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HomeMy WebLinkAbout8/4/1998Cit 01A11C tf AGENDA Tuesday, August 4,199 8 5:00 p.m., Study Session CC 3&5 6:00 p.m., Closed Session 6:30 p.m. Regular Meeting South Coast Air Quality Management District Auditorium 21865 East Copley Drive DiamondBar, California 91765 Mayor Mayor Pro Tem Council Member Council Member Council Member City Manager City .Attorney City Clerk Carol Herrera Wen Chang Eileen Ansari Bob Huff Debby O'Connor Terrence L. Belanger Michael Jenkins Lynda Burgess Copies of staff reports, or other written documentation relating to agenda items, are on file in the Office of the City Clerk, and are available for public inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 860-2489 during regular business hours. In an effort to comply with the requirements of Title 11 of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking, eating or drinking in the Council Chambers. The City of Diamond Bar uses recycled paper and encourages you to do the same. PUBLIC INPUT The meetings of the Diamond Bar City Council are open to the public. A member of the public may address the Council on the subject of one or more agenda items and/or other items of which are within the subject matter jurisdiction of the Diamond Bar City Council. A request to address the Council should be submitted in writing to the City Clerk. As a general rule the opportunity for public comments will take place at the discretion of the Chair. However, in order to facilitate the meeting, persons who are interested parties for an item may be requested to give their presentation at the time the item is called on the calendar. The Chair may limit the public input on any item or the total amount of time allocated for public testimony based on the number of people requesting to speak and the business of the Council. Individuals are requested to refrain from personal attacks toward Council Members or other persons. Comments which are not conducive to a positive business meeting environment are viewed as attacks against the entire City Council and will not be tolerated. If not complied with, you will forfeit your remaining time as ordered by the Chair. Your cooperation is greatly appreciated. In accordance with Government Code Section 54954.3(a) the Chair may from time to time dispense with public comment on items previously considered by the Council. (Does not apply to Committee meetings) In accordance with State Law (Brown Act), all matters to be acted on by the City Council must be posted at least 72 hours prior to the Council meeting. In cases of emergency or when a subject matter arises subsequent to the posting of the agenda, upon making certain findings, the Council may act on an item that is not on the posted agenda. CONDUCT IN THE CITY COUNCIL CHAMBERS The Chair shall order removed from the Council Chambers any person who commits the following acts in respect to a regular or special meeting of the Diamond Bar City Council. A. Disorderly behavior toward the Council or any member of the thereof, tending to interrupt the due and orderly course of said meeting. B. A breach of the peace, boisterous conduct or violent disturbance, tending to interrupt the due and orderly course of said meeting. C. Disobedience of any lawful order of the Chair, which shall include an order to be seated or to refrain from addressing the Board; and D. Any other unlawful interference with the due and orderly conduct of said meeting. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL Agendas for the regular Diamond Bar City Council meetings are prepared by the City Clerk and are available 72 hours prior to the meeting. Agendas are available electronically and may be accessed by a personal computer through a phone modem. Every meeting of the City Council is recorded on cassette tapes and duplicate tapes are available for a nominal charge. ADA REQUIREMENTS A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. Sign language interpreter services are also available by giving notice at least three business days in advance of the meeting. Please telephone (909) 860-2489 between 8 a.m. and 5 p.m. Monday through Friday. HELPFUL PHONE NUMBERS Copies of Agenda, Rules of the Council, Cassette Tapes of Meetings (909) 860-2489 Computer Access to Agendas (909) 860 -LINE General Information (909) 860-2489 NOTE: ACTION MAY BE TAKEN ON ANY ITEM IDENTIFIED ON THE AGENDA. 1. �MI'SSIGN TO IBE TELEVISED. THIS MEETING i THE SATURDAY FOLLOWING THE COUNCIL MEE' :HANNEL 12. Next Resolution No. 98-46 Next Ordinance No. 04(1998) STUDY SESSION: 5:00 p.m., Room CC -3&5 Communications & Marketing CLOSED SESSION: 6:00 p.m., Room CC -3&5 Conference with legal counsel regarding anticipated litigation pursuant to California Government Code Section 54956.9(b). 2. CALL TO ORDER: 6:30 p.m., August 4, 1998 PLEDGE OF ALLEGIANCE: Mayor 3. INVOCATION: Pastor Larry Grigsby, Calvary Chapel ROLL CALL: Council Members Ansari, Huff, O'Connor, Mayor Pro Tem Chang, Mayor Herrera APPROVAL OF AGENDA: Mayor SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.2 Presentation by Pam Williams, representing Congressman Jay Kim, relating to the Grand Opening of Pantera Park. 3.2 Proclaiming Tuesday, August 4, 1998 as "National Night Out." 4. PUBLIC CMTS: "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 S,jeaker'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 CONCERTS IN THE PARK - Bobby Cochran & the Rock Around the Clock Show (501s) - August 5, 1998 - 6:30 p.m., Sycamore Canyon Park, 22930 E. Golden Spgs. Dr. AUGUST 4, 1998 PAGE 2 5.2 PLANNING COMMISSION - August 11, 1998 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.3 CONCERTS IN THE PARK - Alturas (Latin Jazz) - August 12, 1998 - 6:30 p.m., Sycamore Canyon Park, 22930 E. Golden Spgs. Dr. 5.4 TRAFFIC & TRANSPORTATION COMMISSION - August 13, 1998 - AQMD Board Hearing Room, 21865 E. Copley Dr. 5.5 CITY COUNCIL MEETING - August 18, 1998 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: 6.1 APPROVAL OF MINUTES: 6.1.1 Regular Meeting of July 7, 1998 - Approve as submitted. Continued from July 21, 1998. 6.1.2 Special Joint Meeting of July 17, 1998 - Approve as submitted. 6.1.3 Regular Meeting of July 21, 1998 - Approve as submitted. Requested by: City Clerk 6.2 TRAFFIC & TRANSPORTATION COMMISSION MINUTES - Regular Meeting of June 11, 1998 - Receive and File. Requested by: Engineering Division 6.3 VOUCHER REGISTER - Approve Voucher Register dated August 4, 1998 in the amount of $1,063,838.26. Requested by: City Manager 6.4 TREASURER'S REPORT - Month of June, 1998. Recommended Action: Review and approve. Requested by: City Manager 6.5 EXTENSION OF CONSULTING AGREEMENT WITH J. MICHAEL HULS, R.E.A., FOR ENVIRONMENTAL MANAGEMENT SERVICES - The City has retained the services J. Michael Huls, R.E.A., a consulting firm with experience in solid waste planning and integrated environmental management program implementation. The agreement will expire on August 15, 1998; however, an option for extension is available. Consequently, the City has prepared to extend the AUGUST 4, 1998 PAGE 3 contract for one year. This extension will represent the third year of contract extensions. Recommended Action: It is recommended that the City Council (1) find that it is in the City's best interest to extend the existing contract and (2) approve and authorize the Mayor to extend the Consulting Services Agreement with J. Michael Huls, R.E.A., in an amount not - to -exceed $43,276 for services relating to administration of the City's solid waste permit system, coordination of AB 939 and program activities, and implementation of NPDES permit requirements. Requested by: Engineering Division 6.6 RESOLUTION NO. 98 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE INSTALLATION AT THE INTERSECTING LEG OF GOLDEN PRADOS DRIVE AND BRIDLE DRIVE - On July 9, 1998, the Traffic & Transportation Commission discussed and recommended to Council that a stop sign be installed at the intersecting leg of Golden Prados Dr. at Bridle Dr. The intent is to ensure that motorists on Golden Prados Dr. come to a complete stop at Bridle Dr. Recommended Action: It is recommended that the City Council adopt Resolution. No. 98 -XX entitled: A Resolution of the City Council of the City of Diamond Bar Approving the Installation of a Stop Sign at the Intersecting Leg of Golden Prados Dr. at Bridle Dr. Requested by: Engineering Division 6.7 EXTENSION OF VENDOR SERVICES FOR BUS EXCURSION RECREATION PROGRAM - Under the purchasing guidelines, awards for services to a single vendor may not exceed $10,000 without prior authorization from Council. The City offers 24 bus excursions for adults and seniors as a part of the recreation program each year. Requests for bids for providing these services are obtained from vendors prior to each excursion. Two vendors, Inland Empire Stages, Ltd. and Main Street Tours consistently submit the low bids for these services. Expected use of these vendors for FY 98/99 will result in the $10,000 ceiling being exceeded. In order to utilize the most qualified vendors at the lowest possible price, it is necessary to extend the $10,000 ceiling for these two vendors. Funds to provide bus excursion services are already included in the FY 98/99 budget and will have no financial impact on the budget. Recommended Action: It is recommended that the City AUGUST 4, 1998 PAGE 4 Council authorize additional work to be performed by Inland Empire Stages, Ltd. and Main Street Tours (consistently the two low bidders for this service) for the provision of bus excursion services for FY 98/99. The total amount to be awarded to these vendors for services rendered this FY year shall not exceed $11,000 for Inland Empire Stages, Ltd. and $49,000 for Main Street Tours. Requested by: Community Services Division 6.8 RESOLUTION NO. 98 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PROGRAM SUPPLEMENT NO. 002 TO THE STATE -LOCAL TRANSPORTATION PARTNERSHIP AGREEMENT NO. SLTPP 5455 FOR GRANT FUNDS UNDER THE STATE - LOCAL TRANSPORTATION PARTNERSHIP PROGRAM FOR THE DIAMOND BAR BOULEVARD STREET REHABILITATION PROJECT - The State - Local Transportation Partnership Program (SLTPP) was implemented in 1989 to encourage local agencies to fund and construct transportation improvement projects both on and off the State Highway System. On December 4, 1994, Council adopted Resolution No. 94-57 approving the State - Local Entity Master Agreement No. 07-5455 for grant funds for the SLTPP under Section 2600 et seq. of the Street and Highways Code. In March of 1997, a grant was applied for and approved by the State for Cycle 8 of the SLTPP Program. The City will receive $153,192. Recommended Action: It is recommended that the City Council adopt Resolution No. 98 -XX approving Program Supplement No. 002 to the State -Local Transportation Partnership Agreement No. SLTPP 5455 and direct the City Clerk to forward the two originals to the State of California Department of Transportation for final execution. Requested by: Engineering Division 6.9 RESOLUTION NO. 98 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE DESTRUCTION BY THE CITY CLERK OF CITY RECORDS AND DOCUMENTS WHICH ARE NO LONGER REQUIRED AS PROVIDED UNDER GOVERNMENT CODE SECTION 34090 - Government Code Section 34090 provides that, "with the approval of the legislative body by resolution and the written consent of the city attorney the head of a city department may destroy any city record, document, instrument, book or paper, under his charge, without making a copy thereof, after the same is no longer required." Destruction of the materials referenced in Exhibit "A" attached to the proposed resolution is determined necessary in order to conserve storage space, reduce staff time, expense and confusion in handling AUGUST 4, 1998 PAGE 5 information and informing the public. Recommended Action: It is recommended that the City Council adopt Resolution No. 98 -XX approving the destruction of certain records which are no longer required as provided by Government Code Section 34090. Requested by: City Clerk 6.10 LANDSCAPE MAINTENANCE AGREEMENT WITH STANDARD PACIFIC CORPORATION FOR PROPERTY LOCATED ON BREA CANYON ROAD AT DIAMOND CREST LANE - Standard Pacific Corporation has requested approval of an agreement granting permission to construct and maintain landscaping, decorative walls and a water element on City -owned property adjacent to their 107 -home development currently under construction. Recommended Action: It is recommended that the city Council authorize the Mayor to enter into an agreement with Standard Pacific Corporation for Landscape Maintenance. Requested by: Planning Division 7. PUBLIC HEARINGS: 7:00 p.m. or as soon thereafter as matters can be heard. None 8. OLD BUSINESS: 8.1 SECOND READING OF ORDINANCE NO. 03(1998): AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING CHAPTER 8.24 OF TITLE 8 OF THE DIAMOND BAR CITY CODE, ADOPTING BY REFERENCE DIVISION 1 OF TITLE 8 AND DIVISION 1 OF TITLE 11 OF THE LOS ANGELES COUNTY CODE, AND REVISING THE CITY HEALTH CODE - L.A. County has adopted an ordinance enhancing current public health requirements for operation of food establishments. The City is considering adoption to ensure continuity with County regulations and effective enforcement. On July 21, 1998, Council concluded its public hearing and requested amendments to the Ordinance relating the posting of inspection grades. Recommended Action: It is recommended that the City Council review the proposed amendments, waive further reading and approve for 2nd reading Ordinance No. 03(1998) revising the City Health Code. Requested by: Planning Division 8.2 STAFF REPORT ON RECOMMENDATIONS OF THE DIAMOND BAR SOLID WASTE STANDARDS TASK FORCE - The final report of the Solid Waste Standards Task Force (SWSTF) was presented to AUGUST 4, 1998 PAGE 6 Council on July 21, 1998. Council then requested staff to evaluate the recommendations and bring back their assessment of the time and resources required to fully evaluate the SWSTF recommendations. Staff found that f SWSTF recommendations require additional study, while the rest are already planned for implementation as dictated by the Source Reduction and Recycling Element (SRRE). The items requiring further study include: variable rates, automated collection featuring a three barrel system, yard waste collection, selecting a single hauler for the single-family residence sector, and extending mandatory service to multi -family residences. The time schedule, if all studies are selected, is estimated at six months with a combined staff and consultant time of approximately 158 hours. Recommended Action: It is recommended that the City Council review the staff report and provide direction concerning the key findings of the SWSTF. Requested by: Engineering Division 8.3 SELECTION OF RECREATION SERVICES PROVIDER - Items (A) and (B) relate to the selection of the recreation services provider. If staff's recommendation for item (A) is approved by Council, item (B) will not be necessary. If Council approves another option available for item (A), then it becomes necessary to take action on item (B). Approval of item (B) will extend the existing contract with the City of Brea for four (4) additional months, through December 31, 1998, and provide the time necessary to implement the action approved by Council on item (a). (A) The extended contract with the City of Brea to provide recreation services in D.B. expires on August 31, 1998. In response to a Request for Proposals (RFP), the City has received proposals from the Cities of Brea and Chino Hills. D.B. staff also developed an in-house proposal as an alternative to contracting with another city for this service. Staff has interviewed each of the proposers and presented the results of the review process to Council at a study session on June 16, 1998. Based on the need to provide high quality service at a reasonable cost, staff believes that the City of Brea should continue as the recreation services provider. Brea has provided this service to the community for the past seven years and continues to provide a quality program. Brea is responsive to the City's needs and has a well developed system established in Brea that provides the necessary staff support to operate this contract successfully. AUGUST 4, 1998 PAGE 7 Recommended Action: It is recommended that the City Council select the City of Brea as provider of recreation services in D.B. for the period September 1, 1998 through June 30, 2001 (3 years). It is further recommended that the City Council direct staff to bring back the proposed contract with the City of Brea to the next City Council meeting for approval. (B) This agenda item will not be necessary if staff's recommendation for Agenda Item (A )is approved by the City Council. If City Council approves an alternative available in Item (A), it will be necessary to contract with the City of Brea until December 31, 1998 (four additional months), as a transition period for the method of providing recreation services. The proposed four month contract extension with Brea will cost $160,297 and generate $107,947 in revenue. The four-month extension will be added to an existing 12 month contract that already has a four-month extension. Approval of a new four-month extension to this contract will result in a twenty -month contract (May 1, 1997 through December 31, 1998) for total expenditures of $737,255 and revenues of $516,311, resulting in a net cost of $220,944. Recommended Action: It is recommended that the City Council authorize a contract extension with the City of Brea to provide recreation services in Diamond Bar through December 31, 1998, for a total contract amount of $737,255 (May 1, 1997 through December 31, 1998 - a total period of 20 months). Requested by: Community Services Division 9. NEN BUSINESS: None RECESS TO REDEVELOPMENT AGENCY MEETING Next Resolution No. 98-07 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 AUGUST 4, 1998 PAGE 8 im-03 i I at 3. CONSENT CALENDAR: 3.1 APPROVAL OF MINUTES - Regular Meeting of July 21, 1998 - Approve as submitted. Requested by: Agency Secretary 3.2 VOUCHER REGISTER - Approve Voucher Register dated August 4, 1998 in the amount of $144,682.12. Requested by: City Manager 4. PUBLIC HEARINGS: 5. OLD BUSINESS: None 6. NEN BUSINESS: None 7. AGENCY SER 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 ADJOUR14MENT : RECONVENE CITY COUNCIL MEETING: 10. COUNCIL SUB-COW41TTEE REPORTS: 11. COUNCIL NUMBER. COMMENTS: Items raised by individual Council Members are for Council discussion. Direction may be given at this meeting or the item may be scheduled for action at a future meeting. 12. ADJOURNMENT: CITY OF DIAMOND BAR NOTICE OF PUBLIC MEETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF DIAMOND BAR ) The Diamond Bar City Council will hold a Study Session at 5:00 p.m., CC -3&5 and a Regular Meeting in the AQMD Auditorium, located at 21865 E. Copley Drive, Diamond Bar, California at 6:30 p.m. on August 4, 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 August 4, 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 31st day of July, 1998, at Diamond Bar, California. /s/ Lynda Buraess Lynda Burgess, City Clerk City of Diamond Bar VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL 'TO CITY CLERK FR, )M; ,4D TRESS: OR, aANIZATION: AGE=NDA #/SUBJECT: DATE: PHONE: Ue I expect to address the Council on a subject agenda item. Please have the Council inutes reflect my name and address as written above. f ` Signature TO FR )M: AD )RESS: OR aAVIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL CITY CLERK G L. �1 Z-� /-/,C A clf� DATE: f � �' /1'�Ci✓� 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. l Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: (�_ l'� DATE: ADDRESS: �7,`CL iT L�e_�c`�t (� t�"�� EIL ✓ ��'PHONE:�,CC%' ORGANIZATION: AGENDA #/SUBJECT:;_ I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Skgnaturqf NA TO FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL CITY CLERK ir F` �/Y2c,�C DATE: PHONE: ,4,G; -::NDA #/SUBJECT: _/L%�- R/rrI 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 L ,1 FROM: Iz I� 1 5 DATE: ADDRESS: 2 "Z' C . e l U F �` _ PHONE: ORGANIZATION: ,�_ �_-- -- -- _ --- --- AGENDA #/SUBJECT: J • I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: `t.-�rr.g DATE:— ADDRESS: c/� i1�i:f/�. PHONE: ORGANIZATION: AGENDA #/SUBJECT: �— I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. -11)011r�7 - J. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO CITY CLERK J FROM: DATE: ADDRESS: PHONE: ORGANIZATION: AGENDA #/SUBJECT: Q' s-- 1 111A /A ; 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 2. 1. G=TY OF 1D122aIiO1?D HTSt "QUICK CAP" MINUTES AUGUST 4, 1998 STUDY SESSION: 5:10 p.m., Room CC -3&5 Communications & Marketing Present: Council Members Huff, O'Connor, MPT/Chang, M/Herrera. Council Member Ansari absent. Also Present: Terrence L. Belanger, City Manager; Michael Jenkins, City Attorney; James DeStefano, Deputy City Manager; David Liu, Deputy Public Works Director; Mike Nelson, Communications and Marketing Director; Bob Rose, Community Services Director; Joann Gitmed, Senior Accountant; Anne Haraksin, Administrative Asst.; Laurie Kajiwara, Marketing Coordinator; Steve Tamaya, Marketing Coordinator; and Tommye Cribbins, Deputy City Clerk. CMD/Nelson introduced Laurie Kajiwara and Steve Tamaya, both Marketing Coordinators. He then made a presentation regarding the City's Communications and Marketing Team and discussion of strategies for marketing in the City. He gave a Handout entitled Communications and Marketing Division FY 198-199 Overview and Objectives. Prior to Adjournment to Closed Session, CA/Jenkins requested that the City Council add one item to the Closed Session Agenda. This item came to his attention this afternoon and therefore qualified under the two prong test of adding items to the Agenda and there is a need to take action by tomorrow. C/Huff moved, C/O'Connor seconded to add the item on the Agenda. Motion approved by 4-0. C/Ansari absent. M/Herrera adjourned the meeting to Closed Session at 6:14 p.m. CALL TO ORDER: 6:53 p.m., August 4, 1998 CLOSED SESSION: 6:00 p.m., Room CC -3&5 Conference with legal counsel regarding anticipated litigation pursuant to California Government Code Section 54956.9(b). CA/Jenkins stated that before adjourning to Closed Session, by a 4/0 vote it added one item to the Closed Session. That item was a threat of litigation from a Law Firm representing Nextel. In the letter there was a threat of litigation that was received by him late this afternoon and required action by the City Council before tomorrow. Consequently, it met the standard for adding an item to the Agenda, under the Brown Act. No reportable Action was taken by the Council during Closed Session. AUGUST 4,1998 3. PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL: PAGE 2 C/Huff Pastor Dennis Morales, Calvary Chapel Council Members Huff, O'Connor, Mayor Pro Tem Chang, Mayor Herrera. C/Ansari arrived at 7:25 p.m. Also Present: Also Present: Terrence L. Belanger, City Manager; Michael Jenkins, City Attorney; James DeStefano, Deputy City Manager; David Liu, Deputy Public Works Director; Mike Nelson, Communications and Marketing Director; Bob Rose, Community Services Director; Joann Gitmed, Senior Accountant; Anne Haraksin, Administrative Asst.;and Tommye Cribbins, Deputy City Clerk. APPROVAL OF AGENDA: Mayor SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Pam Williams, representing Congressman Jay Kim, presented the City Council with a Congressional Recognition for the Grand Opening of Pantera Park. 3.2 Presented Capt. Richard Martinez, Walnut Sheriff's Station with a Proclamation, proclaiming Tuesday, August 4, 1998 as "National Night Out." Both Dr. Ron Hockwalt, representing the Walnut Valley Rotary Club and Pam Williams, representing Congressman Jay Kim's Office also presented Capt. Martinez with Recognitions acknowledging "National Night Out." Capt. Martinez, stated that at the Concert in the Park being held on August 5, 1998, the Walnut Sheriff's Station will have booths, including "Kids Print", McGruff, the Bike Patrol, Sane Deputies, to mention a few, beginning at 5:30 p.m., and invited the community to come and participate. M/Herrera also proclaimed the week of August 10 - 16, 1998 as Bicycle Safety Awareness Week. 4. PUBLIC COMMENTS: Clyde Hennessee - Felt that since he did not participate in the Parking Task Force, that he should return the Certificate of Recognition. Alan Wilson, 22809 Hilton Head Dr. Unit 7, spoke regarding the various law suits that have been brought against the City and AUGUST 4,1998 PAGE 3 felt that the money could be used more wisely then having to defend the City against certain individuals. Art O'Daly, President of D.B. Chamber of Commerce, congratulated the City Council and Staff for the opening of Pantera Park. He then introduced Jeff Kuntz, Interim Executive Director. Jeff Kuntz, spoke briefly of his qualifications and what he brings to the Chamber. M/Herrera asked CMD/Nelson to introduce his new staff. CMD/Nelson introduced Laurie Kajiwara and Steve Tamaya. 5. SCHEDULE OF FUTURE EVENTS: 5.1 CONCERTS IN THE PARK - Bobby Cochran & the Rock Around the Clock Show (501s) - August 5, 1998 - 6:30 p.m., Sycamore Canyon Park, 22930 E. Golden Spgs. Dr. - "National Night Out" Activities beginning at 5:30 p.m. at Sycamore Canyon Park. 5.2 PLANNING COMMISSION - August 11, 1998 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.3 CONCERTS IN THE PARK - Alturas (Latin Jazz) - August 12, 1998 - 6:30 p.m., Sycamore Canyon Park, 22930 E. Golden Spgs. Dr. 5.4 TRAFFIC & TRANSPORTATION COMMISSION - August 13, 1998 - AQMD Board Hearing Room, 21865 E. Copley Dr. 5.5 REDEDICATION OF DIAMOND BAR LIBRARY - Saturday, August 15, 1998 - 10:00 a.m., 1061 S. Grand Ave. 5.5 CITY COUNCIL MEETING - August 18, 1998 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.6 "DIAMOND BAR NIGHT AT QUAKES" - August 26, 1998 - 7:15 p.m. "Food Fair Package" is available for $5.00 which includes, transportation, admission to the game, hot dog and drink. Tickets will be available at the Concerts in the Park and at City Hall. 6. CONSENT CALENDAR: C/Ansari moved, MPT/Chang seconded to approve the Consent Calendar with the exception of Item No. 6.10. Motion carried 5-0 by Roll Call vote. 6.1 MINUTES: 6.1.1 Regular Meeting of July 7, 1998 - Approved as AUGUST 4,1998 PAGE 4 amended. 6.1.2 Special Joint Meeting of July 17, 1998 - Approved as submitted. 6.1.3 Regular Meeting of July 21, 1998 - Approved as submitted. 6.2 TRAFFIC & TRANSPORTATION COMMISSION MINUTES - Regular Meeting of June 11, 1998 - Received and Filed. 6.3 APPROVED VOUCHER REGISTER - Dated August 4, 1998 in the amount of $1,063,838.26. 6.4 APPROVED AND REVIEWED TREASURER'S REPORT - Month of June, 1998. 6.5 APPROVED EXTENSION OF CONSULTING AGREEMENT WITH J. MICHAEL HULS, R.E.A., FOR ENVIRONMENTAL MANAGEMENT SERVICES - Approved and authorized the Mayor to extend the Consulting Services Agreement with J. Michael Huls, R.E.A., in an amount not -to -exceed $43,276 for services relating to administration of the City's solid waste permit system, coordination of AB 939 and program activities, and implementation of NPDES permit requirements. 6.6 ADOPTED RESOLUTION NO. 98-46: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE INSTALLATION AT THE INTERSECTING LEG OF GOLDEN PRADOS DRIVE AND BRIDLE DRIVE. 6.7 APPROVED EXTENSION OF VENDOR SERVICES FOR BUS EXCURSION RECREATION PROGRAM - Authorized additional work to be performed by Inland Empire Stages, Ltd. and Main Street Tours for providing bus excursion services for FY 98/99. The total amount to be awarded to these vendors for services rendered this FY year shall not exceed $11,000 for Inland Empire Stages, Ltd. and $49,000 for Main Street Tours. 6.8 ADOPTED RESOLUTION NO. 98-47: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PROGRAM SUPPLEMENT NO. 002 TO THE STATE -LOCAL TRANSPORTATION PARTNERSHIP AGREEMENT NO. SLTPP 5455 FOR GRANT FUNDS UNDER THE STATE -LOCAL TRANSPORTATION PARTNERSHIP PROGRAM FOR THE DIAMOND BAR BOULEVARD STREET REHABILITATION PROJECT - Appointing the City Manager as agent for the City to conduct all negotiations, execute and submit all documents, and directing the City Clerk to forward the two originals to the State of California Department of Transportation for final execution. 6.9 ADOPTED RESOLUTION NO. 98-48: A RESOLUTION OF THE CITY AUGUST 4,1998 PAGE 5 COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE DESTRUCTION BY THE CITY CLERK OF CITY RECORDS AND DOCUMENTS WHICH ARE NO LONGER REQUIRED AS PROVIDED UNDER GOVERNMENT CODE SECTION 34090 - MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.10 APPROVAL OF LANDSCAPE MAINTENANCE AGREEMENT WITH STANDARD PACIFIC CORPORATION FOR PROPERTY LOCATED ON BREA CANYON ROAD AT DIAMOND CREST LANE - Authorize the Mayor to enter into an agreement with Standard Pacific Corporation for Landscape Maintenance. Following presentation by DCM/DeStefano, C/O'Connor moved, MPT/Chang seconded to approve. Motion carried 5-0 by Roll Call vote. 7. PUBLIC HEARINGS: None 8. OLD BUSINESS: 8.1 APPROVED FIRST READING OF ORDINANCE NO. 03(1998): AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING CHAPTER 8.24 OF TITLE 8 OF THE DIAMOND BAR CITY CODE, ADOPTING BY REFERENCE DIVISION 1 OF TITLE 8 AND DIVISION 1 OF TITLE 11 OF THE LOS ANGELES COUNTY CODE, AND REVISING THE CITY HEALTH CODE - CM/Belanger advised that although the item has been advertised as a second reading, the City Attorney has indicated that since the changes that were made are substantive and under the law, substantive changes made to ordinances require a first reading. DCM/DeStefano went on to go over the changes made to the Ordinance. Following discussion, MPT/Chang moved, C/Huff seconded to approve for first reading by title only, and waive full reading of Ordinance No. 03(1998). Motion carried 5-0 by Roll Call vote. 8.2 STAFF REPORT ON RECOMMENDATIONS OF THE DIAMOND BAR SOLID WASTE STANDARDS TASK FORCE - CM/Belanger gave a presentation regarding recommendations offered by staff. Following Council discussion and public comments, C/O'Connor moved, C/Ansari seconded to look at all five recommendations and directed staff and the consultant to proceed with the schedule as presented. Motion carried 5-0 by Roll Call vote. 8.3 SELECTION OF RECREATION SERVICES PROVIDER - CM/Belanger made a presentation stating that it is staff's AUGUST 4,1998 PAGE 6 recommendation to select the City of Brea as provider of recreation services for the period of September 1, 1998 through August 30, 2001. It amounts to three one-year contracts, giving the City, as well as the City of Brea the opportunity to terminate the contract at each of those year milestones with a 90 -day notice, which is how the City has operated to date. Following discussion C/O'Connor moved, C/Ansari seconded to award a contract to the City of Brea as the City's recreation services provider for the period September 1, 1998 through August 31, 2001 (3 years) and directed staff to bring back the proposed contract. Motion carried 5-0 by Roll Call vote. 9. NEW BUSINESS: None RECESS TO REDEVELOPMENT AGENCY MEETING 9:04 p.m. Next Resolution No. 98-07 CALL TO ORDER: Chairman Huff ROLL CALL: Agency Members Chang, Herrera, O'Connor, VC/Ansari, C/Huff Also Present: Also Present: Terrence L. Belanger, Executive Director; Michael Jenkins, City Attorney; James DeStefano, Deputy City Manager; David Liu, Deputy Public Works Director; Mike Nelson, Communications and Marketing Director; Bob Rose, Community Services Director; Joann Gitmed, Senior Accountant; Anne Haraksin, Administrative Asst.; and Tommye Cribbins, Deputy Agency Secretary. 2. PUBLIC COMMENTS: None 3. CONSENT CALENDAR: VC/Ansari moved, AG/Chang seconded to approve the Consent Calendar as presented. Motion carried 4-1 by Roll Call vote (AG/Herrera absent). 3.1 APPROVED OF MINUTES - Regular Meeting of July 21, 1998 - 3.2 APPROVED VOUCHER REGISTER - dated August 4, 1998 in the amount of $144,682.12. 4. PUBLIC HEARINGS: None 5. OLD BUSINESS: None 6. NEW BUSINESS: None AUGUST 4,1998 PAGE 7 7. AGENCY MEMBER COMMENTS: AGENCY ADJOURNMENT: With no further business to conduct Chair/Huff adjourned the meeting to August 18, 1998 at 4:00 p.m. RECONVENE CITY COUNCIL MEETING: 9:10 P.M. 10. COUNCIL SUB -COMMITTEE REPORTS: 11. COUNCIL MEMBER COMMENTS: 12. ADJOURNMENT: With no further business to conduct, M/Herrera adjourned the meeting to August 18, 1998 at 4:00 p.m., and in memory of Colleen Fritzal. JI__� L�) -) - - - Communications and Marketing Division FY '98-'99 Overview and Objectives Communications - Public Information - Public Education Ongoing projects/programs s Media advisories and story placement; media relations Press releases; story pitches, etc. ♦ Community Newsletter and Recreation Guide (quarterly) ♦ Administration of city's web site ♦ Community Calendar (quarterly) ♦ Public requests for information Telephone inquiries; e-mail; information packets, etc. ♦ Coordination of public information activities for community events City anniversary celebration, etc. ♦ Community information bulletin boards Coordination and placement of public notices and related city information ♦ Interdepartmental communications support Planned projects/programs ♦ Procurement, planning and implementation of the Automated Citizen's Information System (4-6 month project) ♦ Web site enhancement project (e.g., audio/video/photography) ♦ Development of Communications and Marketing Strategic Plan and Standard Operating Procedures ♦ Development of monthly internal employee communications media "E -news " ♦ Development of specialty publication piece for grade school students Introduction to city government/city services/departments, etc. ♦ Development of 10`x' Anniversary promotional piece (e.g., commemorative T-shirt) ♦ Ongoing development and enhancement of city information pieces City Council profiles, etc. Marketing and Business development Ongoing projects/programs ♦ Coordination and implementation of Business Visitation Program Site visit scheduling, follow-up, etc. ♦ Continued response to business-related requests for information Developer packets, etc. ♦ Development of marketing materials and advertising content Developer packets; property spec sheets; print/electronic advertisements and advertorials ♦ Continued research of business and economic trends, financing mechanisms, and business assistance resources for local business community ♦ Continued development of commercial/retail tenant database ♦ Continued development and promotion of city's Business Marketplace Program ♦ Continued participation, preparation and involvement in economic development trade shows, expositions and events. ♦ Continued marketing support for economic development/redevelopment projects and programs, as required. Planned projects/programs • Coordination and assistance in the development of the City's Economic Development Strategic Plan ♦ Development of Economic Development contact database ♦ Development of "Business Brief"hot hot sheet ♦ Development and implementation of business registration program ♦ Development of quarterly business seminar program for local business community ♦ Development of commercial brokers information tour and incentive program ♦ Enhanced marketing effort for local Business Marketplace Program Information Technology I Ongoing projects/programs ♦ Continued maintenance of city's local area network, computer hardware and software Diagnostics, troubleshooting, hardware/software upgrades ♦ Continued support for off-site systems, as needed Library, Heritage Park, etc. ♦ Continued assistance and end-user support (Council and staff) ♦ Continued maintenance and monitoring of City Online BBS Planned projects/programs ♦ Development, coordination, and implementation of citywide management information system upgrade Assessment, selection, and procurement of end-user systems and software, and assurance of Y2K compliance ♦ Coordination and hardware/software surplus effort for outdated equipment ♦ Development and coordination of in-house software training (`just the basics') program for Council/staff-, coordination of supplemental software training ("advanced') with outside consultants, as needed ♦ Development of long-range MIS plan for incorporation into Communications and Marketing Strategic Plan and Standard Operating Procedures 'rocla ,, K2�'IIJTA,�' l /' -iIVA' WYKI MS, the "15th Annual National Night Out"provides a unique opportunity Diamond Bar to join forces with thousands of other communities across the count cooperative, police -community crime prevention efforts; and WHEREAS, the City of Diamond Bar plays a vital role in assisting the Los Ange Department through joint crime, drug and violence prevention efforts in the City and is supporting "National Night Out 1998" locally; and WHEREAS, it is essential that all citizens of the City of Diamond Bar be aware of crime prevention programs and the impact that their participation can have f drugs and violence in the City of Diamond Bar; and WHEREAS, police -community partnerships, neighborhood safety, awareness op �e '' important themes of the "National Night Out"program; ` NOW, THEREFOR& BE IT RESOLVED THAT, the City Council of the City o is d hereby proclaim Tuesday, August 4, 1998 as "National Night Out" in the Ci D d` calls upon all citizens of the City of Diamond Bar to support the "15th Annu =N naa ig ut". DATED: August 4, 1998 Carol Herrera -nple" Proclamation UTIONAL NIGHT OUT 1998 - -, none! - -on of isunique, nation a olence p tion program on'1998 call dation Night Out WHEREAS, the "15th Annual National Night Out" provides a unique opportunity foi [YOUR CITY/COUNTY] to join forces with thousands of other communities across the country in promoting cooperative, police -community crime prevention efforts; and WHEREAS, [YOUR ORGANIZATION] plays a vital role in assisting the [LOCAL POLICE/SHERIFF'S DEPARTMENT] through joint mime, drug and violence prevention efforts in [YOUR CITY/COUNTYJ and is supporting "National Night Out 1998" locally; and WHEREAS, it is essential that all citizens of [YOUR CITY/COUNT`Y] be aware of the importance of crime prevention programs and the impact that their participation can have on reducing crime, drugs and violence in [YOUR CITY/COUNTY]; and WHEREAS, police -community partnerships, neighborhood safety, awareness and coop- eration are important themes of the "National Night Out" program; NOW, THEREFORE I/WE, [MAYOR/COMMISSIONERS], do hereby call upon all citizens of [YOUR CITY/COUNTY])and - W rd-" 15th Annual National Night Out" on August 4, 1998. FURTHER, LET IT BE RESOLVED THAT, I/WE, [MAYOR/COMMISSIONERS] , do hereby proclaim Tuesday, August 4, 1998 as "NATIONAL NIGHT OUT"'in (YOUR CITY/ COUNTY]. Mayor / President Secretary / Clerk Carol Herrera Mayor Wen Chang Mayor Pro Tem Eileen R. Ansari Council Member Robert S. Huff Council Member Deborah H. O'Connor Council Member Recyded paper July 29, 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 (885): (909) 860-5463 Pastor Larry Grigsby Calvary Chapel - Golden Springs 22342 Golden Springs Diamond Bar, CA 91765 Dear Pastor Grigsby.- This rigsby: This is to confirm your participation to provide the invocation at the Diamond Bar City Council Meeting on Tuesday, August 4, 1998, at 6:30 p.m. The meeting will be held in the Air Quality Management District Auditorium located at 21865 E. Copley Drive, Diamond Bar. In that we have many cultures and religions within our community, an ecumenical invocation would be appreciated. It is a pleasure to have representation from various churches within Diamond Bar participate at the City Council Meetings. Thank you for taking time out of your busy schedule to share with us. Sincerely, Lynda Burgess, CMC/AAE City Clerk LB/ms MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR JULY 7, 1998"R41%r CLOSED SESSION: None 2. CALL TO ORDER: Mayor Herrera called the meeting to order at 6:35 p.m. in the South Coast Air Quality Management District Auditorium, 21865 E. Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: Captain Martinez, Walnut Sheriffs Department INVOCATION: Christian Church Dr. James Price, Diamond Canyon ROLL CALL: Council Members Ansari, Huff, O'Connor, Mayor Pro Tem Chang, Mayor Herrera Also present were: Terrence L. Belanger, City Manager; Michael Jenkins, City Attorney; James DeStefano, Deputy City Manager; David Liu, Deputy Director of Public Works; Bob Rose, Community Services Director; Mike Nelson, Communications & Marketing Director; Joann Gitmed, Senior Accountant and Lynda Burgess, City Clerk. APPROVAL OF AGENDA: As presented. 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: None 4. PUBLIC COMMENTS: Clyde Hennessee said he did not receive the July 6, 1998 Special Council meeting agenda until that afternoon. He felt that the personnel matters could have been continued to tonight's meeting. He expressed concern that street sweeping is taking place every other week instead of weekly and certain areas such as alleyways are not maintained. He questioned how Concerts in the Park benefit the community. 5. SCHEDULE OF FUTURE EVENTS: 5.1 CONCERTS IN THE PARK - July 8, 1998 - 6:30 p.m. - Doo Wah Riders (Country Western/Bluegrass), Sycamore Canyon Park 5.2 TRAFFIC AND TRANSPORTATION COMMISSION - July 9, 1998 - 7:00 p.m., SCAQMD Hearing Board Room, 21865 E. Copley Dr. 5.3 PLANNING COMMISSION - July 14, 1998 - 7:00 p.m., SCAQMD Auditorium, 21865 E. Copley Dr. 5.4 CONCERTS IN THE PARK - July 14, 1998 - 6:30 p.m. - Film at Eleven and the Late Breaking Horns - (Classic 60's), Sycamore Canyon Park 5.5 CITY COUNCIL MEETING - July 21, 1998 - 6:30 p.m., SCAQMD Auditorium, 21865 E. Copley Dr. JULY 7, 1998 PAGE 2 CITY COUNCIL 5.6 CONCERTS IN THE PARK -July 22, 1998 - 6:30 p.m. -Mid West Coast Band (Top 40 Contemporary), Sycamore Canyon Park 5.7 PANTERA PARK GRAND OPENING -July 25, 1998 - 10:00 a.m. - 738 Pantera Dr. 5.8 DIAMOND BAR LIBRARY GRAND RE -OPENING - August 15, 1998 - 10:00 a.m., 1061 S. Grand Ave. 6. CONSENT CALENDAR: Moved by MPT/Chang, seconded by ClAnsari to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.1 APPROVED MINUTES: 6.1.1 Study Session of June 16, 1998 -As submitted. 6.1.2 Regular Meeting of June 16, 1998 - As submitted. 6.2 APPROVED VOUCHER REGISTER - dated July 7, 1998 in the amount of $489,584.73 for Fiscal Year 1997-1998 and $189,854.31 for Fiscal Year 1998-1999, for a total amount of $679,439.04. 6.3 REVIEWED AND APPROVED TREASURER'S REPORT - for month of May, 1998. 6.4 DENIED CLAIM FOR DAMAGES - Filed by Leslie Bellegia on June 3, 1998 and referred the matter for further action to Carl Warren & Co., the City's Risk Manager. 8. OLD BUSINESS: 8.1 ACCEPTANCE OF WORK COMPLETED IN ENVIRONMENTAL ENHANCEMENT AND MITIGATION (E.E.M.) TREE PLANTING PROJECT - The E.E.M. Tree Planting Project along the 57 Fwy. and at the 60 Fwy./Brea Canyon Rd. Interchange has been completed. A total of 421 trees were planted and a drip irrigation system utilizing reclaimed water was installed. Total cost of the project is $154,757, which is within the contract amount of $158,405. All costs will be reimbursed to the City by the State and ongoing maintenance is the responsibility of CalTrans. JULY 7, 1998 PAGE 3 CITY COUNCIL In response to C/Ansari, CSD/Rose stated that 15 gal. walnut, oak and sycamore trees were planted. In response to M/Herrera, CSD/Rose indicated that all of the funding for this project will be reimbursed by the State. MPT/Chang moved, C/Huff seconded, to accept work completed in the E.E.M. Tree Planting Project, direct the City Clerk to file the Notice of Completion and authorize release of the retention in the amount of $15,475.71 (10%) 35 days after recordation of said notice. