ATCA Pn,; 6:;E T: An -UN T TE ------------------------------------------------------------------------------------------------------------------------------------- 1 '1-81 '1 -A lain "reet "Du. -s Raul, U 40:','-" - 2 -31 0, 2"'i 1 c"! J i - :C I CO, , 'ic r J i 1 Moonligrit Press C11 j1 -40'n-' 110 n J, jL ' pul i.'. 3'r -I., 4 '.-'%""3"')3E L 8Q,'O'-E 01/b 3853 �,;.t. 31dy United way UnitLedWay +0,'A-2110-1013 1 610303F "O 031/03 02/20 0:3/03 980 JQ New West Signal NewwestSig *250-45111-�-641121 10698 4 80303F 01/C57-119 02/2f Ol3iO3 97 -4 am N c 'l i , ija n, i - 43 58,030'.3E 0-2/20 vJ3!Q'.-)' z- Z JCJ R —51: -Oal aWat----)E x, -r - TOTAL IDUE VENDOR --------i P'Jl-k Camm Mtg i 40.0+) --------- i 40.00 Jar -;reel Ger, GOVt 14.90 jarl-'r-Liel Pl'.Ig 54.94 lian-Fluall P&R X34.13 lrJ-'TAL LL'.E -------- p- nul - TSS', ; . Icy 100. Ot.1 70TAL ;DUIE VEND-jR - _---__--I i0fi, 00 Note pads-crl'ncl AL LE E20 - -------- U n PP`-4-Payroll Dejuctioris 10:3.00 :-ijTAL ""-JE vEN1i --- -------- 10:.00 Tr=cP-;n!Const-LBarr,31dRst.i 10 209,`0 TO i AL SUE VEr�.CGR -------- 10, lg-',:z C - LLE vE.N!"OF -- -------- +** C1ty o ond Bar '** WNTHE: D0102Q/?:� 'AGE 13 ME T�R�............�yC��� VEN-DOR NAME VENDOR 12. * ^ "%PuID ^ + ACLOum7 PR8J.TX-m0 -------------- ---------------------------------------------------------------------------------------------------------------------- 8A7CM P11L{NE1110. Ew�RY/2uE [ESCRlt� '{ON MOOT EWE Cos. FC nagazwe PCI�agozxne *C01'4O3�'2�� l ��S3G 02/2� 03�8 SLbscrptn Renewal 69 37 L; 14L L�E VENDOR ----> -69.97 ��±�at�nn ErLerpri�e �entanatn *W''4090-2340 11 01/6046 O2/20 03/03 z3732 Trazninq'NewFinSys'12/3-5 2.250.00, *Cw1'40YV'2340 3 2.12/20 33/�3 14049 7.aing'NewFinSys'1/19-23 3,750.00 �VO1'��V'2340 5 8030E V2/20 03/03 14049 Trainng-NewFinSys-1/19-23 2.70Y.07 TGT4L OLE VENDOR --'---'') 8.709.07 ;itney Bowes Pitoey8uwe *001-4090-2130 6 80303[ 01/6001 v2/20 03/03 816188fb98 RentMailEqpyFldgMoch-Feb 369.90 TOTAL DLE VENDOR -- - -> J�q.9O Pomona Valley Humane Soc. PVHS *:1),14431'5403 2 80308E 01/6075 02/20 03/03 9600425ViM AnimalCntrlSvcs'March 4.959.17 TOTAL LUE VENDOR ----'-''> 4,959.17 Public Empi Retirement P�RS *OO1'2110-1�� 3 803-V3[ 02/20 03/00 PP4'Rstire Contrib-BE 3.860.34 4 02/20 0103 HP4-Retire ContriU'[R 3,6e�,14 `001-2�1O-1�0 7 80303E 02/20 03/V3 CMgr8uyBackfpb 226.18 *001'4030-CC,'90 12/20 03/V3 CmgrQRack'Feb 2!-."3,51 TOTAL DUE VENDOR -------- 8.--IZ.17 Public 'Empl Retirement �ERS *O81-2110-100 1 8*3V3C 02/20 03/03 PP34etirc Cmntrib-EE 3,861.21 2 30'3�03C 02/2O 03/03 03'Retzre Contrib-EB 3jG.96 A/0308 n4A663 TOTaL PREPAID AMOUNT --> 7'527.17 TOTAL DUE vEnDO0 — ---) 0.0O 9adio Shack 0\'3�41 Radio5hak 3 8G303E 02/20 OJ/03 23057 Te1euhoe-oodsFreeHeadset 35.92 r3T4L UUE Y94DOR''''--> 35.92 :,.alp: -is 3rQcEry Cu. �aipos �v01-4350-1200 6 80303E 01/6137 02/20 03/V3 5Y878 S`ppls'RecPrgrm 12.23 *�01'4:. 0-i20N 3 11ny lots Suppls 6150 *i)01 -435S'1200 10 80303E 01/6137 J2/20 03/03 59882 Sub Mrg 6.52 kC01'40�0'2325 4 02/20 03/03 90435 rtg --,"ppls'2/11 27.26 'qiiINTIME, D�5102/2V,9!8 v0UC�ER �Em,Gl ER /L4�,L.............C8,'@/Y8 VENDOR NAME VENDOR ILD. * ° PREPAI� ` * ACCUUNT -------------------------------------------- P88j.TX'NO DAT�� PO,LINE/aO. ~'_'_'—_' �a|R//�� ���lC[ '_'______—'-_'__ ��CSlFDL� _—________'—__ �M�UWT "ATE �71EC� —'—'__—__- �igeats of t^e iwtversicy HegsnULCLA 40g1-*5110-22:40 01/68/2 o2/20 V3/x3 37567 Subd�nMapActUpdte'2/27 �0.N) TOTAL [UE VENDOR ''--''—> 45V.00 "Rich, Joan2638 *001'3478 8 80303C 02/20 08/08 24391 ReLreatloo Refund 91.00 TOTA� �� VE -'-''---> K. .00 Richards Watson & Gershon Rzcharuswa *001-2300'1010 4 80303E 02/20 00/03 96254 Legal Svcs-FPL 97'26 81.0* »CV1-4O20'4V20 1 80303[ 142/64 U-2 02/2O 03/03 96254 3em Legal Svcs-Des 4,507.35 *001-4020-4020 280303E 13/6408 V2/2O 00/08 96254 Dev Code Lgl Svcs-Dec 345.50 *00\'4V10'��2V � SO�0S[ 14/6408 02/20 0�3'/V3f6�54 Personnel Lg} Svcs-Dec 2'7Y7.00 *001-4020-4020 4 80303E 15/6408 02/20 08/O3 96254 Cable Frnchse Ord-Oec97 520.0:0 kG41'4020'4020 5 80303[ 16/�4408 O2/2V 0J/03 96255 Cao1eFrnchseGrJ-Nov/Dec97 317.O5 4001-4020-40211 1 15/6309 02/20 03/03 911122��6 Spec Legal Sos'lPS 563.90 0|;L u� :EwL0R ----> 9.1S1.80 �6-4 eJ�1'3473 U 3/O3 24549 cm Rec,ea��RefLrd 3V.Q1O 3T4L ��E xEM�'OR } ��o Gaarzai val��/ SGvC,C *0w: 4096 2%5 Drokst 2�26 Q'I AL AlD AnOUNI T --� 1i-E ----> V.tt �m Ga�r`*l xly Tr�u��e SGvTribine *1�5-45!�'2�15 2 8O303F 01/QY8 02/20 O3/03 8O15 Ji���,��''�s��OilFr�� 117.25 v�--8 ----/ ml,ec,�e. Warren C. SiECkeW f 25,) - It 5N'6 4 12' 10 719 S 680303 01/6736 1 r --3 i n on s E/ 3S ;�0'�1O'�12 ��� 8�0���� �/��:2 �l� albrn e 01AL E16E VENI[I8 -------- ---Soart Sart& Fixal Smar &Fin1 *00I'435V'12200 12 G03R,"3F 03�� C76�5*5 tg'Suppis -:7-4iL -'UE VE^f[R -----> ��.79 1tY of C)amo-a SUN TIM i7c'_�1 0-'; 20,' )R V J J C H= .. _ G I S T- R _E i5 DUE THRU............. YENIJOR N44E VENDOR I C . ACCOUNT r^ROJ.TX-NO BATCH F'O.LINE/NC. ENIRT/DUE INVOICE CE.Ch'i"r''i0d AM'UNT DATr CHEik. ------------------------------------------------------------------------------------------------------------------------------------ Smith, Linda Kay SmitnLinda 4001-4551-2340 1 0'''0: IF Standard insurance of Gre ;tand.ardin +ti()1-2110-1005 1803103F 02/20 1113!031- 31 3/03 3 5 LID way Subway 4001-4090-2-'325 6G30:3F `'1,1Fa'.::3E C01-4''i!-2_2f, �Q0I-4090-2325 :: 01 j{;o,-)5 ,e Capitol Hilton !:a; :tallii #titi)1-4010-2230 1 c:0303G QC01-4:):0-'2`0 T,t$Jit i. �.-4J i, ;1-4VL•IJ II c;0*303-F 01,'6764 41.isoc. Traln'Sery *,Xl-4310-2J40 2 c'O__.-v;r [)1/^83175 Un.:.ersal >aste UnivWaste ';1-43_'9-22-10 3 80303F 01/6685 Valley Crest Landscape ValieyCres *250-4310-6415 06598 5 80303F :}if20 0.3/03 Q2/20 03/1j 61241..7 02,20 03/03 Pymt 6 Tuit:x Fei.Tib-Fall 97 :UiHL ilJt 'v'LNDGfi -------- 73',�O Mar-Suppl Life Ins ?rem Mar' -,.Fe Ins i'rems 441.50 ins Wren AdU-Nerrr,Harmny 5 . ,]TAL ZUE VENDOR --------? Suld4,teTa_}:Fr_e-2/9 19,95 JFi-SitePr:.gTaskFrce-2,/i1 23.5'4 4 Corn,rs Mtg-2/9 11.97 TOTAL DOE 'rt"aLOR ) 55.36 Nat'lLeageConf3/6-10-CC 'dat' 1LeageCc'rf3"-10-C ,gr L,!34.v } TOTAL DUE VENDOR --------> = 420 'eTpSvcs-1 2c'-30-F;2ceptn 345.24 _TpSvcs- /:-2/6-4eceptin 2:30.1 T O i HL 'DUE VENDOR � 575.40 ha ntTrgWk—hp2;i-Ii-Hosir 295.';'' { ?._ it La�.OR--------, - 'II MaintWt2rL',28rea'r;P+rSn il)ir.'�) ------- `CTAL LUE VENDOR -------- Pant Panteraf'rkCos,struction22,1?3.47 'TAL :UE VENIOR--------) ;,i?:3.4? 16 DUE T H R: ............... ; VEN'nflp TU -1. 00 uu"47, T PRf7j,TX-NO BATCH PO.LINE/NO. --------------------------------------------------------------------------------------------------------------------------------------- n& a:- CIA E Valia,y Crest Lam:scape valleyCre3 -4311,"41c -j, 4 -Escrow 5 77. 05 :O HL "DUE VENDOR -------- 05 a n c e Corpo a t ao, I r, -j Q St r mpr 4 0 af ab 4: Re}r?d- TISR 97-20 1X.00 T ALIJE VIENDOR -------- I g I "A E f,'J_ I 3Erv,�r 10 Jan-Fiel Cmgr 14.00 A 4uel Sen Govt n 2 16: 3 6, .,34 26 Wztmt- USage-Map!2 Hill 4 2 2 '3 O� 121 0 3 , 1-, 31 Prk, 4- 1 - 4 02, /20 ol:�!Ilfjll WEtEr Usage-SumtrdgePrk -4331-2126 1 Siv",103C 1K, 0 water Usage- Syc CynPrL.-. 10 'AL -ru!E VEN!"OR Walnut VlWater List Materbis OC,l -4440-21,2,6. 1 30303C 02/20 03/03 8616 --,'e�'-�wrEastg'-E-SiteOct--�an 47.24 "--TAL Winut Vly Water r—st WVWater[lis *001-4558-5510 1 30303C 021120 03/0.3 Walnut Viv :later Dist �4'v"WitErrjl$ *I I .29 - 4' 39 - 2 126 1 2c ;,-Irj c -J e� - 47". �*+ ma *** TImE�z/�5l����/Y� xO�CaER $EG�S[ER �AGE 3 DUE J� V[N7w"8RNA:E O88 lJ. A��OUNT BATCH �CH PO.LlNE/aG. —' ——__---_—__--_--'----'---_—_'—'_—'—__—_—______—_----_—_—_____—_-- EM�F�/�� I�� Jl�� �C-' -:�lP`I3N AMDLxT 0�E C�E[K W'a!rut :iy Wader Dist �e,.zces'Uist '.44 .��AL _'b[ VEnL�OR —'--'> Nang, Cxun�wa ��42 *001'3478 7 80303C O2/20 O3/03 24577 Recreation Refund 45.V0 Q7AL `UE V[wD0K --------/ 45.*) Wang, -;&n 2635 *A01 3478 4 80303C 02/20 03/03 Recreation Refund 166. 0`0 T['AL _'UE V[NCE8R '''''--> 160.00 Wen Cheng Lo wenChengLa 3 803C31E V2/2V V3/03 Refund Deposit FPL 97-45 13\.25 TOTAL WE VENDOR --------> 131.25 Westgate Hotel WetgateHo *001-4096-2330 2 80303C 02/20 03/03 ')CMA Con f-3/25'2o'Nelson 254.1b T,MTAL DUE VENDOR '-''''''> 2-4.l6 Wil�s, Dzane 2641 �001'347� |0 8VJ�3C 02/2b O3/o3 2��� Recreaticn Refund 25,O0 MAL GuE VENDOR --------) 2— TOT"L PREFAID ----------- T 14,2Y6.92 3rk LuE -----'--> 85/,054.45 T[IAL REPORT —'----'> 871' 37 TL','TA!- ------------ ------------ ------------ ------------ ------------ ------------ ------------ ------------ HLL '371 1 352.37 Z 640.16 744.00 I d Jh -, , It* -A. a r * r 2 7 L H I S B U R'SE "AS TED I C. s ------------ ----- -- - ---------------------- pxpc T�.CCT PAI E;: --NL,- N -- --------- ---------------------- ------------ ------------------------------------------------ PIE!�F- 1 Se --.-al curd A71-, 1 !1., 1--: 7 L 4 4 "1 17 -4 '0. r Q, u a I i I v 1 .71 P 45 399.45 11"l Prop A-rr;nsit F i i , 45 11 :-,;53.45 ,4.-"j C.I.P. ,.,Ind Q%.ri Ql;L. 71 141 LLAD 441 Fund 2, '? ,000 t,95o.00 115 int Waste Mgr,,* F 117.225 117.25 138 LLAD W"IS Fund ,dt.44 1,610.14 TL','TA!- ------------ ------------ ------------ ------------ ------------ ------------ ------------ ------------ HLL '371 1 352.37 Z 640.16 744.00 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: March 3, 1998 �K REPORT DATE: February 18,1998 FROM: Linda G. Magnuson, Assistant Finance Director TITLE: Treasurer's Report - January 31, 1997 SUMMARY: Submitted for the City Council's review and approval is the Treasurer's Statement for the month of January, 1998. RECOMMENDATION: Review and approve. LIST OF ATTACHMENTS: X Staff Report _ _ Resolution(s) _ _ Ordinance(s) _ _ Agreement(s) Public Hearing Notification Bid Specification (on file in City Clerk's office) Other: EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed _ Yes —No by the City Attorney? 2. Does the report require a majority vote? _ Yes —No 3. Has environmental impact been assessed? NIA _ Yes —No 4. Has the report been reviewed by a Commission? NIA _ Yes —No Which Commission? 5. Are other departments affected by the report? NIA _ Yes —No Report discussed with the following affected departments: REVI ED BY: DEPARTMENT HEAD: -------------- Terrence L. Belanger Frank M. Usher Linda G. Magnuson City Manager Deputy City Manager Assistant Finance Director CITY COUNCIL REPORT AGENDA NO, MEETING DATE: March 3,1998 TO: Honorable Mayor and Members of the City Council FROM: City Manager SUBJECT: Treasurer's Statement - January 31, 1998 ISSUE STATEMENT: Per City policy, the Finance Department presents the monthly Treasurer's Statement for the City Council's review and approval. RECOMMENDATION: Approve the January, 1998Treasurer's Statement. FINANCIAL SUMMARY: No fiscal impact. BACKGROUND: Submitted for the Council's review and approval is the Treasurer's Statement for the month of January, 1998. This statement shows the cash balances for the various funds, with a breakdown of bank account balances, investment account balances and the effective yield earned from investments. The City's Deferred Compensation balances which are managed by ICMA are also being reported. The City receives ICMA statements on a quarterly basis. The balances reported are as of December 31, 1997. PREPARED BY: Linda G. Magnuson CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT January 31, 1998 TOTAL CASH $20,715,762.64 Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. All funds are available for withdrawal within 24 hours. Investment in the Local Agency Investment Fund is allowed under the City's formally adopted investment policy, In May, 1997, the City's amount of investable surplus exceeded the LAIF limit of $20,000,000. As a result, the City had to invest money in an alternative investment option. While other investments options are being evaluated, these funds have been invested in a US Treasury sweep account through Wells Fargo Bank. These funds are "swept" on a daily basis from the City's bank accounts and invested overnight into an investment pool of US Treasury notes. Interest will be creditied to the City's bank account on a monthly basis. L.A.I.F - Effective Yield for December 1997 5.744% Money Market -Effective Yield for December 1997 5.136% BEGINNING 'TRANSFERS, ENDING BALANCE RECEIPTS DISBURSEMENT IN (OUT) BALANCE GENERAL FUND $12,022,956.79 $1,201,030.81 $1,149,280.74 $12,074,706.86 LIBRARY SERVICES FUND 108,573.87 1,546.22 434.28 109,685.81 TRAFFIC SAFETY FUND 0.00 11,11 11.11 GAS TAX FUND 2,388,247.25 142,481.01 2,530,728.26 TRANSIT TX (PROP A) FD 1,558,038.16 172,917.57 93,716.08 1,637,239.65 TRANSIT TX (PROP C) FD 1,989,611.43 78,720.99 (6,096.68) 2,062,235.74 ISTEA FUND (724,644.67) 734,925.10 10,280.43 INTEGRATED WASTE MGT FD 136,697.40 12,456.16 3,307.85 145,845.71 AIR QUALITY IMPRVMNT FD 116,124.95 1,494.18 6,953.07 110,666.06 TRAILS & BIKEWAYS FD (SB 821) 28,061.39 796.32 398.16 28,459.55 PARK FEES FUND 564,547.69 8,018.17 (358.74) 572,207.12 S PARKS GRANT (PRP A) FD (1,331,486.15) (752,388.81) (2,083,874.96) FACILITIES & PARK REVEL. FD 1,300,832.69 18,805.15 1,319,637.84 COM DEV BLOCK GRANT FD (216,765.17) 5,464.93 (1,210.00) (223,440.10) CITIZENS OPT -PUBLIC SAFETY FD 263,908.15 3,469.69 243.11 267,134.73 NARCOTICS ASSET SEIZURE FD 306,425.19 4,353.70 310,778.89 LANDSCAPE DIST #38 FD 330,448.50 29,898.61 6,495.64 353,851.47 LANDSCAPE DIST #39 FD 93,097.42 17,256.61 7,033.35 103,320.68 LANDSCAPE DIST #41 FD 250,650.60 15,405.63 7,203.77 258,852.46 GRAND AV CONST FUND 139,130.78 139,130.78 CAP IMPROVEMENT PRJ FD 259,793.41 769,284.64 760,054.23 250,563.00 SELF INSURANCE FUND 731,361.91 10,367.64 3,988.00 737,741.55 TOTALS SUMMARY OF CASK $20,315,611.59 $2,453,954.67 $2 053 803 62 $0.00 $20,715,762.64 DEMAND DEPOSITS: GENERAL ACCOUNT $62,385.45 PAYROLL ACCOUNT 1,048,39 CHANGE FUND 200.00 PETTY CASH ACCOUNT 500.00 TOTAL DEMAND DEPOSITS $64,133.84 INVESTMENTS: US TREASURY Money Market Acct. $657,741.32 TIME CERTIFICATES 0,00 COMMERCIAL PAPER 0.00 LOCAL AGENCY INVESTMENT FD 19,993,887.48 TOTAL INVESTMENTS $20,651,628.80 TOTAL CASH $20,715,762.64 Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. All funds are available for withdrawal within 24 hours. Investment in the Local Agency Investment Fund is allowed under the City's formally adopted investment policy, In May, 1997, the City's amount of investable surplus exceeded the LAIF limit of $20,000,000. As a result, the City had to invest money in an alternative investment option. While other investments options are being evaluated, these funds have been invested in a US Treasury sweep account through Wells Fargo Bank. These funds are "swept" on a daily basis from the City's bank accounts and invested overnight into an investment pool of US Treasury notes. Interest will be creditied to the City's bank account on a monthly basis. L.A.I.F - Effective Yield for December 1997 5.744% Money Market -Effective Yield for December 1997 5.136% CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT January 31, 1998 INVESTMENT: DEFERRED COMPENSATION ACCOUNT (AS OF 12/31/97) ICMA Retirement o=ration 457 Plan - AGGRESSIVE OPPORTUNITY FUND INTERNATIONAL FUND 6,930.64 OVERSEAS EQUITY INDEX FUND 11,701.24 GROWTH STOCK FUND 5,495.15 MID/SMALL CO. INDEX 107,245.26 BROAD MARKET FUND 8,376.70 500 STOCK INDEX FUND 17,867.86 EQUITY INCOME FUND 2,747.50 ASSET ALLOCATION FUND 8,020.14 SOCIAL RESPONSIBILITY FUND 40,417.99 CORE BOND FUND 000 US TREASURY FUND 19,990.75 CASH MANAGEMENT FUND 7,458.13 PLUS FUND 2,695.04 GUARANTEED FUND 350,990.52 CONSERVATIVE GROWTH 0.00 TRADITIONAL GROWTH 602.24 MS MOMTM GROWTH 13,441.91 MS CAPITAL APPRECIATION 2,737.30 MS GROWTH & INCOME 6,955.53 MS SP SITUATION 7,161.45 2,870.63 TOTAL OF DEPOSITS 623,705.98 Note: These investment options are at the discretion of the employees