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None RECESS TO REDEVELOPMENT AGENCY MEETING: 6:58 p.m. RECONVENE CITY COUNCIL MEETING: 7:00 p.m. 7. PUBLIC HEARINGS: 7.1 VESTING TENTATIVE TRACT MAP NO. 52267, CONDITIONAL USE PERMIT NO. 98-03, OAK TREE PERMIT NO. 98-01 AND ENVIRONMENTAL IMPACT REPORT NO. 97-02 (SCH 97031005) - Diamond Hills Ranch Partnership and SunCal Companies are requesting approval to subdivide 65 acres of a 339.3 acre site into 141 lots for development of 130 detached single family residence, 10 open space lots and one lot reserved for the W.V. Water District; remove and replace oak and walnut trees; and remove map restrictions on a portion of the 65 acres. The balance of the 339.3 acre site (274.3 acres) and all of Lot 9 of Tract No. 31479 would be dedicated to the City as open space. The project site is generally located east of D.B. Blvd. and north of Grand Ave. at the extension of Highcrest Dr. The Planning Commission concluded its review on May 12, 1998 and recommended approval. M/Herrera opened the Public Hearing. Tom Jones, Bonterra Consulting, the City's Environmental Consultant, presented an overview of the Environmental Impact Report. In response to C/O'Connor, CM/Belanger explained that a map restriction is a condition that says the City has a right to prohibit JULY 7, 1998 PAGE 4 CITY COUNCIL residential construction. It is not a prohibition of residential development, it is a right to prohibit residential development and, therefore, in this instance, Council retains the right to prohibit or allow residential construction. Deed restrictions, which do not apply to the proposed project, are generally restrictions that are placed in deeds that are conveyed to property owners. The most common types of deed restriction in D.B. is the kind that occur as a result of CC&R's that are promises to do or not do certain things in relationship to the use of private property and are between private property owners. The City is not a party to private property deed restrictions and no action that the City takes changes deed restrictions. CM/Belanger stated that the City received two letters from the law firm of Johnson & McCarthy, LLP regarding the proposed project, one dated June 19, 1998 and one dated July 7, 1998. He recommended that these letters be entered into the record. Applicant Todd Kurtin, Diamond Hills Ranch Partners and SunCal companies, stated that over the past two years, SunCal has analyzed all of the various elements to design the best and safest land use plan for the site and for the community in general. During the same period of time, the City's staff and outside consultants have reviewed, analyzed and critiqued the plans. Once staff completed its review and the EIR was made available for public comment, the project was forwarded to the Planning Commission, which recommended approval. He believed the controversy surrounding this project is centered around two issues - property rights and achieving the highest quality development for this property. His company's right to develop the property is clearly stated in the City's General Plan under Planning Area II. The General Plan describes the basic parameters for this development: A maximum of 130 single family detached residential dwelling units to be connected along the extension of Highcrest Dr. and that 75% of the total acreage be set aside and preserved as Open Space. There is no discussion in the General Plan which restricts the development to Lot 6. The framework behind this land use plan of Planning Area II was a Memorandum of Understanding (MOU) between the City and the previous owner, Bramalea. In the MOU, the City and Bramalea agreed to allow for the development of not less than 110 and not more than 135 homes on Lots 5, 6 and 7 - what is referred to as the retained property. The basic understanding agreed to in the MOU has withstood three revisions of the General Pian. 213 of D.B. voters showed support for the General Plan by voting down Measure D. He explained that the County had placed map restrictions on hundreds of properties in So. Calif. prior to the areas becoming cities. Many of these cities have removed the restrictions and allowed development to occur. The JULY 7, 1998 PAGE 5 CITY COUNCIL proposed project offers the following significant benefits to the City: 360 acres of vacant land dedicated to the City and preserved as Open Space (an increase of approximately 2 1/2 times what the City presently holds as Open Space); $250,000 contribution to the City's Parks Development Fund; consistency with the General Plan's Vision Statement; preservation of Sycamore Canyon, and design of a neighborhood that offers safety and enjoyment. Lex Williman, Planning Director for Hunsaker & Associates, the applicant's engineer, explained the proposed project. Dean Armstrong, Engineering Geologist for Pacific Soils, explained the geotechnical considerations for the proposed project. James Anderson, 23342 Stirrup Dr.: I have been in development for about 15 years - not in this area. The presentation was absolutely professional. I think the people did a magnificent job - a beautiful project. No question about it, but not in my backyard. I feel we have enough traffic right now on D.B. Blvd. I have a feeling that at some point in time our schools who (which) are crowded again which, of course, means more expense to the City. I feel very strongly that many of us came here for the beauty of this area. I feel, unfortunately, that the Planning Commission, which approved this, perhaps doesn't live here or are possibly thinking about moving. I want to say I love this city. I like it the way it is. Thank you. Rosie Bern, 1010 S. Park Spring Ln.: I have been a citizen and a taxpayer of D.B. since 1980. We had a population when I first moved in of 29,000 roughly. I think we're now, the latest figures are like 53,000 or so. I don't believe them. I think its more like 60,000. That was our maximum capacity at one time. Our density. I don't know if that's been reached or not, but I have a suspicion that it has been because 1 haven't seen those signs changed for a very long time. And my point is also that my quality of life has diminished due to the traffic congestion along D.B. Blvd. I go on D.B. Blvd. during the morning rush hour and I come back every evening and its a total mess between 57 and 60 or 71 and up Grand Ave. since it's been opened. And that needs to be addressed, maybe in the Transportation meeting I'll have to go to on Thursday night. Also, because, before we do any further development I simply have to look into our traffic problems. I'm also concerned that we're over populated and I think we've done as much development as we should have between three long miles - D.B. is only three miles long - and also, there's 130 houses that they're planning to put up on those hills and that's not one car per family. There's probably going to be two cars per family - that's another 260 cars going down to D.B. Blvd. and JULY 7, 1998 PAGE 6 CITY COUNCIL clogging it up even more. So I'd like to know the environmental impact and the traffic report. Even during construction, what that impact is going to have with the construction going on up there because I think it's really going to make it impossible to go on D.B. Blvd. I've also got other concerns about devastating the natural landscaping of our area. I came here because I like the hills and the canyons and I'm seeing more and more of them torn down. I like the open spaces. I don't want to see any further development. And, I have a problem thinking about, you're talking about there's landslides, possible landslides and who's going to be here after those landslides happen if we have another bad rainstorm like we did this year in February and March - who's going to be here to pay the damages. Is it going to be left to the city and the taxpayers? Who's going to accept the liability? That's what I would like to know. I don't want it to be on my tax bill, let's put it that way. And I'd like to see - I'm more concerned also, about the type of barriers that are going to be put up - if it's going to be sufficient to withhold rainstorms because it's a heavy hill. I've seen a lot of damage along D.B. Blvd. where the landscaping hasn't been too good. And they're not even as steep as the area that you're talking about. And I guess that's about all of my concerns if that could be addressed. I'm going to stay here until the end of the meeting to see if those questions could be answered. Stan Granger, 23800 Gold Nugget Ave.: I've lived here since 1980. At that time, the developer assured me that the large open area presently under discussion was map and deed restricted and it would never be developed, purposely to leave it as an open area. This present developer, Diamond Hills Ranch Partnership is only the most recent of several owners of this property. In other words, they purchased the property knowing full well that they could not develop it. So you do not have to concern yourself about restricting their rights as property owners or bailing them out of a known bad deal. You, the City Council, need only concern yourselves with the rights and wishes of the residents of D.B. This is the reason you are here - to represent us, the residents, not the developer. And why would you want to look after the developer's interest instead of the citizens of D.B. anyway? Judging from the disgusting performance of the Planning Committee in recent months where they rudely interrupted speakers, left the room while people were speaking and declaring themselves impartial and undecided in this matter, and then minutes later voting in favor of this project, virtually without full discussion, flying in the face of substantial opposition. Also, the city's management policy of notifying only those residents within 500 feet of development when this matter concerns all residents of D.B. makes one wonder what stake the city managers have in this development when they should be concerned with the desires of the residents who JULY 7, 1998 PAGE 7 CITY COUNCIL pay their salaries. So it seems that the Planning Commission doesn't want to represent the residents of D.B. And the City Manager doesn't want to represent the residents of D.B. It is now up to the City Council to make the right decision even though it should never have gone this far. So let's do the right thing and stop this ridiculous project here and now and put an end to something that should never have been started in the first place. You cannot build on this deed and map restricted property period. Sam Saffari, 24075 Highcrest Dr.: Thank you Mayor. Mayor, Council Members, people of D.B. - I'm going to go through this fast because I'm on a time clock of five minutes. I live at 24075 Highcrest in D.B. and I've been a resident for 11 years. I also want to thank SunCal project for allowing me to borrow their board. I'm against this project. I've been attending Planning Commission meeting for the past nine months. In that nine months and the number of meetings that I went to I've asked a number of questions and none of them were answered or none of the major ones answered. I'd like to address one and allow my fellow residents to get the others. The main question that we asked the City Commission was this project was never offered to the Commission within Lot 6 and as you can see from this plan that we have here, the green line represents Lot 6 where everything is supposed to be built and what is the houses that are going outside of Lot 6 are the ones that are in orange. And the rest of the plan produced - I would call it a mickey mouse plan because it lacked a lot of the necessary things such as the water tank inside, so on and so forth, and it was just talked about over the microphone. No actual plan has ever been presented for actual intelligent decision-making by the City Commission to see these two plans, one within Lot 6 which they are allowed to build. And I would like to, at this point, make a strong point that I believe that SunCal has a right, has a property right, but within parameters of what our General Plan has given them and they cannot come out of that right and allow us to believe that the land they are giving us in return is a favor. As Mr. Kurtin or SunCal was stating, the General Plan itself says they have a right to build on this land if they give us a 75% return - so they're not giving us anything, they have to give it to us. Point number two - I'm going to go through this real fast because I have other things to mention - this land that they give us, there is no guarantee that the City Council will not use for other purposes such as a financial disaster happening because of what ever project you have, revitalization program or your current Redevelopment Agency makes a mistake and oops - $ 20 million - now, we need to not become Orange County, we need to sell this land to a developer just like all the promises that we've heard over the years that this land is not going to be built - now its smaller - we'll take a bit more and we go JULY 7, 1998 PAGE 8 CITY COUNCIL forward. The guarantee in writing - a guarantee that a conservancy has taken it over prior to anything said over a microphone or that can be taken back and say no, we now have changed our minds. Those are my only two - I would like to mention at this point that there are many people in attendance who are not going to speak. These people have understandable problem with public speaking. They are here and I understand what you just mentioned, but I do not see any other way but to ask them to clap at this time to show how many residents are here to show their support that they are against this project. M/Herrera: They don't need to clap, but if they would raise their hands. Mr. Saffari: I would like to ask all the people who are against this project to please stand up if you are a D.B. resident. Thank you, ladies and gentlemen. Please be seated. I would like to, any D.B. resident who is for this project to stand up. I would like to know if you drive a car. Thank you. Please sit down. I would like to take this time - we have collected over this past nine months 2,000 signatures. I would like to thank all the people who walked the streets of D.B. collecting signatures - at this time many of them are in attendance - and I hope you have access to those signatures to see their names. And at this time also I would like to mention that a lawyer representing the residents of D.B. is in attendance but he's limited to five minutes. We asked both the commission's members to donate some of the speaker's time and write on your card that you would donate their time to the lawyer and please hand it in. A number of people already have handed in their cards with their time donated to the lawyer. And last, I would like to just mention real fast some of the points that Mr. Kurtin and his engineer brought up... M/Herrera: I'm sorry but you're out of time. Perhaps other residents could make the points that you were about to make. Thom Pruitt, 24242 Breckenridge Court: I'm President of Pop Warner Football and Cheerleading Association. This year, we're celebrating our 20th Anniversary of incorporation. But actually, we've been involved in providing programs for the City of D.B., the families here, for 30 years. And obviously, during that time, the organization could not possibly have survived without the strong support of civic leaders including current City Council and governmental officials. And we appreciate that very much. At the same time, we currently don't have a home field - a place that we can call home - to play our games and our other activities to have as a base. The reason for that obviously, is that there is an increasing scarcity of recreational facilities here in JULY 7, 1998 PAGE 9 CITY COUNCIL the City of D.B. and that's directly attributed to the lack of open space available for development of those recreational facilities. We have spoken with many of you to varying degrees about our concerns and have received quite a positive response. We've also spoken with leading officials of other organizations here within the city as well as, with Todd Kurtin of SunCal. And we have received very positive responses in all cases. We feel certain that as you continue to consider the issue before you that you will take into consideration as a priority the need to establish some sort of a sports and recreational complex here in the city. This is in addition to the about to open Pantera Park facility. Each year, including this year, approximately two weeks ago, when we try to allocate space for athletic facilities, recreational facilities for organizations within the city, there's always a conflict, a mild conflict, and that we try in a cooperative manner to divide up the facilities that are available. But they are far from adequate. Probably the loan exception within the city is the Little League which has a property that was provided by Transamerica Corp. some years ago and has been further developed by the families that utilize that particular facility. We're hoping that as you go forward with your consideration on this project before you that you will consider for open space use, whether you approve it or not, a sports facility - there are many models for this in surrounding municipalities. This would address the needs of citizens of various ages, the youth, a teen center, a senior citizen's center as well as, a complex that would include a playing field that could be used by various organizations. Soccer for example, has approximately 100-120 teams and maybe 1500 participants. We have almost 500 participants. And so forth, and so on. Thank you very much. Wendy Ann Goin, 809 Bridle Dr.: Thank you. Madam Mayor, City Council Members. Not to be redundant, I just want to reiterate something that someone said before about the aesthetics of the city that we live in. And I am a very recent member of D.B. I just moved here last month. And the reason being that I liked the city the way it is. If I wanted to have live in a concrete jungle type of home then I would not have moved to D.B. Maybe live in LA. But I chose D.B. because of the way it looks and I hope that you choose to leave it that way. The second point I'd like to make is that overcrowding of our schools which has a direct correlation to the quality of education that our children receive. I don't need to tell anybody here how we hear complaints about the poor level of education in California in general. This all has to do with overcrowded schools. And we have a development such as this. We have a hundred more kids coming into our schools. Where do we plan to put them? What type of education plans are we going to enforce? Do the children in our current schools, will they be suffering as a result? Third point I'd like to make JULY 7, 1998 PAGE 10 CITY COUNCIL is that everything should not be about dollars and cents. Unfortunately, in today's society, it is. It should be about quality of life. And just walking outside your home and seeing some beautiful green hills and not having a concrete jungle. It shouldn't be about dollars and cents and I'm wondering if the developers and the planners if that's maybe their focus since they don't live here. Another point I'd like to make is that it was stated before, I think by Mr. Belanger, that the City Council has a right to prohibit or not prohibit the residential building but someone thought it was important enough to keep that space and not to build on it. So they had that statement - that clause put in so that it could be hopefully not lifted because it was important enough for somebody to see this is a beautiful place. Let's not mess it up. Let's leave it as it is. And I think we should just take a step back and look and think about what that person maybe had in mind when they put that statement there. And also, a final point I'd like to address is - I don't know the gentleman's name. He made a point about there were five or more problems but the only two problems or three problems that were remaining that were not of any significance were the aesthetics, the air quality and the noise. I'm wondering, not of importance to whom. I mean these are exactly the points that we're all talking about - the aesthetics, the air quality, the noise - and I think if we just simply brush it aside and say well, these are the only three things that we haven't dealt with or we haven't taken care of. But those are the things that we should take care of if we're going to, you know, really address this entire project. Final point I'd like to make - final point, is that when does it end? You know, we build now and we say we're going to leave this much space and then the next 10 years, oops, we need some more land. And then another 20 years, ooh, yeah, we need to take a little more, you know, and when does it end. That's all. Thank you for your time. John Forbing: I moved here in 1975 and got involved on the D.B. Improvement Association Board and was President. I'm now the President of the D.B. Historical Society, so I do have some knowledge of the background of this community. When Transamerica originally planned this community in 1957, it was planned for 110,000 people. The D.B.I.A. for years fought the original zoning and got the zoning downgraded from multiples all along D.B. Blvd. to single family residences. It was a constant battle against the County. The only reason that the County ever put a map restriction on was because they wanted the developer to come back and stand in front of them and give them something to get it removed. Map restrictions were strictly done to get the property owner back in front of the Board of Supervisors. It had nothing to do with aesthetics or the feeling for the community by the Board of Supervisors at any time. The education JULY 7, 1998 PAGE 11 CITY COUNCIL comments that have been made by several people has absolutely nothing to do with the City Council. There is a school board that handles both ends of the community. They are the ones that are responsible for the schools. The state legislature has set up a way that the school districts collect money from every builder. Whenever they build a house they have to give so many dollars per square feet of that house to the school district to improve the schools. The community now has about 58,000 population. That includes the area that is west of the 57 freeway that was never included in the original Transamerica map of D.B. The 110,000 population did not include the area west of the 57 freeway. So, when you take into account that area the 58,000 is a lot less than what was originally planned. I think that this project is well thought out and well designed. I feel it will be an asset to the community and it's the responsibility of the City Council to work with the property owners of any property that has rights in the community and make sure that they do the best possible job of developing their property so that the community will benefit from it. I think that the open space that is being given by this property owner is going to be an asset and it's something that the City Council in the future can work on to add recreation areas. It's really a shame that a previous proposal that came to the community at a different part of town and a lot of people signed petitions just like they've done on this one without understanding what it was they were signing and fighting. The property is building homes right now on his original approved property. The same is that there is now a hill there where there could have been a park with room for soccer fields, baseball fields, an amphitheater, an extension of all of the recreation facilities from the middle school that was contiguous with that plus 1.2 million dollars a year forever of income to the City of D.B. from a retail area. The people that signed those petitions that stopped that project are also the people that when the alternative General Plan was on the ballot, soundly defeated it. The General Plan that was proposed by the City Council was approved, is in effect right now, and I think that this Council is doing a good job of requiring this developer to make sure that they have mitigated all of the problems and they should continue to work with the developer and approve the project. Don Gravdahl: Yes. Good evening. My name is Don Gravdahl. I know we've heard various times of living in the city. I think the wife and I bought our first homes here in 1967 when the County had a sign posted between the golf course and D.B. Blvd. on Golden Springs Rd. that was 3600 and some population. That 3600 and some population stayed there for quite a long time until probably the early part of the 70's when building started off. Most of the people, if we're going to Gose the door on property rights and say we love that beautiful hill up there, I loved that beautiful hill when the population was 3600 too, but JULY 7, 1998 PAGE 12 CITY COUNCIL I didn't have the money to buy that beautiful hill. Somebody else has paid property taxes on it over all of these years. I realize this particular property has changed hands several times, and I also realize that there are property rights to build on one parcel of about 130 homes. If this developer builds on that property - if he crams or goes in and does a screwy job of a development that you probably can't drive two cars down the street and meet each other and do all of the other things that we have in some parts of our city in the early 60's, maybe he can fit them in there. But if he does that, do you get 360 acres that he's talking about? Do you have the right to ask him for that? Because that's in that MOU that was signed in the early 90's if this was carried out so that this development could be a decent development. I've sat in the audience and to be very frank with you, this is the first presentation I've seen on it. Here you have a gate - guarded community. Everything back of that gate belongs to the homeowners. They're going to pay for the maintenance on those streets. They pay for everything once they pass through that gate. And yes, were going to collect taxes on those pieces of property even though they are maintaining the streets and everything else that's in it. As I understand, there's about 30 acres of green area that is also going to be the responsibility and ownership of these property owners. They're going to be paying for that as well, the maintenance and everything else on that. That's a real plus for our community. As far as the schools are concerned, I believe this falls in Pomona Unified School District and I'm sure the proper officials down there have got their hands out and they've figured out just exactly what to do with the money from the 130 homes. Yes, this builder has rights on it. And yes, he has proposed a project that does slop into some of the other ones that did have the Board of Supervisor's map restrictions on. But let's get the best possible project out of this. At least you will have something that the homeowners who will be living in that development with will have pride of ownership when they're done. You're going to eventually get 130 homes some way on this property. The rest of the property that is there will still be hanging and if it's in private ownership will still be coming back to this Council time after time after time. At least, if the city owns that property, if some of it is used for parks or recreation or whatever else, we know where it's at. We know that all of the residents from the very south tip of the city, the very west tip of the city and the very north tip of the city will benefit from this development and that land when the city has it. I realize that this City Council's got kind of a hard job and I'm sure that if you've looked over this project you're probably wondering why you were out there carrying your signs around asking for that job. Do your job. Give this developer his part and get all you can from him. Thank you. JULY 7, 1998 PAGE 13 CITY COUNCIL Dave Kersey, 23403 E. Wagon Trail Dr.: Thank you Madam Mayor, Council Members. I've been going to Planning Commission meetings since last September. And at the very first meeting when this project came up I asked questions of the Commission that have not been answered. The developer gave us facts - I'm not sure where the figures came from - stating that of these 130 homes, there will be 96 trips made in the morning between the hours of 7:00 a.m. and 9:00 a.m. and 131 trips in the evening between the hours of 4:00 p.m. and 6:00 p.m. If there's 130 homes and only 96 trips being made in the morning, somebody's not working. How did they buy the homes. And why is there 131 trips being made between the hours of 4:00 and 6:00 p.m. when the majority of people work until 5:00 p.m. So let's look at that traffic issue closely. I don't know if you've come down D.B. Blvd. in the evening towards north D.B., but it took me 25 minutes when I turned onto D.B. Blvd. from Brea Canyon Rd. to get to the post office this evening and that's between 6:00 p.m. and 6:25 p.m. We don't need any more cars. They also had facts and figures about the oak trees and walnut trees. There were 820 oak trees that are going to be preserved and exactly 410 that are going to be destroyed. And I asked how is that? Was it chance? Because in the other project that the developer pulled sometime earlier in this year which was Tract No. 52308 there were 20 oak trees and 10 were going to be destroyed. In each instance, exactly 50%of the trees, or I'm sorry - 1/3 of the total was going to be destroyed. And the same figure held for walnut trees. And this to me sounds like a figment of somebody's imagination. Carey Garza of SunCal looked into it and claims that its just pure chance. Please, let's check this out. These trees, these 410 oak trees, basically fall in one canyon. The 1230 oak trees total fall in the entire project - the lots that go from D.B. Blvd. all the way back to Sumn*ridge Park. And we're going to take exactly 1/3 of them out on D.B. Blvd. I don't know why we have to take them all out. It seems to me we should be able to preserve some. With regard to the water issues - hydrologic issues, there was one gentleman that came up at one Planning Commission meeting who was responsible for San Diego State project and he stated that they ran into some severe problems with water runoff that's a real issue when you get into slopes. Now, all of us have seen the water that accumulates in front of Sycamore Canyon Park there on D.B. Blvd. There's an area there that says be careful extra water and they stick signs out there. Tin Dr. is going to come down very steep and that water's only got one place to go that I can see and that's toward Sycamore Canyon Park. We'd better get our liability insurance increased to cover the accidents. The development impacts air quality. I've heard Mr. DeStefano say that several times. We cannot get around it. We exceed the environmental impact allowances. Let's not do that. And I've heard that they're not going to allow dynamiting. But even at that, JULY 7, 1998 PAGE 14 CITY COUNCIL we're still going to have slevere impact with dust. The noise is going to be something that we're going to deal with for several years. The aesthetics obviously are going to change the community. This is our last virgin hill. This is the last hill that D.B. residents have that are commuting up and down D.B. Blvd. to look at. Sand Canyon is gone. Lets save the last one. And getting back to the water issue, we had our hundred year rain this year. The slopes held real well. I hate to think what might happen. I do recall Gold Rush Dr. and I remember that that mud rushed all the way down Gold Rush, down D.B. Blvd. all the way to Golden Springs. We have enough trouble keeping our cars clean with these meridians that have water out in the street more than in the grass areas. And that, as I recall, was a project that the D.B. voters told the City we do not want. And yet they came back and it was put in against our wishes. George Davidson, 23426 E. Wagon Trail Rd.: First, I just wanted to mention that the speaker before Dave, I echo his thoughts that I want to find out what is the best possible project for this area. How can we possibly do that if there's never been a development proposal before you that is wholly contained within Lot 6? That is his legal right. If we don't have that to compare to, 1 just don't think we can find out what really the significant benefits are of allowing to lift the deed restrictions so that he can develop that additional land. The crux of my issues are around the liffing of the restrictions. I've talked to many of the Council Members, and it seems that in order to lift the restrictions, the issue here is that there has to be a significant benefit to the city. And the fact that we would be obtaining 360 acres of restricted land could possibly be a significant enough benefit to lift those restrictions, and I wanted to address that. The developer came up and said there's four significant benefits that he claims he's giving to the city:. The open space, the $250,000, following our Vision Statement, and safe neighborhoods. The safe neighborhoods I think we all understand. That's D.B. So that's not significant to me. I don't think that's a real significant benefit. And following our Vision Statement, I think that's what you're supposed to do. So as far as significant benefits its really just the land and the money. For the city to own restricted land, and I asked many of you Council Members, what is the significant advantage to the city owning it if its restricted land. And every Council Member that I talked to, and I believe the other Council Members up there in their campaigns talked about the preservation of open space. We want to preserve the open space. If we own that land, then we can preserve that open space. To me a significant benefit is, after you add up the pluses and you take away the minuses, there's enough pluses left over that it becomes significant. I want to remind the Council that we don't get this for free. This is not something that we are being given by the developer. In JULY 7, 1998 PAGE 15 CITY COUNCIL order to get our name on the dotted line of restricted land, we have to give this developer the right to destroy almost 19 additional acres of our precious open space. And I want to expound on that issue. This developer isn't coming to the Council and saying hey, I need a few extra square feet over here to make a little bit better configuration, or I need a couple of percentage extra to make a nicer layout in the land. This developer is asking you to lift restrictions on an additional 40%. This is not a developer who is trying to make a better plan. This is a developer, in my opinion, that is trying to take advantage of the system. 40%. The other point I want to make is, this is restricted land. Correct me if I'm wrong, but the only way you can develop restricted land is if you City Council Members lift those restrictions. So if your concern is to protect the open space, then what I say to you now is, please - we're talking about 19 additional acres of open space that you're going to allow this developer - you're considering to let this developer develop. Stay true. Stay consistent. Do not allow him to take that open space. Say no to the development and lifting of those restrictions. The second point that I wanted to make real quick because I know I'm on a time constraint, is an issue, like I said before, I talked with many of you Council Members. And one of the issues that I brought up to everybody was the amount of signatures that we got. We really didn't even try and we got close to 2,000 signatures. And I asked some of the Council Members, you know, I asked one in particular, how many signatures would it take for you to not lift the deed restrictions and the answer I got - it shocked me. And I'm going to quote. The quote was, George, you're probably not going to like the answer I'm going to give you, but it wouldn't matter to me if there was 10 million signatures. Now I'm not going to take it out of context because the Council Member explained that the fact that we got 2,000 signatures meant something, but that this individual had to look at the project as a whole and determine whether this was a significant benefit for the city and that was what they were going to base their decision on. I believe that we are a city, not because of the land that we stand on, not because of the streets we drive on or the houses that we live in, I believe we're a city because of everybody that's in this room - the people. And you people were elected by us to represent us. And for a Council Member to tell me that it wouldn't matter if 10 million signatures had been obtained, he was still going to base that decision on what he or she felt was best for the city, it tells me that you're not representing me. And I just want to say that please, keep that in mind. Randy Nayudu, 24059 Highcrest Dr.: Good evening. My name is Randy Nayudu. 1 live on 24059 Highcrest Dr. and I thank you City Council Members and Madam Mayor for the opportunity to speak before you. I would like to take up Madam Mayor's suggestion to the JULY 7, 1998 PAGE 16 CITY COUNCIL city staff here that they will answer in writing some of the questions that will be raised here today. I have three specific questions. And they are relating to issues that I think are of great concern to everybody and what this whole meeting is about. The first one is about open land. The second one is about traffic and congestion. And the third is about the safety of my property which happens to lie right adjacent to the SunCal development. I asked a very pointed question to staff and I would like to have written answer from them. Approximately 500 acres of open land in D.B. transferred from the hands of Bramalea to SunCal somewhere in the period of the last couple of years for a price of $2.7 million. The question I ask is, $2.7 million is peanuts for 500 acres in the heart of D.B. Why did not somebody in the City of D.B. make a bid to buy this land instead for maybe $3 million. Because if they did, we would not be having this issue today. $3 million for the City of D.B. on a 10 year bond with approximately 70,000 residents amounts to less than $350,000 a year on a mortgage payment which is approximately $5.00 to $6.00 per resident. So, I would like to know who dropped the ball on this one. I work for the private sector and I know that my job would be in jeopardy if I did not pick up an opportunity that is available to buy some property for next to nothing. 500 acres in the heart of D.B. I would like an answer to that. The second issue is regarding traffic and congestion. I think your duty as the City Council and the people who were here prior to you in several meetings, namely the Planning Commission, need to look at not just the project for SunCal, but the problems in D.B. as a whole as an entity. I want to ask you folks, and I would like a written response to this one, how many members of the Planning Commission - name by name - and how many members sitting up there right now drive between Pathfinder and Grand Ave. between 5:00 p.m. and 5:30 p.m. every evening? Because I do and I would like to see if you are really seeing the world from my perspective or are you seeing it from the top of an ivory tower. The third issue is the safety of my property. I live right adjacent to the SunCal property. I open my LA Times and I see landslides in several parts of the state. And I see SunCal's name there. Has anybody here, or are they willing to come back and give us a detailed repur i u what the investigations at these other landslides have shown? Maybe it is not SunCal's problem. Maybe it is SunCal's problem. We need to know that. I think it was very quickly glossed over here about of the gentlemen showing you this map and he talked about well, you know, this area, you know, potential, if water seeped in it. That's exactly what we're talking about. I'm an engineer. And I have a real concern about these issues. Another item I would just like to r:entlon is as elected members of this city, I've attended several Planning Commission meetings and I tell you, they rode rough -shod ov people of D.B. The last meeting was frankly, a disgrace. The people JULY 7, 1998 PAGE 17 CITY COUNCIL of D.B. were insulted, were shouted at, and 1, for the first time in my life, I got up to speak at a meeting here because I felt somebody had to say enough. And after all of these discussions and all of the soft voices and all the sweet talk in the last five minutes of this meeting, three key issues were passed so fast which were never brought up earlier. One was that the bulldozers were moved from D.B. Blvd. up to a launching pad on Highcrest Dr. The second was Mr. Todd, as a gentleman had given me his word as a gentleman that the gate on Highcrest will be strictly for fire. And in those last five minutes they passed another resolution that that gate will be open because the people in this development will use Pantera Park. And the third was, they got a waiver to start the grading prior to the deed being recorded. So, my question is, whose side are you on? That's all I want to know. I see the only benefit to this whole deal is everybody's talking about the free land coming to the city. I do not accept anything for free. Do you? I think we are not poverty stricken. I don't think were some hard up little city somewhere. I think SunCal is very smart. I respect them. I admire them. They saw a deal, they went out and got it, okay. I'm a fair man. I don't think we should take anything away from SunCal for nothing. They were smart enough to buy 500 acmes for $2.7 million. I say the City of D.B. should have the guts to tell SunCal look, we respect you and admire you... Sandy Erickson, 22806 Ridge Line Rd.: Thank you, Madam Chairman and City Council Members. I currently live at 22806 Ridge Line Dr. but we will be relocating to Highcrest. We purchased a piece of property there. And as this gentleman stated, my property is going to butt up right next to this SunCal project. At one of the Planning Commission meetings I got up and raised the question, since one of the gentleman touched on the issue of safety several times alluding to the fact that he did not want to create another Gold Rush, I got up and said, well, it doesn't seem like you're going to be doing much to mitigate what is happening on Gold Rush by opening up a gate right there that's going to dump right on to Gold Rush down the street into D.B. Blvd. You're increasing the amount of traffic going in and out of Gold Rush down an already crowded busy dangerous street. That's the only place if they come out Highcrest that they will be able to access D.B. Blvd. is off of Gold Rush. So the safety issue is critical. Gold Rush is a mess and we're just going to make it worse by allowing him to develop the way he wants to develop. I brought up the issue about the large building machinery being brought up Gold Rush up Highcrest, highly densely populated areas, and using Highcrest as the staging area. Well, someone over here said the Planning Corrxnission has the right to restrict that. They can say you cannot start building, you have to use staging off of Tin Dr. Build Tin Dr. first, then use that area which is not populated currently for your JULY 7, 1998 PAGE 18 CITY COUNCIL staging. Well, like this gentleman says, in the last five minutes that was changed. They were allowed to use Highcrest as their staging area. That means they're going to be moving heavy equipment and machinery up highly densely populated areas with children who play out in the street. To me, its just welcoming disaster. I too read the article about the sliding in Orange County, the homes that slide down the hill recently, and SunCal's name was mentioned in it. I would like to ask the question, is the same geological firm doing the research for this project that did the research for that project, and if so, how much credence can we put on a geological study done by a firm who couldn't foresee that. The gentleman said well, he's going to be here at least until the end of the project. Well, that's great. The sliding's not going to take place right at the end of the project. It's going to happen maybe one, two, three years down the road when we have another EI Nino. Who's going to get stuck with the liability issues when that happens? It's going to be the City. Because, if SunCal comes out of the mess down in Orange County whole, then if it is perceived that this will happen here, then it's very common for these developers to declare bankruptcy once they're done - out - declare bankruptcy, they're no longer responsible. If the geological firm goes out of business and opens up shop in another name, you can't go after them. Guess who the citizens are going to go after that purchase those homes that may slide down the hill at a future date. Its going to be the city. We're the city. We're going to be stuck with the bill down the road. None of us are saying that the developer does not have rights to build in the lot that he purchased to build on. None of us are saying that. But, by the same token, we as citizens certainly can't just arbitrarily say we're going to take over open land that's deed restricted and build on it. I don't think you would allow me to do that and all we're asking as citizens is that you not allow them to do it either - that they stay within the parameters of Lot 6, they don't bleed over. The open space is restricted. They're not giving us anything. They can't build on it anyway unless you lift those restrictions at some particular point in time. So, they're basically giving us open land that's restricted as open land anyway. Not a big shake. They're not giving us a whole lot. Dr. Christina Goode, 624 Hoss Su My name is Dr. Christina Goode. I reside at 624 Hoss St., D.B., and thank you Council for giving us the opportunity to address you. I previously attended the Planning Commission meetings and was extremely disappointed that the Commission ultimately approved this project to come to you. And it was by a 4-1 vote, not a 5-0 vote as indicated by Mr. Kurtin. So there was one person on there who listened to the comments. Tonight it appears that you are now being asked to vote again for this development due to the "significant benefit to the city of the donated JULY 7, 1998 PAGE 19 CITY COUNCIL open space and the sum of $250,000" which I think is approximately half of the cost of one of the 130 houses that they're going to build, so it is not a particularly significant sum. In doing this, in voting for this project, you are being asked to ignore the three factors already mentioned by the environmental consultant that will have a significant detriment to the city. There are the aesthetics, the noise and the air pollution. And several people have spoken already about the aesthetics and the noise. I would like to discuss the air pollution. As a resident of D.B. for 11 years, the mother of two small children and a PhD lab chemist doing research into biochemistry and the effects on our environment, 1 am horrified by the Environmental Impact Report which seems to have been somewhat brushed over in this thing. As determined by the Environmental Impact Report, the levels of pollution during the ensuing years of the construction will exceed the prescribed levels of health by at least three times, probably closer to 10 times, the level determined for health. And this is both for particulant matter - that would be dust generated by the construction and also nitrous oxides and pollution from the construction traffic. And the people that are severely impacted by that would of course be butting on to the development. Given that there is now an extensive scientific literature that directly correlates even small increases in these particulant matters with significant increases asthmatics, in infant mortality, in mortality amongst the aged, the body of evidence that is out there that correlates these two things is overwhelming. And I have plenty if you would like to see it. I'm wondering and I find myself wondering why the committee of the Council can accept this development given the Environmental Impact Report. It would seem to me that that reporting is in itself, regardless of everything else that is being discussed is in and of itself reason for not allowing this development. We are going to be subjecting the citizens of D.B., our children and our aged population, to severe health effects during the period of development and because of the increased traffic, after the development. But certainly during the development the levels of pollutants are enormous. And my question is, and I hope it can be answered - and I too, would like to have it answered in writing by the Council or the Council's staff - is what good is an Environmental Impact Report if we just say, oh well, these three factors are significant but we accept the project? Thank you. Martha Bruske: I wish to say that I don't live in the proposed project area but I support the people who are here concerned about the quality of their life. You've heard me talk about quality of life and the deterioration that I observe in the city and, most notably, noise, and the messes around the school and things like that. I agree with what's been said. I'm concerned that you don't know how to accept land from a developer. I frankly don't trust you not to turn around and JULY 7, 1998 PAGE 20 CITY COUNCIL sell it to another developer. But here's what I want to talk about. I want to talk about Sandstone Canyon. Seems to me I've heard this song before. We had the same issues. We had map and deed restrictions which the Council lifted. I believe everybody who lived in this town and voted for cityhood had no idea that one of the things that was going to happen was that the Council could then lift these map and deed restrictions. We had loss of open space. We had the purchase and the resale of water district property. The Council did that and it allowed the developer to progress. We lost a park. You tell me its coming back, but it will probably be behind guarded gate. It won't be available to me. We lost animal habitat. We moved some oak trees which were going to be saved. As is, then I think we talked about replanting saplings and then I think we lost track of what trees we had saved. I think you really need to give some answers to all of us about that business of oak tree saving. Finally, of course, we lost the whole hill didn't we. And the people who live behind that hill lost the natural sound barrier. So I support these people who are concerned. I am also concerned that when you have a public hearing, city staff are here to work with the developer for the developer's posture on things and there is no one in the city who helps the residents get organized or helps to speak for the residents. You are the ones who are suppose to do that. Thank you. Ron Tehran, 745 View Ln.: Good evening, Council Members, ladies and gentlemen in audience. I want to talk about map or deed restriction. As you can see, I have a copy of the grant deed that talks about a restriction. It is not a map restriction. This is a deed restriction and it talks about restricting building on this property. The restriction that was placed by LA County was for a reason - to preserve open space because of all the other development. This deed restriction is not for public and should not be used for negotiation. The project is a hillside development. This project, as you can see, is a very steep grade - 2:1, 3:1 - very steep grade. Normally, all the other jurisdictions, including us, that have two to five acres, have one building in those areas. When you look at Lot 6, it has only 40 acres. Based on that, you only can build eight to 16 lots in this property. They cannot negotiate the rest of the land. They only have right to build in Lot 6. Based on hillside development, they can only build every five acres, 8 lot to 16 lot maximum. I can't see how they negotiate for anything more than that. The city cannot use other lots area to transfer density or to combine map restriction. The intention is to leave open space for public. No matter how you look at it, if you remove this restriction, you're betraying public trust. You can only trade Lot 6 acre per acre or even more. If they want to get something more, they have to dedicate more from Lot 6. Nothing else. We heard from the engineer. He talked about damages, he JULY 7, 1998 PAGE 21 CITY COUNCIL talked about soil and he talked about safe. They intend to do what the developer is asking him. Safe. They can make less houses. It would be safer. They don't need to make 130. If they build 16 they can fit it a lot easier in Lot 6. They don't have to go to other lots. Why do you have to push 130? If they want to make a nice grade, okay, go to the other lot but dedicate some other portion of Lot 6 one to one for the area that they are going out. Why are they building everything on Lot 6 and they're also going out? I don't see it to be safer. There is no document. They don't show any cross-section. There's no engineering. Just talking. At least let's substantiate what they claim based on engineering, cross-section document. Not just wording. It is not safer to be 130. It's safer to make less. In addition, I would like to ask if they have a chance to come back up and talk, I'd like to have the public have the same chance so when they come in here they have more time - a team of citizens can also have more time in response to their answers. Because they come here and they answer something totally different and the Planning Commission used to take it and they say okay, okay, that's fine. Their plan has to be justified based upon engineering, not just wording. Based on the geotechnical report that they stated that everything can be built, they can minimize the project to any size. These hills are visible from a long distance away. Even people driving can see these and having been located in the heart of the city, everyone will pass a few times a day and enjoy the natural beauty and serenity of them. This project mass grading with cut and fill will reconfigure the whole area with millions of cubic yard which will impact all surrounding neighborhoods and in fact, the whole city. The aesthetic impact cannot be mitigated and the natural beauty cannot be replaced. The visual impact cannot be mitigated. The amount of dust, exhaust and noise of grading of two million cubic yards of cut and fill created will adversely impact the neighborhood and the city. Each cub yards is 2000 pounds - that's one ton. Then they talk about two million cubic yards. That's two million of cars. Imagine if you have two million cubic cars of moving to just give you an idea. Everyone in the area of the project will be impacted. Henry Pourzand, 1008 Quiet Creek Ln.: Good evening, Council Members. My name is Henry Pourzand. I live at 1008 Quiet Creek Ln. I've been a resident of D.B. for over nine years and I've worked in the field of air pollution control for almost 10 years. One of the previous speakers has said a lot of what I was going to say so I won't repeat it. I just did want to reemphasize that your own EIR statement as adopted into the record states that the mitigated effects of air pollution from this project are going to exceed 10 the healthful threshold level. And one thing that she didn't mention is that the latest study - I believe its out of Kaiser, I would have to check - JULY 7, 1998 PAGE 22 CITY COUNCIL indicate that the group that's most affected now in California, children. The chronic illness there is asthma. And I know one of the other speakers talked about recreational facilities for younger citizens so I see some contradiction there. And I just wanted to bring that to your attention. And just to let you know for the record, I am opposed to this project. I won't take any more time. Thank you. Marty Torres, 24832 Highcrest Dr.: Good evening, Council. I'm a D.B. resident but I also live on Highcrest and I came here with an open mind and I really respect the comments of all of the speakers before me. Just a couple of issues. I don't have $250,000 to give the city. 1 wish I did. Then I would be on a little more equal ground. I don't have any open space to offer you tonight. But I do have as many other people in the audience, really a 15 year history of civic involvement in the city. And I am a taxpayer. And I do agree with having some open space but I'm a little bit concerned about at what cost. We've heard a lot about a lot of technical issues by the developer and the other technical people and I respect their opinions and I'm sure they're well founded. Unfortunately, just because you can engineer something doesn't mean its the right thing to do. That's opinionated and it can be emotional and I do understand that. I'm a pharmacist by training so the quality of life issue means something to me both in the emotional aspect but even on a technical aspect and I really want you to weigh that very heavily. But not so much emotionally but really with respect to what the Environmental Impact Report had to say about that because I think that's really critical. And some of the speakers before me addressed that. As a representative of my community, I do respect that the developer wants us to play by the rules. I do believe he has rights just as we do. And in playing by those rules, I would respectfully request that you do not remove any of the map restrictions because that's playing by the rules and I feel that we should be above board. Do not waive the EIR. Though six out of nine points seem to meet the appropriate thresholds, three of nine didn't and I hope you weigh that very heavily in your assessment of this project. I don't want you to downgrade those because the majority did meet. The bottom line is we hear the word mitigate over and over again, but in three of the nine points in the EIR the mitigation efforts were not effective enough. And that's based on the people you had put that together. Those consultants, please respect their opinion and let's not downgrade their efforts on the city's behalf. And then lastly, based on all this I hope you exercise your right on my behalf and many of the members of the community to prohibit this development exactly as it is. And if there are other alternatives then we can go there when that happens. But as presented to the community and to you I hope that you, on our behalf, will prohibit what they're presenting. JULY 7, 1998 PAGE 23 CITY COUNCIL Nick Anis: Good evening. My name is Nick Anis. I'm a D.B. resident. My wife and I are active community volunteers. I wish we could get so many people to tum out for some of the community events in town. You know, the different fundraising for youth sports in the schools. But I guess that's just the nature of things. I want to start out by congratulating people who've taken the time to come here tonight and express their concerns. I bought my first home with my wife in 1977. We were very thrilled. We both worked two jobs to save the money to buy our home and we did care about our home and about our neighborhood. And one of the most thrilling times in our life was when we moved to D.B. We did see open spaces but to be honest with you we did move here because it seemed you got more for the money and the overall community was nice. It seemed to be a safer community. There already was traffic when we moved here and that was before the homes were built around this proposed project. I'm a little confused. I'd like to start by saying 1 don't blame anyone who lives on a certain street or in a certain neighborhood. They have every right not to want other things in their neighborhood. Not to want a new, I don't know, an office building or even another home. If you have someone who lives on Elm St. and there's 10 houses on that street, if you say to them would you like another house built on your street, who's going to say yes? Why would you want more houses? You already have your house. You don't need a house. But maybe that's not the right question. Ask them if they would want to pay a $1,000 per year assessment so that the city can pay for land that they've taken away from a property owner. And 1 don't think most people are willing to do that. That question was asked right here in this room. It was proposed that we buy the land at Southpointe. The Middle School. And no one in this city was willing to pay the tax money for us to buy that land. And that's a shame. I would have been in favor of that. But there were very few people that expressed interest in that. I've heard some things tonight and I think a lot of people aren't familiar with EIR's and how they work or with how the Planning Commission meeting works or a Council meeting and the comment period. But it seems to me, I just want to remind everyone, the Council, to my knowledge, you don't have the authority to turn down any building what -so -ever. They are entitled to approval of a project. So the question really is, are you going to approve this project that's on this board? I can't believe there are people in this audience - you want them to say no to this and then SunCal comes back - you don't even know what they're going to come back with. Maybe you won't like what they come back with. Have you thought about that? What if you hate what they come back with but it's on that one lot. Then they must - I can talk to anyone I want - they must approve it. If it's on that one lot, they must approve it. And how do you know you're going to like it? Maybe you should take another look JULY 7, 1998 PAGE 24 CITY COUNCIL at this project. Is that 10% in those other two lots - that's going to make more dust or more traffic? I mean, I'm on your side. You deserve a break. You deserve every consideration. But do you really believe that if intruding on another couple of lots that makes it better or worse? And if so, please explain it to me and I'll help you. I'll chip in for the lawyer. I'll fight it. I care about this community. I've worked here as a volunteer six months full time on community projects and so has my wife. I care about D.B. I live in the Summitridge area. My front yard overlooks the largest open space in the City of D.B. The City of Industry has building rights and one day they're going to build on it. And I'm not going to like it either. But I don't know if I'm going to be able to come here and tell the Council to ignore the law or to take people's building rights away. So if you really don't want them to build on those other two lots, and I don't think they have to lift the restriction. The restriction does not say you cannot build. It says they have the power to say yes or to say no. If they say yes, they don't have to lift anything, they just say yes. Albert Perez, 703 Pantera Dr.: I've heard a lot of comments today - good evening, first of all - anyhow, about the traffic and the noise and all the elements that go into building and I won't go into that because we've heard a lot of it. My comments will be based basically on whether - I think the issue's going to come down to as whether this project should be approved and if its not approved, what are the consequences for the City of D.B. You have a City Attorney from Richards,. Watson & Gershon who would probably give you legal advice one way or another. I think you would know well enough that if you deny a project, is it a taking from SunCal? Can they come back and tell the city is it a taking? If you weigh the totality of the circumstances of what everyone is telling the City Council on how the residents feel and I feel the same way because this is in my backyard. I'm opposed to the project the way it is. I don't want to take the. man's or SunCal's right to develop. I oppose the lifting of the deed restrictions. You don't have to do that. That's what's in the deed and you can follow the law. Now you've heard a gentleman that came up and said you have to approve it. That's not true. He should probably read some law books and understand a little what's going on here. Now, this project can be limited. It goes on with what the General Plan is. What constitutes a taking? As far as if you would limit the project that's here, would it be a taking? Well, if you limit it to conform with D.B. standards, what the people of D.B. want, what's good for D.B., taking into consideration the Environmental Impact Report. And that's what its for, to take into consideration so you can make an unbiased opinion of what you have. You can limit the project to the point where the man can still develop on his project where it doesn't effect the residents. It doesn't effect the community JULY 7, 1998 PAGE 25 CITY COUNCIL as a whole. And that's the way the decision should be brought on this. You should seek the legal advise that you have here that you're paying good money for and he should be able to tell you that you can limit the project, you don't have to lift the deed restrictions, and if SunCal says well, I'm going litigate this, which they probably will tell you, not to be afraid because when they lose, and they will lose if you base on a rational decision, you will be able to collect your attorney's fees back from SunCal. So D.B. will be in a win-win situation. Our community will get a project that's not going to be disturbing to everyone, you're still going to have the open space, and we're going to have a peaceful community. Thank you very much. M/Herrera stated that Mr. Johnson would have 30 minutes in which to make his comments. Kevin Johnson, Attorney, 550 West "C" Street, San Diego, CA 92101: Thank you, Madam Mayor, Members of the Council. I'll do my best to take less time than that. I know you've all been sitting here for awhile. My business address is 550 West "C" Street, Suite 1150, San Diego, California. I'm with the firm of Johnson -McCarthy. I have previously submitted to you a couple of letters based on my review of your EiR, your General Plan and some other documents that had been given to me and I understand now with the recommendation from Mr. DeStefano that those are part of your record. Is that correct? Allright, very good. I want to try and go somewhat in order. I've been taking notes during the course of the evening here, and touch on some high points. I think it's very wise of you to take some extra time to get some questions answered in writing and continue this to another date for a decision. I wanted to start off on the subject of deed restrictions. I have attempted to get some further documentation about the city's legal rights in connection with the lifting of the restrictions. I've reviewed the language in the General Plan and I have looked at title documents that were generated as part of the study for the project. 1 have referenced in rry letter of July 7 to you a deed which deals with a number of the lots in question. And at the very back of that deed it refers to restrictions on building for Lots 4, 5, 7 and 9. This document has been submitted to the City Clerk. I have extra copies here which I can hand out to you if you'd like at a later point. But in any event, this is a deed. It was developed by Chicago Title when they did a deed search and on the deed it says that there are restrictions on buildings. So, we need some full clarification on this because this is not a map, its a deed - its a restriction on a deed. And as I note in my letter, in several places in the EIR the consultants refer consistently to map restrictions and deed restrictions. And as Mr. DeStefano said, if it is a deed restriction, that is a restriction that is put on by private parties and the JULY 7, 1998 PAGE 26 CITY COUNCIL city unilaterally can't lift it. So that needs to be looked at very carefully. Now that raises another issue. Your General Plan talks about the requirement that you develop an open space plan for the entire community. It's my understanding that an open space plan for the entire community has not been done. We don't have, or you don't have a thorough plan comprehensive inventory in terms of what you're doing with open space. And so, therefore, to sit down and say well, we're going to try to assess the significance of giving up 19 acres of open space in the context of the whole city and its future, you just simply can't do it. You have incomplete information. Your General Plan dictates that you have an open space element; it dictates that before you build on this project that you have a specific plan for this planning area; it dictates that you have a master plan for this planning area. None of those things are done. And I respectfully submit to you, based on my understanding of General Plan law, that this project cannot be authorized without your General Plan being complete in those areas and without you proceeding within the context of a specific plan and a master plan and having an open space plan for your entire city. I had hoped to have some dialogue with the city prior to the meeting tonight to get some clarification on the thinking on this because I had raised these basic questions in my letter of June 19. For various reasons, perhaps some misunderstandings, I did not have those conversations. I do expect that there are going to be some semi -articulate explanations in that regard. I look forward to hearing those because as I have seen it played out over the years, these types of problems just simply prohibit you from legally approving this project because the project is not consistent with the General Plan. There are specific features of the project that are proposed that are not consistent with specific provisions of the General Plan. You have, for example, under Planning Area 11 in your Land Use Element a statement that the lot sizes shall be between 6,000 and 10,000 square feet. Shall be between. That is mandatory language. You can't get around that. So, you have a project before you which is bigger. It has a number of lots that are much bigger than that. It is inconsistent with your General Plan. If you want to approve this project you have to go through a General Plan amendment process on that particular issue. You have maps in your General Plan which reflect this area as Open Space. If you want to change area from open space to residential you have to amend your map. You have to make the General Plan amendment. These are things that have to be done procedurally. And I get very concerned when there appears to be - and again I say appears because I stand to be educated on these subjects - when there appears to be a rush to get something through when there are lots of procedural matters that are being ignored. One of the other things I get very concerned about is when I start hearing about great JULY 7, 1998 PAGE 27 CITY COUNCIL benefits of a project. The City of L.A., that wonderful planning model for all of us, was not built on people coming in and saying well, we've got an okay project here and we hope you'll just sort of like us and let's go ahead and build it. They come in and they promise you the world. And then they deliver something less. This project will deliver traffic; it will deliver air pollution; it will deliver additional students to your schools. It will cause all kinds of problems. Now. What are the real benefits? People have talked about this issue of this other open space. And I call it open space because it is functionally open space. Its restricted land. They knew it when they bought it. Now, I ask you. If you have several hundred acres of land that you can't build on, what do you want to do with that? You want to get rid of it because you're holding it. It's a liability. There could be a landslide. There could be a mudslide. It could go down on D.B. Blvd. You've got to pay property taxes on it. It's a pure liability. I run into this issue a lot of times when I get involved in negotiating deals between private donors and land trusts. Because the private owners say well, gee, we want you to support our project and we'll dedicate this hillside to you. Well, the response to that is, look, you want to dedicate this hillside to us more than we want it. They want to get rid of the liability. They want to get rid of the expenses. In this particular case, you need to look at what they're trying to give you. They've got land that's deed restricted, or map restricted. Its General Plan restricted. However you want to call it, its restricted. You can't build on it. So they want to give it to you anyway. So what's the value to you. Now, if you want to make this land have value, really make this land have value and other land that is restricted in the city have value, what you need to do is you need to say we're going to barter away 19 acres of open space for $250,000 and set the precedent for every other builder and developer in this city to look at every other parcel and say now what can we come up with to go to the city to try to barter so we can try and take some more open space. Go ahead and, you know, you set a precedent here by doing this, and this is going to come back to haunt you. Somebody said - a gentleman who was speaking in favor of the project, I thought it was ironic - he says if this land doesn't go into public ownership they're going to come back over and over and over again. Well, I think its exactly the opposite. If you take the stand now and you say this is deed restricted - this is open space and you don't touch it and nobody touches it anywhere in this city, then the message is clear. And people aren't going to come back. It's the basic lesson I have to deal with my nine year old daughter on all of the time. Kelsey, this is the rule. Quit coming back and bugging me. I'm not changing my mind. You need to set that precedent here. Your General Plan dictates it and good planning dictates it - that you can't buy this stuff. This is too precious a resource. I might also add that this whole bugaboo of takings is something that just sort of JULY 7, 1998 PAGE 28 CITY COUNCIL rhetorically gets overworn in these types of settings. A couple of the gentlemen that spoke earlier were quite right that you have more than ample grounds to turn this whole project down. I've given you references probably to 30 or 40 General Plan provisions which you could site and reliably and I'd be a 100% sure that you could turn this project down because its inconsistent with your General Plan. You have the ability to do that and any threats to come after you because you're not giving them what they want which they're not entitled to are simply idle and they should be interpreted, I think, in a general sense, as reflecting more of a position of weakness than a position of strength. The rights of the community are here in front of you and when they talk about private property rights, they're talking about developer private property rights. Now, those are very important rights, but there are also neighbor private property rights and citizen private property rights and community private property rights and city private property rights and you hold them right now because you control the restrictions on the property as open space. On the issue of safety there has been a lot of discussion about fill and I think that there are a couple of basic observations that could be made and I can put it in the form of a question, really. Would you rather have your home built on a cut lot, a lot with one foot of fill or a lot with 80' of fill? I think the answer is pretty obvious. Also, what security do you have in the fact that soil is compacted to a level of 90% when there's 80' of it underneath your house? I don't think you'd have a whole lot of security. Anytime you build up a massive artificial structure you are creating something that could fail. It's a question of risk. What type of risk do you want to take? Your General Plan says you're suppose to minimize fill in your projects. That makes sense from an environmental standpoint, from an aesthetics standpoint, from a planning standpoint, from a public safety standpoint. I live currently in San Diego. I was raised in this area. I can tell you that San Diego is the construction defect capitol of the world. And we have more problems because we have naturally hilly terrain like you guys do in this particular area. Everybody is cutting down hillsides historically and filling in and all this and boy, we've got projects over the last two decades that have been cracking up all over the place. And the engineers carne in and they had great credentials and they had all the right things to say and they said these projects are going to work. Folks, there are risks involved. That's all there is to it. Anytime you're talking about 1.4 million cubic yards of dirt, there are risks. And you'd best avoid it. Now, I pointed out in the paperwork that I've submitted to you that there are a number of problems with the EIR. I do commend to you the Section 5 on Project Alternatives because they have a number of little jewels that are hidden in there in terms of their observations of this particular project in terms of alternative designs. And they say how they can do certain things and they can JULY 7, 1998 PAGE 29 CITY COUNCIL avoid a million cubic yards of fill. They can avoid building two huge fill slopes. They can protect an extra 80 trees. They can do lots of things if you get around to redesigning thisproject. And, coincidentally, if you redesign the project and fit it within Lot 6 which you are required to do, so many of these impacts are dramatically reduced. That there is really a compelling case that the project needs to be within Lot 6. Now, the developer may say, I don't know whether they've said it or not, we can't afford to do this project unless we can do it this way because the economics don't work out. That, ladies and gentlemen, is not your problem. The economy of So. Calif. is not going to fail because they fail to build this project. And I don't know whether the economic consideration is a big one that they have pushed in this context. I do know from experience that that is often something they say. We have to have this many lots. Well, they can get 130 lots. The EIR says that. All you got to do is have smaller lots and then they'll all fit in Lot 6 which the EIR says, your laws your General Plan and your map restrictions and your deed restrictions dictate. On the subject of traffic, it always pains me because I live in a highly trafficked area too, to hear people sharing the same frustrations. And a lot of times, people aren't quite sure who to blame and how to deal with the problem and I give a lot of leeway to folks who do get up and say, look, I live in this traffic, it's terrible and I know something's wrong and I can't really put my finger on it. Those people instinctively know something is wrong and they know that this project has something to do with it, they don't necessarily make all of the right connections. But they shouldn't be criticized by other people who come up and suggest that they don't know what they're talking about. On the subject of traffic I will say that I was very surprised that the EIR simply dispenses with impacts by saying that under certain standards there's a less than 2% increase in the over capacity of intersections that were analyzed. What does that mean? You have failed intersections. You need to do something about it. These people should be paying good money into your traffic mitigation plan, not just building a traffic signal cause that's all I read. They were going to put a traffic signal on the road that they were going to build at the intersection of D.B. Blvd. They should be paying good money into your coffers as part - that has a plan to actually deal with the traffic problem on D.B. and I didn't see that anywhere in the documents that I read. Perhaps I missed something. This is an opportune time to say look, you're going to make a bad situation worse and have no doubt about it, traffic is often a classic example of that old phenomenon of the straw that breaks the camels back because you can have a situation where you can sort of live with the traffic and you add a hundred more car trips and all of a sudden, all heck breaks loose. The traffic engineers can confirm that. That's good science and we all know it from our own observations. In terms JULY 7, 1998 PAGE 30 CITY COUNCIL of how you proceed from here, I was going to suggest that you might consider doing a workshop. I know that things need to be moved along. My experience is that when you have tons of questions like this and issues that need to be answered, sometimes actually having a workshop that is maybe a little bit more informal allows for a little bit more exchange. It can be very helpful in terms of working through this with the citizens and the experts and the applicant and the planning people. So I just threw that out idea for your consideration. And I guess finally, to the extent that I have any time left, I'd like to reserve that to respond to any further presentation made by the applicant. Thank you very much. Any questions, I'm happy to field them at this time. Thank you. Lex Williman explained that he had not read Kevin Johnson's letters and could not, therefore, respond to his comments about the General Plan issues at this time. He said the applicants' feel that findings can be made that the proposed project is in conformance with the General Plan. One can make findings for or against any project. With respect to traffic, the report points out that D.B. suffers from existing traffic problems that are not directly related to any one local project and are, in fact, related to regional issues. The proposed project's impact to existing traffic patters is minimal. Any kind of grading operation will create dust for a certain period of time. There is a significant impact with respect to the dust, however, it is a temporary situation. The noise impacts occur during construction. He explained that because of the current economy, construction will take place at a rapid pace in order for sales to proceed. There was a study presented for retaining the construction within Lot 6 which would place the access road to Highcrest Dr. an additional 20' higher which would create more of a visual impact than the proposed project. In addition, the grading would be pushed out to D.B. Blvd. The proposed project attempts to push the grading back from D.B. Blvd. as much as possible. He explained why a project wholly contained within Lot 6 may be aesthetically less pleasing than the proposed project. He stated there will be impacts with respect to aesthetics. However, the project proposes natural looking slopes and natural looking landscaping in accordance with the City's wishes. With respect to hydrology, studies have determined that there is adequate capacity in all of the pipes and the velocities are within acceptable limits. There will be no runoff onto D.B. Blvd. and down into Sycamore Canyon. All of the drainage will be picked up by pipes. Todd Kurtin explained that the project has been designed to be developed on approximately 38 acres. Lot 6 consists of 40-45 acres. The proposed project does not propose construction that would exceed the acreage of Lot 6. 25 acres of the development will be JULY 7, 1998 PAGE 31 CITY COUNCIL open space manufactured slopes. The applicant is not asking to develop on more acreage than was contemplated in Lot 6. He said he believes that by containing the development wholly within Lot 6 and reducing the lot sizes, the values of the project homes as well as the surrounding homes would be reduced. SunCal has no desire to enter into litigation with the City and the subject has never been discussed. The soils engineer for the proposed project is not the same soils engineer that was used for the San Juan Capistrano project. The San Juan Capistrano landslide did not occur on the applicant's property and was most likely caused by EI Nino. Jim Castles of Pacific Soils explained why SunCal's project in San Juan Capistrano and the proposed D.B. project are not comparable. With respect to Mr. Johnson's statement implying that it would be better to place houses on cut rather than fill, the Pacific Soils report recommends that fills greater than 50 feet in depth be placed on the project site at a 93 percent compaction standard. This is not mandated by the City. He said he disagrees with the implication that cut is better than fill. A properly engineered fill will generally perform as well if not better than cut lots. M/Herrera closed the public comments portion of the meeting and opened Council deliberation. She requested that staff present its response to questions by the public and by Council in writing at the August 4, 1998 meeting. C/O'Connor: I'm not planning to ask all of the questions that I have because I know that other Council Members have some, too. I do want the audience to know that all of the Council were given audio tapes of all of the Planning Commission meetings and the public hearings. I have listened to those and taken notes so hopefully, I am up to speed as to what your concerns have been. And I must say that I agree with many of you that in reviewing everything, I don't understand why the developer has never presented a plan wholly inside Lot 6 with no grading on restricted property. They knew when they bought (the property) that there were restrictions on Lot 4, 5, 7 and 9. So 1, too, would like to see a plan on Lot 6 alone with no grading outside of those lots. I have looked at the petitions that were signed by the residents. As a matter of fact, I computerized them so that the Council could take a look at what streets were involved. I don't guarantee that I could read all the writing of all the numbers and all the streets as well as, peoples names, but I think its given us a good indication of where the residents live. I do have a question on map restricted property. I know that we've received information that they cannot build residential property on map restricted property, but does that prevent them from grading on the other lots? JULY 7, 1998 PAGE 33 CITY COUNCIL would make it available to the City Clerk we would appreciate it. C/O'Connor: That was the one I was referring to. I was able to read it but 1 couldn't write down fast enough to put that down. Another concern i have is the water tank locations that whether they are mandatory to be on Lot 6 or whether they would be allowed to be put off Lot 6. 1 assume that since they are not a residential building that they would be allowed to relocate those water tanks onto the map restricted property? Is that a true assumption? CM/Belanger: The property that is restricted by the map provides the City Council the right to prohibit residential construction. I don't believe that extends to the construction of water facilities. CA/Jenkins: Ah, right. But to carry that thought forward I think we would have to take a further look at whether a water tank would be a permitted use as a primary and sole use on a piece of property under our Zoning Ordinance which is a separate question. C/O'Connor: There's been a lot of talk tonight about the particulant matter and the construction pollution. During grading, how far does the dust flow? How far - does it go a mile? Does it go 10'? Does it go... CM/Belanger: It depends. It depends on wind currents. C/O'Connor: Now, I believe I read in there that if the wind was more than 5 mph that they could not do grading. Is that correct? CM/Belanger: That's correct. C/O'Connor: I don't know how comparable the Standard Pacific project is. Did we have any grading problems with that site as far as neighbors having health problems with the dust that we know of? CM/Belanger: Not that we know of. DCM/DeStefano: There was one house at the end of Rapidview Dr. which is the only house for a long stretch of Rapidview that had some concerns about the amount of dust that was corning into their property with respect to the dust that was going into their pool, specifically. And Standard Pacific took charge of that issue and during that time where construction was in that area, regularly cleaned and maintained that property for the particular resident. And that's the only one that we're aware of, but that wasn't necessarily a health- related issue. JULY 7, 1998 PAGE 34 CITY COUNCIL C/O'Connor: I'll just ask one more question and then pass this on. Is this property geotechnically similar to the property that Diamond Ranch High School graded? And has anybody talked to Diamond Ranch High School, the PUSD, about grading problems that they had to see if there could be some potential problems with this site that Diamond Ranch had? CM/Belanger: I don't believe that question was asked unless the applicant independently analyzed that. That would be the kind of question we would research and get you an answer but I don't know that anybody is prepared this evening unless they correct me, that would be able to answer that question for you and that would be one of the written responses that you would get - is whether the geomorphology of the high school site is comparable to the project site. C/O'Connor: Has there ever been a development that the dust has been under the AQMD standards when there's grading involved? DCM/DeStefano: Madam Mayor and Council Members. My recollection is that the Piermarini project was under the threshold at that time. The standards have been modified. It would not likely have been under the standard today. But at the time it was approved, I believe that project was. C/O'Connor: There's been questions asked about having the City potentially buy this property and setting up a bond or assessment district to have residents pay. I would just like to state that when I was involved with the Parks Master Plan, we did a questionnaire. And it was a random questionnaire of 500 residents of D.B. And the question was asked whether they would be willing to pay for increased park improvements. And it started - unfortunately, I don't remember the exact numbers - but it started with, let's say, $36 per year and dropped on down. And the overwhelming response was "no" that they were not willing to even pay $24 a year toward park improvements. So those of you that say that you think the citizens of D.B. would be willing to add hundreds of dollars maybe to their property taxes to buy this property, I'm not so sure that that would be a realistic achievement. I'll yield to the rest of the Council. M/Herrera: Ok. Thank you. Mrs. Ansari. Did you have questions that you would like staff to research. C/Ansari: Well, number one, I'd like those questions answered because in listening to the tapes, some of the questions that were asked tonight were ones that were asked during the Planning Commission hearings. And looking at the notes from the Planning Committee, the minutes of the meeting, and listening to the tapes - I think I got more out of the tapes than going back and looking at the notes. I'd like some of the answers given to us. I don't know if we'll be able to get them by August 4 so that the people JULY 7, 1998 PAGE 35 CITY COUNCIL who have attended many of those Planning Committee meetings will be able to get the answers for them and be able to see them in a timely way. I think the question about having a workshop was a very good point. I think then we would be able to have some give and take and discuss this openly. I think when you get 2,000 signatures, and I know people were saying those 2,000 signatures are from some areas of the City that were not even near this property, I think it determines the whole City, this project that's determined. It's not only the people that live near the project. It's an area that impacts the whole City. Granted most of the traffic mitigations, the amount of houses that are being built - there are 130 - when you have, if you double that on cars it brings it to 260 and I think much of our traffic impact, and this does impact the traffic problem, comes from across Grand and I think, what are they approving over in Chino Hills - 800 homes last month? So those are concerns that I have, too. But I really, one of the issues that really concerned me was the fact of there was new a project development or there was never a map for them building on the unrestricted property which is Lot #6. And that was not done. In fact, even listening to the notes and the minutes of the notes, listening to the tapes, I don't even know if that was discussed much. Didn't seem like it was. So I have a little concern about that. And I'm not saying that these developers have not tried to work with the community. I think they have. But I think maybe these issues need to be discussed maybe in a town - maybe in a workshop that we can discuss this, and that we can discuss this openly back and forth and try to iron out these issues. Some of them may be but to talk about these concerns that we have and maybe a less informal, less intimidating session and not have it go on for months and months with anger escalating. We need to talk about this project and see where its going to go. And I'm not ready to pass the project where I have many questions that I feel were not answered yet. And they were not answered for the people that attended those meetings. And I'd like to see the answers. Thank you. M/Herrera: Thank you, Mrs. Ansari. Mr. Chang. MPT/Chang: Thank you, Madam Mayor. Well, first of all, we certainly want to thank these many residents who are concerned about our community and have taken the time to come over here to express yourselves. I believe several things make this issue so important or so touchy. Number one, we talk about property right and I'm glad that most of the people tonight who expressed themselves respect property rights which is good. And that means that we do not allow developers to do anything at all. So basically, the property right is in Lot 6 and I think that's what we're concerned about. Number two, because there is a map restriction, therefore, it causes a JULY 7, 1998 PAGE 36 CITY COUNCIL problem. Without this map restriction, the whole thing would be easier. Number three, the significant benefits are already recited in the General Plan. So, what is really a significant benefit to the community is something we have to figure out - Council and everyone in the community. And of course, the EIR report which we understand doesn't 100% fulfill the requirement. The other concern is that if we bring the whole thing down to Lot 6, will that still fulfill the requirements of the EIR criteria threshold? That I would also like to know as well. But luckily this is a temporary situation and of course, temporary situations need to be concerned. But I believe this is manageable. If somewhere down the line we have to make a decision, this is something that can be managed. Of course, the betterment of the community will be considered. That is the number one concern. The quality of our life. I mean, that is all that we talk about here. Traffic situation, yes. We do realize that we have a traffic problem and we do realize that 130 houses maximum might create some impact to the traffic to make bad into worse like some of you people said. We need a better analysis on how bad it might be and to give us a better analysis so that we can really make the decision - a smart intelligent decision. Right now, I think we are all here to listen to each other and to exchange our opinions. There's nothing that we want to make the decision tonight. And we are glad that we still can communicate here peacefully, respect each other and respect the property rights, and respect your right of living in a quality community and hopefully we can all keep it that way. But I do have a concern that we should see a project that stays within Lot 6 only to see what is going to come up. Without see that, it is kind of hard for us to talk about further. And besides, since the property right remains in Lot 6 only, I think the developer should come up with a Lot 6 proposal versus the other proposal as well instead of just one and only proposal. So I think that's probably what I would suggest we look into that as well. But anyhow, before then, we welcome you for your expression and thank you for your expression. So I think, Madam Mayor is going to make some announcement whether we're going to have another hearing again or not. Thank you. M/Herrera: Thank you, Mr. Chang. Mr. Huff. C/Huff: Thank you, Madam Mayor. It's been a long evening as you have sat there and opened up your hearts and told us your concerns. I share many of those concerns and yet, I try to balance that also, with what is in the best interest of the community because that is what we do up here as Council Members, hopefully. And tonight we sit here not as legislators creating law, but we sit here in a quasi-judicial mode trying to interpret things. So it's a little different role than maybe we're normally use to. And also in that role we have to be JULY 7, 1998 PAGE 37 CITY COUNCIL careful that we're not swayed by shear numbers. There has to be logic. We have to make findings or we find ourselves vulnerable to lawsuits. And so from that standpoint we do need to proceed carefully, wisely, thoughtfully, and make sure that the product we come out with reflects the interest of the community, the desire of the community as a whole, but also doesn't compromise our own positions or the future. We don't want to just give something to somebody because you're coming and asking, but we also don't want to deny them just because we don't want it. We have to make the decision wisely. I too share the concern about this deed that we saw tonight, the 1972, and I would like to see that come back and I understand that that is in the process and we will hopefully get a copy of that and we can review that and see if it applies to us here. The common theme that came up tonight was the traffic. And certainly we do know that traffic is a problem. 1 would like staff to give us a little bit of a report or perhaps the applicant next time, but I think its more correctly staff, to look at what the traffic counts are coming from outside of the City. I believe we do fairly regular traffic counts. I know we did a Ouail Summit Traffic Study showing Grand Ave. at 32,000 vehicles and that roadway is rated for about 30,000 as I recall. D.B. Blvd. is a major arterial. Where are we right now as far as the regional impacts. What are we seeing on the streets of D.B? CM/Belanger: We take periodic measurements of traffic coming across the Chino Hills/City of D.B. incorporation line. For a short period of time it was on about a monthly basis. We're now doing it on a quarterly basis. We will take your comment in the form of a question and well provide that data or the data that we have and give you an indication of what the changes, if any, are in terms of the traffic counts, they're 24 hour counts so they give us a snapshot of an entire day, just to give you a flavor of what's coming across the line and then how that traffic dissipates in a variety of directions at Grand Ave. and D.B. Blvd. C/Huff: Good. I'd appreciate that because I was caught up in the traffic on D.B. Blvd. tonight. Actually, that's why I was 5 minutes late. It is a nasty thing. We'll talk more about that later, but I'd like to see how this project impacts the traffic. I've heard two different studies. I know the first traffic report looked ridiculously low and one of the speakers mentioned that tonight. And I heard a higher traffic count later on so let's sort through and see what the real impact of this is - our best guess - because that's really all it is, the best guess. If you have 130 homes out there they may or may not generate four trips a day per vehicle or whatever, but it is a guess, but let's try to get that nailed down. There is also a concern about schools - overcrowding of schools. And while one speaker said that wasn't our venue - the JULY 7, 1998 PAGE 38 CITY COUNCIL schools do their own thing and have an assessment from the developers, I would like us to quantify, if you could bring that back next time, about what will happen with this. I understand there are some plans for the Pomona School District to develop Pantera Elementary School and if we could get some report from the Pomona School District about how this would impact them - negatively or positively, that would be helpful. Not that it is our venue, but just as collateral information because that is a concern to the residents here. Also on the aesthetics, clearly something that is the way it is when you buy it, you like it, or it's okay or you wouldn't buy a house. And so any change is going to have a resistance, whether that is a change for the better or a change for the worse because it's really a change to the unknown and people do resist the unknown. And we've looked at the applicant. There's a nice little foam model down here which I haven't had an opportunity to look at. The 3D model. We have a lot of maps, pictures, but really trying to visualize how something is going to look is a difficult thing. I know when I was on the Planning Commission I was viscerally reacting against development that was taking place in the Country area called the back Country, in the SEA, Significant Ecological Area, and yet looking at that 4 years, 5 years down the road, it looks significantly different than it did at the time of grading. Why is that? Because there was a plan. And the plan was that they grade the jeepers out of this thing which is what I was looking at and reacting to, but when they did compact it and fill it up and try to form those roads and pads into a flowing kind of pattern which is similar to what you see here, when you get that revegetated and the native vegetation on the slopes - its growing slowly at this point, but the other vegetation on the pads is growing better - it takes on a totally different characteristic. Is that as good as the naked hills? No. Is it acceptable to the community? I guess that's a judgement call. But I would like staff to speak a little bit to what we're trying to achieve through the General Plan and through the most recent Development Code that we've just adopted of excellence in planning because that's what we've been trying to achieve. The County did not achieve excellence in planning. One of the speakers tonight talked about the early streets that were made where you could hardly have two cars passing at the same time. They're very narrow. That houses are all jumbled together. We had a slope failure in D.B. with this 100 year rain this year on one of those older tracts also. But could someone from staff speak to what we're looking at when we're looking at a project that has 120 or 100 put onto Lot 6 or if we're looking at something like we see here on Lot 5, 6 and 7 where it's overlapping, what makes one project more of an excellence in design as opposed to the other one which may be an easier decision for us to make. Obviously, from the comments we've heard tonight it's a lot easier for us to just approve something on Lot 6 and forget 5 and 7. JULY 7, 1998 PAGE 39 CITY COUNCIL So what is the difference that we should be looking for. CM/Belanger: It depends on what your premise is. If your premise is you can have 120 homes the outcome on aesthetics is going to be different than you can build an aesthetic project and we'll give you whatever the land grants you. In essence, it could be from 1 to 120. So what your premise is in terms of what you're looking at will dictate the aesthetics. If you don't start with a specific number that you're trying to reach and instead say we want to see a project that meets some aesthetics standard and that whatever the number of tots are that evolve from that become what you consider, that's one way to look at aesthetics. The other is you can have 120 lots. Let's see what it looks like. There can be two completely different analyses in terms of aesthetics. In terms of Lot 6 proposal Council has indicated they want to see a proposal on Lot 6. There are a couple of issues and I'm sure the property owner heard that and if he's been paying close attention he probably ought to do that. The question is whether you want to see a project within the lines or do you want to see a project that allows for grading outside the lines to support a project. There are some issues here in terms of what do you mean by Parcel 6 and the kinds of project alternative you want to see come back to you. Or maybe one of each. One that shows, that has grading outside the lines but you build lots within the lines and one where everything has to take place within the lines. It would be useful in terms of direction to the staff as well as, to the property owner how that would be undertaken. Because that will also have an impact on your question of aesthetics as to how you do that. C/Huff. Maybe you can answer the question right now. How much on this 130 home tract that we see now, how much of the Lot 5 and Lot 7, those are the map restrictions and possibly deed restrictions, how much of that is encroached upon for grading and how much of it is for actual pad on those two lots? CM/Belanger: For actual grading the number is - I'll just use a number and Mr. DeStefano can correct me - it's 19 acres. For actual construction... Chuff: That's a combination of both lots? CM/Belanger: Yes. The applicant has indicated that the actual construction is on a smaller amount but you have to grade it all in essence to create the lots on the lesser amount. So you grade 19 acres in order to build on, I don't know what it is, 4 or 5 acres. C/Huff: What's the breakdown of how much of the lot is disturbed as JULY 7, 1998 PAGE 40 CITY COUNCIL opposed to how much of the lot is undisturbed. In other words, is it a 150 acre lot and you're messing with 10 acres of that? What is that ratio? The number? CM/Belanger: I'm not sure I'm understanding your question. C/Huff: Ok. We know we have X number of acres, 43 acres or whatever it was, on Lot 6. I've seen two different things that confuse me. Actually, I've seen a lot more than that that confuses me. I've seen a total building pad I thought somewhere of like 65 acres. And yet there's another number that added up to 10 less. What I would like to know is how much are we disturbing of Lot 5 and how much are we disturbing of Lot 7 and what is the total size of Lot 5 and what is the total size of Lot 7. MPT/Chang: Council Member Huff, 1 think probably one of the information I counted may be helpful to answer your question here. Basically, it's the 19 acres on Lot 5 and 7 being used and then they will build on like Mr. Belanger said, about 4 to 5 acres. However, a total of about 42 of the lots fall into 5 and 7. Basically, roughly. On Lot 5 about 12 houses. On Lot 7 it's about lots, pads. So probably that would help you to figure out. CM/Belanger: You're asking how many of the acres of Lot 7 are going to be utilized in relationship to the totality of Parcel 7 and the same for Parcel 5. 