Due to the complexity of the funds, which are solely handled by ICMA, the City is only reporting the balances available in in the various instruments The reporting period reflects the most current quarter reported by ICMA to the City. TOTAL CASH AND INVESTMENTS $21,339,468.62 All investments are placed in accordance with the City of Diamond Bar's Investment Policy. The above summary provides sufficient cash flow liquidity to meet the next six month's estimated expenditures. A "Y' Terrence L. Belanger, POOLED MONEY INVESTMENT ACCOUNT SUMMARY OF INVESTMENT DATA A COMPARISON OF DECEMBER 1997 WITH DECEMBER 1996 (Dollars in Thousands) DECEMBER 1997 DECEMBER 1996 CHANGE Average Daily Portfolio $27,724,618 $27,592,674 +S131,944 Accrued Earnings $135,263 $130,624 +$4,639 Effective Yield 5.744 5.574 +.17 Average Life --Month End (in days) 201 213 -12 Total Security Transactions Amount $23,303,772 $16,123,293 +$7,180,479 Number 519 379 +140 Total Time Deposit Transactions Amount $643,490 $131,900 +$511,590 Number 56 23 +33 Average Workday Investment Activity $1,088,512 $774,057 +$314,455 Prescribed Demand Account Balances For Services $156,665 $188,668 -$32,003 For Uncollected Funds $154;167 $154,616 -$449 LOCAL AGENCY INVESTMENT FUND* SUNVEVIARY OF ACTIVITY DECEMBER 1997 BEGINNING BALANCE DEPOSITS WITHDRAWALS $10,104,040,514.71 $1,944,799,863.69 $1,152,616,938.83 *Local Agency Investment Fund Invested Through Pooled Money Investment Account MONTH END BALANCE $10,896,223,439.57 Estimated Market Value Including Accrued Interest $ 28,991,335,850.78 Repurchase Agreements, Time Deposits, AB 55 & General Fund loans, and Reverse Repurchase agreements are carried at portfolio book value (carrying cost). Certificates of Deposit (CDs), Bank Notes (BNs), and Commercial Paper (CPs) less than 90 days are carried at portfolio book value (carrying cost). Interest accrued from the date of purchase on CDs and BNs under 90 days is not included. Pooled State of California Money Investment Account Market Valuation 12/31/97 Description Carrying Cost Plus Accrued Interest Purch. Estimated Market'Value Accrued Interest United States Treasury: Bills $ 1,943,103,423.35 $ 1,973,969,916.60 NA Strips $ 73,184,450.00 $ 93,131,350.00 NA Notes $ 5,291,658,088.89 $ 5,289,911,170.00 $ 73,051,547.60 Federal Agency: Bonds $ 1,081,677,229.18 $ 1,081,639,245.50 $ 13,179,672.62 Floaters $ 265,000,000.00 $ 265,015,200.00 $ 1,741,961.60 MBS $ 145,162,959.81 $ 145,049,770.49 $ 856,986.90 GNMA $ 2,643,011.03 $ 3,042,784.32 $ 25,891.74 SBA $ 216,741,554.60 $ 218,340,022.78 $ 2,167,735.49 FHLMC PC $ 25,763,510.65 $ 27,591,159.42 $ 413,606.01 Discount Notes $ 957,178,950.89 $ 966,778,269.60 NA Bankers Acceptances $ 321,640,543.32 $ 322,542,740.98 NA Corporate: Bonds $ 1,014,851,313.75 $ 1,013,539,559.44 $ 17,276,458.14 Floaters $ 437,002,433.86 $ 436,353,835.00 $ 2,311,814.53 CDs $ 6,497,887,385.54 $ 6,493,524,034.20 $ 25,565,727.78 Bank Notes $ 930,000,000.00 $ 929,610,611.00 $ 6,200,333.33- ,200,333.33Re Repurchase urchase Agreements $ - $ - NA Time Deposits $ 1,072,795,000.00 $ 1,072,795,000.00 NA AB 55 & GF Loans $ 1,430,961,844.00 $ 1,430,961,844.00 NA Commercial Paper $ 7,281,904,059.50 $ 7,282,879,181.74 NA Reverse Repurchase $ 197,332,500.00 $ 197,332,500.00 $ 799,080.04 TOTAL 1 $ 28,791,823,258.37 $ 28,849,343,195.07 $ 141,992,655.71 Estimated Market Value Including Accrued Interest $ 28,991,335,850.78 Repurchase Agreements, Time Deposits, AB 55 & General Fund loans, and Reverse Repurchase agreements are carried at portfolio book value (carrying cost). Certificates of Deposit (CDs), Bank Notes (BNs), and Commercial Paper (CPs) less than 90 days are carried at portfolio book value (carrying cost). Interest accrued from the date of purchase on CDs and BNs under 90 days is not included. February 9, 1998 TO: City of Diamond Bar ATTENTION: Tommye Cribbins, Deputy City Clerk RE: Claim Otto v. City of Diamond Bar Claimant Alvin Otto D/Event 08 -Aug -97 Rec'd Y/Office 06 -Feb -98 Our File S -96815 -RQ We have reviewed the above captioned claim and request that you take the action indicated below: • CLAIM REJECTION: Send a standard rejection letter to the claimant. Please provide us with a copy of the notice sent, as requested above. If you have any questions please contact the undersigned. Very truly yours, CARL WARREN & COMPANY c Dwight J. Kunz cc: CJPIA w/enc. Attn.: Executive Director CARL WARREN & CO. CLAIMS MANACEMENT•CLAIMS ADJUSTERS 750 The City Drive • Ste 400 . Orange, CA 92868 Mail: P.O. Box 25180 • Santa Ana, Ca 92799-5180 Phone: (714) 740-7999 Ext. 140. (800) 572-6900 • Fax: (714) 740-9412 Neal Sobol (Member, California Bar) [dram Anthony Raldiris (Member, California Bar Member, New York Bar) Sobol & Mdiris Attorneys at Law 520 East Broadway, Suite 201 Glendale, California 91205 Telephone: (818) 547-6650 Telefax: (818) 547-0274 February 4, 1998 City of Diamond Bar City Clerk 21660 E. Copley Drive, Suite 100 Diamond.Bar, California 91765 Ventura Office 79 Daily Drive, Suite 249 Camarillo, CA 93010 (800) 640-9188 Of Counsel: Donal D. Moss v7 r Re: Claim Pursuant to Government Code Section 900, et seq. on behalf of our clients, Alvin Otto, Josephine Baldassano Dear Sir/Madam: This claim is made pursuant to Government Code Section 900, et seq. for damages sustained by our client. Name of Claimants: Claimant's Address: Send all Notices to: Alvin Otto, Josephine Baldassano 1441 Paso Real Space #18 Rowland Heights, California 91748 LAW OFFICE OF SOBOL & RALDIRIS 520 East Broadway, Suite 201, Glendale, CA 91205 Date, Place, Circumstances of occurrence: On August 8, 1997, at approximately 1:30 p.m., Claimant, Alvin Otto, was the operator of a motor vehicle heading southbound on Brea Canyon near its intersection with Pathfinder in the City of Diamond Bar. Claimant, Josephine Baldassano, was a passenger in the same motor vehicle. Claimants were struck by a Backhoe\Tractor driven by an employee of Cal Mat & Company who was backing up just prior to impact. The City of Diamond Bar maintained a dangerous condition by erecting temporary construction cones which blocked the public thoroughfare, failing to adequately warn persons traveling through the intersection of the danger of construction activity thereby creating a dangerous condition on public property by failure to adequately warn of the existence of said construction cones or provide adequate warning to persons as to the methods for safe travel through the intersection which created a substantial risk of injury when such property was used with due care in a manner which was reasonably foreseeable. Claimants exercised such due care Claiman,,i suffered bodily injury a�_- property damages. The City of Diamond Bar had actual and constructive notice of the existence of the dangerous condition in sufficient time prior to claimants' accident such that protective measures could have been taken to protect against the condition. The claimants' damages were caused by the negligent or wrongful act or omission of a City employee who created the dangerous condition within the scope of his\her employment. Nature of Damages Claimants suffered spinal injuries. Names of public employees causing loss: Unknown Amount of claim: Jurisdiction lies with the Superior Court. Thank you in advance for your prompt attention to this matter. SOBOL & RALDIRIS By Hiram Anth y Raldiris, Esq. Attorneys for Claimants CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. 6 TO: Honorable Mayor and Members of the City Council MEETING DATE: March 3, 1998 REPORT DATE: February 23, 1997 FROM: Terrence L. Belanger, City Manager TITLE: Reduction and Exoneration of Subdivision Improvement Bonds for Tract 51169 (Unionwide). SUMMARY: The Principal, Unionwide, requests reduction and exoneration of their surety bond posted for Tract 51169 located in the "Country". The Principal has performed improvements as required in their Subdivision Agreement and asks that the security amounts be exonerated and/or reduced commensurate with progress of work for these various improvements. RECOMMENDATION: It is recommended that the City Council move that: a) Bond No. 4158625 - Momuments Bond in the amount of $4,500.00 be exonerated; h) Bond No. 4158595 - Sewer/Storm Drain/Street Bond in the amount of $280,750.00 to be reduced to 570,187.50; c) Bond No. 415858S - Grading Bond in the amount of $330,608.00 to be reduced to $82,652.00; c1) Bond No. 415861 S - Landscaping Bond in the amount of $180,000.00 to be reduced to $90,000.00; and c) the City Clerk notify the Principal and Surety of these actions. LIST OF ATTACHMENTS: X Staff Report Resolution(s) Ordinances(s) Agreement(s) EXTERNAL DISTRIBUTION SUBMITTAL CHECKLIST: Public Hearing Notification Bid Specification (on file in City Clerk's Office) Other: I . Has the resolution, ordinance or agreement been reviewed N/A —Yes —No by the City Attorney? 1 Does the report require a majority or 4/5 vote? Has environmental impact been assessed? N/A Yes_ No 4. Has the report been reviewed by a Commission? N/A Yes No Which Commission.' 5 Are other departments affected by the report? __Yes x No Report discussed with the following affected departments: MZ IXIEWED BY: "I errence I_.. Belan`,e C'Ity .Manager 5 es DeStefan Deputy City Manager Majority a id G. Liu Deputy Director of Public Works CITY COUNCIL REPORT AGENDA NO. MEETING DATE: March 3, 1998 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Reduction and Exoneration of Subdivision Improvement Bonds for Tract No. 51169 (Unionwide). ISSUE STATEMENT Consider exoneration and/or reduction in security amount (surety bond) commensurate with progress of work for various improvements required in accordance with the subdivision agreement. RECOMMENDATION It is recommended that the City Council move that: a) Bond No. 415862S - Momuments Bond in the amount of $4,500.00 be exonerated; b) Bond No. 4158595 - Sewer/Storm Drain/Street Bond in the amount of $280,750.00 to be reduced to $70,187.50- c) Bond No. 4158585 - Grading Bond in the amount of $330,608.00 to be reduced to $82,652.00; d) Bond No. 415861 S - Landscaping Bond in the amount of $180,000.00 to be reduced to $90,000.00; and e) the City Clerk notify the Principal and Surety of these actions. FINANCIAL SUMMARY This action has no fiscal impact on the City. BACKGROUND In accordance with Section 66462 of the Subdivision Map Act, the City entered into agreement with the Subdivider to complete various improvements. The Subdivider guaranteed faithful performance of this agreement by posting with the City various surety bonds bonds for Grading Improvements, Monumentation, Sewer/Street/Storm Drain Improvements, and Landscape/Irrigation Maintenance. While the entirety of the agreement has not been satisfied, the Subdivider has satisfactorily completed substantial amounts of the work and has requested a reduction of the amounts, commensurate with the rate of completion, of certain bonds be authorized. DISCUSSION The following listed surety bonds are recommended for reduction: Tract No.: 51 169 Bond Number: 415859S - Sewer/Storm Drain/Street Bond Original Amount: $280,750.00 Revised Amount: $70,187.50 Reason: Installation of Sewer/Storm Drain/Street improvements are complete. The reduced amount will be sufficient to guarantee monitoring until all construction for this tract is complete. Tract No.: 51169 Bond Number: 415858S - Grading Bond Amount: $330,608.00 Revised Amount: $82,652.00 Reason: All rough grading has been completed. Only 3 of the 13 tract lots have been fine graded. The reduced amount will be sufficient to guarantee the fine grading of the remaining lots. Tract No.: 51 169 Bond Number: 415861 S - Landscaping Bond Amount: S 180,000.00 Revised Amount. $90,000.00 Reason: The Land scap1ng/Irrigat] on has been completed. However, some mitigation remains. The reduced amount will be sufficient to guarantee any mitigation and monitoring measures remaining. The following listed surety bonds are requested for exoneration: Tract No.: Bond Number: Original Amount Reason: Prepared By; Rose E. Manela 51169 415862S - Momuments Bond $4,500.00 Installation of tract monuments is complete. CITY OF DIAMOND BAR AGENDA REPORT TO: Honorable Mayor and Members of the City Council MEETING DATE: March 3, 1998 REPORT DATE: February25, 1998 FROM: Terrence L. Belanger, City Manager 6, (. f� TITLE: Award of Contract for Construction of Environmental Enhancement and Mitigation (E.E.M.) Tree Planting Project. SUMMARY: The City Council authorized the advertising of bids for the construction of the E.E.M. Tree Planting Project. Bids were received from four (4) contractors, which were opened and publicly read on February 24,1998. Bids ranged from $171,461 to $259,091.60. The lowest responsible bidder is Terra -Cal Construction, Inc. Construction is being funded with a state E.E.M. Grant, which specifies that 421 trees will be planted and an irrigation system will be installed for this project. RECOMMENDATION: It is recommended that the City Council award the contract for the Construction of the Environmental Enhancement and Mitigation Tree Planting Project to Terra -Cal Construction, Inc. in the Amount of $171,461, plus a contingency amount of $10,000 (5.8%). LIST OF ATTACHMENTS: x Staff Report _ Public Hearing Notification _ Resolution(s) _ Bid Specification (on file in City Clerk's office) _ Ordinance(s) x Other: Bid Results x Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been x Yes No reviewed by the City Attorney? _ 2. Does the report require a majority vote? x Yes No 3. Has environmental impact been assessed? NIA Yes _ No _ 4. Has the report been reviewed by a Commission? Yes _ x No _ Which Commission? 5. Are other departments affected by the report? Yes x No _ Report discussed with the following affected departments: REVIEWED BY: %A"� Terrence L. Belang r City Manager -i mes DeStefano Deputy City Manager Bo se Community Services Director CITY COUNCIL REPORT MEETING DATE: March 3, 1998 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Award of Contract for Construction of Environmental Enhancement and Mitigation (E.E.M.) Tree Planting Project Issue Statement: The City requires a qualified contractor to construct the E.E.M. Tree Planting Project. Recommendation: It is recommended that the City Council award the contract for the construction of the Environmental Enhancement and Mitigation Tree Planting Project to Terra -Cal Construction, Inc. in the amount of $171,461, plus a contingency amount of $10,000 (5.8%). Financial Summary: The E.E.M. Tree Planting Project is funded with a state grant, which totals $200,000. The contract and contingency amount totals $181,461. In order to stay within the total $200,000 budget for this project, a deductive change order for value engineering will be processed with Terra -Cal Construction in the amount of $23,056. This change order will result in a contract amount of $158,405 (including contingency). A deductive change order with Hirsch & Associates, the project designer, will be processed for $3,005. This will reduce the cost of the existing contract with Hirsch & Associates to $26,795 Inspection services will cost $14,800(including contingency) . The total cost of the project will be $200,000. This includes contingency amounts that total $11,000. Background: At its meeting on February 3, 1998 the City Council adopted Resolution No. 98-06 approving the plans and specifications for the Environmental Enhancement Mitigation (E.E.M.) Tree Planting Project and directed the City Clerk to advertise to receive bids. Bids were received from four (4) contractors, which ranged from a low of $171,461 to a high of $259,091.60. The lowest responsible bid was submitted by Terra -Cal Construction, Inc. References have been checked and the contract is prepared to be awarded. Discussion: Plans call for the planting of 394 trees along the 57 Freeway from Cold Spring Lane to the 60 Freeway interchange. An additional 27 trees will be planted at the north and south on and off ramps of the Brea Canyon Road / 60 Freeway interchange. A total of 421 trees will be planted during this project. Irrigation lines to water the new trees will be connected to Caltran's existing water irrigation system located in the planting area. The species of trees that will be planted and quantities include: Coast Live Oak (148), California Black Walnut (131), California Sycamore (83) and California Pepper (59). The project should be completed by April 30,1998 Prepared, by: Bob Rose, Community Services Director AGREEMENT The following agreement is made and entered into, in duplicate, as of the date executed by the Mayor and attested to by the City Clerk, by and between Terra -Cal Construction, Inc. hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY." WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and declared on the date specified in the notice; and WHEREAS, City did accept the bid of CONTRACTOR Terra -Cal Construction, Inc. and; WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the Environment Enhancement and Mitigation Tree Planting_ Project in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Environmental Enhancement and Mitigation Tree Planting Project in the City of Diamond Bar. The work to be performed in accordance with the plans and specifications, dated 2/3/98 (The Plans and Specifications) on file in the office of the City Clerk and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Engineer. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The Plans and Specifications are incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The Plans and Specifications, CONTRACTOR'S Proposal dated February 24, 1998, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 3. TERMS OF CONTRACT The CONTRACTOR agrees to complete the work within 45 calendar days from the date of the notice to proceed. The CONTRACTOR agrees further to the assessment of liquidated damages in the amount of five hundred ($500.00) 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 agreement. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the CONTRACTOR or any sub -contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) CONTRACTOR'S Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is admitted to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in form satisfactory to the City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by 3 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. C. The CONTRACTOR shall, within ten (10) days from the date of the notice of award of the Contract, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The CONTRACTOR shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general pre- vailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. The CONTRACTOR is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other CONTRACTOR'S on the public works site are making such contributions. The CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. 4 Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any sub -contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub - CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees ("Idemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen or employees of the CONTRACTOR, of his subcontractor's or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. The CONTRACTOR will indemnify Indemnitees against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the CONTRACTOR, his agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City. In connection therewith: a. The CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection 5 therewith. b. The CONTRACTOR will promptly pay any judgment rendered against the CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of the CONTRACTOR hereunder, and the CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. C. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against the CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, the CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising our of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. 10. NON-DISCRMNATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the CONTRACTOR for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with CONTRACTOR'S Proposal dated February 24, 1998 . 12. ATTORNEY'S FEES: In the event that any action or proceeding is brought by either party to enforce any term of provision of the this agreement, the prevailing party shall recover its C. reasonable attorney's fees and costs incurred with respect thereto. 13. TERMINATION: This agreement may be terminated by the City, without cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of termination specified in the notice. In the event of such termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. 7 Fab -28-96 12:33 city of 0lamond Bay ._.9,09.661-31 ii IN WnNFSS WHMOF, the partia,4 bercto bavc exocutW this Agroeme� with all tho formalitiu rcgairod by law on the MSPxtive dates soy fob oppWte their sipnabM. State of Colifomix °CON[RACfOR'S" License No, ��.. Dune Date TrrLE CITY OF DIAMOND BAR. CALWORNIA By: MAYOR ATTEST: By- CITY CLERK CONTRACTOR'S Businta` Phone .— Bmerlewy Phone at which CONTRACTOR cart be reWJW at anytime ��— APPROVED AS TO FORM: CTTY ATTORNEY 8 r CITY OF DIAMOND BAR. CALWORNIA By: MAYOR ATTEST: By- CITY CLERK CONTRACTOR'S Businta` Phone .— Bmerlewy Phone at which CONTRACTOR cart be reWJW at anytime ��— APPROVED AS TO FORM: CTTY ATTORNEY 8 CITY OF DIAMOND BAR . BID OPENING LOG SHEET f - BID OPENING DATE: February 24, 1998 2.00 p.m. Environmental Enhancement and Mitigation PROJECT NO.: Trap- Plan inq Prroiect a N 07. SS's, va A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 17. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 18. Performance Evaluation. For any contract in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 19. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 20. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 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 a = ommm WJ Damn . l'.. 5 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. 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 will 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. IN WTTNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "City" ATTEST: CITY OF DIAMOND BAR By: By: City Clerk Mayor Approved as to form: "CONSULTANT" By: City Attorney By: Its: CITY OF DIAMOND DAR AGENDA REPORT TO: Honorable Mayor and Members of the City Council MEETING DATE: March 3, 1998 REPORT DATE: February24,1998 FROM: Terrence L. Belanger M.0 TITLE: Award of Professional Services Agreement for Inspection Services for Environmental Enhancement and Mitigation (E.E.M.) Tree Planting Project SUMMARY: The City released a Request For Proposals (R.F.P.), which was mailed to 9 construction inspection firms, to obtain an inspector for the E.E.M. Tree Planting Project. Two (2) proposals were submitted in response to the R.F.P. Staff reviewed the proposals and interviewed the only qualified firm. The most qualified firm for this contract is D&J Engineering. RECOMMENDATION:. It is recommended that the City Council award a contract for inspection services for the E.E.M. Tree Planting Project to D&J Engineering in an amount not to exceed $13,800, plus a contigency amount of $1,000 for a total authorization of $14,800. LIST OF ATTACHMENTS: x Staff Report _ Public Hearing Notification _ Resolution(s) _ Bid Specification (on file in City Clerk's office) _ Ordinance(s) x Other: Proposal, R.F.P, x Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been x Yes _ No reviewed by the City Attorney? 2. Does the report require a majority vote? x Yes _ No 3. Has environmental impact been assessed? _ Yes x No 4. Has the report been reviewed by a Commission? _ Yes x No Which Commission? 5. Are other departments affected by the report? _ Yes x No Report discussed with the following affected departments: REVIEWED BY: t' 4v�p Terrence L. Belanger es DeStefano City Manager Deputy City Manager DEPARTM HEAD: ob se Community Services Director CITY COUNCIL REPORT MEETING DATE: March 3, 1998 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Award of Professional Services Agreement for Inspection Services for Environmental Enhancement and Mitigation (E.E.M.) Tree Planting Project Issue Statement: The City requires a qualified inspector for the construction of the E.E.M. Tree Planting Project. Recommendation: It is recommended that the City Council award a contract for inspection services for the E.E.M. Tree Planting Project to D&J Engineering in an amount not to exceed $13,800, plus a contigency amount of $1000 for a total authorization of $14,800. Financial Summary: The E.E.M. Tree Planting Project is funded with a state grant wich totals $200,000. Project costs will remain within the $200,000 grant amount after the award of this contract. Background: The City of Diamond Bar has been awarded an Environmental Enhancement and Mitigation grant from the State of California, has developed plans and specifications to plant 421 trees and install an irrigation system, and has received bids from contractors to construct the project through the sealed bid process. In order to ensure that the contractor constructs the project according to specifications, the City requires an inspector. The City released a Request For Proposals (R.F.P.) to 9 firms. Two (2) firms submitted proposals in response to the R.F.P. The proposals were reviewed by staff and the only qualified firm was interviewed. Staff has deemed the most qualified firm to provide inspection services for this contract to be D&J Engineering. Discussion: Plans call for the planting of 394 trees along the 57 Freeway from Cold Spring Lane to the 60 Freeway interchange. An additional 27 trees will be planted at the north and south on and off ramps of the Brea Canyon Road 160 Freeway interchange. A total of 421 trees will be planted during this project. Irrigation lines to water the new trees will be connected to Caltran's existing water irrigation system located in the planting area. The species of trees that will be planted and quantities include: Coast Live Oak (148), California Black Walnut (131), California Sycamore (83) and California Pepper (59). The project should be completed by April 30,1998 D& J Engineering has related experience inspecting five other similar construction projects The project is scheduled to be completed by April 30, 1998 Prepared by: Bob Rose, Community Services Director Request for Proposals Inspection Services for Environmental Enhancement and Mitigation Program Irrigation Installation and Tree Planting Project Along Route 57 and 60 Freeways in Diamond Bar. The City of Diamond Bar is seeking an inspector for its Environmental Enhancement and Mitigation Tree Planting and Irrigation Installation project along State Routes 57 and 60. All work must conform to California Transportation Commission Standard Specifications, 1995 edition. The firm or individual selected for this contract must have extensive experience with similar projects in the Caltrans right -of --way and a thorough understanding of the California Transportation Commission Standard Specifications. GENERAL BACKGROUND The City of Diamond Bar intends to plant approximately 421 trees and install a reclaimed water irrigation system along State Route 57 from Cold Spring Lane to State Route 60 Interchange and at the Brea Canyon Road on/off ramps and State Route 60. Construction project will last 45 calendar days and will be followed by a 30 day plant establishment period. Irrigation system will connect . to existing Caltrans irrigation system, with equipment up -grades. Project has been designed by Charles Foley of Hirsch and Associates, (714) 773-0973. Project will be managed by City of Diamond Bar/Bob Rose, Community Services Director (909) 396-5694. Bid opening for the project is scheduled for Tuesday, February 24, 1998 at 2:00p.m. Award of contract is scheduled for the City Council meeting on Tuesday, March 3, 1998. Pre -construction meeting to kick off this project is scheduled for Wednesday, March 4, 1998 at 2:00p.m. SCOPE OF SERVICES Attend pre -construction meeting with construction contractor, which includes a site visit. City of Diamond Bar 1 Request for Proposal - Inspection Services for EEM Rte 57 Tree Planting Project 2. Inspect work of construction contractor on a daily basis to ensure compliance with plans and specifications. 3. Ensure that all safety precautions per Caltrans "Manual of Traffic Controls" are followed. 4. Perform all required performance tests of system before authorizing work to proceed to the next step. 5. Inspect all planting material at nursery prior to delivery to site, and again after delivery to site, and approve for delivery/planting. 6. Verify number of units for all materials planted or installed on project prior to City's payment of progress payments. 7. Submit weekly written report on progress of project. 8. Attend weekly meeting with City staff and Caltrans officials to review status of project. 9. Issue stop notices, if conditions warrant such actions, to ensure a properly constructed project and safe working conditions for the contractors and motorists on the State routes. 10 Attend final walk through and develop punch list for completion of project. 11. Sign off on the project when project is completed and recommend acceptance to the City and Caltrans 12. Work with the contractor and the architect to ensure that as -built drawings are being up -dated during the project and are turned over to the City and/or Caltrans at project completion. 13. Ensure that contractor turns over to the City and/or Caltrans all equipment items per specifications required for the operation of the system after acceptance of the project. 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. * Name and qualifications of the inspector that will be providing the inspection services, including resume City of Diamond Bar 2 Request for Proposal - Inspection Services for EEM Rte 57 Tree Planting Project * Scope of Services * Proposed Fee * Breakdown of Proposed Fee by task and hourly rate. * Experience of the inspector with similar Cal Trans projects. * Inspector's capabilities relative to performing the required work as currently scheduled. * At least three references for similar work SUBMITTAL DEADLINE Interested firms or individuals must submit four copies of the proposal to: Bob Rose, Community Services Director City of Diamond Bar 21660 E. Copley Drive, Ste 100 Diamond Bar, CA 91765 Proposals are due by: Thursday, February 19, 1998 at 4:00p.m. SELECTION CRITERIA Selection of the firm or individual 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 or individual inspecting similar projects constructed in the Cal Trans right -0f --way. 3. Availability of inspector to complete the inspection work for this project as scheduled. 4. Information obtained from references. 5. Willingness to enter into standard City of Diamond Bar Consulting Services Agreement. 6. Reasonableness of the proposed fee. 