1 don't have that number before me but I'm sure somebody over here does and they'll get it for us in a moment. If we can't readily get it for you it will again be one of the written responses. C/Huff: I would like to see, and I think we're going to generate some kind of response to the attorney's letters and his written comments. I would like to see that and I think you're bringing that back to us at the next meeting so that would be helpful. CM/Belanger: It will be brought back not at the next meeting but August 4. And any information that is provided to City Council is also provided to the public. And we'll try to do it in a way where the public has it in enough time to read and analyze it and the City Council has enough time to read and analyze it. C/Huff: Ok. That's it for my comments or questions tonight and I look forward to sorting through these comments and trying to find some more common denominators and looking for answers to that because when we get through this process at least we want to have your questions answered. It may not be answered to your liking, but at least we'll try to answer them and then we'll make a decision on top JULY 7, 1998 PAGE 41 CITY COUNCIL of that. M/Herrera: Ok, thank you. Mr. Chang, you had another question? MPT/Chang: Thank you, Madam Mayor. Mr. Belanger, in terms of a proposal within the boundaries of Lot 6, 1 would rather see everything inside of Lot 6 instead of grading on Lot 5 and 7 again because if that's the situation were going back to day one again. So we might as well just stay within Lot 6 only including the grading so that it will be easier for us to figure out unless the other Council Members do not agree with that. MtHerrera: Thank you, Mr. Chang. Given to us was a Comparative Environmental Evaluation Proposed Project and EIR Project Alternative, and I believe this alternative was regarding building just in Lot 6. 1 believe 120 units within Lot 6. And there was an analysis of what that would mean and 1 would just like to point out a couple of things that concern me. "The grading design for the EIR Project Alternative provides less contour grading than the proposed project although major slopes are somewhat contoured. This grading design confom-s with the Hillside Grading Ordinance to a lesser extent than the proposed project. Another point that concerns me is construction noises. "If the alternative is taken (and that is just building on Lot 6) implementation of the project alternative would (tape pauses between side 5 and 6) at the intersections of D.B. Blvd., Tin Dr. and D.B. Blvd. and Gold Rush Dr. However, these noise levels will not be greater than those associated with the proposed project. The EIR Project Alternative proposes residences in a development area adjacent to D. B. Blvd. that were not part of the proposed project. Proposed on- site residences along D.B. Blvd. may experience vehicular noise levels that exceed the City's noise standards. And so while you're saving maybe noise in your neighborhood, you're transferring it to somebody else's neighborhood which may not necessarily be a good thing. A lot of questions have been raised. I have some of my own. Is Ron Tehran still here? Okay. He was the one that shared with us a copy of the map restriction that was dated 1972. And I don't have a phone number for him. I do have an address. If somebody has a phone number for him we could contact him and get a copy of that. I would just like to ask staff to research. Mr. Huff has already talked (about) and several residents brought up, the traffic point. If we could have a little summary for the large part, the traffic along D.B. Blvd. Where does it originate and where does it go to? Is it in town traffic or is it out-of-town traffic, regional traffic. Schools, Mr. Huff addressed that. Overcrowding of schools and where are we going to put the kids. The school will be within PUSD and I believe they are already planning to build another elementary school near that site. JULY 7, 1998 PAGE 42 CITY COUNCIL But if you could address that briefly. A question was asked about trees and how is it determined which trees go. The tree replacement and what is the ratio - if you could just briefly talk about that. A question was raised about pollution in the air. What mitigating things could be done to reduce that, if possible? A question was raised about the Arciero project - that there were map and deed restrictions on that property; we lost trees. If you could briefly address that. What trees were taken out and in what number were they replaced. I've already mentioned about getting a copy of the map restriction dated 1972 from Ron Tehran and if that is a valid copy - deed restriction - does that supersede our copy of 1967 that was shown to us? The copy that was put up on the... CM/Belanger: That was 1981. That's the date of the registration of the engineer. M/Herrera: Ok. Then how does that work. If there was a 1972 copy of something, does something else dated 1981 take precedence over it? CM/Belanger: Without seeing both documents, it would be difficult to say. M/Herrera: Ok. Could you perhaps address that question. CM/Belanger: Yes. M/Herrera: Ok. That concludes my comments or questions, rather. As I'm counting, I did count three individuals that want to see something brought back on Lot 6. Would that need to be in the nature of a motion? CA/Jenkins: Mayor, I also counted at least three and we've been talking about that here. It seems to me that the applicant has the option of going forth with the current proposal or acceding to the wishes of at least three of you to have the opportunity to compare the current proposal with a proposal that is limited to Lot 6 and I don't think it requires a motion but I do think at some point we need to know whether or not the applicant is willing to prepare that alternative document or whether the applicant wishes to just move forward with what we have. And then I'm going to reserve for the moment the question of what happens if the applicant does prepare an alternative document and the Council prefers it to the existing proposal because it will require some additional analysis as to whether or not A) it must go back to the Planning Commission and B) whether or not there needs to be any supplement to the EIR. So the only real issue that JULY 7, 1998 PAGE 43 CITY COUNCIL is before you right now in that regard is whether or not the developer is interested in coming forward with an alternative and whether or not they are able to do that by August 4 or whether they are going to need additional time to put that sort of a proposal together. M/Herrera: Can I make a suggestion then to Council. Many questions have been asked and we've asked staff to draft responses to us. Can I suggest that we kind of hold up on any request to change the project until we see the responses to the questions. And those I anticipais can be brought back on August 4. And at that time if the Council want to make a serious request to change the project it can be done at that time. Okay. Mrs. Ansari. You have a question. C/Ansari: Yeah. There's one other issue, too. For this proposal that's coming before us to lift map and deed restrictions so they can build on Lot 5 and 7. 1 don't know if what they're proposing to the City is of significant benefit to us. They have a good project. Its going to look aesthetically nice. They're giving us land that already has restrictions on it and $250,000. 1 don't necessarily think that's a significant benefit to the City. Just that alone to be honest with you. M/Herrera: Ok. What is the Council's opinion on my suggestion that I just made to kind of hold in abeyance any formal request to the applicant to change their project until we review the responses to all of the questions that we've just put before them. Mr. Huff, you wanted to say? C/Huff: I guess the real question hinges on what Council Member Ansari just said. Is the dedication of the open space to the City a significant benefit? Because if we want to thumb our nose to that and force them back to just Lot 6, then that's a decision we can make. I will say that when the applicant - I don't know if they were in escrow with the property, but they were looking at the property - Bramalee had gone into bankruptcy and so it was on the market, and they did approach various Council Members - I know they approached me and they asked me about my impression of the Memorandum of Understanding. And I was on the General Plan Advisory Committee back when we dealt with this thing and I had heard about the MOU and in fact, the General Plan was written trying to encapsulate the essence of the MOU in there. The concern always was from the group that I was involved in - the GPAC - from what I heard before, that the developer would find a way to wiggle around the MOU. Now I find it a little bit ironic that it's sort of on the other foot now. The General Plan was written - it was thought to be a good development at the time. Although it was a concept, this is the first time the City was getting something of significance. We were in the middle of or JULY 7, 1998 PAGE 45 CITY COUNCIL you're saying is that you do not think it is a significant benefit to the City. So that's the question I believe you have to answer for yourselves. M/Herrera: Well, and in a great sense I agree with Mr. Huff. We're required to be prudent with the public's monies. And I cannot justify why we would buy something, pay for something, if somebody is willing to give it to us for free. I cannot justify that. I'm going to repeat again that I would like to see the Council hold off on a formal request to the applicant to change the plan until we see the responses back from staff regarding all of the different questions that we've asked. Mrs. Ansari. C/Ansari: Then, if we're going to have those questions answered that people in the audience felt that were not answered before, I would suggest that we have a Town Hall Meeting or a Saturday meeting where people could have those questions answered for them and maybe we can discuss that freely and look like we're working with the people in the community and discuss this. Now, the amount of open space that we would get with this development is very very nice when you think of this as open space. However, what the issue is, is how do the people in the community feel about it. And if this is going to be decided by us and we're going to vote on it, I think that we need to have a forum where we can talk about it, have a Town Hall type of thing on a Saturday to discuss it openly. This is our first meeting. We received this packet, although we had gotten the EIR's a year ago, July was the first EIR I got, we got this packet of the tapes was a week ago Monday - a week and a half ago I received the tapes. And I've been listening to them since then. And so the tapes and all of the information that we went through, I think there's still some questions and I think we need to have a meeting where we can talk about this freely with the people in the community and then maybe put some closure on it and decide where we're going to go from there - whether or not we... if you want we can hold off on whether to build on Lot 6 until after we have this Town Hall meeting but I think it's something that needs to be discussed. Now also, the alternative suggestion that they had in this book, yes, Mr. Belanger, in this book, does not have a map. It does not have a map of how they were going to develop it even though they answered it in the request of the altematives. Where is the map. Well, it didn't go in, and this was not given to everybody that was at when they had this at the meeting. It was never discussed fully if you read the minutes of the meeting where this was brought up - the alternative. And I think maybe this needs to be discussed to. I listened to those tapes. M/Herrera: Mrs. O'Connor, did you have something? JULY 7, 1998 PAGE 46 CITY COUNCIL C/O'Connor: I think we would be doing a disservice to the citizens of D.B. if we did not have the applicant come back with a presentable development on Lot 6. 1 can't say at this point in time which one would be aesthetically better. I don't like the idea of the one that is on Lot 6 or the proposal of having the six homes right off D.B. Blvd. But I think we have to let the citizens see both plans so that they can decide for themselves whether aesthetically the proposed plan is better than the Lot 6 plan. We've heard the developer say that they don't think that it would be the best possible plan on Lot 6 but we've also heard from the majority of the residents here that they want, they're not against the development on Lot 6 which causes me a little problem because you hear a lot of questions about the air pollution and the noise. Well, if its developed on Lot 6 there's still going to be the air pollution and there's still going to be the noise. So I really think that we need to present a viable project on Lot 6 so that the citizens can see that yes, the proposal on Lot 6 is not as good as this proposal or, Lot 6 is as good as this proposal. And without that information - I know they made an attempt, but there's still a lot of open items on this alternative and I just feel that personally, I will not be able to make a decision one way or the other without seeing the Lot 6 proposal and I think we owe it to the citizens who have said they want the project on Lot 6, to show them what it would look like. M/Herrera: Ok. First point. Do we want this brought back on August 4 or August 8 which is a Saturday? CM/Belanger: You're asking the applicant to prepare an alternative.... M/Herrera: No, no. Right now you only have one Council Member asking for that alternative. CM/Belanger: Let's just presume for the moment that somewhere in this discussion that three of you decided that you wanted to see a project attemative, you need to get from the applicant how much time they need to do that and whether August 8 is sufficient. M/Herrera: Ok. First point of order then, we need to see if there are three individuals that are asking the applicant to do that. C/Ansari: Well, whether it's August 8th or not, eventually I'd like to see it on Lot 6 so we may as well have them do..l would like to see it on Lot 6. MPT/Chang: Yes, I would like to see it on Lot 6 because basically, the procedure to this is suppose to have Lot 6 be proposed and then to have something else prepared. Meaning, if Lot 6 is not good JULY 7, 1998 PAGE 47 CITY COUNCIL enough, then how Lot 6 will similarly cross the border onto Lot 5 and 7. To me that sounds more logical for them to apply to the City and have the matter before us to make the judgement not only just to the Council but also to the residents. I think probably that would make more logic. Disregard what is of more significant benefit to the community for right now. And that is something else we certainly want to put a consideration. M/Herrera: Ok. Then we have three Council asking for a proposal on Lot 6. So next point of order would be to find out whether they are interested in doing that and how much time do they need to do that. So we're perhaps talking beyond August 8th time. Do we need that response right now at this point in time, Mr. Jenkins? Or... CA/Jenkins: No, we don't, but if they don't provide it then what we should do is continue this to a date certain from which we can then continue it depending on their response. So, for example, if they were to give us their response within the next week you could continue this for two weeks solely for the purpose of them continuing it either to August or beyond. M/Herrera: So, let's see. The next meeting would be the 21st so we could continue this to the 21st for the sole purpose of hearing back from them whether or not they are interested in doing that and then continue it again to a point in time where they think that they would have the plans ready. Meanwhile we'll know if we have to go through the Planning Commission process. CA/Jenkins: Right. If they decline then we could continue it to your first meeting in August simply to answer the questions that have been raised. M/Herrera: Do we need a motion to continue this item to August 21 st? CA/Jenkins: I'm sorry. Did they indicate a response back? M/Herrera: Do you need time to think about...? Todd Kurtin: I have two comments. One—we need time to think about it, number one. But more importantly, to me, we need to fully understand what you're looking for. Councilwoman O'Connor just mentioned that our other alternative was inadequate. I don't know what that means. We need to know what you're really looking for so that we can understand what to deliver and if that's appropriate or not. JULY 7, 1998 PAGE 49 CITY COUNCIL Todd Kurtin: Because she later said it depends on if the map restrictions would allow us to grade on Lots 5 and 7 which we have prepared an analysis like that already. And so now I need to know, do you want us to complete that analysis that there are some holes there or to go to Mr. Chang's analysis? MPT/Chang: Again. This is personal. Just coming from the sense that on Lot 6, you have a right to build. Then come in with the best solution that you think can maximize your benefits either up to 130 houses or 85 houses or something I don't know. But it make it still quality that you think can attract the residents and attract the Council and also to bring the best benefit to the community. Then at your discretion, come up with the best proposal that might work. Then I think with that in hand in front of us, it will be better to make an analysis and one that is fair. M/Herrera: So, you have some options. We can continue this to the July 21st Council meeting so you could wait until that meeting to respond if you want to go forward. Perhaps well have a little bit better clarity in what different people mean, exactly, or are looking for exactly, whether just the building is on Lot 6 and you grade outside or exactly what ... its after 11:00 p.m. and we've been talking about this for 5 hours. And we do have another agenda item that we must take care of. Todd Kurlln: We will go foruvard to Aug. 8 and discuss with staff what to prepare for that meeting. We'll have alternatives ready by then. M/Herrera: Ok. That's a Saturday. And staff at that point will have responses to all the different questions asked so we will schedule the Council meeting for Aug. 8, Sat. Ok? So, Mr. Jenkins, is the public hearing still open? CA/Jenkins: Yes. M/Herrera: ...or do I close the public hearing? CA/Jenkins: No. I would suggest you continue it to Sat., Aug. 8. M/Herrera: All right. Then this public hearing is still open and this matter is continued to Aug. 8. CM/Belanger: Madam Mayor. We would need a time when that would occur. M/Herrera: 9:00 a.m. JULY 7, 1998 PAGE 51 CITY COUNCIL 43 and 98-44 levying assessments on Assessment District Nos. 38, 39 and 41 for Fiscal Year 1998-1999. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 9. NEW BUSINESS: None RECESS TO REDEVELOPMENT AGENCY MEETING: 11:15 p.m. RECONVENE CITY COUNCIL MEETING: 11:16 p.m. 10. COUNCIL SUB -COMMITTEE REPORTS: None 11. COUNCIL MEMBER COMMENTS: MPT/Chang spoke about a successful and patriotic July 4th celebration. C/O'Connor encouraged residents to attend the Concerts in the Park. Quakes night for D.B. will be Wednesday, August 26, 1998. She and M/Herrera discussed their opposition to Senate Bill 2010 with the California Legislature and the L.A. County Board of Supervisors. M/Herrera spoke about the Monday, July 6, 1998 Special City Council meeting. She stated she will establish a Telecommunications Facilities Task Force consisting of two residents appointed by each Council Member, two Council Members (Cable Subcommittee Representatives) three members of the telecommunications industry and staff representatives as deemed appropriate by the City Manager. This task force will begin work on September 1, 1998 and conclude meetings by October 31, 1998 with their report to the Planning Commission no later than January 1, 1999 for its review and recommendation to Council. The number of Task Force meetings will be determined by staff. 12. ADJOURNMENT: There being no further business to conduct, M/Herrera adjourned the meeting at 11:21 p.m. ATTEST: Mayor Lynda Burgess, City Clerk JULY 7, 1998 PAGE 50 CITY COUNCIL M/Herrera continued the public hearing to a Town Hall Meeting to be held on Sat., Aug. 8, 1998 at 9:00 a.m. in the SCAQMD Auditorium for reviewing alternative project proposals and staffs answers to questions posed during the public hearing and in written form. 7.2 (a) PUBLIC HEARING - CONTINUED FROM JUNE 16, 1998 - RESOLUTION NO. 98-42: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND AR LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 38 FOR THE FISCAL YEAR 1998-1999 - On May 18, 1998, Council approved the Engineer's Report and adopted Resolution No. 98-29 to declare the City's intention to levy and collect assessments for District No. 38. Council commenced the public hearing on June 16, 1998 and continued to July 7, 1998 on the levy of the proposed assessments on assessable lots within this District for FY 98-1999. (b) PUBLIC HEARING - CONTINUED FROM JUNE 16, 1998 - RESOLUTION NO. 98-43: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 39 FOR THE FISCAL YEAR 1998-1999 - On May 18, 1998, Council approved the Engineer's Report and adopted Resolution No. 98-30 to declare the City's intention to levy and collect assessments for District No. 39. Council approved the Engineer's Report and adopted Resolution No. 98-30 to declare the City's intention to levy and collect assessments for District No. 39. Council commenced the public hearing on June 16, 1998 and continued to July 7, 1998 on the levy of the proposed assessments on assessable lots within this District for FY 98-99. (c) PUBLIC HEARING - CONTINUED FROM JUNE 16, 1998 - RESOLUTION NO. 98 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 41 FOR THE FISCAL YEAR 1998-1999 - On May 18, 1998, Council approved the Engineer's Report and adopted Resolution No. 98-31 to declare the City's intention to levy and collect assessments for District No. 41. Council commenced the public hearing on June 16, 1998 and continued to July 7, 1998 on the levy of the proposed assessments on assessable lots within this District for FY 98-99. Consultant John Friedrich presented information regarding LLAD Nos. 38, 39 and 41. M/Herrera reopened the Public Hearing. There being no testimony offered, M/Herrera closed the Public Hearing. MPT/Chang moved, C/Ansari seconded, to adopt Resolution Nos. 98-42, 98- CITY OF DIAMOND BAR 40 SPECIAL JOINT CITY COUNCILIWALNUT VALLEY UNIFIED SCHOOL DISTRICT MEETING 4� JULY 17, 1898 4? CITY COUNCIL CALL TO ORDER: Mayor Herrera called the meeting to order at 8:07 a.m. in Room CC -2, South Coast Air Quality Management District 21865 Copley Drive, Diamond Bar, California. SCHOOL DISTRICT CALL TO ORDER: Board President McPeak called the School District meeting to order at 8:08 a.m. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Herrera. 3. CITY COUNCIL ROLL CALL: Council Members Ansari and O'Connor, and Mayor Herrera. Council Member Huff and Mayor Pro Tem Chang were absent. SCHOOL DISTRICT ROLL CALL: Board Members Lee and Sykes, Clerk Hall, Vice President Healy and President McPeak. Also present were: Terrence L. Belanger, Diamond Bar City Manager; Ronald Hockwalt, WVUSD Superintendent; James DeStefano, Diamond Bar Deputy City Manager; Vernon Medeiros, WVUSD Assistant Superintendent; Bob Rose, Diamond Bar Community Services Director and Lynda Burgess, Diamond Bar City Clerk. (1) School District Property Use Dr. Hockwalt stated that the most recent proposal for Larkstone Park recommended an exchange for a 3+ acre gross piece of the canyon area at the bottom of South Pointe into a passivernterpretive area. C/O'Connor asked how many acres are located in the canyon bottom. WVUSD Land Use Consultant Rogers stated that the gross area is about 35 acres which includes the canyon sides and the Standard Pacific project abutment. The canyon bottom holds approximately 10 to 12 useable acres. BP/McPeak stated that the Council/School Board needs to address maintenance and liability concerns. CM/Belanger pointed out that liability issues continue to exist for the School District if nothing is done. If the intent is to improve the area (pathways, signage, trees, etc.) ongoing maintenance will be required. When both agencies are involved, the matter becomes an issue of joint liability. BP/McPeak offered that the School District could transfer Paul C. Grow Park to the JULY 17, 1998 PAGE 2 CITY COUNCIL/WVUSD JOINT SPECIAL MEETING City in exchange for Larkstone Park. CM/Belanger responded to C/O'Connor that Paul C. Grow Park consists of five acres. The park land was built using Quimby funds for the building of homes. As a result, then= would remain the issue of removing the park land from the area and placing it in a completely different area. BP/McPeak responded to M/Herrera that Quail Summit Elementary School students use the Paul C. Grow Park facility for school day activities. The City maintains the area. Responding to Clerk/Hall, CM/Belanger explained that Larkstone Park has a reversion on it to the County. The park was originally granted to the County and then to the City as a result of the building of homes. Therefore, the land is connected to the area and the City has always contended that the transfer of the acreage ought to be three acres for another three acres in the same vicinity because the County is involved. If the County signs off, the park land could be relocated to another area. There is no agreement between the City and the School District with respect to Paul C. Grow Park. The nature of Paul C. Grow Park has changed with construction and, as a result, the park will be used more as a school facility. CM/Belanger confirmed to VP/Healy that the school uses the park area between 8:00 a.m. and 2:00 p.m. on school days. The agreement would need to call out time frames for liability purposes. For example, if a student is injured on City property during school hours, the agreement needs to define the primary liability during school hours and the primary liability during other hours. This is an ongoing concern with Paul C. Grow Park. C/O'Connor expressed concern that the citizens may assume that Paul C. Grow Park is a park facility for general use and belongs to the City and that the City may be giving up another 3 acres for a park that most people believe already is a park. BP/McPeak agreed that it is a perception problem as well as an equity issue. The liaison committee felt that the agencies need to settle the liability issues concerning Paul C. Grow Park regardless of whether the swap is completed. Clerk/Hall expressed concern that the School District and City need to reach an agreement regarding Paul C. Grow Park. CM/Belanger recommended that a date be set to discuss an agreement for Paul C. Grow Park. Dr. Hockwalt suggested that each agency independently consider the matter during their August sessions, review the proposed agreement at the first meeting in September, and adopt the agreement at the second meeting in September. JULY 17, 1998 PAGE 3 CITY COUNCIL/WVUSD JOINT SPECIAL MEETING M/Herrera and CM/Belanger concurred. MPT/Chang arrived at 8;30 a.m. Dr. Hockwalt proposed that the School District work with the City toward reaching a joint use agreement for use of the South Pointe land which would require a General Plan Land Use amendment from Open Space to Specific Plan. M/Herrera asked how the property would be accessed if it was designated for some other land use such as commercial? CM/Belanger responded that the property would be accessed via Diamond Crest Rd. Mr. Rogers explained the layout of the canyon area and stated that the slide has been remediated and the area certified as constructable property. M/Herrera stated that the City has spent a considerable amount of time marketing D.B. There is a parcel of undeveloped land on Grand Ave. and Golden Springs Dr. which the property owners have given the City permission to market. She explained that it is a prime piece of property and that a number of developers are interested in constructing a large complex. The area has freeway visibility and access and would create significant tax revenue for the City. The challenge is to interest the church to relocate. With the exception of South Pointe and Site D, there are not many large parcels of land available in the City. The City has committed to having site plans drawn to show the church how a particular property would work. BP/McPeak said that this matter was discussed during the recent liaison committee meeting. The information available was that the church would not consider moving to another location. CM/Belanger stated that the City continues to discuss the matter with the church. From the City's point of view, it is important that the property have its full potential realized. He suggested that the property be acquired through the foundation which would allow the property to become an economic engine for the school district over time. The church is not in a position to leverage its land because they paid too much for the property. If there is a possibility for exchanging these properties and involving the Redevelopment Agency to assist with financing the relocation of the church, it will be a win-win situation. Dr. Hockwalt explained that the School District is very interested in long-term benefits and is interested in pursuing the idea. CM/Belanger responded to M/Herrera that if the church relocates to South Pointe, a General Plan amendment will be required. JULY 17, 1998 PAGE 4 CITY COUNCIL/WVUSD JOINT SPECIAL MEETING M/Herrera indicated that the church is concerned with freeway accessibility. Both South Pointe and Site D are accessible and convenient to freeways. BP/McPeak concurred with M/Herrera that the School District will consider Site D as well as South Pointe as an exchange property. CM/Belanger explained that because of community concerns and location, commercially zoned Site D is problematical. Dr. Hockwalt stated that the School District is interested in working with the City with respect to Site D. The District's primary concern is an ongoing revenue stream. He spoke about the possibility of relocating the Walnut School District Office and proposing a different use for the land. CM/Belanger stated the City would propose using redevelopment resources to relocate the school and administrative offices and convert the current location land use to industrial. Dr. Hockwalt responded to C/O'Connor that the School District would consider relocating the district offices to South Pointe or Site D. When there was discussion that the City may want a City Hall either at South Pointe or Site D, the School District considered co -habitation. Since the District recently invested $600,000 to renovate the school site, relocation may be problematic. Responding to M/Herrera, Dr. Hockwalt stated that the school site consists of about 9 acres. Mr. Rogers stated the total parcel acreage is 16.7, split as 8.7 acres for Walnut Elementary School and 8.0 acres for the district offices. He explained that the Del Paso Continuation H.S. and other uses occupy about 60% of the 8 acre site. Dr. Hockwalt stated that the District is also interested in moving the Del Paso site. M/Herrera suggested that the School Board prioritize alternatives. (2) Joint Park and Recreation Agreement with Walnut Valley Unified School District CM/Belanger stated that this agenda item was scheduled to discuss joint agreements related to the parks rather than a discussion of the Parks Master Plan. Dr. Hockwalt responded to CM/Belanger that adjacent neighbors are concerned about the lighting of the basketball and tennis courts at D.B.H.S. CM/Belanger explained that due to the way in which the property is situated, lighting of fields would not intrude into any residential neighborhood. JULY 17, 1998 PAGE 5 CITY COUNCIL/WVUSD JOINT SPECIAL MEETING CM/Belanger stated that AYSO is possibly interested in investing in lighting for the Chaparral site to make it more useful for soccer. Clerk/HalI said that the problem with AYSO offering to invest in lighting is that they would anticipate exclusive access to the facility. CM/Belanger indicated that D.B. has a similar problem in scheduling because of the numerous and diversified groups seeking facilities and park for their activities. (3) School Safety Traffic Study Dr. Hockwalt responded to C/O'Connor that it is the School District's intent to use Diamond Crest Lane to its maximum potential for busing students to South Pointe Middle School when the street is ready. CM/Belanger explained that signalization is proposed to be installed mid -fall which will provide ingress to Brea Canyon Rd. from the school site. Dr. Hockwalt pointed out that the latest update to the School Safety Traffic Study involves proposed changes for Evergreen Elementary School. CM/Belanger stated that, as a part of the 98/99 FY Budget, Council approved overtime hours for a L.A. County Sheriffs Department deputy to provide traffic safety enforcement for the schools on a non -sequential rotating basis in an attempt to raise the consciousness of individuals that create traffic at the schools and to provide more intensive enforcement for people who create safety problems. He explained the proposed traffic improvements for Evergreen Elementary School and stated that the related costs are contained within the matrix on Page 8 of the study. Dr. Hockwalt reiterated that the WVUSD is more than willing to work with the City through this process. He said he will attend the July 21, 1998 Council meeting to publicly confirm the district's intent. No objections will be raised. (4) Other Matters of Mutual Interest and Concern C/Ansari expressed concern regarding the School District's D.B. Sister City exchange program. Dr. Hockwalt explained that there are discussions regarding exchange of students from D.B. to the Sister City sometime this fall. There have been some political changes within the Sister City that may affect the program. He said he has had no discussion with Sister City officials. MPT/Chang stated that he and Council Member Huff plan to meet with Sister City officials in August, 1998. The new mayor was previously a delegate to D.B. and is very interested in continuing the relationship. JULY 17, 1998 PAGE 6 CITY COUNCIL/WVUSD JOINT SPECIAL MEETING M/Herrera proposed that the next joint meeting be held in October, 1998. BP/McPeak thanked Council for hosting this unique and historic joint meeting. She believed the ability to exchange ideas openly and freely was very beneficial to both parties and looked forward to a continuing collaboration for the mutual benefit of the community. 4. ADJOURNMENT: There being no further business to conduct, Mayor Herrera and President McPeak adjourned the Special Joint Meeting at 10:01 a.m. ATTEST: Mayor LYNDA BURGESS, City Clerk MINUTES OF THE CITY COUNCIL O REGULAR MEETING OF THE CITY OF DIAMOND BAR JULY 21, 1998 9� 1. CLOSED SESSION: None 2. CALL TO ORDER: Mayor Herrera called the meeting to order at 6:37 p.m. in the South Coast Air Quality Management District Auditorium, 21865 E. Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: Council Member Huff INVOCATION: Monsignor James Loughnane, St. Denis Catholic Church ROLL CALL: Council Members Ansari, Huff, O'Connor, Mayor Pro Tem Chang, Mayor Herrera Also present were: Terrence L. Belanger, City Manager; Michael Jenkins, City Attorney; James DeStefano, Deputy City Manager; David Liu, Deputy Director of Public Works; Bob Rose, Community Services Director; Mike Nelson, Communications & Marketing Director; Joann Gitmed, Senior Accountant and Lynda Burgess, City Clerk. APPROVED AGENDA: As presented. 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Presented Certificates of Appreciation to Solid Waste Task Force Members. 3.2 Presented Certificates of Appreciation to Off -Street Parking Task Force Members. 4. PUBLIC COMMENTS: None 5. SCHEDULE OF FUTURE EVENTS: 5.1 CONCERTS IN THE PARK - July 22, 1998 - 6:30 p.m. - 1998 Mid West Coast Band (Top 40 Contemporary), Sycamore Canyon Park, 22930 E. Golden Springs Dr. 5.2 PARKS & RECREATION COMMISSION - July 23, 1998 - 7:00 p.m., SCAQMD Hearing Board Room, 21865 E. Copley Dr. 5.3 PANTERA PARK GRAND OPENING - July 25, 1998 - 10:00 a.m., 738 Pantera Dr. 5.4 PLANNING COMMISSION - July 28, 1998 - 7:00 p.m., SCAQMD Auditorium, 21865 E. Copley Dr. 5.5 CONCERTS IN THE PARK - July 29, 1998 - Sapadilla (Reggae) - 6:30 p.m., Sycamore Canyon Park, 22930 E. Golden Springs Dr. 5.6 CITY COUNCIL MEETING - August 4, 1998 - 6:30 p.m. - SCAQMD Auditorium, 21865 E. Copley Dr. JULY 21, 1998 PAGE 2 CITY COUNCIL 5.7 LOS ANGELES COUNTY LIBRARY - DIAMOND BAR BRANCH RE- OPENING - August 15, 1998 - 10:00 a.m., 1061 S. Grand Ave. 5.8 SUNCAL PROJECT PUBLIC HEARING/WORKSHOP CONTINUATION - Changed from Saturday, August 8, 1998 to Tuesday, August 18, 1998 at 6:30 p.m., SCAOMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: Moved by MPT/Chang, seconded by C/Huff to approve the Consent Calendar, with the exception of Item No. 6.7. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.1 MINUTES: 6.1.1 Special Meeting of July 6, 1998 -Approved as submitted. 6.1.2 Regular Meeting of July 7, 1998 - Continued to August 4, 1998. 6.2 RECEIVED AND FILED TRAFFIC & TRANSPORTATION COMMISSION MINUTES: 6.2.1 Goals and Objectives of the Traffic & Transportation Commission Study Session of May 14, 1998. 6.2.2 Regular Meeting of May 14, 1998. 6.3 RECEIVED AND FILED PLANNING COMMISSION MINUTES: 6.3.1 Regular Meeting of May 26, 1998. 6.3.2 Regular Meeting of June 9, 1998. 6.4 APPROVED VOUCHER REGISTER - dated July 21, 1998 in the amount of $527,777.28. 6.5 APPROVED NOTICE OF COMPLETION - TRAFFIC SIGNAL INSTALLATION ON DIAMOND BAR BOULEVARD AT GOLDEN SPRINGSICALBOURNE - accepted work performed by Macadee Electrical Construction and authorized the City Clerk to file the Notice of Completion and release any retention amounts per previously approved plans and specifications. 6.6 APPROVED NOTICE OF COMPLETION - TRAFFIC SIGNAL INSTALLATION ON DIAMOND BAR BOULEVARD AT PALOMINO DRIVE/GENTLE SPRINGS DRIVE - accepted work performed by Macadee Electrical Construction and authorized the City Clerk to file the Notice of JULY 21, 1998 PAGE 3 CITY COUNCIL Completion and release any retention amounts per previously approved plans and specifications. 6.8 AWARDED OFFICE SUPPLY CONTRACT FOR FY 98-99 - established an open purchase order in the amount of $15,000 with Office Depot for purchase of general office supplies. The majority of everyday "consumable" products will be purchased from this vendor; however, larger items (office equipment) will continue to be awarded based upon several informal bids. 6.9 AWARDED CONTRACT FOR THE 1997-1998 CDBG SIDEWALKS & HANDICAP ACCESS RAMPS PROJECT- to Kalban, Inc. for the 97-98 CDBG Sidewalks and Handicap Ramps Project, in an amount not to exceed $70,542.20. Further authorized a contingency amount of $7,000 for project change orders to be approved by the City Manager, for a total authorization of $77,542.20. 6.10 RECEIVED AND FILED 1998 CONFLICT OF INTEREST BIENNIAL NOTICE - no amendments to the City's Conflict of Interest Code are necessary at this time. 6.11 APPROVED EXTENSION OF MINUTE SECRETARIAL SERVICES WITH CAROL DENNIS - authorized the City Manager to extend the agreement with Carol A. Dennis for Minute Secretary services for City Council, Planning Commission, Parks & Recreation Commission and Traffic & Transportation Commission meetings in the amount of $23,000 for the period July 31, 1998 through June 30, 1999. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.7 AWARD OF GEOTECHNICAL MONITORING SERVICES FOR PUBLIC STREET IMPROVEMENTS - Meadowglen Rd., between Silver Rain Dr. and Ironhorse Canyon Rd. has experienced seepage problems for several years. The City has been monitoring the conditions and a comprehensive geotechnical study was completed by Converse Consultants West. Plans and specifications are currently under design; however, it is necessary to retain Converse to review the plans and specifications and provide close geotechnical inspection as construction will be complicated by high groundwater conditions, buried utilities and maintenance of access to the residential driveways and street. Following discussion, C/Ansari moved, C/O'Connor seconded, to award a contract to Converse Consultants West to review the plans and specifications and provide geotechnical inspection for the Meadowgien Rd. Public Street Improvements Project in an amount not -to -exceed $36,342 and provide a contingency amount of $4,000 for contract amendment(s) to be approved by the City Manager, for a total authorization amount of $40,342. JULY 21, 1998 PAGE 4 CITY COUNCIL C/Huff stated that he supported the project but could not support the recommended action because, with the information presented, he was not convinced that Council had the information necessary to make the choice for this particular consultant to oversee the project. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, O'Connor, M/Herrera NOES: COUNCIL MEMBERS - C/Huff, MPT/Chang ABSENT: COUNCIL MEMBERS - None 7. PUBLIC HEARING: 7.1 SECOND READING OF ORDINANCE NO. 3(1998): AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING CHAPTER 8.24 OF TITLE 8 OF THE DIAMOND BAR CITY CODE, ADOPTING BY REFERENCE DIVISION 1 OF TITLE 8 AND DIVISION 1 OF TITLE 11 OF THE LOS ANGELES COUNTY CODE, AND REVISING THE CITY HEALTH CODE - L.A. County adopted an ordinance enhancing current public health requirements for operation of food establishments. M/Herrera opened the Public Hearing. Martha Bruske asked why staff is recommending addenda to the County Ordinance. She did not feel that food operators should have an opportunity to dictate when a reinspection would take place if the establishment fails its first inspection. Dr. Lawrence Rhodes asked that the proposed Ordinance be enhanced to provide that customers may call the City and request that an establishment be inspected. There being no further testimony offered, M/Herrera closed the Public Hearing. DCM/DeStefano stated that the City contracts with the County for health inspection services and does not have staff available for inspection. C/O'Connor suggested that Section 8.04.0306, paragraph two, sentence two be amended to read "if a re -inspection is requested, said grading shall not be utilized for purposes of preparing a Letter Grade Card or Inspection Score Card, and neither shall be posted unless a request for re -inspection is not timely filed." JULY 21, 1998 PAGE 5 CITY COUNCIL CA/Jenkins suggested "Said grading shall not be utilized for purposes of preparing a letter grade card or inspection score card and neither shall be posted." Following discussion, C/Huff recommended suggested that the matter be continued to August 4, 1998. Council concurred. 8. OLD BUSINESS: 8.1 FINAL REPORT OF THE CITY OF DIAMOND BAR SOLID WASTE STANDARDS TASK FORCE - The final report of the Solid Waste Standards Task Force (SWSTF) is the product of five months of meetings and study to examine how best the City could comply with the goal of 50% diversion by the year 2000 as mandated by AB 939. Established on December 16, 1997, the SWSTF examined existing solid waste and recycling programs, identified key issues related to solid waste collection and disposal, evaluated the City's current solid waste management system, and identified a probable menu of actions that the Council could take. Through these recommended actions, the City could likely achieve the 50% diversion mandate. J. Michael Huls, the City's solid waste consultant, presented the final report of the Solid Waste Standards Task Force. Red Calkins suggested that lawmakers show the City how to accomplish the 50% reduction rate. He said he wants to have a choice of haulers. He stated he felt the task force was a waste of time because Council had already made its decision. Don Gravdahl expressed concern about increased charges for waste hauling if green waste pickup is mandated by the City. Dave Reynolds, Solid Waste Task Force Member, thanked M/Herrera for establishing the task force. He said the task force was led by a consultant with a provers track record in adding value to his clients in many cities throughout the area who presented a framework with options that he thought were appropriate to D.B. Task force members conducted a thorough investigation and discussion of the options and forwarded their recommendations to Council. He did not believe Council made its decision prior to establishment of the process. He spoke in support of the recommendations and cautioned Council that, in order for a recycling program to be successful, the City needs to establish an extensive education and outreach campaign. Clyde Hennessee believed the City needs more than one trash hauler and larger recycling receptacles. He suggested people eliminate grass yards to cut down on green waste. JULY 21, 1998 PAGE 6 CITY COUNCIL Dr. Lawrence Rhodes supported a green waste program for the City. Martha Bruske expressed concern about recycling containers left in front yard areas and supported use of closed recycling containers. She urged Council to remember that the trash pickup trucks are noisy and more trucks mean more noise. She stated she does not trust home composting and she fears that with rising costs, people will bury their trash. She suggested that the City newsletter list hazardous waste pickup dates and locations. Allen Wilson spoke in support of the task force's recommendations. Following discussion, C/Ansari moved, C/Huff seconded, to direct staff to prepare a proposed implementation schedule and analysis of the Task Force's recommendations for consideration at the August 4, 1998 City Council meeting. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 8.2 FINAL REPORT OF THE CITY OF DIAMOND BAR OFF-SITE PARKING TASK FORCE - The Off -Site Parking Task Force, established by Council on December 16, 1997, had the task of identifying all issues regarding off-site parking, considering oversized vehicles, extended parking, permitting 24- hour parking and prohibiting 72 -hour parking in residential neighborhoods. The Task Force reviewed current D.B. laws as well as solutions adopted by surrounding cities and made recommendations for possible solutions to the problems identified in D.B. Al Rumpilla, 23958 Golden Springs Dr., said he did not want the City to adopt additional laws with respect to overnight parking. He turned over to the City Clerk letters from Wong N. Kim, 20723 Timberlane Dr. and Manuel and Shany Jin, 2716 S. George Ln., asking that Council not adopt any new laws. Roy Wilks spoke about the Off -Site Parking Task Force and its report to Council. Roger Warnken, 20330 Damietta Dr., stated he favored no additional parking laws. Stan Granger, 23800 Gold Nugget Ave., agreed with Al Rumpilla about no new parking laws and suggested increased enforcement of the current laws. Cleta Farr, 21225 Cold Springs Ln., said she was against no overnight JULY 21, 1998 PAGE 7 CITY COUNCIL parking. Tina Freeman, 23642 Palomino Dr., left a note for Council stating she did not believe that D.B. has parking problems. Martha Bruske, 600 S. Great Bend Dr., asked that code enforcement expectations be added to the Sheriffs Department. She urged Council to implement Motion 3 shown in the report and to enforce the current laws. Don Gravdahl spoke about his participation on the Task Force and showed photographs of vehicles that appear to be abandoned. He supported items 1, 2, 3 and 6 on the Task Force report. Dr. Lawrence Rhodes, Fibre Ct., said he and his neighbors are not opposed to people who park on his street in violation of the City's Parking Ordinance. Alberto Garcia, 2705 S. George Ln., Walnut, was opposed to proposed new restrictions. He asked the City to leave things as they are and let the residents keep their parking spaces. Bill White, 24212 Breckenridge Ct., asked Council to help the residents of his street with an ongoing concern about the safety of neighborhood children because of the number of recreational vehicles that are parked on Breckenridge for servicing. Dennis Westbrook, 21227 E. Fibre Ct., agreed that enforcement is necessary. However, he was concerned that additional enforcement would mean additional taxes to the residents. He favored educational information for residents be provided instead of more signage on the streets. He would like the City to allow recreational vehicles to be parked on the street overnight for loading and unloading. He agreed with Motion 5 and no parking on the street during street sweeping. Darlene Epperly, 23528 Twin Spring Ln., said there is insufficient parking at her residence to accommodate the number of vehicles in her household. She favored enforcement with respect to abandoned vehicles and agreed that recreational vehicles should be allowed to park on the street overnight for loading and unloading. Marta Samayoa, 358 Ballena Dr., was opposed to any new laws. Clyde Hennessee agreed with previous speakers who said there should be no new laws. He said he withdrew his participation from -the Task Force at the second meeting. Thom Pruitt spoke about his participation on the Task Force and JULY 21, 1998 PAGE 8 CITY COUNCIL commended Chairperson Leonard -Colby for her leadership. He presented a petition signed by 17 residents of Breckenridge Ct. expressing their concerns about a dangerous situation that exists in the area. Erik Sandoval opposed new parking laws. M/Herrera stated that Council received letters from Carrie and Mindy Farrabee, 20974 East Canyon Ridge Rd. and Toshiko Ishijima, 20805 Rocky Point Ln., who expressed opposition to any new parking restrictions. She acknowledged a letter from Barbara and Lawrence Parker, 23727 Meadow Falls Dr., who urged the City to continue to permit the parking of small motorhomes. Following discussion, M/Huff moved, MPT/Chang seconded, to request staffs input regarding recommended motions 1, 2, 3, 5 and 6. In addition, Council directed that staff provide additional information regarding different issues including the Walnut Sheriffs Department's list of priorities with respect to enforcement and ways in which these matters might be resolved. Further, to continue the matter to a Study Session on Tuesday, September 1, 1998 for further consideration. 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 8.3 RESOLUTION NO. 98-45: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING IMPROVEMENTS AS PART OF THE DIAMOND BAR SCHOOL SAFETY STUDY AT ARMSTRONG ELEMENTARY SCHOOL, CASTLE ROCK ELEMENTARY SCHOOL, CHAPARRAL MIDDLE SCHOOL, DIAMOND BAR HIGH SCHOOL, DIAMOND POINT ELEMENTARY SCHOOL, EVERGREEN ELEMENTARY SCHOOL, GOLDEN SPRINGS ELEMENTARY SCHOOL, LORBEER MIDDLE SCHOOL, MAPLE HILL ELEMENTARY SCHOOL, QUAIL SUMMIT ELEMENTARY SCHOOL, SOUTH POINTE MIDDLE SCHOOL, AND WALNUT ELEMENTARY SCHOOL. On February 4, 1997, Council authorized Austin -Foust Assoc. to conduct a comprehensive school safety/traffic study for Pomona and Walnut Valley Unified School Districts school sites in order to effectively address school -related traffic issues. The School Safety Study dated June 3, 1998, contains the results of the study and recommended improvements. After a series of meetings and workshops, the Traffic & Transportation Commission approved the study in concept on November 13, 1997. Council received public comments and discussed the study on April 7, 1998. The study was further discussed during two Council study sessions held April 21 and May 5, 1998. JULY 21, 1998 PAGE 9 CITY COUNCIL CM/Belanger read a letter addressed to Council and signed by representatives of both school districts which stated that neither the Pomona or Walnut Valley Unified School Districts have any problems with the D.B. School Safety Study recommendations. M/Herrera read a request signed by six homeowners requesting that, due to construction in the area, the school bus dropoff be moved from the 700 block to the 800 block of Leyland Dr. C/O'Connor recommended that, with adoption of the Resolution, letters be forwarded to each school involved notifying them of the specific recommendations to be implemented and that the Walnut Sheriffs Department will be monitoring school sites on a random basis during school hours. C/O'Connor moved, C/Huff seconded, to adopt Resolution No. 98-45 with the exception of Items C, E, and F for D.B. High School and Item D for Evergreen Springs Elementary School and that all items that can be implemented prior to the beginning of the 98/99 school year be completed. C/Huff amended the motion to indicate that the items withdrawn from D.B. High School and Evergreen Springs Elementary School be brought back to Council for consideration within 60 days. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None A) RESOLUTION 89-88B, A RESOLUTION OF THE CITY OF DIAMOND BAR, CALIFORNIA, RESCINDING RESOLUTION 89-88A AND ADOPTING RESOLUTION 89-88B, APPROVING AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. Moved by M/Herrera, seconded by MPT/Chang to adopt Resolution 89-88B. Motion failed by the following Roll Call vote: AYES: COUNCIL MEMBERS - MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - Ansari, Huff, O'Connor ABSENT: COUNCIL MEMBERS - None C/Huff moved, C/O'Connor seconded, to adopt Resolution No. 89- 88B and specify that the employees' portion be removed from the JULY 21, 1998 PAGE 10 CITY COUNCIL employees' cafeteria plan if the employee so chooses. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None B) ORDINANCE 26B(1989), AN ORDINANCE OF THE CITY OF DIAMOND BAR AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM - In September, 1989, the City contracted with the California Public Employees' Retirement System (CaIPERS) for retirement benefits for its employees. The City's current contract is a 2% @ 60 full formula for local miscellaneous members with no Survivor Benefit coverage. There are several other supplement provisions which are available to contracting entities. It is requested that Council consider adding one of these provisions at this time. The proposed amendment is: Section 21574 - Fourth Level of 1959 Survivor Benefits for local miscellaneous members. The cost to the City for the benefit amendment is $3.50 per month per eligible employee and a cost to the employee of $2.00 per month. C/Huff moved, C/Ansari seconded, to adopt Resolution No. 89-88B rescinding Resolution No. 89-88A to approve an amendment to the contract with the Board of Administration of the Public Employees' Retirement System and approve first reading by title only of Ordinance No. 26A (1989) amending the contract with the Board of Administration of the California Public Employees' Retirement System with second reading to be held on September 1, 1998. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 9. NEW BUSINESS: None RECESS TO REDEVELOPMENT AGENCY MEETING: 11:22 p.m. RECONVENE CITY COUNCIL MEETING: 11:25 p.m. 10. COUNCIL SUB -COMMITTEE REPORTS: C/Ansari reported on her attendance JULY 21, 1998 PAGE 11 CITY COUNCIL at a Cities & Commerce Consortium meeting and today's Chamber of Commerce meeting. CM/Belanger, responding to C/O'Connor's request, stated that the City has placed 3 of the 6 approved new shopping center sign boards at Sav-On, the Country Hills Towne Center at the Madrid Coffee Shop and in front of Lucky's market. C/O'Connor reminded residents that during rehabilitation of the north D.B. Blvd. area, construction speed limit is 25 mph and fines are doubled for each offense. The D.B. Rotary Club will hold a pancake breakfast/blood drive at D.B.H.S. on Sunday, July 26. C/Huff requested that staff present information to Council regarding the traffic study for the post office area. M/Herrera reminded Council to appoint their Telecommunications Facilities Task Force Members to commence work on September 1, 1998 and conclude on October 31, 1998. 11. COUNCIL MEMBER COMMENTS: M/Herrera congratulated West Point Military Academy graduates Second Lieutenant Randy Herrera and Second Lieutenant Bryan Chapin and thanked them for the "fun this evening." 12. ADJOURNMENT: There being no further business to conduct, M/Herrera adjourned the meeting at 11:33 p.m. ATTEST: Mayor Lynda Burgess, City Clerk CITY OF DIAMOND BAR MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION JUNE 11, 1998 CALL TO ORDER: Chair/Leonard-Colby called the meeting to order at 7:06 p.m. at the South Coast Air Quality Management District Hearing Board Room, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE The audience was led in the Pledge of Allegiance by Commissioner Lin. ROLL CALL: Commissioners: Chair Leonard -Colby, Vice Chair Morris, and Commissioner Istik, Lin and Virginkar. Also Present were: David Liu, Deputy Director of Public Works, Tseday Aberra, Administrative Assistant, Lt. Stothers and Deputy Rich Clark. L APPROVAL OF MINUTES: A. Minutes of Goals & Objectives Study Session of May 14, 1998. C/Virginkar moved, VC/Morris seconded, to approve the study session minutes of May 14, 1998 as submitted. Motion carried 4-0-1 with C/Istik abstaining. B. Minutes of the Regular Meeting of May 14, 1998. C/Virginkar moved, VC/Morris seconded, to approve the regular meeting minutes of May 14, 1998 as submitted. Motion carried 4-0-1 with C/Istik abstaining. IL COMMISSION COMMENTS: Chair/Leonard stated she observed several vehicles speeding over the ladder crosshatch on Grand Avenue in front of Century 21 E -N. She asked for re -consideration of this matter and suggested that increased enforcement may be necessary. M. PUBLIC COMMENTS - None IV. CONSENT CALENDAR - None JUNE 11, 1998 PAGE 2 V. OLD BUSINESS: A. Goals & Objectives of the Tragic and Transportation Commission. DDPW/Liu presented staffs report. Staff recommends that the Traffic & Transportation Commission continue to review, discuss, and numerically prioritize the updated goals and objectives. Chair/Istik asked if the matter of narrowing Sunset Crossing Road is included in the 1997/1998 Fiscal Year budget. DDPW/Liu responded that this item was budgeted for 1997/1998. Staff will need to further discuss the specific nature and request for this type of study. Staff recommends that the Commission keep this matter as one of its goals and objectives. C/Istik stated that if this item was in last year's budget the matter should go forward with the City Council and no longer be a matter under consideration by the Traffic and Transportation Commission. Chair/Leonard suggested the item could be discussed in a joint study session with the City Council. She favors leaving the item on the list of Goals and Objectives for this year. The Commission concurred to leave the item on the list. Chair/Leonard asked if C/Istik would provide his numerical rating prior to the list being forwarded to City Council. VC/Morris reiterated his concern about the school study issues including restriping and whether the city will be able to move forward prior to the fall school session. DDPW/Liu responded that the School Traffic Study is scheduled to be discussed by the City Council at the July 21, 1998 meeting. Approximately $100,000 has been budgeted for Fiscal Year 1998/1999 for school related improvements. JUNE 11, 1998 PAGE 3 VC/Morris said he hopes the City Council will move forward with this matter in order to effect changes prior to the September, 1998 school session. He explained that the City Council has asked staff to reconsider mitigation measures at a couple of schools including Evergreen Elementary School. City Council wants to move forward to implement mitigation measures. It is up to the two school boards to approve their portion of the suggested improvements. DDPW/Liu responded to Chair/Leonard that with the submission of C/Istik's rankings, staff will reprioritize the list and bring it back to the Commission for further consideration and final approval at its next meeting. VL NEW BUSINESS: A. Multi -way stop signs at the intersection of Sunset Crossing Road/Prospectors Road. C/Istik moved, C/Lin seconded, to concur with staffs recommendation to not approve a multi -way stop sign at the intersection of Sunset Crossing Road/Prospectors Road at this time. Motion carried 5-0 by Roll Call vote. B. Background information on the installation of the "2 Hour Parking, 8 a.m. to 5 p.m., Monday -Friday" signs along Fallowfield Drive and Pasco Court. DDPW/Liu presented staffs report. Staff recommends that the Traffic and Transportation Commission review/discuss the background information and continue this matter to the July 9, 1998 Commission meeting. DDPW/Liu responded to CNirginkar that the business owners have indicated that they would be willing to pay the city for parking on Fallowfield Drive and Pasco Court through a parking permit program. In considerations of forthcoming recommendations from the Off -Site Parking Task Force, staff believes this matter should be carried forward for consideration at a later date. AA/Aberra responded to CNirginkar that First Mortgage did not indicate the number of parking spaces they wished to have permitted. C/Istik stated he believes consideration of this matter is more of a land use issue than a traffic parking issue. He pointed out that Fallowfield is a residential street with houses on both sides of the street. By allowing street parking the city is making a residential street entrance appear that it is an overflow parking lot for a business that is underparked. JUNE 11, 1998 PAGE 4 VC/Morris, referring to meeting minutes of January 14, 1993, asked if First Mortgage completed construction of an addition to allow an additional 15 parking spaces in front of the building with modifications to the lower portion of the building. DDPW/Liu stated he does not believe the expansion took place. Referring to Page 6 of the May 21, 1992 minutes, First Mortgage indicated they had approximately 60 employees. Staffs observation was that the businesses required accommodation for 15 to 25 vehicles. CNirginkar stated he feels that former Commissioner Chavers! recommendation for "No Parking 10 a.m. to 2 p.m." is a good recommendation. VC/Morris asked staff to determine whether the proposed addition was completed. C/Istik read former Commissioner Chaver's comment from the December 10, 1992 meeting that "He explained to Mr. Ziroli (First Mortgage Corporation) that it is not the responsibility of the citizens of Diamond Bar to provide parking for businesses on every street". Mr. Chavers is making the distinction between public streets and private use. VC/Morris said the concept of permit parking is interesting and he looks forward to a report from staff regarding this matter. VII. STATUS OF PREVIOUS ACTION ITEMS: DDPW/Liu reported that at its June 2, 1998 meeting, the City Council approved the construction contract to All American Asphalt for the Diamond Bar Boulevard rehab project from Palomino Drive to Temple Avenue. The 90 calendar day project is slated to commence immediately following the fourth of July weekend. Businesses and residents adjacent to the area have been notified of the project and an informational meeting will be held for their benefit. The City Council also approved the Traffic and Transportation Commission's recommendation to install a stop sign at the intersecting leg of High Knob Road at Greycloud Lane. At the June 16, 1998 meeting, the City Council is slated to award a contract to ProTech Engineering for the signalization on Diamond Bar Boulevard at Montefino Avenue and at Quail Summit Drive. DDPW/Liu responded to Chair/Leonard that microwave detectors will be used at the intersecting legs of both Quail Summit Drive and Montefino Avenue locations which negates the necessity of realigning the shopping center and townhome driveways. JUNE 11, 1998 PAGE 5 VIII. ITEMS FROM COMMISSIONERS - Chair/Leonard asked for status of the Montefino Avenue red curbing. DDPW/Liu responded that staff asked Montefino Avenue Homeowners Association to remove the red curbing they recently installed which they have done. If they wish further consideration of this matter, it should be brought to the Traffic and Transportation Commission in the form of a request. VC/Morris asked if the Diamond Bar Boulevard rehabilitation will include striping changes recommended by the Commission from Palomino Drive to the westbound SR 60 onramp. DDPW/Liu responded that staff will work with the consultant to modify the striping. VC/Morris asked that a resident's comments regarding the difference in the timing of the traffic signals between north of Diamond Bar Boulevard on Grand Avenue and south of Diamond Bar Boulevard on Grand Avenue be a focal point of sychronization in order to keep residents on the main streets of the city. DDPW/Liu assured VC/Morris that the resident's comments will be considered. He reminded the Commission that the city is seeking input from various traffic consultants regarding ideas for the City Council to consider regarding Grand Avenue traffic capacity. IX. ITEMS FROM STAFF: A. Monthly Traffic Enforcement Update: May, 1998. Lt. Stothers presented the Traffic Enforcement Update for May. The enforcement index for May was 36.4. X. INFORMATIONAL ITEMS: Chair/Leonard-Colby stated the Off -Site Parking Task Force completed its Report for presentation to the City Council on July 21, 1998. XL SCHEDULE OF FUTURE CITY MEETINGS: As presented in the agenda. JUNE 11, 1998 PAGE 6 ADJOURNMENT: There being no further business to come before the Traffic and Transportation Commission, VC/Morris moved, C/Istik seconded, to adjourn the meeting. Chair/Leonard-Colby adjourned the meeting at 8:07 p.m. Respectfully, David G. Liu Secretary Attest: Joyce Leonard -Colby Chair CITY OF DIAMOND BAR VOUCHER RE�ICTER APPRDVAL The attached listing of vouchers datet 080408 have been reviewen, approved, and recommended For payment. Payments are hereby allowed from the following funss in these amounts WND DESCRIPTION PREPAID VOUCHERS TOTAL 001 GENERAL FUN[ 66,8�Z.�7 850,886.62 917,769.0P 112 �ROP � - T�ANSIT �UND '00 7 45,439.4 45,439� .7 115 INTEGRATED WASTE MGT FUN[ '�� 562.80 561'80 l25 CO� DEV BLK Q��NT FUND .00 1,208.25 �1,208.25 �32 LLAD #38 FUN[ .0C 3,968.72 3,968.72 �39 L�AD #39 �UND .0� 1,123.87 1,123.�7 256 CAPITAL IMP�O��PROJ FUN� .0o 92,025.21 92,025.21 5l0 SEL� l�SURANCE FUN� .�0 1,740.58 1,740.58 Caro1 Mayor De�o�a� �' O'Cornor Counc�l Member I U� DATE� O7/29/1�� 1Y�23�33 VOUCiER RBISTEH PAGE� l DUE THRU; 08/64/lz-�.?8 FUNO��CT'��T-PROJECT-�%T PO # INVOICE A;DUN DA 'IE CHECK ACCURATE LANDSCAPE VO15310-4120O-- �135 71hL3� G[* FAR`'SUnPLlES 494.00 VO1532G'4221O' �285'OPEN �A\-��D'L MAl"J. SUMTRDD 48.32 0O15319-42210-' 6235'OPEN MAY-ADDL MAIN— PETERS8K 28�.55 (015J3�'42210- 6285-0PEN MA�'��D'L MAlNT SiC CY� 97.46 0O153�3-�210-' 62O5'OPEr MAY-A[0'� MAINT HERITAGE 125.O� 13Y5539'4221O' 62D� 70Yo54 A��'L MAlNT'7IS- TOT^` PRE�AlE TGT�� �DUCKERS TOT:' DUE VENDOR .O0 2,0V6.56 2,V08.5� PIZO�E 0014096-44000 7419 98'47� ��Tc- PRl�TS-SHPG CNTR� 385'2� �OTAL P�EP��CS TOTA. .00 VOUC�E�6 TOTA� DUE VENDOR 385.2l 385.22 ALL �MERIC�N ASP*AL- 2505�18-4641\-�2499 4�4�1 734t 6�08� CON�T�'D6AP REHA� PRr�J TU�A� PqEPAI[� 63,162.00 TIED VDUCHERS .0O 63.162.00 TDTAL DUE VENDWR 6�.162.00 AMAI/KEYE PR�3UCTl;IT, CENTER 0O14O40'42340'' 7562 SEMlN�R-8/13/93 6OMENZI 139.�O AL pR[PAIDS .O0 TOT�� VG�C�E�� 139.0V TOTAL DLE VENDOK 139.O� A�ERICA� PU8LlC WO�K5 ASSOCI4TION �MP GUIDE o.V� TOT�L PREPAIDS .0V TOT�_ VOUCHERS 6.0� TOTAL DbE VENDOR 6.VV ANAHElr SP0RTS` INC. S�i535o'45310' DA/ CAMP EX1'URS-8/5/96 36919 TOTAL pRE;�I3S 184.25 TQTAL VOUCH[RS .V0 TDTAL D11:7 VEND0R 184.25 AT�r O�14OY�-42125'- LON3 DISTANCE PHNE SVCS 6,31 T0AL PREPAIDS ,00 TOTAL VOUCH[RS FR, 6.31 TOTAL DUE 6.31 AUTH0RIZED G��ICE SYSTEMS 0014050-46200'' 7498 1-5687-u FORM FLOu BUR�7 B #8'5 2.728.25 TOTAL PREPAIDS ,00 TOTAL V2 'M- 2,728,25 TOrAL DUE VENDOR 2,728.25 RUN DATE. O7��/1991 19;23�33 VOUCHE� E PAGE` 2 PR��lC F1N0/S��'ACCT-PROJB�-��C�f@J-n YO�ANDA BENDER 0C� 3474O-- 2�44� RECREATI3r� R[FUNC TJrAL PREPA�DS .00 TO�AL VObCHE�S 59.0C TJTAL DUE VE`M.OR �ANJANA BHATT Vo�-34780-- 2725o RECREA�IO� 8EFUNC �10.00 TJT�� PREPAlDS .00 TOT�� V��H�RS T6TA� DUE VEN3OR 310.0S 31O.0� BlLL'S LOCK AND SAFE VO15310-4120O-' 6iSl OPEi KEYS FOR PARKS 27~4S TOTAL PREPAIDS .00 TD��� VOUCHER� 27.48 TOTAL DUE oENDOR 27.48 DANIE�LE 8LAE 001-34780'- 27255 RECRE4TlOW REFUND 45.00 TJrAL PREPAIDS .00 TDTA� VOUCHER5 45.00 TOTAL JUZ VEMDOR 45.0O MICHAEL 8RANDMAN AS��lATES lNC O01'23O1�— V��9-347O P�� ER 92-O3 801.49 0V1'23�10— O698-3469 PPOP SVCS -FPL 93-V6 2,235.42 PR3- SVCS'FP1 Y4-25 763.47 T2TAL PREF-, AIDS .00 VUUCHET%5 3,826,38 T3TAL DUE VENCOR 3,82�.38 ERiAN STIRRA T& ASSOCl�TES INC 0015510-45227'' 7090 ���ii ENGR lNSP SVCS-BALLENA 45.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 45.00 TOTAL DUEEL VENDOR 45.0O CA JOlNT POWERS INSURANCE AUTHOR.lTY 5104OO1'47200- S86O95 LIA6 COPAY'DB VS ANI3 1707.50 88�4O50-4233O-' ,EG lS-CONF 10/20-21'GTMD 12O.00 TOTAL PREPAIBE. .00, TOTAL VOUCHERS 1,827.50 7071".L DU[ VENDIOR |,827.50, CERTIFIED TRANSPORTATlON 11I5360-45310-- 74V0 O1'27095 TRANSP-7/1'DAY CAMP E%CUR 252.51 TOTAL PREPAIDS .0V TOTAL VOU��R5 252.51 TOTAL DUE VENDOR 252.51 11:%,!J1N' DATE; V7�,)/199G 19;23.33 EJ---- u- PREF�lD FC�D/��T'4CCT'PROJ�T-ACCr PO � I���CE ��C ��T�O* AMOUN DATE CHECK 001531V -4213V— 7539 1501749'0 UNFR�£-PR'' STF-W/OF7/2O �9.47 0421�� 7539 150�7��6 3NlF�� ��K STF-W/OF7/6 t- 70OL531V-4213V'' 00 15310-4 2131-- 7539 150173808 UNlrRMS-PRK ST .47 T8TAL �EPAlDS .O0 TOTAL VOUCHERS 58.41 TOTAL DUE VE�iDD� 58.41 COFFEES�ITH CO�PAny V������'�232� 0O!4V9V-4213O- 76�� 1C29/9O17 NE�TIN� SUPPLlE5 O�1�09�-422l�' 7��� 7667 �029/7�17 JU�Y �QUIP REaTAL 2U\3 MAlNT W�TER FILTRATN SYS l7.95 6�.O0 TOTAL PREP�lDS .00 TOTVCUCHEPE 7OT�i DUE VE _Um 145.8C �OMPCARE ��ICAL GRCUP 0O14�90-42345-' 6O00 PHYSCLS-RO- .lE/KAJIWARA 178.00 TOTAL PKEPAlDS ,C0 TOTAL VOUCP:=S 178,00 TOTAL DU[ VENP0R 178.00 �MAU & ASS8CIATES VV14O5V-u4O10— 6911 98-5227 AUCIT S3RD PR8RS PYMT VCS - 8`600,V0 TOTAL PREPAIDS .00 TOTAL YOUCHERS 8`600.00 TOTAL DUE VENDOR 8,600.00 D&J EMSINEERING VO15220'45201-- 7439 98D8SPECL5 BL03 & SFTY SVC5 1,V61.64 V�15220-45201- 7439 SFTY SVCS'6/L8'30 TOTAL PREPAlD� .00 TOTAL VOUCHERS 12,874.30 TDTAL OUE VENDOn 12,874.30 DA| & N�T� COF� CENTE� O31 230�0-- 12�� COpIES'SUNCAL'FP� Y6-049 431,92 ��15�51-42�10- 733/ |24� SC�O0L E�FETY TRFC STUDY l78.17 TOTAL 7— D TCT! T0AL DUE ��kDOR 610.09 CARC� DENNIS V01�210-Ai flO0- 6087 DC98V1 Ml��TES'D»L CDE lNFOR* 160.O0 T0TAL PREPAIDS .VO TOTA� VOUCMERS 160.O0 TOTAL DUE VEOF DlAMOND BAR 2I-1-SINE3S ASS3CIATES �19 0�14090-42210- 7599 AD�'� CAn'SUITES �VV,1YO 477.02 TOT�L PREPAIDS .00 TOT�L VOUC��RS 477.02 TOTAL DUE VENDOR 477.O2 Clr) O" RUN DATE'. 07/29/",-fi-f 19-23:33 VOUCHER R:3lS�E� �UE THR: 0�/O4/1998 PREPAIC FUNO/SECT ACCT-PROJECT-ACCT PO # INV0I7E D��RIP7iDN AMOUNT UATE: CHEC� DIAMON- B IMPRO`lPEMT A5SOCIATIOn V01�09�-42115- 7670 2065 COr� ln PRr A[`JUL� 4�O.00 ��A� PREPA�DS .0C TOTA^ VOUCHERS 440.0O TOlAL �� VE�0K 44O.O� DlAMOND ��R INTERwATlONAL DEL� *)l4V90-42�5' 9o43 HT�'SUPPLS'CCNCL 7/7/98 25.56 TOTAL PREPAlDS ,00 TO7A� Y8UCHERS 25.56 TOTAL DUE VE�DOR 25.56 DIAHON3 �AR �IWAwlS VO1535O-45305- 75O9 MEL5-STAFF6/17.24C0NCRT S 145.06 T3TAL PR[PA�DS .V0 TOTAL VOUCHERS 145.VC TJTAL DUE VENDOR A. �IAMDND BAR PBTY C�8H VO1�40-��O- CCLK I� 6,00 0O14��'4233)- ��K Cr--INF-4/22-24 12.00 0O14010-42325- CITY �CL MTS �IPLS 2.00 V014O4O'4239O- CCLK-ELECTION SUPPLS 3.93 42 VOi5553-325'' W SUPPLS-�LD STE TSK FRC 1O .82 V014O95-42353- ANNV CELEB SUPPLS 6.�7 ;014O4212C- POSTAGE .55 0O14O9O-4120O- CEA OOVT SUPPL� 8.24 0O>5310-4231�- FUEL-PRKS & R[C 5.O0 TOTAL PREPA�DS ,00 TDTAL VUUCHEPS TOTA� DU� YENDOR 57.21 D}AMOND BAR KEDEVLOPHE%T 0O�-13150- AD"NCE-EXP1i0�TURCS'OIL 144,6�2.12 T�TAL PREFA]�S .O0 TOTA� VOUCHERS 144,632.12 777 14L`6-.12 DIAM�� BIA-;� SENIOR CJJ8 �I55215-44OO'�'- 75O� IN8'SENl3K CITIZ� �OUP 263.00 TUTAL PREP�ICS .0O TGTAL VOUCH;-:RE 263.O0 TOTAL DUE VE�DOR 263.00 DlAM:�D F�DTD 0O��095-42112-' 75�5 19681� PHOVICES 12.72 TOTAL PREPAlDS .O0 TOTAL VO;C�ERS 12.72 TOTAL DUE VENDOR 12.72 Dl�� CHO & AS�DC�ATES 1255215-44OO�' 64�1 TCTA� JUN:. PRC:: SYCS CD8C PREPAIDS TOTA� VDUCHERS .J8 65�.O0 TOTA^ DU� �ENDOR /.so on RUN DATE, 07/29/1�lclV0UC�ER !'=.',T C, JLE TH1!- _;7 �VND/��T'ACCT'PROJECT'ACC FD # l��}CE I�SC�lcTI�� QlY��IFIBD PARATR��IT lNC 1125553'�529-- 597C �l�L-RI[� ���-6/�6'30 1125362'45310— TOTA� P��4ID� T�ALV�C�� Tr-17AL DUE YE�0L� LCl�A V01'3478O— 26187 RECRE��l�. R���� TDrAL PF�P��3S TOT�a YO�[HEp� r�TE YEMD3­ FEDER�L EXFRESS 0t�'23010— 00l4O9�'42l2o^- 4554�9331 EXPRESS MAl�'GEN GOVT O01'23010— 458244C97 �XP��G M�IL-FPL Y2'1 �0}4O9U-42123 �58244O�7 EXPRESS nAIL'GEN GOYT 1255215-4212�- 45D244�97 E%PREcK, lllAIL-CDBG �V:-23O1O-' 45546933� EXPRESS MAl^-FPL Y8'15 TOTAL PRE���CS TOTAL YOUCHERS TOToL DU[ VEN�O� FB�RAL RESERVE B�� OF MI��APDLl5 PP14/15-SAVGSBDN� DEDCTN TOT�L PREPAlDS TOTAL YUUCHER� TCTAL DXE VENDOR FESS PAR��'S DOUBLETRF� RESDRT V0�4050-42330-' TOTAL pREPAI�S TOT�L VOUCHER[ �OOTxILL TRANSIT IO8[ 1�2�553-45535- 7588 8�0 JUL\-TRAuS S�S5'�ARES ��25�53-45533-- 75S� 86V�' JULY-rRANS SUBSDY PRGRM TOTPR-p4lD5 TOTAL VOUC�ERS TO�*� DUE VENDUR GF5 FRIEGRICH � ASSOClATES TNC 0015551-45223-' 7375 98V7-14 JUNE -PLAN CHECK SBRVlCES OO15510-4�27'- 7452 98O7'�5 E�� l��ECTN SVCS -JUNE 2505510'46411-01498'46411 7013 Y8V7'O9 SILURRY SEAL AREA 1 -JUNE TOTAL PREPAID; TDTAL VOUCHERS T] - AL DUE VENDOR 9.197.7� I�.Ac% 9,G1B.76 9,81O.7c �.� �.� �.� 173.5O 128.0 17.257 �.� .� 4�.� 50.00 .00 ?�.� ��.Cr, 5,140.67 41, C.540.41 6540.47 U2.50 56.25 3,522.O0 .0O 3,7V� 3,690.75 PREP ID I—A CONFERENCE P- CTRATI[N 0}i4O30 42338 lCIMIA CONF REM.;T -10/23�� RUN DCE: O71"25/19"8 7MAL PREPAlDS 1 OUC�4E9 RE�lSTE� TCTA VO!�� DU[ THRU' 09/o4/�98 F�0/��T'ACCT-PROJECT-��T PO # I��ICE DES RI�TI�K H&L CHARTER ICMA H0USIN� BUHEAU 00�535V-4531O'- 7190 06980071 c� EXCb�S-GETTY MU5'�/1O 1125360-4531�'' 7190 ��80O7� TRNS" ��TTY MUS�� 6/10 PREPAlDS TOTAL DRE PAIDS VOUCHERS TOTAL VOUCHERS DUE VENDOR TOT�� DUE YE@DOs HALL & FOREM�- Vo�'21�O8' 00L 23012-' O�1-211O8 36905 JU:� �V�5'E/` 9�-193 u�1�5Lv'4522r-' 709� 367^� RErAlN m�LL �NSP SVCS'1AY O0i'230�2' TOTAL 3o9C� JUNE SVC5'E� 97 19O 0Oi 233�2'' TOT�- 36�22 ��OF SV�S MAR'EN Y7-193 OV1'23O12' TOTAL 36432 APK SVCE-Em p7-193 6562 3671O ENGR PLAN C�ECK SVCS -MAY 0015551'45223' 7331 3f��� PLAN CHSRV7S-JU417 25052L5'4642O 13798-4642O 7V71 ��721 MA� DESGN SVC5-��LKIMPRV 0V�55zV-45227-' 7277 3o712 PLAN CHECK SRVCS-MA\ 25�52l5'4�4�O'O67?8'4642O 7O71 3672� MA`'CIP HN3ICAP ��PS TOTAL PREPAID� TOTAL VOUCHERS TOTA. DUE VEND0R VV�5310-4l20S-- 4110957 Ml3C PAFk SUPPLIES VoL4�?� 4120O' 4\�0957 MlSC -7t,SUPPLIES TDTA lDE �CTAL YOUC�ERS TOTA. DUE VENDUK J. M[CH4EL HULS 00�-347�o' 272�8 REC�EATION REpUN5 T0ALPP-7AlDS TOTAL VOUCHDS T2�AL DUE VEIN0OR I—A CONFERENCE P- CTRATI[N 0}i4O30 42338 lCIMIA CONF REM.;T -10/23�� 7MAL PREPAlDS TCTA VO!�� 0T�QUE VENDOR ICMA H0USIN� BUHEAU VO14O30'42330— lCMA CONF ACCOM-10/23-28 TOTAL PREPAlDS TOTAL VOUCHERS TOTAL DUE VENDOR �CMA RE7IREMENT TRUST-�7 Vo�'21�O8' AUG'CONTRI�-ALL DEPTS O�1-211O8 AUG -PAYROLL DEDUTIDNS CO�T-,I8 TOTAL PREPAIDS TOT�- VJUCF�R� TOTAL CUE VENDOR 417.00 1�,8S z12'5- 8�.� ... ,00 119.13 119.13 R4, On 84 00, 563.O008104/199P 563.� 5 6�.O0 165.00 08,104/199S Z017 165.0O .00 12`0�.82 7�.� 1. Z RUN � DAT�O E� O7/29/�19�23�33 VUUCHER �DI PAGE� 7 D.ET��� PREPAlD F-0/SECT'ACCT-PROJECT-ACC PD � INVOICE DBCRlcTION AMOUNT D�� CHEC lCMA RETlRE!"!ENT-401 0V1 211V8'' PP�4/15'DEF COMF C8WTRIB 1.34�.3O TOTAL nR[PAl3� .00 TOT�L VOUCH�RS 1.342.3� TQTAL DU[ VE%D0R \,342.30 lhAY, THEATER 00�535V-4531� - 7555 172EXCURE'7/1/9S 11c.�0 T�TA� �RFPAlDS .0C TAL VOUCHERE 116.O0 T�TA� DUE VEND�R �}6.00 INLAND EMPIRE STA3ES V01535�'453O5- 727� 07O198 TPA' 74I.0� TTAL PREPAlDS .0V TOTAL VOUCHERS 742.O0 TOTAL DU� VENDOR 742.h0 1NLAN0 VALLEY DAlLY 8ULLETIN V014V4V-�2115'- 7578 38505278 ADI �� ORD NO. 3 67,38 TOTAL PREPAIDS or, TOTAL VOUCHERS 67.38 TOTAL DUE VENDOR 67.38 JACK ISTIK VA�5553'44100-- T COMM MTG 7/9/98 40.0O TOTAL PREPAIDS .0O TOTAL VOUCH E RS 40.O0 TOTA DUE VENDOR 4' Of JEA$[.TE KlRSO+NE9 0V1-34780-- 27037 RECREATION �EFUND 41.00 �_TAL PREPAlDS .00 TOT VOUCHERS 41,00 TJTA^ DUE VENDOR 41.00 0b�52!o-441O0'- PLN� COP- MTGS'6/9.23 120.0� T0AL PREPAIDS .O0 TOTA� VG�C7EB� 120.Ot TOTAL DUE VENDGR 120.00 LA COUmT' REG7S7RAR'�ECOR2ER OO1�V9V'41lV0'' SVCS FEE-[LECT� MATERlALS 3.00 TOTAL PnEPA[DS .00 TOTA^ VO6CHERS 3.O0 TO TAL DUE VENDOR 3.00 LEA0�E O� CA CITlE3 CO14�3V-42325- CON� �O/2'4-HARKGN/FRTIL 598.00 TOT VOUCHRS 59O.0C T[�AL DUE VENDOR 59O.00 C�rY OF �IAM3�z�, RUN" DATE: 0/29/19KI 1Y:233i��� n�_lBB V'-.7 71, PR[pAlD F�0/SECT'ACCT-PPOJECT'A AMOUNT ��E CHECK C�PTNEY LEE VV�'34780-- 26554 R[CREATIO� ���UND 35,00 TOTAL PHEPAlDS TCTKL Vol IF- HER� TOTAL DUF YENDOF 35.O0 JOYCE LEE 0O1-34780— 25V8� RECr IDm REFUN� 80.O0 TUTAL PREPA7DS TOT� VOUCHEFS 80.00 TOTAL DUE Y[N3OR 8O.V0 JOYCE LEOuARD-CDL9Y 001��3-44100'- T&T COM� MTC'7/Y/98 40.00 TOTAL PREPAID5 .00 TOTA� Y0UCHEP� 40.00 Dil-- L[�IS LAW 9UBLISH1N 0O14O9O-4232»' 763�A 092Y7� CA LAGC�/EMPLOYMNT'�0L 62.23 TOrAL FREPAIDS .0O TO TGTA� JC� VEk�UR 62,23 62.23 SCOTT LI� O0�5��-4410O' 7`T CDMM M7�'7/9/98 40.O0 TTAL TO�A� PREPAI3S VOU�HERS .O0 4O.0� TOTAL DUE VENDOR 4O.00 LC� A%GELES CD�u7r �rA 112555�'���35-� 758Y 798o995 JUL''TR5SDi FARE- 0 1�25�� 4��3S- 7589 793�VY5 ��Y TRSNT S�2SDY P�SRM 451.f0 TIT�� TC�AL TDT�' �OUCHE�S DE VE��3D� 1,337.OV 1.337.06 LG� A�2ELES CCS%T� 7 —7LIC 0Ol5510-4550 — 608 151�2 MA�'R8�TIWE r�lNT 612.47 25J551[-�412'iO598'4641� 768O 145O� �pr SI�� CO�T� G5/C�LE �8.i9 25�55�+�412'1�7Y8'�4l2 7�� 145�� r�c� SIG [DKTLR DB/��h�D ��.i9 25O55 0-4�4iZ-��598'464l2 70O0 1525 ��� 8l�� CNTLR-GS/O�B 10�.15 0TH. L TO�4' VOUC�ERE 2,721.1� TGTAL DUE VE�0R 2.72�.i6 RUN DATE' 0,7j29/1998 19:23;33 VOUC�ER PAG[� 9 DUEE THRU: 0z-�/�/D30 PF,-- TD FUND/�LwT'ACCT-PROJECT-ACCT PO # 14 No 10 AHOUN LOS- ANIS-ZLBCOLNTYSHERIFF'SDEFT O0�4411'454O4— ��9F J��'�;`[ ��F�'CALVCHAPL �,951.99 0O|441�-4��1— 6539O JS -CO! i zt�ViCES 2Y6.949.21 VV1441\'4543i— 949�� 10,�\ L. vIC r- D 00�4411 454O1 mJ1441�'��0�— VOi44�1'��O�— 9520 MA�-TRc C�TR�-CA�VCHAPL� �— 94�i H�-TPF �O1441�'*54O4— 94572 App-�RFC CN���-CALVr�APL� �.l3C.86 �OT4^ PRE�C� .0S T3TAL V..qUrHESS 6�6,153.9n TOr�� Djj- YEN�DR �� PRINTING o�14O30-4120C- 768» PRTG SVCS-2N�' SHEET 42.22 TOTAL PREPAIDS .0O TOT&i V0,CHE�-- 42.22 �OTAL DUE VEND8R 42.22 MAINTEX O0�53l4-4120O- 7525 331Y997 MAINT SUPPLS-HRTG PARK 35.39 T3TAL PREP�IDS .00 TOTA^ VOUCHER5 35.39 TGTAL DUE V[K�OR 35.39 JQE MCMAN�S 001521O'44�0O' PLN� COMM MT6S'�/9,23 120,0V TOTAL PREPAlD5 ,00 TOTAL VDUCHERS 120.OV . TJTAL �UE VEN��� L2O.00 METROLI�( �l��53-45533 - 759O METRO�lwK ��S[S ��Y 45535 75YV M�TRULlNK F4RE5'1;LY p8 21,63�.0O TQTAL PF�PAIOS .8C T�TAL VOUCHERS TCTuL DUE VENDDn 27`0�6.V0 27.066.V� 00�-34780 - 26O�2 RECR�JIGN REFUND 150.CN TOTAL -EPA-DS .0V TOTAL VOU��RS 15O.0O TDUrt: VENDOK 15O.VV ��S CONSTRUCTION 25o5313'46415-11798'46415 5771 FlNAL ADA'RETROFIT-PAIN TERA 21,2J3.52 TOTAL PREPAIDS .00, TOTAL VOUCHERS 21.233.52 TOTAL DUE VENDOR 21,233.52 P�EL& MOHiN9RA 001-3478�-- 2561� RECREATIDm REFUND 5O.O0 PR[PAID� .00 TOTA- VOUNrRS 5O.00 TOT�� 3U� xE��O� 5O.O0 RUN DPT : 23-J3 F16ND/S E C.l'ACCT-PRDJECT'ACC ROLAND MORRlS 0015553-44100— �. �0YU�TB�/ STEVEN G. NELSON DEBORAH �'CONNOR 00�4O\O'42325- 0014O1O'4238 — VOUCHER ��lSTEp PAG - 10 DUIE THR'` PREP,-�lD P� # INVOICE DE -SC RlPTlON AMOUNT T&T COMh ���-�/9/98 TOTAL PREpAlDS 4O.0C TOTA- VO�C�[RS .00 40.00 DUE VENDOR 4h.00 26524 FAT 71 RE[UND TDTAL PREFAI�� TOT�� VO���ER5 .:o 30.0� T0TAL �� V[KDOR 30.0o PPl4/15-PAY8OLL UEDU��S 93.6O TOTAL PREPAlDS .00 TOTAL VOUCHER� Y3.00 TOTAL DUE VENGOR 93.0t PLNG COMM MTGS'6/9,23 �2V.V0 TOTAL PR[PAIDS .VO TC --L V0JHERS �2O.VV TJTAL DU� VENOOR \2V.VO REIMB CHMBR wlXER-�/18 3.VV RElMB'SAC/S8 2O1O HRG6/29 9.26 RBMB'SJSTR CTT -6/2! 32.5V MlLEAGE-CLOUT-6/25 13.O0 TOTAL PR[PAIDS .VO TOTAL VOUCHERS 59.76 TOT�L DUE VENDUR 59.76 TY RUN DATE: 07/29/1998 19:23:33 VOUCHER REZI5TE PAGE` 11 4111 r F�0/SEC7'ACCT'PROJMKCT-ACCT OFPlrp BCP07 O0��03o- 12�O - C%�551O-�12VV- 0VL535V'�12C�- 00\��V-412OO- 0VL4V9o-4�20O— OO1409V-4120O— *)14o4O'4l2O0— OO14��V-412O0— Vt15350'4\2O0— �0140V'412,,�N- 001521O'41200— V01551�-412OO— VV14��'41200— VV14O30-4l200— VO1551V-4120O- 001u090-412V0— OO14O5O-41200- 0O14O5O-4120V'' OO�409O-412O(*-' ORLANDO WORLD CENTER HARK1077 F."i- INTERNATIONAL *}1'LO20S- 0O�-10200 PERS-MEMDER SERVI�� DlVISION lNV07H DCRIc7lON OPEN ��PLIB'CCLK-046 86868 �Y;8-OPEN ��PLlES'C�GR-�447O2472 5998 -OPEN SUPPLIES ENG�'04��8710� 5998 -OPEN S�PPLlES'EnER-046187106 599S'OPEK SUPPLIEG-05'04618724� 5993-OP�N CR MEi�O-025�57957 5998'O�EN CR MEMO-34624979� 59�8'OPE: SUPPLS-G�n GVT'04618691� 599�'OPEN SIF- PPUPPLT 1 Pj T 5998'OpEN SUPPLS-CS'V4720697� 5998 -OPEN SUPPLIES-C��-0461O6826 5998'8P[N CR MEMO -048394992 5998 -OPEN PLIES-EO� 59Y8'OPEN SUPPLS-CMGR 044782472 59Y8-UPEN CR MEMO-04483Q1l 59Y8 -OPEN ZIP _MQ.. 5998-0PEN SUM LIES-ENGR-04625V514 59v8'OPEN SUPpS-GEN GOVT-V46187V79 5998 -OPEN SU- PPLS-FlN-02394421O 5»9D'OPEn S11PPLS-FIN'O47VY6668 5vr8-OPEN SUPPLS-OFN GVT 047V9&724 5v93'UPEN SUPPI-£-PLN3-V475VY693 TOTAL P�BPAIDS lCMA CMGR �ML�B�I� It 0 TAL vol-CriERS T�JAL DUE OR PP �n'�N.SFEF; PA|�� ��[p'��� �,8�.� V8/�/1�� 15 �CTAL PREFAIDS 59,8OO.�� TOTAL VO�CHER5 .00 TOTHL L:Ut VENDOR 59`�W.VV ����� ADMIlwCHIRGE�.i) ill AlLS TCTAL VOUCHE9S 20V.Cm CIr� OF �lAM3�' RUN DATE t)7���� VDUC�it-_R RIES IS TB '11jE THRU` 08/4/1�� PEPAID FUND/SECT-ACCT-PROJECT'��T PO � INV OUNT DATE ECK PDMONA JUOICIAL GlSTRICT V8�'3223V'- MA,'PARKlNG CITATIONS 475.0f, 001'3223*- JUNE -PARKING CITATlUNS 29�.V0 TOTAL PREPAlDS .VC TOTAL VOUCHER� 765.0O TOTAL DUE VENDOR 765.0O PROJECT SISTER �255215-42355- 6V66 SNR -ASSAULT 278.0O TCTAL PREPAlDS .O0 VOU 278,00 TOTAL DUE VFK0OR 278.O0 Q-ZAR LAZER TAG VV�335O-4531O DAY CAM;EXCURS-7/,6 180.00 O8/04/\998 3692V TOTAL PAEPAIDS 1OO,00 TOTVOUCHER5 .00 TOTAL DUE YENDOR 180.0O R � D BLUEPRINT 0V1551O-4211O- 6003 39367 DLL[PR�WTS-PVMENT MGMNT 9.90 11555|5'42110- 7597 39411 SLDWST��RC-REPRT CUPIES 289.80 TOT�L PREPAlD5 .0O TOTAL VOUC�ERS 299.70 TOTA� DUE VENDOR 2 .70 R��HS GROCERY C3MPA�Y 0O15350-412O�' 75�6 95232-33 MIC C RECREATIUN SUPPLS 120 , 4Z TOTAL PREPAITIC .V0 TOT4L VOUCH�RS 120.42 TOTAL DU_" VENDOR 12O.42 OC14��-4400O— 7431 4942�I TEMP SVCS'�IN W/E 6/19/96 57.O2 001���-���0— 7431 469759 TEMP SVCS'FIN W/E 0014tQ'44008-' 469759 LES 4 �E FREI -50.68 ��,AL pREPAIDS .00 TOT�� VOUCHERS 38�.44 77AL DUE VEND -JR 386.44 pEPR3'GRAPHICS PR�� 0S1439o'4211O^ 7499 9148 �� ��D MASTERS/IMPRlNS 945.5L TUTAL PREPAIDS .oV TOTAL VOU��R_� 945.5\ TOTAL DUE VENDOK 945.51 RlCuARDS. WAT�ON & UERSHGN 1�55'4400b- 98991/PO640G LEG4L SVCS-SL� W5TE-MA\ 273.O0 N)14020-44821-- 9O99�/PO64O8 SPEC LEGAL SVCS -IPS -MAY 3.28O.75 00�4�20'44O�V'' 9G�91/P36�36 GEN LE6r`L SVCS -MA' 4,D75.42 0U14�20-4�C2� 989��/PO6408 SPEC t,0144, SVCS'LLAQ'MAX 367,5V �0�4020'44O21'' 98991/pO64C� SP LEGAL SVC�'COURCHESN� 7,555.58 TOTAL P8EPAI3S .00 TDTA�V0_.2CHERE TOTAL DUE VEND�R i6.352.25 CIr� OF 3lpMON� pL; RUN rLfAT,cl. VOUCHER REGJEETB PAGE! 13 DUE THR.Ur O8/O476 PPP--' Tr F��/SECT ACCT-PROJECT-ACCT PO # INVCICE �TD�r»T=T��N AM��r D�TE CHECK JOSEF� RUZICKA 0315210'44102 ' PLNG COMM MTG� 6/�.2� 12O.V0 TDTAL PFISFA IDS .00 TOTA� VOUCHER� 12O.O� 71TAL �117 U'-CN-if-i-- ENDORA. H. ��L ��Ai� TOT�. VOU��ERS TOTA� D1E VEWDOR .SO 5O,0� 5AN 6ABRIEL VA�£Y TRIB3NE V��4V4V-42115- 75�� 14846 PU5 HRG'OR� KQ. 3 105.1� 71rA� �R[PAlDS .V� TOT�� VOUCHES� 105.12 T�T�L DUE VC-1— �11,170,0O A. I! v v...08/04/}YY8 3�927 TUTAL PREPAIOS 1,l70.00 TOT�� YOU UCHERS VEN�OR 5G; COMMERCE & CITI�S C3NSORTIUM 0O14010'42325- WKRSHOP-7/31'ANSARl TCTAL 12.�0 08/O4/1998 36925 PREPAIDS TDT& VOUC�ER� 12.50 .00 TOTA� DU� VENDOR 12.5O 25C5510-46412'12599'464�2 74.� 41Cli GNL-DB/MNTFNO/Q��r 329.O0 TO�AL pREP4lI� ,80 TOTAL VO�C�[R� 329.00 -OTA.'- DUE VENDOR 329.00 �C C��IrO�NIA �lNDER7 � MAILING 0014095-42121 6275 22006 SUMB NWLTK-�A-� SERVICES 173.45 TOTAL PREPAlDS .VV TOTAL VOU��R� 173.45 �OTA� DUE V0OR i73.45 STATE COMPENSATlOW lNSURANCE FUND 5L04OG\20V \138�m'97 WCA/WCFS S��HRGE 33.08 C0 APR/JU N WKRSCOMP PRE!,-9428 540.-62 V8/O4/1Y98 36928 0O1-2�11�— AP8/JUNWKRSCOMP PREEN-9410 1.6327 V8/O4/1998 36928 001-2111�-' APR/JU��RSCOMP PREM-8O\O 1.9Y1.33 V8/04/1998 36928 TOTAL PREE-PHIDS 4,165.22 TOTA� �OUCHERS J3.O3 TOTAL DU[ VENDDR 4,1Y8.:� RUN [APTEED 07/25-1199E 19:223:32 FUND 'ACCT THE WHOLE ED ILADA 0015J53-45305— TI�C�P�S��L O01�2\0'4�V00— OO\521V-41U00- �E:�ON CO�PANY O0�4V9�4235�— Y�LLCY WATER DI�n�CT 42 26— r$1��11'42�26— �5316'42126— VOUCHEF i:TEF P�GE� l4 DUE 7H41U� PR�P�lD A MOU N L�� TOT�� YOUCHE�� 67.32 TOT�� DUE :ENDOR ��- EXrE��-��AL6VTINS� .O5.0O 08/O4/��� 3�926 TOTA� PREPA�DS TOTAL VOUCHERS .0O �OTAL DUE VEuDGR 85.V0 755� :lv; TEHP SVCS'PLN� W/E 7/12 147.95 7288 3255 TE�� 3VCS-PLW�-W/E6/28/9S 258.24 7295 327� TEMP SVCS'PiNG'�/E7/5/96 22�.3C TOTAL PREPATDS TOTAL VOUC�ERE 626.77 TOTAL DUE VENDOR 626.77 PL2 TG 6�23 6O.VO TOTA� PREPAID� .0O TOTA� VOUCHE�� 6O.00 VEND8R 6O.0O 73D2 460627J3 COM$r� P9M PEN5��NCILS 254.59 T0TAL PREpAlDS .0V T'7A— VDUCHEF'S 254.5Y TOTAL DUE VENDOR 254.5Y �ATER SR��-�BlT�� 0�.14 ��TER SRYCS'P POW 1,5B7.33 WATEP SEe;ICE'L�AD 39 161.73 ��TER SERVICES'LLAC 38 2,Y68.72 WAT[R SRVCS-MAPLE HILL �OTAL �REPHUT DS 2,087.44 .0V TOTA� VO�CHER5 T[�AL DUE VBv�3R D.503.3u 8`50S.36 7455 826857677 EQUI� REN- SlWK'C�NINPRK 6V�.VO T[TAL PREPAlDS TOTAL VOUCHERC .O0 6VV.OV TOTuL DtiE VENOOR 6�V.�V lLi- 66822.47 ��ORT "TA! VOUCHERS Y96,��.79 �� DATE, 07/2Y/��� 19�23�33 VUUC-[R R�I��� PAGE� i5 T*RU� PREpAIC FUND/�IT^ACC -PROJECT-ACCT PO # I��lCE ��E�T�]� �IAUNT MO WELLS FAR8O ��K V0l401O-42330-' LE�� CO�= A[pFARE-�/12 2Bt.O0 O014O30'4231V-' L'CnG� 22.38 0014010-42325— MTG/CHM�9 9RKFSr'6/1� 31,15 0�14O30'42325' OO14010-42325-' MTG CONNOP 0O14010-4��5' �TG5-STA��/MPT'HERRERA -77 7. O014010-42330'' LEAG CO/�F A[RFARE-6/12 28�.00 0014C\;-42333'' �EA��NF �/2�-3C-O'C8wN0R 423.59 00L403O-42335- TRAE«PRES� �AmES-CMG� 35.35 0O�4O30'��3O- �AG CONF-���2'CMGC 286.00 TOTAL PREPAIDS .O0 TOTAL YOUCHERS 45 TGTAL DUE VENILOR 1,638.45 �EST COF6� �ORPnRATION 0015558-45509'' 7089 13962 TREE PLANTG SVCS -JUNE 2,125.00 0O15558-��09' 708Y 13963 JUNE -CITY WIDE T�� MAlNT 880.0O TOTAL PREPAIDG ,OO TOTAL VOUCHERS 3,0�5.O0 TOTA� DUE VENDOR 3,0O5,O0 THE �ORK STAT�ON LL� O01-230�0- COplES'FPL 96-49 140.67 TOTAL PREPAI�S .00 TOTA� VOUCHBRS 14O,6� TDTAL DLE VE%33� 14O.67 PA�� WRI2HT 0')l�0;�'44V��— 7584 AUDI�/VlS SYC�^7/14,21,22 5�7.5� 0�1����-+40m>— 7438 �0IO/VISL SVCS'JUNE 2� 1O5,OO V8/V4/�99O 3024 4F- 0-O LF TOTAL VD;CHERE raE VENDOR 507.50 1.015.00 YOSE��T� WATER� �015314-4120O'' 614 WPTERS�PPLS-HRTG COn CTR 123.38 TDTALPR[PAID5 .V0 TOTAL VGU��RS L23.38 TOTAL D�E VENDO� 123.38 lLi- 66822.47 ��ORT "TA! VOUCHERS Y96,��.79 CITY OF BIAMC 12 BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: August 4, 1998 REPORT DATE: July 30, 1998 FROM: Joann M. Gitmed, Senior Accountant TITLE: Treasurer's Report - June 30, 1998 SUMMARY: Submitted for the City Council's review and approval is the Treasurer's Statement for the month of June 30, 1998. RECOMMENDATION: Review and approve. LIST OF ATTACHMENTS: X Staff Report Resolution(s) _ Ordinance(s) _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ Public Hearing Notification _ Bid Specification (on file in City Clerk's office) Other: 1. Has the resolution, ordinance or agreement been reviewed _ Yes _ No by the City Attorney? 2. Does the report require a majority vote? _ Yes —No 3. Has environmental impact been assessed? N/A _ Yes _ No 4. Has the report been reviewed by a Commission? NIA _ Yes _ No Which Commission? 5. Are other departments affected by the report? NIA • _ Yes —No Report discussed with the following affected departments: REVIEWED BY: Terrence L. Belanger Linda G. Magnuson) CCa� City Manager Assistant Finance Director DEPARTMENT HEAD: CITY COUNCIL REPORT MEETING DATE: August 4, 1998 AGENDA NO. TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Treasurer's Statement - June 30, 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 June, 1998 Treasurer's Statement. FINANCIAL SUMMARY: No fiscal impact. BACKGROUND: Submitted for the Council's review and approval is the Treasurer's Statement for the month of June, 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 June 30, 1998. PREPARED BY: Joann M. Gitmed TREASURER'S MONTHLY CASH STATEMENT June 30, 1998 GENERAL FUND $13,300,046.59 $926,908.84 $1,100,494.79 $13,126,460.64 LIBRARY SERVICES FUND 109,348.06 496.03 108,852.03. COMMUNITY ORG SUPPORT FD (1,125.03) 0.00 (1,125.03) GAS TAX FUND 2,861,712.07 230,223.26 3,091,935.33 TRANSIT TX(PROPA) FD 1,705,956.62 71,965.20 62,476.32 1,715,445.50 TRANSIT TX (PROP C) FD 2,136,901.71 44,035.00 2,180,936.71 ISTEA FUND 10,280.43 10,280.43 INTEGRATED WASTE MGT FD 178,738.35 3,652.90 175,085.45 AIR QUALITY IMPRVMNT FD 120,307.35 16,150.01 2,549.48 133,907.88 TRAILS & BIKEWAYS FD (SB 821) 28,838.65 28,838.65 PARK FEES FUND 448,685.91 448,685.91 S PARKS GRANT (PRP A) FD (455,097.32) (455,097.32) FACILITIES & PARK DEVEL. FD 1,337,215.32 1,337,215.32 COM DEV BLOCK GRANT FD 51,513.96 9,851.81 41,662.15 CITIZENS OPT -PUBLIC SAFETY FD 267,394.30 2,142.40 265,251.90 NARCOTICS ASSET SEIZURE FD 314,918.61 314,918.61 LANDSCAPE DIST #38 FD 455,400.71 14,793.48 440,607.23 LANDSCAPE DIST #39 FD 149,162.77 19.27 12,616.39 136,565.65 LANDSCAPE DIST #41 FD 297,848.70 7,549.31 290,299.39 GRAND AV CONST FUND 139,130.78 139,130.78 CAP IMPROVEMENT PRJ FD (335,803.97) 675.00 209,594.52 (544,723.49) SELF INSURANCE FUND 747,577.41 38,041.00 785,618.41 TOTALS OF CASH: $23,868,951.98 $1,328,017.58 $1.426.217.43 $0.00 $23,770,752.13 SUMMARY DEMAND DEPOSITS: GENERAL ACCOUNT $57,696.86 PAYROLL ACCOUNT (19,718.85) CHANGE FUND 200.00 PETTY CASH ACCOUNT 500.00 TOTAL DEMAND DEPOSITS $38,678.01 INVESTMENTS: US TREASURY Money Market Acct. $3,732,074.12 TIME CERTIFICATES 0.00 COMMERCIAL PAPER 0.00 LOCAL AGENCY INVESTMENT FD 20,000,000.00 TOTAL INVESTMENTS $23,732,074.12 TOTAL CASH $23,770,752.13 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 attemative 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 June 1998 5.667% Money Market -Effective Yield for April 1998 4.730% Money Market -Effective Yield for May 1998 4.943% CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT June 30, 1998 INVESTMENT: DEFERRED COMPENSATION ACCOUNT (AS OF 6/30/98) ICMA Retirement Comoration - 457 Plan: AGGRESSIVE OPPORTUNITY FUND 5,912.69 INTERNATIONAL FUND 9,493.73 OVERSEAS EQUITY INDEX FUND 6,559.56 GROWTH STOCK FUND 111,053.49 MID/SMALL CO. INDEX 6,301.08 BROAD MARKET FUND 8,880.67 500 STOCK INDEX FUND 6,638.82 EQUITY INCOME FUND 13,318.72 ASSET ALLOCATION FUND 49,970.63 SOCIAL RESPONSIBILITY FUND 0.00 CORE BOND FUND 15,573.18 US TREASURY FUND 12,074.95 CASH MANAGEMENT FUND 3,370.14 PLUS FUND 369,322.67 GUARANTEED FUND 0.00 CONSERVATIVE GROWTH 2,640.39 TRADITIONAL GROWTH 52,836.74 LONG TERM GROWTH 11,134.82 MS MOMTM GROWTH 6,929.68 MS CAPITAL APPRECIATION 14,683.84 MS GROWTH 4,403.22 MS CONTR GROWTH 3,717.57 MS GROWTH & INCOME 18,320.85 MS SP SITUATION 10,061.27 TOTAL OF DEPOSITS 743,198.71 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 $24,513,950.84 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. 1 Terrence L. Belanger, Treasurer Fair Value Including Accrued Interest $ 32,107,563,737.81 Repurchase Agreements, Time Deposits, AB 55 & General Fund loans, and Reverse Repurchase agreements are carried at portfolio book value (carrying cost). The value of each participating dollar equals the fair value divided by the amortized cost (1.000383055). As an example: if an agency has an account balance of $20,000,000.00, then the agency would report its participation in the LAW valued at $20,007,661.10, or $20,000,000.00 x 1.000383055. State of California Pooled Money Investment Account Market Valuation 6/30/98 y::......}j� Qili•;::Y::".n,,�•+2:: �:,::;9. h`.:.. �tEt1::Riilltl:•«'t^ #;':i;��£:`Y: .'::.::n ::......:.......k Kk:Yb. k:f �' •.n .ff :n..• :: •:.... ..... r" :r .w.,, .::.: ,#,: iii:`i:`:::k:i#:.:'y: v .....n:.;�n4.fu:..:.v:" }�'Oi°.„�,'`•`�` x, : .v � a::,µdj�fFf� ,..:,,, •�.;: ...iii.........::...:.:... x�£k'�4%LtWSiI�I�FiFS'.,�';�'3'.: � 'b�iii�;F�(���5�;: United States Treasury: Bills $ 2,718,452,394.88 $ 2,772,839,358.99 $ 2,774,036,860.00 NA Notes $ 5,617,925,693.11 $ 5,611,215,275.65 $ 5,619,382,200.00 $ 71,157,557.78 Federal Agency: Bonds $ 1,635,102,703.52 $ 1,634,862,025.66 $ 1,635,160,723.35 $ 27,859,512.20 Floaters $ 170,000,000.00 $ 170,000,000.00 $ 169,910,400.00 $ 1,284,069.40 MBS $ 127,080,948.95 $ 127,080,948.95 $ 127,925,146.97 $ 74B,631.94 GNMA $ 2,301,732.52 $ 2,301,732.52 $ 2,625,536.00 $ 22,743.99 SBA $ 236,728,529.53 $ 236,643,762.07 $ 238,275,333.90 $ 2,362,434.92 FHLMC PC $ 22,483,531.74 $ 22,483,531.74 $ 24,038,836.16 $ 361,117.16 Discount Notes $ 519,566,096.12 $ 522,530,474.63 $ 522,114,450.00 NA Bankers Acceptances $ 20,758,063.33 $ 20,841,535.61 $ 20,844,646.17 NA Corporate: Bonds $ 1,001,231,468.03 $ 1,000,471,876.43 $ 1,000,306,475.78 $ 16,474,442.82 Floaters $ 722,661,949.38 $ 722,605,494.83 $ 722,752,075.50 $ 3,624,915.13 CDs $ 4,767,683,438.61 $ 4,762,147,667.93 $ 4,761,260,156.14 $ 41,562,598.35 Bank Notes $ 1,270,976,190.00 $ 1,270,976,190.00 $ 1,270,738,665.89 $ 9,877,744.46 Repurchase Agreements NA NA NA NA Time Deposits $ 1,544,890,000.00 $ 1,544,890,000.00 $ 1,544,890,000.00 NA AB 55 & GF Loans $ 2,051,393,401.29 $ 2,051,393,401.29 $ 2,051,393,401.29 NA Commercial Paper $ 9,387,431,190.24 $ 9,446,717,564.45 $ 9,446,571,062.51 NA Reverse Repurchase NA NA NA NA TOTAL $ 31,816,667,331.25 $ 31,920.00 840.75 1 $ 31,932,227,969.66 $ 175,335,768.15 Fair Value Including Accrued Interest $ 32,107,563,737.81 Repurchase Agreements, Time Deposits, AB 55 & General Fund loans, and Reverse Repurchase agreements are carried at portfolio book value (carrying cost). The value of each participating dollar equals the fair value divided by the amortized cost (1.000383055). As an example: if an agency has an account balance of $20,000,000.00, then the agency would report its participation in the LAW valued at $20,007,661.10, or $20,000,000.00 x 1.000383055. POOLED MONEY INVESTMENT ACCOUNT SUMMARY OF INVESTMENT DATA A COMPARISON OF JUNE 1998 WITH JUNE 1997 (Dollars in Thousands) Average Daily Portfolio Accrued Earnings Effective Yield Average Life—Month End (in days) Total Secunty Transactions . Amount Number Total Time Deposit Transactions Amount Number Average Workday Investment Activity Prescribed Demand Account Balances For Services For Uncollected Funds JUNE 1998 JUNE 1997 $33,843.340 $157,742 5.671 212 $26,644,272 591 $542,380 56 $1,235,757 $168,322 $177,571 $30,295.908 $141,109 5.667 232 $21,569,932 489 $186,100 32 $1,036,001 $140,675 $175,698 LOCAL AGENCY INVESTMENT FUND* SUMMARY OF ACTIVITY JUNE 1998 BEGINNING BALANCE DEPOSITS WITHDRAWALS $11,962,203,080.28 $1,073,043,000.00 $1,302,719,459.66 *Local Agency Investment Fund Invested Through Pooled Money Investment Account CHANGE + $3.547.432 +$16,633 +.004 -20 +$5,074,340 +102 +$356,280 +24 +$199,756 +$27,647 +$1,873 MONTH END BALANCE $11,732,526,620.62 CITY OF DIAMOND BAR NO. 6, S_ TO: Honorable Mayor and Members of the City Council MEETING DATE: August 4, 1998 REPORT DATE: July 28,1998 FROM: Terrence L. Belanger, City Manager TITLE: Extension of Consulting Services Agreement with J. Michael Huls, R.E.A., for Environmental Management Services SUMMARY: The City of Diamond Bar has retained the services of a consulting firm with experience in solid waste planning and integrated environmental managemerd program implementation. The City's agreement with this firm, J. Michael Huls, R.EA., will expim on August 15,1998. The existing contract allows the City to extend the contract Consequently, the Cly is prepared to extend the contract for another year. This extension will represent the third year of contract extension. RECOMMENDATION: It is recommended that the City Council (1) And that it is in the City's best interest to extend the existing contract and (2) approve and authorize the Mayor to extend the Consulting Services Agreement with J. Michael Huls, R.EA, in an amount noWD-exceed $43,276 for services relating to the administration of the City's solid waste permit system, the coordination of AB 939 and program activities, and the implementation of the NPDES permit requirements. LIST OF ATTACHMENTS: Staff Report _ Resolution _ Ordinances(s) L Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ Public Hearing Notification _ Bid Specifications .X Other J. NdmW Huls Proposal, dated Juy 14,1998 1. Has the resolution, ordinance or agreement been reviewed Yes _ No by the City Attorney? 2. Does the report require a majority or 415 vote? Majority 3. Has environmental intact been assessed? WA —Yes —No 4. Has the report been reviewed by a Commission? WA —Yes —No Which Commission? 5. Are other departments affected by the report? WA —Yes —No Report discussed with the following affected deoartm;nts: REVIEWED BY: memo Terrence L. BelarW Jims DeStefano David 6 Liu City Manager Deputy City Managir Deputy Director of Public Works C AW PW LINDAKAYV,GENA81h A*.804 CITY COUNCIL. REPORT Agenda No. MEETING: August 4, 1998 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Extension of Consulting Services Agreement with J. Michael Huls, R.E.A., for Environmental Management Services ISSUE STATEMENT: The City of Diamond Bar has retained the services of a consulting firm with experience in solid waste planning and integrated environmental management program implementation. The City's agreement with this firm, J. Michael Huls, R.E.A., will expire on August 15, 1998. Consequently, the City is prepared to extend the contract for one year. RECOND4ENDATION: It is recommended that the City Council (1) find that it is in the City's best interest to extend the existing contract and (2) approve and authorize the Mayor to extend the Consulting Services Agreement with J. Michael Huls, R.E.A., in an amount not -to -exceed $43,276 for services relating to the administration of the City's solid waste permit system, the coordination of AB 939 and program activities, and the implementation of the NPDES permit requirements. FINANCIAL SUMMARY: The City has budgeted $40,000 of Integrated Waste Management Fund and $10,000 General Fund in Fiscal Year 1998-99 for environmental management services. As in the past, the major funding sources are Used Oil Block Grant, AB 939, and the reimbursement program under a recently executed Memorandum of Understanding with the County of Los Angeles for the NPDES Educational Site Visit Program. BACKGROUND/DISCUSSION: Since August 15, 1995 the City has retained the services of J. Michael Huls, R.E.A. (JMH), in integrated environmental management planning and program implementation. As the City's Integrated Environmental Services Coordinator, JMH has been actively engaged in the day -today administration of the City's solid waste and recycling permit system and the implementation of a series of integrated waste management programs including public outreach/education, backyard composting, multi -family recycling, representative waste evaluation and technical assistance to J. MICHAEL HULS August 4, 1998 Page 2 commercial generators, and comprehensive used motor oil collection and recycling programs. JMH has prepared several important reports including annual compliance reports and an independent assessment of the City's solid waste permit system. Also, the City recently retained JMH to facilitate the term -limited Solid Waste Standards Task Force through a series of five fact- finding meetings designed to develop a strategy that the City Council could consider for meeting the AB 939 diversion mandate of 50% by the year 2000. The present professional services agreement will expire on August 15, 1998. The City has requested JMH to provide its proposal to continue the aforementioned program for purposes of continuity/consistency and to assist the City with the implementation of the National Pollutant Discharge Elimination System (NPDES) Permit requirements. The scope of work to be performed by JMH is shown on the attached JMH proposal, dated July 14, 1998. As noted earlier, the City's Contract Agreement with JMH for environmental management services will expire on August 15, 1998. The existing contract provides for written extension and this extension will represent the third year of contract extension. Staff is recommending that the extension provisions of the contract with JMH be utilized for this third year extension. JMH is very familiar with the City's integrated environmental management programs and was instrumental in the preparation of the City's Source Reduction and Recycling and Household Hazardous Waste Elements. JMH is very knowledgeable of the local conditions and is currently consulting to 40 cities in Los Angeles County and is providing similar services to the cities of Baldwin Park, Compton, and San Dimas. Furthermore, having a consultant who is familiar with the City and the type of programs that have been implemented will insure that current and planned program activities are not disrupted or delayed. For all of the foregoing reasons, staff believes JMH is the most qualified consultant to assist the City; and, it is in the City's best interest to extend the existing contract to ensure consistency and continuity of the servioes pursuant to DBMC Section 3.24. 