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 City of Diamond Bar 3 Request for Proposal - Inspection Services for EEM Rte 57 Tree Planting Project reject any or all 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 State of California E.E.M. Program funds and requires work in the Cal Trans right-of-way, the selected firm or individual shall comply with all applicable State of California E.E. M. Program requirements and regulations and Cal Trans standards. QUESTIONS All questions concerning this RFP should be directed to Bob Rose, Community Services Director at (909) 396-5694. Attachment: Consulting Services Agreement Project Map City of Diamond Bar 4 Request for Proposal - Inspection Services for EEM Rte 57 Tree Planting Project CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of March 3, 1998 by and between the City of Diamond Bar, a municipal corporation ("City") and D&J Engineerin¢, ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City as set forth in Exhibit "A." B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "B." B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "B." 2. Term of Agreement. This Contract shall take effect March 3, 1998, and shall continue until June 30, 1998, unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "B." Payment will be made only after submission of proper monthly invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed thirteen thousand eight hundred dollars ($13,800). Plus a contingency amount of $1,000, for a total of $14,800. 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 vM Wnew &/l oven . Consultant: D&J Engineering 556 N. Diamond Bar Blvd Suite #301 Diamond Bar, California 91765 6. Status as Independent Consultant. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Consultant shall perform all work to the highest professional standards and in a manner reasonably satisfactory to the City Manager or the City Manager's designee. 8. Indemnification. Consultant is skilled in the professional calling necessary to perform the services and duties agreed to be performed under this Agreement, and City is relying upon the skill and knowledge of Consultant to perform those services and duties. To the fullest extent permitted by law, Consultant hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Diamond Bar and its elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively • Indemnitees• ) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Consultant or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to this Agreement or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be 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 l�.r 2 Civil Code § 2782(a) or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Consultant, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Consultant regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. In the event there is more than one person or entity named in the Agreement as a Consultant, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence; and (5) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy (ies) as to comprehensive general liability, property damage, automobile liability, and professional liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non - renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. Consultant agrees that if it does not keep the insurance in full force and effect, and such insurance is available at a reasonable cost, City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Consultant and the cost of such insurance may be deducted, at the option of City, from payments due Consultant. C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that 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 arm oenaooa V l w P-1 3 Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 13. Termination. City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 15. 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. CITY OF DIAMOND BAR AGENDA REPORT AGENDA REPORT G 7 TO: Honorable Mayor and Members of the City Council MEETING DATE: March 3,1998 REPORT DATE: February 24,1998 FROM: Terrence L. Belanger, City Manager TITLE: Extension of Assessment Engineering Services with GFB-Friedrich and Associates, Inc. for Landscaping Assessment District Numbers 38, 39 and 41 SUMMARY: The City of Diamond Bar has an annual program for the maintenance of public improvements and intends to continue said program by special assessments upon lands within the City's Landscaping Assessment District Nurnbers 38, 39 and 41. Funds must be provided to enable these Disbicts to continue their operation and mdnfenance. Furtherlmore, to accomplish the work it is necessary to extend the services with GFB-Friedrich and Associates, Inc. for the annual assessment engineering services. RECOMMENDATION: That the City Council approve Amendmere No.1 for professional engineering services contract with GFB-Friwft and Associates, Inc. in an mount noA exceed $11,200, $9,250, and $9,250 for Fiscal Years 1998-99,1999-2000, and 2000-2001 respectively, a contract amendment total of $29,700 plus a contingency amount of $3,000. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification _ Resolution _ Bid Spm _ Ordinances(s) _ Other: X Agreements) 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 415 vote? Majority 3. Has environmental impact been assessed? WA _ Yes _ No 4. Has the report been reviewed by a Commission? NIA _ Yes _ No Which Commission? 5. Are other deparbnents affected by the report? NIA _ Yes _ No Reoort discussed with the following affected denarh*nts: REVIEWED BY: Terrence L. Belan City Manager Works c1noau►Y#AEN-10D3Mi.= ('f� t J J '(Q De Deputy City Winager }y . Vld . Liu Deputy Director of Public CITY COUNCIL. REPORT Agenda No. MEETING: March 3, 1998 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Extension of Assessment Engineering Services with GFB-Friedrich and Associates, Inc. for Landscaping Assessment District Numbers 38, 39 and 41 ISSUE STATFIA ENT: The City desires to continue its annual program for the maintenance of public improvements upon lands within the City's Landscaping Assessment Districts 38, 39, and 41. To accomplish the work, it is necessary to extend the services with GFB-Friedrich and Associates, Inc. (GFB) for the annual assessment engineering services. RECOAVOENDATION: That the City Council approve Amendment No. 1 for professional engineering services contract with GFB-Friedrich and Associates, Inc. in an amount not -to -exceed $11,200, $9,250, and $9,250 for Fiscal Years 1998-99, 1999-2000, and 2000-2001 respectively, a contract amendment total of $29,700 plus a contingency amount of $3,000. "I�W—� j—kV1 MV" The revenues generated by these Districts will pay for the cost. There will be no impact on the City's General Fund. BACKGROUNDMISCUSSION: The City has an annual program for the maintenance of landscaping as well as open space improvements, and intends to continue the program by special assessments upon lands within the City. Funds must be provided to enable District Numbers 38, 39 and 41 to continue their operation and maintenance on an annual basis. Please see Exhibits A-1, A-2, and A-3. In conjunction with these districts, the City needs to extend the services with GFB for the annual assessment engineering services. GFB has been providing the annual. assessment engineering services for the City since FY 1994-95. The provisions in the current contract allow for two to four one-year extensions. GFB has extensive public finance experience which includes forming ASSESSMENT ENGINEERING SERVICES MARCH 3, 1998 PAGE 2 and updating public finance district proceedings for various public agencies. As in the past, Mr. John Friedrich will be the Assessment Engineer for the City of Diamond Bar. Key tasks placed upon the assessment engineer include: • Strategy Meeting to discuss assessment methodology, capital improvement budgets, proposed operation and maintenance budgets, etc. • Prepare a Landscaping Inventory Map for each assessment district. Information showing type and location of landscaping being maintained by the respective districts (FY 1998-99 only) will be prepared. • Prepare Engineers Reports which will contain the description of proposed improvements, cost estimate, method of assessment, assessment roll, and diagram. • Attend Public Meeting and Public Hearing. • Place menta on County Assessor's Roll and submit final rolls to the City. It is the recommendation of staff that the City retain GFB to continually provide the annual assessment engineering services based on the expertise of the firm, and its overall understanding of the community. Prepared By: David (W_ ran C:\ W P60UINDAKAY\CCA-98\D3841.303 Cl) al 6 Z CO If its! z t cis w AC LU 0 0 U - x ca LU cn z LU Q>- 0 LU 03 cn CO Cj)LL. W cn �?e Cl) _ __ SHEET 1 OF 1 SMEET EXHIBIT "A-2" ASSESSMENT DIAGRAM SSESSMENT DISTRICT N0.39 FISCAL YEAR 1997-98 for the CITY OF DIAMOND BAR �wlws r..cx .rq• .s •a.w! n �++ •qU! Ng110./ p.tl. MOMi.l. M Nq/gRl.u1C4 Wq OM MI � t.l ...111! c01I1ty Ygl1M. or 7w an cLil1 p /M On p D •• h •MGINt, i1•II p CrMOq.•. Twi! C" CLEM p 4M On 0.014!10.0"a I OF 1M COUM lH011m cOwn p 10$ c•urpl.• ny 0•, p —'I— GF&FRIEDRICH SHEET 1 OF t SHEET EXHIBIT "A-3" ASSESSMENT DIAGRAM A SSESSMENT DISTRICT N0.41 FISCAL YEAR 1997-98 for the CITY OF DIAMOND BAR 1w/ .fslfswtt . ... f0. /.C. for 0. A—,w�1ww M Co WT O M .Sflf94Dwf f.K/f —40. AH * .1 M uwT w—.w 1119.Y1fW.'f ditf. M f-lf .H Ow.1wY0w91p1 I.Cw 101 d 1.K1f O. 4W w.nw M ditKi.M fwOww Ow M .991990.'9 r.Klf -.f9 Ow wll w M dfK! d M lOf �w0lflf COW.11 YSIf90.. +u[.v martfr v rw1 urr v owloe 9w f» fllq N T.S wGOUMiwMo fFF wd tM1ufC0R-Y+dti ia..9.._a�o CR1NM d M artdW oww ftso M M 0 -Cl w TM coufn .1at0.. caurin of l0$ A -Wt. 91.11 w C.1YOM., TM wf w CTr CU.e d Tw/ an n v.11o.o w GF&FRIHDRICH ; & ASSOC., INC. I 1�NT NO. 1 TO THE CITY'S PROFESSIONAL SERVICES AGREBa[BNT FOR ASSESSMENT ENGINEBRIM SERVICES This Amendment No. 1 to the City's Professional Services Agreement is made and entered into this day of , 1998, between the CITY OF DIAMOND BAR, a Municipal Corporation (hereinafter referred to as "CITY") and GFB-Friedrich a Associates, Inc. (hereinafter referred to as "CONSULTANT"). A. Recitals: (i) The CITY has heretofore entered into an agreement, with GFB-Friedrich & Associates, Inc. to provide Assessment Engineering Services for Landscaping Assessment District Mos. 38, 39, and 41, dated March 21, 1995 ("SAID AGRBEMF'1UN hereinafter). (ii) CONSULTANT has submitted a proposal ("PROJECT" hereinafter), a full, true and correct copy of which is attached hereto as Exhibit "B" to provide Assessment Engineering Services for the 1998-99, 1999-2000, and 2000-2001 Fiscal Year Updates. NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT: Section B: Subsection 3(a) and 7 are hereby amended to read in words and figures, as follows: "3. (a) To pay CONSULTANT a maximum sum of $29,700 for the performance of the services required hereunder. This sum shall cover the cost of all staff time and all other direct and indirect costs or fees, including the work of employees, consultants, and subcontractors to CONSULTANT. Payment to CONSULTANT, by CITY, shall be made in accordance with the schedule set forth below." 87. Notices Md Designated Representatives: Any and all notices, demands, invoices and written communications between the parties hereto shall be addressed as set forth in this paragraph 7. The below named individuals, furthermore, shall be those persons primarily responsible for the performance by the parties under this Agreement: CITY: David G. Department of Community City of Diamond Bar 21660 E. Copley Drive, Diamond Bar, CA 91765 Liu and Development Services Suite 190 CONSULTANT: John A. Friedrich GFB-Friedrich Associates, Inc. 6529 Riverside Ave., #230 Riverside, CA 92506 Any such notices, demands, invoices and written communications, by mail, shall be deemed to have been received by the addressee forty-eight (48) hours after deposit thereof in the United States mail, postage prepaid and properly addressed as set forth above." Each party to this Supplemental Agreement acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Supplemental Agreement shall be valid and binding. Any modification of this Supplemental Agreement shall be effective only if it is in writing signed by the parties. IN WITNESS WHEREOF, the parties hereto have executed this Supplemental Agreement as of the day and year first set forth above: APPROVED AS TO FORM: By: City Attorney CITY OF DIAMOND BAR City Manager DATE• C:\WP60\LINARAY\AGREE-98\ANSNDGFB.303 2 CONSULTANT: GFB-Friedrich & Associates, Inc. GFB-Friedrich & Associates, Inc. Principal GFB-FRIEDRICH & ASSOC., INC. CONSULTING CIVIL ENGINEERS February 23, 1998 �. Kbb 24 1993 Mr. David Liu, P.E. rrr r. City of Diamond Bar . . Department of Public Works 21660 East Copley Drive, Suite 190 Diamond Bar, CA 91765-4177 Subject: Proposal to Provide Assessment Engineering Services for the 1998-99, 1999-2000 and 2000-2001 Fiscal Year Updates of Landscaping Assessment District Nos. 38, 39 and 41 in the City of Diamond Bar. Dear Mr. Liu: GFB-Friedrich & Assoc., Inc. is pleased to submit this proposal to provide assessment engineering services to the City of Diamond Bar (City) for the 1998-99, 1999-2000 and 2000-2001 Fiscal Year updates for the subject assessment districts. The maintenance to be financed includes landscape maintenance in public rights -of -ways and parks, including irrigation, mowing, trimming, disease control, etc. and maintaining appurtenant structures. Also included will be salaries for maintenance employees and/or contractors and the cost of required tools, equipment and supplies. The FY 1998-99 estimate of City expenses to be assessed in Landscaping Assessment District No. 38 is approximately $261,250, with approximately 17,415 parcels subject to the proposed assessment. The following material includes the Work Plan, Schedule and Project Fee required to update the subject assessment districts. GFB-Friedrich's proposed project team is described in the Project Staffmg section. Additionally, this proposal takes into account the new requirements and exemptions found in Proposition 218. WORK PLAN GFB-Friedrich is proud of the high level of service and responsiveness that we provide to our clients. It is our intent to provide a complete scope of services from creation of the current fiscal year's property owner data base and a comparison with the previous fiscal year's property owner data base, to preparation of the Engineer's Report and associated maps, to attendance at City Council meetings when Resolution of Intention is adopted and public hearing is conducted, and through confirmation of the assessments, and placement of the assessments on the Los Angeles County tax rolls. The assessment districts include Landscaping Assessment District No. 38 (a City-wide district), and Landscaping Assessment District Nos. 39 and 41, which are project 6529 RIVERSIDE AVENUE - SUITE 230 - RIVERSIDE, CALIFORNIA 92506 (909) 781-0811 - FAX (909) 781-8435 Mr. David Liu, P.E. February 23, 1998 Page 2 specific. Following is a detailed description of the specific tasks that we propose to provide to update the aforementioned assessment districts, pursuant to the Landscaping and Lighting Act of 1972. This Scope of Services and the proposed Project Schedule are prepared under the assumption that the City will not increase the assessments above the FY 1997-98 level, which means that the Proposition 218 exemptions can be maintained and noticed public hearings are not required. 1. Prepare request for computer tape of property owner information from Los Angeles County Assessor (to be signed by City). One tape will cover all three assessment districts. 2. Attend "kick-off" meeting with City staff to obtain existing data and maps and to determine the City's expectations for these projects. In coordination with the City, identify the works of improvement which would be eligible for inclusion in each FY 1998-99 assessment district program. 