1 10(d). The proposed fee of $43,276 is at the same level as last year. Prepared by: David G_ LiL C:1WP601L INDAKAY\CCR-981HULS#6.804 AMB<1IDI�+lT NO. 6 TO THE CITY'S PROFESSIONAL SERVICES FOR EWIROMMENTAL MANAGEKMT SERVICES This Agreement (Amendment No. 6) is made and entered into this day of , 1998, between the CITY OF DIAMOND BAR, a Municipal Corporation (hereinafter referred to as "CITY") and J. Michael Huls (hereinafter referred to as "CONSULTANT"). A. Recitals (i) The CITY entered into an Agreement, with J. Michael Huls to provide Enviromme+tal Management Services with Respect to the Development and Implementation of an Integrated Environmental Management Program, which the Agreement was dated August 15, 1995, and was amended by Amendment No.l dated June 18, 1996, Amendment No. 2 dated July 16, 1996, Amendment No. 3 dated August 5, 1997, Amendment No. 4 dated February 3, 1998, and Amendment No. 5 dated June 2, 1998(as amended, the "Agreement"). (ii) The term of Agreement expires August 15, 1998. (iii)CONSULTANT submitted a proposal, a full, true and correct copy of which is attached hereto as Exhibit "G' to continue to provide environmental management services from August 15, 1998 to August 15, 1999 at a not -to -exceed cost of 543,276. (iv) It is in the City's best interest to extend the Agreement rather than request bids for the services in order to ensure consistency and continuity of the services already being provided by CONSULTANT. NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT: Section 1: Section 2 of the Agreement is hereby amended to read as follows: "2. Term of Agreement. This contract shall take effect August 15, 1998 and shall continue until August 15, 1999 unless earlier terminated pursuant to the provisions herein." Section 2: Section 3 of the Agreement is hereby amended to read as follows: 03. Comopensation. 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 "G•. Payment will be made only after submission of proper monthly invoices in the form specified by City. Total payment to Jul 28 98 03:,Jbp -ity of .Diamond gar 3CS-861-3l."i p.3 CONSULTANT pursuant to this Agreement shall not exceed FDBTY Cae+*inn 3 ■ replaced with Exhibit G attached hereto and incorporD of the ated is hereby rporated herein. Section 9. Each party to this Amendment No. 6 acknowledges that no representation by any party which is not , o embodied herein nor any other agreement, statementr promise not contained in this Amendment No. 6 shall bs valid and binding, Any modification of this Amendment No. 6 shall be effective only if it is in writing signed by the parties. =N WITNESS WiIEREOF, the parties hereto have executed this Amendment No. 6 as of the day and year first set forth above: APPROVED AS TO FORM: CONSULTANT: - UrCHUM HULS By: City Attorney Michael Huls Principal ATTEST: Cit— Cl k DATE: C 804 2 CITY OF DIAMOND BAR Mayor CITY OF DIAMOND BAR flG�VflIIGPV6 1 CITY OF 1DI11M10IY1r "C*Al AGENDA REPORT AGENDA NO. �o TO: Honorable Mayor and Members of the City Council MEETING DATE: August 4, 1998 REPORT DATE: July 29, 1998 FROM: Terrence L. Belanger, City Manager TITLE: Resolution No. 98 -XX entitled: "A Resolution of the City Council of the City of Diamond Bar Approving the Installation of a Stop Sign at the Intersecting Leg of Golden Prados Drive at Bridle Drive. SUMMARY: On July 9, 1998, the Traffic and Transportation Commission discussed and recommended to the City Council the installation of a stop sign at the intersecting leg of Golden Prados Drive at Bridle Drive. The intent of the sign will be to ensure motorists on Golden Prados Drive come to a complete stop at Bridle Drive. RECOMMENDATION: That the City Council adopt Resolution No. 98 -XX entitled: "A Resolution of the City Council of the City of Diamond Bar Approving the Installation of a Stop Sign at the Intersecting Leg of Golden Prados Drive at Bridle Drive". LIST OF ATTACHMENTS: X Staff Report — Public Hearing Notification X Resolution(s) — Bid Specification (on file in City Clerk's office) — Ordinance(s) X Other: 7/9/98 T&T Minutes — 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? Majority — Yes — No 3. Has environmental impact been assessed? N/A — Yes — No 4. Has the report been reviewed by a Commission? X Yes — No Which Commission? T&T Commission 5. Are other departments affected by the report? N/A — Yes —No Report discussed with the following affected departments: REVIEWED BY: 'ISLAU 4A AV Terrence L. BelatIr es DeSt o VA. G. Liu City Manager Deputy City ager Deputy Director of Public Works CITY COUNCIL REPORT AGENDA NO. MEETING DATE: August 4, 1998 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Resolution No. 98 -XX entitled: "A Resolution of the City Council of the City of Diamond Bar Approving the Installation of a Stop Sign at the Intersecting Leg of Golden Prados Drive at Bridle Drive". ISSUE STATEMENT: Install a stop sign at the intersecting leg of Golden Prados Drive at Bridle Drive. RECOMMENDATION: That the City Council adopt Resolution No. 98 -XX entitled: "A Resolution of the City Council of the City of Diamond Bar Approving .the Installation of a Stop Sign at the Intersecting Leg of Golden Prados Drive at Bridle Drive". FINANCIAL SUMMARY: The proposed recommendation, which will cost approximately $200, will be funded by the City's traffic signing/striping maintenance account. BACKGROUNDMISCUSSION: On July 9, 1998, the Traffic and Transportation Commission discussed the request to install a stop sign at the intersecting leg of Golden Prados Drive at Bridle Drive. Golden Prados Drive is a residential street that intersects Bridle Drive at a T -intersection. A tendency by motorists to fail to stop at this intersection was observed by staff and residents in the area. Section 21800(b)(1) of the California Vehicle Code states that "...the driver of any vehicle on a terminating highway (street) shall yield the right-of-way to any vehicle on the intersecting continuing highway (street)." In order to encourage motorists on Golden Prados Drive to stop when approaching Bridle Drive, the Commission and staff recommend to the City Council the installation of a stop sign at the intersecting leg of Golden Prados Drive at Bridle Drive. Residents within a 500' radius of the intersection of Golden Prados Drive and Bridle Drive have been informed and invited to attend tonight's meeting. Prepared By: David G. Liu/Tseday Aberra RESOLUTION NO. 93- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE INSTALLATION OF A STOP SIGN AT THE INTERSECTING LEG OF GOLDEN PRADOS DRIVE AT BRIDLE DRIVE A. RECITALS. (i) The Traffic and Transportation Commission considered this matter at a public meeting on July 9, 1998. (ii) At the meeting of July 9, 1998, the Traffic and Transportation Commission determined that the installation of a stop sign at the intersecting leg of Golden Prados Drive at Bridle Drive is appropriate. B. RESOLUTION. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: 1. Said action is pursuant to Section 10.08.010 of the Diamond Bar City Code, as heretofore adopted; 2. The City Council hereby finds that the public health, safety, and welfare will be best protected by the installation of a stop sign at the intersecting leg of Golden Prados Drive at Bridle Drive as herein prescribed; and 3. The City Council of the City of Diamond Bar hereby authorize and direct the City Engineer to cause said stop sign to be installed. -1- PASSED, APPROVED and ADOPTED this day of , 1998. MAYOR I, TOMMYE CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on day of , 1998 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Deputy City Clerk, City of Diamond Bar JULY 9, 199 ) PAGE 6 .� DRAFT NOES: ABSENT: VL NEW BUSINESS: one A. Installation of a stop sign at the intersecting leg of Golden Prados Drive at Bridle Drive. DDPW/Liu presented staffs report. Staff recommends that the Traffic and Transportation Commission concur with staff to recommend to the City Council the installation of a stop sign at the intersecting leg of Golden Prados Drive at Bridle Drive. Following discussion, VC/Morris moved, C/Lin seconded, to concur with staffs to recommend to the City Council the installation of a stop sign at the intersecting leg of Golden Prados at Bridle Drive. C/Istik stated he would not favor a stop sign on Golden Prados at Bridle Drive because the Vehicle Code allows motorists to roll through the intersection. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lin, VC/Morris, Chair/Leonard-Colby NOES: COMMISSIONERS: Istik ABSENT: COMMISSIONERS: Virginkar ,S,TATUS OF PREVIOUS ACTION ITEMS: DDPWJM1t4,t.ed that the northern portion of the Diamond Bar Boul d resurfacing project is slated to comm on July 13, 1998. The Diamond Bar Lib reopening is scheduled for 10:00 a.m. on August 131,-1,998. The Pantera Park Grand Ceremonies will be held at 10:00 a.m. on July 25, 1998. VIM ITEMS FROM COMMISSIONERS: VC/Morris stated that a resid inted out to him thatja'' ' is converting an MCI bus to a motorhome and the a has been parked continuouon dro Drive for two months. He asked to look at placing consistent strsigns at front of the City's churches. IX. ITk*S FROM STAFF: A. Monthly Traffic Enforcement Update: June, 1998. CITY OF DIAMOND BAR AGENDA REPORT AGENDA N0. G -2 TO: Terrence L. Belanger, City Manager MEETING DATE: August 4, 1998 REPORT DATE: July 29,1998 FROM: Bob Rose, Community Services Director TITLE: Extension of Vendor Services for Bus Excursion Recreation Program SUMMARY: Under the purchasing guidelines, awards for services to a single vendor shall not exceed $10,000 without prior authorization from the City Council. The City offers 24 bus excursions for adults and seniors as apart of the recreation program each year. Requests for bids for providing bus excursion services are obtained from vendors prior to each excursion. Two vendors, Inland Empire Stages, Limited and Main Street Tours consistantly submit the low bids for these services. Expected use of these vendors for the 1998/99 fiscal year will result in the $10,000 ceiling being exceeded. In order to utilize the most qualified vendors, at the lowest possible price, it is necessary to extend the $10,000 ceiling for these two vendors. Funds to provide the bus excursion services are already included in the 1998199 fiscal year budget and will have no financial impact on the budget RECOMMENDED ACTION: It is recommended that the City Council authorize additional work to be performed by Inland Empire Stages, Lid and Main Street Tours (consistantly the two low bidders for this service) for the provision of bus excursion servioes for the 1998199 fiscal year. The total amount awarded to these vendors for se vka rendered this fiscal year shall not exceed $11,000 for Inland Empire Stages, Limited and $49,000 for Main Street Tours. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification _ Resolution(s) _ Bid Specifications (on file in City Clerk's office) _ Ordinance(s) _ Other: _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? _ Yes X No 2. Does the report require a majority vote? X Yes _ No 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No What Commission? 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: None REVIEWED BY: Terrence L. Belangekpj City Manager James DeStef o Deputy City Manager /I b Rose Community Services Director CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Honorable Mayor and Members of the City Council Manager MEETING DATE: August4,1998 REPORT DATE: July 29,1998 FROM: Terrence L. Belanger, City Manager TITLE: A Resolution of the City Council of the City of Diamond Bar Approving Program Supplement No. 002 to the State -Local Transportation Partnership Agreement No. SLTPP 5455 for Grant Funds under the State - Local Transportation Partrr nhip Program for the Diamond Bar Boulevard Street Rehabilitation Project SUMMARY: The State -Local Transportation Partnership Program (SLTPP) was implemented in 1989 to encourage local agencies b fund and construct transportation improvement projects both on and off the State Highway System On December 4,1994, the City Council adopted Resolution No. 9457 approving the State - Local Entity Master Agreement No. 07-5455 for grant funds for the SLTPP under Section 2600 et seq. of the Streets and Highways Code. In March of 1997, a grant was applied for and approved by the State for Cycle 8 of the SLTPP Program The City will receive $153,192. RECOMMENDATION: That the City Council adopt Resolution No. 98 -XX approving Program Supplement No. 002 to the State -Local Transportation Partnership Agreement No. SLTPP 5455 and direct the City Clerk to forward the two originals to the State of Catifomia Department of Transportation for final execution. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification Resolution _ Bid Specifications (on file in City Clerk's Office) _ Ordinances(s) _S Other: SLTPP Program Supplement No. 002 _ Agreement(s) SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed Yes _ No by the City Attorney? 2. Does the report require a m*ft or 415 vote? Majority 3. Has environmental impact been assessed? I 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 I No ReDort discussed with the following affected departments: REVIEWED BY: Terrence L. Belang J s DeStefano avid G. Liu City Manager Deputy City Manager Deputy Director of Public Works C1WPMNDMAY%G'EN49WB&TPP.W4 CITY COUNCIL REPORT AGENDA NO. _ MEETING DATE: August 4,1998 TO: Honorable Mayor and Members of the C4 Council FROM: Terrence L. Belanger, City Manager SUBJECT: A Resolution of the City Council of the City of Diamond Bar Approving Program Supplement No. 002 to the State -Local Transportation Partnership Agreement No. SLTPP 5455 for Grant Funds under the State -Local Transportation Partnership Program for the Diamond Bar Boulevard Street Rehabilitation Project ISSUE STATEMENT: To approve Program Supplement No. 002 to the State -Local Transpatadon Partnership Agreement No. SLTPP 5455 in order to receive the $153,192 State Share funds for the Diamond Bar Boulevard Street Rehabilitation Project RECOMMENDATION: That the City Council adopt Resolution No. 98 -XX approving Program Supplement No. 002 to the State -Local Transportation Pa whip Agreement No. SLTPP 5455 and direct the City Clerk to forward the two originals to the State of Cafifomia Department of Transportation for final execution. FINANCIAL SUMMARY: The $153,192 State Share funds from the State -Local Transportation Partnership Program will be allocatedlcontributed towards the improvements of Diamond Bar Boulevard Street Rehabilitation Project BACKGROUNDIDISCUSSION: The State -Local Transportation Partnership Program (SLTPP) was implemented in 1989 to encourage local agencies to fund and construct transportation improvement projects both on and off the State Highway System. The legislative intent of the SLTPP is to contribute funds to eligible locally -funded transportation projects which can be made ready to constructwith rnir*nW State planning and review. Each cycle within the program begins with application submittal on July 1 and could require a maximum of 6 years to complete. With this opportunity, staff submitted the Diamond Bar Boulevard Street Rehabilitation Project in March of 1997 for Cycle 8 of the Program. SLTPP PROGRAM SUPPLEMENT NO. 002 AUGUST 4, 1998 The SLTPP is a continuous program funded from the State Highway Account at a level of two hundred million dollars ($200,000,000) per fiscal year. SLTPP projects are nominated by the local agencies and are not prioritized. AN eligible projects are placed on a statewide list The State reimbursement ratio is based on the total cost of all projects and varies from year to year. For Cycle 8, the reimbursement ratio is 24.54%. Based on eligible construction cost of $624,256, $153,192 State Share funds will be provided towards the improvements of Diamond Bar Boulevard Street Rehabilitation Project Prepared By: David G. Liu CAWP6auNDAKAY CR-asDedIPP.ea 2 RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PROGRAM SUPPLEMENT NO. 002 TO THE SLTPP- 5455 FOR GRANT FUNDS UNDER THE STATE -LOCAL TRANSPORTATION PARTNERSHIP PROGRAM FOR THE DIAMOND BAR BOULEVARD STREET REHABILITATION PROJECT WHEREAS, as provided by Section 2600 et seq. of the Streets and Highways Code, the City of Diamond Bar has applied for State Share funds to be used for the Diamond Bar Boulevard Street Rehabilitation Project between Palomino Drive and Temple Avenue, herein referred to as "PROJECT"; and WHEREAS, the City of Diamond Bar is required to approve and incorporate Program Supplement No. 002 into the State -Local Transportation Partnership Agreement No. SLTPP-5455 with the State of California Department of Transportation, herein referred to as "STATE", to delineate certain responsibilities relative to prosecution of the said PROJECT. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Diamond Bar: 1. Approves Program Supplement No. 002 to the State - Local Transportation Partnership Agreement No. SLTPP-5455 for the State and Local Transportation Partnership Program grant assistance. 2. Certifies that said PROJECT will be constructed in accordance with the State -Local Transportation Partnership Agreement No. SLTPP-5455 and as described in the Project Termini, 1 and Type of Work of the Program Supplemental Agreement No. 002. 3. Appoints Terrence L. Belanger as agent of the City of Diamond Bar to conduct all negotiations, execute and submit all documents, including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project. PASSED, ADOPTED, AND APPROVED this day of , 1998. Mayor 2 I, LYNDA BURGESS, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the 1998, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: C:\WP60\LINDAKAY\RESO-98\DBSLTPP.809 ATTEST: 3 day of , City Clerk of the City of Diamond Bar PROGRAM SUPPLSHBNT NO. 002 Date: July 17, 1998 to Location: 07 -LA -0-DM13R STATE -LOCAL TRANSPORTATION Project Number: SB98-5455(001) PARTNERSHIP PROGRAM AGREEMENT NO. SLTPP-5455 E.A. Number: 07-931120 This Program Supplement is hereby incorporated into the State -Local Transportation Partnership Program Agreement for State Share Funds which was entered into between the Local Entity and the State on 12/19/94 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Paragraph 3 of Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the Local Entity on (See copy attached). The Local Entity further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with any covenants or remarks setforth on the following pages. PROJECT TERMINI: Diamond Blve: Palomino Dr to Temple Ave TYPE OF WORK: pavement Rehab LENGTH: 0 (MILES) PROJECT CLASSIFICATION OR PHASES) OF WORK [X] Construction Estimated os State 8 are Funds Matching Funds .-7 r Z p _q FY1998 $153,192.00 LOCAL tem Year OTHER $628,226.00 NoUNT $475,034.00 $0.00 $0.00 C 258010 042-T FY1999 $0.00 %-:i r i Ua ".LAMUMM gnat By Date Attest STATE OF CALIFORNIA Department of Transportation By Chief, Office of Local Programs Project Implementation Date Title I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Officer Date .-7 r Z p _q $153,192.00 Chapter Statutes tem Year Program BC Fund Source NoUNT 282 1997 2660-125-042 97-98 20.25.010.100 C 258010 042-T 153,192.00 Program Supplement SLTPP-5455-002- Page 1 of 3 07-LA-0-DMBR SB98-5455(001) SPECIAL COVENANTS OR REMARKS 07/17/1998 1. It is mutually understood between the parties that this contract may have been written before ascertaining the availability of legislative appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the agreement were executed after that determination was made. The total amount of State -Local Transportation Partnership funds payable by the State shall not exceed the sum of the "State Share Funds" column on page 1 of this Program Supplement. The funds to be encumbered and reimbursed are according to the schedule shown under the aforementioned column. Any increase in State Partnership funds will require a revised program supplement. Any decrease in State Partnership funds will require a revised finance letter. 2. The State Funds Share is calculated based on the lower of the approved eligible application amount or the eligible award amount. 3. In accordance with the State -Local Transportation Partnership Program Guidelines dated June 8, 1994, project eligibility is limited to contract items plus locally funded State or Local Entity furnished materials and Supplemental Work. Supplemental Work eligibility is further defined under the Project Eligibility section of the Guidelines as limited to certain maximum costs and to non -early reimbursement projects of $300,000 or less. 4. SPECIAL COVENANTS FOR SLTPP PROJECTS UNDER EARLY REIMBURSEMENT PLAN AND UNDER $300,000 STATE SHARE These Covenants supersede any conflicting provisions of the Master Agreement: A. The LOCAL ENTITY agrees that the payment of "State ShareFunds" will be limited to the lesser of the product of multiplying the calculated pro rata percentage as determined by the STATE by either: Program Supplement SLTPP-5455-002- Page 2 of 3 07-LA-0-DMBR SB98-5455(001) 07/17/1998 SPECIAL COVENANTS OR REMARKS (a) The eligible award amount or (b) The total eligible State/Local Partnership Project cost in the approved State/Local Partnership Program Application and accepts any consequent increase in LOCAL ENTITY funding requirements. B. The LOCAL ENTITY will invoice the State for the full "State's Share" after the contract award or upon the State Budget Act appropriation of funds, whichever occurs later. "State's Share" is considered a grant and will be reimbursed as a lump sum payment regardless of final project cost. C. Prior to reimbursement under this Program Supplement, a Request For Early Reimbursement form, executed by the LOCAL ENTITY, must be on file with the STATE. D. The financial audit and Final Project Expenditure Report provisions of Sections 9 and 10 of ARTICLE I of the Master Agreement are not applicable to this PROJECT. 5. The Reimbursement Ratio for this Cycle 8 (97/98) Project is 24.54%. Program Supplement SLTPP-5455-002- Page 3 of 3 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. q TO: Honorable Mayor & Members of the City Council MEETING DATE: August 4, 1998 REPORT DATE: July 29, 1998 FROM: Lynda Burgess, City Clerk TITLE: RESOLUTION NO. 98 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE DESTRUCTION BY THE CITY CLERK OF CITY RECORDS AND DOCUMENTS WHICH ARE NO LONGER REQUIRED AS PROVIDED UNDER GOVERNMENT CODE SECTION 34090 SUMMARY: Government Code Section 34090 provides that, "with the approval of the legislative body by resolution and the written consent of the city attorney the head of a city department may destroy any city record, document, instrument, book or paper, under his charge, without making a copy thereof, after the same is no longer required." Destruction of the materials referenced in Exhibit "A" attached to the proposed resolution is determined necessary in order to conserve storage space, reduce staff time, expense and confusion in handling information and informing the public. RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 98 -XX approving the destruction of certain records which are no longer required as provided by Government Code Section 34090. 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? X Yes _ No 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? _ Yes & No Which Commission? 5. Are other departments affected by the report? _ Yes ZC No Report discussed with the following affected departments: REVIEWED BY: DEPARTMENT HEAD: TerreAce L. Belaner Ly a Burgess City Manager City Clerk RESOLUTION NO. 98 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE DESTRUCTION OF CITY RECORDS AND DOCUMENTS WHICH ARE NO LONGER REQUIRED AS PROVIDED UNDER GOVERNMENT CODE SECTION 34090 WHEREAS, it has been determined that certain City records under the charge of the following City Department are no longer required for public or private purposes: CITY CLERK WHEREAS, it has been determined that destruction of the above-mentioned materials is necessary to conserve storage space and reduce staff time, expense and confusion in handling, and informing the public; and WHEREAS, Section 34090 of the Government Code of the State of California authorizes the head of a City department to destroy any City records and documents which are over two years old under his or her charge, without making a copy thereof, after the same are no longer required, upon the approval of the City Council by resolution and the written consent of the City Attorney; and WHEREAS, it is therefore desirable to destroy said records as listed in Exhibit "A" attached hereto and made a part hereof, in storage, without making a copy thereof, which are over two years old; and WHEREAS, said records have been approved for destruction by the City Attorney. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar as follows: SECTION 1. That approval and authorization is hereby given to destroy those records described as Exhibit "A" attached hereto and made a part hereof. SECTION 2. That the Deputy City Clerk shall certify to the adoption of this Resolution. PASSED, ADOPTED AND APPROVED this 4th day of August, 1998. Mayor I, TOMMYE NICE, Deputy City Clerk of the City of Diamond Bar do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the 4th day of August, 1998, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Deputy City Clerk of the City of Diamond Bar .� ) L m MQ m W v C3 .a za 0 4. C Q C) C— LL Cr m U) c U) c 13 ui caU gc- t� 117CL a to N 3tl' (MMM d Cl) N to � C6 C6 m G Ld tm CO Lf) CU r C C Q.p Cd L(7 Q � C. C13 mc cr) CU � C N T N N' C o d ttL�� p cis. � Q7� c U Co Cj 'D 0) CCO N � — (Ul) C U C W E� .9 c0 LL H- '� U C, a) N w M r� m �o CJ C7 C7 N Q) F° N C N C 0 O co ca L CY) ca c UEl CY N N 3 r cu N cu M W f0 a CDw CD a a L J CJo cd CL CU CU W �m F" ,�Cr _ �-9(cpp Q co , c�s'Q�j U7 'Lo CII •� o0 � 3 09m' M rn 11,10 a IC1 00 m `a `m r m �m �m ���--tttt• cw • W w L w O) co 9 0 �N U H, t L U m Jm+ CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM To: Mayor and City Councilmembers via: Terrence L. Belanger, City Manager From: James DeStefano, Deputy City Man Subject: CITY COUNCIL AGENDA ITEM No 6.10 - Landscape Maintenance Agreement with Standard Pacific Date: August 3, 1998 Page 1 and page 6 of the referenced Agreement have been revised to correct two typographic errors and to identify the City Manager as the contact for the City. Attachment jds LATHAM & WATMS ATTORNEYS AT LAW 690 TOWN C/NTIN OIUVI. TW/NTIITM FLOOR COSTA MESA. CALIFORNIA 92624-1925 MAIN OfFICI (7141 540.1235 Fat% I (7141 755.5290 RUSH DOCUMENT: PLEASE DELIVER AS SOON AS POSSIBLE ATTENTION FAX RECIPIENT: DUE TO THE IMPORTANCE OF THIS DOCUMENT, VERIFICATION OF RECEIPT IS IMPERATIVE. PLEASE ACKNOWLEDGE RECEIPT OF THIS DOCUMENT BY CALLING (714) 755-8292 IMMEDIATELY. DATE: I —s ---� TO: FROM: FAX NUMBER: ATTORNEY BILLING NUMBER: MATTER: CLIENT NUMBER: -S 3— � TOTAL PAGES SENT: ((ndu0mq Cover Sheol) ADDITIONAL COMMENTS OR INSTRUCTIONS: THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INTENDED RECIPIENT NAMED ABOVE. IF YOU ARE NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTWED THAT ANY COI PING OF THIS COMMUNICATION OR DISSEMINATION OR DISTRIBUTION OF IT TO ANYONE OTHER THAN THE INTENDED RECIMENT IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR. PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE. OPERATOR: TIME IN: CONFIRMATION NAMEMME: TIME OUT: c^xvAmo-oC vER 044/ 94 1 4 2ZL8IZ098v'ON-9fi 51 LS'6c SI 86.E 8 (NOWT SNI}LLVM (INV WVH.LV'I WoHl transmission. All notices, communications and/or payments should be addressed to the party for whom intended, as follows: If to Standard Pacific: 1565 West MacArthur Boulevard Costa Mesa, CA 92626 Attention: Dana Bieber If to City: City of Diamond Bar 21660 East Copley Drive Diamond Bar, California 91765-4117 Attention: Terrence L. Belanger, City Manager Any party hereto may from time to time, by written notice to the other, designate a different address which shall be substituted for the one above specified. Any notice, document or payment sent by registered or certified mail shall be deemed served or delivered seventy-two (72) hours after the mailing thereof as above provided. Any notice, document or payment sent by overnight service shall be deemed delivered twenty-four (24) hours after delivery of the same, charges prepaid, to the U. S. Postal Service or private courier. If any notice is telegraphed, the same shall be deemed delivered forty-eight (49) hours after the transmission thereof. Any notice transmitted by facsimile transmission shall be deemed served or delivered upon confirmation of transmission. Section 4.2. TerminoloP,y. Where the context requires, the masculine gender includes the feminine and neuter, and the singular case plural. Section 4.3. Cagtions. Captions are used in this Agreement are for information purposes only and do not alter, modify or add to the terms of this Agreement. Section 4.4. Invalidity. If any tenor, covenant or condition of this Agreement is determined to be invalid, it will not affect the validity of the remaining terms, covenants and conditions of this Agreement. Section 4.5. Waiver. The waiver of any breach of any provision hereunder shall not be deemed to be a waiver of any proceeding or subsequent breach hereunder. No waiver shall be binding unless in writing and signed by the party making the waiver. Section 4.6. erning IThis Agreement will be governed and interpreted pursuant to the laws of the State of California. Section 4.7 Pamffanh Headings. All paragraph headings are inserted for convenience only and shall not be used in any way to modify, limit, construe or otherwise affect this Agreement. Section 4.9. Severability. If any terms or provisions of this Agreement or the application thereof to any persons or circumstances shall to any extent be invalid or unenforceable, the remainder of this Agreement or the application of such terms or provisions to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby. Each and every term of this Agreement shall be valid and enforced to the fullest extent permitted by law. Section 4.9. Entire Agreement. This Agreement and the exhibit attached hereto constitute the entire agreement betwmm the parties pertaining to the subject matter hereof and all prior and contemporaneous agreements, representations, negotiations, and understandings of the parties, oral or written, are hereby superseded and merged herein. 6 OC DOCS\145500.8 S d 8ZL81Z0986-ON.%8E : S 1 'IS', O'V: 5 1 86 .E 'E (NOVO SNINIVM QNV YiVH.LV'I WOH3 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. 6.10 TO: Terrence L. Belanger, City Manager MEETING DATE: August 4, 1998 REPORT DATE: July 31, 1998 FROM: James DeStefano, Deputy City Manager TITLE: Landscape Maintenance Agreement with Standard Pacific Corporation for property located on Brea Canyon Road at Diamond Crest Lane SUMMARY: Standard Pacific Corporation has requested approval of an agreement granting permission to construct and maintain landscaping, decorative walls and a water element on City -owned property adjacent to their 107 -home development currently under construction. RECOMMENDATION: It is recommended that the city Council authorize the Mayor to enter into an agreement with Standard Pacific Corporation for Landscape Maintenance. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification _ Resolution(s) _ Bid Specification (on file in City Clerk's office) _ Ordinance(s) _ Other: _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been 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? X Yes _ No 4. Has the report been reviewed by a Commission? _ Yes _ No Which Commission? NIA 5. Are other departments affected by the report? _ Yes _ No Report discussed with the following affected departments: REVIEWED BY: Terrence L. Belanger City Manager DEPARTMENT HEAD: JNrrfeS DeStefano Deputy City Mana AGENDA NO. MEETING DATE: August 4, 1998 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Landscape Maintenance Agreement with Standard Pacific Corporation for property located on Brea Canyon Road at Diamond Crest Lane. ISSUE STATEMENT: Shall the City enter into an agreement with Standard Pacific to permit the installation and maintenance of landscaping and other improvements on City property? It is recommended that the City Council authorize the Mayor to enter into the agreement with Standard Pacific. BACKGROUND: Standard Pacific is the developer of a 107 home project currently under construction at the intersection of Brea Canyon Road and Diamond Crest Lane. The road alignment design of Diamond Crest Lane resulted in the creation of two irregular shaped remnant pieces of property at Brea Canyon Road. The remnant property is in part owned by the City and the Walnut Valley Unified School District. Standard Pacific has requested permission to improve the properties owned by the City and District with landscaping, decorative walls and a water element. The City portion of the property consists of 16,638 square feet. The property is located within Planning Area 4 identified in the General Plan as an 82 acre site designated for future use as park, public facilities and open space. The .38 acre City property is zoned residential and contains a map restriction prohibiting the construction of residential dwelling units. The proposed Easement and Agreement would permit the developer to construct and maintain the proposed landscape improvements at no cost to the City. The ability to terminate the Agreement is the exclusive right of the City. Upon termination all improvements become the sole property of the City or will be removed at no expense to the City. Standard Pacific is required by. the Agreement to indemnify the City and carry appropriate insurance. The School District has approved a similar agreement with Standard Pacific. Prepared by: James DeStefano ATTACHMENTS: Agreement Landscape Plans CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM DATE: August 3, 1998 TO: Honorable Mayor and Members of the City Council FROM: Lynda Burgess, City Clerk Q� VIA: Terrence L. Belanger, City Manager ` � `-�' SUBJECT: August 4, 1998 Council Agenda Item No. 8.1 Ordinance Revising the Health Code The City Attorney has advised that, due to substantial changes made during City Council discussion of Ordinance No. 3(98) on July 21, 1998, the Council must re- introduce the Ordinance and conduct first reading again. Attached is the revised recommended action for this matter. ORDINANCE NO. AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING CHAPTER 8.24 OF TITLE 8 OF THE DIAMOND BAR CITY CODE, ADOPTING BY REFERENCE DIVISION 1 OF TITLE 8 AND DIVISION 1 OF TITLE 11 OF THE LOS ANGELES COUNTY CODE, AND REVISING THE CITY HEALTH CODE. THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES ORDAIN AS FOLLOWS: SECTION I.. Chapter 8.24 of Title 8 of the Diamond Bar City Code is hereby amended to read as follows: "CHAPTER 8.24 PUBLIC IM.ALLTH "Sec. 8.24.010. Adoption by reference. Division 1 of Title 8 (Public Health Licenses) and Division 1 of Title 11 (the Health Code) of the Los Angeles County Code, as amended and in effect on August 1, 1998, are hereby adopted by reference and shall henceforth collectively be known as the Health Code of the City of Diamond Bar. "See. 8.24.020. Copies available for inspection. A certified copy of Division 1 of Title 8 and Division 1 of Title 11, as adopted in Section 8.24.010, have been deposited in the office of the City Clerk and shall be at all times maintained by the City Clerk for use and examination by the public. "Sec. 8.24.030. Division 1, Title 8 - Amendments. "(a) Section 8.04.165 amended. Notwithstanding the provisions of Section 8.24.010 of this Chapter, Section 8.04.165 of Chapter 8.04 of Division 1 of Title 8 of the Loa Angeles County Code is hereby amended to read as follows: `section 8.04.165 Food Official Inspection Report. "Food Official Inspection Report" means the written notice prepared and issued by the county health officer after conducting a routine inspection, and/or reinspection in the event a timely request for reinspection has been filed, of a food facility to determine compliance with all applicable federal. state and local statutes, orders, ordinances, quarantines, rules, regulations, or directives relating to the public health., "(b) Subsections A and B of Section 8.04.225 amended. Notwithstanding the provisions of Section 8.24.010 of this 930336 10672-00001 163 1950160.2 (2) CITY OF DIAMOND BAR r _IDI1IIIl l IZ 1ZLI111I1m it AGENDA NO.,_L__ TO: Terrence L. Belanger, City Manager MEETING DATE: August 4, 1998 REPORT DATE: July 30, 1998 FROM: James DeStefano, Deputy City Manager TITLE: Ordinance No. 98-03. An Ordinance of the City of Diamond Bar amending Chapter 8.24 of Title 8 of the Diamond Bar City Code, adopting by reference Division 1 of Title 8 and Division 1 of Title 11 of the Los Angeles County Code, and revising the City Health Code (continued from July 21, 1998). SUMMARY: The County of Los Angeles has adopted an ordinance enhancing the current public health requirements for the operation of food establishments.The City is considering adoption to ensure continuity with County regulations and effective enforcement. On July 21, 1998 the City Council concluded its public hearing and requested amendments to the Ordinance relating to the posting of inspection grades. RECOMMENDATION: It is recommended that the City Council review the proposed amendments and adopt Ordinance No. 98-03. LIST OF ATTACHMENTS:_ Staff Report _ Public Hearing Notification _ Resolution(s) _ Bid Specification (on file in City Clerk's office) Ordinance(s) x Other: Memorandum dated 7-29-98 Agreement(s) Staff Report dated 7-21-98 EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been -1L Yes _ No reviewed by the City Attorney? MAJORITY 2. Does the report require a majority vote? Yes _ No 3. Has environmental impact been assessed? _ Yes _ No 4. Has the report been reviewed by a Commission? _ Yes _ No Which Commission? N/A 5. Are other departments affected by the report? — Yes X No Report discussed with the following affected departments: REVIEWED BY: Terrence L. Belanger Jam DeStefano City Manager Deputy City Manager RICHARDS, WATSON & GERSHON MEMORANDUM To: Jim DeStefano, Deputy City Manager City of Diamond Bar FROM: D. Craig Fox, Deputy City Attorney DATE: July 29, 1998 SUBJECT: Ordinance adopting Los Angeles Health Code As discussed, I have revised the ordinance previously provided to you which would adopt Division 1 of Title 8 and Division 1 of Title 11 of the Los Angeles County Code, providing for inspections of restaurants and posting of inspection grades. Briefly, the ordinance being provided differs from the previous version in several respects. First, I have deleted the "double negative" language appearing in the second paragraph following subsection B of Section 8.04.225 (page 2 of the original) and subsection A of Section 8.04.275 (page 3 of the original.) In revising the foregoing paragraphs, I have provided that posting shall occur immediately upon completion of a routine inspection, and shall remain unless and until a reinspection is timely requested. If so requested, posting shall be suspended pending regrading following the reinspection. This will serve to minimize the number of trips by a health inspector to an inspected food establishment. The second substantive change is a revision from 7 calendar days to 3 business days within which a restaurant operator may request reinspection. The rest of the changes have been made to retain consistency with the foregoing revisions. As now written, the ordinance provides that upon completion of a routine inspection and posting of a grade, a restaurant operator may immediately request reinspection by filing a request with the inspector or with the office of the county health officer and a written acknowledgment of receipt of the request must be provided. If a request for reinspection is timely made, then the letter grade may be removed from the posting location, pending reinspection and regrading. If the request for reinspection is immediately made, then as a practical matter, the health officer may simply choose not to post, pending reinspection. If the request is filed with the office of the county health officer, then the restaurant operator may remove the letter grade, pending reinspection. Please feel free to contact me should you have any questions concerning the revised ordinance, or desire any further modifications. DCF:gg 10572-00001 1950299 Chapter, subsections A and B of Section 8.04.225 of Chapter 8.04 of Division 1 of Title 8 of the Los Angeles County Code are hereby amended to read as follows: `A. "Grading" means the letter grade issued by the county health officer at the conclusion of the routine inspection, and/or reinspection in the event a timely request for reinspection has been filed, of a food establishment. The grade shall be based upon the scoring method set forth in this section resulting from the Food Official Inspection Report and shall reflect the food establishment's degree of compliance with all applicable federal, state and local statutes, orders, ordinances, quarantines, rules, regulations, or directives relating to the public health. B. "Letter Grade Card" means a card that may be posted by the county health officer at a food establishment upon completion of a routine inspection, and/or reinspection in the event a timely request for reinspection has been filed, that indicates the letter grade of the establishment as determined by the county health officer using the scoring method set forth in this section. For the purposes of this provision, a food establishment shall include a food establishment operating in conjunction with a food processing establishment. Upon completion of a routine inspection of a food establishment, the county health officer shall advise the owner or operator thereof, in writing, of the actual grading and basis therefor as determined by the health officer. The Letter Grade Card shall be immediately posted by the health officer and shall remain posted unless and until reinspection is timely requested as provided herein. If reinspection is timely requested, posting shall be immediately suspended pending regrading following the reinspection. Nothing in this Chapter shall prohibit the county health officer from creating, posting or otherwise using an Inspection Score Card in combination with a Letter Grade Card. The county health officer, in his discretion, shall determine whether to post the Inspection Score Card, the Letter Grade Card, or both.' "(c) Section 8.04.275 amended. Notwithstanding the provisions of Section 8.24.010 of this Chapter, Section 8.04.275 of Chapter 8.04 of Division 1 of Title 8 of the Los Angeles County Code is hereby amended to read as follows: `Section 8.04.275 Inspection Score Card. A. "Inspection Score Card" means a card that may be posted by the county health officer at a food 983326 10572-.00001 lsj 1950180.2 (2) 2 establishment, upon completion of a routine inspection, and/or reinspection in the event a timely request for reinspection has been filed, that indicates the total numerical percentage score for the establishment as determined by the county health officer and as set forth in the Food Official Inspection Report. For the purposes of this provision, a food establishment shall include a food establishment operating in conjunction with a food processing establishment. Upon completion of a routine inspection of a food establishment, the county health officer shall advise the owner or operator thereof, in writing, of the actual grading and basis therefor as determined by the health officer. The Inspection Score Card shall be immediately posted by the health officer and shall remain posted unless and until reinspection is timely requested as provided herein. If reinspection is timely requested, posting shall be suspended pending regrading following the reinspection. Nothing in this Chapter shall prohibit the county health officer from creating, posting or otherwise using an Inspection Score Card in combination with a Letter Grade Card. The county health officer, in his discretion, shall determine whether to post the Inspection Score Card, the Letter Grade Card, or both. B. The county health officer, in his discretion, may immediately close any food establishment which, upon completion of the routine inspection, or reinspection where applicable, achieves a total numerical percentage score less than seventy percent (700) as set forth in Section 8.04.225. Nothing in this provision shall prohibit the county health officer from immediately closing any food establishment if, in his discretion, immediate closure is necessary to protect the public health.' "(d) Section 8.04.402 added. Notwithstanding the provisions of Section 8.24.010 of this Chapter, a new Section 8.04.402 is hereby added to Chapter 8.04 of Division 1 of Title 8 of the Los Angeles County Code to read as follows: 18.04.402 Request for Reinspection. Request for Reinspection" means a written request, filed with the office of the county health officer or a county health department inspector while present on an inspected premises, within three (3) business days of a routine inspection of a food establishment conducted for purposes of preparing a Food Official Inspection Report, Letter Grade Card, and/or Inspection Score Card, therein requesting reinspection of such establishment. A written acknowledgment of receipt of the reinspection request shall be provided. 960326 10572-OOJJ1 1sj 195018.0 .2 (2) 3 Reinspection shall be conducted not less than fourteen (14) calendar days following the timely filing of a request for reinspection and shall be limited to those violations and areas and items of noncompliance identified during the prior routine inspection. Following reinspection, a revised Food official Inspection Report shall be prepared and the establishment shall be regraded and posted based upon the revised Report. The scores obtained with respect to areas and items which were found to be in compliance during the prior routine inspection, combined with scores obtained as a result of the reinspection, shall be the sole basis upon which a Letter Grade Card and/or Inspection Score Card may be prepared and posted following reinspection. A request for reinspection may only be filed by the owner or operator of the food establishment of which such routine inspection was conducted. Said three (3) day period within which to request reinspection shall not commence unless and until posting following a routine inspection has occurred or the owner or operator has otherwise been provided written notice of the actual grading and basis therefor as determined by the county health officer following the routine inspection, whichever occurs first.' "(e) Subsections A, C and E of Section 8.04.752 amended. Notwithstanding the provisions of Section 8.24.010 of this Chapter, subsections A, C and E of Section 8.04.752 of Chapter 8.04 of Division 1 of Title 8 of the Los Angeles County Code are hereby amended to read as follows: `A. Subject to the provisions of Sections 8.04.225 and 8.04.275 of this Chapter, following a routine inspection, or reinspection if timely requested, or otherwise as permitted or required by this Code, the health officer shall post at each inspected food establishment the Letter Grade Card, the Inspection Score Card, or both, as determined by the health officer, so as to be clearly visible to the general public and to patrons entering the establishment. "Clearly visible to the general public and to patrons" shall mean posted in the following order of priority: 1. Posted in the front window of the establishment within five (5) feet of the front door. If such posting is not reasonably possible in the determination of the health officer, then posting shall occur as provided in subsection 2, below. 2. Posted in a display case mounted on the outside front wall of the establishment within five (5) feet of the front door. If such posting is not reasonably possible in the determination of the health 980326 10572-00001 Is] 1950180,2 ,2) — 4 officer, then posting shall occur as provided in subsection 3, below. 3. Posted in such location as directed and determined in the discretion of the health officer to ensure the most effective notice to the general public and to patrons.' `C. Except as provided in Sections 8.04.225 and 8.04.275 of this Chapter, and subsection A of this Section, neither the Letter Grade Card nor the Inspection Score Card shall be defaced, marred, camouflaged, hidden or removed, and it shall be unlawful to operate a food establishment unless posting of either Card, or both Cards, as determined by the county health officer, has occurred. Removal of the Letter Grade Card, the Inspection Score Card, or both, is a violation of this Chapter and may result in the suspension or revocation of the public health permit and shall be punishable as specified in Section 8.04.930.' `E. The Food Official Inspection Report upon which the Letter Grade Card, the Inspection Score Card, or both, are based and all subsequent reports issued by the county health officer shall be maintained at the food establishment and shall be available to the general public and to patrons for review upon request. The food establishment shall keep the Food Official Inspection Report and all subsequent reports until such time as the county health officer completes the next routine inspection, or reinspection as provided in this Chapter, of the establishment and issues a new Food Official Inspection Report.' "(f) Section 8.04.755 amended. Notwithstanding the provisions of Section 8.24.010 of this Chapter, Section 8.04.755 of Chapter 8.04 of Division 1 of Title 8 of the Los Angeles County Code is hereby amended to read as follows: `Section 8.04.755 Letter Grade Card and Inspection Score Card - Period of Validity. A Letter Grade Card, an Inspection Score Card, or both, shall remain valid until the county health officer completes the next routine inspection, or reinspection as provided in this Code, of the food establishment."' SECTION 2. Penalties for Violation of Ordinance. It shall be unlawful for any person, firm, partnership or corporation to violate any provision or to fail to comply with any of the requirements of the Ordinance, Codes or portions thereof hereby adopted. Any person, firm, partnership or corporation violating any provision of this Ordinance, or the Codes or portions thereof hereby adopted, or failing to comply with any of their requirements shall be deemed guilty of a 980226 10572-00001 isj 1950180.2 (2) 5 misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each and every person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Ordinance, Codes or portions thereof hereby adopted, is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefor as provided in this Ordinance. SECTION 3. Civil Remedies. The violation of any of the provisions of the Ordinance, Codes or portions thereof hereby adopted shall constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances. SECTION 4. Severability. If any section, subsection, sentence, clause, portion, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining sections, subsections, sentences, clauses, portions, or phrases of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, portion, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, portions, or phrases of the Ordinance might subsequently be declared invalid or unconstitutional. PASSED, APPROVED and ADOPTED this day of . 1998. MAYOR ATTEST: (SEAL) CITY CLERK 980326 10572-00001 1st 1950180.2 (2) 6 CITY COUNCIL REPORT AGENDA NO. MEETING DATE: July 21, 1998 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Ordinance No. 98-03. An Ordinance of the City of Diamond Bar amending Chapter 8.24 of Title 8 of the Diamond Bar City Code, adopting by reference Division 1 of Title 8 and Division 1 of Title 11 of the Los Angeles County Code, and revising the City Health Code. ISSUE STATEMENT: This report requests approval of a proposed code amendment which would adopt by reference Los Angeles County Ordinance No. 97-0071 which relates to an inspection system for food establishments. Adoption of the Ordinance would ensure countywide " enforcement. ]RECOMMENDATION: It is recommended that the City Council open the public hearing, receive testimony, close the public hearing and adopt Ordinance No. 98-03. FINANCIAL STATEMENT: NIA BACKGROUND: The City of Diamond Bar contracts with the County of Los Angeles for public health services. The County of Los Angeles has adopted Ordinance No. 97-0071 enhancing the current public health requirements for the operation of food establishments. The Ordinance sets forth an inspection scoring system requiring the posting of a letter grade card and a mandatory food handler certification for all food establishments. A copy of the ordinance has been forwarded to the City for adoption in order to ensure continuity with County regulations and to provide more effective enforcement of its provisions. It is recommended that the City Ordinance include provisions setting forth the location of the posting of the letter grade card and an opportunity for a right of reinspection by the restaurant operator. The current County Code is silent on both issues relying on County Department staff for implementation. The County is suggesting that the posting and reinspection issues be addressed by the Health Code Officer. Staff recommends the inclusion of the additional provisions to firmly establish our City policy which is not subject to a unilateral change by County staff. Pursuant to Government Code Section 50022 a public hearing has been scheduled for July 21, 1998 with notice published in the San Gabriel Valley Tribune. PREPARED BY: James DeStefano Community Development Director attachments: 1. Draft Ordinance No. 98-03 2. County Ordinance No. 97-0071 ANALYSIS An ordinance amending the Los Angeles County Code, Title 8 - Consumer Protection and Title 11 - Health and Safety, relating to the operation of food establishments by: 1. Establishing a letter grade and inspection score system for all food establishments and requiring the posting of_a letter grade czrd or inspection score card, or both; 2.• Requiring all food establishments to keen copies of inspection reports for review by the general public; 3. Requiring all food establishments for which the public health permit has been suspended or revoked to post a notice of closure and requiring these establishments to remain closed until further action of the county health officer; 4. Requiring all food establishments to post a notice providing the address and -telephone number of the local environmental health office responsible for oversight of the establishment; 5. Establishing a food handler's. training certification program and requiring all food establishments to have a person certified in safe food handling practices on the premises 'at all times; and 6. Making other, technical changes. DE WITT W. CLINTON County Counsel By SHARON A. REICHMAN Deputy County Counsel. Public Services Division SAR:sar 12-3-97 ORDINANCE NO.. 97-0071 An ordinance amending the Los Angeles County Code•, Title 8 - Consumer Protection. and Title 11 - health and Safety, relating to food establishments. The Board of Supervisors of the County of Los Angeles ordains as follows: SECTION 1. Section 8.04.165 is added to read as follows: Section 8.04.165 Food Official Inspection Report. "Food Official Inspection Report" means the written notice prepared and issued by the county health officer after conducting an inspection of a food facility to determine compliance with all applicable federal, state and local statutes, orders, ordinances, quarantines, rules, regulations, or directives relating to the public health. SECTION 2. Section 8.04.225 is added to read as follows: Section 8.04.225 Grading & Letter Grade Card. - A. "Grading" means the letter grade issued by the county health officer at the conclusion of the routine inspection of a food establishment. The grade shall be based upon the scoring method set forth in this section resulting from the Food Official Inspection Report and shall reflect the food.establishment's degree of compliance with all applicable federal, state and local statutes, orders, ordinances, quarantines, rules, regulations, or directives relating to the public health. B. "Letter Grade Card" means a card that may be posted by the county health officer at a food establishment upon completion of a routine inspection that indicates the letter grade of the establishment as determined by the county health officer using the scoring method set forth in this section. For the purposes of this provision, a food establishment shall include a food establishment operating in conjunction with a food processing establishment. Nothing in this chapter shall prohibit the county health officer from creating and using a Letter Grade Card in combination with an Inspection Score Card. The county health officer,' in his discretion, shall determine whether to post the Letter Grade Card, the Inspection Score Card, or both. C. The county health officer, in his discretion, may immediately close any food establishment which, upon completion of the routine inspection, does not achieve a "C" grade as defined herein. Nothing in this provision shall prohibit the county health officer from immediately closing -any food establishment if, in his discretion, immediate closure is necessary to protect the public health. D. The letter grade shall be based upon the final numerical Percentage score set forth in the Food Official Inspection Report, as follows: 1. A grade of "A" shall indicate a final score of ninety percent (90%) or higher as determined by--the-county health officer; 2. A grade of "B" shall indicate a final score less than ninety percent (90%) but not less than eighty percent (80%) as determined by the county health officer; 3. A grade of "C" shall indicate a final score less than eighty percent (80%) but not less than seventy percent (70$) as determined by the county health officer. SECTION 3. Section 8.04.275 is added to read as follows: Section 8.04.275 Inspection Score Card. A. "Inspection Score Card" means a card that may be posted by the county health officer at a food establishment, upon completion of a routine inspection, that indicates the total numericcvl percentage score for the establishment as determined by the county health officer and as set forth in the Food Official Inspection Report. For the purposes of this provision, a food establishment shall include a food establishment operating in conjunction with a food processing establishment. Nothing in this chapter shall prohibit the county health officer from creating and using an Inspection Score Card in combination with a Letter Grade Card. The county health officer, in his discretion, shall determine whether to post the Inspection Score -Card, the Letter Grade Card, or both. B. The county health officer, -in his discretion, may immediately close any food establishment which, upon completion of the routine inspection, achieves a total numerical percentage score less than seventy percent (70%) as set forth in Section 8.04.225. Nothing in this provision shall prohibit the county health officer from immediately closing any food establishment if, in his discretion, immediate closure is necessary to protect the public health. SECTION 4. Section 8.04.337 is added to read as follows: Section 8.04.337 Notice -of Closure. "Notice of Closure" means a public notice that may be posted by the county health: officer at a food establishment upon suspension or revocation of the establishment's public health permit and -that results in the immediate closure of the establishment and the discontinuance of all operations of the food establishment, by order of the public health officer, because of violations of applicable federal, state ano local statutes, orders, ordinances, quarantines, rules, regulations, or directives relating to the public health. SECTION S. Section 8.04.405 is added to read as follows: Section 8.04.405 Routine Inspection. "Routine Inspection" means a periodic, unannounced inspection of any business or occupation specified in.Section 8.04.720 to determine compliance with all applicable federal, state and local statutes, orders, ordinances, quarantines, rules, regulations, or directives relating to the public health. A Routine Inspection shall not mean an inspection conducted by the county health officer to determine compliance with a previously issued Food Official Inspection Report or any interim inspection conducted to determine compliance with specific regulations or legal requirements. SECTION 6. Section 8.04.752 is added to read as follows: Section 8.04.752 Posting Requirements - Penalty for Non- Compliance- Documents Available for Public Review. A. Upon issuance by the county health officer, the health officer shall post at every food establishment the Letter Grade Card, the Inspection Score Card, or both, as determined by the county health officer, so as to be clearly visible to the aeneral public and to patrons entering the establishment. "Clearly visible to the general public and to patrons" shall mean: 1. Posted in the front window of the establishment within five (5) feet of the front door; 2. Posted in a display case mounted on the outside front will of the establishment within five (5) feet of the front door; or 3. Posted in a location as directed and determined in the discretion of the county health officer to ensure proper notice to the general public and to patrons. B. In the event that a food establishment is operated in the same building or space as a separately licensed or permitted business, or in the event that a food establishment shares a common patron entrance with such a separately licensed or Permitted business, or in the event of both, the county health officer shall post the Letter Grade Card, the Inspection Score Card, or both, in the initial patron contact area, or in a location as determined in the discretion of the county health officer. C. The Letter Grade Card and the Inspection Score Card shall not be defaced, marred, camouflaged, hidden or removed. It shall be unlawful to operate a food establishment unless the Letter Grade Card, the Inspection Score Card, or both, as determined by the county health officer, is or are in place as set forth hereunder. Removal of the Letter Grade Card, the Inspection Score Card, or both, -is a violation of this chapter and may result in the suspension or revocation of the public health permit and shall be punishable as specified in Section 8.04.930. D. Every food establishment shall post a legibly lettered sign which displays the following information so as to be clearly visible to the general public and to patrons entering the establis4ment: "Any, public health concerns regarding this establishment should be directed to the County of Los Angeles, Environmental Health office located at: (local office address and telephone number to be provided by the county health o fir)." E. The Food Official Inspection Report upon which the Letter Grade Card, the Inspection Score Card, or both, are based and all subsequent reports issued by the county health officer shall be maintained at the food establishment and shall be available to the general public and to patrons for review upon request. -The food establishment shall keep the Food Official Inspection. Report and all subsequent reports until such time as the county health officer completes the next routine inspection of the establishment and issues a new Food Official Inspection Report. SECTION 7. Section 8.04.755 is added to read as follows: Section 8.04.755 Letter Grade Card & Inspection Score Card - Period of Validity. A Letter Grade Card, an Inspection Score Card, or both, shall remain valid until the county health cf`ice_ completes the next routine inspection of the food establishment. SECTION 8. Section 8.04.943 is added to read as follows: Section 8.04.943 Public Health Permit Suspension or Revocation - Notice of Closure A. Upon issuance of a written notice of suspension or revocation of the public health permit by the county health officer,'the health officer shall post a Notice of Closure at the food establishment so as to be clearly visible to the general public and to patrons. B. Upon issuance of the written notice of suspension or revocation of the public health permit by the county health officer, the food establishment shall immediately close to the general public and to patrons and shall discontinue all operations until the public health permit has been reissued or reinstated by order of the county health officer or until the establishment no loner operates as a food establishment. C. The Notice of Closure shall remain posted until removed by the county health officer. 'Removal of the Notice of Closure by any person other than the county health officer or the refusal of a food establishment to close upon issuance of the written notice of suspension of the public health permit is a violation of this chapter and may result in the suspension or revocation of the food establishment's public health permit and shall be Punishable as specified in Section 8.04.930. SECTION 9. Chapter 11.11 is added to read as follows: Chapter 11.11 FOOD HANDLER'S TRAINING CERTIFICATION Section 11.11.010 Definitions. As used in this chapter: A. "Certified Food Handler" means an owner, operator, or any other person at least eighteen (18).years of age who supervises all or part of the food service operations within a Food Ser -Vice Operation and is responsible for training the operation's employees in the areas set forth in Section 11.11.190. At the discretion of the Director, and upon a showing of good cause, the Director may waive the requirement that a Certified Food Handler be at --least --eighteen----J-1-8,)---years-.-of- -age. - - i B. "Department" means the County of Los Angeles, Department of Health Services. C. "Director" means the Director of the Department of Health Services or his duly authorized designee. D• "Food Handler's Training Certificate" means a ce.rtificate issued by the Department, certifying that a Food Handler has satisfactorily demonstrated competency in food protection and practices by passing a written examination administered by the Department or by completing a food handler's training course approved by the Director. E. "Food Service Operation" means any food service business which prepares any potentially hazardous food on the premises for sale or gift to the public and includes but is not limited to all restaurants, markets, bakeries, mobile food preparation units, commissaries, and food processing establishments. F. I�Potenz:ially Hazardous Food" shall mean those foods set forth in California Health and Safety Code section 113845 as it currently exits or hereafter may be amended: Section 11.11.020 Application & Effect. A. Within one (1) year of the effective date of this ordinance, each Food Service Operation as defined in Section 11.11.150 shall have at least one Certified Food Handler on the premises at all times during operating hours. B. Failure to have a Certified Food Service Handler on site at all times during the operating hours of the Food Service Operation and as specified in this section within one (1) year from the effective date of this ordinance shall be grounds for the suspension or revocation of the operation's public health permit pursuant to the applicable provisions of Chapter 8.04 of this Code and shall be punishable as set forth in Section 8.04.930. Section 11.11.030 Procedure for Obtaining a Food Handler's Training certificate. A. Every person desiring certification as a Certified Food Handler shall file with the Department an application for certification, accompanied by an application fee. Upon applicat-ion, each person desiring certification shall provide: 1. Proof of successful completion of a food handler's training course approved by the Department; 2. A food handler's training certificate which indicates passage of an examination developed and administered by The Center for Occupational and Professional Assessment of t^e Educational Testing Service; or 3. Any other food handler's training certificate which, in the discretion of the Director, is ecuivalent to either (1) or ( 2 ) above. B. In the alternative to the procedure set forth in .subdivis}on A, any person desiring certification as a Certified Food Handler, upon payment of an examination fee, may take an examination administered by the Department. The Department shall certify only those persons who receive a score of seventy-five percent (75%) or higher on its examinations. The payment of any examination fee shall be in addition to the application fee set forth in this section. Section 11.11.040 Food Handler s Training course. Any food handler's training course-- taken -v -b - ---- ------ yam— pe�s�z�"ziesring_---- certification as a Certified Food Handler shall be a minimum of four (4) hours in duration. The Bourse of instruction shall include, but not be limited to, -the following subject matter: microorganisms, sources of foodborne illness -microorganisms, foodborne illness, the means by which food is contaminated by microorganisms and toxic substance, the methods for protection of food to prevent foodborne illnesses, personal hygiene for food handlers, proper utensils and equipment washing and sanitizing, and proper receiving and storage of food. Section 11.11.050 Multiple Food Service Operations. Persons who operate more than one Food Service Operation shall be required to have a Certified Food Handler at each operation at all times during operating hours. Section 11.11.060 Exemptions. Food -Service Operations which deal exclusively in non -potentially hazardous prepackaged food and beverages or Food Service Operations required by the Department to have only temporary operating permits shall be exempt fpom the provisions of this chapter. Section 11.11.070 Display of Food Handler's Training Certificate. The Food Handler's Training Certificate shall be posted in a conspicuous place within the Food Service Operation, or in a location designated and approved by the Director. Section 11.11.080 Change of Certified Food Handler. A Certified Food Handler who changes his or her place of employment after obtaining a Food Handler's Training Certificate may display the certificate in any other Food Service Operation in which he or she subsequently is .employed. A Food Service Operation which loses its Certified Food Handler must obtain another Certified Food Handler within thirty days. Section 11.11.090 List of Certified Food Handlers. The Department shall maintain a current list of all Certified Food Handlers within the County of Los Angeles. Section 11.11.100 Expiration. The Food Handler's Training Certificate shall be valid for four (4) years from the date of issuance. Upon the expiration of the Food Handler's Training Certificate, all persons must re -apply for a new certificate according to the procedure set forth in Section 11.11.030. Section 11.11.110 Duplicate Food Handler's Training Certificate. The Director, upon a showing of good cause, may issue duplicate Food Handler's Training Certificates upon payment of a duplicate certificate fee. Section 11.11.120 Revocation of Food Handler's Training Certificate. A. I The Director may immediately revoke any Food Handler's Training- Certificate when anv of the 4- -- Section 11.11.130 Right to Appeal Following Revocation. A. Any Certified Food handler whose certificate has been revoked may make a written request for hearing within fifteen (15) calendar days after receipt of the notice specified in Section 11.11.230 to show cause why the certificate should be reinstated. A failure to request a hearing within fifteen (15) calendar days after receipt 'of the notice shall be deemed a waiver of the right to a hearing. When circumstances warrant, the Director may order a hearing at any reasonable time within this fifteen (15) day period to expedite the certification revocation process. B. The hearing shall be held within fifteen (15) calendar days of the receipt of the request for a hearing. Upon written request of the Certified Food Handler, the Director may postpone any hearing date, if circumstances warrant such action. Metrocolitar. News Enterarise a newspaper printed and published in the County of as Angeles. ATTEST: 'W /' w' t 7I'%-/ I U C €�ecutive Officer - Clerk:If The Board of Supervisors of the County of Los Angeles I hereby certify that at its meeting of December 16, 1997 , the foregoing ordinance was adopted by the Board. of Supervisors of said County of Los Angeles by the following vote, to wit: r Supervisors Gloria Molina Zev Yaroslayskv Don Knabe Mike Antonovich Yvonne Brathwaite Burke Effective Date: January 16, 1998 Xr�i4�g�Yaf�iX I hereby certify that ;nrsnaat to Section 25103 of the Government Code, aeiivery of this document has been made. JOA'VNE STURGES Executive Officer - Clerk of the Board of Supervisors By DEPUTY I-8 2 (Rev 6/97) Noes Supervisors No— ecutive Officer - Cler@of the Board of Supervisors of the County of Los Angeles APPROVED AS TO FORM: DE CLINTON /County Co sel By Raymon . Fortner; Jr. Chief Deputy County Counsel CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO TO: Honorable Mayor and Members of the City Council MEETING DATE: August 4, 1998 REPORT DATE: July 28, 1998 FROM: Terrence L. Belanger, City Manager TITLE: STAFF REPORT ON RECOMMENDATIONS OF THE DIAMOND BAR SOLID WASTE STANDARDS TASK FORCE SUMMARY: The final report of the Solid Waste Standards Task Force (SWSTF) was presented to the City Council on July 21, 1998. The City Council requested staff to evaluate the recommendations and bring back to City Council the assessment of the time and resources required to fully evaluate the SWSTF recommendations. Staff finds that five SWSTF recommendations require additional study, while the rest are already planned for implementation as dictated by the Source Reduction and Recycling Element (SRRE). The five items requiring further study include: variable rates, automated collection featuring a three barrel system, yard waste collection, selecting a single hauler for the single-family residence sector, and extending mandatory service to multi- family residence housing. The time schedule if all studies are selected is estimated at six (6) months with a combined staff and consultant time of approximately 158 hours. RECOMMENDATION: That the City Council review the staff report and provide direction to staff concerning the key findings of the SWSTF. LIST OF ATTACHMENTS: A Staff Report Public Hearing Notification Resolution(s) Bid Specification Ordinance(s) Other tic I tKNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the Resolution, ordinance or agreement been reviewed? N/A _ Yes _ No 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? N/A _ Yes _ No 4. Has the report been reviewed by a Commission? N/A Yes No Which Commission?' - 5. Are other departments affected by the report? N/A Report discussed with the following affected departments: KtVIEWED BY: 4 Terrence L. Bela eJ roes DeStefan avi Dd W.71iu City Manager Deputy City Man er Deputy Director of Public Works Q1WP8WNDAKAW IGEN-WTASKF0.804 CITY COUNCIL REPORT AGENDA NO. MEETING DATE: August 4, 1998 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: STAFF REPORT ON RECOMMENDATIONS OF THE DIAMOND BAR SOLID WASTE STANDARDS TASK FORCE ISSUE STATEMENT: The City Council established a Solid Waste Standards Task Force (SWSTF) to examine how best the City could comply with the goal of 50% diversion by the year 2000 as mandated by the California Integrated Waste Management Act of 1989, or AB 939. The SWSTF presented its report of findings and recommendations on July 21, 1998. The SWSTF Final Report addressed two key questions: 1) what needs to be done in the way of AB 939 programming to achieve the 50% mandate assuming the continuation of the existing solid waste system, and 2) if the 50% mandate is not achievable without changes to the solid waste system, what would the changes consist of? The SWSTF Final Report made several recommendations of which several had far-reaching implications including implementation of variable rates and an automated refuse and recycling collection system. The City Council requested that staff review the recommendations and return to Council with an assessment of the time (schedule) and resources (hours) needed to fully evaluate the critical elements of the SWSTF Final Report. RECOMMENDATION That the City Council review the staff report and provide direction to staff concerning the key findings of the SWSTF. FINANCIAL SUMMARY: Staff estimates a potential cumulative total of 158 hours, of which the consultant is expected to expend up to 88 hours if all aspects described are studied. Current funding derived from AB 939 fees is adequate to meet the demand for such consultant activity. oswnrumn AYt=-WrAW0MN4 City Council Report August 4, 1998 BACKGROUND: Page 2 The City has been engaged since incorporation with development of a practicable solid waste permit system that complies with applicable sanitation standards and recycling mandates while meeting the needs of its residents and businesses. The recycling mandate is the result of enactment of AB 939, the Integrated Waste Management Act of 1989. This law set in motion a complex set of rules that mandate that each jurisdiction in Califomia reduce its waste stream (residential and business sectors) by 25% by the year 1995 and 50% by the year 2000. The City has apparently met the 1995 mandate, and is working to meet the 2000 mandate. Those jurisdictions not complying with the law could be fined up to $10,000 per day. Since enactment, the law has been modified, first to change how compliance is measured, and recently to define °good faith effort" to comply with the law. Also, a recent law (SB 1066) allows jurisdictions to apply for one year extension(s) up to a maximum of five beyond the year 2000, if the jurisdiction has met certain criteria. Among these criteria is the requirement that the Source Reduction and Recycling Element (SRRE), the plan of action required by AB 939, be implemented and current. Through its solid waste and recycling permit system, the City has been able to implement its SRRE in a voluntary fashion keeping cost and inconvenience to a minimum. The City has been able to achieve an unofficial diversion rate of about 30%, which exceeds the short term mandate of 25% by 1995. However, achieving the year 2000 mandate of 50% diversion remains a much more difficult target, not only for Diamond Bar but for many other cities. Principal among the many issues facing the City is that it is obligated by its SRRE to implement a more comprehensive and mandatory -type program for what is called the medium term planning period, years 1996 through 2000. These programs, which include yard waste collection, variable rates, mandatory planning and reporting by businesses, and much more, have the potential to cause higher costs and inconvenience to both residents and businesses. These programs were also adopted almost seven years ago, when circumstances were different, the City was newly incorporated, and it was not facing the imminent closure of nearby landfills. Another factor clouding the issue of what to do is the fact that the City is among a small number of cities who have an open competitive system for collection of residential refuse (of 88 cities in LA County, only Diamond Bar, Hidden Hills, Calabassas, and Malibu have open residential systems). rkN1MO9ft4DA A,M«.9NTAS FMCm. City Council Report Page 3 August 4, 1998 Nearly all cities in LA County either provide for collection or regulate collection activities and rates, however, the City permits any qualifying hauler (we have two at present) to apply for and receive an operating permit. Haulers must indemnify the City against certain liabilities to the amount of $5 million dollars aggregate value, implement programs designed to meet the 25 and 50 percent mandate, and post a compliance bond amounting to $50,000.00 to assure adequate performance of the requirements. However, the City does not regulate rates (haulers are permitted to charge up to their posted maximum rates), and all diversion programs are voluntary. In fact, this has led to a situation where every neighborhood features dual collection (more than one hauler per route) and normally two pick- up days per week. This has caused refuse barrels to be on the street nearly every day in some neighborhoods. This has been the situation since incorporation, however, the need to meet 50% diversion and address looming disposal capacity shortfalls (nearby landfills such as Spadra Landfill are closing) presents a different and perhaps more difficult challenge. Not only may rates increase dramatically, but the certainty of compliance liability is very real if the City chooses to ignore its full menu of options for diversion including waste prevention, composting, intermediate processing, recycling, and the like. As a consequence, the Council wished to re-examine its options in an open atmosphere that incorporated the opinions and insights of residents and businesses alike. To address the issues, the Council determined that it needed to establish a term -limited Task Force that would be composed of representatives from several sectors of the community. To guide the SWSTF through the myriad of technical, environmental, and economic issues, the City also desired an experienced facilitator. The City's Integrated Environmental Services Coordinator, Mr. J. Michael Huls, facilitated the SWSTF meetings, and prepared its final report of findings. This Final Report was presented to the City Council on July 21, 1998. In addition, staff and the City's Integrated Environmental Services Coordinator provided more detailed information about general solid waste and recycling issues so as to place the Task Force and the report in an appropriate context. 'A�U4 City Council Report August 4, 1998 DISCUSSION: Page 4 Staff finds that five SWSTF recommendations require additional study, while the rest are already planned for implementation as dictated by the Source Reduction and Recycling Element (SRRE). The five items requiring further study include: variable rates, automated collection featuring a three barrel system, yard waste collection, selecting a single hauler for the single-family residence sector, and extending mandatory service to multi -family residence housing. It is noted that the recently announced merger of two pemiitted haulers may leave the City with a defacto single -hauler situation for the single-family residential sector, staff recommends study of the situation to provide City Council with its options on the matter. Staff has provided a preliminary evaluation of the recommendations. These are as follows: 1. Implement a variable rate system. In this system, the City will need to work with the permitted haulers in the residential sector to come up with an acceptable way of specifying a common variable rate system. Two or more operational scenarios varying in cost and resources could be developed. Most likely, this will feature an automated system of at least three barrels of a standard size (say, 64 or 96 gallon capacity), and each hauler will provide a rate schedule that identifies the basic charge for service and additional charges as additional barrels for refuse are collected. The City will then need to codify the system so that all permitted haulers implement the same program. For commercial sector customers, the rate structures will need to be revised to require large generators to pay more than they do traditionally. This will require about one month for the haulers to propose their rate structures. It will then take another month for the City to comparatively evaluate the proposed pricing structures and to generate a report of findings. The staff and consultant together will probably require about 50 total hours to gather information, conduct research, and develop the report. This includes about 30 hours of research and coordination to develop background information and comparative analysis on the part of the consultant. The report is expected to generate information about operating variable rate systems, diversion results, cost data, and implementation issues. c1WP"1&9 AiAYV=-WrAS0MC$N City Council Report August 4, 1998 Page 5 2. Implement an automated collection system for single-family residential customers. See above for specifics; it will take about two months to generate a report of findings. Since this report will be part of the variable rate study, the staff and consultant time will be held to about 20 hours. The consultant will spend about 10 hours on this aspect. The report will include information about automated collection systems, the cost of implementation, a review of design parameters, and details about usage and limitations. 3. Implement a yard waste collection program. As part of the automated collection system, the yard waste container will be used for grass clippings and yard debris from single-family homes. It will take about one month to generate a report of findings. It will be implemented as part of the automated collection system, if so favored by Council. This report will take about 4 hours to research and to draft by the consultant along with another 4 hours by staff for review and meetings. The expected output of the report will be a detailed description of the yard waste program including issues of design (such as odor control designs), cost, and material markets, (e.g., altemative daily cover or composting). 4. Extend mandatory recycling service to multifamily residence housing. This will take about four months to develop a working plan because of the need to identify a practicable approach to storing and collecting recyc fables from bin -served apartments. This process will take about 40 hours of staff and consultant time including drafting a report of findings. The consultant will compose about 24 hours. The process will include one or more meetings with multi -family residence tenants, building owners and managers, and associations, recyclers and processors, and refuse haulers; and additional research into current viable systems of storage and transfer, and recycling. 5. Select a single service provider for refuse and recycling for at least the single-family sector. This item will be researched over a six month period as information is obtained about automated collection and variable rates. It will take staff a minimal amount of time as the City now has a defacto situation regarding a single hauler, through the merger of USA and Waste Management Inc. However, there may be issues regarding this including whether the City should conduct open bidding for a service provider, franchise fees, diversion attainment, and rate setting authority, so the City staff and consultant will spend about 40 City Council Report August 4, 1998 Page 6 hours over six months to prepare a report of findings for Council on the matter. The consultant expects to expend about 20 hours on this matter. 6. Other programs: educational outreach, avoiding bans and mandatory provisions, business sector recycling, C&D debris recycling. These programs are already under way. There is no further need to study or research the alternatives. There are five studies possible if all of the research activities are selected by the City Council. Rather than cumulative, the studies can be conducted concurrently. The time schedule if all studies are selected is estimated at six months; individual reports can be prepared as analysis is completed. Total consultant time is estimated at 88 hours, while the combined staff and consultant time is estimated at 158 hours. Please see below for a matrix of probable schedules and level of effort for completion. Prepared by: David G. Liu/J. Michael Huls RESOURCES PROGRAM SCHEDULE CONSULTANT STAFF 1. Variable Rate System 2 Months 30 Hours 20 Hours 2. Automated Collection System 2 Months 10 Hours 10 Hours 3. Yard Waste Collection Program 1 Month 4 Hours 4 Hours 4. Mandatory Recycling for MFR 4 Months 24 Hours 16 Hours 5. Single Service Provider 6 Months 20 Hours 20 Hours 6. Other Programs In Process V I CUMULATIVE TOTAL 6 MONTHS 88 HOURS 70 HOURS Prepared by: David G. Liu/J. Michael Huls CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. `LL' t�' TO: Terrence L. Belanger, City Manager MEETING DATE: August 4, 1998 REPORT DATE: July 15,1998 FROM: Bob Rose, Community Services Director TITLE: Selection of Recreation Services Provider SUMMARY: The extended contract with the City of Brea to provide recreation services in Diamond Bar expires on August 31, 1998. In response to a Request For Proposals (RFP), Diamond Bar has received proposals from the City of Brea and the City of Chino Hills. Diamond Bar staff also developed an in-house proposal as an alternative to contracting with another city for this service. Staff has interviewed each of the proposers and presented the results of the review process to the City Council at a study session on June 16, 1998. Based on the need to provide high quality service at a reasonable cost, staff believes that the City of Brea should continue as the recreation services provider. The City of Brea has provided this service to the Diamond Bar community for the past seven years and continues to provide a quality program. Brea is responsive to the community's needs and has a well developed system established in Brea that provides the necessary staff support to operate this contract successfully. RECOMMENDED ACTION: It is recommended that the City Council select the City of Brea as provider of recreation services in Dimond Bar for the period of September 1, 1998 through June 30, 2001 (3 years). It is further recommended that the City Council direct staff to bring back the proposed contract with the City of Brea to the next City Council meeting for approval. LIST OF ATTACHMENTS: X Staff Report _ Resolution(s) _ Ordinance(s) _ Agreement(s) _ Public Hearing Notification _ Specifications (on file in City Clerk's office) _ Other: EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? Yes X No 2. Does the report require a majority vote? X Yes No 3, Has environmental impact been assessed? Yes X No 4. Has the report been reviewed by a Commission? _ _ Yes X No What Commission? 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: nla REVIEWED BY: i TerrenceLBelange City Manager 4, IL&40 Aw6es- DeStefano Deputy City Manager Community Services Director CITY COUNCIL REPORT MEETING DATE: August 4,1998 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Selection of Recreation Services Provider Issue Statement The extended Recreation Services contract with the City of Brea expires August 31, 1998. The City Council needs to determine the provider of these services beyond August 31. Recommendation It is recommended that the City Council select the City of Brea as the provider of recreation services in Dimond Bar for the period of September 1, 1998 through June 30, 2001 (3 years). It is further recommended that the City Council direct staff to bring back the proposed contract with the City of Brea to the next City Council meeting for approval. Financial Summary The funds necessary to provide recreation services are included in the 1998/99 Fiscal Year General Fund budget. Background The City of Diamond Bar has a contract with the City of Brea for recreation services that is scheduled to expire on August 31, 1998. In order to continue recreation services in Diamond Bar after August 31, it is necessary for the City Council to determine the future provider of these services. The City Council has three options that are available for the provision of recreation services. These options include: a. City of Brea contract b. City of Chino Hills contract C. In -House Diamond Bar program Both the City of Brea and the City of Chino Hills responded to a Request For Proposals (RFP) that the City of Diamond Bar released in January, 1998. City staff submitted an in-house proposal as an alternative to contracting for recreation services. The recreation program that will be offered to the Diamond Bar community under all three options would be essentially the same. Programming includes Contract Classes, Youth and Adult Sports, Tiny Tots, Summer Day Camp, Bus Excursions for Youth and Teen Leadership Training. The cost for each of the options is as follows: City Council Report Recreation Services Meeting Date: August 4, 1998 Page 2 Expenditures City of Brea $518,530 City of Chino Hills $454,368 In -House Diamond Bar $596,844 Revenue Net Cost $327,306 $191,224 $334,051 $120,317 $347,806 $249,038 A brief review of each of the options follows. This information was presented to the City Council at study session on June 16,1998. Cft of Brea The City of Brea has successfully provided recreation services in Diamond Bar for the past seven years. Brea has consistently offered quality programming and service in Diamond Bar during this time with well qualified staff. Brea has been very responsive to the needs of the Diamond Bar community and reacts quickly to requests for additional programming. As a full-service city, Brea has the staff necessary to support the recreation contract Brea has a personnel depart hent to complete staff recruitments, a purchasing department to purchase equipment and supplies and a central services department to print promotional flyers. Brea has been contracting its services to other cities for over twenty years and the concept has been embraced by city management as well as the City Council. City of Chino Hills Although this is the least expensive option available, Chino Hills has never provided recreation programming to another community. Chino Hitls is a relatively new City, having incorporated in 1991. There is limited staff support from other departments available for the recreation contract. The purchasing function is handled by a single manager and the printing of promotional flyers will have to be contracted to private businesses. Chino Hills is proposing to conduct some programs in Diamond Bar that is does not provide to its own residents. The youth baseball and basketball programs that are proposed for Diamond Bar are not offered in Chino Hills. The Chino Hills City Council did vote unanimously to support the submission of the recreation services proposal to Diamond Bar. In -House Diamond Bar This is the most expensive option available. With limited support staff from other departments available, the adnirdstrative recreation staff is proposed as full-time positions. This is the primary reason for the high cost Also, it is not known how much impact an in-house recreation program will have on the rest of the City organization. Staff recruitment will be held throughout the year to maintain a staff of 20 to 30 recreation employees. The Finance Department will be impacted with more paperwork to process because of additional purchase orders, warrants and time cards. There has been support from the community expressed for an in- house program, even with its high cost. Discussion Section II C. of the RFP for Recreation Services states that the City Council is not obligated to award a contract to the low proposer. It states that other considerations will include satisfactory performance under other contracts and evidence that demonstrates which proposer would provide the most effective and reliable service to the City of Diamond Bar. This is consistent with the City's purchasing ordinance which states that contracts for professional services, which is what the Recreation Services contract is, should consider the quality of City Council Report Recreation Services Meeting Date: August 4,1998 Page 3 service, not only the cost. After careful review of these options available, City staff believes that the option most beneficial to the City of Diamond Bar is to award the Recreation Services contract to the City of Brea. Over the years, Brea has proven itself to be a quality provider of this service. Also, Brea has the support system necessary to assure quality service to Diamond Bar for this contract. The RFP for Recreation Services states that Diamond Bar intends to award a contract for a three year term, with a 120 day notice for early termination. Should the City Council determine that one of the other options is in the best interest of the City, staff recommends that the effective date be stated as January 1, 1999. That would give ample time for the provider to Ply pfepare i1selffor the delivery of these services. In this scenario, Brea would be offered a final four (4) month extension on their contract to provide service for the period of September 1 through December 31, 1998. Prepared by: Bob Rose Community Services Director CITY OF DIAMOND BAR AGENDA REPORT AGENDA N0. TO: Terrence L. Belanger, City Manager MEETING DATE: August 4,1998 REPORT DATE: July 29,1998 FROM: Bob Rose, Community Services Director TITLE: Extension of Existing Recreation Services Contract with the City of Brea SUMMARY: This agenda item will not be necessary if staffs recommendation for Agenda Item A is approved by the City Council. If City Council approves an alternative available in item A, it will be necessary to contract with the City of Brea until December 31, 1998 (four additional months), as a transition period for the method of providing recreation services. The proposed four month contract extension with Brea will cost $160,297 and generate $107,947 in revenue. The four month extension will be added to an existing 12 month contract that already has a four month extension. Approval of a new four month extension to this contract will result in a twenty month contract (May 1, 1997 through December 31, 1998) for total expenditures of $737,255 and revenues of $516,311, resulting in a net cost of $220,944. RECOMMENDED ACTION: It is recommended that the City Council authorize a contract extension with the City of Brea to provide recreation services in Diamond Bar through December 31, 1998, for a total contract amount of $737,255 (May 1, 1997 through December 31, 1998 - a total period of 20 months). UST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification _ Resolution(s) _ Bid Specifications (on file in City Clerk's office) _ Ordinance(s) X Other: Current 3 year contract X Agreement(s) Proposed Four Month Contract Extension Letter of Agreement for 1997198 Existing Four Month Contract Extension EXTERNAL DISTRIBUTION: City of