3. Transmit Los Angeles County Assessor's computer tape to Rapid Data, Inc. (our data processing sub -consultant) for processing and creation of research hardcopies for each assessment district. Rapid Data will compare the current property owner information with the 1997-98 information that we have on file from last year to discover changes in Assessor Parcel Numbers, land use, etc. 4. Prepare an assessment diagram for each assessment district encompassing all of the property within each district. 5. Prepare landscaping inventory maps for each district showing type and location of landscaping being maintained by the respective districts (FY 1998-99 only). 5.a. Hand enter data for defining districts, land use or other special requirements. 6. Prepare an estimate for each assessment district including costs of annual maintenance, operation and administration (in conjunction with City staff), and incidental costs for inclusion in each Engineer's Report. 7. Prepare an Engineer's Report for each assessment district which will contain the description of proposed improvements, cost estimate, method of assessment, assessment roll, and assessment diagram. Submit to City staff and other consultants for review prior to adopting the Resolution of Intention. Submit unbound hardcopy and computer disk file for each Engineer's Report. Mr. David Liu, P.E. February 23, 1998 Page 3 8. Prepare resolutions utilizing previously -used material and comparable resolutions in GFB- Friedrich's files. Provide resolutions on computer disk. 9. Attend City Council meeting at which Resolutions of Intention are adopted. At this meeting, the Public Hearing date(s) will be set, and the Engineer's Reports will be preliminarily approved. Make presentation as necessary. 10. Amend Engineer's Report to reflect any changes in the improvements to be maintained or incidental costs. Re -spread assessments as required. Submit revised Engineer's Report to City and other project team members prior to Public Hearing. 11. Prepare Resolution Confirming the Levy of Assessments for each district. Provide resolutions on computer disk. 12. Attend City Council meeting at which Public Hearing is conducted. Make presentations as required. 13. Upon confirmation of each of the 1972 Act assessment rolls, provide services to place the current fiscal year's assessments on the Los Angeles County tax roll and file the assessment diagrams with the County Auditor. 14. Coordinate with City staff and other necessary project consultants. 15. Project administration and meetings (three staff meetings are anticipated in addition to the two City Council meetings described above). 1. Obtain computer tape of property owner information from Los Angeles County Assessor's Office (GFB-Friedrich will prepare request form and provide a check for required amount to expedite this task). 2. Up-to-date maps, reports, resolutions and other data relating to the project. 3. A reproducible map of the City, suitable for photographing on mylar. 4. Provide appropriate input for estimates of maintenance and servicing of improvements for inclusion in each Engineer's Report. 5. Other consultants whose services are required to complete the project. 6. Environmental documentation to meet CEQA requirements, if necessary. Mr. David Liu, P.E. February 23, 1998 Page 4 PROJECT SCHEDULE Following is our proposed project schedule that takes into account the requirements of the 1972 Act as well as other requirements mandated by law including the exemptions allowed by Proposition 218. This tentative FY 1998-99 schedule will be firmed up after consultation with City staff. This schedule assumes City Council meetings on the first and third Tuesday of each month. All dates given below are in 1998. The 1999-2000 and 2000-2001 fiscal year schedules will be similar. Prepare request for L.A. Co. Assessor's computer tape Start --- Comp March 4 Attend "kick-off" meeting, on or about --- March 6 Rapid Data processes property information March 18 April 3 Adopt Resolutions of Initiation --- April 7 Prepare opinions of construction costs April 17 April 21 Prepare Engineer's Reports March 28 May 11 Prepare required resolutions May 4 May 11 File Engineer's Reports and resolutions with City Clerk --- May 12 Adopt Resolutions of Intention and make presentations -- May 19 Amend Engineer's Report, if required May 20 June 5 File Amended Engineer's Reports with City Clerk, if required --- June 9 Attend Public Hearings and make presentations --- June 16 Prepare confirmed assessments for collection by L.A. County June 17 June 30 Submit assessments to L.A. Co. Auditor, on or about --- July 6 Submit corrected assessments, if any, to L.A. Co. Auditor, no later than --- August 10 Mr. David Liu, P.E. February 23, 1998 Page 5 PROJECT STAFFING GFB-Friedrich is pleased to commit the following staff members to the City Of Diamond Bar for the completion of these assessment district updates. Mr. John Friedrich, P.E., President and General Manager of GFB-Friedrich, will be the Project Manager and Assessment Engineer. He will be responsible for overall project coordination, project quality, client contact, assessment engineering, attendance at public hearings and meetings, and for bringing in the project on-time and within budget. Assisting Mr. Friedrich with field reviews and preparation of the assessment diagrams will be Mr. George Wells. Mr. Wells is a Designer/CAD Drafter and has been a member of the staff of GFB- Friedrich for the past eight months. Mr. Wells and Mr. Friedrich have worked together at two other consulting firms. His capabilities are well known to Mr. Friedrich. Computer-related duties will be performed by Rapid Data, Inc., of Redlands. Such duties include the translation of the County Assessor's computer tape, maintenance of ownership data base, preparation of notices and generation of assessment spreads and rolls. Formed in 1962, Rapid Data does all of the computer work for GFB-Friedrich's larger assessment district projects (over 500 parcels). Ms. Marjorie Hollinger, Principal and Owner, will be in charge of Rapid Data's work. The staff listed above will be assisted by other engineers, designers, drafters and clerical staff from GFB-Friedrich as required. If you wish to review our resumes or our related experience, we will be happy to supply such information. PROJECT FEE The proposed FY 1998-99 project labor fee for completing the tasks outlined in the Scope of Work is $6,150, . GFB-Friedrich proposes to invoice the City monthly on a time and materials not to - exceed basis for work completed during the previous month. Labor fees will be based on GFB- Friedrich's "Schedule of Hourly Rates," dated August 1, 1997, and attached hereto as Exhibit "A." Reimbursable outside costs such as blueprinting, printing, binding, photo duplicate mylars, mileage, courier service, County fees, and other miscellaneous outside costs will be invoiced at our cost. Sub -consultants, such as Rapid Data, Inc. will be invoiced at our cost plus ten percent (10%). The estimated budget for reimbursable outside costs is $400. and for sub -consultants (including Rapid Data) is $2.700.OO. Therefore the total proposed FY 1998-99 fee is $9,250.00. A tabular listing of the fee for Fiscal Years 1998-99 through 2000-01 is given below. Mr. David Liu, P.E. February 23, 1998 Page 6 Rapid Data Outside Total Fiscal Year Labor Fee Fee Costs Fee Services 1998-99 $6,150.00 $2,700.00 $400.00 $9,250.00 Annual Update $1,700.00 $250.00 $1.950.00 Landscaping Inventory $11,200.00 Maps 1999-00 $6,000.00 $2,700.00 $550.00 $9,250.00 Annual Update 2000-01 $6,000.00 $2,700.00 $400.00 $9,250.00 Annual Update Notes: 1. We propose that the 1999-2000 and 2000-2001 fiscal year update fees also be set at $9,250,00, with the provision that if the Consumers Price Index (CPI) for the Greater Los Angeles area exceeds five percent (5%) for a consecutive twelve month period (concluding immediately prior to the start of an annual update), a fee adjustment negotiation will be initiated. 2. This proposal is prepared under the assumption that there will be no increase in annual assessments or substantial change in the facilities being maintained that would require the need for mailed notice and assessment ballots during the three-year period described in this proposal. 3. The City shall supply us with written descriptions, sketches and/or maps showing the areas of landscaping being maintained within each assessment district for the purposes of preparing Landscaping Inventory Maps. Services outside of the Scope of Services given above will be invoiced additionally utilizing Exhibit "A," "Schedule of Hourly Rates." Such additional work shall not commence without prior written authorization from the City. If the City wishes to alter the Scope of Services or the method of invoicing fees, we will be pleased to discuss such alterations. GFB-Friedrich appreciates being given the opportunity to submit this proposal. We want very much to do this work for you. If this proposal is accepted, we will be pleased to enter into a formal agreement to execute the work. Sincerely, GFB-FRIEDRICH & ASSOC., INC. John A. Friedrich, P.E. President August 1, 1997 Exhibit "A" GFB-FR.IEDRICH & ASSOC., INC. 1. Principal $ 96.00 per hour 2. Senior Registered Engineer $ 90.00 per hour 2a. Registered. Engineer $ 84.00 per hour 3. Project Manager $ 78.00 per hour 4. Drafter $ 63.00 per hour 4a. Special Districts Analyst $ 63.00 per hour 5. Designer $ 72.00 per hour 5b. Field Inspector $ 53.00 per hour 6. 2 -Man Survey Party $ 145.00 per hour 7. 3 -Man Survey Party $ 192.00 per hour 8. Survey Computer $ 70.00 per hour 9. Clerical $ 37.00 per hour 10. Engineering Aide $ 35.00 per hour Subconsultants Blueprints, Reproduction & Courier Service Job Travel Subconsultant Fee plus 10 % Vendor Costs $ 0.36 per mile Delivery $ 20.00 per hour plus mileage NOTE: Normal overtime will be invoiced at 1.50 times standard hourly rate,. Overtime on Sundays and holidays will be invoiced at 2.00 times standard hourly rate. This Schedule of Hourly Rates is in effect through July 31, 1998 and shall be subject to annual revision based on changes in the cost of living. rates97.jaf February 23, 1998 SCHEDULE OF HOURLY RATES PAGE A-1 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Honorable Mayor and City Council Members MEETING DATE: March 3, 1998 REPORT DATE: February 25, 1998 FROM: Terrence L. Belanger, City Manager TITLE: Resolution No. 96-53E - A Resolution of the City of Diamond Bar Setting Forth Personnel Rules and Regulations Regarding the Payment of Salaries, Sick Leave, Vacations, Leaves of Absences, and Other Regulations SUMMARY: On February 27, 1998 the City Council approved a reorganization of the City's organizational structural. The reorganization created a Communications and Marketing Division, with a Communications and Marketing Director and a new position of Communications and Marketing Coordinator. In addition to the creation of the new division, there were adjustments to salaries for the Administrative Assistant, Deputy City Clerk and Code Enforcement Officer. The Resolution implements the reorganization and salary adjustments; as well as, defining the new positions as management team members. RECOMMENDATION: It is recommended that the City Council approve: "Resolution No. 96-53E - A Resolution of the City of Diamond Bar Setting Forth Personnel Rules and Regulations Regarding the Payment of Salaries, Sick Leave, Vacations, Leaves of Absences, and Other Regulations." LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification X Resolution(s) _ Bid Specification (on file in Clerk's office) Ordinance(s) _ Other: _ Agreement(s) City EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been X Yes _ No reviewed by the City Attorney? 2. Does the report require a majority vote? X Yes _ No 3. Has environmental impact been assessed? NIA _ Yes _ No 4. Has the report been reviewed by a Commission? NIA _ Yes _ No Which Commission? 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: REVIEWED BY: Terr nce L. Bonger Kellee A. Fritzal'� City Manager Assistant to the pity Manager RESOLUTION NO. 96-53E RESOLUTION OF THE CITY OF DIAMOND BAR SETTING FORTH PERSONNEL RULES AND REGULATIONS REGARDING THE PAYMENT OF SALARIES, SICK LEAVE, VACATIONS, LEAVES OF ABSENCES, AND OTHER REGULATIONS THE CITY COUNCIL OF THE CITY OF DIAMOND BAR HEREBY RESOLVES, ORDERS, AND DETERMINES AS FOLLOWS: WHEREAS, the City Council has determined that it is necessary to the efficient operation and management of the City that rules and regulations be maintained prescribing sick leave, vacation, leaves of absences, and other regulations for the officers and employees of the City; and WHEREAS, it is necessary from time to time to establish comprehensive wage and salary schedules and to fix the rates of compensation to be paid to officers and employees of the City. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Diamond Bar, California, as follows: SECTION 1. COMPREHENSIVE WAGE AND SALARY PLAN There is hereby established a Comprehensive Wage and Salary Plan for employees of the City of Diamond Bar. The Comprehensive Wage and Salary Plan is designed to provide for a fair and efficient framework for the administration of wages and is based upon the recommendations of the City Manager. SECTION 2. SALARY SCHEDULE Pursuant to Ordinance 21 (1989), the Diamond Bar City Council hereby establishes the salaries and the various full-time positions of the City of Diamond Bar. As of the pay period which is paid on March 6, 1998, the compensation of the various classes of positions shall be as shown on Schedule A and B (attached). SECTION 3. FULL-TIME SALARY SCHEDULE GUIDELINES New employees shall be hired at the entry step or any step at the discretion of the City Manager and must successfully complete a one year probation period. At the end of six months, the employee will be given a performance evaluation and may be eligible for the next step. Every year thereafter, employees shall be given a performance evaluation and shall move to each successive step, so long as the employee's performance is satisfactory or above. RESOLUTION 96-53 E Page Two SECTION 4. PROBATION In an effort to monitor newly -hired employees, the probation period for newly -hired employees is one year. SECTION 5. MILEAGE REIMBURSEMENT Private automobiles are not to be used for the City business except as authorized. The City Manager may authorize such use at the reimbursement rate equal to that set forth by the Internal Revenue Service. Payments shall be based upon the most direct route to and from the destination, and garage and parking expenses shall be paid in addition to the current rate, upon submission of paid receipts. SECTION 6. HEALTH, DENTAL, VISION, LIFE, DEFERRED COMPENSATION, LONG TERM DISABILITY AND UNEMPLOYMENT INSURANCE. All full-time employees and designated permanent part time employees are eligible to receive group health, dental, vision, life, deferred compensation, disability insurance and unemployment insurance within the City's group insurance carrier(s), with the administrative cost and premiums paid by the City to a maximum established in Section 7, after 30 days of employment. Dependents of employees are eligible for health, dental and vision insurance. SECTION 7. FRINGE BENEFIT PACKAGE An employee benefit program is authorized wherein all officers, full-time employees and designated permanent part-time have a choice of medical and/or fringe benefits, as described in Section 6, in an amount not to exceed $620.00 a month, paid by the City. A. Employees, defined as Management shall receive an additional $30.00 per month to be applied as described in Section 6. B. All employees shall participate in the Life, Dental and Vision Insurance programs. The City shall pay the cost of the employee in addition to the benefit program described in Section 6 or Section 7(A). Monies in excess of the City's 457 Plan shall be paid off annually during each December. C. All eligible employees may participate in the City's 401(A) deferred compensation plan. SECTION 8. PART-TIME EMPLOYMENT Hourly compensation for the various part-time positions shall be as set forth in Schedule B (attached). RESOLUTION 96-53 E Page Three SECTION 9. STATUS OF EMPLOYMENT All employees serve under the City Manager, pursuant to Government Code Section 34856. Per Government Code Section 36506, nothing in these rules and regulations shall be construed to provide employees with any tenure or property interest in employment. SECTION 10. PUBLIC EMPLOYEES' RETIREMENT SYSTEM - DEFERRED COMPENSATION The City of Diamond Bar shall pay the employee contribution of said employee salary to the State Public Employees' Retirement System (PERS) as deferred income. SECTION 11. PAY PERIODS The compensation due to all officers and employees of the City shall be on a bi-weekly basis. SECTION 12. PAY DAYS Warrants or checks in the payment of compensation shall be made available by the City to employees and officers of the City on the Friday succeeding the close of any given pay period. In an event that pay day falls on a holiday, all warrants or checks in payment of compensation shall be made available to the City employee on the last work day preceding the holiday. SECTION 13. WORKING HOURS AND OVERTIME A. Eight (8) hours, exclusive of lunch period, shall constitute a day's work for all full time employees. B. The official work week of the City of Diamond Bar shall be five (5) working days of eight (8) hours each. It shall be the duty of each Department Head to arrange the work of their Department so that each employee therein shall not work more than five (5) days in each calendar week. The City Manager may require an employee to temporarily perform service in excess of five (5) days per week when public necessity or convenience so requires. C Whenever an employee, other than an Management employee, shall be required to work overtime, beyond 40 hours per week, such person shall receive compensation for such overtime worked at one and one-half (1 1/2) times the regular rate of pay, provided they have completed a full 40 hour work week. RESOLUTION 96-53 E Page Four D. Any full time employee, other than an Management Team Member, who is required to work on an observed holiday beyond the regular 40 hour work week, shall be entitled to pay at the rate of two (2) times the regular rate of pay provided they have worked a 40 hour work week. E. There is nothing contained within this Section to exclude the City from implementing a 4- 10 Plan at their option. SECTION 14. ANNUAL VACATION A. A full time employee, after twelve (12) months continuous service with the City of Diamond Bar, shall be entitled to a vacation of ten (10) work days per year, to be accrued at a rate of 3.08 hours per pay period. YEARS OF SERVICE 1-5 6-10 11 & Up VACATION ACCRUAL 10 days 15 days 20 days B. Vacation time may be accumulated to a maximum of twenty (20) days (160 hours). The City Manager may approve vacation time accruals exceeding twenty (20) days. C. The total vacation allowance shall be computed to the nearest whole day, based upon the number of full months of City service. D. In the event one or more municipal holidays follow accumulated vacation leave, such days shall not be charged as vacation leave and the vacation leave shall be extended accordingly for those employees eligible for such holidays. E. An employee shall take vacation at such time during the calendar year based upon due regard to the needs of the employee's services and the work schedule. F. Vacation shall be taken during the year following which the vacation privilege has been earned. G. The time set for the vacation of the City Manager shall be subject to the approval of the City Council. H. Employees who terminate shall be paid the salary equivalent to all accrued vacation earned after one (1) year of service has been completed, prior to the effective date of termination. RESOLUTION 96-53 E Page Five I. All vacation requests shall be made at least ten (10) days in advance and prior approval must be given by employee's supervisor and Department Head. If an employee does not request time off in advance and simply does not show up for work, the City Manager may deny the use of vacation time or other benefit for the time off, and said employee is subject to disciplinary action including discharge. K. Management employees, for the purpose of accrual, shall be credited with previous municipal experience, up to five (5) years of service. SECTION 15. SICK LEAVE A. Sick leave with pay shall be accrued by full-time employees at a rate of 3.08 hours per pay period. B. After six (6) months of continuous service the employee is eligible to use sick leave. C. Unused sick leave may be accumulated to a maximum total not to exceed 160 hours. Absence or illness may not be charged to sick leave if not already accrued and/or accumulated. D. Each full time employee shall be paid one-half (1/2) of the unused balance of the annually accrued sick leave, accrued during a given accrual year, when the then annual accrual results in sick leave in excess of the maximum allowable accumulation of 160 hours. The sick leave payout shall only apply to the amount which is in excess of the maximum allowable accumulated amount of 160 hours. The annual accrued sick leave, over the maximum accumulation, shall be paid once a year, at the employee's current wage at the time of payment. Said payment is to be made on the first day in December, or at such other time as the City Manager may determine, at his/her absolute discretion, as appropriate. E. Sick leave shall be allowed only in case of necessity and actual sickness or disability of the employee or dependent family members, as determined by the City Manager. In order to receive sick leave with pay, the employee shall notify the Department Head prior to or within two (2) hours after the time set for beginning daily duties. The City Manager may, if he/she deems necessary, require the employee to file a Physician's Certificate or a Personal Affidavit stating the cause of absence. F. Sick leave shall not accrue to any employee for any month in which that employee is on unpaid leave and does not work a minimum of ten (10) eight (8) hour working days in any one month or combination thereof. RESOLUTION 96-53 E Page Six G. If an employee does not show up for work and does not call in within two hours, the City Manager may deny use of sick leave for the unauthorized time off, and employee is subject to disciplinary action. H. Employees using all accumulated sick leave may be deemed to have abandoned their employment. I. After five (5) years of service, when an employee retires, resigns or terminates in good standing, that employee will be paid all accumulated sick leave at a rate of one-half (112) of the employee's current rate of pay at his/her date of termination. SECTION 16. BEREAVEMENT LEAVE When circumstances are such and the City Manager determines that conditions warrant, three (3) paid bereavement leave days may be granted in the event of death of a relative of a full- time employee. 'Relative" is defined as spouse, parents, children, step -children, brother, sisters, grandparents, grandchildren, half-brothers, half-sisters, aunts, uncles, or other individuals related by blood or marriage. SECTION 17. UNAUTHORIZED LEAVE If an employee does not show up for work for three consecutive work days without. notifying said employee's supervisor or Department Head, said employee shall be considered to have voluntarily terminated employment with the City. SECTION 18. ON-THE-JOB INJURY Whenever a person is compelled to be absent from employment with the City on account of injury arising out of or in the course of that employee's employment as determined by the Workers' Compensation Act, the employee may elect to apply pro -rated accrued sick leave, if any, to such absence to receive compensation of an amount of the difference between the compensation received under the Workers' Compensation Act and that employee's regular pay, not to exceed the amount of the employee's earned sick leave. An employee in such instance may also elect to use any earned vacation time in like manner after sick leave is exhausted. The City will pay the employee up to three (3) days of that employee's regular salary as it relates to an on - the job injury and if not covered by Workers' Compensation. RESOLUTION 96-53 E Page Seven SECTION 19. JURY DUTY If a full-time employee is called for jury duty, such person shall receive regular pay while actually performing jury service, however, any amount received by such employee as payment for services as juror shall be reimbursed to the City. All mileage paid to the employee as a juror shall not be considered as a reimbursable item to the City. SECTION 20. ATTENDANCE Full time employees shall be in attendance at their work in accordance with the rules regarding hours of work, holidays, and leave. Departments shall keep attendance records of all employees. Absence of any employee without leave may result in possible disciplinary action, including discharge. SECTION 21. HOLIDAYS A. Holidays which fall on Saturday shall be observed on the preceding Friday, and holidays which fall on Sunday shall be observed on the following Monday. Paid holidays are only for the observed days. B. The City of Diamond Bar's observed paid holidays are as follows: 1. New Year's Day (January 1) 2. Washington's Birthday (observed the third Monday in February) 3. Memorial Day (observed the last Monday in May) 4. Independence Day (July 4) 5. Labor Day (observed first Monday in September) 6. Veteran's Day (November 11) 7. Thanksgiving Day 8. Day following Thanksgiving Day 9. Christmas Eve (December 24) 10. Christmas Day (December 25) 11. Two (2) Floating Holidays SECTION 22. FLOATING HOLIDAYS A. Each full time employee is allowed two (2) floating holidays (8 hours each) per calendar year, January through December. B. Floating Holidays are not cumulative and must be used during the above period or said employee will lose the allocated hours. RESOLUTION 96-53 E Page Eight C. Each employee must submit a request in advance, and approval must be given by the employee's supervisor and Department Head. D. A full time employee is eligible to use a floating holiday after 30 days of continuous employment. E. Floating Holidays may be used in lieu of sick leave only if all other benefit time has been exhausted. SECTION 23. TRAINING PLAN The City Manager and employees of the City are eligible to request specialized training in the form of symposiums, special courses, forums, etc., at the City's expense. SECTION 24. LEAVE OF ABSENCE Leave of absence without pay may only be granted by the City Manager. SECTION 25. RESIGNATION An employee wishing to terminate employment in good standing shall file a written resignation with the City Manager stating the effective date and reasons for leaving, at least two (2) weeks prior to the resignation. Failure to give such notice shall mean the employee did not terminate in good standing, unless by reason of hardship and upon that employee's request, the City Manager has waived the two week notice requirement. SECTION 26. ANTI -NEPOTISM PROVISION A. Relatives of those listed below may not be employed anywhere in the City organization: 1. City Council Members; 2. Standing Board and Commission members; 3. Management Team Members of the City; 4. Employees of the City Manager's Department; or 5. Employees of the Personnel Department. B. The employment of a relative within a department is prohibited when they: 1. Perform joint duties; 2. Share responsibility of authority; 3. Function in the same chain of command; and 4, Work on the same shift at the same work site. RESOLUTION 96-53 E Page Nine C. For business reasons of supervision, safety, security or morale, the City may refuse to place one spouse under the direct supervision of the other spouse. D. For business reasons of supervision, safety, security or morale, an employer may refuse to place both spouses in the same department, division, or facility if the work involves potential conflicts of interest or other hazards greater for married couples than other persons. E. "Relative" means child, step -child, parent, grandparent, grandchild, brother, sister, half- brother, half-sister, aunt, uncle, niece, nephew, parent -in-law, brother -in law, sister-in- law, or another individual related by blood or marriage. F. "Employee" means any person who receives a City paycheck for services rendered to the city. SECTION 27. NON-DISCRIMINATION The City of Diamond Bar does hereby affirm to adopt and support a policy of non- discrimination with regard to all phases of personnel recruitment, selection and appointment. The City further declares that it will not exclude from participation in, deny the benefits to, or subject to discrimination any person on the basis of race, religion, nationality, sex, age or handicap, thereby affirming the City of Diamond Bar's posture as an equal opportunity employer. SECTION 28. EMPLOYEE PERFORMANCE EVALUATION APPEALS PROCEDURES It is the intent of the City to offer fair and equitable appeals procedures for employee's performance evaluations. Below are the official guidelines. A. Employee and supervisor meet to review and discuss the employee's performance evaluation. B. The employee may respond in writing to the contents of the evaluation. This response must be submitted to the Department Head within five (5) working days immediately following the evaluation. C. The Department Head, as the reviewing official, shall respond in writing to the employee within five (5) working days. This response becomes an official part of the evaluation. D. If the employee chooses to continue to appeal following the response from the reviewing official, the employee must submit an additional written response to the Personnel Officer within five (5) working days after receipt of the reviewing official's response. RESOLUTION 96-53 E Page Ten E. The Personnel Officer shall review the evaluation appeal within five (5) days with the employee, supervisor and Department Head. Every effort will be made at this level to resolve the appeal. F. If the matter is not settled, a written appeal may be submitted to the City Manager by the employee within five (5) working days following the decision rendered in writing by the Personnel Officer. G. The City Manager shall review the appeal with the employee, supervisor, Department head and Personnel Officer. The decision shall be rendered in writing within five (5) working days by the City Manager, and the decision of the City Manager shall be final. SECTION 29. POST OFFER PHYSICAL EXAMS All individuals who become a candidate for City employment must successfully pass a post -offer physical and substance abuse exams and are subject to fingerprinting and a background investigation. The candidates being considered for employment will be sent to a City authorized physician at the City's expense. SECTION 30. EMERGENCY CALL -OUT POLICY The following Emergency Call -Out Policy shall be adhered to: A. When a full time employee or permanent part-time, other than an Management employee, is called out for a City emergency, the employee shall be given a minimum of two hours pay, regardless of the amount of time it takes to rectify the problem. B. The employee shall be paid overtime per Section 13. SECTION 31. ADMINISTRATIVE LEAVE Management employees are allowed two (2) days of administrative leave per fiscal year. Additional days of leave may be authorized by the City Manager, based on the number of total hours the individual works over and above 40 hours per week. A. Management employees do not receive paid overtime, and this leave is to recognize those employees who work over and above 40 hours per week. RESOLUTION 96-53 E Page Eleven B. Following is a list of Management Team Member positions: Assistant City Manager Assistant to the City Manager Assistant Finance Director City Clerk City Engineer/Director of Public Works Deputy City Manager Deputy Public Works Director Communications and Marketing Director Director of Community Development Director of Community Services Administrative Assistant Assistant Civil Engineer Assistant Planner Associate Engineer Associate Planner Communications and Marketing Coordinator Secretary to the City Manager/Office Manager Senior Accountant Senior Engineer Senior Planner Superintendent of Parks & Maintenance C. Administrative leave may not be accumulated and carried over to the following year. It must be used by June 30 of each fiscal year. Leave may be granted in hourly increments. Requests shall be submitted to employee's immediate supervisor for approval, then forwarded to the City Manager for approval. Administrative leave will be authorized at the convenience of the City and the work schedule. SECTION 32. MEDICARE Pursuant to Revenue Billing 86-68 of the Internal Revenue Code, all employees hired after March 31, 1987 will have 1.45 percent of their base salary deducted from their paycheck to be paid to Medicare. The City will match the 1.45 percent as mandated by law. RESOLUTION 96-53 E Page Twelve SECTION 33. IMMIGRATION REFORM AND CONTROL ACT OF 1986 In compliance with the Immigration Reform and Control Act of 1986, all new employees must verify identity and entitlement to work in the United States by providing required documentation. SECTION 34. EXTENDED BENEFITS - COBRA The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) provides for the continuation of health care coverage to certain employees who terminated employment and beneficiaries of employees who die, become disabled or are divorced. Employees become eligible for continued coverage upon termination of service, whether voluntary or not (other than termination for gross misconduct), retirement or reduction in hours worked. For these employees and their dependents, continued coverage is available for 18 months, at their expense. SECTION 35. TUITION REIMBURSEMENT Subject to Council fiscal year budget authorization, each employee shall be entitled to reimbursement in the amount of $500 per fiscal year, for college -level or university -level educational courses (including tuition and related books), which have been approved by the personnel Officer or his/her designate as being job-related and of value to the City. Reimbursement under this Section is contingent upon the verification of the attainment of a letter grade of "C" or better, or in those cases where no letter grade is given, verification of completion of the course with a "Pass" or "Credit" grade and submittal of a receipt for registration bearing the name of the course, for which reimbursement is being requested. In the case of reimbursement for books for any approved/verified course; a syllabus, course reading list or course outline showing the book as being required for the course, plus a receipt bearing the title of the book shall be submitted. SECTION 36. PART TIME EMPLOYEES' RETIREMENT Effective July 1, 1991, part time, seasonal and temporary employees will be covered by a retirement system, under Social Security (OASDI). An employee's contribution rate shall be 6.2% on wages up to $61,200. The employer's tax rate is the same. Election workers and emergency workers are excepted from coverage, under this section. RESOLUTION 96-53 E Page Thirteen ADOPTED AND APPROVED 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, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 1998, by the following vote: AYES: COUNCIL MEMBERS: NOES: I COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ATTEST: LYNDA BURGESS, City Clerk of the City of Diamond Bar CITY OF DIAMOND BAR SALARY RANGES BY POSITION FY 1997-98 JOB TITLE A B C D E F G Receptionist 834 8.34 8.75 9.19 9.65 10.13 10.64 11.17 1,444.98 1,517.23 1,593.09 1,672.74 1,756.38 1,844.20 1,936.41 17,339.74 18,206.73 19,117.06 20,072.92 21,076.56 22,130.39 23,236.91 Jr. Clerk Typist 967 9.67 10.15 10.66 11.19 11.75 12.34 12.96 1,675.94 1,759.73 1,847.72 1,940.11 2,037.11 2,138.97 2,245.92 20,111.25 21,116.81 22,172.65 23,281.29 24,445.35 25,667.62 26,951.00 Community Services 967 9.67 10.15 10.66 11.19 11.75 12.34 .12.96 Coordinator 1,675.94 1,759.73 1,847.72 1,940.11 2,037.11 2,138.97 2,245.92 20,111.25 21,116.81 22,172.65 23,281.29 24,445.35 25,667.62 26,951.00 Clerk Typist 1037 10.37 10.89 11.44 12.01 12.61 13.24 13.90 1,798.21 1,888.12 1,982.52 2,081.65 2,185.73 2,295.02 2,409.77 21,578.48 22,657.40 23,790.27 24,979.78 26,228,77 27,540.21 28,917.22 Account Clerk I 1037 10.37 10.89 11.44 12.01 12.61 13.24 13.90 1,798.21 1,888.12 1,982.52 2,081.65 2,185.73 2,295.02 2,409.77 21,578.48 22,657.40 23,790.27 24,979.78 26,228.77 27,540.21 28,917.22 Adminstrative 1136 11.36 11.93 12.53 13.15 13.81 14.50 15.23 Analyst 1,969.51 2,067.99 2,171.39 2,279.96 2,393.96 2,513.65 2,639.34 23,634.16 24,815.87 26,056.66 27,359.49 28,727.47 30,163.84 31,672.03 Secretary 1141 11.41 11.98 12.58 13.20 13.87 14.56 15.29 1,977.19 2,076.05 2,179.85 2,288.85 2,403.29 2,523.45 2,649.62 23,726.29 24,912.60 26,158.23 27,466.14 28,839.45 30,281.42 31,795.49 Account Clerk II 1141 11.41 11.98 12.58 13.20 13.87 14.56 15.29 1,977.19 2,076.05 2,179.85 2,288.85 2,403.29 2,523.45 2,649.62 23,726.29 24,912.60 26,158.23 27,466.14 28,839.45 30,281.42 31,795.49 Parks Maintenance 1203 12.03 12.63 13.26 13.93 14.62 15.35 16.12 Worker II 2,085.34 2,189.61 2,299.09 2,414.04 2,534.75 2,661.48 2,794.56 25,024.10 26,275.31 27,589.08 28,968.53 30,416.96 31,937.80 33,534.69 Administrative 1257 12.57 13.20 13.86 14.55 15.28 16.04 16.85 Secretary 2,179.08 2,288.03 2,402.44 2,522.56 2,648.69 2,781.12 2,920.18 26,148.96 27,456.41 28,829.23 30,270.69 31,784.23 33,373.44 35,042.11 Management 1257 12.57 13.20 13.86 14.55 15.28 16.04 16.85 Information System 2,179.08 2,288.03 2,402.44 2,522.56 2,648.69 2,781.12 2,920.18 (MIS) Technician 26,148.96 27,456.41 28,829.23 30,270.69 31,784.23 33,373.44 35,042.11 Code Enforcement 1227 13.22 13.88 14.58 15.31 16.07 16.88 17.72 Officer 2,292.00 2,406.60 2,526.93 2,653.28 2,785.94 2,925.24 3,071.50 27,504.01 28,879.21 30,323.17 31,839.33 33,431.29 35,102.86 36,858.00 CITY OF DIAMOND BAR SALARY RANGES BY POSITION FY 1997-98 JOB TITLE A B C D E F G Deputy City Clerk 1333 13.65 14.33 15.05 15.80 16.59 17.42 18.29 2,365.63 2,483.91 2,608.10 2,738.51 2,875.43 3,019.21 3,170.17 28,387.53 29,806.90 31,297.25 32,862.11 34,505.22 36,230.48 38,042.00 Engineering 1519 15.19 15.95 16.75 17.59 18.47 19.39 20.36 Technician 2,633.35 2,765.02 2,903.27 3,048.44 3,200.86 3,360.90 3,528.95 31,600.25 33,180.26 34,839.27 36,581.24 38,410.30 40,330.81 42,347,.35 Planning 1519 15.19 15.95 16.75 17.59 18.47 19.39 20.36 Technician 2,633.35 2,765.02 2,903.27 3,048.44 3,200.86 3,360.90 3,528.95 31,600.25 33,180.26 34,839.27 36,581.24 38,410.30 40,330.81 42,347.35 Administrative 1519 15.19 15.95 16.75 17.59 18.47 19.39 20.36 Assistant 2,633.35 2,765.02 2,903.27 3,048.44 3,200.86 3,360.90 3,528.95 31,600.25 33,180.26 34,839.27 36,581.24 38,410.30 40,330.81 42,347.35 Community Relations 1519 15.19 15.95 16.75 17.59 18.47 19.39 20.36 Coordinator 2,633.35 2,765.02 2,903.27 3,048.44 3,200.86 3,360.90 3,528.95 31,600.25 33,180.26 34,839.27 36,581.24 38,410.30 40,330.81 42,347.35 Secretary to the 1635 16.35 17.16 18.02 18.92 19.87 20.86 21..91 City Manager 2,833.35 2,975.02 3,123.77 3,279.96 3,443.96 3,616.16 3,796.96 34,000.23 35,700.25 37,485.26 39,359.52 41,327.50 43,393.87 45,563.56 Assistant Civil 1635 16.35 17.16 18.02 18.92 19.87 20.86 21.91 Engineer 2,833.35 2,975.02 3,123.77 3,279.96 3,443.96 3,616.16 3,796.96 34,000.23 35,700.25 37,485.26 39,359.52 41,327.50 43,393.87 45,563.56 Assistant Planner 1635 16.35 17.16 18.02 18.92 19.87 20.86 21.91 2,833.35 2,975.02 3,123.77 3,279.96 3,443.96 3,616.16 3,796.96 34,000.23 35,700.25 37,485.26 39,359.52 41,327.50 43,393.87 45,563.56 Sec to the City Mgr/ 1890 18.90 19.84 20.83 21.88 22.97 24.12 25.32 Office Manager 3,275.60 3,439.38 3,611.35 3,791.92 3,981.51 4,180.59 4,389.62 39,307.22 41,272.58 43,336.21 45,503.02 47,778.17 50,167.08 52,675.43 Communications & 1897 18.97 19.92 20.92 21.96 23.06 24.21 25.42 Marketing Coord. 3,288.38 3,452.80 3,625.44 3,806.71 3,997.05 4,196.90 4,406.74 39,460.55 41,433.58 43,505.25 45,680.52 47,964.54 50,362.77 52,880.91 Community Relations 1897 18.97 19.92 20.92 21.96 23.06 24.21 25.42 Manager 3,288.38 3,452.80 3,625.44 3,806.71 3,997.05 4,196.90 4,406.74 39,460.55 41,433.58 43,505.25 45,680.52 47,964.54 50,362.77 52,880.91 Assistant to the 1897 18.97 19.92 20.92 21.96 23.06 24.21 25.42 City Manager 3,288.38 3,452.80 3,625.44 3,806.71 3,997.05 4,196.90 4,406.74 39,460.55 41,433.58 43,505.25 45,680.52 47,964.54 50,362.77 52,880.91 CITY OF DIAMOND BAR SALARY RANGES BY POSITION FY 1997-98 JOB TITLE A B C D E F G Superintendent of Parks/Maintenance 1897 18.97 3,288.38 19.92 20.92 21.96 23.06 24.21 25.42 39,460.55 3,452.80 41,433.58 3,625.44 43,505.25 3,806.71 45,680.52 3,997.05 47,964.54 4,196.90 4,406.74 50,362.77 52,880.91 Senior Accountant 1897 18.97 19.92 20.92 21.96 23.06 24.21 25.42 3,288.38 39,460.55 3,452.80 41,433.58 3,625.44 3,806.71 3,997.05 4,196.90 4,406.74 43,505.25 45,680.52 47,964.54 50,362.77 52,880.91 Associate Planner 1987 19.87 20.86 21.91 23.00 24.15 25.36 26.63 3,444.32 41,331.84 3,616.54 3,797.36 3,987.23 4,186.59 4,395.92 4,615.72 43,398.43 45,568.35 47,846.77 50,239.11 52,751.06 55,388.62 Associate Engineer 1987 19.87 20.86 21.91 23.00 24.15 25.36 26.63 3,444.32 41,331.84 3,616.54 43,398.43 3,797.36 45,568.35 3,987.23 47,846.77 4,186.59 4,395.92 4,615.72 50,239.11 52,751.06 55,388.62 Transportation Planner 1987 19.87 20.86 21.91 23.00 24.15 25.36 26.63 3,444.32 41,331.84 3,616.54 43,398.43 3,797.36 45,568.35 3,987.23 4,186.59 4,395.92 4,615.72 47,846.77 50,239.11 52,751.06 55,388.62 Accounting Manager 2039 20.39 21.41 22.48 23.61 24.79 26.03 27.33 3,535.01 42,420.08 3,711.76 44,541.08 3,897.34 4,092.21 4,296.82 4,511.66 4,737.25 46,768.14 49,106.54 51,561.87 54,139.96 56,846.96 Senior Planner 2136 21.36 22.43 23.55 24.73 25.96 27.26 28.63 3,702.64 44,431.72 3,887.78 46,653.30 4,082.16 48,985.97 4,286.27 51,435.27 4,500.59 4,725.62 4,961.90 54,007.03 56,707.38 59,542.75 Senior Engineer 2136 21.36 22.43 23.55 24.73 25.96 27.26 28.63 3,702.64 44,431.72 3,887.78 46,653.30 4,082.16 4,286.27 4,500.59 4,725.62 4,961.90 48,985.97 51,435.27 54,007.03 56,707.38 59,542.75 Communicaadons & Marketing Director 2319 23.19 24.35 25.56 26.84 28.18 29.59 31.07 4,018.95 48,227.38 4,219.90 50,638.75 4,430.89 53,170.69 4,652.43 4,885.06 5,129.31 5,385.78 55,829.22 58,620.68 61,551.71 64,629.30 Assistant Finance Director 2319 23.19 24.35 25.56 26.84 28.18 29.59 31.07 4,018.95 48,227.38 4,219.90 50,638.75 4,430.89 4,652.43 4,885.06 5,129.31 5,385.78 53,170.69 55,829.22 58,620.68 61,551.71 64,629.30 City Clerk 2319 23.19 24.35 25.56 26.84 28.18 29.59 31.07 4,018.95 48,227.38 4,219.90 50,638.75 4,430.89 53,170.69 4,652.43 4,885.06 5,129.31 5,385.78 55,829.22 58,620.68 61,551.71 64,629.30 Community Services Director 2319 23.19 24.35 25.56 26.84 28.18 29.59 31.07 4,018.95 48,227.38 4,219.90 50,638.75 4,430.89 53,170.69 4,652.43 4,885.06 5,129.31 5,385.78 55,829.22 58,620.68 61,551.71 64,629.30 JOB TITLE CITY OF DIAMOND BAR SALARY RANGES BY POSITION FY 1997-98 A B C D E F G Deputy PW Director 2571 25.71 26.99 28.34 29.76 31.25 32.81 34.45 4,456.27 4,679.08 4,913.04 5,158.69 5,416.62 5,687.46 5,971.83 53,475.25 56,149.01 58,956.46 61,904.29 64,999.50 68,249.47 71,661.95 Comm. Development 2985 29.85 31.34 32.91 34.56 36.28 38.10 40.00 Director 5,174.27 5,432.98 5,704.63 5,989.86 6,289.36 6,603.82 6,934.01 62,091.22 65,195.78 68,455.57 71,878.35 75,472.26 79,245.88 83,208.17 City Eng/Public 2985 29.85 31.34 32.91 34.56 36.28 38.10 40.00 Works Director 5,174.27 5,432.98 5,704.63 5,989.86 6,289.36 6,603.82 6,934.01 62,091.22 65,195.78 68,455.57 71,878.35 75,472.26 79,245.88 83,208.17 Deputy City Manager 3172 31.72 33.31 34.97 36.72 38.56 40.49 42.51 5,498.49 5,773.41 6,062.08 6,365.19 6,683.45 . 7,017.62 7,368.50 65,981.86 69,280.95 72,745.00 76,382.25 80,201.36 84,211.43 88,422.00 City Manager 3468 40.15 42.16 44.26 46.48 48.80 51.24 53.80 6,959.08 7,307.03 7,672.38 8,056.00 8,458.80 8,881.74 9,325.83 83,508.91 87,684.35 92,068.57 96,672.00 101,505.60 106,580.88 111,909.92 Schedule H CITY OF DIAMOND BAR SALARY RANGES BY POSITION FY 1997-98 PART TME/ HOURLY JOB TITLE A B C D E F G Comm. Svcs Leader 5.37 5.92 6.45 6.99 7.53 8.06 8.59 Community Svcs Leader 11 7.53 8.06 8.59 9.13 9.67 10.21 10.74 Intern/Part-Hme 7.53 8.06 8.59 9.13 9.67 10.21 10.74 Parks Mice Helper 7.53 8.06 8.59 9.13 9.67 10.21 10.74 Transportation Clerk 8.59 9.02 9.47 9.94 10.44 10.96 11.51 Counter Clerk/Permit Tech 13.43 14.10 14.81 15.55 16.32 17.14 18.00 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO.: Co . '7 TO: Honorable Mayor and Members of the City Council ;\MEETING DATE: March 3, 1998 REPORT DATE: February 23, 1998 FROM: Terrence L. Belanger, City Manager "TITLE: Acceptance of Grant of Real Property for Public Road Purposes from the Walnut Valley Unified School District. SUMMARY: This Grant of Real Property for Public Road Purposes was provided by the Walnut Valley Unified School District (WVUSD) to the City of Diamond Bar in the form of a Quitclaim Deed. This future street, Diamond Pointe Lane, is located off Brea Canyon Road, southerly of tracts 32400/52228/52203/52204 (please see attached vicinity map). This street is the secondary access to these gated tracts (primary access is shown as Sapphire Lane on vicinity map) and will also be used as a school bus route for drop off and pick up to South !,ointe Middle School. The legal documents have been reviewed and approved. ili COit4NMENDATION: That the City Council accept this quitclaim deed and adopt Resolution No. 98 -XX directing the City Clerk to sign the Certification of Acceptance and record the document. LISA' OF ATTACHMENTS: X StaffReport X Resolution(s) _ Ordinances(s) Agreement(s) 1_'XFFRNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ Public Hearing Notification — Bid Specifications (on file in City Clerk's Office) x Other: Quitclaim Deed l . Has the resolution, ordinance or agreement been reviewed by the City Attorney? Does the report require a majority or 4/5 vote? Has environmental impact been assessed? r Has the report been reviewed by a Commission? Which Commission? ,Are other departments affected by the report? Report discussed with the following affected departments: M__V1EWED BY'. Tcrrence L. B nger City Manager James DeStefano Deputy City Manager x Yes —No Majority N/A _ Yes —No N/A Yes —No N/A Yes _ No David G. Liu Deputy Director of Public Works CITY COUNCIL REPORT AGENDA NO. MEETING DATE: March 3, 1998 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Acceptance of Grant of Real Property for Public Road Purposes from the Walnut Valley Unified School District. ISSUE STATEMENT To accept Quitclaim Deed granting real property for public road purposes from the Walnut Valley Unified School District. RECOMMENDATION That the City Council accept this quitclaim deed and approved Resolution No. 98 -XX directing the City Clerk to sign the Certification of Acceptance and record the document. FINANCIAL SUMMARY There is no fiscal impact. BACKGROUND/DISCUSSION This Grant of Real Property for Public Road Purposes was provided by the Walnut Valley Unified School District (WVUSD) to the City of Diamond Bar in the form of a Quitclaim Deed. This future street, Diamond Pointe Lane, is located off Brea Canyon Road, southerly of tracts 32400/52228/52203/52204 (please see attached vicinity map). This secondary access was approved for a 64' right-of-way width from Brea Canyon Road leading to South Pointe Middle School, Portion of this street was dedicated as part of approval of Final Map 52203/52204. This deed from the WVUSD quitclaims the remnant portion of the street outside of 52203/52204 property lines and wholly within WVUSD property. This street is the secondary access to these gated tracts (primary access is shown as Sapphire Lane on vicinity map) and will also be used as a school bus route for drop off and pick up to South Pointe Middle School. The terminus of this street at South Pointe Middle School will restrict through access to Larkstone Drive. The legal documents have been reviewed and approved. P"el)crred hy: Dtwid G. Lin, Rose Mcfnelo RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA ACCEPTING A GRANTING OF CERTAIN REAL PROPERTY HEREIN DESCRIBED FOR PUBLIC PURPOSES, A. RECITALS (i) WHEREAS, on July 1, 1997, the City Council of the City of Diamond Bar approved the Final Maps for Tracts 32400, 52228, 52203 and 52204, which in part locates this secondary access. (ii) WHEREAS, Walnut Valley Unified School District, a California public school district is the owner of the property herein above generally described and has offered the City of Diamond Bar a deed for such portions of property more particularly described in that Quitclaim Deed attached hereto as Exhibit "A". (iii) WHEREAS, the City Engineer has reviewed, approved and recommends acceptance of the deed. B. RESOLUTIONS NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS: I . The City Council of the City of Diamond Bar does hereby find that all of the facts set forth in Part A - Recitals, of this Resolution are true and correct. 2. The City Council of the City of Diamond Bar does hereby accept the Quitclaim Deed attached hereto as Exhibit "A", from Walnut Valley Unified School District, a California public school district, and consents to recordation of the deed. The City Clerk is hereby authorized and directed: (a) to execute a Certificate of Acceptance as required by Section 27281 of the Government Code, (b) to forthwith cause the deed along with the Certificate of Acceptance to be recorded on behalf of the City in the Office of the County Recorder and to execute any and all other documents as may be necessary or convenient to effect the recordation; and (c) to certify to the adoption of this resolution. PASSED, APPROVED AND ADOPTED THIS DAY OF , 1998. Carol Herrera, Mayor City of Diamond Bar, California 1, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the day of 1998, by the following roll call vote: AYES: COUNCIL MEMBER(S): NOES: COUNCIL MEMBER(S): ABSENT: COUNCIL MEMBER(S): ABSTAINED: COUNCIL MEMBER(S): ATTESTED Lynda Burgess, City Clerk City of Diamond Bar, California Recording Requested By When Recorded Mail To City of Diamond Bar 21660 E. Copley Dr. Diamond Bar, Ca_ 91765 Attn: City Manager (Space above this line for Recorder's use) QUITCLAIM DEED THE UNDERSIGNED GRANTOR(s) DECLAREN DOCUMENTARY TRAN' F ER TAX IS -0- [] unincorporatec area [] City of Diamond Bar Parcel No. _ ❑ Computed on full value of property conveyed; OR ❑ Computed on full valueless liens or ercumbrances remaining at time of sale, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, WALNUT VALLEY UNIFIED SCHOOL DISTRICT, a California public school district, does -hereby REMISE, RELEASE AND FOREVER QUITCLAIM to CITY OF DIAMOND BAR CALIFORNIA, a municipal corporation, the following described real property in the City of Diamond Bar, County of Los Angeles, State of California, described as See Exhibit "A" attached hereto and by this reference made a part hereof. Dated WALNUT VALLEY UNIFIED SCHOOL DISTRICT, a California public school district STATE OF CALIFORNIA COUNTY OF LOS ANGELES On G a° before me, &Oe-rta L. —b 1,4 nca rt notary publ c, personally appeared V -i r r►o n rn ca%t ras and , personally known to me (ar Proved to nip -op rl, ba f 4i f &n",e-s""{arf7!e) to be the person($ whose name($' is/aee- subscribed to the within instrument and acknowledged to me that he/sly executed the same in hisAie4lheir authorized capacity4ot), and that by his/hei4their signature) on the instrument the person(A or the entity upon behalf of which the persono acted, executed the instrument. WITNESS my hand and official seal. Si nat re of Notary By f Signature Vernon jlYlrout Print Name/Title �}ssT•-S'"pe-rnr;, den By Signature Print Namefritle L DtJNCA�I �jk MM. X1091555 Y KOX . CAJFOFM (This area for official notarial seal) MAIL TAX STATEMENTS TO: I/ I L :), -D H&A # 4102 Name Address EXHIBIT "A" PARCEL 1: A dedication for public road purposes, in the City of Diamond Bar, County of Los Angeles, State of California, being a portion of Lot 53 of Tract No. 35742 as per map filed in Book 927, Pages 23 through 27, inclusive, of Maps, in the office of the County Recorder of said County, said portion described as follows: Commencing at the Northerly terminus of that certain course shown as "North 04142'02" East 598.05 feet" on the Centerline of "Frontage Road" as shown on State of California Department of Transportation Right -of -Way Map No. F1674-1, dated September 19,1967; thence perpen- dicular to said course on a different basis of bearings North 85°00'51" West 44.00 feet to a line parallel with and 44.00 feet Westerly, measured at right angles, from said certain course; thence along said parallel line South 04°59'09" Nest 179.51 feet to a point of cusp with a curve concave Southwesterly having a radius of 23.00 feet; thence Northwesterly along said curve through a central angle of 87°39'25" a distance of 35.19 feet to a tangent reverse curve concave Northeast- erly having a radius of 282.00 feet; thence Northwesterly along said reverse curve through a central angle of 07'10'48" a distance of 35.34 feet to the Easterly line of said Lot 53 and the TRUE POINT OF BEGINNING; thence leaving said Easterly line and continuing Northwest- erly along said reverse curve through a central angle of 41°48'27" a distance of 205.77 feet to a tangent reverse curve concave Southwesterly having a radius of 218.00 feet, the Northwesterly terminus of said curve being tangent to a line parallel with and 23.50 feet Southerly, measured at right angles, from the North line of Section 20, Township 2 South, Range 9 West, San Bernardino Meridian according to the Official Plat of said land; thence Northwesterly along last said reverse curve through a central angle of 56°10'16" a distance of 213.72 feet to last said par- allel line; thence along said parallel line North 89051'17" West 556.98 feet to a tangent curve concave Northeasterly having a radius of 382.00 feet, said curve passing through the intersec- tion of the North line of Section 20, Township 2 South, Range 9 West, San Bernardino Merid- ian according to the Official Plat of said land; with that certain course described as "South Revised: January 13, 1997 December 10, 1996 Page 1 of 3 W.O. 1635-32400 H&A Legal No. 4102 Prepared By: J. Stablein Ck'd By: B. Etemadi/tj/fh ��g 265925 20°52'08" East 336.87 feet" in the Easterly boundary of the land described in Deed recorded September 8, 1988, as Instrument No. 88-1430216 of Official Records of said County; thence Northwesterly along said curve through a central angle of 20°12'07" a distance of 134.69 feet to said intersection; thence non -tangent to said curve and along said North line of Section 20 South 89°51' 17" East 763.50 feet; thence continuing along said North line South 89°51'37" East 71.00 feet to a point on a non -tangent curve concave Southwesterly having a radius of 282.00 feet, said curve being concentric with and 64.00 feet Northeasterly, measured radially, from that certain curve hereinabove described as having a radius of 218.00 feet and a central angle of 56010'16", a radial line to said point bears North 31°13'47" East; thence leaving said North line and Southeasterly along said concentric curve through a central angle of 25005'12" a distance of 123.47 feet to a tangent reverse curve concave Northeasterly having a radius of 218.00 feet, said curve being concentric with and 64.00 feet Northeasterly, measured radially, from that certain curve hereinabove described as having a radius of 282.00 feet and a central angle of 41048'27"; thence Southeasterly along said concentric reverse curve through a central angle of 31°12'26" a distance of 118.74 feet to said Easterly line of said Lot 53; thence non -tangent to said curve and along said Easterly line South 22017'58" West 4.25 feet and South 18°08'02" East 75.42 feet to the TRUE POINT OF BEGINNING. PARCEL 2: A dedication for public road purposes, in the City of Diamond Bar, County of Los Angeles, State of California, being that portion of Section 17, Township 2 South, Range 9 West, San Bernardino Meridian according to the Official Plat of said Land, said portion described as fol- lows: Beginning at the intersection of the South line of said Section 17 with that certain course described as "South 20°52'08" East 336.87 feet" in the Easterly boundary of the land described in Deed recorded September 8, 1988, as Instrument No. 88-1430216 of Official Records, said intersection being a point on a non -tangent curve concave Northeasterly having a radius of 382.00 feet, the Easterly terminus of said curve being tangent to a line parallel with and 23.50 feet Southerly, measured at right angles, from said South line of Section 17, a radial line to said Revised: January 13, 1997 December 10, 1996 Page 2 of 3 W.O. 1635-32400 H&A Legal No. 4102 Prepared By: J. Stablein Ck'd By: B. Etemadi/tj/fh 98 265925 point bears South 20120'50" West; thence leaving said intersection and Northwesterly along said curve through a central angle of 45°57'30" a distance of 306.41 feet; thence tangent to said curve North 23°41'40" West 65.60 feet; thence North 65°12'41" East 64.01 feet to a line parallel with and 64.00 feet Northeasterly, measured at right angles, from last said course described as "North 23°41'40" West 65.60 feet"; thence along said parallel line South 23°41'40" East 66.82 feet to a tangent curve concave Northeasterly having a radius of 318.00 feet, said curve being concentric with and 64.00 feet Northeasterly, measured radially, from that certain curve here- inabove described as having a radius of 382.00 feet and a central angle of 45°57'30"; thence Southeasterly along said concentric curve through a central angle of 34050'28" a distance of 193.37 feet to said East line of Instrument No. 88-1430216; thence non -tangent to said curve and along said East line South 20°52'57" East 93.03 feet to the Point of Beginning. Parcels 1 and 2 as shown on Exhibit "B" attached hereto and by this reference made a part hereof. MCG �.� 0 �2 w No.23956 M E, p. 12/31/01 PF CAL Tom R. McGannon, R.C.E. 23956 Registration Expires: December 31, 2001 Revised: January 13, 1997 December 10, 1996 Page 3 of 3 W.O. 1635-32400 H&A Legal No. 4102 Prepared By: J. Stablein Ck'd By: B. Etemadi/tj/fh 98 265925 2�S,. W W rJA w w EXHIBIT "B" Sketch to Accompany Legal Description A Naso F AonO OC j N ___ r ' 4S _ _ _ - .�� tiigA q F 46"'P�q W Np T p 61' - ox- o 9 � ,6,> T�q F ST �9� NSAO qTF os� 'QT OF ' - eo' x� / j9S9�9 Q� 9T0 N ` 06 O W icy - ' 'a C1 � .� - S1808p2 �9 "E a 2 1 42.30' �y pyoGjly h���^� 052 - G 5.42_,, �\ 66.88 ; _ No>19, LD --z' Q �O� ��� � `_213 � • R' PARCEL 1 0.854 AC. 37,178 SQ- FT. CZIRVF nATA TARLF. CURVE DELTA RADIUS LENGTH C1 87'39'25" 23.00' 35.19' C2 0710'48" 282.00' 35.34' C3 41'48'27" 282.00' 205.77' C4 31'12'26" 218.00' 118.74' T.TNF nATA TARI.F LINE BEARING DISTANCE L1 N22'17'58"E 139.41' L2 N22'17'58"E 135.16' L3 S22.17'58"W 4.25' Hunsaker & Associates DEDICATION Irvine, Inc. FOR PUBLIC ROAD PURPOSES M Three Hughes, /wine, CA 92716 • (714) 583-1010 Planning • Engineering • Surveying CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA DATE: 12-10-96 oATE 1-13-97 e� B. ETEMADI e.° J. STABLEIN SCALE. 1"=100' W.O. 949-70AX K \DT\1635\32400\CALL\LD\4102\SHTI.DWG I N' 875-1 1 H&A LEGAL No. 4102 1 SHEET 1 OF 2 98 265925 EXHIBIT "B" Sketch to Accompany Legal Description LU Uj C/) o CV LU LLI C/) PAPr.Fl I E'Ly 80U1VD,4F?y or. 0.854 AC. "0' 88-14,309, INST. 37,178 SQ. FT. O.R. P-0-13 IN20-52'57"w PCL 2 244-1-1— 14' S23,411 40 E ';�31 V'j .51 66.82'-\ 30 �,=34'50'28�% --03.60 - - `\i, - �s:--45'57 6U N23*41'4011W PARCEL 2 0.466 AC. 20.304 SQ. FT. &'In Hunsaker & Associates EASEMENT Irvine, Inc. Three Hughes, Irvine, CA 92716 - (714) 583-1010 FOR PUBLIC ROAD PURPOSES Planning - Engineering - Surveying CITY OF DIAMOND BAP, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA DATE: EV. 12-10-967,,ATE None B. ETEMADI Zy." J. STABLEIN SCALE: 1"=100' W.0.1635-32400 LOC K \DT\1635\32400\CALC\LD\4102\SHT1.DWG 114 875-1 H&A LEGAL No. 4102 SHEET 2 OF 2 98 265925 9 SCALE, 1 ' = 200' 1,OD701,t3 nr3t'�Db�� �Z3vfbv2ir�'1� 0--4n0DQrl h1-< 3 I ybt:l C AGENDA NO. 8.1 NO DOCUMENTATION AVAILABLE AGENDA NO. 8.2 NO DOCUMENTATION AVAILABLE MINUTES OF THE DIAMOND BAR REDEVELOPMENT AGENCY O MEETING OF THE BOARD OF DIRECTORS REGULAR FEBRUARY 17, 1998 �A CALL TO ORDER: Chairman Huff called the meeting to order at 8:06 p.m. ROLL CALL: Agency Members Chang, Herrera, O'Connor and Chairman Huff. Vice Chairman Ansari was excused. 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 and Lynda Burgess, Agency Secretary. 2. PUBLIC COMMENTS: None offered. 3. 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, Chair/Huff NOES: AGENCY MEMBERS - None ABSENT: AGENCY MEMBERS - VC/Ansari 3.1 APPROVED MINUTES - Regular Meeting of February 3, 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 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. RA98-02: 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 Road between Golden Springs Dr. and Pathfinder Rd. to Norris- Repke, Inc. ($56,123): contingency $6,000); 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 Springs Dr. between Brea Canyon Rd. and the westerly City Limits and Lemon Ave. between Golden Springs Dr. and the northerly City Limits to INCA Engineers ($75,346; contingency $8,000); and 4) Golden Springs Dr. between Grand FEBRUARY 17, 1998 PAGE 2 REDEV. AGENCY 4 k-1 R 7 Ave. and Torito Ln. to Hall & Foreman Inc. ($28,840; contingency $3,000). 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. PUBLIC HEARINGS: None OLD BUSINESS: 5.1 APPROVED BUDGET MODIFICATION - AM/Herrera moved, AM/Chang seconded, to approve the adjustments to the Fiscal Year 1997/1998 Budget. Motion carried by the following Roll Call vote: AYES: AGENCY MEMBERS - Chang, Herrera, O'Connor, Chair/Huff NOES: AGENCY MEMBERS - None ABSENT: AGENCY MEMBERS - VC/Ansari NEW BUSINESS: None AGENCY MEMBER COMMENTS: AM/Herrera stated that on March 3, 1998, Council will review project areas and business concerns. Chair/Huff explained that as part of the redevelopment effort, the actions taken tonight will free up monies in the General Fund to spend on items other than street rehabilitation projects and other high priority items. AGENCY ADJOURNMENT: There being no further business to conduct, Chair/Huff adjourned the meeting at 8:13 p.m. ATTEST: Chairman LYNDA BURGESS, Agency Secretary