Brea SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? X Yes _ No 2. Does the report require a majority vote? X Yes _ No 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? X Yes No What Commission? Parks & Recreation 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: REVIEW BY; Terrence L. Belanger(I6)4sDeStefano Bob ose City Manager Deputy City Manager Community Services Director CITY COUNCIL REPORT MEETING DATE: August 4,1998 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Extension of Existing Recreation Services Contract with the City of Brea Issue Statement This agenda item will not be necessary if staffs recommendation for Agenda Item A is approved by the City Council. The extended Recreation Services Contract with the City of Brea expires August 31, 1998. Approval of this item will extend the contract with Brea through to December 31, 1998 (four addtional months). This time will serve as a transition period for the method of providing recreation services in Diamond Bar. Recommendation It is recommended that the City Council authorize a contract extension with the City of Brea to provide recreation services in Diamond Bar through December 31, 1998, for a total contract amount of $737,255 (May 1, 1997 through December 31, 1998 - a total period of 20 months). Financial Summary The total projected revenues will increase from $408,364 to $516,311 to off set the cost of operating this contract. Net cost to the general fund for the entire 20 months (May 1, 1997 - December 31, 1998) that the extended contract will cover will be increased from $168,595 to $220,944. Background The City Council awarded a three-year contract to the City of Brea to provide recreation services for the Dimond Bar community on April 18, 1995. Earlier this year, the City Council extended the existing contract for four months through August 31, 1998. An additional four month extension to December 31, 1998 will be necessary to serve as a transition period should City Council select another alternative for providing recreation services in Diamond Bar. Discussion The City of Brea has submitted a proposal for the four month extension for a total cost of $160,297. The existing contract, plus previous extension, is for $576,958. When extended an additional 4 months, the total contract amount will be $737,255. Total revenue for the contract extension will be $107,947. This brings the total revenue for the 20 month contract (one year plus two four month extensions) to $516,311. The net cost for the 20 month contract will be $220,944. Prepared by: Bob Rose, Community Services Director Diamond Bar Recreation Services Proposal September 1, 1998 - December 31, 1998 Expenditures Exhibit "A" July 21, 1998 Administration Subtotal: Benefits $52,286 Mileage 12882 Training/Memberships 410 Contract Classes 664 Adult Sports 25,000 Youth Sports 19,898 Tiny Tots 821 15,464 Total Revenue Projection: $107,947 Subtotal: $127,425 22% Overhead: 28,034 Liability Insurance: 4,166 Total Contract Costs: $159,625 Revenue Projections Contract Classes Adult Sports $45,720 Youth Sports 18,942 Tiny Tots 15,285 28,000 Total Revenue Projection: $107,947 Diamond Bar Recreation Services Proposal - September 1, 1998 - December 31, 1998 Page 2 Administrative Community Services Supervisor (FT/18 weeks) $17,859 (Overtime 30 hrs x $34.35) 1,030 Community Services Specialist I/Contract Classes (PT Regular) 8.807 (32 hrs per wk x 18 wks x $15.29/hr) Community Services Specialist I/Youth and Adult Sports (PT Regular) 9,633 (35 hrs per wk x 18 wks x $15.29/hr) Community Services Coordinator/Youth and Adult Sports (PT Regular) 3,899 (20 hrs per wk x 18 wks x $I0.83/hr) Administrative Clerk I (PT Regular) 7,026 (30 hrs per wk x 18 Wks x $13.01 /hr) Administrative Clerk I/Front Counter Receptionist (PT Intermittent) 4,032 (20 hrs per wk x 18 wks x $11.20/hr) Total Administrative Costs: $52,286 Benefits Full Time Staff PERS Medicare Flex Benefits Vacation Accrual Sick Leave Accrual Worker's Compensation Part Time Staff PERS Medicare Vacation Accrual Sick Leave Accrual Worker's Compensation Liability Insurance $1,511 293 2,468 612 733 705 Total Full Time Staff Benefits: $6,322 $ 0.00 906 1,903 2,276 1,475 Total Part Time Staff Benefits: $6,560 $4,167 Total Liability Insurance: $4,167 Diamond Bar Recreation Services Proposal - September 1, 1998 - December 31, 1998 Pana Mileage Administration (40 miles/wk x $0.325/mile x 18 wks) $234 Contract Classes (15 miles/wk x $0.325/mile x 18 wks) 88 Youth and Adult Sports (15 miles/wk x $0.325/mile x 18 wks) 88 Total Mileage: $410 Training/Membershinc CPRS Conference - Santa Clara a. Registration (1 at $199) 199 b. Travel/Air Fare - San Jose 200 SCMAF Membership (3 at $25/each) 75 SCMAF Sports Institute ( 3 at $30/each) 90 Miscellaneous Staff Training 100 Total Training/Memberships: $664 Diamond Bar Recreation Services Proposal - September 1, 1998 - December 31, 1998 Page 4 Contract Classes Provide a variety of fee based classes and instruction for Tots, Youth, and Adults encompassing Sports, Dance, Music, Computers, Special Events, Martial Arts, Arts and Crafts, Enrichment, and Fitness. Facilities are available through the City, Homeowner's Associations, and Joint Use Agreements with Walnut Valley and Pomona Unified School Districts. Revenue Contract Classes Administration Fee $5 x 1144 participants Expenditures Contract Class Instructors $30,000 x 60% $10,000 x 70% $40,000 5,720 Total Revenue: $45,720 $18,000 7,000 Total Expenditures: $25,000 Diamond Bar Recreation Services Proposal - September 1, 1998 - December 31, 1998 Page 5 Adult Athletics Participant Estimates: Basketball: Volleyball: Softball: Adult Men's Basketball 12 teams/ 144 participants 6 teams/72 participants 18 teams/270 participants League provides three levels/divisions of competitive play. Round robin leagues are 11 weeks long consisting of one practice and ten league games. Leagues run all year round. Officials are contracted by the Recreation Department. A team trophy and individual awards are given to the first place team and the second place team receives a team trophy. Revenue 12 teams x 1 league x $450 team $5,400 Revenue was taken for summer league under May -August extension Total Revenue: $5,400 Expenditures Senior Leader (office) 7 wks x 2 hrs/wk x 1 league x $8.52 hr 8 wks x 2 hrs/wk x 1 league x $8.52 hr $119 Senior Leader (on-site/supervisory) 136 7 wks x 7 hrs/wk x 1 league x $8.52 hr 8 wks x 7 hrs/wk x 1 league x $8.52 hr 418 Leader (scorer/timer) 477 7 wks x 7 hrs/wk x 1 league x $7.33 hr 8 wks x 7 hrs/wk x 4 leagues x $7.33 hr 359 Officials 411 7 games/wk x 6 wks x 1 league x 2 officials x $21/game 1,764 8 games/wk x 6 wks x 1 league x 2 officials x $21/game 2,016 Total Expenditures: $5,700 Adult Coed VolleyWi Coed volleyball league provides an 11 week round robin format of play consisting of one practice and ten league games . Leagues run all year round and officials are contracted by the Recreation Department. A team trophy and individual awards are given to the first place team and the second place team receives a team trophy. Diamond Bar Recreation Services Proposal - September 1, 1998 - December 31, 1998 Page 6 Coed Volleyball (cont) Revenue 6 teams x 2 leagues x $230 team $2.760 Total Revenue: $2,760 Expenditures Officials 3 matches/wk x 11 wks x 1 league x 1 official x $19/match $627 3 matches/wk x 3 wks x 1 league x 1 official x $19/match 171 Setup/Take down 11 wks x 1 league x 1 official x $10/wk 110 3 wks x I league x 1 official x $10/wk 30 Senior Leader (on-site/supervisory) 11 wks x 3 hrs/league x 1 league x $8.52/hr 281 3 wks x 3 hrs/league x 1 league x $8.52/hr 77 Total Expenditures: $1,296 Adult Softball Leagues are available for men's teams on Wednesday nights and Sundays. Coed leagues are offered on Sundays. League play is an 11 week round robin format consisting of one practice and ten league games. Leagues run all year round utilizing contracted officials from Tri -County. A team trophy and individual awards are given to the first place team and the second place team receives a team trophy. Revenue 8 teams x 1 league x $399 team - Wednesday $3,192 10 teams x 1 league x $399 team - Sunday 3,990 Total Revenue: $7,182 Expenditures Senior Leader (office) 18 Wks x 3 hrs/wk x 1 league x $8.52 hr $460 9 Wks x 3 hrs/wk x 1 league x $8.52 hr 230 Senior Leader (on-site field prep/supervisory) 18 Wks x 11 hrs/wk x 1 league x $8.52 hr 1,687 9 Wks x 11 hrs/wk x 1 league x $8.52 hr 844 Diamond Bar Recreation Services Proposal - September 1, 1998 - December 31, 1998 Page 7 Adult Softball (cont) Expenditures (cont) Leader (scorer) 18 wks x 10 hrs/wk x 1 league x $7.33 hr $1.320 9 wks x 10 hrs/wk x 1 league x $7.33 hr Officials 660 18 wks x 9 games x 1 league x $21/game 3,402 9 wks x 9 games x 1 league x $21/game 1,701 Total Expenditures: $10,304 Adult Soccer - Lorbeer Middle or Pantera Park Fall league only. League format will be one practice game and 10 league games. A team trophy and individual awards are given to first place team and the second place team receives a team trophy. Officials will be contracted by Diamond Bar Recreation staff. Revenue 8 teams x 1 league x $450 team $3,600 Total Revenue: $3,600 Expenditures Senior Leader (on-site field prep/supervisory) 11 wks x 8 hrs x $8.52 hr $750 Officials 11 wks x 4 games x 1 league x 2 officials x $21 /game 1,848 Total Expenditures: $2,598 Diamond Bar Recreation Services Proposal - September 1, 1998 - December 31, 1998 Page 8 Youth Sports Participant Estimates Basketball: 24 teams/240 participants Youth Basketball - South Point Middle School/Boys and Girls 4- 8 yrs Designed to teach fundamentals and skills and emphasize team work and fun. Ten week program with games once a week. Shirt, shorts, and trophy provided to participants. Volunteer coaches are utilized and Recreation Department staff officiate league games. Reduced fee reflects $5.00 discount for additional child in same family. Revenue 225 participants x $64 each $14,400 15 participants x $59 each 885 Total Revenue: $15,285 Expenditures Coaches Training Senior Leader 8 hrs x $8.52 hr $68 Skills Day Senior Leader 5 hrs x $8.52 hr 43 Leader Shrs x$7.33hr 37 Draft Senior Leader 4hrs x$8.52hr 34 Practices/Set-up Senior Leader 3 wks x 5 days x 5 hrs/day x $8.52 hr 639 Total Expenditures: $821 Officials and scorers expenditures are not reflected as the league will not start until January. Diamond Bar Recreation Services Proposal - September 1, 1998 - December 31, 1998 Page 9 Tiny Tots Fall/Pantera - 12 weeks Revenue 20 participants. x $246 Q. days - MWF mornings) $4,920 20 participants x $174 (2 days - MW afternoons) 3,480 Total Revenue: $8,400 Expenditures CS Specialist I - Administrative 8 hrs x $14.54 hr x 13 weeks $1,512 Senior Leader 20 hrs x $8.52 hr x 13 weeks 2,174 Leader 20 hrs x $7.35 hr x 13 weeks 1,911 Total Expenditures: $5,597 Fall/Heritage - 12 weeks Revenue 40 participants x $246 (3 days - MWF mornings and afternoons) 40 participants x $174 (2 days - T/Th mornings and afternoons) Total Revenue: Expenditures CS Specialist I - Administrative 6 hrs x $14.54 hr x 13 weeks Senior Leader 30 hrs x $8.52 hr x 13 weeks Leader 2 staff x 19 hrs x $7.35 hr x 13 weeks $9,840 6,960 $16,800 $1,134 3,323 3,621 Total Expenditures: $8,078 Holiday Workshop Sessions/Pantera and Heritage - 2 weeks Revenue 40 participants x $35 x 2 wks $1,400 Total Revenue: $1,400 Diamond Bar Recreation Services Proposal - September 1, 1998 - December 31, 1998 Page 10 Expenditures CS Specialist I - Administrative 8 hrs x $14.54 hr $116 Senior Leader 50 hrs x $8.52 hr 426 Leader 50 hrs x $7.35 367 Total Expenditures: $909 Holiday Workshop Sessions/Heritage - 2 weeks Revenue 20 participants x $35 x 2 wks Expenditures CS Specialist I - Administrative 6 hrs x $14.54 hr Senior Leader 50 hrs x $8.52 hr Leader 50 hrs x $7.33 $1,400 Total Revenue: $1,400 $87 426 367 Total Expenditures: $880 Diamond Bar Recreation Services Proposal - September 1, 1998 - December 31, 1998 Page 11 City of Diamond Bar Budget 1998-1999 Equipment/Supplies List Adult Basketball Basketballs -14 $80 First aid Awards - 12 @ $8.75 x 3 divisions x 1 league Trophies - 6 @ $15 x 1 league SCMAF team registration - 12 @ $7 Staff shirts - 2 @ $10 Staff sweatshirts - 2 @ $12 Adult Coed Volleyball Volleyballs - 1 @ $50 First aid Awards - 12 @ $8.75 x 1 league Trophies - 2 @$15 x 1 league SCMAF team registration - 6 @ $7 Staff shirt - l @ $10 Staff sweatshirt - 1 @ $12 Subtotal: Subtotal: Adult Softball Softballs - 10 @ $4.50 x 15 weeks Awards 16 @ $8.75 x 3 divisions x I league Bases Chalk - 10 bags x $5.50/bag Trophies - 6 @ $15 x 1 league First aid SCMAF team registration - 18 @ $7 Staff shirts - 2 @ $10 Staff sweatshirts - 2 @ $12 Adult Soccer - 8 Teams Soccer balls - 2 @ $30 First aid Awards - 18 @ $8.75 x 1 league Trophies - 2 @ $15 SCMAF team registration - 8 @ $7 Staff shirt - 1 @ $10 Staff Sweatshirt - 1 @ $12 Subtotal: Subtotal: Adult Sports Total: $80 40 315 90 84 20 24 $653 $50 40 105 30 42 10 12 $289 $675 420 120 55 90 40 126 20 24 $1,570 $60 40 158 30 56 10 12 $366 $2,878 Diamond Bar Recreation Proposal - September 1, 1998 - December 31, 1998 Page 12 Youth Basketball - 240 Participants Basketballs - 15 @ $5.25 Shirts - 240 @ $6 Shorts - 240 @ $6.25 Trophies - 240 @ $3.50, 48 @ $5.75 Equipment Portable hoops - 2 First aid Fingerprinting 48 @ $35 Staff shirts - 3 @ $10 Staff sweatshirts - 3 @ $12 Tiny Tots E _Uipment/supplies Furniture Craft Supplies Equipment $79 1,440 1.500 1,116 210 3.000 40 1,680 30 36 Total: $9,131 $1,000 500 500 Tiny Tot Total: $2,000 co O) OD N n L V C 0 a O U O V C d O � W d m m wU °ao M — cu 0 O c U - >- E c M i-- Ec U U E (`c a (D m N V 0 c O' O 0) E 0) 0 r y - 0 V- a O O N M OD OD M n r N (D r Q M U N 0 r O N CV V 00 00 r co M f- co O O con O CO CO r r O O OD 00 In V O V r CO V r _M M V 0) C V 0 N NCA N ('7 Cn V N N N Nod M I= r a, T LU a i1i a (L a �_ In r a co 0) (D N O .- N V O CO M MM 00 O y E (O M O N N V O N N CO V) o (D co M V .If O 0 O M CO) co co 00 co V0 O Cn Ln N (O l[) N ao r N O N 00 0 M N N N CO O 3 r E CO m r -CL = Q�HZ-� m c c c C14- M Y> 3 N 00 N r N n N r V m M O N V Cn 0 0 N V CO N cn O 00 n n fl- r N _V m CD M n Q N n N Z m N N M 05 O CD N N N M O0 r y V N J V r CV CO _N O fh M 0 Oo n n Cl) n r r r OD O) a `n of n CM c O A O O Cn CD r CO co N CD Ln OD V coLO V n fl- O fl - 10 ` CD in O a O) V U) N V fn n r r CD CO O r COO M O (A O O N N n ti V M- Z co N (D O V O CD CO t0 V m Q O O n O M O O) co N r N V (O co O 0) O) r 0 OD V L 0) V O F- V V M N V Cl) to co V 0)r V 0) d) M M .- 00 CO O V N O L' 01 O Cl) O 0) r V 0) O n r N N f� V OD M CD CO M0 O N O N CY) 7 V CD N r N CD N N OM N N N N M O Cn V Cn r S3 O o d Cr: O O w C O 06 co O m v V N CV cc n 000 0) CM Cn O v M N O 0) 0) n O C? p O CD do, n (O 0) V n N C) f� C� (+D M co N n co U') d r M r N co to n V LLI O O IL (o LO 000LI) to Oo V 000000 V CD w M N N O n CO N OD O 00 Nn N N L U) .- .` M Cn N CV N CD Cl) CA 00 00. r OD Cn 0) T n CO O N N 00 V V N V V n W 0) n n n N co co Cn r 00 0) n CO N 0) CA r n (n V CD N N Cb N N V M N N r- O O r V N Q) M N C0 M V O N N In C() CC) m y N OD Cn Cl) O OD Cn N N Cn M M M N Cn O 00 n Cl) N V r 00 00 n n n LO m N — r V> EA Vi EA V) V) (A V) V). 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Vi Vi Vi Vi NwU w O O Cn CO ti'VV Cl) OD O O (O O O O O N N CD 00 O V V r r n r- V 0 CD W V V M CO N N LLLL O 0 w M I= Of a, T LU a i1i a (L a �_ O� a ao F -►-moi- a i owmwm w ►- F- F - F- -SI-- a r rias (LLL 0r Ord CL CL CL a_ N CO ° y m U Q H cc m m -= = 5 C c 'DO m y CL c C 0- p. 4 m N N :3 c co � UZI E CO m r -CL = Q�HZ-� m c c c J a H ��8 MCc �I� O m - t� m �uiHZ�Z D mem a `�o�F-� o `? yom m cE0•° m00d c U a� m J=ViJ c 3° E rn�mmm `n of ocow<(L �JJJ 1= > N X rn co 0) ts C O U m d •c eo d rn Date of Request May 5, 1998 Clt Of B LDUB Exhibit "B" a Description For Finance Use Only Customer Number Customer Name City of Diamond Bar Mailing Address 21660 Copley Drive, Ste. 100 Invoice Number Diamond Bar, CA 91765 Offset Account Offset Account A/R Type Code To the Attention of Finance De artment A/R Type Code Sequence Quantity Description Total Price Per the Diamond Bar Agreement for Recreational Services 1997-1998 Ninth Anniversary Celebration - March 24, April 18 and 19, 1998 Expenditures: 3/24/98 Worker $5.88 x 4 hrs/flyers = $24 $24 4118/98 Worker $6 x 5 hrs = $30 Worker$5.88 x 17 hrs = $100 $30 - $100 � 4/19/98, Worker $5.88 x 37 hrs = $218. Specialist $14.91 x 12 hrs = $179 $218 ` $179 Credit Account Amount Credit AccountAmo t 110-400 0118-4112 $551 110-115-1000-1119 $121 Subtotal $551 d by: ,n Dept./Div./Prgm. Approved By: ked 22 %Overhead $121 Total $672 Owens s'' Community Services/Leisure Services Carol Herrera Mayor Wen Chang Mayor Pro Tem Eileen R. Ansari Council Member Robert S. Huff Council Member Deborah H. O'Connor Council Member Recydedpaper July 29, 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 (BBS): (909) 860-5463 Frank Benest, City Manager City of Brea Number One Civic Center Circle Brea, CA 92621 Re: Recreation Services Contract Extension Dear Mr. Benest: The City of Diamond Bar is interested in an additional extension of the Recreation Services Contract with the City of Brea. The term of the extension is for four (4) months. Conditions of the extension have been negotiated and include the following: a. Term of extended contract will begin on September 1, 1998 and shall continue until December 31, 1998, a period of (4) months, unless previously terminated. b. Exhibit "A", dated July 21, 1998, describes services that shall be provided by the City of Brea for payment of $159,625 Revenue is projected to total $107,947. C. Exhibit "B" dated May 5, 1998, describes Brea' support of the 9th Anniversary Celebration with expenditures of $672. Per negotiations, both agencies have agreed to the following: The City of Brea agrees to: Manage, supervise and administer the provision of services described in Exhibits "A" and "B" for the contract amount of $160,297 and projected revenues of $107,947. City of Diamond Bar September 1 - December 31, 1998 Letter of Understanding - Recreation Services Contract Extension The City of Diamond Bar agrees to: Include in its budget $14,010 to pay for equipment and supplies to support the various programs and activities. In addition, to reimburse the City of Brea for all costs plus 22% overhead, for the purchase of program equipment and supplies. 2. Compensate the City of Brea for all costs of vacation, compensation time and sick leave accrued by employees in the event resignation or termination occurs during the May 1,1997, through December 31, 1998, term of this contract and extension. 3. Compensate the City of Brea for all "Memorandum of Understanding', salary and benefits and increases that may occur during the term of the provision of services. This Letter of Understanding shall operate in conjunction with the provision of the Agreement except where inconsistent, in which event this Letter of Understanding shall govern. All other terms of the Agreement shall remain in effect during the term thereof. Each party to this Letter of Understanding acknowledges that no representation, statement or promise by any party which is not embodied herein or in the Agreement shall be valid and/or binding. Any modification of this Letter of Understanding shall be effective only if it is in writing and signed by both parties. The City of Diamond Bar looks forward to continuing its relationship with the City of Brea. Sincerely, Bob Rose Director of Community Services City of Diamond Bar 2 Letter of Understanding - September 1 - December 31, 1998 Recreation Services Contract Extension By signing below, the parties agree to the above terms, Mayor, City of Brea Attest: Date Mayor, City of Diamond Bar City Clerk, Date City of Brea City of Diamond Bar 3 September 1 - December 31, 1998 Attest: Date City Clerk, Date City of Diamond Bar Letter of Understanding - Recreation Services Contract Extension City of Diamond Bar 21660 E. Copley Drive, Suite 100 • Diamond Bar, CA 917654177 (909) 860-2489 - Fax (909) 861-3117 Internet: h"p://www.ci.diamond-bar.ca.us - City Online (BBS): (909) 860-5463 March 12,1998 Frank Benest, City Manager City of Brea Number One Civic Center Circle Brea, CA 92621 Re: Recreation Services Contract Extension Dear Mr. Benest: The City of Diamond Bar is interested in extending the Recreation Services Contract with the City of Brea. The term of the extension is for four (4) months. Conditions of the extension have been negotiated and include the following: a. Term of extended contract will begin on May 1, 1998 and shall Carol Herrera continue until August 31, 1998, a period of (4) months, unless Mayor previously terminated. Wen Chang b. Exhibit "A", dated February 27,1998 and revised March 10, Mayor Pro Tem 1998, describes services that shall be provided by the City of Eileen R. Ansari Brea for payment of $177,801. Revenue is projected to total Council Member $143,599. Robert S. Huff C. Exhibit "B" dated September 10, 1997, describes a summer teen Council Member program with expenditures of $322.25 and actual revenue of Deborah H. O'Connor $495. Council Member d. Exhibit "C" dated March 10, 1998, describes a "Pirates In The Park" activity with expenditures of $258 and projected revenue of $300. e. Exhibit "D" dated February 17, 1998, describes a "Youth Indoor Soccer" program with expenditures of $8,386 and projected revenue of $8,400. City of Diamond Bar 1 Letter of Understanding - Recreation Services Contract Extension with the City of Brea R-yded paper Per negotiations, both agencies have agreed to the following: The City of Brea agrees to: Manage, supervise and administer the provision of services described in Exhibits "A", "B", "C" and "D" for the contract amount of $186,767.25 and projected revenues of $152,794. The City of Diamond Bar agrees to: Include in its budget $51,620 to pay for equipment and supplies to support the various programs and activities. In addition, to reimburse the City of Brea for all costs plus 22% overhead, for the purchase of program equipment and supplies. 2. Compensate the City of Brea for all costs of vacation compensation time and sick leave accrued by employees in the event resignation or termination occurs during the May 1, 1997, through August 31, 1998, term of this contract and extension. Compensate the City of Brea for all "Memorandum of Understanding', salary and benefits and increases that may occur during the term of the provision of services. This Letter of Understanding shall operate in conjunction with the provision of the Agreement except where inconsistent, in which event this Letter of Understanding shall govern. All other terms of the Agreement shall remain in effect during the term thereof. Each party to this Letter of Understanding acknowledges that no representation, statement or promise by any party which is not embodied herein or in the Agreement shall be valid and/or binding. Any modification of this Letter of Understanding shall be effective only if it is in writing and signed by both parties. The City of Diamond Bar looks forward to continuing its relationship with the City of Brea. Sincerely, Bob Rose Director of Community Services City of Diamond Bar 2 Letter of Understanding - Recreation Services Contract Extension with the City of Brea By signing below, the parties agree to the above terms, Maya, Date City of Brea Attest: i 1 >✓�r✓-'C ity Clerk, Date City of Brea �,--, q -1s- 51 Mayor, Date City of Diamond Bar Attest: City Clerk, Date City of Diamond Bar City of Diamond Bar 3 Letter of Understanding - Recreation Services Contract Extension with the City of Brea Ai � r CA ��FORNIA City of Brea June 12, 1997 Terry Belanger City Manager City of Diamond Bar 21660 E. Copley Drive, Suite 100 Diamond Bar, CA 91765-4177 Re: Letter of Understanding for Recreation Services to the City of Diamond Bar in 1997/98 Dear Terry: This correspondence shall serve as the official Letter of Understanding between the City of Brea and the City of Diamond Bar for the provision of Recreation Services in 1997/98. It is submitted according to the guidelines established in the April 18, 1995, Agreement for Recreation Services (Agreement hereinafter) and per previous negotiation meetings and discussions. This Letter of Understanding is intended to modify the terms of the Agreement with respect to the scope of, and payment for, recreational services to be provided by the City of Brea. Enclosed you will find the City of Brews 1997/98 Recreation Services in the amount of $390,191, which includes a revenue projection of $25,Proposal, m ar it "A," fees. The proposal requires monthlyParticipant 30, 1998, Payments of $32,516 for the May 1, 1997, through April period of services,. The May/June 1997 monthly payments will be invoiced and future monthly payments adjusted accordingly to ensure the $390,191 proposal figure is maintained. Per negotiations, bothr.agencies have agreed to the following: The City of Brea agrees to: 1 • Manage, supervise and administer the provision of youth and adult sports Programs, along with a wide variety of recreation classes, Summer Day Camp, Youth excursions, staff .support for the Annual Birthday Celebration, Ranch Festival, Summer Concerts in the Park and the monthly Park and Recreation Commission meetings. The City of Diamond Bar agrees to: 1. Include in its 1997/98 budget $65,833 to pay for equipment and supplies to support the various programs and activities. In addition, reimburse the City of Brea for all costs plus 22 percent overhead, for the purchase of program equipment and supplies. City Council Glenn G. Parka Lynn Daucher Burnie Dunlap Bev Pe Mayor mayor Pro Tem Councilmemlxr rry Marty Simonoff Civic 6c Cultural Center 0 !v Councilmember Councilmember Number One Civic Center Circle • Brea. Calif rnia 9�R�t _m� .171.4 loon Terry Belanger, City Manager Ci of Diamond Bar page 2 June 12, 1997 2. Compensate the City of Brea for all costs of vacation compensation time and sick leave accrued by employers in the event resignation or termination during the May 1, 1997, through April 30, 1998, term of this letter. occurs 3• Compensate the City of Brea for all ~Memorandum of Understanding," salary and benefits and increases that may occur during the term of the 1997/98 provision of services. This Letter of Understanding shall operate in conjunction with the provision of the Agreement except where inconsistent, in which event this better of Understanding shall govern. th terms of the Agreement shall remain in effect during the term thereof. Each Letter of Understanding acknowledges that no partyorris b this Party, which is not embodied herein or in the Agree station, statement or promise by any modification of this Letter of Understanding shall effective sh be only all fa and/or � binding.Any signed by both parties. If you find these terms to be acceptable, please cause the enclosed Understanding to be executed below where appropriate b copy of the Letter of representative of the City of Diamond Bar and return said copy to the underlianother p ed. Letter of Understanding snail become effective as of the date it becomes �y executed b City. of Brea and the City of Diamond Bar,Y the Thank you for your cooperation. With aualicv anti r.�,.....:_.�_ fitenn Parker, Mayor CITY OF BREA We look forward to providing the Diamond Bar community tion programs and services. City of Diamond Bar agrees to the foregoing terms. v� City of Diamond Bar Date: �4/ Attachment cc: Frank Benest, City Manager 't0:1r. j�►o,,.m,em„�di.meabr. tr RECREATION SERVICES AGREEMENT This Agreement is made and entered into this 18th day of ril 1995, between the CITY OF DIAMOND BAR, a Municipal Corporation (hereinafter referred to as "DIAMOND BAR") and the CITY OF BREA, a Municipal Corporation (hereinafter referred to as "BREA") A. $ecitalg. (i) BREA has heretofore provided DIAMOND BAR with certain recreational services. (ii) DIAMOND BAR now desires to again retain BREA to perform such services, including advice and assistance to DIAMOND BAR, DIAMOND BAR's City Council, Parks and Recreation Commission and staff, necessary to implement a recreational program in DIAMOND BAR, for a three (3) year period. (iii) BREA represents that it is qualified to perform such services and is willing to perform such services as hereinafter set forth. NOW, THEREFORE, it is agreed by and between DIAMOND BAR and BREA as follows: 1. Definitions: The following definitions shall apply to the following terms, except where the context of this Agreement otherwise requires: (a) EWidm: The Provision of recreation services described in Exhibit "A" hereto including, but not limited to, programs, policies, athletic programs, classes, summer day camp, Adult excursions, picnic and athletic facility reservations, support of community activities and attendance at Park and Recreation Commission meetings as requested. City of Diamond Bar Recreation services Agreement (b) s: Such services as are reasonably necessary to be performed by BREA in order to implement the Project. 2. BREA agrees as follows: (a) BREA shall forthwith undertake to implement the Project in accordance with Exhibit "A" hereto and all in accordance with Federal, State and DIAMOND BAR statutes, regulations, ordinances and guidelines, all to the reasonable satisfaction of DIAMOND BAR. (b) BREA shall, at BREA's sole cost and expense, secure and hire such other persons as may, in the opinion of BREA, be necessary to comply with the terms of this Agreement. All such persons shall be employees of BREA, and DIAMOND BAR shall not be responsible for the payment of wages, benefits, or any other form of compensation for such persons. In the event any such other persons -are retained by BREA, BREA hereby warrants that such persons shall be fully qualified to perform services required hereunder. BREA further agrees that subcontractors retained by BREA shall be upon the consent of DIAMOND BAR. For purposes of this Agreement, the term "subcontractor" shall not include program or class instructors or sports event officials (i.e., umpires and referees). 3• - DIAMOND BAR 2 s as fo to IV,.VrI (a) To pay BREA for the performance of the services required herein, a maximum sum of Thirty Six Thousand Seven Hundred Seventeen and 751100 Dollars ($36,717.75) per month, for the twelve (12) month term hereof. Beginning with the second and third years of this Agreement, said sum may be adjusted upon mutual written consent, following a review of revenues collected and the costs to BREA of recreational services requested. Said sum shall cover the cost of all staff time and all other direct and indirect City of Diamond Bar 2 Recreation Services Agreement costs or fees, including the work of employees, consultants and subcontractors to BREA. Payment to BREA, by DIAMOND BAR, shall be made in accordance with the schedule set forth below. (b) Payments to BREA shall be made by DIAMOND BAR in accordance with the invoices submitted by BREA, on a monthly basis, and such invoices shall be paid within a reasonable time after said invoices are received by DIAMOND BAR. All charges shall be in accordance with BREA's proposal either with respect to hourly rates or lump sum amounts for individual programs. (c) Additional services: Payments for additional services requested, in writing, by DIAMOND BAR, and not included in BREA's proposal as set forth in Exhibit "A". Charges for additional services shall be invoiced on a monthly basis and shall be paid by DIAMOND BAR within a reasonable time after said invoices are received by DIAMOND BAR. (d) Purchase of Supplies: Brea shall purchase all supplies required to provide the -services set forth in Exhibit "A". Diamond Bar shall reimburse Brea for the cost of supplies, including sales tax, plus 22% for overhead. Brea shall invoice Diamond Bar for supplies on a monthly basis, and said invoice shall include back-up documentation from vendor where purchase was made. When possible and economically practical, Diamond Bar businesses shall be utilized as vendors. (e) Any and all revenues collected by BREA from recreation program participants shall be tendered monthly to DIAMOND BAR in accordance with administrative policies and procedures established by DIAMOND BAR's City Manager, provided that BREA shall City of Diamond Bar 3 Recmaon Services Agreement retain fifty percent (50%) of all such revenues exceeding an annual total, or "revenue goal", of Three Hundred Forty -Five Thousand Seven Hundred Forty Dollars ($345,740). Said revenue goal shall be effective for the first year of this Agreement, however, beginning with the second and third years of this Agreement, said sum may be adjusted upon mutual written consent, following a review of revenues collected and the costs to BREA of recreational services requested. (a) Information and assistance as needed to provide services identified in Exhibit "A" hereto. (b) Copies of documents and other information, as available, which BREA considers necessary in order to complete the Project. (c) Such information as is generally available from DIAMOND BAR files applicable to the Project. (d) Assistance, if necessary;. in obtaining information from other governmental agencies and/or private parties. However, it shall be BREA's responsibility to make all initial contact with respect to the gathering - Of such information. - S. Qmershin of new -limen -ft: All documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by BREA pursuant to this Agreement shall be considered the property of DIAMOND BAR and, upon payment for services performed by BREA, such documents and other identified materials shall be delivered to DIAMOND BAR by BREA. BREA may, however, make and retain such copies of said documents and materials as BREA may desire. 6. Termina6 1: This Agreement, or any program or service provided hereunder. City of Diamond Bar 4 Recreation Services Agreement may be terminated by either parry upon the giving of a written "Notice of Termination" to the other parry at least ninety (90) days prior to the date of termination specified in said Notice. In the event this Agreement, or any program or service provided hereunder, is so terminated, BREA shall be compensated at BREA's monthly rate as specified herein, or pro -rated program or service charges, as the case may be, prorated on the basis of a mtny (30) day month. In no event, however, shall BREA receive more than the maximum specified in paragraph 3(a), above, or Exhibit "A", as applicable, except as otherwise provided herein. 7• Notir&s and Designated $epresentalives: 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: TERRENCE 13ELANGER FRANK BENEST City Manager City Manager City of Diamond Bar City of Brea 21660 E. Copley, Suite 1001 Number One Civic Center Circle Diamond Bar, CA 91'f65 Brea, CA 92621 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. 8. Insurance: BREA shall neither commence work under this Agreement until it has obtained all insurance required hereunder in a company or companies acceptable to DIAMOND BAR nor shall BREA allow any subcontractor to commence work on a subcontract until all insurance required of the subcontractor has been obtained. BREA shall take out and maintain at all time during the term of this Agreement the following policies City of Diamond Bar 5 Recreation Services Agreement of insurance: (a) Workers' compensation Insurance= Before beginning work, BREA shall furnish to DIAMOND BAR a cbrtificate of insurance as proof that it has taken out full workers' compensation insurance for all persons whom it may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. In accordance with the provisions of California Labor Code Section 3700, every employer shall secure the payment of compensation to his employees. BREA prior to commencing work, shall sign and file with DIAMOND BAR a certification as follows: "I am aware of the provisions of Section 3700 of Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Agreement" (b) Public Liability and proms Damage: 'Throughout the term of this Agreement, at BREA's sole cost and expense, BREA shall keep, or cause to be kept, in full force and effect, for the mutual . benefit of DIAMOND BAR and BREA, comprehensive, broad form, general public liability and automobile insurance against claims and liabilities for personal injury, death, or property damage arising from BREA's activities, providing protection of at least One Million Dollars ($1,000,000.00) for bodily injury or death to any one person or for any one accident or occurrence .and at least One Million Dollars ($1,000,000.00) for property damage. (c) . All insurance required by express provision of this Agreement shall be carried only in responsible insurance companies licensed to do City of Diamond Bar 6 Recreation Services Agreement business in the State of California and policies required under paragraphs 8'. (a) and (b) shall name as additional insureds DIAMOND BAR, its elected officials, officers, employees, agents and .representatives. All policies shall contain language, to the effect that: (1) the insurer waives the right of subrogation against DIAMOND BAR and DIAMOND BAR's elected officials, officers, employees, agents and representatives; (2) the policies are primary and noncontributing with any insurance that may be carried by DIAMOND BAR; and (3) they cannot be canceled or materially changed except after thirty (30) days' notice by the insurer to DIAMOND BAR by certified mai. BREA shall furnish DIAMOND BAR with copies of all such policies promptly upon receipt of them, or certificate evidencing the insurance, BREA may effect for its own account insurance not required under this Agreement. (d) Self-insurancei For purposes of this Agreement, the term "insurance" shall include a self-insurance program as approved by DIAMOND BAR 9. Indemnification - (a) BREA shall defend, indemnify and save harmless DIAMOND BAR, its elected and appointed officials, officers, agents and employees, fromall liability, from loss, damage or injury to persons or property, including the payment by BREA of any and. all legal costs and attorneys' frees, in any manner arising out of the acts and/or omissions of BREA pursuant to this Agreement, including, but not limited to, all consequential damages, to the maximum extent permitted by law. (b) DIAMOND BAR shall defend, indemnify and save harmless BREA, its elected and appointed officials, officers, agents and employees, from all liability from loss, damage or injury to persons or property, including the payment by DIAMOND BAR of any and City of Diamond Bar 7 Recreation Services Agreement all legal costs and attorneys' fees, in any manner arising out of the acts and/or omissions of DIAMOND BAR pursuant to this Agreement, including, but not limited to, all consequential damages, to the maximum extent permitted by law. 10. ASs1gpment- No assignment of this Agreement or of any part or obligation of performance hereunder shall be made, either in whole or in part, by BREA without the prior written consent of DIAMOND BAR. 11. Ttidetzendent Cont=r.. The parties hereto agree that BREA and its employees, officers and agents are independent contractors under this Agreement and shall not be construed for any purpose to be employees of DIAMOND BAR. 12. GoverningLaw: 'This ' Agreement shall be governed by and construed in accordance with the laws of the State of California. 13. AuQrney's= In the event any legal proceeding is instituted to enforce any term or provision of the Agreement, the prevailing party in said legal proceeding shall be entitled to recover attorneys' fees and costs from the opposing party in an amount determined by the court to be reasonable. 14. MediSL1on: Any dispute or controversy arising under this Agreement, or in connection with any of the terms., and --conditions hereof, shall be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. In the event the parties are unable to mutually agree upon the mediator to be selected hereunder, the DIAMOND* BAR City Council shall select such a neutral, third party mediation service and said City Council's decision shall be final. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted City of Diamond Bar 8 Recreation Services Agreement to mediation. It is specifically understood and agreed by the parties hereto that referral of any such dispute or controversy, and mutual good faith efforts to resolve the same thereby, shall be conditions precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 15. Term: The effective date of this Agreement shall be May 1, 1995, and it shall remain in effect through and including April 30, 1998, unless sooner terminated. 16. Entire Agmments This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representation by any parry which is not embodied herein nor any other agreement, statement, or promise not contained in this Agreement shall be valid and binding. Any modification of this Agreement shall be effective only if it is in writing signed by the parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above: Approved As To Form ty Attorney - B Approved As To Form City Attorney • DiaWwnd Bar CITY OF BREA Mayor ATTEST: City Cle 4r/i�kjs CITY OF DIAMOND BAR Mayor City of Diamond Bar 9 Recreation Services Agreement �A 3. REDEVELOPMENT AGENCY OF THE CITY OF DIAMOND BAR ` 4 REGULAR MEETING OF THE BOARD OF DIRECTORS JULY 21, 1998 CALL TO ORDER: Chair/Huff called the meeting to order at 11:22 p.m. ROLL CALL: Agency Members Chang, Herrera, O'Connor, Vice Chairman/Ansari Chairman/Huff. Also present were: Terrence L. Belanger, Executive Director; Michael Jenkins, Agency Attorney; James DeStefano, Deputy City Manager; David Liu, Deputy Public Works Director; Bob Rose, Community Services Director; Mike Nelson, Communications & Marketing Director; Joann Gitmed, Senior Accountant, and Lynda Burgess, Agency Secretary. PUBLIC COMMENTS: None CONSENT CALENDAR: AM/Herrera moved, VC/Ansari seconded, to approve the Consent Calendar. Motion carried by the following Roll Call vote: AYES: AGENCY MEMBERS - Chang, Herrera, O'Connor, VC/Ansari, Chair/Huff NOES: AGENCY MEMBERS - None ABSENT: AGENCY MEMBERS - None 3.1 APPROVED MINUTES - Regular Meeting of July 7, 1998 as submitted. 3.2 APPROVED VOUCHER REGISTER dated July 21, 1998 in the amount of $6,442.04. 4. PUBLIC HEARINGS: None 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. AGENCY MEMBER COMMENTS: In response to AM/O'Connor, CM/Belanger explained that schematics had been received for the Country Hills Towne Center and the Kmart Center. The remaining schematics had not yet been completed. AGENCY ADJOURNMENT: There being no further business to conduct, Chair/Huff adjourned the meeting at 11:25 p.m. ATTEST: Chairman LYNDA BURGESS Agency Secretary DIAMOND BAR REDEVELOPMENT AGENCY INTEROFFICE MEMORANDUM TO: Chairman Huff and Board of Directors FROM: Joann Gitmed, Senior Accountant SUBJECT: Voucher Register, August 4, 1998 DATE: July 30, 1998 Attached is the Voucher Register dated August 4,1998 for the Diamond Bar Redevelopment Agency. The checks will be produced after any recommendations and the final approval is received. Payment of the listed vouchers in the amount of $144,682.12 is hereby allowed from the Diamond Bar Redevelopment Agency Fund. APPROVED BY: inda Magnuson Robert S. Huff _ ssistant Finance Director Chairman a ivI errence L. Belanger Eileen R. Ansari Executive Director Vice Chairman T- 7 ------------------------------------------------------------------------------------------------------------------------------------ '-CT r. - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - -- - 14 d HE I F T A R C C 7 4 z i A '-CT r. - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - -- - 14 d STUDY SESSION: 1. CLOSED SESSION: 2. CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL: Next Resolution No. 98-46 Next Ordinance No. 04(1998) 12DL-0, 5:00 p.m.,hCC-3&5 Communications & Marketing 6:30 p.m., August 4, 1998 Mayor Pastor Larry Grigsby, Calvary Chapel Council Members Ansari, Huff, O'Connor, Mayor Pro Tem Chang, Mayor Herrera APPROVAL OF AGENDA: Mayor 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Proclaiming Tuesday, August 4, 1998 as "National Night Out." 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 5. SCHEDULE OF FUTURE EVENTS: 5.1 CONCERTS IN THE PARK - Bobby Cochran & the Rock Around the Clock Show (501s) - August 5, 1998 - 6:30 p.m., Sycamore Canyon Park, 22930 E. Golden Spgs. Dr. 5.2 PLANNING COMMISSION - August 11, 1998 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.3 CONCERTS IN THE PARK - Alturas (Latin Jazz) - August 12, 1998 - 6:30 p.m., Sycamore Canyon Park, 22930 E. Golden Spgs. Dr. AUGUST 4, 1998 PAGE 2 5.4 TRAFFIC & TRANSPORTATION COMMISSION - August 13, 1998 - AQMD Board Hearing Room, 21865 E. Copley Dr. 5.5 CITY COUNCIL MEETING - August 18, 1998 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: 6.1.1 Regular Meeting of July 7, 1998 - Approve as submitted. Continued from July 21, 1998. 6.1.2 Special Joint Meeting of July 17, 1998 - Approve as submitted. 6.1.3 Regular Meeting of July 21, 1998 - Approve as submitted. Requested by: City Clerk 6.2 TRAFFIC & TRANSPORTATION COMMISSION MINUTES - Regular Meeting of June 11, 1998 - Receive and File. Requested by: Engineering Division 6.3 VOUCHER REGISTER - Approve Voucher Register dated August 4, 1998 in the amount.of Requested by: City Manager 6.4 TREASURER'S REPORT - Month of June, 1998 - Recommended Action: Requested by: City Manager 6.5 EXTENSION OF CONSULTING AGREEMENT WITH JiMICHAEL HULS, R.E.A., FOR ENVIRONMENTAL MANAGEMENT SERVICES - The City has retained the services of a consulting firm with experience in solid waste planning and integrated environmental management program implementation. The City's agreement with this firm, J. Michael Huls, R.E.A., will expire on August 15, 1998. The existing contract allows the City to extend the contract. Consequently, the City has prepared to extend the contract for one year. Recommended Action: It is recommended that the City Council (1)find that it is in the City's best interest to extend the existing contract rather than request bids for the services and (2) approve and authorize the Mayor to extend the Consulting Services Agreement with J. Michael Huls, R.E.A., in an amount not -to -exceed $43,276 for services relating to the administration of the City's AUGUST 4, 1998 PAGE 3 solid waste permit system, the coordination of AB 939 and program activities, and the implementation of the NPDES permit requirements. Requested by: Engineering Division 6.6 RESOLUTION NO. 98 -XX: CMP SELF -CERTIFICATION RESOLUTION Recommended Action: Requested by: City Manager 6.7\� CONTRACT DMENT WITH ON RRA - ecomme ed Ac 'on: Re ted by: P ning Division 7. PUBLIC HEARINGS: 7:00 p.m. or as soon thereafter as matters can be heard. None 8. OLD BUSINESS: 8.1 SECOND READING OF ORDINANCE NO. 03(1998): AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING CHAPTER 8.24 OF TITLE 8 OF THE DIAMOND BAR CITY CODE, ADOPTING BY REFERENCE DIVISION 1 OF TITLE 8 AND DIVISION 1 OF TITLE 11 OF THE LOS ANGELES COUNTY CODE, AND REVISING THE CITY HEALTH CODE - Continued from July 21, 1998. Recommended Action: Requested by: Planning Division 8.2 SOLID WASTE TASK FORCE REPORT ANALYSIS AND IMPLEMENTATION SCHEDULE - Recommended Action: Requested by: Engineering Division 8.3VRuemstt OF �9R� STATE LIST / .,� ndO Acti n: \ by: City Manacef 8.4 EXCURSION CONTRACT PROVIDERS - Recommended Action: Requested by: Community Services Division 8.5 SELECTION OF RECREATION SERVICES PROVIDER - The extended contract with the City of Brea to provide recreation AUGUST 4, 1998 PAGE 4 services in D.B. expires on August 31, 1998. In response to a Request for Proposals (RFP), the City has received proposals from the City of Brea and the City of Chino Hills. D.B. staff also developed an in-house proposal as an alternative to contracting with another city for this service. Staff has interviewed each of the proposers and presented the results of the review process to the City Council at a study session on June 16, 1998. Based on the need to provide high quality service at a reasonable cost, staff believes that the City of Brea should continue as the recreation services provider. The City of Brea has provided this service to the community for the past seven years and continues to provide a quality program. Brea is responsive to the City's needs and has a well developed system established in Brea that provides the necessary staff support to operate this contract successfully. RECESS TO REDEVELOPMENT AGENCY MEETING Next Resolution No. 98-07 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's Card and dive it to the 3. CONSENT CALENDAR: 3.1 APPROVAL OF MINUTES - Regular Meeting of July 21, 1998 - Recommended Action: It is recommended that the City Council select the City of Brea as provider of recreation services in D.B. for the period of September 1, 1998 through June 30, 2001 (3 years). It is further j recommended that the City Council direct staff to bring back the proposed contract with the City of Brea to the next City Council meeting for approval. � � Requested b: Community y Services Division 9. NEW BUSINESS: None RECESS TO REDEVELOPMENT AGENCY MEETING Next Resolution No. 98-07 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's Card and dive it to the 3. CONSENT CALENDAR: 3.1 APPROVAL OF MINUTES - Regular Meeting of July 21, 1998 - AUGUST 4, 1998 PAGE 5 Approve as submitted. Requested by: Agency Secretary 3.2 VOUCHER REGISTER - Approve Voucher Register dated August 4, 1998 in the amount of Requested by: City Manager 4. PUBLIC HEARINGS: 5. OLD BUSINESS: 6. NEW BUSINESS: 7. AGENCY MEMBER COMMENTS: Items raised by individual Agency Members are for agency discussion. Direction may be given at this meeting or the item may be scheduled for action at a future meeting. AGENCY ADJOURNMENT: RECONVENE CITY COUNCIL MEETING: 10. COUNCIL SUB -COMMITTEE REPORTS: 11. COUNCIL MEMBER COMMENTS: Items raised by individual Council Members are for Council discussion. Direction may be given at this meeting or the item may be scheduled for action at a future meeting. 12. ADJOURNMENT: