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Home My WebLink About10/19/1999Tuesday, October 19, 1999 6:00 p.m. — Redevelopment Agency 6:30 p.m. — Regular Meeting South Coast Air Quality Management District Main Auditorium 21865 East Copley Drive Diamond Bar, CA 91765 Mayor Wen Chang Mayor Pro Tem Debby O'Connor Council Member Eileen Ansari Council Member Carol Herrera Council Member Bob Huff City Manager Terrence L. Belanger City Attorney Michael Jenkins City Clerk Lynda Burgess Copies of stats reports or other written documentation relating to agenda items are on file in the Office of the City Clerk, and are available for public inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 860-2489 during regular business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking, eating or drinking in the Council Chambers. The City of Diamond Bar uses recycled paper and encourages you to do the same. DIAMOND BAR CITY COUNCIL RULES (ALSO APPLIES TO COMMISSION AND CONITiIITTEE MEETINGS) PUBLIC INPUT The meetings of the Diamond Bar City Council we open to the public. A number of the public may address the Council on the subject of— or more agenda items and/or other Amu of misrest which are within the subject matterjurisdiction ofthe Diamond Bar City Council. A request to address the Council should be submitted in person to the City Clerk. As a general rule the opportunity for public comments will take place at the discretion ofthe 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 o£people requesting to speak and the business ofthe Council. Individuals are requested to refrain from personal attacks towards Council Members or other citizen. Canments which we not conducive to a positive business mating emewonmem are viewed as attacks against the entire City Council and will not be tolerated. 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 an items previously considered by the Council. (Does not apply to Committee neetings.) In accordance with State Law (Brown qct). all matters to be acted on by the City Council must be posted at least 72 hours prior to the Council meeting. In case ofem a gemcy, or when a subject natter arises subsequent to the pooling ofthe 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 ofthe Diamond Bar City Council. A. Disorderly behavior toward the Council or any number ofthe staffthereot tending to interrupt the due and orderly course of said meeting. B. A breach ofthe peace, boisterous conduct or violent disturbance, tending to interrupt the due and orderly course of said meeting. _ C. Disobedience of any lawful order ofthe Clair, 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 rrreding. 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 ofthe 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 ofthe meeting. Please telephone (909) 860-2489 between 8 am 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. )�i THE .i[G ME Ct3iINCILYEE3`TN,T 3.Ofl' A.1d �fiTNLI. 12 . DIAMOND BAR REDEVELOPMENT AGENCY Next Resolution No. RA99-09 1. CALL TO ORDER: 6:00 p.m., October 19, 1999 ROLL CALL: Agency Members 2. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Agency on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the Redevelopment Agency values your comments, pursuant to the Brown Act, the Agency generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the Agency Secretary (completion of this form is voluntary). There is a five minute maximum time limit when addressing the Redevelopment Agency. 3. CONSENT CALENDAR: 3.1 APPROVAL OF MINUTES - Regular Meeting of October 5, 1999 - Approve as submitted. Requested by: Agency Secretary 3.2 VOUCHER REGISTER - Approve Voucher Register dated October 19, 1999 in the amount of - $10,894.60. Requested by: Finance Division 4. PUBLIC HEARINGS: None 5. OLD BUSINESS: None 6. NEW BUSINESS: 6.1 AWARD OF PROFESSIONAL SERVICES CONTRACT FOR TRAFFIC SIGNAL DESIGN AT THE INTERSECTION OF GATEWAY CENTER DRIVE AND VALLEY VISTA DRIVE - The Gateway Corporate Center has 8 lots currently being developed and is anticipated to generate approximately 7000 additional daily 2 -way trips of traffic (our current trips for the Gateway Center are 9600 daily trips). With this projection, the intersection of Gateway Center Dr. and Valley Vista Dr. OCTOBER 19, 1999 PAGE 2 would exhibit potential vehicular movement conflicts. To be proactive to this anticipated development, the installation of a traffic signal is recommended to facilitate the vehicular movements. Two proposals have been received, from Warren Siecke ($4,300) and Linscott, Law & Greenspan Engineers ($5,160), for professional services to design the necessary traffic signal. Staff proposes to award the design contract to Warren Siecke. Recommended Action: It is recommended that the Redevelopment Agency award a professional services contract for traffic signal design at the intersection of Gateway Center Dr. and Valley Vista Dr. to Warren Siecke in an amount not -to -exceed $4,300. Furthermore, it is recommended that the Agency authorize a contingency amount of $700 for project change orders to be approved by the Director, for a total authorization amount of $5,000. Requested by: Engineering Division 7. AGENCY MEMBER COHM1ENTS: 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. ADJOURNMENT: 1. 2. CITY COUNCIL MEETING Next Resolution No. 99-77 Next Ordinance No. 13(1999) CLOSED SESSION: None CALL TO ORDER: 6:30 p.m., October 19, 1999 PLEDGE OF ALLEGIANCE: Mayor Pro Tem INVOCATION: Pastor Larry Grigsby, Calvary Chapel ROLL CALL: Council Members Ansari, Herrera, Huff, Mayor Pro Tem O'Connor, Mayor Chang APPROVAL OF AGENDA: Mayor Pro Tem 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Proclaiming October, 1999 as "Crime Prevention Month." '_9 Prnr-1 Aim!nrr Cir-t-nhar 94 -,fin. iggq as "Rayl Pihhnn wPP1C." OCTOBER 19, 1999 PAGE 3 3.3 Proclaiming October 28, 1999 as "Immigration Day" 4. PUBLIC C0101ENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is voluntary). There is a five minute maximum time limit when addressing the City Council. 5. SCHEDULE OF FUTURE EVENTS: 5.1 I-10 FREEWAY TWO LANE CLOSURE - October 22-25, 1999 - Two eastbound lanes will be closed from 8 p.m. Oct. 22 to 5 a.m. Oct. 25 5.2 D.B. Chamber of Commerce Business Expo and Job Fair - October 23, 1999 - 9 a.m. to 3 p.m., K -Mart Shopping Center Parking Lot 5.3 LANTERMAN FORENSIC CONFINEMENT COMPOUND ADVISORY COMMITTEE - October 25, 1999 - 7:00 p.m., CC -2, 21865 E. Copley Dr. 5.4 PLANNING COMMISSION - October 26, 1999 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.5 PARKS & RECREATION COMMISSION - October 28, 1999 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.6 HALLOWEEN FESTIVAL - Heritage Park Community Center - October 31, 1999 - 3:00 - 10:00 p.m., 2900 S. Brea Canyon Rd. 5.7 ELECTION DAY - November 2, 1999 - Polls open from 7:00 a.m. to 8:00 P.M. 5.8 CITY COUNCIL MEETING - November 2, 1999 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: 6.1 APPROVAL OF MINUTES: 6.1.1 Town Hall Meeting - October 5, 1999 - Approve as submitted.. OCTOBER 19, 1999 PAGE 4 6.1.2 Regular Meeting of October 5, 1999 - Approve as submitted. Requested by: City Clerk 6.2 PLANNING COMMISSION MINUTES: 6.2.1 Regular Meeting of August 24, 1999 - Receive & File. 6.2.2 Regular Meeting of September 14, 1999 - Receive & File. Requested by: Planning Division 6.3 TRAFFIC & TRANSPORTATION COMMISSION - Regular Meeting of July 8, 1999 - Receive & File. Requested by: Engineering Division 6.4 VOUCHER REGISTER - Approve Voucher Register dated October 19, 1999 in the amount of $549,687.30. Requested by: Finance Division 6.5 RESOLUTION NO. 96-53K: A RESOLUTION OF THE CITY OF DIAMOND BAR SETTING FORTH PERSONNEL RULES AND REGULATIONS REGARDING THE PAYMENT OF SALARIES, SICK LEAVE, VACATIONS, LEAVES OF ABSENCES AND OTHER REGULATIONS - When the FY 1999-2000 Municipal Budget was approved, the decision to take the recreation program in-house was not finalized. At the August 17, 1999 Meeting, Council approved the annual cost and recommended staffing positions. Resolution No. 96-53K implements the recommended staff positions and position allocation chart. Recommended Action: It is recommended that the City Council adopt Resolution No. 96-53K adding the proposed new Recreation classifications. Requested by: City Manager 7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as matters may be heard. - 7.1 (a) ORDINANCE NO. 0X(1999): AN ORDINANCE OF THE CITY OF DIAMOND BAR ESTABLISHING ADMINISTRATIVE PROCEDURES AND PENALTIES FOR CERTAIN VIOLATIONS OF THE DIAMOND BAR MUNICIPAL CODE AND AMENDING THE DIAMOND BAR MUNICIPAL CODE (b) RESOLUTION NO. 99 -XX: A RESOLUTION OF THE CITY OCTOBER 19, 1999 PAGE 5 COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING PENALTIES FOR CERTAIN VIOLATIONS OF THE CITY OF DIAMOND BAR MUNICIPAL CODE - The City Council Subcommittee has met with staff to review code enforcement policies and procedures. The current enforcement policy is to operate on a "complaint only" or 'reactive" basis. The Subcommittee has recommended utilizing "proactive" code compliance policies incorporating civil citation procedures to gain timely and effective compliance. On October 5, 1999, Council considered establishing administrative procedures to gain timely and effective compliance. Recommended Action: It is recommended that the City Council receive open the public hearing, receive testimony, close the public hearing and approve for first reading, by title only, Ordinance No. 0X(1999) and adopt Resolution No. 99 -XX. Requested by: Code Enforcement Sub -Committee 8. OLD BUSINESS: 8.1 DISCUSSION OF PLANNING STATUS OF MILLENNIUM CELEBRATION Requested by: City Manager 8.2 STATUS OF LANTERMAN DEVELOPMENTAL CENTER'S PROPOSED FORENSIC CONFINEMENT COMPOUND PROJECT Requested by: City Council 8.2 AREA 1 SLURRY SEAL - CHANGE ORDER NO. 1 - The Area 1 Slurry Seal Project is currently in progress and is anticipated to continue until November 24, 1999. Within this same time frame, most of the Gateway Corporate Center will be completed with Travelers Group and Allstate Insurance ready for their Grand Opening. Although scheduled for Area 2 Slurry Seal, there are tremendous cost savings and a unique opportunity to slurry seal the Gateway Corporate Center in concurrence with the Area 1 Slurry Seal Project. For the Area 1 Project, the City underwent a competitive bid process to retain Asphalt Maintenance Co. and they have the lowest unit price for slurry seal. Asphalt Maintenance Co. has proposed the same unit price for the requested work. The change order amount of $37,406 represents 7% of the total contract amount and is within the allowable 259c of the contract price. Recommended Action: It is recommended that the City Council authorize the City Manager to approve Change OCTOBER 19, 1999 PAGE 6 Order #1 with Asphalt Maintenance Co. in an amount not - to -exceed $37,406. Requested by: Engineering Division 8.4 RESOLUTION NO. 99-02A: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR FISCAL YEAR 1999-2000 - In January, 1999, Council approved the 1999-2000 funding allocations for the Community Development Block Grant (CDBG) Program. The City was limited to 15% of the total allocation for public service projects or $55,929. Due to the limitation, the City could not fund a majority of the public services projects. The City funded the Senior Program at $34,429 of the requested $51,594. In August 1999, the City was informed of the authorization to allocate up to 25% of the total allocation for Public Service programs. The City has unallocated CDBG funds that can be allocated to the Senior Program. Recommended Action: It is recommended that the City Council adopt Resolution No. 99-02A Amending the City's Community Development Block Grant program for Fiscal Year 1999-2000 and authorize the City Manager to sign all necessary documents. - Requested by: City Manager 8.5 DISCUSSION OF STATUS OF MINNEQUA LANDSLIDE REMEDIATION PROJECT (a) ALLOCATION OF CONTRIBUTIONS BY PROPERTY OWNERS FOR COSTS OF THE MINNEQUA REMEDIATION PROJECT - Last February, 1998, the heavy rainfall which occurred during the El Nino condition caused a landslide of approximately 60 ft. wide by 70 ft. long in a residential area, causing five homes to be damaged and yellow -tagged by the Building Official. Council approved and authorized the allocation of CDBG funds for investigation and remediation of the Landslide. The City retained Kleinfelder, Inc. for the geotechnical investigation/ engineering services. Kleinfelder has prepared plans and specifications to remediate the project. The project was advertised and 4 bids were received on August 23, 1999. The lowest responsible bid received was from Summit Contracting in the amount of $150,000. The City allocated $50,000 toward the remediation project, which leaves $100,000 to be contributed by the 5 homeowners. The homeowners have worked with an independent mediator from the Claremont Dispute Resolution Center and have come OCTOBER 19, 1999 PAGE 7 to an agreement on the contributions. The City Attorney is developing an agreement for the homeowners to sign, which will memorialize the contribution/fair share as agreed upon by all homeowners. An additional hold -harmless agreement will also be necessary prior to the commencement of the construction. Recommended Action: It is recommended that the City Council approve the allocation of contributions by property owners and authorize the City Manager to sign all necessary documents. (b) AWARD OF CONSTRUCTION CONTRACT FOR THE REMEDIATION OF THE MINNEQUA LANDSLIDE REMEDIATION - On July 30, 1999, plans and specifications for remediation of the Minnequa Landslide Project were advertised and sent to nine hillside contractors. Four bids were submitted and opened on August 23, 1999. The apparent low bidder is Summit Contracting. Based upon related construction projects and past history, Summit Contracting is a qualified hillside remediation firm. Recommended Action: It is recommended that the City Council award a construction contract to Summit Contracting for remediation of the Minnequa Landslide Project in an amount not to exceed $150,000. Further, it is recommended that the Council authorize a contingency amount of $10,000 for project change orders to be approved by the City Manager, for a total authorization amount of $160,000. Requested by: Engineering Division 8.6 CONSIDERATION OF VERTICAL HOLIDAY BANNERS - On August 3, 1999, staff received approval from Council to implement a Holiday Banner program where up to 308 banners would be posted adjacent to D.B. shopping centers that were willing to split the costs with the City. Ten shopping centers have expressed a willingness to participate, and, if the program is implemented as approved, 48 banners would be posted -throughout D.B. This represents just over 150 of the proposed locations for banners. The visual impact that was hoped for from this program will not be achieved with only 48 holiday banners posted throughout the City. Recommended Action: It is recommended that the City Council provide direction to staff regarding the Holiday Banner program. Options include: (1) proceed with OCTOBER 19, 1999 PAGE S posting 48 banners adjacent to the 10 shopping centers that have expressed interest in participating in the Holiday Banner program; (2) post the 48 banners in option #1, plus an additional 31 banners to "balance" the look of the banner locations; (3) Post the 48 banners in option #1, plus an additional 100 banners to achieve a greater visual impact; and (4) Cancel the Holiday Banner program due to limited participation. Requested by: Community Services Division 8.7 CONSIDERATION OF STREET TREE PROGRAM - There are three species of tree currently outgrowing their 3'x 3' tree wells along the major arterials: Canary Island Pine, Jacaranda and Brisbane Box. Staff recommends a species replacement program through attrition for the Jacaranda (with Chinese Flame Tree) and Brisbane Box (with Tristania Laurina Tree). An attempt to replace the Canary Island Pine trees through attrition was not aesthetically acceptable. Removal of mature Canary Island Pine trees will result in a major change in the current look of D.B. Therefore, staff is recommending a program that preserves mature Canary Island Pine trees for 10 to 20 years and also limits damage to adjacent hardscape. Removal of tree well -covers will provide these trees with enough space to grow another five to ten years. After that, increasing the size of the tree well to 4' x 4' should provide space for an additional 5 to 10 years. This way, the Canary Island Pine trees should be able to grow along the major arterials for another 10 to 20 years without causing major damage to most of the adjacent hardscape. Cost to complete staff's recommendations in the current FY is $12,000. These funds are not currently included in the budget. Recommended Action: It is recommended that the City Council approve the following actions: (1) direct staff to implement a species replacement program through attrition for the following trees: Jacaranda to Chinese Fringe, Brisbane Box to Tristania Laurina; (2) direct staff to remove 435 damaged tree well covers at a cost of $11,000; allocate $11,000 from General Fund reserves to complete this work; approve assignment of this work to Charles Abbott Assoc. and add $11,000 to their Public Works contract; and (3) direct staff to cut 4' 4' tree wells when necessary to preserve mature Canary Island Pine trees and to limit damage to the adjacent hardscape; allocate $1,000 from General Fund reserves to fund the work for this FY; approve assignment of this work to Charles Abbot Assoc. and add $1,000 to their public works contract. OCTOBER 19, 1999 PAGE 9 Requested by: Community Services Division 8.8 RESOLUTION NO. 99 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR SUPPORTING A COMPREHENSIVE AND UNABRIDGED FOUR CORNERS TRANSPORTATION ALTERNATIVES AND RECOMMENDATIONS REPORT. Recommended Action: It is recommended that the City Council adopt Resolution No. 99 -XX Supporting a Comprehensive and Unabridged Four Corners Transportation Alternatives and Recommendations Report. Requested by: City Manager 9. NEW BUSINESS: None 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: 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 Redevelopment Agency will hold a Special Meeting at 6:00 p.m. and the City Council will hold a Regular Meeting at 6:30 p.m. in the Auditorium, of the South Coast Air Quality Management District located at 21865 E. Copley Drive, Diamond Bar, California on October 19, 1999. I, Lynda Burgess declare as follows: I am the Agency Secretary/City Clerk in the City of Diamond Bar; that a copy of the agenda for the Special Meeting and Regular Meeting, to be held on October 19, 1999 was posted at the 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 15th day of October, 1999, at Diamond Bar, California. /s/ Lynda Buraess Lynda Burgess Agency Secretary/City Clerk City of Diamond Bar VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: (J DATE: �C,-- - i 9 -- � f PHONE: d � / I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. gnature TO FR )M: AD )RESS: OFaANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL CITY CLERK ? DATE: /0-t7-7 .7 PHONE: AGE -NIDA #/SUBJECT: ' I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature I' VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TC CITY CLERK FR )M: DATE: lo- i y i AC )RESS: PHONE: —� OF 3ANIZATION: AG =N ICA #/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. Si ature Y VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL *40 TO CITY CLERK FR )M:DATE: AD )RESS: PHONE: DR 3ANIZATION: AGENDA #/SUBJECT: �. expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Si ature --F_ VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO CITY CLERK FRi M: AD RE -SS: OR- ANIZATION: AG�_NIDA #/SUBJECT: DATE: Ioi PHONE: o �° expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. SigrVature -/0-J; 'TO FRS: 0: ADID 3ESS: AOR,==ANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGF -'JDA #/SUBJECT: '.-'� CITY CLERK DATE: /0-/7"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: 1� r r DATE: ADDRESS: A9 —b r, PHONE: ORGANIZATION: i AGENDA #/SUBJECT: 8� � /y%, � /° yJ lel rn � � i � `C,pq I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. $46nature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: CITY CLERK J V /i�-11i1 / /gyp DATE: PHONE: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. r Si nature r VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO CITY CLERK FROM: (� H �1 L /t j� S DATE: /'& - ADDRESS: i = PC -5T PHONE: ORGANIZATION: 'C -- AGENDA ___.AGENDA #/SUBJECT: r C 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:jr=P.4A4 I DATE: ADDRESS: - ff4 r PHONE: ORGANIZATION: A AGENDA #/SUBJECT: PZA //C- L- I� /M /L'I/'� •�y` I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature CITY OF DIAMOND BAR CITY COUNCIL TOWN HALL MEETING FOUR CORNERS REGIONAL TRANSPORTATION STUDY' OCTOBER 5, 1999 CALL TO ORDER: Mayor Chang called the meeting to order at 4:22 p.m. in the South Coast Air Quality Management District Auditorium, 21865 E. Copley Drive, Diamond Bar, California. 2. ROLL CALL: Council Members Ansari, Herrera, Huff, Mayor Pro Tem O'Connor and Mayor Chang. Also Present were: Terrence L. Belanger, City Manager; James DeStefano, Deputy City Manager; David Liu, Deputy Public Works Director, and Lynda Burgess, City Clerk. M/Chang introduced Supervisor Don Knabe. Supervisor Knabe presented the 1999 Engineering Achievement Award to C/Huff. The award was made by the Los Angeles Chapter of the Consulting Engineers and Land Surveyors Association. C/Huff was selected to receive this award for planning and implementation of Alameda Corridor East. C/Huff thanked Supervisor Knabe and stated that the Supervisor's commitment to transportation is well noted. He explained what the Four Corners Transportation Study is about why the area is being studied, who is involved, what the current status of the study is, and what happens next. J. D. Douglas, Parsons Brinckerhoff Quade & Douglas, presented background information on the Four Corners Regional Transportation Study, what the issues are, and what some of the options are that are being studied. He explained that the primary purpose of tonight's session is to present information and receive public input for which comment forms have been supplied. "What is the Four Corners Study? The Four Corners Study is an intercounty planning effort to address long-term transportation needs in the area known as the "Four Corners" where the counties of Los Angeles, Orange, Riverside and San Bernardino meet. The area is bounded by the State Route (SR) 57 on the west, I- 15 on the east, SR 60 on the north and SR 91 on the south. The study scope involves two major phases. Phase I is designed to assess current and future transportation problems in the Four Corners area. Phase II looks at alternatives and solutions. Why is the area beina studied? In developing the Regional Transportation Plan, the Southern California Association of Governments (SCAG) discovered significant long-term mobility challenges for the Four Corners area. If nothing is done to accommodate anticipated growth in population and employment, traffic congestion on highways and surface streets will continue to get worse. OCTOBER 5, 1999 PAGE 2 FOUR CORNERS TOWN HALL "Who is involved? SCAG, the regional planning agency for Southern California, is funding the $250,000 Four Corners Study. An intercourity coordination group comprised of elected officials and technical staff from cities, counties and transportation agencies is implementing the study. The Orange County Transportation Authority is providing project management support for the Four Comers Study and Parsons Brinckerhoff Quade & Douglas is the project consultant. "What is the current status? An assessment of transportation alternatives for the Four Comers area is presently underway. Options include expanding highways and surface streets, adding transit services and building new roads and toll roads. A technical review and public outreach programs are currently being conducted. "What happens next? During fall, 1999, the best concepts will be packaged into a preferred transportation strategy and an implementation plan will be developed. Recommendations will then be forwarded to SCAG for inclusion in the 2001 Regional Transportation Plan. If included, transportation improvements would be eligible for state and federal funding - the first step in getting a project off the ground. C/Ansari asked Mr. Douglas to expand his comments regarding the parameters of the study. J. D. Douglas responded that at the beginning of the study in recognition of the fact that there are a number of different perspectives and opinions on how these transportation issues should be addressed, the consultant team first met individually with each of the participating agencies and stakeholders in the area to hear their perspectives, understand their concerns and receive their input on potential solutions and strategies. Subsequent to that, the firm did an extensive search of literature and reports and studies that relate to the four corners area. All of that information was synthesized and from that information, the consultant developed the Statement of Purpose and Need which is the guiding document for this study. That statement includes both a statement of what the problems are and a statement of what some of the issues are, as well as, a statement of the objectives and purposes of the study. He elaborated on those statements using visual aids. He stated that these are the guiding principles. The consultant's job is to evaluate all of the improvement options in light of those principles and develop the package of improvements that best achieves that overall objective. C/Ansari asked if the cost of $100-180 million takes into consideration that transportation corridors may go through environmentally sensitive areas and the potential need for low impact lighting receptors. J. D. Douglas indicated that to some extent, yes. When the cost estimates for those roads were developed, information was used that was developed in the study conducted about 10 years ago where specific engineering studies and calculations were done. Those estimates were used and a contingency factor was applied to OCTOBER 5, 1999 PAGE 3 FOUR CORNERS TOWN HALL those costs to account for other costs that might develop. Joe bung, 20866 E. Quail Run Dr., said that he runs several shopping centers. He is a Chamber of Commerce member of Anaheim, Yorba Linda, Huntington Beach and Upland and he will be joining Walnut next week after he purchases the Vons Shopping Center in that city. He frequently travels the four corners area and suggested that there are several problems that are not being taken into consideration such as community problem. He stated that the Smart Street Project in Anaheim Hills particularly ignored two serious problems. He travels the 91 east and 71 north and did not understand why there is a three mile section immediately north of the 91 which has a two lane capability and only one lane is open. This causes a problem in both directions. In Anaheim Hills there is a problem on the southbound Imperial Highway left turn at Santa Ana Canyon Rd. The only solution was a three -lane left turn. When he proposed the triple left turn, the community strongly objected. This community wants to preserve the so-called rural features of the past. To a certain degree, there should be compromise and therefore, this study must address the community's objections at the outset. Secondly, CalTrans is difficult to work with because they do not recognize local needs. D.B. has a problem because CalTrans dumped the traffic onto the community's streets. Therefore, the state legislators must be convinced to make sure that CalTrans' responsibility does not end at the freeway ramp. Thirdly, the Alameda Corridor problem is a federal problem. He believed that Beach Blvd. and Imperial Hwy. are good examples of how the Orange County Smart Street Program is working. He also believed that widening Carbon Canyon to two lanes is a very good approach. He asked if there are perhaps other streets that can be widened to four lanes. He cautioned the City that when it conducts a traffic study that the information is double-checked by field data. Developers should pay a fee for excessive traffic generated by their developments. Such fees and rules should be established in advance of development. Wilbur Smith stated that there appears to be a multi-level standard design in major interchanges throughout Southern California. He hoped that the design for the SR57/60 interchange would be consistent with other interchanges in the general area and expressed concern about how effective such an interchange would be in reducing traffic on D.B. Blvd. and Grand Ave. If it is properly designed, there should be a big improvement in reducing the traffic on D.B. and Grand Ave. and thereby reduce the need for additional improvements to Tonner Canyon and Carbon Canyon. He hoped that the 57/60 interchange would be given the highest priority and that an additional assessment would be done to see what else might be needed to mitigate the traffic before considering a road in the Tonner Canyon area. A road currently exists in Carbon Canyon and he believed it would be advisable and less costly to consider improving that road rather than to consider building a new road in Tonner Canyon. He would like the study to indicate that the highest priority would be improvement to the 57/60 interchange and that any road through Tonner Canyon would be the lowest priority because it would not solve the regional problems. He pointed out that the City's General Plan has specific statements OCTOBER 5, 1999 PAGE 4 FOUR CORNERS TOWN HALL requesting no road through SEA 15 and he hoped that at some point the Council would address that issue. The General Plan also calls for community participation in whatever plans are formulated for Tonner Canyon and any discussion of putting a road through Tonner Canyon must be held openly and that if any changes are made to the General Plan, the proposed changes will be brought before the citizens to make comment on and to voice their approval. J. D. Douglas responded that, in terms of prioritizing, one of the steps in the process after building consensus is to indicate implementation steps, which would include indications of priority. It is his firm's opinion in reviewing the evaluation results that improving the SR 57/60 interchange should be at or near the top of the priority list for improvements in the area. He agreed with Mr. Smith's assessment that the primary benefit of a road in the Tonner Canyon area would be more beneficial to D.S. than to the region. He believed the intent of the benefit of a road through the Tonner Canyon area is to address the problem areas on Grand Ave. and D.B. Blvd. and it is a correct observation by Mr. Smith that those problem areas are not regional - they are more sub -regional but they are part of inter -county travel. Grand and D.B. Blvd. carry a lot of traffic originating in Chino and Chino Hills, primarily traveling to D.B. and other parts of L.A. County and Orange County and the shortest travel route is Grand/D.B. Blvd. to the SR 57/60 freeways. The localized issue is one of the needs that was adopted as a need in the Statement of Purpose and Needs and is the reason that it is being considered. Supervisor Knabe pointed out that, although it is a localized need or situation, it is because of regional congestion. J. D. Douglas responded that it is partly a result of regional congestion and partly because of regional travel patterns and the regional roadway system. C/Huff asked Mr. Douglas to comment on what would happen if the SR 57/60 interchange is brought up to speed and what impacts it would have on Grand Ave. and D.B. Blvd. Mr. Douglas stated that his expectation is that improvements to the SR 57/60 interchange would provide some help to Grand Ave. and D.B. Blvd. but not nearly as much as also having a Tonner Canyon roadway because a portion of the traffic on Grand and D.B. Blvd. is there because people are trying to avoid the congestion on the SR 57 and SR 60. However, from the computer model, it appears that the larger portion of those people is there because it is the shortest route. C/Huff stated that if it is the shortest route and there is more capacity when you get to the SR 57/60 so that it is not backing up so much, wouldn't that draw more traffic to Grand Ave. and you could predict less traffic on D.B. Blvd? Mr. Douglas indicated that he did not believe that the improvement of the freeway itself would do that because how much traffic uses Grand Ave. is constrained by the OCTOBER 5, 1999 PAGE 5 FOUR CORNERS TOWN HALL capacity at the intersection of Grand and D.B. Blvd., which is currently carrying as much traffic as it can possibly handle during the peak hours. C/Huff asked if Grand should be increased to six lanes and if so, what would the anticipated outcome be? Mr. Douglas responded that his best estimate is that if the SR 57/60 is improved and if six lanes were provided on Grand all the way to the freeway, it would attract more traffic from Chino/Chino Hills along Grand to get to the SR 60/57. If this was done and no Tonner Canyon road was built, more traffic would flow down D.B. Blvd. to reach SR 57. Clyde Hennessee explained why he supported building a roadway in the Tonner Canyon area. Dan Marostica, Walnut City Council Member, thanked the City Council for issuing an invitation to Walnut to attend the Town Hall meeting. He stated that although Walnut is outside the study area, any relief that can be given to the SR 60 would assist the Valley Blvd., which directly impacts the citizens of Walnut. MPT/O'Connor asked what specific plans are contemplated for the SR57160 interchange improvements. Mr. Douglas stated that the entire stretch of the interchange will be improved. How it would be designed has not been formulated. He did not believe that there would be two separate freeways. Instead, parts of the two freeways would still come together in some fashion but there would be a lot more separation of ramps. He cited the example of the EI Toro Y in Orange County where the 5 and 405 come together as what might be proposed for the SR 57/60 interchange. He said he is speaking about the entire section where the two freeways come together from the west end to the east end where they diverge. C/Huff said that the study expanded to include the 71 from the 60 up to the 10 to accomplish giving the traffic east of the 71 an option to head up to the 10 or 210 without having to get off onto D.B. Blvd. and jog up to the 57 north to accomplish the same thing. There are technical problems with making a 60 westbound to the 57 northbound. Technically, it is easy to go the 71 from the 60 freeway status or expressway up to the 10 freeway_ In response to MPT10'Connor, Mr. Douglas indicated that when detailed design studies are done for the 60/57 freeway, they will look at how many trips wish to go southbound to eastbound and make that determination of whether that ramp is feasible and cost effective. He believed that C/Huff was correct in that if you can upgrade the 71 to a freeway status and have it be a straight shot to get up to the 10 and 210, then most of the people would be able to go that way. OCTOBER 5, 1999 PAGE 6 FOUR CORNERS TOWN HALL MPT/O'Connor asked if Parsons Brinckerhoff had conducted an analysis of the ridership origin from the City of Industry Metrolink station. Mr. Douglas said that no current analysis has been done. This study contemplates a forecast for 2020. There is no data as to whether or not Chino or Chino Hills residents are using the Metrolink station. SCRRA collects passenger data and may have information regarding ridership. MPT/O'Connor asked Mr. Douglas to address Mr. Smith's question regarding whether or not a second lane has been considered for Carbon Canyon Rd. Mr. Douglas indicated that a second lane was not evaluated. When the alternatives were evaluated, a long list of possible improvements was considered. The reason that only one additional lane was tested on Carbon Canyon Rd. was twofold. First, with the development that is in Carbon Canyon today, it would be difficult enough to increase the road by one lane without substantial impacts to the community. Making it a six -lane road or four lanes with two reversible roads would extend the impacts. If a new alignment to eliminate the s -curve through Sleepy Hollow were considered, that would also have substantial impacts. Providing that amount of capacity would create a real burden in terms of traffic impacts at the downstream end. Therefore, this concept worked against one of the guiding principles of the study. MPT/O'Connor said that she was glad to see that included under the "Not Recommended" list is the peak hour bus lanes on Grand Ave. and the express lanes on Grand. She believed there should be express bus lanes on the freeways, not going through community surface streets. She strongly opposed any dedicated bus lanes coming through the middle of D.B. Mr. Douglas believed there are places in the world where bus lanes on arterial streets are appropriate, but you need a lot more buses than D.B. would have to make them effective and useful. MPT/O'Connor stated that, with respect to Mr. Smith's comments about the City's General Plan, she would guarantee that all meetings to consider changes to the Plan would be open for public participation. Supervisor Knabe recognized Maureen Michelin from the MTA and the highway implementation program. C/Huff stated that the City's General Plan specifies that any road in the area of Tonner Canyon would be outside of the SEA and that it would be ecologically sensitive. Any attempt to change the General Plan would be difficult and would not be done capriciously. OCTOBER 5, 1999 PAGE 7 FOUR CORNERS TOWN HALL ADJOURNMENT: There being no further business to conduct, Mayor Chang adjourned the Study Session at 6:05 p.m. to the regular City Council meeting. ATTEST: Mayor LYNDA BURGESS, City Clerk sea,011+L law ted YS -it depends 5tudv. I Wire Reports 'is on «%ecint ,day sought measure is on school buses. federal stud that ; provide no pro - children and may i severe collisions. en to be safe.'id incipal of De,4a . intario. She adt&t- to hear of the mv-7_ considerin)'' A,60 which wad in the Natioatib �ociation new, FM National Trark_ i )ard, found sch Po ', ally contributo-to < upper torsos drr n an accident or ,om accidents are as kids are being ats without a seat chool board mem- tan. sembly Bill 15, Martin Gallegos. equire�; lap and is in all school California after 11 the Assemble. I the bill only on ialiegos work to 'Plies with rec- n an upcoming wernor also said end the starting and 2002 if the .s are delayed or r be a significant ,conclusive and past studies on ive bills requir- iool buses died tder opposition See M AE �siagD GRIEF! MORE GRIDLOCK Irfff• •� ••wfl . AM A r. r a fe `ech Inc. employee Ezequio Hemandez works as his jackhammer thro sa up dust hff ePea bound tate 10 �t Du e St (-=t i Pomona in the early morning 1_10,fC_hours. FF ,p � Vim"` ' a es ag _k T FT5 2•lane F10 closure und lanes on Interstate 10 d from 8 p.m. Oct. 22 to 25, weekend crunch By Michael ;icct e:+,e /0 7.9� Staff Writer �2 —,z sfc Z4,_ Getting th Dugh tie Inland Valley before the con rete c ri •s come the week- end of Oct. 22 c ruld b,, an even -money bet. That's wher Caltrans will shut down two eastbounc lane: of the heavily tray. eled Interstat, 10 f ,r 57 hours to pour some faster -set >ing concrete. The hope is with enough w .rninf motorists will plan ahead and see alternative routes. The fear is they wo 't. So far Caltrar s officials warn motorists to expect up to in ho it delay that week- end. The break h om the customary late- night closures motorists have become familiar with is ;m experiment to see how much repaving work can be done in a weekend perio 1. It ties in with the repavingproject that started in April tar- geting the decaving roadway from the 57 Freeway interchange to Garey Avenue inPomona. "This whole project is a pilot project," said Patricia Reid. Caltrans spokes- woman. "This long weekend closure was written into the contract so they could see how much they can do in demolish- ing the existing lane down to the dirt, remove it and put in the new concrete." That new concrete, known in the indus- try as fast -setting hydraulic cement con- crete, has been used since the project started in April. Since elements allow that concrete to dry faster and last longer than standard concrete, Caltrans is look- ing at the new material to help answer the growing need to repair Southern Cal- ifornia's aging freeways. "Nationally, we at Caltrans have been working with the Federal Highway See TRAFFIC/Ar ��isr Mow Hny 'V N LA VERNE is Hw Ave. i2g; Semple A+t� * �` P.._._ POMONA a /DIAMOND BAR t- ❑ Project Site j ❑ Alternate routes to 1 eastbound 1-1 D ® Alternate routes to westbound 1-10 n C lc do cc lit th an th. Isi la: Mc yoi jus In PriI Thf uni bid lat( 29- fra lea; whc C the Por mol Ovi the: and Elaine Dalton/SiattAnis! strE ing financial promems, "Could that money be applied to training?" asked another police officer. "What has he brought back, instituted as a result of those conferences?" But Sanchez says those law enforcement symposiums are necessary for police chiefs to attend. Representatives of the Pomona cer. Soon after he took over, Sanchez implemented a new deployment of street patrols, but officers criticized it because it left the city with fewer officers on duty during certain hours. After supervisors offered sug- gestions, a revised deployment began in June that increases police visibility during peak ment with the community and decreasing the city's crime rate. He also plans to reinstate the citizens police academy, which was put on hold because of fund. ing. "We're all working toward the same goal and that's improving the quality of life for our citizens," Sanchez said. Traffic: Officials warn motorists to expect delays Y Story continued from Al .Administration and others in the industry in how to address the need for reconstructing urban freeways," said Doug Failing, Cal- trans' division chief of planning in Los Angeles County. "And how to accomplish that in a way that gives us a good product and also minimize the inconvenience." Failing added those in the road- way industry will be monitoring this test. The goal for Morrison Knudsen Corp., the contractor on the $15.9 million project, will be to set '14 miles of new concrete in one lane. The second lane being closed '%r..that weekend will allow the contractor extra room for the nec- essary equipment. The closure of the eastbound No. 3 and 4lanes from the 57 Free- way/Interstate 10 interchange to Garey Avenue will start at 8 p.m. on Oct. 22. Eastbound on -ramps at Campus and Fairplex drives and Dudley Street will be closed. So will eastbound off -ramps at White and Garey avenues, Fair- .plex Drive and Dudley Street. The freeway will reopen by 5 a.m. on Oct. 25, in. time for the Monday morning commute. 6 Cahrans has had signs up for months. I think they've been really proactive in crying to minimize _ the impact.! Michelle Halvorsen, marketing director for the Montclair Plaza It will, however, have an impact on weekend commuters. Michelle Halvorsen, marketing director for the Montclair. Plaza, will be work- ing that weekend and knows her regular route along the 57 Free- way and Interstate 10 will not be an option. "Caltrans has had signs up for months. I think they've been really proactive in trying to minimize the impact," Halvorsen said. "I'll be using one of the suggested alternative routes. I've already driven them a couple of times in anticipation." As much as the 57 -hour closure will test how much work a con- tractor can accomplish with the faster -setting concrete, it also will test Caltrans' traffic management skills, Failing said. The key, he said, will be getting motorists to use alternative routes, such as the Pomona Free- _ way, Interstate 210 and Foothill . Boulevard. Caltrans hopes elegy `• ., tronic message boards will give ; motorists enough advance warn. Ing. agency also has met with local cities, the California High- way Patrol, the trucking industry .':. and popular Inland Valley desti_ I nations, such as Ontario Interna- tional Airport, Montclair Plaza and Fairplex. Halvorsen said the Plaza's primary concern was the timing of the closure. "They've been very good in making sure it's not during a Peak shopping period," Halvorsen said. Although the Fairplex will have a horse show, a computer fair, bridal show and an RV show that weekend, Fairplex spokesman Sid Robinson said Caltrans has worked to lessen the impact. "We realize there's going to be some inconvenience but ulti- mately we will benefit when the freeway is a better one to ride on.". i 2 3. MINUTES OF THE CITY COUNCIL REGULAR MEETING OF TME CITY OF DIAMOND DAM 466 OCTOBER 5, 1999 CLOSED SESSION: None CALL TO ORDER: Mayor Chang called the City Council meeting to order at 6:50 p.m. in the Auditorium of the South Coast Air Quality Management District, 21865 E. Copley Drive, Diamond Bar, California. ROLL CALL: Council Members Ansari, Herrera, Huff, Mayor ProTem O'Connor and Mayor Chang. Also present were: Terrence L. Belanger, City Manager; Mike Jenkins, City Attorney; James DeStefano, Deputy City Manager; David Liu, Deputy Public Works Director; Bob Rose, Community Services Director; Mike Nelson, Communications & Marketing Director and Lynda Burgess, City Clerk. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Dr. Patricia Rasmussen, Mt. San Antonio College. INVOCATION: The Invocation was given by Pastor Mark Hopper, Evangelical Free Church of Diamond Bar. APPROVAL OF AGENDA: As presented. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Proclaimed October 16, 1999 as "National Mammography Day". 3.2 Proclaimed October 4-8,1999 as "Rideshare Week". 3.3 Proclaimed October 8-22, 1999 as "Child Injury and Violence Prevention Week". 3.4 Proclaimed October 10-16, 1999 as "World Population Awareness Week". 3.5 Proclaimed October, 1999 as "Escrow Month". 3.6 Presentation by Dr. Patricia Rasmussen of Mt. San Antonio College regarding programs and activities. 3.7 Presentation by Council Member and SCAG Representative Ansari regarding the Southern California Association of Governments (SCAG). CMD/Nelson announced the appointment of April Blakey as Communications and Marketing Coordinator. DDPW/Liu welcomed Frank Hess as the City's new Public Works Supervisor. 4. PUBLIC COMMENTS: Mary Matson, Los Angeles Sheriffs Foundation, OCTOBER 5, 1999 PAGE 2 CITY COUNCIL announced that the Sheriffs float for the Rose Parade and fundraising efforts is being made to provide monies to aid children in the County. In response to Allen Wilson, David Liu stated that the Golden Springs Dr. project between Grand Ave. and Torito Lane is a major pavement reconstruction project which is slated to be completed 90 days after Labor Day. Jill Pierce, owner of Platinum Restaurant and Night Club, 245 Gentle Springs Dr., reported that the establishment's ribbon cutting and grand opening ceremonies will be the first week in November. The restaurant is currently open for business and includes banquet facilities. Platinum will host next month's Chamber Mixer. Clyde Hennessee complained that his statements regarding the Chamber of Commerce were not included in the City's "Quick Cap". He presented a copy of his Waste Management billing and discussed the invoice items. He stated that a recent Waste Management billing did not include a contact telephone number. He further stated that he has received excellent service from Waste Management. Sue Sisk encouraged Council Members and residents to visit Diamond Ranch High School. Al Rumpilla felt that he should not have to contact City Hall to get timely service from Waste Management for replacement of a broken trash can. He felt this was unacceptable and that the City should have permits for more than one hauler. Red Calkins wanted to know what trash hauling fees will be under the new Ordinance. Where will the City's trash be dumped after Spadra Landfill closes? MPT/O'Connor spoke to concems raised by Mr. Rumpilla and Mr. Calkins by stating that D.B. does not have just one trash hauler. There are three companies that are permitted to collect trash in D.B. - Waste Management, Athens and Valley Vista. If Mr. Rumpilla had problems with Waste Management, he could call Athens or Valley Vista. With respect to Mr. Calkins' statement that the City wants to sign a contract with Waste Management, there has been no decision made as to which hauler or haulers the City will engage and no decision has been made to go to a single provider. Dave Reynolds understood that the Public Comments portion of the agenda is for items other than agenda items. He asked whether the two previous speakers would be allowed to speak again about trash issues under Item 8.2. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Brea Canyon Streetscape Project Informational Meeting - October 6, 1999 - 6:00 p.m., Evergreen Springs Elementary School. OCTOBER 5, 1999 PAGE 3 CITY COUNCIL 5.2 Golden Springs Drive/Lemon Avenue Street Rehab Information Meeting - October 7, 1999 - 6:00 p.m., Walnut Elementary School, 841 S. Glenwick Ave. 5.3 PLANNING COMMISSION - October 12, 1999 - 7:00 p.m., SCAQMD Auditorium, 21865 E. Copley Dr. 5.4 Traffic & Transportation Commission - October 14, 1999 - 7:00 p.m., SCAQMD Hearing Board Room, 21865 E. Copley Dr. 5.5 Composting Workshop - October 16, 1999, 10:00 a.m. to 12:00 noon - Sycamore Canyon Park, 22930 E. Golden Springs Dr. 5.6 D.B. General Municipal Election Candidate Forum - October 18, 1999 - 7:00 p.m_, SCAQMD Auditorium, 21865 E. Copley Dr. 5.7 City Council Meeting - October 19, 1999 - 6:30 p.m., SCAQMD Auditorium, 21865 E. Copley Dr. 5.8 D. B. Chamber of Commerce Business Expo and Job Fair - October 23, 1999 - 9:00 a.m. to 3:00 p.m., Kmart Shopping Center parking lot. 6. CONSENT CALENDAR: C/Ansari moved, C/Huff seconded, to approve the Consent Calendar with the exception of Item 6.3. Motion carried by the following Roll Call vote with MPT/O'Connor recusing herself from voting on Item 6.5: AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.1 APPROVED MINUTES - Regular Meeting of September 21, 1999 - As submitted. 6.2 RECEIVED & FILED PARKS & RECREATION COMMISSION MINUTES - Regular Meeting of August 26, 1999. 6.4 REVIEWED AND APPROVED TREASURER'S STATEMENT for August, 1999. 6.5 APPROVED CONTRACT AMENDMENT WITH SHEPPARD, MULLIN, RICHTER & HAMPTON, LLP - for legal services related to the Lanterman Developmental Center proposed forensic confinement compound project with Sheppard, Mullin, Richter and Hampton, LLP, in the amount of $75,000 for a total contract amount of $225,000. OCTOBER 5, 1999 PAGE 4 CITY COUNCIL MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.3 APPROVED VOUCHER REGISTER - dated October 5, 1999 in the amount of $825,663.04. MPT/O'Connor recused herself from approval of A8840 for $5,791.81, P.O. 9009 for $2,973.15, P.O. 9179 for $10,974.69 and P.O. 8883 for $15.96 relating to the Lanterman Proposed Forensic Confinement Compound Project. MPT/O'Connor asked for an explanation of the item on Page 5 of the Warrant Register pertaining to Employee Parking Permits and stated that she would be voting NO on approval of this item. C/Herrera moved, C/Ansari seconded, to approve the Warrant Register as submitted. Motion carried by the following Roll Call vote with MPT/O'Connor voting "NO" on approval of the Employee Parking Permits on Page 5 of the Warrant Register in the amount of $201.04: AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 7. PUBLIC HEARINGS: None 8. OLD BUSINESS: 8.1 SUBCOMMITTEE REPORTS: (a) LANTERMAN DEVELOPMENTAL CENTER'S PROPOSED FORENSIC CONFINEMENT COMPOUND PROJECT. MPT/O'Connor recused herself from this matter and left the dais. CM/Belanger announced that upon the City's request for clarification on the State's recision of the forensic expansion, the State responded by filing a motion to dismiss the City's lawsuit. Other items such as the Mitigated Negative Declaration of approval are still matters of contention by the City and will be argued in court on October 15, 1999. C/Herrera reported that she had an appointment to discuss this matter with Clifford Allenby on October 28,1999. Sue Sisk pointed out that the issues with the State are not over and that the City still does not have a definition of "severe behavioral" from Clifford Allenby. She suggested that the Advisory Meeting OCTOBER 5, 1999 PAGE 5 CITY COUNCIL schedule should be advertised in local publications and posted on Cable TV. Hearings on this matter are scheduled for October 15 and 19. C/Herrera stated that notices will be sent out with respect to the next meeting. Packets including the minutes of prior meetings will be sent out a week in advance of the October 25 meeting. Dr. Lawrence Rhodes thanked Council for changing the title of the project from Lanterman Expansion. MPT/O'Connor returned to the dais. (b) WILDLIFE CORRIDOR CONSERVATION AUTHORITY - MPT/O'Connor explained the conduct of the WCCA Board and the special September 22, 1999 meeting. The group presented an amendment to move the $10,000,000 of Prop A funds to the Wildlands Authority. There was no background and no information presented regarding the Wildlands Authorty. When she stated point of order due to lack of 72 hour notification, none of the other members could tell her when they received the information that this matter was going to be on the agenda. The item was not on the amended agenda and was approved with no information provided to the board members. Council Member Powers from La Habra Heights stated that he also did not receive a copy of the resolution. WCCA members were presented an amended resolution at 7:30 p.m., the start of the September 22 meeting. She did not believe that WCCA members were properly notified of this matter. Mr. Powers, who is an attorney, questioned the legality and liability. She indicated that she and Mr. Powers were overruled and that the vote was passed to proceed to request that the Board of Supervisors transfer the $10,000,000 to the Wildlife Conservancy for the purpose of purchasing a portion of the Boy Scout Firestone property. She sent a letter to all governing board members and to the Board of Supervisors objecting to these practices. She asked staff to bring back a report on the City of Industry's proposal and the Wildland Authority proposal to purchase the Boy Scout Reservation Property. C/Ansari asked the City Attorney to look into the legality of the matter. She complimented MPT/O'Connor for her swift response to the WCCA Board. She stated that she has been concerned about the lack of notification and documentation on the part of the Board. C/Herrera stated that two years ago, the Wildlife Corridor Conservation Authority had a resolution on the agenda to give the $10,000,000 to Mountains Recreation Conservation Authority (MRCA) OCTOBER 5, 1999 PAGE 6 CITY COUNCIL which is a subsidiary of Santa Monica Mountains Conservancy controlled by Joe Edmiston. She wondered how WCCA could give away $10,000,000 twice and whether the first resolution was rescinded. CM/Belanger responded that the resolution that was approved by WCCA had, as one of its sections, a supercision section superseding the earlier resolution and any previous action by the Governing Board of the Wildlife Corridor Conservation Authority relative to the acquisition of Firestone/Boy Scout Reservation in Tonner Canyon to the extent that any such previous action is inconsistent therewith. That previous action was accomplished through an agreement. The resolution that was ultimately considered by the WCCA Board did not have that section in it likely because they would have had to bring an agreement back and there seemed to be some sense of urgency with making that approval that evening and not tomorrow night when WCCA again meets. MPT/O'Connor stated that WCCA announced that the City of Industry is offering $12,250,000 for the Firestone/Boy Scout property, which means that WCCA needs an additional $2,250,000 to match the offer. WCCA is looking to the Wildlands Conservancy to come up with the additional monies to match City of Industry's offer. C/Huff expressed concern about why the City continues its membership of WCCA. The City remained in WCCA to have a say in how the sphere of influence and surrounding areas would remain protected. When it comes to key decisions regarding impacts to the City's sphere of influence, WCCA finds a way to meet the legal requirements and keep the City in the dark. He believed the process WCCA uses is wrong. He suggested that the City reconsider its involvement in WCCA. (c) OTHER SUBCOMMITTEE REPORTS - C/Ansari discussed a redevelopment committee meeting with C/Huff last week in which it was discovered that the Ralphs Company will be actively looking for a tenant for its empty space in the Country Hills Towne Center. She announced that the City will again be involved in the International Shopping Center conference which takes place next week. MPT/O'Connor reported on the progress of the subcommittee preparing for the City's Millennium Party on December 31, 1999. C/Huff reported on recent Alameda Corridor and CLOUT meetings. He stated that he attended a dinner, which legal counsel for Mayor OCTOBER 5, 1999 PAGE 7 CITY COUNCIL Hahn of D.B.'s sister city also attended. The sister city was little affected by the recent earthquake. 8.2 SECOND READING OF ORDINANCE NO. 12(1999): AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING CHAPTER 8.16 OF TITLE 8 OF THE DIAMOND BAR CITY CODE ADOPTING REQUIREMENTS AND STANDARDS RELATING TO THE COLLECTION, RECYCLING, TRANSPORTATION AND DISPOSAL OF SOLID WASTE, RECYCLABLE, AND COMPOSTABLE MATERIALS - The proposed ordinance will affect waste hauler permitting and waste prevention and recycling programming in the City. Several provisions are proposed addressing yard waste collection, rate restructuring for all residential and commercial accounts, refuse containers and an automated collection system, public education, and recycling services provisions for all generating sectors. The proposed provisions have been modified based on public input received on September 21, 1999 at the regular meeting of the Council. Dave Reynolds spoke about the Solid Waste Task Force's process and resulting recommendations to Council. He stated that he continues to favor a three -barrel system. He outlined the considerations involved in determining pricing. Clyde Hennessee spoke about the proposed ordinance. He stated that items were erroneously removed and included. Al Rumpilla asked Council to not interfere with residents' rights to negotiate for discounts with the haulers. Dean Ruffridge, Waste Management, announced that the call in number regarding billings is 800-266-7551 and that billing statements will be corrected for the next billing cycle to reflect the telephone number. Spadra will be closing early in 2000 and Waste Management has contingency solutions for the City's waste. Don Gravdahl said he is not convinced that the proposed ordinance addresses commercial and multi -residential trash concerns. He asked Council to request that J. Michael Huls resign as soon as possible due to a potential conflict of interest resulting from his partner's comments in support of Western Waste during the September 21, 1999 City Council meeting. MPT/O'Connor responded to Mr. Hennessee that there are no pages missing from staffs report. It is a different report from last meeting's report. Regarding his statement that the Council asked to have the motor oil portion removed and that it is now back in the ordinance, she said that she was confused about the distinction between single family and multi -family and that it is staffs job to make certain that the Council is properly informed and OCTOBER 5, 1999 PAGE 8 CITY COUNCIL that is precisely what staff has done. She thanked staff for bringing the matter to Council's attention and clearing up the matter. With respect to Mr. Rumpilla's comments about the City limiting the amount of discount, three permitted haulers stated their opinions regarding fair discount maximums. From comments made by the haulers, the City determined that a 30% discount would be a fair maximum discount. C/Ansari stated that, with respect to the City's consultant, the gentleman who spoke at the September 21 meeting was working on his own behalf and did not espouse what J. Michael Huls had told him to say. The next day, Mr. Huls was informed about his colleague's comments. Mr. Huls reviewed the tape and the comments and wrote a letter to the Council indicating that the speaker did not have authority to give such advice. Never has Mr. Huls indicated to Council that it should select one waste hauler over another waste hauler. She believed that Mr. Huls is an excellent consultant and has assisted the City in many ways. The September 21 speaker is no longer employed by Mr. Huls. C/Herrera stated that, with respect to lack of adequate recycling for large commercial cardboard containers, Section 3, Page 2 seems to address that issue. CM/Belanger stated that the intent of the ordinance is to provide language that creates the possibility of creating a commercial recycling program. Mr. Huls explained that the statement contained in Section 3 on Page 2 is intended to mean that any material which is not commonly recognized as a recyclable material would not be recycled. Technically, about 80% of material that is thrown away is recyclable but it is much less than what is actually economically recyclable. CM/Belanger responded to C/Herrera that adequate language is contained within the ordinance to insure commercial recycling. The key is to make certain that the haulers who provide commercial service provide a program that reflects the intent of this ordinance. C/Herrera asked CA/Jenkins if there is a conflict of interest when comments are made by consultants and Council subsequently makes decisions based upon those statements. CA/Jenkins responded "No". A consultant may have his opinion but it does not represent a conflict of interest. The Council ultimately makes the decision. In response to C/Ansari, Mr. Huls explained that the current ordinance provides specific provisions requiring the reporting of all hauled waste and OCTOBER 5, 1999 PAGE 9 CITY COUNCIL recyclables that are picked up within the City. Each hauler is mandated to provide the City a quarterly report that identifies the specific quantities and general sources of such material. In addition, over the past several years, the City has undertaken an extensive auditing program working with the various businesses and multi -family complexes in order to institute voluntary types of programs. He then explained that the range of marketable recyclables in various communities can be as low as 15 or 20% and up to 95%. C/Huff asked for a comment on Mr. Hennessee's statement regarding bulky item pickup, which C/Huff believed can be picked up at any time. Mr. Huls explained that the proposed ordinance does not preclude any of the existing arrangements that the haulers have with the community. C/Huff asked if the ordinance legally complies with respect to amending the portion regarding oil. CA/Jenkins stated that the ordinance was introduced as first reading with the oil language removed. If Council is adding back a substantive requirement, and in this case it is, it would be required to be reintroduced first reading. C/Herrera moved, C/Ansari seconded, to waive full reading and adopt Ordinance No. 12 (1999) amending Chapter 8.16 of Title 8 of the D.B. City Code adopting Requirements and Standards Relating to the Collection, Recycling, Transportation and Disposal of Solid Waste, Recyclable, and Compostable Materials as amended with the deletion of "used motor oil" in Section 4 (i). Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 9. NEW BUSINESS: 9.1 CONSIDERATION OF A CITATION AUTHORITY ORDINANCE AND CIVIL CITATION PROCEDURES - In June 1999, Council began an examination of City code enforcement policies. The Council's desire is to focus more attention on code enforcement activities. A Council Subcommittee was formed thereafter to examine current policies and procedures and to suggest modifications where appropriate. The Subcommittee met with City staff to review policies and procedures. The current code enforcement policy is to operate on a "complaint only" or "reactive" basis. The Subcommittee recommended utilization of "proactive" code compliance policies incorporating the use of civil citation procedures to gain timely and effective OCTOBER 5, 1999 PAGE 10 CITY COUNCIL compliance. C/Ansari acknowledged receipt of a letter from Bob Zirbes, President of the D.B. Improvement Assn., in support of the proposed ordinance, which he reviewed at the Planning Commission level. He urged Council's support of the ordinance. Clyde Hennessee said he thought that the Code Enforcement Officer had the authority to write letters and citations. He believed that the ordinance unfairly requires people to fix up their property according to someone else's standards. How long does the fine period last. Martha Bruske thanked the Mayor and Mayor Pro Tem for initiating the Code Enforcement subcommittee. She expressed concern about citation authority and she suggested that the City begin a community education about how people can maintain the City, store their trash cans, etc. She said she has reported infractions that still exist. She did not support a citation authority program. Al Rumpilla expressed opposition to the matter. He asked Council to reduce the fine probation period from one year to 90 days, which he believed is more reasonable. Dave Reynolds said he has seen some deterioration in the City since he moved to D.B. He respects private property rights. However, he believed that if all residents had a sense of community and respected their surroundings, the City would be able to spend its resources in more important areas. He is particularly concerned about hillside areas. He agreed that if the City is initially more proactive in its approach, it may not need this type of ordinance. With respect to persons with physical disabilities and senior citizens who may experience a financial burden, how would that matter be addressed in a hearing. He was pleased that DBIA has an annual a "Paint Your Town" event. He would like to see an outreach program and volunteer support for those in need. In response to C/Huff, Al Flores, Code Enforcement Officer, described his duties and responded to Council's and public's questions. MPT/O'Connor commented on the good work she has witnessed being done by CEO/Flores. She agreed with Martha Bruske that there is need for community outreach, especially with respect to placement of trash cans. She asked how close the City is to hiring a part time code officer. DCM/DeStefano stated that staff interviewed a dozen candidates last week and anticipates the second interview process will take place next week. OCTOBER 5, 1999 PAGE 11 CITY COUNCIL Depending upon whether the person that is selected is currently employed, it would likely be about four to five weeks before that person is on board. M/Chang explained why he believed some situations ultimately need to be addressed through the citation process. M/Chang moved, MPT/O'Connor seconded, to direct staff to prepare all appropriate documents necessary to establish the use of Citation Authority and schedule the matter for the next available City Council meeting. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 9.2 DISCUSSION OF FOUR CORNERS TRANSPORTATION STUDY ALTERNATIVES - the County and the City are participating in a regional study to improve vehicular mobility. The Four Corners Study focuses on potential transportation improvement alternatives in the area bounded by SR 57, Interstate 15 and SR 60. Following his presentation, C/Huff asked for Council concurrence with respect to study alternatives. MPT/O'Connor expressed opposition to dedicated bus lanes and express lanes on Grand Ave. She favored consideration of a road in the area of Tonner Canyon based upon the City's General Plan statement. Overall, the Four Corners Study had been very objective. C/Ansari concurred with MPT/O'Connor. Any proposal for a Tonner Canyon area roadway has to coincide with the City's General Plan with respect to the SEA and must be cost effective. C/Huff explained that the Four Corners Study attempts to look at what is available without consideration of cost. Obviously cost will come into play down the line. C/Herrera believed Council supported the proposed SR 57/60 interchange improvement but she wanted more information regarding the feasibility of some type of roadway in the Tonner Canyon area. She concurred with MPT/O'Connor regarding no bus lanes. C/Huff asked for consensus that Council is in general support of the direction in which the Four Corner Study is going and that the Council particularly wants to see improvements to the 57160 interchange, pursue a more detailed OCTOBER 5, 1999 PAGE 12 CITY COUNCIL study of the Tonner Canyon area bypass roadway and is opposed to any dedicated bus lane on Grand Ave. Council concurred to direct staff to prepare a letter reflecting Council's comments with the letter to be signed by all five Council Members. In addition, the matter will be agendized for followup discussion on October 19, 1999. RECESS TO REDEVELOPMENT AGENCY MEETING: M/Chang recessed the City Council Meeting to the Redevelopment Agency at 10:45 p.m. RECONVENE CITY COUNCIL MEETING: M/Chang reconvened the City Council meeting at 11:25 p.m. 10. COUNCIL MEMBER COMMENTS: C/Herrera thanked individuals who helped circulate the letters regarding Ralphs Market in an attempt to get a new grocer into the Town Hills Shopping Center location. Approximately 150 letters have been collected and will be forwarded to Ralphs Market and to M&H Property. Any other individuals who wish to participate may call C/Herrera at 861-7651. MPT/O'Connor wished her middle daughter a Sweet 16 birthday on Friday. She wished her husband a happy 19th Anniversary. M/Chang thanked the volunteers and the Friends of the Library for their efforts in putting the library on the website. He said he received many complaints about the traffic jams at Montefino Ave. and Quail Summit Dr. signals during peak hours. Last Thursday, the two signal lights were synchronized with the traffic signals at the intersection of D.B. Blvd. and Grand Ave., which should help to mitigate the traffic concerns. The City recommended that South Point have teachers direct traffic during school peak traffic hour periods in order to relieve congestion at the Brea Canyon Road/Diamond Crest signal. Through community efforts, the Flintgate soundwall is on the CalTrans priority list and should be completed within three or four years. 11. ADJOURNMENT: There being no further business to conduct, M/Chang adjourned the meeting at 11:30 p.m. LYNDA BURGESS, City Clerk ATTEST: Mayor MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION AUGUST 24, 1999 CALL TO ORDER: Vice Chairman Nelson called the meeting to order at 7:07 p.m. in the South Coast Air Quality Management Auditorium, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Commissioner Ruzicka. ROLL CALL: Present: Vice Chairman Steve Nelson and Commissioners George Kuo, Joe McManus, and Joe Ruzicka. Chairman Steve Tye was excused. Also Present: James DeStefano, Deputy City Manager, Ann Lungu, Associate Planner, Linda Smith, Development Services Assistant, Sonya Joe, Development Services Assistant, and Stella Marquez, Administrative Secretary. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None APPROVAL OF AGENDA: As presented. CONSENT CALENDAR: Minutes of August 10, 1999. C/Ruzicka moved, C/Kuo seconded, to approve the minutes of August 10, 1999, as presented. Motion carried 3-0 with VC/Nelson abstaining and Chair/Tye being absent. OLD BUSINESS: None NEW BUSINESS: None CONTINUED PUBLIC HEARING: None PUBLIC HEARING: 1. Development Review No. 99-5, Variance No. 99-7, Tree Permit No. 99-1, and Negative Declaration No. 99-7 (pursuant to Code Sections 22.54, 2248 and 22.38) is a request to construct a 11,429 square foot two-story and basement single-family residence with, 2,572 square foot six -car garage and storage space, motor court, poollspa, tennis court and gazebo. The Variance is requested to allow a 100% variance in height AUGUST 24, 1999 PAGE 2 from 35 feet to approximately 38.3 feet. The Tree Permit is requested to allow replacement trees a mitigation measure for the removal of nine native California Walnut trees currently on site. PROPERTY ADDRESS: 2856 Wagon Train Lane, (Tract No. 30578, Lot 71) Diamond Bar, CA 91765 PROPERTY OWNER: Peichin Cheng 17800 Castleton Street # 106 City of Industry, CA 91765 APPLICANT: Anchi Lee 3740 Campus Drive #B Newport Beach, CA 92660 DSA/Smith presented staffs report. Variance No. 99-7 was withdrawn and the applications are consistent with the Development Code as 35 feet. Staff recommends that the Planning Commission approve Development Review No. 99-5, Tree Permit No. 99-1, and Negative Declaration No. 99-7, Findings of Fact, and conditions of approval as listed within the Resolution. VC/Nelson opened the public hearing. Anchi Lee, Architect, presented a model of the proposed project and explained the reasons for the design VC/Nelson closed the public hearing. C/Ruzicka said he is concerned about using the allergy element with respect to removal of the Walnut trees. DCM/DeStefano stated that the current location of the Walnut trees is essentially on top of the hill. That is the location that the applicant is proposing to construct the home. As a result, the location of the trees and the saving of those trees creates an unreasonable hardship upon the applicant. Staffs recommendation is based upon the fact that the development of the property would be unreasonably reduced as a result of the saving of this grouping of Walnut trees. The issue about the allergy that the applicant has to Walnut trees is unrelated to the removal of the trees. 'The allergy issue is a result of the applicant's desire to replace the lost Walnut trees with two additional species. The argument that C/Ruzicka raises holds true. VC/Nelson asked if 27 Walnut trees could be used elsewhere in the City allowing the applicant to landscape with whatever species they choose. DCM/DeStefano stated that the City has previously permitted off site mitigation in the form of either an off site habitat or installation of trees as a result of cash deposited with the City. One option would be to find an appropriate donor site for Walnut trees in the immediate area, to locate Walnut trees or a similar species in a public park such as Sycamore Canyon Park or to request a cash contribution for the equivalent of the replacement trees to be used in medians or on other public property. VC/Nelson asked if the applicant would have a problem with mitigating off site with in kind trees. AUGUST 24, 1999 PAGE 3 Peichin Cheng, property owner, stated she is willing to mitigate this concern by planting 13 or 14 of the trees in a public setting and keeping the remaining replacement trees on-site. DCMMeStefano responded to VC/Nelson that the owner's proposal is acceptable to staff. DCM/DeStefano indicated to C/Ruzicka that replacing the 14 trees off site could eliminate the allergy element. VC/Nelson stated he believes C/Ruzicka's point is well taken and in respect to sensitivity to the allergy element, the Commission does not want to set a precedent. VC/Nelson recommended that the park setting replacement trees be Sycamore trees. Following discussion, C/McManus moved, C/Ruzicka seconded, to approve Development Review No. 99-5, Tree Permit No. 99-1 and Negative Declaration No. 99-7, Findings of Fact, and conditions of approval, as listed within the resolution subject to the following amendments: The elimination of the second sentence of Paragraph 2 under (k) on page 5, and the addition of the following sentence to Paragraph 2 under (k) on page 5 to wit: "Fourteen of the 24 native species replacement trees shall be planted at Summitridge Park with the specific location to be determined by the Community Services Director." Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS PLANNING COMMISSION COMMENTS: INFORMATIONAL ITEMS: Kuo, McManus, Ruzicka, VC/Nelson None Chair/Tye None Videotape of the Four Corners Report presentation that was made to the City Council on August 17, 1999. Following the tape showing, DCM/DeStefano stated that as the study has progressed there has been give and take on the part of interested parties and communities regarding some of the components under consideration. This community has stated its concerns regarding the use of Grand Avenue for an express bus route. Brea has indicated their concerns over Tonner Canyon. The studies are continuing as a result of discussion at the policy committee level to study the alternatives. 2. Public hearing dates for future projects. DCM/DeStefano stated that Ed Roski has entered into a long term lease agreement to acquire about 600 acres in the City of Industry between the SR 60 and Valley Boulevard, Grand Avenue and Brea Canyon Road. Roske is a major industrial developer and is working on a plan to develop 6.5 million square feet (about four times the size of the Brea Mall) of industrial space. AUGUST 24, 1999 PAGE 4 DCM/DeStefano reported that the Dolezal Map Project was approved by the City Council at its August 17 1999, meeting. Staffis moving forward with the implementation of the project conditions. The City Council did not make any changes to the Planning Commission's recommended Resolution and conditions. DCM/DeStefano pointed out the commencement of a number of public improvement projects. Future public hearing items include homes, the SEMA project, and Development Code amendments. SCHEDULE OF FUTURE EVENTS: As listed in the agenda. ADJOURNMENT: C/Ruzicka moved, CIMcManus seconded, to adjourn the meeting. There being no further business to come before the Planning Commission, VC/Nelson adjourned the meeting at 9:04 p.m. Respectfully Submitted, J es DeStefano Deputy City Manager Attest: Steve Nelson Vice Chairman MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION SEPTEMBER 14, 1999 CALL TO ORDER: Chairman Tye called the meeting to order at 7:07 p.m. in the South Coast= Air Quality Management Auditorium, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Vice Chairman Nelson. ROLL CALL: Present: Chairman Steve Tye, Vice Chairman Steve Nelson and Commissioners George Kuo, Joe McManus, and Joe Ruzicka. Also Present: James DeStefano, Deputy City Manager, Ann Lungu, Associate Planner, Linda Smith, Development Services Assistant, Sonya Joe, Development Services Assistant, and Stella Marquez, Administrative Secretary. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None APPROVAL OF AGENDA: As presented. CONSENT CALENDAR: 1. Minutes of August 24, 1999. C/Ruzicka moved, C/McManus seconded, to approve the minutes of August 24, 1999, as corrected. Motion carried 4-0-1 with Chair/Tye abstaining. OLD BUSINESS: None NEW BUSINESS: None CONTINUED PUBLIC HEARING: None PUBLIC HEARING: 1. Development Review No. 99-7 (pursuant to Code Sections 22.48.020) is a request to operate a restaurant within an existing 1,190 square foot retail shopping center suite. PROPERTY ADDRESS: 23545 Palomino Drive, Suite F Diamond Bar, CA 91765 SEPTEMBER 14, 1999 PROPERTY OWNER: APPLICANT: PAGE 2 Arnold Valencia, AP - Diamond Bar, LLC 12383 Lewis Street Garden Grove, CA 92840 Fred Degroot 347 San Leandro Drive Diamond Bar, CA 91765 DSA/Joe presented staffs report. Staff recommends that the Planning Commission approve Development Review No. 99-7, Findings of Fact, and conditions of approval as listed within the resolution. Chair/Tye opened the public hearing. There was no one present who wished to speak on this item. Chair/Tye closed the public hearing. Following commission discussion regarding parking, proposed hours of operation and lighting requirements, C/Ruzicka moved, VC/Nelson seconded, to approve Development Review No. 99-7, Findings of Fact, and conditions of approval as listed within the resolution subject to the following amendment: Condition (c) or Page 6 shall read as follows: "Hours of operation shall be between f1:00 a.m, and 9:30 p.m., Sunday througl Saturday." Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS PLANNING COMMISSION COMMENTS: Kuo, McManus, Ruzicka, VC/Nelson, Chair/Tye None None None INFORMATIONAL ITEMS: DCM/DeStefano stated that staff has been working toward the creation of a revised General Pian Housing Element. As a result of staffs diligence regarding the draft allocation of dwelling units to the City of Diamond Bar by the Southern California Association of Governments and the San Gabriel Council of Governments, the allocation has been reduced from 246 units to 165 units over the next seven year time period. Staff is hopeful that the San Gabriel Valley Council of Governments Board will approve that number this coming Thursday evening. SCHEDULE OF FUTURE EVENTS: As listed in the agenda. SEPTEMBER 14, 1999 PAGE 3 ADJOURNMENT: C/Ruzicka moved, Chair/Tye seconded, to adjourn the meeting. There being no further business to come before the Planning Commission, Chair/Tye adjourned the meeting at 7:45 p.m. Respectfully Submitted, C JarWs DeStefano Deputy City Mana er Attest: 14,-1a ---rua- - Steve Tye Chairman ,_. CITY OF DIAMOND BAR MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION JULY 8, 1999 CALL TO ORDER: Chairman Morris called the meeting to order at 7:04 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 Chair Morris. ROLL CALL: Commissioners: Chairman Roland Morris, Vice Chairman Arun Virginkar, and Commissioner Scott Lin. Absent: Commissioners Joyce Leonard -Colby and Jack Istik were excused from the meeting. Also Present were: David Liu, Deputy Director of Public Works; Rose Manela, Associate Engineer, John Ilasin, Engineering Intern; Linda Smith, Development Services Assistant; Sonya Joe, Development Services Assistant; Deputy Tim Perkins, Walnut Sheriffs Station, and Sharon Gomez, Administrative Secretary. I. APPROVAL OF MINUTES: A. Minutes of June 10, 1999. VC/Virginkar moved, C/Lin seconded, to approve the minutes of the regular meeting of June 10 8, 1999 of the Traffic and Transportation Commission as submitted. Motion approved with the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS H. COMMISSION COMMENTS: None Lin, VC/Virginkar, Chair/Morris None Leonard -Colby, Istik JULY 8, 1999 IV. V. PUBLIC COMMENTS: CONSENT CALENDAR: PAGE 2 None A. Request to red curb the northeasterly corner of Sunset Crossing Road and Tellgate Drive. AE/Manela presented staffs report. Staff recommends that the Traffic and Transportation Commission concur with staffs recommendation to red curb the northeasterly curb return on Sunset Crossing Road at Tellgate Drive and forward said recommendation to the City Council for approval. Bob Ramos, 23605 Tellgate Drive, said he agrees with staffs recommendation. His only concern is that the red curbing might be extended to Tellgate Drive and if so, he does not agree with red curbing on Tellgate Drive. He stated that he and the other six resident families of the cul-de-sac have a concern about the visibility problems at this intersection. Cathy Rudan, 23546 Sunset Crossing Road, agreed with staffs recommendation. Following discussion and clarification of staffs recommendation, C/Lin moved, VC/Virginkar seconded, to concur with staffs recommendation to red curb the northeasterly curb return on Sunset Crossing Road at Tellgate Drive and to extend the red curbing onto Tellgate Drive, if necessary, as determined by staff, and forward the recommendation to the City Council for approval. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lin, VC/Virginkar, Chair/Morris NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Leonard -Colby, Istik OLD BUSINESS: A. Fiscal Year 1999-2000 Goals and Objectives of the Traffic and Transportation Commission. DDPW/Liu presented staffs report. Staff recommends that the Commission review the attached information and direct staff as necessary. VC/Virginkar recommended that the recommended list be reviewed when all Commissioners are present. Chair/Morris pointed out similar listed items that could be consolidated. He asked that staff JULY 8, 1999 PAGE 3 consolidate repetitive items as well as, items that are beyond the scope of the Commission. VCNirginkar asked that staff strike a line through the items that have been completed and items that are ongoing and leave the items on the list for the Commission's information and discussion at the next meeting. VI. NEW BUSINESS: A. Speed limit on Lycoming Street between Lemon Avenue and Brea Canyon Road. AE/Manela presented staffs report. Staff recommends that the Traffic and Transportation Commission concur with staffs recommendation to maintain the existing 35 mph speed limit on Lycoming Street between Lemon Avenue and Brea Canyon Road. Chair/Morris stated that this matter was brought to the Commission by C/Istik. In fairness to C/Istik, this matter should be continued to the August 12 meeting. Without objection, the Commission concurred. B. Installation of "1 -Hour Parking, 7:00 a.m. - 4:00 p.m., School Days Only" signs on Los Cerros Drive. DDPW/Liu presented staffs report. Staff recommends that the Traffic and Transportation Commission concur with staffs recommendation to install "I -Hour Parking, 7:00 a.m. - 4:00 p.m., School Days Only" signs on Los Cerros Drive and include said street in the Diamond Bar Preferential Parking District No. 1, and forward the recommendation to the City Council for approval. DDPW/Liu pointed out that staff received an e-mail from Leo and Karen Escracega requesting the Commission's support of staffs recommendation. C/Lin moved, VCNirginkar seconded, to concur with staffs recommendation to install "I -Hour Parking, 7:00 a.m. - 4:00 p.m., School Days Only" signs on Los Cerros Drive and include said street in the Diamond Bar Preferential parking District No. 1, and forward the recommendation to the City Council for its approval. C. Florescent Strong Yellow Green School Crossing Warning Signs. DSA/Smith presented staffs report. Staff recommends that the Traffic and Transportation Commission discuss the use of florescent strong yellow green signs at school zones in the City of Diamond Bar and direct staff as deemed necessary. JULY 8, 1999 PAGE 4 In response to VC/Virginkar, DSA/Smith stated she searched the Internet with respect to the color requirements and that all of the information was very dated. This is a new color and she has not been able to locate the specifications. DDPW/Liu suggested that the City may wish to pursue the availability of grant money to fund this project. Chair/Morris said he favors installing all signs at once. He asked if this project would fall under the jurisdiction of the Redevelopment Agency. The $10,000 is not a large amount and the current sign salvage amount would help to defer a portion of the cost. He is in favor of the project. VC/Virginkar said he strongly concurs with Chair/Morris. He would like for DB to be at the forefront of this matter. He agrees that all signs should be installed at the same time. Chair/Morris agreed that Diamond Bar should be on the cutting edge of this program and suggested that staff prepare a press release in cooperation with the Sheriffs Department for increased awareness among the residents. DSA/Smith responded to C/Lin that comments in the reports were mixed on pro's and con's on the matter of strong florescent yellow green. The reflectiveness of the florescent sign was found to be at dusk. Los Angeles County found it to be a problem. The City of Napa was somewhat iffy on the matter. The Federal guildelines spoke about the reflectivity and their findings concluded that it was a good color. Chair/Morris again pointed out the benefits of the publicity value that Diamond Bar could receive if it is the first City in the valley to install these signs. He strongly urged staff to consider completing the installation prior to the start of the fall school year or during the holiday break. VC/Virginkar moved, C/Lin seconded, to recommend that the City Council approve installation of florescent strong yellow green signs at all school zones in the City of Diamond Bar simultaneously at the earliest possible date and direct staff to pursue the availability of grant money for this project. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lin, VC/Virginkar, Chair/Morris NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Leonard -Colby, Istik VII. STATUS OF PREVIOUS ACTION ITEMS: JULY 8, 1999 PAGE 5 DDPW/Liu stated that at its July 6, 1999 meeting, the City Council reviewed and approved "No Parking Anytime Except by Permit in the residential area, and on both the east and west side of Fallowfield Drive, allow up to ten vehicles to park in front of the business. He indicated that staff will recommend that the City Council change their decision to provide "No Parking, 8 a.m.-5 p.m., Monday -Friday, Except by Permit" for the residential streets. VIII. ITEMS FROM COMMISSIONERS: Chair/Morris said that there are three different speed limits (40, 45 and 50 mph) posted along Golden Springs Drive and would like for staff to investigate this matter and make its recommendation to the Commission. He requested an update on the matter of remarking the third lane on Diamond Bar Boulevard. He stated his concern about the impact to adjacent streets from the heavy left turn traffic on Diamond Bar Boulevard at Gold Rush Drive. The left turn pocket does not accommodate the number of vehicles that use the left turn signal during peak school hours. Residents turn right from Diamond Bar Boulevard onto Gold Rush Drive and use the frontage street and residential driveways for purposes of turning around in order to make a left turn from Gold Rush Drive on Diamond Bar Boulevard and head north. He asked staff to investigate this matter and offer potential solutions. IX. ITEMS FROM STAFF: A. Deputy Perkins presented the Monthly Traffic Enforcement Update for June, 1999. The Enforcement Index was 37.2. He stated that he believes the reason for the drop in citations is due to increased enforcement. B. Verbal Presentation by DDPW Liu: Pomona Unified School District's award of funds to four schools in Diamond Bar (Lorbeer Middle School, and Armstrong, Diamond Point, Golden Springs Elementary Schools). X. INFORMATIONAL ITEMS: A. Future Agenda Items. B. Cameras at signalized intersections. Chair/Morris questioned the cost effectiveness of this proposal. This matter was deferred until additional information becomes available. C. Diamond Bar Boulevard/Gold Rush Drive traffic signal timing for school traffic. JULY 8, 1999 PAGE 6 DDPW/Liu stated that because of the summer session, staff has not been able to observe the conditions that have been reported to the City. Staff will conduct the necessary observations when school is back in session. XI. SCHEDULE OF FUTURE CITY MEETINGS AND EVENTS: As agendized. DDPW/Liu spoke about the passing of staff member and former Traffic and Transportation Commissioner Steve Tamaya. ADJOURNMENT: VC/Virginkar moved, Chair/Morris seconded, to adjourn the meeting. There being no further business to come before the Traffic and Transportation Commission Chair/Morris adjourned the meeting at 8:00 p.m. Respectfully, /s/ David G. Liu David G. Liu Secretary Attest: /s/ Roland Morris Chairman Roland Morris CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO: Mayor Pro Tem O',Coonnnor and Councilmember Herrera FROM: Linda G. Magnusoi, Finance Director SUBJECT: Voucher Register, October 19, 1999 DATE: October 13, 1999 Attached is the Voucher Register dated October 19, 1999. As requested, the Finance Department is submitting the voucher register for the Finance Committee's review and approval prior to its entry on the Consent Calendar. The checks will be produced after any recommendations and the final approval is received. Please review and sign the attached. ClTY OF DIAMOND BAR VOUCHER REGISTER APPROVAL The attached listing of vouchers dated Octorier 19, 1999 have been reviewed, approved, and recommended for payment. Payments are hereby allowed from the following funds in these amounts FUND OESCRIPTION PREPAID OUCHERS TOTAL 001 GENERAL FUND 118,435.39 143,142.11 261,577.50 010 LIBRARY SERVICES .00 159.04 159.04 011 COM ORGANIZATION SUIPPORT .00 150.00 150.00 zl2 PROP A - TRANSIT FUND .0� 8,047.13 8,047.13 115 INTEGRATED WASTE MGT FUND 5,046.25 5,046.25 l25 COM DE» BLK GRANT FUND .00 .�0 .� 2,49O.90 2,490'9O 138 LLAD #38 FUND .00 1�,983.83 16,983.83 139 LLAD #39 FUND .Oo 2�,303.38 20,303.38 141 LLAD #41 FUND .00 2,196.52 2,196.52 250 CAP�[AL I�PROV/PROJ FUND .00 232'732.75 232'732.75 REPORT FOR ALL FUNDS 118,435.39 549,687.30 APPROVED BY: Finance Director -- _ ---_= City Manager - Mayor Pro Tem Carol Heprena Councilmember L—LlY OF DiAMONL BW RUN DATE: 10/15/19' 10:40:36 VOUCHER REOIETER PACE: f DUE THRU: !(1/1911949 PREPAID FUND SECT—ACCT—PRO:"ECT—ACCT FC ;# IrJ4OIGE DESCF.'IF'TION AMOUNT DATE CHECK 3CMA, 0")14090-42115-- AE—r— r. M COORDINATOR 65.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 65,CC� TnTAL DUE VENDOR t to ACCURATE LANDSCAPE Nw _pct: ,•__ Ci; CL �1_•_1=;._ Grafi^^ .ii.?i r i . -f�f . T L n h T_Mr„Ps C 1 -OCT M H Y MSI: nr � H� 0 7._... f91"5..:'1-4`.2 MNTHL MAINT—cY_ CYN -DVT 7e. 1C, 6,01502'2-422"'-- ADNL MAINT—R REAGAN—SEPT 45, 1415=41-45 fifl — ;7'?10132 MNTHLY MAIN T—DIST 41 -OCT 2,C?50.ttCt 00 15-218 - 4 5 1310 -- 1.t = MNTHLY MAINT—SUMMTRDG—DC _ `" 52 ^53. cc 1491012-, MNTHLY MA1NT—L15T _'-OL'i 50 __, 00',5^-'1�-45 00-- t 991:`_C T MN.HLY MAINT—F'ANTEF'a—DCT t C 5E3.5. 00 1 52 `^''..r 4 C11 = MNTHLY MAINT—PETERSrJ—OCT 1 49f:.74 0015319-42210-- Al"N' MAINT—PETERSN—SEPT 145.77 itC15311-42210-- ADNL MAINT—F' GROW—SEPT 9.01 C >1532S-45300-- 0910132 MNTHLY MAINT—STRSHN—OCT '54,10 13'P55-12-455(110- -'-'lpl3= MNTHLY MAINT—DIST 8 -OCT 4? .00 0015331-42210-- ADNL MAINT—SYC CYN—SEPT 9i.42 fa015311-4530+-- 991`1132MNTHLY MAINT—P GROW—DCT 585.14 1415541-42210-- ADNL MAINT—DIST 41—SEPT 146.5:: fattlJ3 —45_:00-- 9='1Ct132 MNTHLY MAINT—HERITAGE—OCT 601.8'9 0015328-42210-- ADNL MAINT—SUMMITRDG—SEFT 56.44 1955-311-4221f;-- ADNL MAINT—DIST 39—SEPT 2.452.88 .x,153 —42210-- ADN! MAINT—DIST :3=—SEPT F9. 1� 4' MNTHLY MAIN'+—REAGAN—DCT 1,038.55. 001533101-42210-- ADNL MAINT-PANTERA—SEPT 136.48: 0015316-4221Ct-- ADrdL "HINT—M; HILL—SEPT 125.00: TOT; AL PREPAIDS ,Can TOTALVOUCIL!ERS 24 , 311.7E TOTAL DUE k,rNDOF 24, 311.7_S AME,,._:AN F'U'r•L._ lL' °= ASSOCIATIOr C1f 15551-4'2=2`-- 10/25,r:G7 F/10 -i WKSHF'—R MANEL A10/'t” 50.00 10 91 9Q9 35590 TOTAL PREPAIDS 50.00 TOTAL `-VOUCHER ,00 TOTAL I1CiE VENDOR 501, 00 .s�iLL. L.Lv i vl� v il: �� C1:1 �,i- �t 1-- '-?� 'rf SF.: __r` TV L f': C C :.: _ I2` :.167 44' .:.: F �C �I , , GGA DE .A�� TOTAL PREPAIDE. .00 TOTAL 'VOUCHERS f ,96 , 5,4: TOr.AL DUE OR F 6 E tiEri ,,G -ITT? ANIS PARE. RSC MTF,;—Q," o;:. 40. 00 TOTAL .',:EFAI:1" ,Cli? TOTAL VDUfu' HER5 40.00 TOTAL ::UE V'FNDOR 40.00 �IT" OP DIAMONIJ BAR RUN DATE: 10y15/1999 10*22�07 VOUCHER RE51STER PAG[: 2 DUE THRU� 10/19/1"QQ �� FUND/SECT-ACCT-PROJECT-A�CT PO # I��ICE �SCRIPT�DN AMOUNT DATE CHECK APPBONE EMPLOYMENT SERVICES 0014040-44-1100— 9234 CA -3685565 TEMP SVCS -SP -FT 13 96.00 TOTAL PREPAlDS .VV TOTAL VOUCHERS 96.V0 TOTAL DUE VEN0OR Y6.O0 ARMENTROUT CONSULTANTS 0014440-44040— 8966 SEP -99 EMERS SVCS PLNN-SEPT 99 1,520,00 TOTAL PREPAlDS .00 TOTAL VOUCHERS 1.520.oV TOTAL DUE VENDOR 1.�0.V0 AT&T 6014090-42125— LNG DIST CHRGS'GEN[RAL 32.02 TOTAL PREyATIDS .VV TOTAL VOUCHERS 32,02 TOTAL DUE VENDOR 32.V2 LYDIA AUSBON V01'23002— 50172 REFUND SCRTY DEP'R REA0AN 50.00 TOTAL PREPAlOS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR' 50.00 8BS7 LIGHTING - 0O15316-42�18'- EV2174/1222O REPLACE LAMF'S'MAPLE HILL 276.27 0O15311'��10-' E12\74/122O RE, LACE GLASS'P GROW 94.51 TOTAL PREPAIDS .Oo TOTAL VOUCHERS 37O.78 TOTAL DUE VENDOR 370.78 BEST N[STERN HILL HOUSE V015210 -42%N CCAPA 0NF'S JOE10/16-19 231.84 10/19/1999 35567 TOTAL PREPAlDS 231.84 TOTAL VOUCHERS .00 70AL DUE VENDOR 231.84 BILL'S 0CK AND SAFE ~ 001,5318'42210-- 153551/14640 KEYS DUP'PANTERA 15.68 0015331-42 10-- 153551/14640 REK[YlNG-SYC STORAGE 84.03 TOTAL PREPAlLS .00 TOTAL VOUCHERS 99.71 TOTAL DUE VENDOR 99.71 JOHN BLEVINS O0i'23VV2— 49400 REFUND SCKTY DEP-SYC CYN 50.00 TOTAL PREPAlDS .00 TOTAL VOUCHERS 50.00 TT A- DUE VENDOR 50.00 CITY OF DIAMOND BAR RUN DATE: 10/15/11999 10:40:36 VOUCHER REGISTER PAGE: 3 DUE THRU: 10.119/1999 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK CITY OF BFEA ^{11`35Ci-45:;1:1-- D/CAMP EXCRSN-AREA PLUNGE 1,'6.2` s=f 1 FEf, SVCS - ,� "'ja m' 4'.14E,.4_ TOTA_ PREPAID= G== TOTAL VOUCHERS 43,37.6' TOTAL DUE VE"dDOR 4` :272.67 ' YNDA B,r'0E--_ .1!014,0411-42" 3f -- BEIMI— CA'-' G:.DARID M 10-10/9 5:.878 TOTAL PREPAIDS .00 TOTAL VOUCHERS 57,0,x: TOTAL DUE VENDOR: 57, °? CALIFORNIA POL.ITICfL WEEK CAMPAIGN CNSLTh.T DIRCTRY 25.{:) 10/191'1999 355�.: TOTAL PREPAIDS X5.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 25.00 C AL PELRA 001403"0-423301-- ANNL TRNG CONF-FRI72AL C 520.00 10/19/1999 351562 TOTAL PREPAIDE SiG.GO TOTAL VOUCHERS .00 TOTAL DUE VENDOR 520.00 C. CH=NG i)Crl- ;47t-;'' 33599 RECREATION REFUND 100.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 100.00 TOTAL DUE VENDOR 100.0E CHARLES r E+E0 4 T AS I h- :_� 4- :=.r_./;/ TREE WATERING -SEPT .1,692.16 ''11`,= 45`x;-`- 1:12 .,4"-r- A.17/:= MEED ChdTt /PWY t"AINT-SEPT 4,5:5,08 11225 53 45 '7-- - I_,- Ivi' '-7 132 049-566/-111,, BUS SHELTER INSPEC-SEPT 400.0{; TOTAL PREPAIDS .00 TOTAL VOUCHERS 1.,617.24 TOTAL DGE VENDOR 6,617.24 ?ii_L i Lr?I_N RECREATION REFUND; 43.00 TOTAL PREPAIDS G0 TOTAL 'v'OUCHERS 43.00 TOTAL DUE VENDOR 43.00 C I t' T AS CORPORATION 0015316-421310-- 901:36 WKLY UNFRM RNTL-9/27,10/4 38.94 TOTAL PREPAIDS .00 TOTAL VOUCHERS 38.94 TOTAL DUE VENDOR 33.94 -I?f OF rap,,nNI BAS: RUN DATE: 1C'Jl5/14%'^ 10:40:36 VOUCHER REGISTER PAGE: 4 DUE THRU'. 10/1911'jc,0 FREPAIG FUND/SECT-ACCT-PR0,ECT-ACCT P7 INVOKE IESC=;I TION A!10U�1T DATE CNECY CITt GF LAVERNE OO14411-454•`.15-- AUF=/SEPT; PRK:G CITE HRGS-SEPT 99 '.() (,ib 14 4 1 1 - 454 05 - - AUG/SEPT PRt:G CITE HRiaS-AUC: ?'' 42.00 TOTAL F'F:EPAII'S .0c TOTAL VOUCHERS 49.00 TOTAL DUE VENDOR 49.00 COFFEESMITH COMPANY 0014090-421010-- 887: 55542 SUPPLIES -COFFEE SVCS 1:.9` TOTAL PREPAIDS (; TOTAL VOUCHERS 19.x5 TGTAL DUE VENDOR 1I,?i D °: J FOOTHILL ELECTRICAL CGNTR INC 2505:=RO-46415-111. _ . i -4`:4 5 . 1: u': � JC_i PROrr.SV �ORBEER PROJ r.: ouc,,64:.00 35{!`c:lii-46415-112'?-41.415 9::27 PROF.SVCS-LORBEER PROJ 45,871.00 TOTAL PREPAIDS ,0!" TOTAL VOUCHERS 134,514,00 TOTAL DUE VENDOR' 134,514.00 DAVID EVANS AND ASSOCIATES 2505210- 15 ; -:5, , < 464.-�1�: - 464 C796., ,•) .0558 F VC3 LORBEER PROD .�....,_ PRO .511,J' 494 : .Qo TOTAL PREPAIDS .00 TOTAL VOUCHERS 999.90 TOTAL DUE VENDOR 9. Ur:'• °: NITt CO' -';V CENTER Oi!ic5l'``'-X1200-- PRNTING SVCS -FALL FESTIVL 487.13 TOTAL PREPAIDS .00 TOTAL VOUCHERS 487.1^ TOTAL DUE VENDOR 487.1: lF TA CARE PMI OC1-'=1104-- OCT OCT -DENTAL PREMIUMS 249.65 10.119/1999 35583 TOTAL PREPAIDS 249.65 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 249.65 DELTA DENTAL 00"21104-- OCT OCT—INTR. PkEM I UMS 1, 474.66 10/19/1999 3S584 4 TOTAL PREFAIDS 1.479.66 TOTAL VOUCHERS ,$): TOTAL DUE VENDOR 1,479.66 CAROL DENNIS 00'15513-44000-- 9005 DBCCQQ 1 00 :=1`_!•_'_-4 ^-- 05 PRRO9 = ROF.SVCS-P&R MTG 23/99 140.00 1 -D -?14+140-44000-- 9005 DBC009211 PROF.SVCS-CC MTG,RDA 9/21 260.00 TOTAL PREPAIDS .00 TCI L V' ERS 400.00 TOTAL DUE VENDOR 400.00 CITY OF DIAMOND BAP RUN DATE: 10/15/199" 1O:4'::3E: VOUCHER REGISTER PAGE: 5 DUE THRU: i0l/1' r1""9 PREF'AII FUND/SECT-ACCT-PRQjECT-ACr7 PO # INVOICE DESCRIPTION AMOUNT DATE CHECK DEPARTMENT OF TRANSPORTATION 001551O-45547-- 897=' 150434 LGHTING ?- SONIL MAINT-JULY 4 S =.9;} TOTAL PREPAIDS Of; TOTAL VOUCHERS, 4r:;,9 i TOTAL DUE VENDOR 483.90 DIAMOND BAR CHAMBER OF COMMERCE 0014090-42115-- ?104 1045 AD -FULL FG -JULY -OCT 00 0_014090-421 15-- 9104 1045 FULL PAGE AD -OC? TOTAL PREPAIDS [� TOTAL VOUCHERS l OOO,O<t TOTAL BUEE VENDOR. i OuO.CO DIAMOND BAR IMPROVEMENT ASSOCIATION 0014090-42115-- 90tH 256.4 ADVRTSING-OCT ISSUE 440. 00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 440.00 TOTAL DUE VENDOR 440,00 DIAMOND BAR KIWANIS 0015350-45305-- CONCESSNS-CNCRTS IN PARI; 253.25 TOTAL PREPAID .00 TOTAL VOUCHERS 253.25 TOTAL DUE VENDOR 253.25 DIAMOND BAR REDEVELOPMENT AGENCY 001-13150-- RDA ADVANCE TO RGA -10/191199 10,894.60 10/19/1999 RDA TOTAL PREPAID5 10,894.60 TOTAL VOUCHERS ,OC; TOTAL DUE VENDOR 10,894.601 DIAMOND ARA4AL LYi YMCA' 1255215-42.355-- 8942 AUG COE., PRGRM-DAY CAMP -AUG 2,417.00; 1401'-'"42.^•.5=-- SPNERSHF'-D/DELIO MEMORIAL 150.00 TOTAL PREPAIDS ,Cut TOTAL VOUCHERS 2.567.00 TOTAL DUF_ VENDOR.' 27 • 5F.7,Q5,7.00 T ;.OJILtT L HOTEL u_14: 0-4 30-- CALFELRA CONT-ATOCM FRTZL 594.28 TOTAL FREPAIDS .00 TOTAL VOUCHERS 594.28 TOTAL DUE VENDOR 594,25 PS-DEPAL EXPRESS '17152'96:_ EXPRESS MAIL -EN 910-160 16.010 - 7'15'Z?632 EXPRESS MAIL -GENERA.. GOVT 17.75 C `1-23OiO-- 771.2.96;2 EXPRESS MAIL-FrL 92-001 15.00 TOTAL F'REPAIDS .00 TOTAL TOUCHERS 48;.75 TOTAL DUE VENDOR 48,75 PAGE: 6 PREPAID AMOUNT DATE GTEG' 40.0 .00 40.00 40.0A 12. .00 l�.aO 1,734.71 101/19,1999 55/_F . n• ',. i,i .fi .0c, 1,734.71 25 Z.00 i5 v 1 _i 1,560.00 560.00 1.560.00 7::.21 156.43 .00 234.64 .4.64 407.76 .00 407.76 407.76 1x.94 159.04 `4, :;9 352_.` "40.38 4'2'.46. r;1/_ . C!ii 'L ' .r .35 7 RUN DATE: 10/15/1999 10:40:36 VOUCHER REGISTER DUE THRU: FUND .'SECT- ACCT -PROJECT-ACCT DfSCRI1=TICN ANNETTE FINNERTY f!it1X35 : _ ,t;-44100-- PARI c GEL MIG-pSy:j/V�-r TOTAL PREPAII' '' TOTAL VOUCHEPc TOTAL DUE VENDOR FGdD SYSTEMS INC. 0014090-42:25-- 2,,=`75 1712tiMEETING SPPLS-ACE 6/28 9g TOTAL F'REF'AIDS TOTAL VOUCHERS: TOTAL DUE VENDOR CARRY KEEL 0014440-4624;!-- 114 -_ E>:-EMER PREPRDNSSS ICTAL F`REPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR ANN GERMAIN 001-3478"';-- ;3186 RECREATION REFUND TOTAL PREPAIDS E TOTAL VOUCHERS TOTAL DUE VENDOR GRAFFITI CONTROL [Y T' -MS - 0015552-4552C- G(,'f r80Qd'? GRAFFITI R M _ -S_ CT 90 TOTAL PREPAIDS TOTAL VOUCH�FCZ TOTAL DUE VENT+OR RAIN,-, R ..:1 ._ AUL1S REF'�ACf-HERITAGE SUF'F"._iES-CONE. CENTER TOTAL PREFAIDS TOTAL VOUCHERS TOTAL DUE VENDOR. ,RANI! MOBIL 00iS310-422"00-- 91` := 1-, REPAIR; & M!AINT-CIT'' VECH. TOTAL PREPAIDS TOTAL VOUCHERS TOTAL I,lE 'VENNI OR GTE CALIFORNIA ?16-42 ,�__ �.: _ x,0.,=_;1:%"' F'H.SVGS-"IAFLf HIL' F'ARk -h'il5 DEM C,CLKiV,4 �vf'C_M_ :1 l:- 3 `5----42..._ 6�C;Fi PH.S4"C,. _IFRAR , 4j2=-- :;t;�?74+? Fi .S'VCS-MODEM C'CNL PH.SVCS-HRTG COMM,G F' PH. SVCS -GENERAL GOVT rt.1:.5 ,n-7-72429' F'H,5,"'S-fC0"d DVLF 4%117 PH. VC_ -R R AGA" PARR _. T`:TA' c'F,fF'' ..r PAGE: 6 PREPAID AMOUNT DATE GTEG' 40.0 .00 40.00 40.0A 12. .00 l�.aO 1,734.71 101/19,1999 55/_F . n• ',. i,i .fi .0c, 1,734.71 25 Z.00 i5 v 1 _i 1,560.00 560.00 1.560.00 7::.21 156.43 .00 234.64 .4.64 407.76 .00 407.76 407.76 1x.94 159.04 `4, :;9 352_.` "40.38 4'2'.46. r;1/_ . C!ii 'L ' .r .35 7 'CIT", , OF DIAMOND BAR_ RUN DATE: lii r /1.,/1.59r' 1D:40!36 VOUCHER REGISTER PAGE: . DILE THRU: 1D/ 19/:9'99 FUND/S7CT—ACCT—FROL;ECT—ACCTF" a u T i'CICE ,115- DE`"HI'?i0N PREFAII AMOUNT DATE CHECk:. LAURA v HANSEN " `4. ;'`b4 RECREATIO"ti. REFUND u,t;i: T; A ❑ 71L ,TFRE; H TOTS_ dOUCHERS TOTAL DUE VENDOR TTI Trp* c. RO! nom•., y D 4,4 REFUND SCRTY PEP—PETERSDN 5;,0Of TOTAL PREPAIDS .DD TOTAL VOUCHERS 5i).Ofl TOTAL DUE VENDOR QD HI�L CORE" & CONE 0014050-44600-- •- CAFE' STAT PIG -48!99 TOTAL PREPAIDS TOTAL VOUCHERS 300.00 TOTAL DUE VENDOR '300.0f) n HIGulP01NT ?14t';`-42515 45474 DOTL PREF'RSS SVCS—DICRUS TOTAL PREPAIDS ,Dia TOTA1. VOUCHERS n e . D IAL DUE VENDOR 1 i .65 FAREN HOLDER ♦5 t't!, .,._ .,v-441 CJD-- 5 _ PAR',. v., REC MTG-9/2:5/.. 4D.Di; !time FREPAIrc TOTAL VOUCHERS 40.00 TOTAL DUE VENDOR 40,00 4_P7E ,yC SUPPLIES—PETERSON PLK 161.2` SUPPLIES—PANTERA 4'-.g2 TOTAL PREPAIDS 001 TOTAL Vni;�L�qqq 2211.17 TOTAL DUE VENDOR -; 17 'jt1551v 44240-- i CCC4L 5'15_: PROF SVCS—NFDES—SEPT 1,145,05; -4._ :+I-- USED OITI S,! AST' --SEPT 5,046.229 TOTAL PREPAIDS .00 TOTAL VOUCHERS E:,191.25 TOTAL DUE VENDOR 4,191.25 OCT—PAYROLL DEDUCTIONS ON., 2,748.00 10/19/1999 35571 PPI`'%I`a OCT—CONTRIA—ALL DEPTS 11, 9 9 70� ; .9 : 5 1D/1. /1'99" ., 35 5571 TOTAL PREPAIDS 14,455,9` TOTAL VOUCHERS ,Ota TOTAL DUE VENDOR 14,455.95 Cllvl OF DIAMOND8� RUN' DATE, 110/15/1999 10140:36 VOUCHER REGISTER PAGE: 8 DUE THRU: 10/19/1999 PREpAID FUND /SECT -ACCT -PROJECT INVOICE DESCRIPTION MOM DATE CHECK lCMA RB1REM[N7'401 001'211OR�' PPI 7/i8 PP18/19 DEP C01,11P 401(A) 1.342.3V 10/19/\9QQ 35570 TOTAL PREPAlDS 1,342.3O TOTHLVOUICHECR� TOOTALDUEVENDOR 1,34 22. 01 INFOHMIK OO\4V5V-44V3V— 92�� 13YO435-00 ANN- �n ��-l1�m-11�� nos "36 TOTAL FRE -PAI -LIS' .VV TOTAL VOUCHERS 2.2V8.30 TOTAL DUE VENDOR 2.2V8.3V INLAND VALLEY DAILY BULLETIN 801-230\O'- 45504645 LEGAL AD -FPL 9"3O i31.63 0( 1508749 LEGAL ABfPL 9Y-34 1i7.00 TOTAL PREE9AlDS .V0 TOTAL VOUCHERS 248.63 TOTAL � VENDOR DUE 2 INT', COUNCIL OF SHOPPING CENTERS O014095-��15'' ��HP UUES-T M8NTGUMRY 5�.00 T0TAL PREPAlDS.00 TOT Ai- VOUCHERS ` 50 . 00 TOTAL DUE VENDOR _ 50.00 lNTERNATIDNA'" CUNF OF BLDG OFFICIAL 0015210-42320— 998919113 BLDG CODES-8LOG&SFTY DIV 895.95 T0AL P�PAlUS .V* TOTAL VOUCHERS 895.95 TOTAL DUE VENDOR O95.95 jQE A CONSALVES & SON 0014010-44000'- 9007 PRUF.LEGSLTlVE'DCT YY 3,000.00 TOTAL PREPAlDS .00 TOTAL VOUCHERS 3,080,O0 T0�U��NDOR 3,000.o JlCHN R BY[RLY INC ` 250 YV93 6236 PRDF.SVC-lNSPCTN POLES/BS 3.135.00 TOTAL PHEPAlOS .VV TOTAL VOUCHERS 3.135.00, TOTAL DU[ VENDOR 3035.00 C�RL\SA JORDAN O0�'34788- 33731 . RECREATlQN REFUND 43.00 TOTAL PREPAlDS .00 TOTAL VOUCHERS 43.00 TOTAL DUE VENDOR 43.0O CITY OF DIAMOND BAF. RUN DATE' 10,'15/1•999 10'40-1.6, 'VOUCHER. REGISTER F'AGE: DUE THRU: 10/19/19c'' PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK. JUDICIAL DATA SYSTEMS CORPORATION 00144]1-45405-- 9.'4 HEARING PROCESSING -8/99 ^-.0>,DO 0:014411-4540t,-- E.6 `4 REVIEW PROCE13ING-8/ 99 -�•L0 0014411-45405--52 5-- �:i;�:4 PAR,:I•iG .•.._ TOTAL PREPAIDS !)0 TOTAL VOUCHERu �•a i•- TOTAL DUE VENDOR -``=1 36 DARIN KASAMOTO _x=•:42 REFUND S�.RTY OE H F:I!AsL ,10 0: . TOTAL PREPAIDS •�0 TOTAL VOUCHERS; 20C' • 0%0 TOTAL DUE VENDOR '00.00 KENS HARDWARE 0015310-41200-- SUPPLS-PARK: MAINT 180.85 0015:10-41200-- SUPPLS-PANTERA 5.05 TOTAL PREPAIDS •01 TOTAL VOUCHERS 185.90 TOTAL DUE VENDOR 185,90 KIMBALL OFFICE GROUP 00'5511+-4 ^20-- _'"1' 52014' FURNITURE -DPG! DIRECTOR: 3,206 .0? TOTAL PREPAIDS .tK? TOTAL VOUCHERS — 3,206.07 TOTAL DUE VENDOR 3,206.07 'r;IR'�'. XF'EDX 0!t?14`_9::-41201?-- 424` K007614 PAPER SUPF':.IES-GENERAL 487.1_, TOTAL F'REFAIDS .00 TOTAL VOUCHERS 4t:1.11. TOTAL DUE VENDOR 4:7.13 LA.. SIGNAL �.i;5510-46412--4099-4641'2 91:.5 11/4/02 TRFFC IMFRV-B/CYN-D/LREST 61,60:.50 �=:[?5=10?-464]1-1 �:0="9-46411 165 11-`4-1!2 TRFFC IMPS;'-B/CYN-G/SF'RNG :1,774.00 05 51510? -46412-14199-4641' Y y J16= 11/4?C)? TRFFC IMPPV-B/CYN-GLNMR�: 9 11$.45 TOTAL MEPAIDS .00 TOTAL VOUCHERS 81,495.95 TOTAL DUE VENDOR 81,49-5.95 LEAGUE OF CA rITIE` 00140110-42325-- MG -9/130 CHNG,HERRA,ANSRI 140.00 10/1?;']99. 5567 it �'G:•..;.; 422_,. T iC C- MGR h',, G '. /•_ 1-� =35.00 10!19/1999 35567 MMMRSHF' MTC-CHG,ANSR,HERR 81.00 10/19/1999 35574 y NLC CONE -CITY COUNCIL 2,100.00 10/19 1999 35566 TOTAL PREPAIDS 2 356.0'0 TOTAL VOUCHERS .00 TOTAL DUE VENI!OR 2,356.00 LPT, 13HTON & ASSOCIATES LEI000723. PROF.SVCS-EM K-':;0 902.50 TONALPREPAIDS .100 TOTAL VOUCHERS 901.50 TDTt; lr ,; 1aFn L"GR 902.50 CIT`:' OF DIAMOND BA' RUN DATE: 101151195� 10:40:36 VOUCHER REOISTER FACE* 10 DUE THRU: 10/19/1099 FUND/SECT-ACCT-PROJECT-ACCT LEWIS ENGRAVING INC 0014090-4`111=-- LOS ANGELES BUSINESS JOURNAL 0014095 -42320 -- LOS ANGELES COUNTYPUBLIC WORKS' 00153-11-45300-- 0011`510-45507-- - AN3EL_: �ai;d: SH,ER F- S IF— T 0014411-45402-- ri'tI4411-454ft2-- LiNi! MAONUSDN 001 4050-42= 3---- MAINTE{. 14-412:!0-- MARF:IOTT DESERT SPRINGS RESORT 014 :9`-42_''x,__ ��•=5-42:;0-- RITA MCCANN Or) ': 412f)-- PO # INVOICE DESCRIPTION 9052 34420/34479 ENGRVING °: TILE SVCS TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR SUBSCRF'TN RENWAL TOTAL PGEPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR PREPAID AMaINT DATE CHEC}:: 1011.13 .00 1010.1? 100.13 89.95 .00 8?. 95 8t,95 81-121 AR000454 SUMP PUMP MAINT-7/011-8:31 52.86 ":177 AR000470 RDUTN & Y.TR MAINT-JULAIG TOTAL PREPAIDS .0t:, TOTAL VOUCHERS 8,56:3.41 TOTAL DUE VENDOR 8,565.41 210211 CALVARY TRFFC CNTRL-AUG 6,°46.12 21it2it CONCERTS IN PARK -AUG 1,1:2.99 TOTAL PREPAIDS .00 TOTAL VOUCHERS 7,979.11 TOTAL DUE VENDOR — 7,979.11 REIMB-PNTMTN CONF-L MGNSN 784.66 16/1911999 35586 ',TOTALPREPAID:, 784.66, TOTAL VOUCHERS .00 TOTAL DUE VENI!OR 784.66 035 "'1C`= SUP'PLS-HERITAGE COMM CNTR 202.22 TOTAL PREPAIDS .00 TOTAL VOUCHERS )2.21 TOT'._ DL' ';aEINTOP 202.28 ICSC CONF-A BLAKEY 10;6-_ 40"' E 101i4'149 5 ICSIC, CONS -J i!EST1 1vf1, , 403.68 101119/1?99 35565 ICSC CONF-ANSARI 10.16-7 201.44 10/1911999 3556.5 ICSC CONE-CHANG 1016-8 403.68 10/19/1979 35565 ICSC CONT' -M NELSON 10/6-8 403.6^ 10/191109= 35565 ICSC CONF-C MGR 10/6-6 40:=.68 10 19/1990, 35565 TOTAL PREPAID' 2,220.24 TOTAL VOUCHER .00 TOTAL DUE VENDOR 220.24 5003'2 REFUND SENIOR, EXCRvN 81.00 TOTAL PREPAIDS •00 TOTAL VOUCHERS 81.00 TOTAL DUE VENDOR 81.00 CITY OF DIAMOND ARP. RUN DATE: 10,115/1999 10:40:36 VOUCHER REGISTER PACE: ii DUE THRU: 10!19/1999 FUND/SECT-ACCT-PROilECT-ACCT PO # INVOICE DESCRIPTION PREPAID AMOUNT DATE CHEC1:: LISA MCCOY 001 -347 80,-- � � .:.467 RECREATION REFUND TOTAL PREPAIDS 00 TGIhL VOUCHERc 'n 85 Irl TOTAL DUE VENDOR =5.00 MED CARS 2000 MEDICAL GROUP 0014091-42345-- + -, PREEMPLY PHYSCL-SNTS/BLl;.Y 16=:.00 TOTAL PREPAIDS 00 TOTAL VOUCHERS 168.00 TOTAL DUE VENDOR 168. Qv MICR'OAGE COMPUTERMART DIAMOND EAR 0014095-41200-- 24122 SUPPLIES -COMP EQUIP 7' TOTAL PREPAIDS 00 TOTAL VOUCHERS 59.70 TOTAL DUE VENDOR 59.70 Ef:TERPF;IS TE'' COMPCABINET E `-, �. ,,-, c49. 1 TOTAL PREPAIDS .00 TOTAL VOUCHERS 3,549.2,' TOTAL DUE VENDOR :;,549.27 MR JOSEPH BEAUTY SALON _ 0015=50-41200-- SPPLS-HALLWN SPCL EVNT 146.:39 10/19/1999 35569 TOTAL PREPAIDS 146.39 TOTAL VOUCHERS .0„ TOTAL DUE VENDOR 146.39 NE,TcL Cl `'14090 4212='-- 2427044 OCT.SVCS-RADIO REPEATER 217.42 TOTAL PREPAIDS 00 TOTAL VOUCHERS ?17.42 TOTAL DUE VENDOR 217.42 URN T:=L NOLAfI 1._ 50-441 ili.}- - F'AR:: & kEC M?G-9123,,>99 40,00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 40.00 TOTAL DUE VENDOR 40.00 PAYROLL TRANSFER; 001-102100-- PP20 PAYROLL TRANSFER - PP20 60,800.00 10/19/1999 PP20 TOTAL PREPAIDS 60,800.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 60,800.00 POSE PEREZ 001-23002-- 50049 REFUND SCRTY DEP-k REAGAN 50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR? 50.00 CITY OF DIAMOND EiAF RUN DATE: 10:40:k VOUCHER REGISTER PAGE: 12 DUE THRU: 10,/19/1994 PREPAID FUND/SECT-=?CCT-FRO�ECT-ACCT FO # Itv`10ICE DESCRIPTION AMOUNT DATE CHECK PERS HEALTH 001-1105-- OCT OCT-HEAL TP, INS PREMS 9,320.54 10/19/1999 0,55SO C,;14r;,r_4{,r5,:;-- OCT ADMIN FE= 46.611 10/19/1;+9° 355`:0 T� TOTAL PREF'AI:;� ",-3:.7.1 4 TOTAL VOUCHERS 0'. TOTAL DUE VENDOR 9,367 .14 PEERS RETIREMEN? FUN;: PF''i RETIRE CON?RIH-EC 4,119,65 1C!!19!19�" Sa57'S OCj. iior PF' 0 RE IRE CONTRIE-ER � c; .00 x:11:,19!9 01".1-211100—�� ; 5URVIVOR EsENEFIT 9,76 1011911999 R"7'2 OC?i-11Ci9-- F'F'�0 MILITARY BUY BACK `Ctra,L' 10:119/1999 3557:' TOTAL PREPAIDS 6,986.10 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 6,956.10 PILI=ERTON CONSULTANTS. INC 91399' PROF.SVCS-FPL Q.-30 :300.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 300.0C., TOTAL DUE 'VENDOR 300.00 pIT1 - 9an;EjrY?,-IN-C r:i_1(.1•i...i 3"S161 riGr -JC �T EQUIPRENTAL-SEPT r.r. ')6Q. 4fl,j"i TOTAL PREFAIDS 00 TOTAL VOUCHERS 369.90 TOTAL DUE 'VENDOR 369.90 POMONA UNIFIED SCHOOL DISTRICT 0015,350-427'140-- 9:53= Oi,C'AliFACILI?Y RNTL-JU'LY-AUG 99 954,95 00153510-422140— 75N, "(1001&A-1 FACILITY RNTL-,;UNE rx) 333.50 TOTAL PREF'AIDS 00 TOTAL VOUCHERS 1,277,75 TOTAL DUE VENDOR 1,:'77.75 Fc.� 3 T 0'14::195-4 110-- Ary 17.? ;= F'RC!TIPIC SVCS:-ICQr 74.L:9 TOTAL PF;EPAIDS IN TOTS.'_ VOUC-HE:RS 74.6 9 TOTAL DUE VENDDR 74.69 FR=- TION SERVICE iNBUSTRIES .i., it__ -4�a1.: r�. „t44 �c�:�:G=�!?:- �M MAT -m---prr ___ _, ALF:, ,JIF.N �. N-OCT-UEC 85 r{r_. �_, '1044 7`DaS:/ /o ALRM MNTRNG-HRTGE-OCT-GEC 1;'.50 TOTAL FREPAIDS .00 T EPS CTA. "Y) OUCH 2) 4.89 TOTAL DUE VENDOR 224.89 „h!e;r Fn'�rTT 0j,,15250-44100-- FArt,REr MTD-9/2:i01 49',001 TOTAL PREPAIDS .00 TOTAL V'OJCHERS 40, Of' TOTAL DUE VENDOR 40.00 CITV OF DIAMOND RAR RUN DATE: 10/15/199' 10:40:3~, VOUCHER REGISTER F'AGE: 2 DUE THRU: 10119/199'= PREPAID FUNI4'SEGT—ACCT—F!O ECT—ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK VALERIE PUN 00.11-34780-- 33107 RECREATION REFUND 62'. (Ki TOTAL PREPAIDS •00 TOTAL VOUCHERS r;2.0{! TOTAL DUE VENDOR k'."1+' RADIOSHAC K. 0014090-41200-- 252447 SUPPLIES—ANSWR MCHN/HOTLN `.x7.41 TOTAL FREPAIDS •0!0 TOTAL VOUCHERS 97.41 TOTAL DUE VENDOR •7.41 GALINDA RAMIRE17 001-23002-- 50071 REFUND SCkTY DEP—HERITAGE 200.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 200.00 TOTAL DUE VENDOR 20!0.00 MARY ANN RESOLD 001-34730-- 50192 REFUND SENIOR EXCRSN 29.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 29.00 TOTAL DUE VENDOR 29.00 R:EINYERGER PRINTWORVE INC — 0014090-42110-- 9069 992=; OFFICE SUPFLS—GENERAL 234.95 TOTAL FREPAIDS 00 TOTAL VOUCHERS 234,9 TOTAL DUE VENDOR 234.9:: ,cMFDy C; x15,1%-4403tis-- 2372 4 TEMP SER[.ICE�-9/1_�-17 29 244.2 TOTAL FREF'AIDS •00 TOTAL V'OU'CHERS 244.2" TOTAL DUE +VENDOR 244.29 KIB$INS FRECAST INC, 112-55503-46420—GS'7 L 3 4' EI!IP—BU5 STOP EEhdCHE:: 7,E:47.1, TOTAL FR:EPAIDI 00 TOTAL VOUCHERS 7,647.13 TOTAL DUE VENDOR 7,647.13 r ROERT �. DRIVERAS�OCiN:ES i SFCL EVNT INSRNC—JUL—SEPT 555.00 10/19/1999 35575 TOTAL FREPAIDS 655.00 TOTAL VOUCHERS .W TOTAL DUE VENDOR X55.00 DANK ROMERO (01-347=,0-- 33421 RECREATION REFUND :30.00 TOTAL PREPAIDS •00 TOTAL VOUCHERS 30.00 TOTAL DUE VENDOR '30.0j0 CPY OF DIA"ONL: BA'. RUN DATE: 101115/1911 10:40:36 VOUCHER REGISTER PAGE: 14 DUE THRU: PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHEC4' ROOFING WHOLESALE CO INC 00150119-42210-- 716629 PROF.SVCE-PETERSON 25.=1 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2`.21 TOTAL DUE VENDOR. 25.21 ROTARY CLUE OF DIAMOND BAR IN PAR`: 424.50 TOTAL PREPAIDS ,(1'1 TOTA_ VOUCHERE. 424.50 TOTAL DUE VENDOR 424•x0 SAM"s, MOBIL 00152�j(-4r_i,t-- 3iK FUEL- COMM. DE'v 93.1 i4'-4?:_1Q-- 'O: i 4592 FUEL - CITY MANAGER 165.72 C -42310- FUEL - GENERAL K. 19 TOTAL PREPAIDS •00 TOTAL VOUCHERS 291.03 TOTAL DUE VENDOR 291.03 SAN GABRIEL VALLEY CITY MOR ASSOC 00140""0-42315-- MEMBRSHP DUES -7/1-6/30/00 25.00 TOTAL PREPAIDS uu TOTAL VOUCHERS 2`.00 TOTAL DUE VENDOR — 25.00 SAN GABRIEL VALLEY CO:NCIL OF G9,'TS Ca015210-42:'25-- PLNN DIR MTG-'J DESTFN 15.00 10/19/1999 355011; TOTAL PREPAIDS 15.00 TOTAL VOUCHERS '00' TOTAL DUE VENDOR 15.00 SAN GAPRIEL VALLEY TRIBUNE 001-2,1010-- 9964? LEGAL AD -FPL 99-34 145.114 29199 LEGAL AD -FPL 91-30 159.10 TOTAL PREPAIDS •00 TOTAL VOUCHERS ;(14.14 TOTAL DbE VENDOR: 304.14 k cLC: RHIC SECURITY ??:;(j 10121 COURIER SVCS -OCTOBER 99 192.61 TOTAL '(`REPAID: •00 TOTAL VOUCHERS 19;.61 TOTAL DUE VENDOR 192.61 -,_`•h; Ahi:� 1�WU''CITE FROD17S 25(155 !-46411-1?19=:-46411 '13_ 7/7;'2: BUSNES SGNS-G/SPGS REHAF' 4,9:;6.2:1 `0'_ 10-464111-132961-46411 1: c; 7/7;'23 BUSNSS SGNS-SHOP D/BAR 4,936.20 TOTAL PREPAIDS •00 TOTAL VOUCHERS 9"872.40 TOTAL DUE VENDOR 9,072.40 CITY OF DIAMOND BAR RUN DATE: 10/15/1999 10:40:36 VOUCHER REGISTEP PAGE: 15 DUE THRU: 1011'/199'? PREPAID FUND/SECT-ACCT-PROJECT-ACCT PC # INVOICE DESCRIPTION AMOUNT DATE CHECK SIMONE SIM 50141 REFUND', SCRT`i DEP-HERITAGE 50.00 TOTAL PREPAIDS .001 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 SMART & FINAL 0O15314-4100-- -712007 SUPPLIES -HERITAGE C/CNTR 1C, , 0014090-42325-- 711914 MEETING SUPPLIES 46.91 1255'215-41''00-- y `102 713(107 SUPPLIES -SENIORS BINGO 73.90 TOTAL PREPAIDS Qo TOTAL VOUCHERS 13`'.20! TOTAL DUE VENDOR 1:9.20 STANDARD INSURANCE OF OREGAN 001-2+, I;i6-, - OCT OCT -LIFE PREMIUMS 461.10 10/19/1999 "5.579 (i[i1-2110:-- OCT OCT-SUPPL LIFE PREMS 106.50 10/19/1999 35579 TOTAL PREPAIDS 667.60 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 667.60 STAPLES OD15510-41:'00-- 8870/OPEN SUPPLIES -PUBLIC WKS 102.30 ;OPEN COMM°iMRKT-LAMINATOR 46=•k3 ~;0140 'S-412'0'21-- 88710 /OPEN, SUPPLIES -COMM & MRI -,.T — 24.62 0~!14440-41200-- 8870/OPEN SUPPLIES-EOC 225.69 0014050-41200-- SS,70/0PEN SUPPLIES -FINANCE 18~.10 !:I?1409 yi-41 66-- ;=,/0FEN SUPPLIES' -COMM & MRKT 7 `i 122.47 001551(:-4120(-- 8'870/OPEN; SUPPLIES -PUBLIC' WKS 147.56: _01405"-4l2,'66---�r;,rOPE,"r �i�PF°�IES-FINaNCE 35.02 +13010169640ES +,',._:140`1!••�-41''�?ti- SUPPLIES -GENERAL GOVT _j} 3322. , 0�TOTAL j{ 'PREPAIDS .00 TOTAL VOUCHERS 1,533.40 TOTAL Di- VENDOR 1,533.40 .+TrWART FENCE v: IRON: INC 7614 INSTLL FENCING -P GROW PK 5`5.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 555.00 TOTAL DUE VENDOR 555.(K) 51 WAy i?,lnriy;,-4' ?5-- y =_.^c; MTG SPF"�-DLGT10/4,ACE9/27 23.'14 TOTAL PREPAIDS •00 TOTAL YOUCHERS "J 4 TOTAL DUE VENDOR 23.94 CINDY TASHIMA +41-v4Wii -- :;316.4 RECREATION REFUND 56.00 TOTAL PREPAIDS •00 TOTAL VOUCHERS 56.00 TOTAL DUE VENDOR 56.00 COY OF DIAMOND EPP RUN DATE: 10/15/1?99 10:40:36 VOUCHER REGlSTER PAGE: 16 DUE THRU: PREPAID F'JND/SECT'ACCT'PROJECT-ACCT PO# INVOICE DESCRIPTION AMOUNT LATE r' ECK THE VERNON COMPANY 0014095-41400'- 9180 678903J9 PROMOTI0NAL ITEMS -PENIS 7O3.\5 TOTAL PREPAlUS .0O TOTAL VOUCHERS 703.\5 TOTAL DUE VENDOR 703.15 MAKJDRlE THOMAS 001-34730'- 49859 REFUND SENIOR EXCRSN 29.00 TOTAL PKEPAlDS .VV TOTAL VOUCHERS 29.00 TOTAL DUE VENDOR 29.O0 TVMARK SPORTS 001531Y'4221O- PS11074 BASEBALL EQUIP-REPL 4l3.85 TOTAL PREPAlDS .00 TOTAL VOUCHERS 413.85 TOTAL DUE VENDOR 413.85 UNITED STATES POSTAL SERVICE 00141090-421220-- POSTAGE METER REPLNSH 1.000.00 TOTAL PREPAlDS ,00 TOTAL VOUCHERS 1.000,00 TOTAL DUE VENDOR 1,000,00 VISION SERVICE PLAN - 001'21107' OCT OCT -VISION PREMIUMS 916,08 10/19/1999 35582 TOTAL PREPAlUS 916.08 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 916.08 WALNUT VALLEY WATER DISTRICT 1385538-42126- WTR SVC -LIST 38-7/20-9/14 12,435.25 0015318'42126-' WTR SVC-PANTERA 7/27-9/21 7.734.75 0015319-42126- WTR SVC-PETERSN 7/21-9/15 37065.25 0O15331'42126'' WTR SVC-SYC CYN 7/21'9/15 2,175.00 0015328-42126- WTR SVr-SMMTR8G MO -9/14 5,517.00 13Y553Y-4212�'' WTR SVC'DlST39'7/20'9/14 12,85-l'.00 1385538'42126-' ` WTR SVC-DIST 38-8/31'9/3* 894.15 TOTAL P8EPAIDS ,0O TOT AL YDUCHERS 44,674.40 TOTAL DU[ VENDOR 44,674,40 SANDY W�0 0V1'34780-- 3345\ RECREATION REFUND 50.V0 TOTAL 9REP�IDS .00 TOTAL VOUCHERS 50.N) TOTAL DUE VENDOR 50.00 WELLS FARGO DANK 11014030-4310-- FUEL - C MGR. CITY OP DIAMOND BAS'. 35551 RUN DATE. 10?/15/199'10:4()::-36 LEGAL SYMPOSUIM-C MGR VOUCHER RESISTER PAGE: 17 01014030-42330-- LEAGUE -CONE -C MGR DUE THRIU: 10 / 19 / 1449 35581 101401301-42330-- JPIA CONF-FRITZAL 154.32 10/19/1499 PREPAID FUND/SECT-ACCT-FROJECT-ACCT PO # IN'V'OICE DESCRIPTION AMOUNT DATE CHECK WARREN SIECKE ICMA-CONF 35.00: 10119/1`,-t99 35581 ?gfj551C-46412-145;°-4�_'4i'' Rc. ; FRU�.SVCS-G/SPE-S-RA„IDVW 6f,7,S�..sL9 �14 9jA64._ MTGS - ORAL BOARDS — -NB F`cr;,_l�-4641'_ PRnnI SVI-[, BL f 7 2505510-46.412-14;49-46412 C.:''G; Ii1/16!11 F'ROF.SI'C-B/CYN-S•LVR BLLT 35581 _• - 6412-144-°'-4641L .,.,.- L=,•� .p r+,r•p ICM ; tl MI 10/1 (11 F ,OF.S.")CE-LLI;oN-L,e .Nv ,y "? 7t:.�•: 001-23010-- FOOTHILL CONF-H0F710.9-14 436 0 F'ROF.SVCS - FP;_ 9-9-24 '74.00 TOTAL PREPAIDS TOTAL PREPAIDS ,0101 TOTAL VOUCHER=, TOTAL VDUB ERS 70^,53 T07AL DUE VENDOR TOTAL I1UE VENDOR 2 739.-`_01 MICH-EL H `e,EI nn1-230102-- 5+.-3176 REFUND SCRTY DEP-SYC CYN SC,001 TOTAL PREPAIDS .00 TOTAL VOUCHERS 5i1.0h0 TOTAL DUE VENDOR 50,001 WELLS FARGO DANK 11014030-4310-- FUEL - C MGR. 30.24 14/19/1499 35551 00140301-42330-- LEGAL SYMPOSUIM-C MGR 297.72 10/19/1994 35581 01014030-42330-- LEAGUE -CONE -C MGR 100.00 10/1?/1499 35581 101401301-42330-- JPIA CONF-FRITZAL 154.32 10/19/1499 35581 0014010-42325-- MEETING-HERRERA 8/1E, 35.33 10/19/1444 35571 :13140301-42:r,__ ICMA-CONF 35.00: 10119/1`,-t99 35581 40'?'.1-4''2.10-- FUEL - ANSAE'.I 28.66 1f1/19/1999 35576 325-- MTGS - ORAL BOARDS — 158.201 10/19/1999 35581 0014013v-42325-- MTGS-C MGR 230.07 1C/19/1999 35581 j(3i4411-42325-- CCA-BBO-VOL PATROL 5`x,11 1J/19/1199 3% 1 00114010-42330-- FOOTHILL CONF-H0F710.9-14 54:.32 10./19/1444 35577 TOTAL PREPAIDS 1,677.47 TOTAL VOUCHER=, 001 T07AL DUE VENDOR 11677,47 r. a4 LLAT - .;,�u �- 155__-15.J,:, 1:.,:: TR_r MAINT SVCS -9/151-3, 200.00 TOTAL ❑REPAID5 ,001 TOTAL VOUCHERS TOTAL "uE VENLDOR 2- -,; CA CODE A"dFJO-C/GCBs::: �5,50 TOTAL PREPAIDS 0101 TOTAL VOUCHERS 75.50 TOTAL DUE VENDOR 75.50 `=jOM P1 AT WORE;. +v140110-42.-.2 : MEDAL O� cX..i LLPC-O CNNR 135.00 35589 TOTAL PREPAIDS 135.00 TOT AIL vG��. 01010 HE. R.S (;{ . . - TOTAL DUE VENDOR ;r:1-3 7Cf_`-- :353_- RECF,ECTIO^i REF/",D 32. Di' TOTAL F"RE``AIDS 00 TOTAL VOUCHERS .,x.001 T' -_1T HL D;UE VENDOR • 00 REPORT TOTAL PREPAIDS i1fi,435.39 REPORT TOTAL VOUCHERS 431,251.'91 REPORT TOTAL 549,687,30 CITY Cr IiRMJN NAR RUN DATE: 10/15/1`99 10:40:36 VOUCHER REGISTER PAGE: 18, DUE THRU: 10/19/1994 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK WPA 0015553-45222-- 5184 8/26/99 CONSLTING SVCS-D/B-GRD AV 4,406.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 4,408.00 TOTAL DUE VENDOR 4,40;1.00 PAUL WRIGHT 0��14c`?C;-44000-- 8882 AV SVC-PC,CC MTG,T/DP9/2= 5'?5.00 0014090-44000-- _�_ R/V SVC-PfC9,ji4,C/C9/21TD 55,00 lCy,`1"/19`79 35583 TOTAL PREPAIDS 525.00 TOTAL VOUCHERS 595.0 TOTAL DUE VENDOR 1,120.00 XEROX CORPORATION Cr;i4t190-4'?10C�-- P_7,r. ,:...� 71 , cn,r; CHARGES' _ r:, 00.�:�.. COF�� CHARGE JUDY -SEPT o*: 1,2t,F:,,_., 0014C90-42200-- 8871A 071008829 BASE CHARGES -JULY -SEPT 337.07 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1.603.90 TOTAL DUE VENDOR 1,603.90 XF'EDX 0014090-41200-- 601160579 SUPPLIES -COMP PAPER 151.55 TOTAL PREPAIDS .00 TOTAL VOUCHERS 151.55 TOTAL DUE VENDOR — 151.55 ELLEN 112 t1C_1-_;4780-- 3309: RECREATION REFUND 60,00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 60.00 TOTAL DUE VENDOR 60.00 REPORT TOTAL PREPAIDS i1fi,435.39 REPORT TOTAL VOUCHERS 431,251.'91 REPORT TOTAL 549,687,30 MEMORANDUM TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager 114 RE: Salary and Classification Recommendations DATE: October 17, 1999 RECOMMENDATION It is recommended that the City Council approve Resolution No. 96-53 K, which proposes the new Recreation classifications. DISCUSSION When the FY 1999-2000 Municipal Budget was approved, the decision to take the recreation program in-house was not finalized. At the August 17, 1999 City Council Meeting, the City Council approved an in-house recreation program. On September 21, 1999 the City Council approved the annual cost and recommended staffing positions. The attached Resolution 96-53 K implements the recommended staff positions and position allocation chart. There is one proposed change for the September 21, 1999 recommendations. The Clerk Typist position is proposed to be increased to a Secretary position, for internal classification consistency and to provide for comparative salary levels. The net cost for the changes will be an increase of $2,850. The position is responsible for registration, class enrollment lists, and general clerical and reception duties. The new positions will be effective October 23, 1999. Report Prepared by: Kellee A. Fritzal City Of Diamond Bar Personnel Summary Fiscal Year 1999-00 FULL TIME 1998-99 1999-00 Revised POSITION Actual Approved Proposed Actual -City Manager 1 1 1 -Deputy City Manager 1 1 1 -Finance Director 1 1 1 -Dir.Of Community Services 1 1 1 -City Clerk 1 1 1 -Dir of Communications & Marketing 1 1 1 -Deputy Public Works Director 1 1 1 -Assistant to City Manager 1 1 1 -Associate Planner 1 1 1 -Accountant 11 1 1 1 -Recretion Superintendent 0 0 1 -Supt of Parks & Maint 1 1 1 -Public Works Supervisor 0 1 1 -Assoc. Engineer 0 1 1 -Secretary to City Manager/Office Manager 1 1 1 -Senior Administrative Assistant 0 0 1 -Administrative Assistant 1 1 1 -Development Services Assistant 2 2 2 -Communications & Marketing Coordinator 2 2 2 -Recreation Specialist 0 0 2 -Assistant City Clerk 1 1 1 -Administrative Secretary 3 3 2 -Secretary 2 2 3 -Account Clerk II 1 1 1 -MIS Technician 1 1 1 -Assistant Civil Engineer 1 0 0 -Code Enforcement Officer 1 1 1 -Maintenance Worker II 1 1 1 -Community Services Assistant 0 0 1 -Transportation Clerk 1 1 1 -Community Services Coordinator 1 2 1 Totals 30 32 36 POSITION 1999-00 Revised Actual Approved Proposed Actual -Administrative Assistant 1 1 0 -Senior Account Clerk 1 1 1 -Code Enforcement Officer 0 1 1 -Community Services Coordinator 1 0 2 -Community Services Leader II 0 0 17 -Community Services Leader 0 0 18 -Community Services Aide 0 0 2 -Parks Maint.Helper 7 7 7 -Engineering Intern 1 1 1 -Adminstrative Intern 0 0 0 ___......_...._.......... Totals 11 11 49 RESOLUTION NO. 96-53 K RESOLUTION OF THE CITY OF DIAMOND BAR SETTING FORTH PERSONNEL RULES AND REGULATIONS REGARDING THE PAYMENT OF SALARIES, SICK LEAVE, VACATIONS, LEAVES OF ABSENCE, AND OTHER REGULATIONS THE CITY COUNCIL OF THE CITY OF DIAMOND BAR HEREBY RESOLVES, ORDERS, AND DETERMINES AS FOLLOWS: WHEREAS, the City Council has determined that it is necessary to the efficient operation and management of the City that rules and regulations be maintained prescribing sick leave, vacation, leaves of absence, and other regulations for the officers and employees of the City; and WHEREAS, it is necessary from time to time to establish comprehensive wage and salary schedules and to fix the rates of compensation to be paid to officers and employees of the City. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Diamond Bar, California, as follows: SECTION 1. COMPREHENSIVE WAGE AND SALARY PLAN There is hereby established a Comprehensive Wage and Salary Plan for employees of the City of Diamond Bar. The Comprehensive Wage and Salary Plan is designed to provide for a fair and efficient framework for the administration of wages and is based upon the recommendations of the City Manager. SECTION 2. SALARY SCHEDULE Pursuant to Ordinance 21 (1989), the Diamond Bar City Council hereby establishes the salaries and the various full-time positions of the City of Diamond Bar. As of the pay period beginning on October 23, 1999 the compensation of the various classes of positions shall be as shown on Schedule A and B (attached). SECTION 3. FULL-TIME SALARY SCHEDULE GUIDELINES New employees shall be hired at the entry step or any step at the discretion of the City Manager and must successfully complete a one year probation period. At the end of six months, the employee will be given a performance evaluation and may be eligible for a step increase. Every year thereafter, employees shall be given a performance evaluation and shall be eligible for a step increase, so long as the employee's performance is satisfactory or above. RESOLUTION 96-53 K Page Two SECTION 4. PROBATION In an effort to monitor newly -hired employees, the probation period for newly -hired employees is one year. SECTION 5. MILEAGE REIMBURSEMENT Private automobiles are not to be used for the City business except as authorized. The City Manager may authorize such use at the reimbursement rate equal to that set forth by the Internal Revenue Service. Payments shall be based upon the most direct route to and from the destination, and garage and parking expenses shall be paid in addition to the current rate, upon submission of paid receipts. SECTION 6. HEALTH, DENTAL, VISION, LIFE, DEFERRED COMPENSATION, LONG TERM DISABILITY AND UNEMPLOYMENT INSURANCE. All full-time employees and designated permanent part time employees are eligible to receive group health, dental, vision, life, deferred compensation, disability insurance and unemployment insurance within the City's group insurance carrier(s), with the administrative cost and premiums paid by the City to a maximum established in Section 7, after 30 days of employment. Dependents of employees are eligible for health, dental and vision insurance. SECTION 7. FRINGE BENEFIT PACKAGE An employee benefit program is authorized wherein all officers, full-time employees and designated permanent part-time have a choice of medical and/or fringe benefits, as described in Section 6, in an amount not to exceed $650.00 a month, paid by the City. A. Employees, defined as Management shall receive an additional $30.00 per month to be applied as described in Section 6. B. All employees shall participate in the Life, Dental and Vision Insurance programs. The City shall pay the cost of the employee in addition to the benefit program described in Section 6 or Section 7(A). Monies in excess of the City's 457 Plan shall be paid off annually during each December. C. All eligible employees may participate in the City's 401(A) deferred compensation plan. SECTION 8. PART-TIME EMPLOYMENT Hourly compensation for the various part-time positions shall be as set forth in Schedule B (attached). RESOLUTION 96-53 K Page Three SECTION 9. STATUS OF EMPLOYMENT All employees serve under the City Manager, pursuant to Government Code Section 34856. Per Government Code Section 36506, nothing in these rules and regulations shall be construed to provide employees with any tenure or property interest in employment. SECTION 10. PUBLIC EMPLOYEES' RETIREMENT SYSTEM - DEFERRED COMPENSATION The City of Diamond Bar shall pay the employee contribution of said employee salary to the State Public Employees' Retirement System (PERS) as deferred income. SECTION 11. PAY PERIODS The compensation due to all officers and employees of the City shall be on a bi-weekly basis. SECTION 12. PAY DAYS Warrants or checks in the payment of compensation shall be made available by the City to employees and officers of the City on the Friday succeeding the close of any given pay period. In an event that pay day falls on a holiday, all warrants or checks in payment of compensation shall be made available to the City employee on the last work day preceding the holiday. SECTION 13. WORKING HOURS AND OVERTIME A. Eight (8) hours, exclusive of lunch period, shall constitute a day's work for all full time employees. B. The official work week of the City of Diamond Bar shall be five (5) working days of eight (8) hours each. It shall be the duty of each Department Head to arrange the work of their Department so that each employee therein shall not work more than five (5) days in each calendar week. The City Manager may require an employee to temporarily perform service in excess of five (5) days per week when public necessity or convenience so requires. C Whenever an employee, other than a Management employee, shall be required to work overtime, beyond 40 hours per week, such person shall receive compensation for such overtime worked at one and one-half (1 1/2) times the regular rate of pay, provided they have completed full 40 hour work week. RESOLUTION 96-53 K Page Four D. Any full time employee, other than an Management Team Member, who is required to work on an observed holiday beyond the regular 40 hour work week, shall be entitled to pay at the rate of two (2) times the regular rate of pay provided they have worked a 40 hour work week. E. There is nothing contained within this Section to exclude the City from implementing a 4-10 Plan at their option. SECTION 14. ANNUAL VACATION A. A full time employee, pursuant to the below schedule, shall be entitled to a vacation, to be accrued at the appropriate hours per pay period. YEARS OF SERVICE VACATION ACCRUAL 1 - 5 10 days 6-10 15 days 11 & Up 20 days B. Vacation time may be accumulated to a maximum of twenty (20) days (160 hours). The City Manager may approve vacation time accruals exceeding twenty (20) days. C. The total vacation allowance shall be computed to the nearest whole day, based upon the number of full months of City service. D. In the event one or more municipal holidays follow accumulated vacation leave, such days shall not be charged as vacation leave and the vacation leave shall be extended accordingly for those employees eligible for such holidays. E. An employee shall take vacation at such time during the calendar year based upon due regard to the needs of the employee's services and the work schedule. F, Vacation shall be taken during the year following which the vacation privilege has been earned. G. The time set for the vacation of the City Manager shall be subject to the approval of the City Council. H. Employees who terminate shall be paid the salary equivalent to all accrued and accumulated vacation. RESOLUTION 96-53 K Page Five I. All vacation requests shall be made at least ten (10) days in advance and prior approval must be given by employee's supervisor and Department Head. If an employee does not request time off in advance and simply does not show up for work, the City Manager may deny the use of vacation time or other benefit for the time off, and said employee is subject to disciplinary action including discharge. K. Management employees, for the purpose of accrual, shall be credited with previous municipal experience, up to five (5) years of service. SECTION 15. SICK LEAVE A. Sick leave with pay shall be accrued by full-time employees at a rate of 3.08 hours per pay period. B. Employees are eligible to use sick leave, as it is accrued and/or accumulated. C. Unused sick leave may be accumulated to a maximum total not to exceed 160 hours. Absence or illness may not be charged to sick leave if not already accrued and/or accumulated. D. Each full time employee shall be paid one-half (1/2) of the unused balance of the annually accrued sick leave, accrued during a given accrual year, when the then annual accrual results in sick leave in excess of the maximum allowable accumulation of 160 hours. The sick leave payout shall only apply to the amount which is in excess of the maximum allowable accumulated amount of 160 hours. The annual accrued sick leave, over the maximum accumulation, shall be paid once a year, at the employee's current wage at the time of payment. Said payment is to be made on the first day in December, or at such other time as the City Manager may determine, at his/her absolute discretion, as appropriate. E. Sick leave shall be allowed only in case of necessity and actual sickness or disability of the employee or dependent family members, as determined by the City Manager. In order to receive sick leave with pay, the employee shall notify the Department Head prior to or within two (2) hours after the time set for beginning daily duties. The City Manager may, if he/she deems necessary, require the employee to file a Physician's Certificate or a Personal Affidavit stating the cause of absence. F. Sick leave shall not accrue to any employee for any month in which that employee is on unpaid leave and does not work a minimum of ten (10) eight (8) hour working days in any one month or combination thereof. RESOLUTION 96-53 K Page Six G. If an employee does not show up for work and does not call in within two hours, the City Manager may deny use of sick leave for the unauthorized time off, and employee is subject to disciplinary action. H. Employees using all accumulated sick leave may be deemed to have abandoned their employment. I. After five (5) years of service, when an employee retires, resigns or terminates in good standing, that employee will be paid all accumulated sick leave at a rate of one-half (1/2) of the employee's current rate of pay at his/her date of termination. SECTION 16. BEREAVEMENT LEAVE When circumstances are such and the City Manager determines that conditions warrant, three (3) paid bereavement leave days may be granted in the event of death of a relative of a full- time employee. "Relative" is defined as spouse, parents, children, step -children, brother, sisters, grandparents, grandchildren, half-brothers, half-sisters, aunts, uncles, or other individuals related by blood or marriage. SECTION 17. UNAUTHORIZED LEAVE If an employee does not show up for work for three consecutive work days without notifying said employee's supervisor or Department Head, said employee shall be considered to have voluntarily terminated employment with the City. SECTION 18. ON-THE-JOB INJURY Whenever a person is compelled to be absent from employment with the City on account of injury arising out of or in the course of that employee's employment as determined by the Workers' Compensation Act, the employee may elect to apply pro -rated accrued sick leave, if any, to such absence to receive compensation of an amount of the difference between the compensation received under the Workers' Compensation Act and that employee's regular pay, not to exceed the amount of the employee's earned sick leave. An employee in such instance may also elect to use any earned vacation time in like manner after sick leave is exhausted. The City will pay the employee up to three (3) days of that employee's regular salary as it relates to an on- the-job injury and if not covered by Workers' Compensation. RESOLUTION 96-53 K Page Seven SECTION 19. JURY DUTY If a full-time employee is called for jury duty, such person shall receive regular pay while actually performing jury service, however, any amount received by such employee as payment for services as juror shall be reimbursed to the City. All mileage paid to the employee as a juror shall not be considered as a reimbursable item to the City. SECTION 20. ATTENDANCE Full time employees shall be in attendance at their work in accordance with the rules regarding hours of work, holidays, and leave. Departments shall keep attendance records of all employees. Absence of any employee without leave may result in possible disciplinary action, including discharge. SECTION 21. HOLIDAYS A. Holidays which fall on Saturday shall be observed on the preceding Friday, and holidays which fall on Sunday shall be observed on the following Monday. Paid holidays are only for the observed days. B. The City of Diamond Bar's observed paid holidays are as follows: 1. New Year's Day (observed on Dec. 31, 1999) 2. Washington's Birthday (observed the third Monday in February) 3. Memorial Day (observed the last Monday in May) 4. Independence Day (July 4) 5. Labor Day (observed first Monday in September) 6. Veteran's Day (November 11) 7. Thanksgiving Day 8. Day following Thanksgiving Day 9. Christmas Eve (December 24) 10. Christmas Day (observed on December 27) 11. Two (2) Floating Holidays SECTION 22. FLOATING HOLIDAYS A. Each full time employee is allowed two (2) floating holidays (8 hours each) per calendar year, January through December. B. Floating Holidays are not cumulative and must be used during the above period or said employee will lose the allocated hours. RESOLUTION 96-53 K Page Eight C. Each employee must submit a request in advance, and approval must be given by the employee's supervisor and Department Head. D. A full time employee is eligible to use a floating holiday after 30 days of continuous employment. E. Floating Holidays may be used in lieu of sick leave only if all other benefit time has been exhausted. SECTION 23. TRAINING PLAN The City Manager and employees of the City are eligible to request specialized training in the form of symposiums, special courses, forums, etc., at the City's expense. SECTION 24. LEAVE OF ABSENCE Leave of absence without pay may only be granted by the City Manager. SECTION 25. RESIGNATION An employee wishing to terminate employment in good standing shall file a written resignation with the City Manager stating the effective date and reasons for leaving, at least two (2) weeks prior to the resignation. Failure to give such notice shall mean the employee did not terminate in good standing, unless by reason of hardship and upon that employee's request, the City Manager has waived the two week notice requirement. SECTION 26. ANTI -NEPOTISM PROVISION A. Relatives of those listed below may not be employed anywhere in the City organization: 1. City Council Members; 2. Standing Board and Commission members; 3. Management Team Members of the City; 4. Employees of the City Manager's Department; or 5. Employees of the Personnel Department. B. The employment of a relative within a department is prohibited when they: 1. Perform joint duties; 2. Share responsibility of authority; 3. Function in the same chain of command; and 4. Work on the same shift at the same work site. RESOLUTION 96-53 K Page Nine C. For business reasons of supervision, safety, security or morale, the City may refuse to place one spouse under the direct supervision of the other spouse. D. For business reasons of supervision, safety, security or morale, an employer may refuse to place both spouses in the same department, division, or facility if the work involves potential conflicts of interest or other hazards greater for married couples than other persons. E. "Relative" means child, step -child, parent, grandparent, grandchild, brother, sister, half- brother, half-sister, aunt, uncle, niece, nephew, parent -in-law, brother -in law, sister-in- law, or another individual related by blood or marriage. F. "Employee" means any person who receives a City paycheck for services rendered to the City. SECTION 27. NON-DISCRIMINATION The City of Diamond Bar does hereby affirm to adopt and support a policy of non- discrimination with regard to all phases of personnel recruitment, selection and appointment. The City further declares that it will not exclude from participation in, deny the benefits to, or subject to discrimination any person on the basis of race, religion, nationality, sex, age or handicap, thereby affirming the City of Diamond Bar's posture as an equal opportunity employer. SECTION 28. EMPLOYEE PERFORMANCE EVALUATION APPEALS PROCEDURES It is the intent of the City to offer fair and equitable appeals procedures for employee's performance evaluations. Below are the official guidelines. A. Employee and supervisor meet to review and discuss the employee's performance evaluation. B. The employee may respond in writing to the contents of the evaluation. This response must be submitted to the Department Head within five (5) working days immediately following the evaluation. C. The Department Head, as the reviewing official, shall respond in writing to the employee within five (5) working days. This response becomes an official part of the evaluation. D. If the employee chooses to continue to appeal following the response from the reviewing official, the employee must submit an additional written response to the Personnel Officer within five (5) working days after receipt of the reviewing official's response. RESOLUTION 96-53 K Page Ten E. The Personnel Officer shall review the evaluation appeal within five (5) days with the employee, supervisor and Department Head. Every effort will be made at this level to resolve the appeal. F. If the matter is not settled, a written appeal may be submitted to the City Manager by the employee within five (5) working days following the decision rendered in writing by the Personnel Officer. G. The City Manager shall review the appeal with the employee, supervisor, Department head and Personnel Officer. The decision shall be rendered in writing within five (5) working days by the City Manager, and the decision of the City Manager shall be final. SECTION 29. POST OFFER PHYSICAL EXAMS All individuals who become a candidate for City employment must successfully pass a post -offer physical and substance abuse exams and are subject to fingerprinting and a background investigation. The candidates being considered for employment will be sent to a City authorized physician at the City's expense. SECTION 30. EMERGENCY CALL -OUT POLICY The following Emergency Call -Out Policy shall be adhered to: A. When a full time employee or permanent part-time, other than an Management employee, is called out for a City emergency, the employee shall be given a minimum of two hours pay, regardless of the amount of time it takes to rectify the problem. B. The employee shall be paid overtime per Section 13. SECTION 31. ADMINISTRATIVE LEAVE Management employees are allowed two (2) days of administrative leave per fiscal year. Additional days of leave may be authorized by the City Manager, based on the number of total hours the individual works over and above 40 hours per week. A. Management employees do not receive paid overtime, and this leave is to recognize those employees who work over and above 40 hours per week. RESOLUTION 96-53 K Page Eleven B. Following is a list of Management Team Member positions: Accountant II Administrative Assistant Assistant to the City Manager Associate Engineer Associate Planner City Clerk Communications and Marketing Director Communications and Marketing Coordinator Community Services Assistant Deputy City Manager Deputy Public Works Director Development Services Assistant Director of Community Services Director of Finance Public Works Supervisor Recreation Superintendent Secretary to the City Manager/Office Manager Senior Administrative Assistant Superintendent of Parks & Maintenance C. Administrative leave may not be accumulated and carried over to the following year. It must be used by June 30 of each fiscal year. Leave may be granted in hourly increments. Requests shall be submitted to employee's immediate supervisor for approval, then forwarded to the City Manager for approval. Administrative leave will be authorized at the convenience of the City and the work schedule. SECTION 32. MEDICARE Pursuant to Revenue Billing 86-68 of the Internal Revenue Code, all employees hired after March 31, 1987 will have 1.45 percent of their base salary deducted from their paycheck to be paid to Medicare. The City will match the 1.45 percent as mandated by law. SECTION 33. IMMIGRATION REFORM AND CONTROL ACT OF 1986 In compliance with the Immigration Reform and Control Act of 1986, all new employees must verify identity and entitlement to work in .the United States by providing required documentation. RESOLUTION 96-53 K Page Twelve SECTION 34. EXTENDED BENEFITS - COBRA The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) provides for the continuation of health care coverage to certain employees who terminated employment and beneficiaries of employees who die, become disabled or are divorced. Employees become eligible for continued coverage upon termination of service, whether voluntary or not (other than termination for gross misconduct), retirement or reduction in hours worked. For these employees and their dependents, continued coverage is available for 18 months, at their expense. SECTION 35. TUITION REIMBURSEMENT Subject to Council fiscal year budget authorization, each employee shall be entitled to reimbursement in the amount of $500 per fiscal year, for college -level or university -level educational courses (including tuition and related books), which have been approved by the personnel Officer or his/her designate as being job-related and of value to the City. Reimbursement under this Section is contingent upon the verification of the attainment of a letter grade of "C" or better, or in those cases where no letter grade is given, verification of completion of the course with a "Pass" or "Credit" grade and submittal of a receipt for registration bearing the name of the course, for which reimbursement is being requested. In the case of reimbursement for books for any approved/verified course; a syllabus, course reading list or course outline showing the book as being required for the course, plus a receipt bearing the title of the book shall be submitted. SECTION 36. PART TIME EMPLOYEES' RETIREMENT Effective July 1, 1991, part time, seasonal and temporary employees will be covered by a retirement system, under Social Security (OASDI). An employee's contribution rate shall be 6.2% on wages up to $72,600. The employer's tax rate is the same. Election workers and emergency workers are excepted from coverage, under this section. ADOPTED AND APPROVED THIS day of , 1999 Mayor RESOLUTION 96-53 K Page Thirteen I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a meeting of the City Council of the City of Diamond Bar held on the day of , 1999, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ATTEST: LYNDA BURGESS, City Clerk of the City of Diamond Bar JOB TITLE A CITY OF DIAMOND BAR SALARY RANGES BY POSITION FY 1999-2000 B C D E F oGnauulm A Revised 10/14/99 G Receptionist 834 8.67 9.11 9.56 10.04 10.54 11.07 11.62 1,503.36 1,578.52 1,657.45 1,740.32 1,827.34 1,918.71 2,014.64 18,040.27 18,942.28 19,889.39 20,883.86 21,928.06 23,024.46 24,175.68 Jr. Clerk Typist 967 10.23 10.74 11.28 11.84 12.44 13.06 13.71 1,773.28 1,861.94 1,955.04 2,052.79 2,155.43 2,263.20 2,376.36 21,279.32 22,343.29 23,460.45 24,633.47 25,865.15 27,158.40 28,516.32 Clerk Typist 1037 10.79 11.33 11.90 12.49 13.12 13.78 14.46 1,870.85 1,964.40 2,062.62 2,165.75 2,274.03 2,387.74 2,507.12 22,450.24 23,572.75 24,751.39 25,988.96 27,288.41 28,652.83 30,085.47 Transportation 1037 10.79 11.33 11.90 12.49 13.12 13.78 14.46 Clerk 1,870.85 1,964.40 2,062.62 2,165.75 2,274.03 2,387.74 2,507.12 22,450.24 23,572.75 24,751.39 25,988.96 27,288.41 28,652.83 30,085.47 Community Services 1141 11.87 12.46 13.08 13.74 14.43 15.15 15.90 Coordinator 2,057.07 2,159.92 2,267.92 2,381.31 2,500.38 2,625.40 2,756.67 24,684.83 25,919.07 27,215.02 28,575.77 30,004.56 31,504.79 33,080.03 Secretary 1141 11.87 12.46 13.08 13.74 14.43 15.15 15.90 2,057.07 2,159.92 2,267.92 2,381.31 2,500.38 2,625.40 2,756.67 24,684.83 25,919.07 27,215.02 28,575.77 30,004.56 31,504.79 33,080.03 Account Clerk H 1141 11.87 12.46 13.08 13.74 14.43 15.15 15.90 2,057.07 2,159.92 2,267.92 2,381.31 2,500.38 2,625.40 2,756.67 24,684.83 25,919.07 27,215.02 28,575.77 30,004.56 31,504.79 33,080.03 Parks Maintenance 1203 12.52 13.14 13.80 14.49 15.21 15.98 16.77 Worker 11 2,169.59 2,278.07 2,391.97 2,511.57 2,637.15 2,769.01 2,907.46 26,035.07 27,336.83 28,703.67 30,138.85 31,645.79 33,228.08 34,889.49 Administrative 1257 13.08 13.73 14.42 15.14 15.90 16.69 17.53 Secretary 2,267.11 2,380.47 2,499.49 2,624.47 2,755.69 2,893.48 3,038.15 27,205.38 28,565.65 29,993.93 31,493.63 33,068.31 34,721.72 36,457.81 Senior Account 1257 13.08 13.73 14.42 15.14 15.90 16.69 17.53 Clerk 2,267.11 2,380.47 2,499.49 2,624.47 2,755.69 2,893.48 3,038.15 27,205.38 28,565.65 29,993.93 31,493.63 33,068.31 34,721.72 36,457.81 Senior Administrative 1365 14.20 14.91 15.65 16.44 17.26 18.12 19.03 Secretary 2,461.20 2,584.26 2,713.47 2,849.14 2,991.60 3,141.18 3,298.24 29,534.38 31,011.10 32,561.66 34,189.74 35,899.23 37,694.19 39,578.90 Code Enforcement 1437 14.96 15.70 16.49 17.31 18.18 19.09 20.04 Officer 2,592.27 2,72 1.89 2,857.98 3,000.88 3,150.93 3,308.47 3,473.90 31,107.29 32,662.66 34,295.79 36,010.58 37,811.11 39,701.66 41,686.75 Recreation Specialist 1437 14.96 15.70 16.49 17.31 18.18 19.09 20.04 2,592.27 2,721.89 2,857.98 3,000.88 3,150.93 3,308.47 3,473.90 31,107.29 32,662.66 34,295,79 36,010.58 37,811.11 39,701.66 41,686.75 Assistant City Clerk 1437 14.96 15.70 16.49 17.31 18.18 19.09 20.04 2,592.27 2,721.89 2,857.98 3,000.88 3,150.93 3,308.47 3,473.90 31,107.29 32,662.66 34,295.79 36,010.58 37,811.11 39,701.66 41,686.75 1 98-99k auwuuie n CITY OF DIAMOND BAR SALARY RANGES BY POSITION FY 1999-2000 Revised 10/14/99 JOB TITLE A B C D E F G Management 1519 15.81 16.60 17.43 18.30 19.21 20.17 21.18 Information System 2,739.74 2,876.73 3,020.56 3,171.59 3,330.17 3,496.68 3,671.52 (MIS) Technician 32,876.90 34,520.74 36,246.78 38,059.12 39,962.07 41,960.18 44,058.19 Community Services 1519 15.81 16.60 17.43 18.30 19.21 20.17 21.18 Assistant 2,739.74 2,876.73 3,020.56 3,171.59 3;330.17 3,496.68 3,671.52 32,876.90 34,520.74 36,246.78 38,059.12 39,962.07 41,960.18 44,058.19 Development 1519 15.81 16.60 17.43 18.30 19.21 20.17 21.18 Services Assistant 2,739.74 2,876.73 3,020.56 3,171.59 3,330.17 3,496.68 3,671.52 32,876.90 34,520.74 36,246.78 38,059.12 39,962.07 41,960.18 44,058.19 Administrative 1519 15.81 16.60 17.43 18.30 19.21 20.17 21.18 Assistant 2,739.74 2,876.73 3,020.56 3,171.59 3,330.17 3,496.68 3,671.52 32,876.90 34,520.74 36,246.78 38,059.12 39,962.07 41,960.18 44,058.19 Senior Administrative 1635 17.01 17.86 18.75 19.69 20.67 21.71 22.79 Assistant 2,947.82 3,095.21 3,249.97 3,412.47 3,583.09 3,762.25 3,950.36 35,373.84 37,142.53 38,999.66 40,949.64 42,997.12 45,146.98 47,404.33 Assistant Planner 1635 17.01 17.86 18.75 19.69 20.67 21.71 22.79 2,947.82 3,095.21 3,249.97 3,412.47 3,583.09 3,762.25 3,950.36 35,373.84 37,142.53 38,999.66 40,949.64 42,997.12 45,146.98 47,404.33 Accountant 11 1635 17.01 17.86 18.75 19.69 20.67 21.71 22.79 2,947.82 3,095.21 3,249.97 3,412.47 3,583.09 3,762.25 3,950.36 35,373.84 37,142.53 38,999.66 40,949.64 42,997.12 45,146.98 47,404.33 Public Works 1635 17.01 17.86 18.75 19.69 20.67 21.71 22.79 Supervisor 2,947.82 3,095.21 3,249.97 3,412.47 3,583.09 3,762.25 3,950.36 35,373.84 37,142.53 38,999.66 40,949.64 42,997.12 45,146.98 47,404.33 Sec to the City Mgr/ 1890 19.66 20.64 21.68 22.76 23.90 25.09 26.35 Office Manager 3,407.94 3,578.33 3,757.25 3,945.11 4,142.37 4,349.49 4,566.96 40,895.23 42,939.99 45,086.99 47,341.34 49,708.41 52,193.83 54,803.52 Communications & 1897 19.74 20.72 21.76 22.85 23.99 25.19 26.45 Marketing Coord. 3,421.23 3,592.29 3,771.91 3,960.50 4,158.53 4,366.45 4,584.78 41,054.76 43,107.49 45,262.87 47,526.01 49,902.31 52,397.43 55,017.30 Superintendent of 1897 19.74 20.72 21.76 22.85 23.99 25.19 26.45 Parks/Maintenance 3,421.23 3,592.29 3,771.91 3,960.50 4,158.53 4,366.45 4,584.78 41,054.76 43,107.49 45,262.87 47,526.01 49,902.31 52,397.43 55,017.30 Senior Accountant 1897 19.74 20.72 21.76 22.85 23.99 25.19 26.45 3,421.23 3,592.29 3,771.91 3,960.50 4,158.53 4,366.45 4,584.78 41,054.76 43,107.49 45,262.87 47,526.01 49,902.31 52,397.43 55,017.30 Associate Planner 1987 20.67 21.71 22.79 23.93 25.13 26.39 27.70 3,583.47 3,762.64 3,950.78 4,148.31 4,355.73 4,573.52 4,802.19 43,001.65 45,151.73 47,409.31 49,779.78 52,268.77 54,882.21 57,626.32 Associate Engineer 1987 20.67 21.71 22.79 23.93 25.13 26.39 27.70 3,583.47 3,762.64 3,950.78 4,148.31 4,355.73 4,573.52 4,802.19 43,001.65 45,151.73 47,409.31 49,779.78 52,268.77 54,882.21 57,626.32 Recreation Superintendent 1987 20.67 21.71 22.79 23.93 25.13 26.39 27.70 3,583.47 3,762.64 3,950.78 4,148.31 4,355.73 4,573.52 4,802.19 43,001.65 45,151.73 47,409.31 49,779.78 52,268.77 54,882.21 57,626.32 2 98-99k acneume r+ CITY OF DIAMOND BAR SALARY RANGES BY POSITION FY 1999-2000 3 98-99k Revised 10/14/99 JOB TITLE A B C D E F G Assistant to the 1987 20.67 21.71 22.79 23.93 25.13 26.39 27.70 City Manager 3,583.47 3,762.64 3,950.78 4,148.31 4,355.73 4,573.52 4,802.19 43,001.65 45,151.73 47,409.31 49,779.78 52,268.77 54,882.21 57,626.32 Senior Planner 2136 22.22 23.34 24.50 25.73 27.01 28.36 29.78 3,852.23 4,044.84 4,247.08 4,459.44 4,682.41 4,916.53 5,162.36 46,226.76 48,538.10 50,965.01 53,513.26 56,188.92 58,998.36 61,948.28 Senior Engineer 2136 22.22 23.34 24.50 25.73 27.01 28.36 29.78 3,852.23 4,044.84 4,247.08 4,459.44 4,682.41 4,916.53 5,162.36 46,226.76 48,538.10 50,965.01 53,513.26 56,188.92 58,998.36 61,948.28 Communications & 2319 24.12 25.33 26.60 27.93 29.32 30.79 32.33 Marketing Director 4,181.31 4,390.38 4,609.90 4,840.39 5,082.41 5,336.53 5,603.36 50,175.77 52,684.56 55,318.78 58,084.72 60,988.96 64,038.41 67,240.33 City Clerk 2319 24.12 25.33 26.60 27.93 29.32 30.79 32.33 4,181.31 4,390.38 4,609.90 4,840.39 5,082.41 5,336.53 5,603.36 50,175.77 52,684.56 55,318 78 58,084.72 60,988.96 64,038.41 67,240.33 Community Services 2571 26.75 28.09 29.49 30.96 32.51 34.14 35.84 Director 4,636.30 4,868.12 5,111.53 5,367.10 5,635.46 5,917.23 6,213.09 55,635.65 58,417.43 61,338.31 64,405.22 67,625.48 71,006.76 74,557.09 Finance Director 2571 26.75 28.09 29.49 30.96 32.51 34.14 35.84 4,636.30 4,868.12 5,111.53 5,367.10 5,635.46 5,917.23 6,213.09 55,635.65 58,417.43 61,338.31 64,405.22 67,625.48 71,006.76 74,557.09 Deputy Public Works 2571 26.75 28.09 29.49 30.96 32.51 34.14 35.84 Director 4,636.30 4,868.12 5,111.53 5,367.10 5,635.46 5,917.23 6,213.09 55,635.65 58,417.43 61,338,31 64,405.22 67,625.48 71,006.76 74,557.09 Comm. Development 2985 31.06 32.61 34,24 35.95 37.75 39.64 41.62 Director 5,383.31 5,652.47 5,935.10 6,231.85 6,543.44 6,870.62 7,214.15 64,599.70 67,829.69 71,221.17 74,782.23 78,521.34 82,447.41 86,569.78 City Eng/Public 2985 31.06 32.61 34.24 35.95 37.75 39.64 41.62 Works Director 5,383.31 5,652.47 5,935.10 6,231.85 6,543.44 6,870.62 7,214.15 64,599.70 67,829.69 71,221.17 74,782.23 78,521.34 82,447.41 86,569.78 Deputy City Manager 3172 33.00 34.65 36.39 38.21 40.12 42.12 44.23 5,720.63 6,006.66 6,306.99 6,622.34 6,953.46 7,301.13 7,666.19 68,647.52 72,079.90 75,683.90 79,468.09 83,441.50 87,613.57 91,994.25 City Manager * 3468 40.15 42.16 44.26 46.48 48.80 51.24 53.80 6,959.08 7,307.03 7,672.38 8,056.00 8,458.80 8,881.74 9,325.83 83,508.91 87,684.35 92,068,57 96,672.00 101,505.60 106,580.88 111,909.92 3 98-99k CITY OF DIAMOND BAR SALARY RANGES BY POSITION FY 1999-2000 PART TME/ HOURLY JOB TrrLE A Comm. Svcs Worker Comm. Svcs Leader Community Svcs Leader H Intern/Part-Time Parks Mice Helper Counter Clerk/Permit Tech B C D E Schedule B Revised 10/14/99 F G 515 5.81 5.96 6.11 6.26 6.42 6.58 6.74 537 6.16 6.71 7.27 7.83 8.38 8.93 9.49 753 7.83 8.38 8.93 9.49 10.05 10.62 11.17 753 7.83 8.38 8.93 9.49 10.05 10.62 11.17 753 7.83 8.38 8.93 9.49 10.05 10.62 11.17 1343 13.97 14.66 15.41 16.17 16.98 17.82 18.72 CITY OF DIAMOND BAR A-r-rwwi RF.PnRT Aom4DA No. 2-,L TO: Honorable Mayor and Members of the City Council MEETINGDATE: October 19, 1999 REPORT DATE: October 13, 1999 FROM: Terrence L. Belanger, City Manager TITLE: ORDINANCE NO. XX (1999): AN ORDINANCE PROCEDURES OF THE CITY AND PENALTIES FOR�OLAITONS OND BAR ESTABLISHING ADMINISTRATIVE OF THE DIAMOND MUNICIPAL CODE AND AMENDING THE DIAMOND BAR MUNICPAL CODE RESOLTUION N0.99 -XX: A RESOLUTION ALTS FOR,rCERTAIN VIOLATIONS OF THE CITY CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING OF DIAMOND BAR MUNICIPAL CODE SUMMARY: The City Council Subcommittee has met with City Staff to review code enforcement policies and procedures. The current code enforcement policy is to operate on �coolpies incolaint lrporating theve" basis. use of civil c tionprocedtu'es to ommittee has recommended to utilize proactive code complianp gain timely and effective compliance. On October 5, 1999, the City Council considered the matter of establishing administrative procedures and penalties for violations of the Municipal Code and directed the preparation of documents necessary to use Citation Authority. RECOMMENDATION: It is recommended that the City Council approve for first reading, by title only, Ordinance No. XX (1999) and adopt Resolution No. 99 -XX. LIST OF ATTACHMENTS: X Staff Report X Resolutions X Ordinances Agreements EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ Public Hearing Notification Bid Specification (on file in City Clerk's Office) 1. Has the resolution, ordinance or agreement been reviewed X Yes No by the City Attorney? X Yes No 2. Does the report require a majority vote? impact been assessed? NSA Yes No 3. 4. Has environmental Has the report been reviewed by a Commission? X Yes No Which Commission? Planning Commission X Yes No 5. Are other departments affected by the report? Public Works Division Report discussed with the following affected departments: 7R D Y: Te nce L. Belanger City Manager 7 DeStefano Deputy City Manag r CITY COUNCIL REPORT Agenda No. MEETING DATE: October 19, 1999 TO: Honorable Mayor and Members of the City Council FROM: Terence L. Belanger, City Manager SUBJECT: ORDINANCE NO. XX (1999): AN ORDINANCE OF THE CITY OF DIAMOND BAR ESTABLISHING ADMINISTRATIVE PROCEDURES AND PENALTIES FOR VIOLATIONS OF THE DIAMOND MUNICIPAL CODE AND AMENDING THE DIAMOND BAR MUNICPAL CODE RESOLTUION NO. 99 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING PENALTIES FOR CERTAIN VIOLATIONS OF THE CITY OF DIAMOND BAR MUNICIPAL CODE DATE: October 13, 1999 Issue Statement Shall the City utilize Citation Authority as an additional tool to strengthen enforcement of its Codes? Recommendation It is recommended that the City Council approve for first reading, by title only, Ordinance No. XX (1999) and adopt Resolution No. 99 -XX. the use of a citation authority to aid the code enforcement process, at the next available City Council meeting. Background The City Council Subcommittee has met with City Staff to review code enforcement policies and procedures. The current code enforcement policy is to operate on a "complaint only, or "reactive" basis. The Subcommittee has recommended the use of "proactive" code compliance policies incorporating civil citation procedures to gain timely and effective compliance. On October 5, 1999, the City Council considered the matter of establishing administrative procedures and penalties for violations of the Municipal Code and directed the preparation of documents necessary to use Citation Authority. The Civil Citation Procedures, Ordinance and Resolution, have been modified to reflect technical revisions requested by the City Attorney. Memo -to Honorable -Mayor and Members of the City Council Page 2 October 13, 1999 A Draft Civil Citation Procedures has been prepared to adopt the proposed Ordinance and Resolution. The Procedures set the citation process, appeals hearing process, and all other matters to be considered for citation enforcement. Prepared by: James DeStefano Deputy City Manager Attachments 1. October 5, 1999, City Council Staff Report 2. Draft Civil Citation Procedures 3. Ordinance No. XX (1999) 4. Resolution No. 99 -XX CITY COUNCIL REPORT Agenda No. MEETING DATE: October 5, 1999 TO: Honorable Mayor and Members of the City Council FROM: Terence L. Belanger, City Manager SUBJECT: Consideration of a Citation Authority Ordinance and Civil Citation Procedures DATE: October 1, 1999 Issue Statement Shall the City utilize Citation Authority as an additional tool to strengthen enforcement of its Codes? Recommendation It is recommended that the City Council direct staff to prepare all appropriate documents necessary to establish the use of Citation Authority and schedule the matter for the next available City Council meeting. Background Citizen demand for prompt code enforcement often results from being fed up with visible piles of junk or debris on a neighboring property. Property owners and residents are concerned with the quality of life in their respective neighborhoods and protection of the investment they have in their homes. In June 1999, the City Council began an examination of city code enforcement policies. The Council's desire is to focus more attention on code enforcement activities. A City Council Subcommittee was formed thereafter to examine current policies and procedures and to suggest modifications where appropriate. The City Council Subcommittee (Mayor Chang and Mayor Pro Tem O'Connor) has met with City Staff to review policies and procedures. The Subcommittee examined code enforcement policies and procedures from a variety of local and regional cities to understand their methods to achieve code compliance. The current code enforcement policy is to operate on a "compliant only" or "reactive" basis. It is the recommendation of the Subcommittee to utilize "proactive" code compliance policies incorporating the use of civil citation procedures to gain timely and effective compliance. Memo to Honorable Mayor and Members of the City Council Page 2 October 1, 1999 Currently when a complaint is received, a response by physical investigation is conducted within 24 hours. Once a complaint has been received, the Code Enforcement Officer will: • Ascertain the nature of the violation. • Verify the condition on-site. • Initiate a file and assign a case number. • Establish the property ownership. After the Code Enforcement Officer has determined the existence of a violation, he may assign the case to another department for code compliance or contact the responsbile party using any one of the fo8owing methods depending on the seriousness of the violation and the responsiveness of the violator from previous contact. • Call — May make a phone call to the property owner and/or the person responsible for the violation. • Visit — May visit the residence or business in violation to personally speak with the responsible party. • Letter — May send a standard letter to the violator to explain the nature of the violation and what the City expects as far as compliance. • Notify — May send a formal notification or letter by certified mail and or first class mail. It is likely that under certain circumstances, a violation and/or nuisance may be delegated to another department for abatement (e.g., illegal grading is routinely handled by Public Works). Confirmation of the violations and all attempts and discussions with responsible parties are noted within the case file. A re -inspection is conducted to verify compliance at the given time limit. Non-compliance results in written communication, confirming prior conversations regarding compliance. A "final" time frame for compliance will vary from "immediately" to several months depending on the severity of the violation. Generally, compliance is requested within ten (10) working days. An inspection is made after the given time limit for compliance. If not resolved, a final request for compliance is mailed. If violation continues to exist, the case is forwarded to the District Attorney for action. Code compliance may also be achieved through the declaration of the violation as a public nuisance. Chapter 10.20 of the Municipal Code outlines the process for removal of abandoned or inoperative vehicles using public nuisance process. Memo to Honorable Mayor and Members ofthe City Council Page 3 October 1, 1999 Discussion The Draft Civil Citation Procedures, if approved, would implement the proposed Ordinance and Resolution establishing the use of citation authority, procedures, and penalties for violations of the Municipal Code. Several municipalities employ citation authority and authorize their Code Compliance Officers to issue field citations, similar to traffic tickets. Local cities utilizing citation authority include Brea, Chino, Chino Hills, Claremont, Covina, La Puente, Ontario, Pomona, San Dimas, and West Covina, in addition to the County of Los Angeles. A citation for violations of the Municipal Code can be issued by a designated code enforcement official. The Code Enforcement Official must have completed specific penal code training, which is a prerequisite for issuance of citations. Citations will only be issued when the code enforcement official has been unable to obtain compliance through voluntary means and the violation remains unresolved. Appendix VII of the Draft Civil Citation Procedures contains a citation schedule for the most common violations of the code. The Civil Citation Procedures contain the implementation process for violations of the city code. A sample civil citation is contained within the Appendix. The schedule of fines and penalties is set forth within the Draft Resolutions and Procedures. Any recipient of a civil citation may contest the violation identified or that he/she is the responsible party. The process involves a hearing before an Administrative Hearing Officer. The Hearing Officer, who likely would not be a member of the City's Staff, would review the City's issuance of the citation. Since the Hearing Officer is neutral, there is no favoritism to either the City of the other party. After reviewing the evidence form both parties, the administrative hearing officer will then issue a written decision. If the decision is in favor of the City, the City will keep the fine. If the decision is in favor of the party cited, all proceedings against the party must be dismissed and the fine must be returned. The party cited has the right to judicial review. As proposed, the Ordinance allows the party the opportunity to appeal an adverse administrative decision. Within 20 days after the decision of the Administrative Hearing Officer is served upon the party, he/she may seek review by filing an appeal in the Municipal Court. If no appeal is filed within the 20 days, the decision of the Administrative Hearing Officer is deemed final. - Memo to Honorable Mayor and Members of the City Council Page 4 October 1, 1999 Government Code Section 53069.4 specifically authorizes cities to make any violation of any ordinance punishable by an administrative fine or penalty instead of criminal prosecution. There are several advantages to imposing administrative fines instead of filing criminal misdemeanor actions or pursuing public nuisance code violations through the public nuisance abatement process. Pursuant to the attached proposed Administrative Penalty Fee Ordinance, the City receives the administrative fine. The proposed Ordinance is designed to improve the effectiveness of code compliance, reduce the length of time that is currently necessary to abate a public nuisance, and recover a portion of the costs of the code enforcement program. In addition to the utilization of citation authority, it is recommended that code enforcement priority be established targeting 'objects" such as inoperative vehicles, junk and debris, or signs placed without proper permits, and "geographic areas" where a high incidence of a particular type of violation exists. Prepared by: James DeStefano Deputy City Manager Attachments DRAFT CITY OF DIAMOND BAR CIVIL CITATION PROCEDURES OCTOBER 1999 ©RAFT CIVIL CITATION PROCEDURES OCTOBER 1999 TABLE OF CONTENTS SECTION PAGE # SECTION 1 - GOVERNING STATUTE 5 1.1 GENERAL PURPOSE 5 1.2 AUTHORITY 5 1.3 CIVIL CITATION INFORMATION 5 1.4 AMOUNT OF FINES 6 1.5 PAYMENT OF THE FINE 6 SECTION 2 - THE HEARING PROCESS 7 2.1 HEARING REQUEST - 7 2.2 GENERAL APPROACH TO HEARING 7 2.3 EVIDENCE REQUIRED TO SUSTAIN THE CITY'S CASE 8 2.4 EXAMINING THE CITATION TO ESTABLISH PRIMA 8 FACIE CASE 2.5 THE CONTESTING PARTY'S CASE 8 2.6 THE DECISION 10 2.7 LATE PENALTIES 10 2.8 DISMISSAL OF LATE PENALTIES 10 2.9 FINE AMOUNTS 11 2.10 PRIOR DISMISSALS/PRECEDENCE 12 2.11 PRIOR HISTORY OF VIOLATIONS 12 2.12 DUPLICATE CITATIONS 12 2 CIVIL CITATION PROCEDURES TABLE OF CONTENTS ®RAFT OCTOBER 1999 SECTION PAGE # SECTION 3 - HEARING PROCEDURES 12 3.1 PRE -HEARING PROCEDURES 12 3.2 BEGIN THE HEARING 13 3.3 REVIEW THE PRIMA FACIE CASE 13 3.4 IF THE PLEA IS: "ADMIT LIABILITY WITH EXPLANATION" 14 3.5 IF THE PLEA IS: "DENY LIABILITY" 14 3.6 CLOSE THE HEARING 15 3.7 RENDER A DECISION 15 3.8 SUMMARY OF HEARING OFFICER'S MAJOR TASKS 15 3.9 SPECIAL SITUATIONS 15 3.10 WAIVER OF FINE DEPOSIT 16 3.11 GUIDELINES FOR ACCEPTING PAYMENT PLANS 17 3.12 SUMMARY OF HEARING PROCESS 17 SECTION 4 - CONTINUANCES 18 4.1 PRE -HEARING CONTINUANCES 18 4.2 CONTINUANCES FOR FURTHER PROOF AFTER HEARING 18 COMMENCES 4.3 OTHER CONTINUANCES 19 4.4 PROCEDURE FOR RECORDING CONTINUANCES 19 3 CIVIL CITATION PROCEDURES TABLE OF CONTENTS SECTION SECTION 5 - RIGHT TO JUDICIAL REVIEW 5.1 APPEALS OCTOBER 1999 PAGE # 19 19 APPENDIX I - CIVIL CITATION ORDINANCE (#99 -XX) APPENDIX II - CIVIL FINES AND PENALTIES RESOLUTION (#99 -XX) APPENDIX III - SAMPLE CIVIL CITATION APPENDIX IV - ADMINISTRATIVE CITATION HEARING FINE DEPOSIT HARDSHIP WAIVER REQUEST APPENDIX V - CIVIL CITATION ADMINISTRATIVE HEARING REQUEST APPENDIX VI - CIVIL CITATION ADMINISTRATIVE HEARING DISPOSITION APPENDIX VII - ADMINISTRATION CITATION SCHEDULE m ,RAFT CIVIL CITATION PROCEDURES OCTOBER 1999 SECTION 1 - GOVERNING STATUTE 1.1 GENERAL PURPOSE 1.2 In October 1999, the City Council approved the Civil Citation Ordinance (No. 99 -XX) which establishes an alternative enforcement tool. The Ordinance allows Municipal Code violations to be processed in a civil manner, thereby providing an efficient code enforcement process and reducing the necessity of a criminal prosecution. Chapter 1.04 of the Diamond Bar Municipal Code, enacted by the Diamond Bar City Council through Ordinance No. 99 -XX, establishes general provisions and regulations providing for a civil citation process to adjudicate violations of the City code. 1.3 CIVIL CITATION INFORMATION A sample of a civil citation is provided in the Appendix. The following guidelines are provided concerning the issuance and the content of administrative citations: A. Whenever an Enforcement Official, as defined by Section 1.04.020 of Ordinance No. 99 -XX, determines that a violation of that provision has occurred, the Enforcement Official shall have the authority to issue a Civil Citation to any person responsible for the violation. B. Each Civil Citation shall contain the following information: Name of the Citee who is charged as a responsible person for the violation. Date or dates on which the violation existed for which a fine is being charged. 3. Municipal Code section (or sections) violated. 4. Address where the violation occurred. 5. Description of the violation. 6. Amount of the fine for the violation and how to pay the fine and avoid a CIVIL CITATION PROCEDURES OCTOBER 1999 late payment penalty. 7. The procedure for requesting an Administrative Hearing on the violation. 8. Notice that the violation is a nuisance and that collection of unpaid fines and/or nuisance abatement costs can be enforced as an assessment or lien against the property where the violation occurs and that unpaid assessments can result in the property being sold after three years by the County Assessor. Assessments and liens for the fine can be contested at an administrative hearing. 9. Name of the Enforcement Official issuing the citation. 1.4 AMOUNT OF FINES A. The amounts of the fines for Code violations imposed pursuant to this Chapter shall be set forth in the Schedule of Fines and Penalties established by Resolution of the City Council. B. The Schedule of Fines and Penalties shall specify -any increased fines for repeat violations of the same Code provision by the same person within one year from the date of a Civil Citation. C. The Schedule of Fines and Penalties shall specify the amount of any late payment charges imposed for the payment of a fine after its due date. 1.5 PAYMENT OF THE FINE A. The fine shall be paid to the City within thirty (30) days from the date of the Civil Citation. B. Any Civil Citation fine paid pursuant to subsection A, shall be refunded in accordance with Section 1.04.150 of Ordinance No. 99 -XX if it is determined, after an Administrative Hearing, held in accordance with Section 1.04.080, that the person charged in the Civil Citation was not responsible for the violation or that there was no violation as charged in the Civil Citation. C. Payment of a fine under this Chapter shall not excuse or discharge any continuation or repeated occurrence of the Code violation that is the subject of the Civil Citation. :1 CIVIL CITATION PROCEDURES OCTOBER 1999 SECTION 2 - THE HEARING PROCESS 2.1 HEARING REQUEST A. Any recipient of a Civil Citation may contest that there was a violation of the Code or that he or she is the Responsible Person by completing an Administrative Hearing Request Form and returning it to the City within thirty (30) days from the date of the Civil Citation, together with an advance deposit of the fine, unless waived pursuant to Section 1.04.090 of Ordinance No. 99 -XX. B. A Request for Hearing Form may be obtained from the City department specified on the Civil Citation. C. The person requesting the hearing shall be notified of the time and place set for the hearing at least ten (10) days prior to the date of the hearing. D. If the Enforcement Officer submits an additional written report concerning the Civil Citation to the Hearing Officer for consideration at the hearing, then a copy of this report shall also be given to the person requesting the hearing. 2.2 GENERAL APPROACH TO HEARING A. Informality of the Hearing The Hearing is an informal proceeding in that the strict rules of evidence applicable in a court trial do not apply. However, each party will have the opportunity to present evidence and to cross-examine any witnesses. The Hearing Officer should make clear to the contesting party that the hearing is not being conducted under the strict rules of evidence. Despite the relative informality, each Hearing is recorded on tape so that a record of the proceeding is preserved. The final decision in a Hearing should be rendered in writing to the contesting party using the designated form. B. The Role of the Hearing Officer The Hearing Officer has the following responsibilities: Explain the Hearing procedure. 2. Examine the citation for any defects. 3. Listen to the contesting party's testimony, consider all evidence received, including any discrepancies elicited during the questioning, and render a decision based on the facts of the case and applicable laws. CIVIL CITATION PROCEDURES OCTOBER 1999 4. Question the contesting party, and any witnesses, to determine the credibility of their claims and authenticity of any documents presented. 5. Allow for cross examination by any Enforcement Official or other City representative. It is essential that a Hearing Officer remain independent and impartial. The Hearing Officer does not "represent" the City in a hearing but rather "conducts" the hearings and renders a decision in accordance with the rules, regulations, and policies and procedures established by applicable laws. 2.3 EVIDENCE REQUIRED TO SUSTAIN THE CITY'S CASE The Civil Citation Ordinance provides that a properly completed Civil Citation is prima facie evidence of a violation. Where in the opinion of the City Manager, the citation is determined to be improperly issued, the City Manager may dismiss the citation. What this means is that once a citation is determined to be properly completed, a prima facie case is established that the violation occurred. An Enforcement Official is not required to appear at the hearing. If the contesting party wishes to successfully contest the allegations contained in a Civil Citation, the contesting party must present a preponderance of credible evidence as weighed against the prima facie case. A preponderance of evidence is evidence of greater weight when weighed against the evidence opposing it, and has more convincing force or a greater probability of truth. The contesting party must establish an affirmative defense or a preponderance of credible evidence as measured against the City's prima facie case to show either that the violation did not occur or that the contesting party was not the Responsible Person liable for the violation. 2.4 EXANIINING THE CITATION TO ESTABLISH PRIMA FACIE CASE The City's case, depending on the Municipal Code Section cited, generally is limited to the production of a copy (or computer printout) of the citation and supporting documents. When a hearing commences, the Hearing Officer should first examine the citation. Every civil citation is to contain the information required under Section 1.04.040 of Ordinance No. 99 -XX. 2.5 THE CONTESTING PARTY'S CASE Once the prima facie case has been established, the contesting party may present his or her case. A. The Contesting Party's Defense Generally, the Hearing Officer should simply let the contesting party present all 8 CIVIL CITATION PROCEDURES OCTOBER 1999 of his/her testimony. The Hearing Officer must afford the contesting party a fair opportunity to establish his/her defense. The Hearing Officer must always avoid prejudging the case, remaining open-minded and attentive. It is important to hear and endeavor to understand what the contesting party is saying. When a contesting party has difficulty communicating in the English language, the Hearing Officer shall attempt to secure the services of a translator, the selection of whom shall be amenable to both the contesting party and the City. Special arrangements shall be made when a contesting party's hearing or vision is severely impaired or other physical disability exists. B. The Contesting Party's Witnesses The Hearing Officer should allow the contesting party to call as many witnesses as are reasonably needed to substantiate his/her explanation. The Hearing Officer should listen to the testimony of each witness and question as necessary. However, the Hearing Officer should use discretion to limit the testimony and/or number of witnesses on the basis of redundancy or irrelevancy of the information. While a witness is testifying, the Hearing Officer may require that other witnesses wait outside the hearing room until called. C. The Contesting Party's Documents The contesting party may submit any relevant documents. Each document must be retained by the Hearing Officer as part of the hearing record. While a contesting party may present any relevant documentary evidence, the Hearing Officer must attempt to determine the authenticity and the amount of credibility assigned to the documents. A copy of any document submitted must be retained in the file. It constitutes a part of the record for purposes of a possible appeal. For the documents that the contesting party must retain, a complete copy should also be made for the official file. If the contesting party wishes to withdraw an item from evidence, the Hearing Officer should explain the possible consequence to the defense and that the document might not be subsequently accepted by an appeal to civil court. If the contesting party persists, be certain that the contesting party states on the record the exact items that are being withdrawn and that the contesting party is withdrawing the items of their own volition. As a matter of routine practice, the Hearing Officer should read into the record any evidence submitted, or describe any items or objects (such as pictures, charts, invoices, etc.) No case should be continued nued solely because the contestingly failed to bring all of the available documents that may be pertinent to the hearing. z CIVIL CITATION PROCEDURES 2.6 THE DECISION A. Determination OCTOBER 1999 After the Hearing Officer has heard and weighed all the evidence, a ruling must be made. The facts, as determined by the Hearing Officer, must be evaluated in light of the specific Municipal Code section(s) cited. The Hearing Officer must determine whether the contesting party has overcome the City's prima facie case by establishing a sufficient defense by a preponderance of the evidence. If the contesting party proves the defense to the Hearing Officer's satisfaction, the citation would be dismissed. If the contesting party has not presented a credible defense, the contesting party must be found liable and pay the fine. Either the contesting party has adequately proven a defense or the defense has failed. A contesting party found liable must pay the fine. The Hearing Officer must set out a fine payment schedule for those who previously obtained Fine Deposit Hardship Waivers. Normally, the Hearing Officer will not leave the hearing room while deliberating. The Hearing Officer's decision is final for the Administrative Hearing. A written notification of the Hearing Officer's decision will be either given to the contesting party at the end of the hearing or mailed to the contesting party within 30 days of the hearing. B. Rationale for the Finding The Hearing Officer's decision and reason for the decision should be documented on the Administration Disposition Hearing Form. This document together with the evidence package should be returned to the Code Enforcement Section. 2.7 LATE PENALTIES Any fine amount imposed pursuant to Chapter 1.04.060 of Ordinance No. 99 -XX and Resolution No. 99 -XX shall be deemed late if it is not paid in accordance with the terms and provisions of Chapter 1.04.170. Any person who fails to pay to the City the amount of any fine imposed pursuant to the provisions of Chapter 1.04.060 of Ordinance 99 -XX and Resolution No. 99 -XX on or before the date that fine amount is due shall be liable for the payment of an additional late payment penalty. 2.8 DISMISSAL OF LATE PENALTIES The Hearing Officer has the uthority to dismiss late penalties which have accrued, but only in the case that the co . ting party has demonstrated by a preponderance of W CIVIL CITATION PROCEDURES . rARp�u nsf M OCTOBER 1999 evidence that he or she did not have notice of the violation (e.g., did not receive the original citation). If the citation reflected an incorrect fine, or if the money paid was not enough to fully satisfy the fine, the possibility of confusion may be considered as justification for waiving a delinquency penalty. The situation is much more complicated when the contesting party claims that notices went to the wrong address. If the contesting party adequately demonstrates that a lack of notice under these circumstances precluded timely payment, late penalties may be dismissed, but only when the contesting party also establishes that the original copy of the citation was not received. The Hearing Officer should be wary of the contesting party who claims not to have seen or received the original citation(s). When such a claim is advanced, the Hearing Officer must assess the contesting party's credibility and powers of recollection. Other situations that the Hearing Officer may encounter include: 1. A lack of funds does not preclude responding in a timely manner. It should be remembered that anyone who is issued a citation is held responsible for paying the fine or contesting the citation in a timely manner. A person who cannot afford advance deposit of the fine can apply for hardship waiver of the fine deposit. 2. A lost citation is not sufficient to mitigate a late payment penalty. 3. A statement that the contesting party did not realize liability would increase because he/she responded after the due date may not be accepted for any reduction of the amount due. 4. If a citation is dismissed or the contesting party is found not liable, no delinquency penalty shall be imposed, regardless of the fact that there may have been lateness in the contesting party's response. 5. The best proof of payment is a canceled check, money order, or cashier's receipt, all of which should contain the number of the citation claimed to have been paid. 2.9 FINE AMOUNTS Fine amounts are set only by the City of Diamond Bar pursuant to Resolution No. 99 -XX. The fact that the City may revise the fine amounts from time to time does not give a Hearing Officer the authority to adjust fine amounts to achieve "uniformity." The violator must be charged the fine amount authorized by the City at the time the citation 11 CIVIL CITATION PROCEDURES DRAFT OCTOBER 1999 was issued. However, if the citation reflected an incorrect fine amount, the possibility that the contesting party was confused should be given considerable weight when reviewing the appropriateness of suspending a delinquency penalty. 2.10 PRIOR DISMISSALS/PRECEDENCE It is possible that a Hearing Officer may discover that a Hearing is being held for a citation that has been previously dismissed. Such a case should be dismissed. With the exception of a prior dismissal of a particular citation, however, a prior decision on a different citation (by any Hearing Officer) does not have the force of precedence, even if the earlier decision was for the same type of violation and under very similar circumstances. Regardless of prior rulings, the Hearing Officer must consider each case on its own merits. A prior dismissal may, after all, have resulted from an error or been based on a subjective judgement of credibility and/or an analysis of the evidence with which another Hearing Officer might not agree. 2.11 PRIOR HISTORY OF VIOLATIONS The fact that an individual has received other (or similar) citations in the past, or has conceded the validity of prior citations by making payment, or appealed prior citations, should not be used as a basis to conclude that the contesting party is "liable" in subsequent hearings. The existence of other citations may be relevant to the issue of notice (i.e., an earlier citation at the same location for the same type of violation may weaken a responding party's contention that he/she was unaware of the code requirements). 2.12 DUPLICATE CITATIONS It is the policy of the City of Diamond Bar to dismiss a citation for a non -egregious offense if another citation was issued at the same location, for the same violation,.on the same calendar day of the first citation. SECTION 3 - HEARING PROCEDURES The purpose of this section is to provide the Hearing Officer(s) and the City department issuing the citation with guidelines and procedures for scheduling and conducting the hearing. 3.1 PRE -HEARING PROCEDURES A. The Code Enforcement Section will prepare a file for each case to be heard. The file must contain a copy of the citation(s) contested and a Hearing Disposition Form. B. Upon the contesting party's arrival, the Hearing Officer will verify the contesting 12 CIVIL CITATION PROCEDURES OCTOBER 1999 party's name and the citation number with information provided and note the date, time, and location of the hearing. C. The Hearing Officer will provide the contesting party a brief description of the hearing process and of his/her rights and responsibilities. 3.2 BEGIN THE HEARING A. Start the tape recorder and inform. the contesting party of this action. B. State the date and time and instruct the contesting party to give his/her name and address for the record. C. Ask the contesting party if he/she is the owner of the location where the violation occurred. If not, ask him/her to state their relationship to the owner or interest in the proceeding, if any. D. If witnesses are present ask them to give their name and address for the record. E. Have the contesting party and witness recite the following oath: "Do you affirm, under penalty of perjury, that the testimony you give will be the truth?" If yes, please say, "I do." _ F. Excuse all witnesses and inform them that they will be recalled when it is their turn to testify. G. Read the citation number, date, time, location and type of violation into the record. H. Request that the contesting party "admit liability with explanation" or "deny liability" for the record. 3.3 REVIEW THE PRIMA FACIE CASE A. Examine the citation to determine if the statutorily required and pertinent information has been entered by the issuing officer. B. If any vital information is missing, dismiss the citation. C. If no required information is missing, follow steps outlined in 3.4 for a plea of "admit liability with explanation" or follow steps outlined in 3.5 for a plea of "deny liability." 13 CIVIL CITATION PROCEDURES OCTOBER 1999 3.4 IF THE PLEA IS• "ADAUT LIABILITY WITH EXPLANATION" A. If the contesting party admits liability but desires to submit a mitigating explanation, ask the contesting party to testify to or provide any relevant information or evidence of the mitigating circumstances. B. Following the testimony and/or information, ask the contesting party for the record if there is any additional testimony or evidence he/she wishes to present. C. If the testimony does not clearly set forth the mitigating circumstance, ask the contesting party questions relating to the testimony. D. Call in witnesses, if needed, one by one. Ask the witnesses to present their testimony for the record. E. Review all documents and other supporting evidence. For the record, read aloud or describe any documents presented. Place copies of all documentation or other supporting evidence in the case file. F. Ask the contesting party if there is any further testimony prior to closing the hearing. 3.5 IF THE PLEA IS: "DENY LIABILITY" A. Ask the contesting party to present his or her testimony or provide any information or evidence explaining the circumstances of the violation. B. Listen very carefully to the contesting party's testimony. If necessary, question the contesting party to clarify points relating to the issuance of the citation. Following the testimony, ask the contesting party for the record if there is any additional testimony or evidence he/she wishes to present. C. Call in witnesses, one by one. Ask the witnesses to present their testimony for the record. D. Review all documents and other supporting evidence. For the record, read aloud or describe any documents presented. Place copies of all documentation or other supporting evidence in the case file. E. Ask the contesting party if there is any further testimony or evidence prior to closing the hearing. 14 CIVIL CITATION PROCEDURES 3.6 CLOSE THE HEARING OCTOBER 1999 A. If the Hearing Officer is ready to render a decision, a verbal decision to close the hearing should be tape recorded. B. Retain the Hearing Disposition Form and close the hearing. C. Turn off the recorder and inform the contesting party of this action. 3.7 RENDER A DECISION A. Make a decision on liability based on the testimony and evidence. B. Enter the decision on the Hearing Disposition Form. Enter the total amount of fine, if any, to be paid. If a Hardship Waiver was issued, and the citation is upheld, define a payment schedule. C. Enter a brief written statement including the reasons for the decision on the hearing decision form. If the citation contained different events, indicate which events are dismissed or upheld. D. The form with the decision will be either hand- delivered or mailed to the responsible party. 3.8 SUMMARY OF HEARING OFFICER'S MAJOR TASKS • Read the citation into the record. • Administer the oath. • Record contesting party's name and address. • Record the name and address of the responsible party and the contesting party's relationship to the responsible party. • Hear and examine the contesting party, any witnesses and all the evidence. • Render a written decision including rationale for the findings. 3.9 SPECIAL SITUATIONS A. The Represented Contesting Party An appearance may be made for the contesting party with evidence of consent from the contesting party. This party may be a co-owner (business partner, '15 CIVIL CITATION PROCEDURES OCTOBER 1999 spouse), competent family member, legal guardian (for either a minor or elderly citee), executor of estate, property manager, or attorney. The oath should be administered to the representative or agent in the same manner as it would be administered to the responsible party. B. Ethical Guidelines If at any time a Hearing Officer is confronted with a contesting party, either property owner or representative, and the Hearing Officer believes that he/she may be biased for or against the contesting party, the Hearing Officer should disqualify himself or herself. If at any time, an approach is made by any person, including someone connected with the City, that, either directly or by implication, attempts to influence the Hearing Officer's decisions, the situation must immediately be brought to the attention of the City Manager. At no time is any Hearing Officer or any other employee of the City to suggest, arrange, or agree that any particular contesting party appear before any particular Hearing Officer. Any such request or suggestion shall be immediately reported to the City Manager. Failure to report such a suggestion or arrangement may constitute grounds for contractual, legal or disciplinary action against all parties withholding such knowledge. 3.10 WAIVER OF FINE DEPOSIT Section 1.04.080 of Ordinance No. 99 -XX requires that a request for hearing be preceded by depositing the full amount of the fine with the City. A contesting party may request a waiver of this requirement by filing a Fine Deposit Hardship Waiver Form and submitting a written declaration of financial condition. The request for waiver must be requested by the responsible party within ten (10) days of the citation date and will be considered by the Hearing Officer prior to the hearing being scheduled. If the waiver is granted, the case will be set for hearing and the contesting party notified. If the contesting party is found not to be liable, no further action is necessary. If the contesting party is found liable, however, payment arrangements must be made with the Hearing Officer at the time of the hearing. If the request for waiver is denied, the contesting party will be notified prior to the hearing date. 16 CIVIL CITATION PROCEDURES 3.11 GUIDELINE FOR ACCEPTING PAYMENT PLANS A. Purpose OCTOBER 1999 Whenever possible, it is recommended to collect the payment in full. It is recognized that collecting the payment in full is not always possible. B. Advise the Responsible Party of all Options Available for Payment • Borrow from a friend or relative • Pay by credit card • Determine if they have any other assets that might be liquid enough to turn into cash • Savings accounts: Regular, Christmas Club Accounts or Time Deposits • Stocks or bonds C. Recommended Guidelines for Terms of a Payment Agreement $100.00 - Pay in full 200.00 - 2 Monthly Payments 500.00 - 3 Monthly Payments The above are guidelines only. Payment arrangements can be made where the term of the arrangement can be paid sooner. Also, depending on the circumstances, payment schedules can be longer. 3.12 SUMMARY OF HEARJNG PROCESS Administrative Hearing Request Forms are available from the Code Enforcement Section. Staff sends out Administrative Hearing Request Forms, as well as information on the hearing process, to citizens upon request. The Code Enforcement Section receives the request for hearing and verifies if submitted within the proper period. If the request has not been received within the proper period, staff advises the citizen it was not received in time and a hearing is not scheduled. Staff advises the violator that payment is due within 17 CIVIL CITATION PROCEDURES OCTOBER 1999 thirty (30) days of the citation date. If the request is received in time, staff checks that the deposit and/or waiver request is submitted within the proper period. If no deposit or waiver request is submitted within the proper time, no hearing is scheduled. If all information is received within the required time, staff updates the records to reflect this fact. If the request for hearing and required payment or waiver is received within the required time, then the Code Enforcement Section schedules the hearing. The Code Enforcement Section also: • Coordinates activities and submittal of information with the Hearing Officer. • Sends notification of hearing to contesting party with hearing date, location, and information on hearing process. • Receives copy of completed Disposition Form from Hearing Officer and reviews the decision. • Sends Disposition Form to contesting party and updates records. If citation is upheld and involves waiver issues, reviews the payment schedule for fine. If citation is dismissed, updates records and returns deposit within thirty (30) days. - SECTION 4 - CONTINUANCES 4.1 PRE -HEARING CONTINUANCES After reminding contesting parties of their right to present evidence, and under appropriate circumstances, a continuance may be granted to those requesting such action for the first time. Hearing Officers should not engage in a "pre -hearing" to decide this. If there is doubt, grant the continuance. Relevant considerations are: a. The reason(s) the contesting party cannot produce evidence or otherwise adequately state a case 4t the time of the hearing; b. The likelihood that a continuance will result in the production of significant relevant evidence; and C. The sincerity and credibility of the contesting party. 4.2 CONTINUANCES FOR FURTHER PROOF AFTER HEARING COMMENCES Continuances should be granted if the contesting party was genuinely taken by surprise. This last requirement rules out all contesting parties except those whom you determine 18 CIVIL CITATION PROCEDURES OCTOBER 1999 r, F - genuinely misunderstood the nature of the hearing, or if they understood, were not then aware of the existence or availability of the evidence until they were already in the hearing. A continuance is not to be given to anyone who should have understood the opening instructions and could have requested a continuance then, even if he or she did not realize that the evidence he or she failed to bring could have helped the contesting party's case. The instructions on the citation and the opening instructions for the hearing are adequate prior notice of the nature of the hearing. 4.3 OTHER CONTINUANCES Should the contesting party or a witness become ill during a hearing or should another emergency delay the hearing, the Hearing Officer may grant a continuance or re- schedule the hearing. 4.4 PROCEDURES FOR RECORDING CONTINUANCES Continuances of matters heard on a citation should be granted for no more than ten (10) calendar days unless the contesting party proves that he or she will be out of town, hospitalized or otherwise unable to appear. In this case, a longer period of time may be granted. The matter should be logged and the continuance notation written on the hearing disposition form. Both the appearance date and the continuance date should be written on the form. The information required must also be recorded on the tape of the hearing. Contesting parties should be warned that failure to appear on the continued date may result in late penalties being assessed and a judgment taken by default for the full amount of the fine. When a hearing is re -opened, the proceedings must be recorded on tape, whether the contesting party has returned or not. The information must also be added to the Hearing Officer disposition form. In those cases in which the contesting party does not return as scheduled, the Hearing Officer should see that copies of the completed disposition form are mailed to the contesting party's address. Whenever any continuance is closed, the action must be logged in the file. SECTION 5 - RIGHT TO JUDICIAL REVIEW 5.1 APPEALS The decision of the Hearing Officer is the final step in the civil citation process. The 19 CIVIL CITATION PROCEDURES r� ?W?- 'r r- L J OCTOBER 1999 contesting party may seek judicial review of the administrative hearing decision by filing an appeal with the municipal court within 20 calendar days after the Citee receives the decision at the conclusion of the hearing, or if the decision is not made at the end of the hearing, within 20 days after the date the decision is served on him or her in accordance with the provisions of California Government Code Section 53069.4. 20 V�-: -- p V,x rasa CIVIL CITATION PROCEDURES OCTOBER 1999 APPENDIX I CIVIL CITATION ORDINANCE (#99 -XX) ORDINANCE NO. (1999) AN ORDINANCE OF THE CITY OF DIAMOND BAR ESTABLISHING ADMINISTRATIVE PROCEDURES AND PENALTIES FOR VIOLATIONS .OF THE DIAMOND BAR MUNICIPAL CODE AND AMENDING THE DIAMOND BAR MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City of Diamond Bar Municipal Code is hereby amended by deleting Chapter 1.04 and adding a new Chapter 1.04 to read as follows: CHAPTER 1.04 PENALTIES — CIVIL REMEDIES. Section 1.04.010. Scope of Enforcement. (a). Violations of Municipal Code — No person shall violate any provisions or fail to comply with any of the requirements of this Code. Violations of this Code are punishable in accordance with this Chapter. If a violation constitutes a continuing violation or is otherwise of the nature that it can be remedied, the Responsible Person, as defied, shall correct the violation within thirty (30) days of issuance of the administrative citation. (b). Continuing Violations - Each and every day, or any portion thereof, during which any violation of any provision of this Code or any failure to comply with any requirement of this Code is committed, continued or permitted shall constitute a separate offense and shall be deemed punishable in accordance with this Chapter. (c). Administrative Citations Which May Be Treated as Misdemeanors Any person who violates the same provision, or fails to comply with the same requirement, of any Code section subject to enforcement under this Chapter more than three (3) times within a twelve (12) month period shall be guilty of a misdemeanor for each violation committed thereafter within that same twelve (12) month period. (d). Nuisance — Any violation of any provision of this Code or any failure to comply with any of the requirements of this Code constitutes a nuisance, and may be abated by the City through civil process by means of restraining order, preliminary injunction, or in any other manner provided by law for the abatement of such nuisances. (e). Severabiliit — The City Council declares that, should any title, chapter, provision, section, paragraph, sentence or word of this Code be rendered or declared invalid by any final court action by a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining titles, chapters, provisions, sections, paragraphs, sentences and words of this Code are severable and shall remain in full force and effect. Section 1.04.020. Definitions. The following words and phrases, when used in the context of this Chapter, shall have the following meanings: (a). Enforcement Official — A person designated by the City Manager as an Enforcement Official or any member of the Sheriff's Department who is authorized to enforce the provisions of the Diamond Bar Municipal Code. (b). Legal Interest - Any interest that is represented by a deed of trust, quitclaim deed, mortgage, judgement, lien, tax or assessment lien or other similar instrument, which is recorded with the County Recorder. (c). Responsible Person — Any person whom an Enforcement Official determines is responsible for causing or maintaining a violation of the Code. The term "Responsible Person' includes, but is not limited to, a property owner, tenant, person with a Legal Interest in real property, or person in possession of real property. Section 1.04.030. Administrative Citation. Any violation of any section of this Code shall be subject to issuance of an administrative citation by an Enforcement Official as provided in this Chapter. In the case of violations of the Building, Plumbing or -Electrical Codes, an administrative citation shall not be issued until after the responsible person has been provided notice and a reasonable opportunity to correct the violation, and has failed to do so. Payment of any administrative citation shall not bar further enforcement action by the City if the violation is not corrected or otherwise continues. Section 1.04.040. Content of Administrative Citation. An administrative citation shall contain all of the following information: (a) The date and location of the violation and the approximate time the violation was observed. (b) The Code section violated and a description of how the section was violated. (c) The amount of the fine imposed for the violation, and where and when the fine shall be paid. (d) An order prohibiting another occurrence of the Code violation. (e) A description of the administrative citation review process, including the time within which to contest the administrative citation and the place from which to obtain a Request for Hearing Form to contest the administrative citation. (f) The name and signature of the citing Enforcement Official. Section 1.04.050 Procedure for Serving Administrative Citation. An Enforcement Official may issue an administrative citation, on a form approved by the City Manager, to a Responsible Person, as follows: (a) If the Responsible Person is an individual, the Enforcement Official shall attempt to locate the individual and issue to that individual an administrative citation. If the address of the individual is known to the City, a copy of the administrative citation also shall be mailed to the individual by certified mail, postage prepaid, return receipt requested. Simultaneously, the same notice shall be sent by regular mail. If a notice sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned. (b) If the Responsible Person is a corporation, the Enforcement Official shall attempt to locate any one of the following individuals and issue to that individual an administrative citation: the president or other head of the corporation, a vice - resident, a secretary or assistant secretary, a treasurer or assistant treasurer, a general manager, or a person authorized by the corporation to receive service of process in a civil action. If the office address of any of the above listed individuals is known to the City, a copy of the administrative citation also shall be mailed to one of those individuals by certified mail, postage prepaid, return receipt requested. Simultaneously, the same notice shall be sent by regular mail. If a notice sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned. (c) If the Responsible Person is a business other than a corporation, the Enforcement Official shall attempt to locate the business owner and issue the business owner an administrative citation. If the Enforcement Official can locate only the manager of the business, the administrative citation may be given to the manager of the business. If the address of the business is known, a copy of the administrative citation also shall be mailed to that address to the attention of the business owner or a Responsible Person. The mailing shall be sent by certified mail, postage prepaid, rettim receipt requested. Simultaneously, the same notice may be sent by regular mail. if a notice sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned. (d) The Enforcement Official shall attempt to obtain on the administrative citation the signature of the Responsible Person, or in cases in which the Responsible Person is a corporation or business, the signature of the person served with the administrative citation. If a Responsible Person or person served refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the citation or of subsequent proceedings. DRAL"I'll (e) If the Enforcement Official is unable to locate a Responsible Person for the violation, the administrative citation shall be mailed to the Responsible Person by certified mail, postage prepaid, return receipt requested. Simultaneously, the same notice may be sent by regular mail. If a notice sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned. (f) If the Enforcement -Official does not succeed in serving the Responsible Person personally, or by certified mail or regular mail, the. Enforcement Official shall post the administrative citation on any real property within the City in which the City has knowledge that the Responsible Person has a Legal Interest, and such posting shall be deemed effective service. (g) If the Enforcement Official does not succeed in serving the Responsible Person personally, by certified mail or regular mail, and the City is not aware that the Responsible Person has a Legal Interest in any real property within the City, the Enforcement Official shall cause the administrative citation to be published once a week for four successive weeks in a local newspaper published at least once a week. Section 1.04.060 Administrative Fine. The fine imposed pursuant to this Article for a particular violation shall be in the amount set forth in the Schedule of -Fines and Penalties established by Resolution of the City Council. The Schedule of Fines and Penalties shall specify the amount of any late payment charges imposed for failure to pay -the fine by the due date. Section 1.04.070 Payment of Administrative Fine. The administrative fine shall be paid to the City within thirty (30) days from the date of service of the administrative citation. If, after a hearing requested pursuant to Section 1.04.080, the Hearing Officer determines that the administrative citation should be canceled, the administrative fine shall be refunded. Section 1.04.080. Request for Administrative Hearing. Any Responsible Person to whom an administrative citation is issued may contest the citation no later than thirty (30) days from the date of service of the administrative citation by (1) completing a Request for Hearing Form and returning it to the City; and (2) either depositing the administrative fine with the City or providing notice that a request for an Advance Deposit Hardship Waivei has been filed pursuant to Section 1.04.090. A Request for Hearing Form may be obtained from the department specified on the administrative citation. The person requesting the hearing shall be notified by certified mail, return receipt requested, of the time and place of the hearing at least ten (10) days before the date of the hearing. Any documentation, other than the administrative citation, which the Enforcement Official has submitted or will submit to the Hearing Officer shall be sent to the person requesting the hearing by certified mail, return receipt requested, and regular via first class mail at least five (5) days before the date of the hearing. If the information sent by certified mail is returned unsigned, then service shall be deemed effective by regular first class mail. Any information submitted by the Enforcement Official shall also be made available to the person requesting the hearing at the time of the hearing. Section 1.04.090. Advance Hardship Waiver Deposit. Any Responsible Person who requests a hearing to contest an administrative citation and who is financially unable to deposit the administrative fine as required in Section 1.04.070. may file a request for an Advance Deposit Hardship Waiver. The request shall be filed with the Development Services Division on an Advance Deposit Hardship Waiver application form, available from the department, no later than ten (10) days after service of the administrative citation. The City Manager or his/her Designee may issue an Advance Deposit Hardship Waiver only if the person requesting. the waiver submits to the City Manager or his/her Designee a sworn affidavit, together with any supporting documents, demonstratingto the satisfaction of the City Manager or his/her Designee the person's financial inability to deposit with the City the full amount of the fine in advance of the hearing. Written proof of financial hardship, at a minimum must include tax returns, financial statements, bank account records, salary records or similar documentation demonstrating that the Responsible Person is unable to deposit the penalty. The City Manager or his/her Designee shall issue a written decision specifying the reasons for issuing or not issuing the waiver. The decision shall be served upon the person requesting the waiver by certified mail, return receipt requested and regular first class mail. If the City Manager or his/her Designee determines that the waiver is not warranted, the person shall remit the full amount of the fine to the City within ten (10) days of receipt of the City Manager or his/her Designee's written decision. Section 1.04.100. Time for Administrative Hearing. Only after a Request for Hearing Form is filed, and the Responsible Person requesting the hearing has either deposited the administrative fine in full or obtained an Advance Deposit Hardship Waiver, shall the City set the date and time for the Administrative Hearing. The hearing shall be set for a date not less than fifteen (15) days nor more than sixty (60) days after the Request for Hearing Form is filed, and the administrative fine is deposited with the City or an Advance Deposit Hardship Waiver is issued. The City shall send notice of the date, time, and place of the hearing to the person requesting the hearing by certified mail, return receipt requested at least ten (10) days before the date of the hearing. Section 1.04.110. Request for Continuance of Hearing. The Responsible Person requesting a hearing may request one continuance, but in no event may the hearing begin later than ninety (90) days after the Request for Hearing Form is filed, and the administrative fine is deposited with the City or an Advance Deposit Hardship Waiver is issued. Section 1.04.120. Appointment of Administrative Hearing Officer. The hearing shall be conducted by an Administrative Hearing Officer appointed by the City Manager to perform such hearings. Section 1.04.130. Procedures at Administrative Hearing. The Responsible Person may attend the hearing in person or in lieu of attending may submit written argument and documentation under penalty of perjury prior to the time scheduled for the hearing. Administrative Hearings are informal, and formal rules of evidence and discovery do not apply. Each party shall have the opportunity to present evidence in support of his or her case and to cross-examine witnesses. The City bears the burden of proof at an Administrative Hearing to establish a violation of the City Code. The administrative citation and any additional reports submitted by the Enforcement Official shall constitute prima facie evidence of the facts contained in those documents. The Administrative Hearing Officer must use a preponderance of evidence as the standard of evidence in deciding the issues. Section 1.04.140. Failure to Attend Administrative Hearing. If the Responsible Person fails to attend the hearing or fails to submit arguments in writing, the Administrative Hearing Officer will render a decision based on the documents that have been received and the Responsible Person will be deemed to have waived his/her right to an Administrative Hearing. Under those circumstances, the Administrative Hearing Officer may request additional information from either the Responsible Person or the Enforcement Official as may be necessary to render a decision. If service of the Administrative Hearing is made by posting the citation on real property within the City in which the Responsible Person has a Legal Interest, and the Responsible Person provides verifiable and substantial evidence that removal of the administrative citation from the property by a third party caused the Responsible Person's failure to attend the scheduled hearing, the Responsible Person shall be entitled to an Administrative Hearing. Section 1.04.150. Decision of Administrative Hearing Officer. No later than thirty (30) days after the date on which the Administrative Hearing concludes, the Administrative Hearing Officer shall issue a written decision to uphold or cancel the administrative citation. The Administrative Hearing Officer shall set forth the reasons for the decision. The decision shall be served upon the Responsible Person by the applicable method set forth in Section 1.04.050. If the Administrative Hearing Officer upholds the administrative citation, the --City shall retain the fine deposited by the Responsible Person. If the Administrative Hearing Officer upholds the administrative citation and the fine has not been deposited pursuant to an Advance Deposit Hardship Waiver, the Administrative Hearing Officer shall specify in the decision a payment schedule for the fine. If the Administrative Hearing Officer cancels the administrative citation, any fine deposited with the City shall be promptly refunded. If the Administrative Hearing Officer determines that the violation for which the citation was issued occurred, but that the Responsible Person has introduced credible evidence of mitigating circumstances warranting imposition of a lesser penalty than that prescribed in the penalty schedule, the Administrative Hearing Officer may impose a lesser penalty or no penalty at all. The Administrative Hearing Officer's written decision is final, and shall notify the Responsible Person of his/her right to appeal as provided in Section 1.04.160. Section 1.04.160. Appeal of Decision of Administrative Hearing Officer. Within twenty (20) days after service of the decision of the Administrative Hearing Officer upon the Responsible Person, he/she may seek review of the decision by filing a notice of appeal with the municipal court. The Responsible Person shall serve upon the City Clerk either in person or by first class mail a copy of the notice of appeal. If the Responsible Person fails to timely file a notice of appeal, the Administrative Hearing Officer's decision shall be deemed confirmed. Section 1.04.170. Late Payment Charges. Any person who fails to pay to the City on or before the due date an administrative fine imposed pursuant to the provisions of this Chapter, shall be liable for the payment of any applicable late payment charges set forth in the Schedule of Fines and Penalties established by Resolution of the City Council. Section 1.04.180. Collection of Administrative Fine. The City may collect any past -due administrative fine or late payment charges by use of any available legal means. Section 1.04.190. Failure to Pay Administrative Fine. Failure to pay an administrative fine is a misdemeanor. In that event, or if the City prevails in an appeal to the municipal court pursuant to Section 1.04.160, and the Responsible Person fails to comply with the final Administrative Order, the City may file a criminal misdemeanor action against the Responsible Person. Filing a criminal misdemeanor action does not preclude the .City from using any other legal remedy available to gain compliance with the Administrative Order. SECTION 2 The City Clerk is directed to certify to the passage and adoption of the Ordinance and to cause it to be published or posted as required by law. SECTION 3 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 any 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 without regard to whether any other section, subsection, sentence, clause, portion, or phrase of the Ordinance would be subsequently declared invalid or -unconstitutional. PASSED, APPROVED AND ADOPTED this day of '1999. Mayor I, Lynda Burgess, the City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar California, held on the day of , 1999, and was finally passed at a regular meeting of the City Council of the City of Diamond Bar, held on the day of , 1999, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: LYNDA BURGESS, City Clerk City of Diamond Bar 8 CIVIL CITATION PROCEDURES APPENDIX II OCTOBER 1999 CIVIL FINES AND PENALTIES RESOLUTION (#99 -XX) RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING PENALTIES FOR CERTAIN VIOLATIONS OF THE CITY OF DIAMOND BAR MUNICIPAL CODE WHEREAS, on *****, the City Council of the City of Diamond Bar adopted an Ordinance establishing administrative procedures and penalties for certain violations of the City of Diamond Bar Municipal Code; and WHEREAS, said Ordinance provides for a fine to be imposed and paid by a person issued a citation for a particular violation of the City of Diamond Bar Municipal Code in an amount set forth in the Schedule of Fines and Penalties established by Resolution of the City Council; and WHEREAS, a Schedule of Fines and Penalties has been prepared which indicates the amount of the fine for first, second, and third offenses. NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND DECLARED BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, AS FOLLOWS: That the Diamond Bar City Council hereby approves the Schedule -of Fines and Penalties for any violation of the City of Diamond Bar Municipal Code attached to this Resolution, identified as "Schedule I". PASSED, APPROVED AND ADOPTED this day of '1999. Mayor I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 1999, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: Lynda Burgess, City Clerk City of Diamond Bar SCHEDULE 1 FINES AND PENALTIES FOR MUNICIPAL CODE VIOLATIONS 1. Violation of Municipal Code $100 - First Violation $200 - Second Violation of the same code provision within one year. $500 - Third Violation and additional violations of the same code provision within one year of the first violation. 2. Violation of Misdemeanors The fine for violating a misdemeanor under the Municipal Code shall not exceed the fine imposed for misdemeanors. 3. Late Payment Penalties (a) Delinquent days for payment and the prescribed penalty assessed: * No. of Days Delinquent *Late Payment Penalty Assessed 31-60 Days 25% x Fine = Total Penalty Due 61-90 Days 50% More Than 90 Days 100% 4. Application for Administration Hearing Fee (a) A $25.00 non-refundable Application Fee must be paid at the time of requesting an Administrative Hearing, unless the City has granted a Hardship Waiver. CIVIL CITATION PROCEDURES SAWLE CIVIL CITATION OCTOBER 1999 Date City of Diamond Bar Civil Citation For Municipal Code Violations (Chapter 1.04 D.B.M.C.) Time: Name of Citee: D.L. or I.D. of Citee: Location of Violation(s): Date of Violation: Time of Violation: Issued as a Citation: Issued Via: Personal Service Posting Location First Class Mail Code Section(s) Violated: Description of Violation(s): 1" Offense _: 2" Offense _; 3d and Additional _ Amount of Fine: Name of Officer: I Have Received this Citation in Person Signature of Citee: THE LAW REQUIRES YOU TO TAKE THE FOLLOWING STEPS TO EITHER: (1) Comply with this citation, or (2) Contest the violation(s) charged. (1) TO COMPLY: a. Correct the violation(s) immediately and pay the fine within 30 days of the date of this citation or be subject to a late payment penalty. You may also be cited for additional violations for each day the condition(s) exists after 30 days from the date of this citation. (In the case of violations of the Building. Plumbing or Electrical Codes, an adrmnistrative citation shall not be issued until after the Responsible Person has been provided notice and a reasonable opportunity to correct the violation, and has failed to do so.) Fine amounts not received within the following 30 days will be subject to a late payment penalty. You may also be cited for additional violations for each day the condition(s) exists after 30 days from the date of this citation. You may file a request for an extension of the correction period with the *T City Department responsible for the administration of Code Enforcement (21660 E. Copley Drive, Ste. 190. Diamond Bar. CA 91765). Requests will be granted only in unusual circumstances, where fully justified. 2). TO CONTEST: a. Administrative Hearing - You may request an Administrative Hearing to contest that the Municipal Code section(s) referred to was either not violated, was corrected within the period provided, or that you are not a responsible person for the violation(s). You must obtain an Administrative Hearing Request form from the Department and file it with the Department within 30 days of this citation. (For filing instructions, please contact Code Enforcement at (909) 396-5676). IMPORTANT: You must also DEPOSIT THE AMOUNT OF THE FINE with the City of Diamond Bar when you file your request for a hearing. You may file with the City a request for a waiver of the deposit, on a form provided by the City, by proving inability to pay. You will be notified of the time, date and place of your hearing when you file your form with the City. b. The Hearing Officer's decision will either be given to you at the end of the hearing or mailed to you within 30 days of the hearing. If the Hearing Officer finds that you did not commit the code violation(s), you corrected -it within the time provided, or you are not the responsible person for the violation(s), the fine deposit will be returned to you within 30 days of the decision. If the Hearing Officer finds that you owe the fine for the Municipal Code violation(s), the fine will be retained by the City. c. If the Hearing Officer finds that you owe the fine for the Municipal Code violation(s) and you are not satisfied with the decision, you may file an appeal with the municipal court within 20 days of being notified of the hearing results. IMPORTANT: Payment of all fines must be made to the City of Diamond Bar. The violation(s) of the Diamond Bar Municipal Code Section charged in this citation constitutes a nuisance. Unpaid fines and other costs of abatement may be collected by the City by an assessment and/or lien against your property pursuant to Government Code Sections 38773.1 and 38773.5 and Diamond Bar Municipal Code Chapter 1.04. Unpaid assessments can result in the property being sold after three years by the County Tax Collector. Assessments and liens for the fine can be contested at a separate administrative hearing. A full description of the procedure for the City's administrative hearings on Municipal Code violations and your rights in that process is found in Diamond Bar Municipal Code Section 1.04. For further information about this civil citation/notice, please contact Code Enforcement at (909) 396- 5676. CIVIL CITATION PROCEDURES APPENDIX N OCTOBER 1999 ADMINISTRATIVE CITATION HEARING FINE DEPOSIT HARDSHIP WAIVER REQUEST CITY OF DIAMOND BAR ADMINISTRATIVE CITATION HEARING FINE DEPOSIT HARDSHIP WAIVER REQUEST must be hied with the Develmment bervices Name of Citee: of the t,itauon Late Citation Number(s): Date of Citation/Notice: Social Security Number: Phone No./Fax No.: Location of Violation: Mailing Address: Date Request Received (For City Use Only): Date Results Transmitted: I hereby request a waiver of the fine deposit on my civil citation for the following reasons (if you need more room attach another page): Please provide copies of documents verifying sources or income (documents may include social security, general assistance, AFDC, ctirrent paycheck, etc.). Persons supported: I declare under penalty of perjury that the ❑ Self foregoing statement and information ❑ Spouse provided by me is true and correct. ❑ Other Signature: Total Date: Deposit Waiver ❑ Granted ❑ Denied Comments: Hearing Officer's Authorization: Date: CIVIL CITATION PROCEDURES APPENDIX V OCTOBER 1999 CIVIL CITATION ADMINISTRATIVE HEARING REQUEST CITY OF DIAMOND BAR - f CIVIL CITATION ADMINISTRATIVE HEARING REQUEST xequest must oe nlea with the Ueveimment bervices Vetiartment within 3U days of the C 7tation Date Name of Citee: Citation Number(s): Date of Citation/Notice: Social Security Number: Phone No./Fax No.: Location of Violation: Mailing Address: Date Request Received: Date Results Transmitted: I hereby request an administrative hearing on my civil citation for the following reasons (if you need more room attach another page): ❑ Administrative Hearing Granted Date of Hearing: Location: ❑ Administrative Hearing Denied Comments: Time: Hearing Officer's Authorization: Date: You may provide evidence for review and consideration by the Hearing Officer in the Administrative Hearing both in writing sent to the City prior to the Hearing or orally at the time of the Hearing. r CIVIL CITATION PROCEDURES APPENDIX VI OCTOBER 1999 CIVIL CITATION ADMINISTRATIVE HEARING DISPOSITION CITY OF DIAMOND BAR CIVIL CITATION ADMINISTRATIVE HEARING DISPOSITION Name of Citee: Citation Number(s): Date of Citation/Notice: Social Security Number: Phone No./Fax No.: Location of Violation: Mailing Address: Date of Hearing: D Time of Hearing: Location of Hearing: DISPOSITION OF HEARING: ❑ Citation Upheld: The previously deposited fine amount will be forfeited. If the City waived the deposit requirement due to hardship, the fine is now due and payable. OR ❑ Citation Dismissed: If you paid an advance deposit, a refund check will be mailed to you in 4-6 weeks. The following sections were dismissed: Comments: If there is a fine balance due, your payment schedule is as follows: Number of Payments Amount of Each Payment Beginning on (Date) Ending on (Date) Hearing Officer's Authorization Date: CIVIL CITATION PROCEDURES APPENDIX VII ADMINISTRATION CITATION SCHEDULE OCTOBER 1999 Code Section e 8.12.1660 Prohibited activities regarding the dumping of any type of $100 $200 $500 chemical, substance, hazardous waste or non - permitted runoff into the City's storm drain. 10.20.010 Illegal storage of abandoned, wrecked, dismantled $100 $200 $500 or inoperative vehicles or parts on private or public property. 15.00.120 Violation of the Uniform Administrative Code. $100 $200 $500 15.00.1330 Inadequate swimming I tencin . $100 $200 $500 15.00.2020 Discarded trash, refuse, debris, trash storage receptacles, $100 $200 $500 materialsappliances, equipment in a single-family front yard. 15.00.2030 Motor vehicles, including recreational vehicles, must be $100 $200 $500 ,parked on a paved parking area to meet single-family standards. 15.00.2040 Buildings, structures & paved areas may not display $100 $200 $500 evidence of exterior dilapidated conditions (Single -Family Standards). 15.00.2050 Single-family landscaped areas must be kept in a neat $100 $200 $500 and clean condition and free of debris. 15.00.2060 Fences and walls must be kept in good structural condition $100 $200 $500 (Single—Family Standards). 15.00.2220 Discarded trash, refuse, debris, trash storage receptacles, $100 $200 $500 materials, appliances, equipment in a multi -family front yard. 15.00.2230 No storage of materials restricting the parking of a motor $100 $200 $500 vehicle on a multifamily lot. 15.00.2240 Motor vehicles, including recreational vehicles, must be parked $100 $200 $500 on a paved parking area to meet multifamily standards. 15.00.2250 Buildings, structures & paved areas may not display $100 $200 $500 evidence of exterior dilapidated conditions (Multifamily Standards). 15.00.2260 Multifamily landscaped areas must be kept in a neat and $100 $200 $500 clean condition and free of debris. 15.00.2270 Fences and walls must be kept in good structural condition $100 $200 $500 (Multifamily Standards). 15.00.2280 All parking, loading, storage & driving areas shall be free of $100— $200 $500 trash debris & rubba a(Multifamily Standards). 15.00.2420 All storage within front and side yard areas shall be $100 $200 $500 maintained in a neat and orderly fashion (Commercial Standards). 15.00.2430 Motor vehicles, including recreational vehicles, must be parked $100 $200 $500 on a paved parking area to meet Commercial Standards. F1 5.00.2440 Buildings, structures & paved areas may not display $100 $200 $500 evidence of exterior dilapidated conditions (Commercial Standards). 15.00.2450 Commercial landscaped areas must be kept in a neat and $100 $200 $500 clean condition and free of debris. 15.00.2460 Fences and walls must be kept in good structural condition $100 $200 $500 Commercial Standards). 15.00.2470 All commercial parking, loading and storage areas must be $100 $200 $500 kept free of trash, debris, free of poth6les, standing water and cracks. 15.00.2620 All industrial storage areas must be maintained in a neat and $100 $200 $500 orderly fashion and contain only items and Jor vehicles incidental to the business. 15.00.2630 All parking of motor vehicles on an industrial lot must occur $100 $200 $500 upon a paved area. 15.00.2640 Buildings, strictures & paved areas may not display $100 $200 $500 evidence of exterior dilapidated conditions (Industrial Standards . 15.00.2650 Industrial landscaped areas must be kept In a neat and $100 $200 $500 dean condition and free of debris. 15.00.2660 Fences and walls must be kept in good structural condition $100 $200 $500 Industrial Standards). 15.00.2670 All industrial parking, loading, storage & driving areas shall be $100 $200 $500 kept free of trash, debris, free of potholes, standing water and cracks. 15.04.020 Si s erected without a valid permit 100 $200 $500 15.04.080 Postina of prohibited si ns $100 $200 $500 22.42.030 Keeping of animals contrary to the provisions in the $100 $200 $500 Municipal Code AGENDA NO. 8.1 NO DOCUMENTATION AVAILABLE AGENDA NO. 8.2 NO DOCUMENTATION AVAILABLE CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO.: T. TO: Honorable Mayor and Members of the City Council MEETING DATE: October 19, 1999 REPORT DATE: October 13, 1999 FROM: Terrence L. Belanger, City Manager TITLE: Area 1 Slurry Seal — Change Order #1 SUMMARY: The Area 1 Slurry Seal Project is currently in progress and is anticipated to continue until November 24, 1999. Within this same time frame, most of the Gateway Corporate Center will be completed with Travellers Group and Allstate Insurance ready for their Grand Opening. Although scheduled for Area 2 Slurry Seal, there are tremendous cost savings and unique opportunity to slurry seal the Gateway Corporate Center in concurrence with the Area 1 Slurry Seal Project. For Area 1 Slurry Seal Project, the City had undergone a competitive bid process to retain Asphalt Maintenance Co. and they have the lowest unit price for slurry seal. Asphalt Maintenance Co. has proposed the same unit price for the requested work. The change order amount of $37,406 represents 7% of the total contract amount and is within the allowable 25% of the contract price. RECOMMENDATION: That the City Council authorize the City Manager to approve Change Order #1 with Asphalt Maintenance Co. in an amount not -to -exceed $37,406.00. LIST OF ATTACHMENTS: X Staff Report Public Hearing Notification `Resolution(s) _ Other: x Project Change Order SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed x Yes _ No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? N/A _ Yes _ No 4. Has the report been reviewed by a Commission? N/A _ Yes _ No Which Commission? 5. Are other departments affected by the report? _ Yes x No REVIEWED BY: T rrence L. Be er es DeStefa avid G. Liu City Manager Deputy City M nager Deputy Director of Public Works CITY COUNCIL REPORT AGENDA NO. MEETING DATE: October 19, 1999 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Area 1 Slurry Seal — Change Order #1 ISSUE STATEMENT To incorporate the Gateway Corporate Center area into the Area 1 Slurry Seal Project. RECOMMENDATION That the City Council authorize the City Manager to approve Change Order #I with Asphalt Maintenance Co. in an amount not -to -exceed $37,406.00. FINANCIAL SUMMARY Originally $700,000.00 was allocated from Gas Tax funds. The change order request is subject to approval by the City Council; however, an advance reimbursement agreement will be processed at a later date for the requested amount of $37,406.00. This amount will be allocated by the Redevelopment Agency for the additional quantity of work within the redevelopment area. BACKGROUNDIDISCUSSION The Area 1 Slurry Seal Project is currently in progress and is anticipated to continue until November 24, 1999. Within this same time frame, most of the Gateway Corporate Center will be completed with Travellers Group and Allstate Insurance ready for their Grand Opening. Although scheduled for Area 2 Slurry Seal, there are tremendous cost savings and unique opportunity to slurry seal the Gateway Corporate Center in concurrence with the Area 1 Slurry Seal Project. For Area 1 Slurry Seal Project, the City had undergone a competitive bid process to retain Asphalt Maintenance Co. and they have the lowest unit price for slurry seal. Asphalt Maintenance Co. has proposed the same unit price for the requested work. The change order amount of $37,406 represents 7% of the total contract amount and is within the allowable 25% of the contract price. Work required will be to slurry seal and restripe Copley Drive, Gateway Center Drive, Bridge Gate Drive and Valley Vista Drive. This work will be completed in two days, over 1 weekend. The contractor will notify all businesses and post additional signs. Prepared bv: David G. Liu/Rose Manela CITY OF DIAMOND BAR DEPARTMENT OF PUBLIC WORKS 21660 E. Copley Drive, Suite 190 Diamond Bar, CA 917GS-4177 C O N T R A C T C H A N G E O R D E R CHANGE ORDER NO. 1 DATE 10-14-99 ORIGINATED BY R. Manela THIS CHANGE ORDER IS APPLICABLE TO: PROJECT NO. 01499 PROJECT TITLE Slurry Seal Area One NOTICE TO PROCEED SCHEDULED COMPLETION DATE CONTRACTOR Asphalt Maintenance Co. 13093 Shady Knoll Chino Hills, CA 91709 TOTAL OF CONTRACT PRIOR TO THIS CHANGE ORDER $ 535,603.53 CONTRACTOR IS AUTHORIZED TO MAKE THE FOLLOWING CHANGES: Add Slurry Seal and Striping of Gateway Corporate Center �� A7TAG52� THE AMOUNT OF THE CONTRACT WILL BE INCREASEBY THE SUM OF $ 37,406.00 ------------------------------- =------ THE CONTRACT PERIOD WILL BE CONTRACT TOTAL INCL. THIS INCREASED 2 DAYS CHANGE ORDER $ 573,009.53 REVIEWED BY INITIAL DATE PROJECT ENGINEER CITY ENGINEER APPROVED BY CONTRACTOR CITY MANAGER DATE ASPHALT MAINTENANCE CO. 13893 SHADYKNOLL LANE CHINO HILLS, CA 91709 LICENSE #610610 C-32 (909)627-9363 JOB NAME/DESCRIPTION: COPLEY DRIVE, GATEWAY DRIVE BRIDGE GATE DRIVE & VALLEY VISTA DRIVE LOCATION: CITY OF DIAMOND BAR AREA ESTIMATED: 484 730 SF TONS ESTIMATED: 400 ELT TYPE II SLURRY SEAL PRICE: 400 ELT 0. $73 39/ELT + STRIPING 6i $8,050.00 = $37,406.00 INCLUDES: POSTING, NOTIFYING, SWEEPING, WEEKEND WORK QUOTE GIVEN TO: CITY OF DIAMOND BAR 21660 E. COPLEY DRIVE, SUITE 100 DIAMOND BAR, CA 91765 ATTN: DAVID LIU RESPECTFULLY SUBMITTED, 000, L E STONE -MANAGER DRIVE 23 ' FREEWAY GOLDEN v 2 OpLEY 22 ' \•. 5 21 �. t 20 - --- i - � O 18 \. 01 QI 17 10 % 16 11 1 15 i 9 / a 12 ; -�, 14 ` N m 0 N 1 v v m N O 8 c alll lllii� EXHIBIT 2 cn c c o Y O U _ cu O N co N O 0 'C o m o aEi 9 m c m E E c O a (n E 3 a � a m m a o0 3 M o Q n E c c o E 0) c U) c E t a� c o ' Y C ti O O O O O c c0 O N c0 Cn E L Q O C 0 cn Q) °c ° m a ro E c E a) o " y -a 0 a) 0° 1�1 m a E o ro ro 0 a ° o c> o ai o E ro a c U coCc o O ro .i E E E o m .a ° C a o m- Co m 0° °' o a � 0 `n >. o O Ncn ?' 7> ` y vUi N-0 0 N (n Y N O O p a ~w N O0) L C ,? .0 Q U O N 5 u a3i � c6 .0 co o-0 >, �- O g o Q o 0 c U c n c) 3 a@ E} Oo c`4i do � a o 0) a(D) ro E £ o v c c o E - 0 O O O ° m n O O Ucn ¢ U ro Q LZ LD O N N E -00 N c v c c0 E E')° 0) `o ° m cn > 3 o 0 ro o m o s a g o o 3 m � c ocn o Q in a 6) ■ 6 ■ ■ � v a .� > Z, > v .~i o s. ri tA o iii v O:i orJ lr v to a p v t0 v O CU W v 0 o4 o o C ty G oq v o � by •^ O °J ❑ - «" c0 > > c Yc.� a vw v V o v'q > y.� a O 47- .0 0 b4 O Q% uj b td 'i�r •--� ..(rr� .i i O O � v Y a O C C u pq y p a v a o v > [ a a o .v �0 a `� °o v v° a, v .� ° O G N O v; b O C y [ [ \ o > 6ui cn c c o Y O U _ cu O N co N O 0 'C o m o aEi 9 m c m E E c O a (n E 3 a � a m m a o0 3 M o Q n E c c o E 0) c U) c E t a� c o ' Y C ti O O O O O c c0 O N c0 Cn E L Q O C 0 cn Q) °c ° m a ro E c E a) o " y -a 0 a) 0° 1�1 m a E o ro ro 0 a ° o c> o ai o E ro a c U coCc o O ro .i E E E o m .a ° C a o m- Co m 0° °' o a � 0 `n >. o O Ncn ?' 7> ` y vUi N-0 0 N (n Y N O O p a ~w N O0) L C ,? .0 Q U O N 5 u a3i � c6 .0 co o-0 >, �- O g o Q o 0 c U c n c) 3 a@ E} Oo c`4i do � a o 0) a(D) ro E £ o v c c o E - 0 O O O ° m n O O Ucn ¢ U ro Q LZ LD O N N E -00 N c v c c0 E E')° 0) `o ° m cn > 3 o 0 ro o m o s a g o o 3 m � c ocn o Q in a 6) ■ 6 ■ ■ CITY OF DIAMOND BAR AGENDA REPORT AGENDA N0. TO: Honorable Mayor and Members of the City Council MEETING DATE: October 19, 1999 REPORT DATE: October 14,1999 FROM: Terrence L Belanger, City Manager TITLE: Increase in CDBG Public Service Allocations SUMMARY: In January 1999, the City Council approved the 1999-2000 funding allocations for the Community Development Block Grant (CDBG) Program. The City was limited to 15% of the total allocation for public service projects or $55,929. Due to the limitation, the City could not fund a majority of the public service projects. The City funded the Senior Program at $34,429 of the requested $51,594. In August 1999, the City was informed of the authorization to allocate up to 25% of the total allocation for Public Service programs. The City has unallocated CDBG funds that can be allocated to the Senior Program. RECOMMENDATION: It is recommended that the City Council adopt Resolution 99-02A "A Resolution of the City Council of the City of Diamond Bar Amending the City's Community Development Block Grant Program for Fiscal Year 1999-2000" and authorize the City Manager to sign all necessary documents. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification X Resolution(s) _ Bid Specification (in City Clerk's office) _ Ordinance(s) _ Other: _ Agreement(s) SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been X Yes —No reviewed by the City Attorney? 2. Does the report require a majority vote? X Yes _ No 3. Has environmental impact been assessed? NIA —Yes _ No 4. Has the report been reviewed by a Commission? NIA —Yes _ No 5. Are other departments affected by the report? N/A _ Yes _ No REVIEWED BY: Terrence L. Belan City Manager 11 G�"_� Kellee A. Fritzal Assistant to City Manager OITY OOUNOIL REPORT MEETING DATE: October 19, 1999 Agenda No. TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Increase in CDBG Public Service Allocations ISSUE STATEMENT Should the City Council approve an increase in CDBG funding for the Senior Program? RECOMMENDATION It is recommended that the City Council adopt Resolution 99-02A "A Resolution of the City Council of the City of Diamond Bar Amending the City's Community Development Block Grant Program for Fiscal Year 1999-2000" and authorize the City Manager to sign all necessary documents. FINANCIAL SUMMARY Approval of the increase in CDBG funding for the Senior Program does not affect the General Fund budget. CDBG Funds are reimbursed by the Community Development Commission. I.1_TIiXCI219111�L7 During the 1999-2000 CDBG allocation process, the City was limited to funding only 15% towards public service projects. Due to the Los Angeles Riots, there was a five (5) year exception to the 15% public service cap, increasing it to 25%. The 25% public service cap exception reached the sunset clause in Fiscal Year 1997-98. The Federal Government authorized the Greater Los Angeles Area to utilize a 25% Public Service Cap for the 1999-2000 year. The additional Public Service Cap must be expended by June 30, 2000. Local cities and the County of Los Angeles lobbied to create the permanent retention of the 25% public service cap. This year's extension is one step towards that goal. As part of the 1999-2000 Request for Proposals, the City received public service requests totaling $107,109. The City funded $55,929. The projects funded were: YMCA Childcare - $15,000; YMCA Day Camp - $ 6,500; Senior Program - $34,429. (The Senior Program had requested $51,594.) The City has the ability to allocate an additional $37,286 to public service projects. The additional funding would be from the City's unallocated CDBG monies. The unallocated CDBG monies are from projects that have been completed, but did not expend the entire CDBG budget. It is recommended that the Senior Program be allocated an additional $7,521. The original allocation only allowed the funding of the Community Service Coordinator. The City requires all senior groups that meet at Heritage Park Community Center to provide insurance. Over the past several years, CDBG funds have been used to pay for the required insurance. The additional $7,500 would be used for: Insurance - $3,000; Truck Rental- $800;Special Events - $3,721 for a total of $7,521. Special events include the New Year's Eve Party, Bingo supplies, craft classes and various special events. RESOLUTION 99- 021%, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR FISCAL YEAR 1999-2000 WHEREAS, on August 22, 1974, the President of the United States signed into law the Housing and Community Development Act of 1974 (Act); and WHEREAS, the primary goals of Title I of the Act are the development of viable urban communities by providing decent housing and a suitable living environment, and expanding economic opportunities, principally for persons of low and moderate income; and WHEREAS, the City of Diamond Bar has received notification of the availability of $372,858 in federal Community Development Block Grant (CDBG) funds to further the attainment of these goals during Fiscal Year 1999-2000; and WHEREAS, the City has $67,050 in CDBG funds from previous fiscal years that need to be allocated to specific projects/programs; and WHEREAS, suggestions have been requested from residents, community organizations, and City Departments for the utilization of these funds; and WHEREAS, the City has published information regarding eligible activities under the Act and met with all interested groups and conducted a public hearing to solicit comments and suggestions from the community for the utilization of these funds. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar as follows: Section 1. The funding allocation for the 1999-2000 CDBG Program year shall be: Public Service $63,450 City Senior Program $41,950 YMCA Childcare $15,000 YMCA Day Camp $ 6,500 Administration $37,285 Public Works $309,408 ADA Access Ramps $ 81,908 ADA Park Retrofit $ 20,000 DBIA Paint the Town $ 7,500 Senior/Community Center $200,000 Section 2. That the City Manager is authorized and directed to submit the City's final Cost Summary for Fiscal Year 1999-2000 to the County of Los Angeles, reflecting the funding allocations set forth herein. Should the City's final allocation vary by more than twenty-five percent (25%) from the figures contained herein, the City Manager is authorized to allocate the additional funds to eligible activities. Section 3. That the City Manager is authorized to execute the contractual and related documents to be prepared by the County of Los Angeles that are required for the implementation of the projects/programs set forth herein. Section 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED, AND ADOPTED this th day of 1999. Mayor I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, California do hereby certify that the foregoing Resolution Number 99- was duly and regularly passed and adopted by the City Council of the City of Diamond Bar, California, at its adjourned regular meeting held on the day of , 1999, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Lynda Burgess, City Clerk City of Diamond Bar, California U - - MEMORANDUM TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manage RE: Allocation of Contributions by Property Owners for Costs of the Minnequa Remediation Project DATE: October 19, 1999 RECOMMENDATION It is recommended that the City Council approve the allocation of contributions by property owners and authorize the City Manager to sign all necessary documents. DISCUSSION Last February, 1998, the heavy rainfall which occurred during the El Nino condition, caused a landslide of approximately 60 feet wide by 70 feet long in a residential area, causing five (5) homes to be damaged and yellow -tagged by the Building Official. The City Council approved and authorized the allocation of CDBG funds for the investigation and remediation of the Minnequa Landslide. The City retained Kleinfelder, Inc. for the geotechnical investigation/engineering services. Kleinfelder has prepared plans and specifications to remediate the project. The project was advertised and four bids were received on August 23, 1999. The lowest responsible bid from Summit Contracting was $150,000. The City has allocated $50,000 towards the remediation/construction project, which leaves $100,000 to be contributed by the five (5) homeowners. The homeowners have worked with an independent mediator from the Claremont Dispute Resolution Center and have come to an agreement on the contributions. The City Attorney is developing an Agreement for the homeowners to sign, which will memorialize the contribution/fair share as agreed upon by all homeowners. An additional hold harmless agreement will also be necessary, prior to the commencement of the construction. Report Prepared by: Kellee A. Fritzal CITY OF DIAMOND BAR AGENDA REPORT AGENDA N0. ,5 TO: Honorable Mayor and Members of the City Council MEETING DATE: October 19, 1999 REPORT DATE: October 15, 1999 FROM: Terrence L. Belanger, City Manager TITLE: Award of Construction Contract for the Remediation of the Minnequa Landslide Project SUMMARY: On July 30, 1999, the plans and specifications for the Remediation of the Minnequa Landslide Project was advertised and sent to nine (9) hillside contractors. Four (4) bids were submitted and opened on August 23, 1999. The apparent low bidder is Summit Contracting. Based upon related construction projects and past history, Summit Contracting is a qualified hillside remediation firm. RECOMMENDATION: That the City Council receive the bids and award the construction contract to Summit Contracting for the Remediation of the Minnequa Landslide Project in an amount not to exceed $150,000. Furthermore, it is recommended that the Council authorize a contingency amount of $10,000 for project change orders to be approved by the City Manager, for a total authorization amount of $160,000, LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification _ Resolution(s) —Bid Specification _ Ordinance(s) X Other: Summit Proposal X Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1, Has the resolution, ordinance or agreement been N/A Yes No reviewed by the City Attorney? _ _ 2. Does the report require a majority vote? X Yes No 3. Has environmental impact been assessed? X Yes _ No 4. Has the report been reviewed by a Commission? N/A Yes _ No Which Commission? _ 5. Are other departments affected by the report? X Yes No Report discussed with the following affected departments: City Manager's KLVILWLU BY: Terrence L. Bela g r City Manager Jim DeStefano Deputy City Mana er 4DaidG. Liu Deputy Director of Public Works CITY COUNCIL REPORT AGENDA NO. MEETING DATE: October 19, 1999 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Award of Construction Contract for the Remediation of the Minnequa Landslide Project ISSUE STATEMENT: To award the construction contract for the Remediation of the Minnequa Landslide Project. RECOMMENDATION: That the City Council receive the bids and award the construction contract to Summit Contracting for the Remediation of the Minnequa Landslide Project in an amount not to exceed $150,000. Furthermore, it is recommended that the Council authorize a contingency amount of $10,000 for project change orders to be approved by the City Manager, for a total authorization amount of $160,000. FINANCIAL SUMMARY: The Minnequa Landslide Project is estimated to cost $150,000. The funding sources, as budgeted, are as follows: CDBG $ 50,000 Homeowners $100,000 The City Attorney is developing an Agreement, which will memorialize the homeowner's contribution. The City will receive the money, prior to the beginning of construction. The Agreement will include a funding mechanism by the homeowners for the contingency amount of $10,000. BACKGROUND/DISCUSSION: In February of 1998, the heavy rainfall which occurred during the EI Nino condition, caused a landslide of approximately 60 feet wide by 70 feet long in a residential area, causing five (5) homes to be damaged and yellow -tagged by the Building Official. Two of the homes were located on Minnequa Drive and three homes on Sunset Crossing Road. The City determined that the landslide was an immediate health and safety situation. On October 20, 1998, the City Council approved the funding of the Minnequa Landslide Project, pursuant to Community Development Block Grant (CDBG) regulations for Interim Assistance. The project was approached in a three-phase effort. Phase I was the retention of a geotechnical investigation/engineering company to investigate the cause and extent of the slide and to develop alternatives for the repair of the landslide. The City retained Kleinfelder, Inc. for the geotechnical investigation/engineering services on November 3, 1998. The City met with all homeowner's over the last year to discuss the findings of the investigation and review the construction remeidation alternatives. The City Council appointed a sub -committee of Mayor Pro Tem O'Connor and Councilmember Ansari to assist in the timely completion of the project. In Phase ll, Kleinfelder prepared plans and specifications to remediate the project. A pre-bid job walk was conducted on July 18, 1999 with three firms attending. On July 30, 1999, the plans and specifications for the Remediation of the Minnequa Landslide Project was advertised and sent to nine (9) hillside contractors. Four (4) bids were submitted and opened on August 23, 1999. The apparent low bidder is Summit Contracting for $150,000. Based upon related construction projects and past history, Summit Contracting is a qualified hillside remediation firm. To date, the City has expended $33,811 for the phase I and II effort. Staff will be recommending that Kleinfelder be retained for Phase III inspection at the next City Council meeting. Based upon the original allocation of $110,000, there is a remaining $76,189. The City will need to retain an inspector for the project; it is estimated that the cost would range to $25,000. The City has determined that there is $50,000 available for the construction or phase III of the project. The remaining $100,000 will be contributed by the homeowners (See Report A). The City Attorney's office is preparing an Agreement, which will provide for the money to be contributed to the City and a Hold Harmless Agreement. All homeowners prior to the commencement of the construction, must sign these Agreements. The bids received were as follows: 1. Summit Contracting $150,000 2. AG Alviso Construction $168,000 3. Mellon Grading Inc. $215,589 4. L.T. Excavating Inc. $348,500 The tentative schedule for the project is as follows: Award of Construction Contract October 19, 1999 Notice to Proceed November 1, 1999 End of Construction* January 31, 2000 Based upon a 90 -day construction period. The Contractor has informed the City that the project can be complete in 60 days under favorable conditions. Attachments Report Prepared by: Kellee A. Fritzal -2- SUMMIT CONTRACTI NG August 23, 1999 Office of the City Clerk City of Diamond Bar 21660 East Copley Drive, Suite 100 Diamond Bar, CA 91765 Re: Minnequa Remediation and Stabilization Project (Sealed Bid) To Whom It May Concern: Summit Contracting proposes to furnish all necessary labor, tools, materials, appliances, and equipment for and to do the work for The Minnequa Remediation and Stabilization Project in the City of Diamond Bar. The work shall be performed in accordance with the plans and specifications dated August 6, 1999 on file in the office of the City Clerk and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Engineer. The following work shall be included within the proposal: 1. Earthwork to include 3,074 cubic yards of cut, 3,935 cubic yards of fill, 861 cubic yards of imported material (Per Option #4 as discussed in Supplemental Geotechnical Investigation Report dated July 28, 1999). I Construct Terrace Drains (Approximately 250 linear feet). 3. Construct subdrains w/ 4" outlet @ 50' on center (2 locations per plan). Specific exclusions shall include but not be limited to: Engineering, permits, testing and inspection costs, relocation or protection of existing utilities, surveying, as -built drawings, responsibility or handling of any kind for hazardous waste or materials. Summit Contracting shall perform the above listed work for the Lump Sum price of ONE HUNDRED FIFTY THOUSAND DOLLARS AND 00/00 CTS. ($150,000.00). Volume of imported material required in excess of 861 cubic yards to be paid at the rate of $15.00 per cubic yard. Sincerely, Webs . Wiley III President 1824 Flower Avenue Duarte California 91010 - Voice (626) 357-9211 • Data: (626) 357-1066 • State Contractor's License #A607397 AGREEMENT The following agreement is made and entered into, in duplicate, as of the date executed by the Mayor and attested to by the City Clerk, by and between Summit Contracting hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY." WHEREAS, pursuant to Notice Inviting Sealed Bids or -Proposals, bids were received, publicly opened, and declared on the date specified in the notice; and WHEREAS, City did accept the bid.of CONTRACTOR and; WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the _Mi nnP Ttja RemPd i at ion- and Rtahi 1 i Tat i nn Prn!,i-_n,t in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Minnequa Remediation and Stabilization Proiect in the City of Dimond Bar.- The work -to be performed in accordance with the plans and specifications, dated 'Aug. 5, 99(The Plans and Specifications) on file in the office of the City Clerk and in accordance with bid prices hereinafter mentioned and in accordance.with the instructions of the City Engineer. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The Plans and Specifications are incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The Plans and Specifications, CONTRACTOR'S Proposal dated August 23 , 1999, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the I contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 3. TERMS OF CONTRACT Since this is a Federally assisted construction project, Davis -Bacon will be enforced, and if the state and Federal wage rates are applicable, then the higher of the two will be used, The Federal Labor Standards provisions (Form -HUD -4010)' and the Federal Rage Determination are attached and made part of this agreement, and compliance will be enforced. Any prime contractor or subcontractor working on a Federally assisted project must be eligible to participate. Any agreement must contain the same Federal language. The CONTRACTOR agrees to complete the work within cam_ calendar days from the date of the notice to proceed. The CONTRACTOR agrees further to the assessment of liquidated damages in the amount of five hundred ($500.00) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the CONTRACTOR under this agreement. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insdrance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the CONTRACTOR or any sub- contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. - 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) CONTRACTOR'S Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. c. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is admitted to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and 3 any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in form satisfactory to the City. ' d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice, thereof given to City by registered mail. e. The CONTRACTOR shall, within ten (10) days from the date of the notice of award of the Contract, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other Provisions required herein. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 4 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holi-'ay and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such -determinations to be posted at the job site. The CONTRACTOR shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general pre- vailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. The CONTRACTOR is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other CONTRACTOR'S on the public works site are making such contributions. The CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any sub- contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code 5 of the State of California as amended. The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub - CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or 'permitted to labor more than eight '(8) hours in violation of the Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each workman needed to execute the work. required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees ("Idemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons,.either workmen or employees of the CONTRACTOR, of his subcontractor's or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from.any cause whatsoever. The CONTRACTOR will indemnify Indemnitees against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out. of or in connection with the work, operation, or activities of the CONTRACTOR, his agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City. In connection therewith: a. The CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The CONTRACTOR will promptly pay any judgment rendered against the CONTRACTOR or Indemnitees 6 covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of the CONTRACTOR hereunder, and the CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. C. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against the CONTRACTOR for damages. or other claims arising out of or in connection with the work, operation or activities hereunder, the CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives -all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising our of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. 10. NON-DISCRIMINATION: Pursuant to Labor Code Section 1135, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color or religion of such person. A violation of this.section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the CONTRACTOR for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance 7 with CONTRACTOR'S Proposal dated Aug 23 1,9` 12. ATTORNEY'S FEES: In the event that any action or proceeding is brought by either party to enforce any term of provision of the this agreement, the prevailing party shall recover its reasonable attorney's fees and costs incurred with respect thereto. 13. TERMINATION: This agreement may be terminated by the City, without cause, upon. the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of termination specified in the notice. In the event of such termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. S IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures. State of California "CONTRACTOR'S" License No. A607397 10/14/99 Date Date Date SUMMIT CONTRACTING' 1824 FLOWER AVENUE DUARTE. CA 91010 BY .- .- TITLE CITY OF DIAMOND BAR, CALIFORNIA By: MAYOR ATTEST: By: CITY CLERK CONTRACTOR'S Business Phone (626) 357-9211 Emergency Phone at which CONTRACTOR can be reached at any time (626) 893-3602 APPROVED AS TO FORM: CITY ATTORNEY Date 9 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. XCe TO: Terrence L. Belanger, City Manager MEETING DATE: October 19, 1999 REPORT DATE: October 14, 1999 FROM: Bob Rose, Community Services Director TITLE: Consideration for Vertical Holiday Banners SUMMARY: On August 3, 1999, staff received approval from the City Council to implement a Holiday Banner program where up to 308 banners would be posted adjacent to Diamond Bar shopping centers that Continued on Page 2 RECOMMENDED ACTION: It is recommended that the City Council provide direction to staff regarding the Holiday Banner program. Options include: 1. Proceed with posting 48 banners adjacent to the 10 shopping centers that have expressed interest in participating in the Holiday Banner program. 2. Post the 48 banners in option #1, plus an additional 31 banners to "balance" the look of the banner locations. 3. Post the 48 banners in option #1, plus an additional 100 banners to achieve a greater visual impact. 4. Cancel the Holiday Banner program due to limited participation. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification _ Resolution(s) _ Bid Specifications (on file in City Clerk's office) _ Ordinance(s) X Other: Minutes from 8/3/99 City Council _ Agreement(s) Meeting 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. Belange James DeStefanol Bob Rose City Manager Deputy City Manager Community Services Director City Council Report Meeting Date: October 19, 999 Re: Holiday Vertical Banners Page 2 of 2 SUMMARY: continued were willing to split the costs with the City. Ten shopping centers have expressed a willingness to participate, and, if the program is implemented as approved 48 banners would be posted throughout Diamond Bar. This represents just over 15% of the proposed locations for banners. The visual impact that was hoped for from this program will not achieved with only 48 holiday banners posted throughout the City. CITY COUNCIL REPORT MEETING DATE: October 19, 1999 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Holiday Banners Issue Statement There has been a limited response from shopping centers to participate in the Holiday Banner program, This agenda item provides the City Council with the opportunity to determine the direction of the Holiday Banner program. Recommendation it is recommended that the City Council provide direction to staff regarding the Holiday Banner program. Options include: 1. Proceed with posting 48 banners adjacent to the 10 shopping centers that have expressed interest in participating in the Holiday Banner program. 2. Post the 48 banners in option #1, plus an additional 31 banners to "balance" the look of the banner locations. 3. Post the 48 banners in option #1, plus an additional 100 banners to achieve a greater visual impact. 4. Cancel the Holiday Banner program due to limited participation, Financial Summary The City Council has authorized an expenditure of up to $33,900 to fund the Holiday Banner program. Cost to the City for each of the options is as follows: 1. $5,280 2. $12,100 3. $27,280 4. No Cost Note: The cost to the shopping centers for each of the first three options is $5,280. Background At its meeting on August 3, 1999, the City Council approved the concept of posting holiday banners adjacent to shopping centers who agree to split the costs involved between the shopping center and the City. There are 308 street lights adjacent to the shopping centers that could accommodate holiday banners. Ten shopping centers have expressed interest in participating in this banner program. Of these ten shopping centers, there are only 48 street lights adjacent to them that can accommodate banners, just more than 15% of the available street lights. The visual impact that was hoped for from this program will not be achieved with only 48 holiday banners posted throughout the City. City Council Report Holiday Banners Meeting Date: October 19, 1999 Page 2 Discussion Many of the shopping centers in prominent locations of Diamond Bar chose not to participate in this banner program because they already pay to post holiday banners in their parking lots. This includes the K -mart center and two of the shopping centers at the intersection of Grand Avenue and Diamond Bar Blvd. (Ralph's Center and Pic 'N Save Center). Lack of participation by these larger shopping centers will result in an "unbalanced" look. For example, only half of the intersection of Diamond Bar Blvd. and Grand Avenue would have banners and only the east side of Diamond Bar Blvd. between Palomino and Golden Springs would be posted with banners. At this point, there are several options that the City Council may consider: Direct staff to post 48 banners per the action taken at the 813/99 City Council meeting. Cost to shopping centers: $5,280 Cost to City: $5,280 2. Direct staff to post an additional 31 banners to "balance" the look. Cost to shopping centers: $5,280 Cost to City: $12,100 3. Direct staff to post an additional 100 banners to achieve a greater visual impact. Cost to shopping centers $5,280 Cost to City: $27,280 The additional banners would be posted as follows: Golden Springs at Brea Canyon 16 Brea Canyon Road at Golden Springs 10 Golden Springs at Diamond Bar Blvd 12 Diamond Bar Blvd at Golden Springs to 60 fwy 10 Diamond Bar Blvd north of 60 fwy 22 Diamond Bar Blvd at Grand Avenue 14 Grand Avenue at Diamond Bar Blvd 8 Lemon north of 60 fwy 8 Cancel the program due to limited participation Prepared by: Bob Rose Community Services Director AUGUST 3, 1999 PA�� * of shopping centers to participate in this F;, approximately $220 for material, printing p,_ posting, removal, storage and cleaning of t-1 Clyde Hennessee suggested that either strategically throughout the City. He did n: number of banners would be necessary. C/Herrera moved, MPT/O'Connor secondec banners adjacent to the shopping centers witf Posting the banners evenly split between the Cit'y''.'' center, with banners posted only where shoppir;: such financial support. Further, authorized the usE, from the General Fund, or, if found to be eligible E< . Motion carried by the following Roll Call vote - AYES: COUNCIL MEMBERS - Ansan, Herre�3 -, r NOES: MPT/O'Connc:ar COUNCIL MEMBERS - None ABSENT- COUNCIL MEMBERS - None 8.4 /Avend TION OF PROPO D MILLENNIU EVE CELEBRATt-r - of the new milleni has sparked a interest it the y for a City-sponso d celebration o ecember 31 1999. ?gaff loped a concept o aving an event t the intersection of rard D.B. Blvd. Incl ed in the event II be fireworks, ente. inment, ctions, and th markings for a neral good time. Inv vement cal shoppi centers and b nesses at the interse0ion will oe d resident in areas that m be disrupted will bePotified. The total cost for this a nt will not exc d made available $106,500 and thes funds could be selling $150,0 of Proposition A Tr sportation reserves. Ma residents will b seeking close -to -ho a opportunities celebrate th ew millenium d the chance for the ity to conduct t s event is a ce-in-a-lifetime pportunity. C/Ans suggested cor rate co-sponsorship f the event. She aid she recei d positive feed ck from community embers. T/O'Connor s that she also re ived residents. positive c ments from . C/Herrera sported the idea of ho ring this special In resKment se to C/Huff, CSD a stated that /aade ort is b/owever, pon com of funds to sup the event. Staff no a get sp sorship to this point. It is intended as part of the process. AUGUST 3, 1999 PAGE 14 CITY COUNCIL AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, M/Chang NOES: COUNCIL MEMBERS - MPT/O'Connor ABSENT: COUNCIL MEMBERS - None MPT/O'Connor stated her reason for voting "No" on this matter is a result of her objection to allow commercial business parking on residential streets. 8.3 CONSIDERATIO F STREET TREE P GRA/55,025. a) Media ree Planting - to p nt 543 treedscaped medians o B. Blvd. and Grand e. at a cost oFunds are avail a in L.L.M.D. #38. b) Species Replacem Program - to r /ea Canary Isla Pi s, Brisbane Box an acaranda trees a nmajor arteri s rcause of the dama these trees do to a cape, C ary sland Pines will be moved and replac duri5-year p ased program. A varie of flowering trees w' be usreplac ents. Brisbane Box be replaced throng ttrition istan' Laurina and Jacaran trees will be rep ac through an w' ChineseFringe. Tr s that will be plant will all be 24"box.Average nnual cost for th phased 15 -Ian will beappro ately $10,000. First ar cost will incluoval of raisedtree ell covers, removal of p to 30 hazardous and plantire cement trees. Total f' t year cost is expeo be $20,32 C/Huff moved, C/Herr seconded, to conti a the matter u the minutes from the St y Session are more ornplete to de rmine whether all Council uestions have been dressed. Motio carried by the following II Call vote: AYES: OUNCIL MEMBE/-None sari, Herrer, , Huff, PT/O'Con r, M/Chang NOES: COUNCIL MEMBE ABSENT COUNCIL MEMBEne 8.2 CONSIDERATION OF VERTICAL HOLIDAY BANNERS - Council considered installation of holiday banners to create a festive atmosphere for the community during the holiday season. Options being considered include: 1) Posting banners adjacent to shopping centers with financial support from the shopping centers - 308 banners; 2) Posting banners along the full length of D.B. Blvd. - 366 banners; 3) Posting banners adjacent to shopping centers and along the full length of D.B. Blvd. - 500 banners. The City is working with the Chamber of Commerce to determine the interest CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. 7 TO: Terrence L. Belanger, City Manager MEETING DATE: October 19, 1999 REPORT DATE: October 15, 1999 FROM: Bob Rose, Community Services Director TITLE: Consideration of Street Tree Program SUMMARY: There are three species of trees that are currently outgrowing their 3' x 3' tree wells along the Continued on page 2 RECOMMENDED ACTION: Staff recommends that the following actions be approved by the City Council. 1. Direct staff to implement a species replacement program through attrition for the following trees: Existing Tree Replacement Tree Jacaranda Chinese Fringe Brisbane Box Tristania Laurina 2. Direct staff to remove 435 damaged tree well covers at a cost of $11,000. Allocate $11,000 from General Fund reserves to complete this work. Approve the assignment of this work to Charles Abbott Associates and add $11,000 to their Public Works contract for this work. 3. Direct staff to cut 4'x 4' tree wells when necessary to preserve mature Canary Island Pine trees and to limit damage to the adjacent hardscape, Allocate $1,000 from General Fund reserves to fund the work for this fiscal year. Approve the assignment of this work to Charles Abbott Associates and add $1,000 to their public works contract for this work. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification _ Resolution(s) _ Bid Specifications (on file in City Clerk's office) _ Ordinance(s) X_ Other: Minutes from 7120199 Study Session 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: Terrenc L. Bela r City Manager f JamDeStefano Deputy City Manager DEPART HEAD: ose Community Services Director SUMMARY: continued major arterials: Canary Island Pine, Jacaranda, Brisbane Box. Staff recommends a species replacement program through attrition for the Jacaranda (with Chinese Flame Tree) and Brisbane Box (with Tristania Laurina Tree). An attempt to replace the Canary Island Pine trees through attrition was not aesthetically acceptable. Removal of mature Canary Island Pine trees will result in a major change in the current look of Diamond Bar. Therefore, staff is recommending a program that preserves the mature Canary Island Pine trees for 10 to 20 years and also limits damage to adjacent hardscape. Removal of tree well covers will provide these trees with enough space to grow another five to ten years. After that, increasing the size of the tree well to 4'x 4' should provide space for an additional 5 to 10 years. This way, the Canary Island Pine trees should be able to grow along the major arterials in Diamond Bar for another 10 to 20 years without causing major damage to most of the adjacent hardscape. Cost to complete staffs recommendations in the current fiscal year is $12,000. These funds are not currently included in the budget. CITY COUNCIL REPORT MEETING DATE: October 19,1999 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Consideration of Street Tree Program Issue Statement There are three species of trees that will grow to be too large for the existing 3'x 3' tree well cutouts along the major arterials and will cause large amounts of damage to the adjacent hardscape. This agenda item presents the City Council with options for the three species of trees: Canary Island Pine, Jacaranda, and Brisbane Box. Recommendation: Staff recommends that the following actions be approved by the City Council. Direct staff to implement a species replacement program through attrition for the following trees: Existing Tree Replacement Tree Jacaranda Chinese Fringe Brisbane Box Tristania Laurina Direct staff to remove 435 damaged tree well covers at a cost of $11,000. Allocate $11,000 from General Fund reserves to complete this work. Approve the assignment of this work to Charles Abbott Associates and add $11,000 to their Public Works contract for this work. Direct staff to cut 4'x 4' tree wells when necessary to preserve mature Canary Island Pine trees and to limit damage to the adjacent hardscape. Allocate $1,000 from General Fund reserves to fund the work for this fiscal year. Approve the assignment of this work to Charles Abbott Associates and add $1,000 to their public works contract for this work. Financial Summary: Cost to implement staffs recommended actions for the 199912000 Fiscal Year is $12,000. These funds are not currently budgeted. Background Over the past two months, the City Council and staff have had dialog about different species of street trees that are planted along the major arterials that eventually will cause damage to the adjacent hardscape. The trees causing this concern are the Canary Island Pine, Jacaranda and Brisbane Box. Staff has previously presented a plan that will replace these trees through attrition. Jacaranda trees will be replaced with Chinese Fringe trees and Brisbane Box trees will be replaced with Tristania Laurina. Staff also proposed that the Canary Island Pine trees be replaced through attrition with Sweet Shade trees. City Council expressed a concern that the Sweet Shade trees look radically different from the existing Canary Island Pine trees. City Council requested that staff consider other options. Discussion Options that staff has developed include: 1. Replace Canary Island Pine trees, 30 at a time over a 15 year period. Annual cost would be about $10,000. Retain existing Canary Island Pine trees and remove existing damaged tree well covers. This action should provide the Canary Island Pine trees enough space to grow another five to ten years before more damage occurs. Then cut a 4'x 4' tree well for the Canary Island Pine tree to continue growing. This larger tree well should provide growing space for five to ten years more. This option can result in preserving the existing Canary Island Pine trees for another 10 to 20 years before large amounts of hardscape damage occurs. Cost to remove 435 tree well covers: $11,000 FY 99/00. Cost to cut 435 4'x 4' tree wells: $11,000 over next 5 to 10 years. Prepared by: Bob Rose, Community Services Director T = cC X 00 e=o p s CL T N N N t G t«. bD U C do•= y O O ci i U t � 'fid v U c 3 RS N -p s 't7 L L CD L N � a _ - N � c � c 3 0 U f1 'p N O C 3 u on x E- 3 o c w > oz N G r N L '] V) �.+ �. •�, p v t 3 Xn • Y U N 3 c N r = en 7 2 o c�a ? C cmc C L,- s on 3 rn 3 O U L N c � O N Q r- O v U O � N M o 0 oc 0 0 ori L V] N U CJ KIR . ,* .r - '4 C., . .- P '• i��,._�: •fit..' :�' �a I� i r Wnit, � A4 - pp aK 4 ILII �!' ♦. - ;�, ^i v �ikF. µMi+ ._�:r-i !..�'"""' �� '-� a .. •Ya. �h�1 .�... r � . I... � i `^_. -�� `� ar e� „tel - _..:�, �? � - fy �� -.sty# .��,rs �.^JwlY-�' � � KY •�' t� ;,.t'i't„ � ..., ,.�>�+ tl �. • :.Y. ,�`�'. . - k riA'� •- , .� . .1G.4rblp=• ..,�w. ,i.!�, 5. ,Q Ll f i1•, � ✓lgi _• i, g";-.16�.p ri i j+. 4 i 1.,, {� 1 V f..11l �/t'.4.a 3`��A':a<-.:�e f��:..•if•"�s �„i4s"'��`��:-.t ;'- .,�l.:i� r , rt. 7 ti t . a . � ► fir. ` �� rt. . a . � ► fir. ` �� x N ro °� ro c ro xa v s 2-1 x 50 L N ' 70 a b L to R y i A E w 3 = c s o CA _3 °O M J c c� r Q .L. U D1 0,4 -, �' cn OL U rn bA „"'S Ci � � U 00 W) CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION JULY 20, 1999 1. CALL TO ORDER: Mayor Chang called the meeting to order at 5:30 p.m. in South Coast Air Quality Management District Room CC -8, 21865 E. Copley Drive, Diamond Bar, California. 2. ROLL CALL: Council Members Ansari, Herrera, Huff, Mayor Pro Tem O'Connor and Mayor Chang. Also Present were: Terrence L. Belanger, City Manager; Mike Jenkins, City Attorney; James DeStefano, Deputy City Manager, Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Kellee Fritzal, Assistant to the City Manager; Anne Haraksin, Administrative Assistant; Lynda Burgess, City Clerk, and Sgt. Mike Flannery. 3. STREET TREE PROGRAM DISCUSSION: CSD/Rose stated that the estimated cost to plant a 24 -inch box tree is $175. There is approximately $350,000 budgeted in District 38 for medians on Golden Springs which has, apparently, been approved for Proposition C funding. Staff is recommending that the priority for planting be D.B. Blvd., then Grand Ave. east of D.B. Blvd. and then Grand Ave. west of D.B. Blvd. Ken Gerby, West Coast Arborists, responded to CM/Belanger that depending upon availability, it would take approximately six months to complete the planting of the 543 new trees. In response to C/Ansari regarding a slow-growing, grout -tolerant, flowering tree, CSD/Rose stated that it would be a crape myrtle or primarily what's in the book that's being recommended. Some of what's in the book are median trees. Mr. Gerby indicated that there is a huge list of the types of trees that would be recommended on the street, crape myrtle, red bud... CSD/Rose indicated that there are 21 different recommended trees. Depending on the location, some of the recommended trees are more suitable for a median than a 3 -foot cut-out. The list of 21 trees are all flowering trees that are appropriate for planting in D.B. Staff's first goal was to look for something similar to replace the ones that we have. CM/Belanger explained that there are two programs: 1) to replace the street trees (parkway trees) versus the medians. We're not really talking about changing trees in the medians; what we're suggesting in the medians is to expand the number of species to incorporate color. So, on the major boulevards, the color is going to take place in the medians, primarily but not ZE JULY 20, 1999 PAGE 2 COUNCIL STUDY SESSION exclusively- CSD/Rose stated that jacaranda trees are primarily on Pathfinder west of Brea Canyon Rd. and on Brea Canyon Cut-off. This tree gets so large that they are pushing up the sidewalk. We are looking at a Chinese Fringe Tree (yellow flowers) because the shape and canopy are similar to the jacaranda. The biggest issue staff is dealing with is the 485 Canary Island Pine Trees, primarily on Brea Canyon Rd., D.B. Blvd., Golden Springs Dr., Pathfinder and Sunset Crossing. We can't find a tree similar to recommend replacement through an attrition process. One consideration was the Sweet Shade, which looks nothing like a Canary Island Pine but is a flowering tree with yellow blooms. The idea is to replace the Canary Island Pines on a section -by -section basis and staff would bring to Council a recommended species to replace them at each location. MPT/O'Connor felt that residents would rather see the trees in front of their homes replaced than the ones on the main arterials. CSD/Rose stated that staff has received calls from residents— especially on Palomino and on Cold Spring. Some of these are Chinese Stone Pines, which get biggQr than Canary Island Pines. Staff can come back at a future Council meeting to include some phasing of residential and street tree replacement at the same time. In response to C/Ansari, CSD/Rose indicated that staff is not recommending any trees that seem to drop a lot of foliage on the ground. There isn't, however, a perfect tree that does not drop some foliage on the ground. C/Huff asked what the County is doing in their areas? What are the alternatives here other than just changing them out? We can re -do sidewalks eventually, put in larger wells, how does that cost is comparison. He felt that we would be trading off certain ambiance of tall trees for the new trees that aren't going to rip up the sidewalk— there are some people in town that prefer the tall trees—they don't care about ripping up the sidewalks. CSD/Rose responded that staff is recommending to not remove the ficus trees over at Pathfinder and Brea Canyon Rd., but to repair the sidewalks and landscaping. C/Huff asked if it would be possible to change out the sidewalks with a large enough well so that people can still walk by and, at the same time, salvage the trees? JULY 20, 1999 PAGE 3 COUNCIL STUDY SESSION Mr. Gerby replied that that would be possible depending upon what your specifications are for wheelchair access. C/Huff requested that a report be given on that alternative giving financial comparisons. For a young City, mature trees speak of maturity. MPT/O'Connor stated that she didn't want the big trees taken out unless we absolutely have to. CSD/Rose pointed out that Canary Island Pines are recommended for placement in an 8-10 foot parkway. The medians are fine but the parkway areas are not that large. Regarding median tree planting, staff and West Coast Arborists have found space on the medians existing on D.B. Blvd. and Grand Ave. for approx. 543 trees. The idea is to bring in trees that are of a flowering type and are drought -tolerant. A list of 21 trees has been developed, which are shown in the book. C/Huff asked what the pollen level would be on these flowering trees? Mr. Gerby indicated that none of the trees that he was familiar with had high pollen levels. C/Huff indicated that some cities ban certain varieties of trees because they cause a lot of allergy problems, like a Fruitless Mulberry Tree. Mr. Gerby replied that, to the best of his knowledge, he hadn't heard anything specific to any of these as far as aggravating allergies. C/Huff requested that the pollen counts be determined. Regarding the median tree planting, CSD/Rose reported that staff has listed the locations of the current openings, which totals 543. Estimated cost is $175 to plant a 24" box tree, so that's approximately $95,000. Trees on Golden Springs can remain Liquid Ambers for the time being. Regarding the financing, it can be phased or all at one time. There was originally $350,000 budgeted in District 38 for medians on Golden Springs which has now been approved for Prop C funding so some money can be used out of this that could be used to do the median planting since all the medians are included in District 38. If phasing is done, staff is recommending that priority be D.B. Blvd., then Grand Ave. east of D.B. Blvd. and then Grand Ave. west of D.B. Blvd. r In response to C/Herrera, CSD/Rose explained that the entire amount of $350,000 will be budgeted through Prop C instead of District 38 so that the entire $350,00 is available for other projects. J U LY 20, 1999 4. PAGE 4 COUNCIL STUDY SESSION MPT/O'Connor stated that she preferred planting the 543 trees using the District 38 funds. 0.1 In response to C/Herrera, MPT/O'Connor stated that existing trees would not be removed in the medians, but that 543 new trees would be added. In response to C/Ansari, CSD/Rose indicated that if the City is interested in adding bubblers to the medians, the entire system would have to be changed. It is recommended that a trial sample be installed just to get a sense of how it would work. In response to C/Huff, CSD/Rose stated that reclaimed water is only used on the medians on Golden Springs. C/Huff asked whether staff has considered using xeriscaping in the medians and trying to cut back on water consumption? CSD/Rose stated that that, again, would require re -doing each and every median. C/Huff asked if staff is talking about adding trees as tall as those currently in existence on Grand Ave. or are you talking about adding f small ones? Mr. Gerby stated that the plan is to underplant below the Eucalyptus, leave the Eucalyptus and actually planting some flowering trees to provide color at the eye level. In reply to M/Chang, CSD/Rose indicated that staff intends to bring this matter to Council at its August 3, 1999 meeting. Staff will make the recommendation for completing the entire planting and transferring the money from the Golden Springs median project to this project, along with other alternatives. Other recommendations would be made in accordance with this report and request a certain amount of money to phase in replacement over a number of years. Staff will investigate the feasibility of enlarging tree wells and provide information accordingly. C/Ansari said she would like to have costs for replacement of some I of the dead ground cover on D.B. Blvd. MPT/O'Connor requested a count of the number of Canary Island Pines that are currently located in residential areas. MILLENIUM ""FIRST NIGHT OUT" CELEBRATION PROPOSAL: RESOLUTION NO. 99-78 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR SUPPORTING A COMPLETE AND COMPREHENSIVE FOUR CORNERS TRANSPORTATION IMPACTS ANALYSIS AND TRANSPORTATION MITIGATION ALTERNATIVES REPORT Whereas, the Four Corners Transportation Policy Group, in cooperation with the Southern California Association of Governments (SCAG), has engaged the firm of Parsons, Brinkerhoff, Quade and Douglas (PBQD) to study short and long term transportation impacts and alternative mitigation solutions in the Four Corners area, an area generally contained within the I-15, SR91, SR57 and SR60 transportation corridors; and Whereas, the Four Comers Study is intended to analyze transportation impacts, through the year 2020, and to formulate alternative mitigation solutions, both short term and long term, which if implemented would more effectively and efficiently move traffic through the Four Corners area; and Whereas, the Four Corners Study has had as one of it's underlying premises that all existing transportation corridors and alternative transportation corridors would be analyzed and conveyed to the Policy Committee in as an unabridged manner as possible; and Whereas, some of the draft alternative recommendations are not desirable to the City of Diamond Bar, e.g., bus lanes on Grand Avenue, it is important that transportation alternatives be studied as comprehensively as possible; and Whereas, it is critically important that the implementation of transportation alternatives ensure that the Four Corners area transportation corridors function effectively, without adversely impacting Diamond Bar's local street system. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Diamond Bar does and hereby supports a complete and comprehensive Four Corners transportation impacts analysis and transportation mitigation alternatives study. PASSED, ADOPTED AND APPROVED this 19`b day of October, 1999. Mayor Pro Tem 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 19a` day of October, 1999, by the following vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS ABSTAIN: COUNCIL MEMBERS ATTEST: Herrera, Huff, MPT/O'Connor None Ansari, TV/Chang None City Clerk of the City of Diamond Bar AGENDA NO. 8.8 NO DOCUMENTATION AVAILABLE 2 REDEVELOPMENT AGENCY OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE BOARD OF DIRECTORS OCTOBER 5, 1999 140�� CALL TO ORDER: Chairwoman Ansari called the meeting to order at 10:45 p.m. in the South Coast Air Quality Management District Auditorium, 21865 E. Copley Drive, Diamond Bar, California. ROLL CALL: Agency Members Chang, Herrera, O'Connor, Vice Chairman Huff and Chairwoman Ansari. Also present were: Terrence L. Belanger, Executive Director; Mike Jenkins, Agency Attorney; James DeStefano, Deputy City Manager; David Liu, Deputy Public Works Director; Mike Nelson, Communications and Marketing Director, and Lynda Burgess, Agency Secretary. PUBLIC COMMENTS: Clyde Hennessee asked what the Redevelopment Agency is currently working on and what is proposed short term and long term. Chair/Ansari responded that redevelopment is currently assisting with the construction of several large buildings in the City such as the Allstate and Travelers Insurance buildings in the Gateway Corporate Center. Additionally, redevelopment monies are being used for streetscape improvements. CM/Belanger stated that redevelopment resources have been utilized to bring two fairly large commercial developments to the City and to provide employment in the community and a daytime population that will have consumable dollars to spend on commodities provided by D.B. businesses. The Agency has participated with the County in remodeling the D.B. Library. The Agency has also been involved with design and construction of several street and median projects as well as in design and construction of several traffic signal projects. There are several projects that the Agency is funding from a design perspective such as the Brea Canyon Rd. streetscape project from the southerly City limits to Pathfinder Rd. The RDA continues to be developed in the activities that were set forth in the Redevelopment Plan that was approved by Council in 1997. Based upon all of the projects that were made by the consultants at the time, the RDA is in line with the projections in terms of what Council believed needed to be done in order to provide an economic stimulus to what was and, in some cases continues to be, a more abundant economy for the City. Chair/Ansari stated that there will be a booth at the October 23, 1999 Business Expo which will be held at the Kmart Shopping Center. 3. CONSENT CALENDAR: AM/Herrera moved, AM/Chang seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: AGENCY MEMBERS - Chang, Herrera, O'Connor, VC/Huff, Chair/Ansari OCTOBER 5, 1999 91 5. PAGE 2 REDEVELOPMENT AGENCY NOES: AGENCY MEMBERS - None ABSENT: AGENCY MEMBERS - None 3.1 APPROVED MINUTES - Regular Meeting of September 21, 1999 - As submitted. 3.2 APPROVED VOUCHER REGISTER - dated October 5, 1999 in the amount of $12,025.05. 3.3 TREASURER'S STATEMENT - for August, 1999 - approved as submitted. PUBLIC HEARINGS: None OLD BUSINESS: 5.1 AWARDED CONTRACT TO KOSMONT & ASSOCIATES FOR AN ECONOMIC DEVELOPMENT STRATEGIC PLAN - As designated by Council and Members of the Redevelopment Agency, the number one goal on the list of goals and objectives is preparation of a well -crafted Economic Development Strategic Plan that provides a specific designed approach to expanding and maintaining a healthy business climate well into the next decade. To date, this process has included design of an RFP; recruitment of qualified Economic Development/Redevelopment Consultants; analysis and rating of submitted proposals; consultant interview, and selection of the most qualified firm to prepare the Plan. In response to AM/O'Connor, Henry Madrid, Senior Vice President, Kosmont & Associates, stated that the contract price is firm. With respect to her concern about the cooperation of the shopping center owners in this process, he stated that if Kosmont & Associates is successful in its analysis of demonstrating how the centers can be more successful, the property owners will cooperate. New types of uses are being considered for centers in the service areas. With the changes in retailing through use of the internet, other uses will be proposed to help create new kinds of anchors for some of the centers. AWO'Connor asked Mr. Madrid to explain how cooperative retail centers and individual business owners have been to changing the centers or relocating business, in his experience. Mr. Madrid responded that his firm's approach is cutting edge in dealing with relocating and reshuffling tenants within a community based upon incentives, etc. He had not experienced this happening because this approach had not been used before. This is an innovative program. However, he has experienced business owners and property owners taking out loans, improving their property and participating in programs to enhance their OCTOBER 5, 1999 PAGE 3 REDEVELOPMENT AGENCY centers. Depending upon incentives and programs, they are generally very cooperative. AM/O'Connor believed that the City's staff and marketing department has approached some of the shopping centers and little progress has been made. She is very concerned that the City is contemplating spending a high fee for this program without some certainty that the program will be successful. Mr. Madrid explained that his firm intends to go beyond what was requested. There is no guarantee that it will work. It depends on the findings and incentives because the program has not yet been crafted and the conditions have not yet been researched in order to come up with appropriate designs. Responding to ChaidAnsari, Mr. Madrid concurred that redevelopment is one possible source of incentive. AM/Herrera indicated to Chair/Ansari that all respondents were considered on the merits of the input and response to the RFP without initial regard to dollars. Kosmont was chosen because of their procedures, methods and contacts with developers and shopping center owners. Their expertise was significant when compared to the other four applicants. In reviewing the budget breakdown, Kosmont & Associates did offer the most expensive proposal. CM/Belanger responded to AM/O'Connor that the $187,000 price includes 150 hours for implementation over a one-year time. Mr. Madrid replied to AM/Chang that he did not mean to imply that his firm does not have experience in assisting development to occur and bringing developers and tenants to sites. He was responding to one creative repositioning strategy of taking a center and trying to come up with new uses for the center that are not retail - particularly services. This has not been done by anyone at this point. Kosmont & Associates represents real estate development trusts, shopping center owners, bringing in office developers, assisting with relocations and having a real estate brokerage firm as one of its subsidiaries and working with brokers, representing cities on behalf of major developers and working with cities representing major developers. AM/Huff moved, AM/ Herrera seconded, to award a contract to Kosmont & Associates, Inc. and its designated team members (Agajanian & Associates; Urban Design Studies) for preparation of an Economic Development Strategic Plan. Under the contract, the consulting team will provide background research; strategic evaluation, strategy formation; implementation initiatives; on-site consultation during the Plan process and production of the final Plan document. Motion carried by the following Roll OCTOBER 5, 1999 PAGE 4 REDEVELOPMENT AGENCY Call vote: AYES: AGENCY MEMBERS - Chang, Herrera, VC/Huff, Chair/Ansari NOES: AGENCY MEMBERS - O'Connor ABSENT: AGENCY MEMBERS - None 6. NEW BUSINESS: None 7. AGENCY MEMBER COMMENTS: AGENCY ADJOURNMENT: There being no further business to conduct, Chair/Ansari adjourned the meeting at 11:25 p.m. ATTEST: Chairman LYNDA BURGESS, Agency Secretary DIAMOND BAR REDEVELOPMENT AGENCY INTEROFFICE MEMORANDUM TO: Chairman Ansari and Board of Directors FROM: Linda G. Magnusoir; Finance Director SUBJECT: Voucher Register, October 19, 1999 DATE: October 13, 1999 Attached is the Voucher Register dated October 19, 1999 for the Diamond Bar Redevelopment Agency. The checks will be produced after any recommendations and the final approval is received. Please review and sign the attached. DIAMOND BAR REDEVELOPMENT AGENCY VOUCHER REGISTER APPRO�AL The attached listing of vouchers dated October 19, 1999 have been reviewed, approved, and recommended for payment. Payments are hereby allowed from the following funds in these amounts FUND DESCRIPTION 610 FUND REPORT FOR ALL FUNDS APPRDVED BY: villa IJA 4 1, -1 1� �11- I ' 1. 0-i-1 Finance 1'.1,irector PREPAID '00 Eileen R. Ansari Chairman VOUCHERS l0,894.60 10,094.60 ' - Terrence L. Belang, Robert S. Huff Executive Directo'', Vice Chairman TOTAL 10,894.6O 10,894.60 RUN DATE: 10113/19,49 15:34:24 FUND/SECT-ACCT-PROJECT-ACCT CALIFORNIA REDEVELOPMENT ASSOC 6107110 -42330 -- DIAMOND BAR/WALNUT YMCA 6107110-42115-- RICHARDS, WATSON & GERSHON 6107110-44020-- 6107110-44020-- 6107110-44020-- REPORT TOTAL PREPAIDS REPORT TOTAL VOUCHERS REPORT TOTAL — AMOUNT PAGE: 1 55.50 .00 55.50 55.50 150.00 .00 150.00 150.0 59.50 3,958.75 6,670.85 .00 10,684.10 10,689.10 PREPAID DATE CHECK .00 10,894.60 10,894.60 A'LN-i BAF: REDEVELOPMENT AGENCY VOUCHER REGISTER DUE THU: 10/la!19'?y PO # INVOICE DESCRIPTION 12057 CRA CONT-CM/BELANGER7/8-9 TOTAL. PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR SPNSRSHP-D/DELIO MEMRAL TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 9008 100630 LEGAL SVCS - RDA 14008 103632 LEGAL SVCS - RDA 9008 10:3631 LEGAL SVCS - RDA TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR REPORT TOTAL PREPAIDS REPORT TOTAL VOUCHERS REPORT TOTAL — AMOUNT PAGE: 1 55.50 .00 55.50 55.50 150.00 .00 150.00 150.0 59.50 3,958.75 6,670.85 .00 10,684.10 10,689.10 PREPAID DATE CHECK .00 10,894.60 10,894.60 CITY OF DIAMOND BAR — REDEVELOPMENT AGENCY AGENDA REPORT AGENDA NO.�i, TO: Honorable Chairman and Board Members MEETING DATE: October 19, 1999 REPORT DATE: October 13, 1999 FROM: Terrence L. Belanger, Executive Director TITLE: Award of Professional Services Contract for Traffic Signal Design at the Intersection of Gateway Center Drive and Valley Vista Drive. SUMMARY: The Gateway Corporate Center has 8 lots currently being developed and is anticipated to generate approximately 7000 additional daily 2 -way trips of traffic (our current trips for the Gateway Corporate Center are 9600 daily trips). With this projection, the intersection of Gateway Center Drive and Valley Vista Drive would exhibit potential vehicular movement conflicts. To be proactive to this anticipated development, the installation of a traffic signal is recommended to facilitate the vehicular movements. Two proposals have been received, from Warren Siecke ($4300) and Linscott, Law and Greenspan Engineers ($5160), for professional services to design the necessary traffic signal. At this time, staff proposes to award the design contract to Warren Siecke. RECOMMENDATION: That the Redevelopment Agency award the professional services contract for the traffic signal design at the intersection of Gateway Center Drive and Valley Vista Drive to Warren Siecke, in an amount not -to -exceed $4300.00. Furthermore, it is recommended that the Agency authorize a contingency amount of $700.00 for project change orders to be approved by the Director, for a total authorization amount of $5000.00. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification _ Resolution(s) _ Bid Specification _ Agreement(s) x Other: Warren Siecke Proposal (9/29/99) SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed N/A _ Yes _ No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? N/A _ Yes _ No 4. Has the report been reviewed by a Commission? N/A _ Yes _ No Which Commission? 5. Are other departments affected by the report? N/A _ Yes _ No REVIEWED BY: '/�Ucuv� Terrence L. B43Aer City Manager James DeStefano. Deputy City Manager a Liu Deputy Director of Public Works REDEVELOPMENT AGENCY REPORT AGENDA NO. MEETING DATE: October 19, 1999 TO: Honorable Chairman and Board Members FROM: Terrence L. Belanger, Executive Director SUBJECT: Award of Professional Services Contract for Traffic Signal Design at the Intersection of Gateway Center Drive and Valley Vista Drive. ISSUE STATEMENT To award the professional services contract for traffic signal design at the intersection of Gateway Center Drive and Valley Vista Drive to Warren Siecke. RECOMMENDATION That the Redevelopment Agency award the professional services contract for the traffic signal design at the intersection of Gateway Center Drive and Valley Vista Drive to Warren Siecke, in an amount not -to -exceed $4300.00. Furthermore, it is recommended that the Agency authorize a contingency amount of $700.00 for project change orders to be approved by the Executive Director, for a total authorization amount of $5000.00. FINANCIAL SUMMARY It requested that the Agency allocate $5000.00 for this traffic improvement within the Gateway Corporate Center, which is within the redevelopment area. BACKGROUND/DISCUSSION The Gateway Corporate Center has 8 lots currently being developed and is anticipated to generate approximately 7000 additional daily 2 -way trips of traffic (our current trips for the Gateway Corporate Center are 9600 daily trips). With this projection, the intersection of Gateway Center Drive and Valley Vista Drive would exhibit potential vehicular movement conflicts. To be proactive to this anticipated development, the installation of a traffic signal is recommended to facilitate the vehicular movements. Two proposals have been received, from Warren Siecke ($4300) and Linscott, Law and Greenspan Engineers ($5160), for professional services to design the necessary traffic signal. At this time, staff proposes to award the design contract to Warren Siecke. Included in Warren Siecke's Proposal are the following items: • Field review and observation; • Review of traffic counts and accident information; • Collect topographic information; • Coordinate with utility agencies; • Preparation of preliminary construction drawings for review; • Preparation of final plans and specifications and cost estimate; • Provide technical assistance during the bid period; and • Prepare timing parameters for initial operation. Plans and Specifications are anticipated to be complete within two months from the issuance of notice to proceed. Prepared by: David Liu/Rose Manela 4wen C-Qeeke TRANSPORTATION AND TRAFFIC ENGINEERING CCT i September 29, 1999 Mr. David Liu, P.E. Deputy Director of Public Works City of Diamond Bar Suite 190 21660 East Copley Drive Diamond Bar, CA 91765-4177 SUBJECT: Proposal For Traffic Signal Design Gateway Drive and Valley Vista Drive Dear Mr. Liu: I am pleased to submit this proposal to provide professional traffic engineering services for installation of traffic signals at the subject intersection. This is in response to your recent request for proposal. SCOPE OF WORK We propose to provide engineering services required for design, drafting of plans, and preparation of specifications for construction of the signals. The traffic signals will be designed to meet applicable Federal, State and City standards. The equipment and operation will be suited to current and anticipated future demands. Since this intersection is located on a curve, we will particular attention to the need for adequate visibility of the traffic signals. If studies indicate and advance flashing beacon is needed, we will include it in the design. More specifically, we will perform the following tasks: Conduct field observations of current traffic conditions. 2. Review city -provided count data and accident information and identify needs for additional data if required. 3. Collect required topographic information. 4. Coordinate with utility agencies to obtain pertinent information relative to their underground and overhead facilities. Information will be plotted on the 20142 CANYON DR., YORBA LINDA, CA 92686 • 714/970-6247 • FAX 779-1644 preliminary plans and the agencies will be requested to review and comment. Conflicts between their facilities and the proposed design will be reconciled. 5. Prepare preliminary construction drawings (ink on mylar) to include plan, general details, utility locations, signing and striping for City review and comment. 6. Prepare final plans, specifications and cost estimate to reflect City and other agencies comments. 7. Provide technical assistance when called on during the bid period. 8. Prepare timing parameters for initial operation. CITY TO PROVIDE It is understood the City will provide, at no cost to us, the following items: 1. Construction drawings of existing street improvements. 2. Traffic data such as counts, accident reports and speeds. 3. List of utility agencies (and contact information) known to have facilities in the project area. 4. Reproducible copies of general provisions for use in preparation of the specifications. 5. Other pertinent information that may be available in City records. SCHEDULE We are prepared to begin work immediately upon authorization to proceed. We anticipate two months exclusive of city review time will be required to complete the work. FEE Our fee will be a lump sum of $4,300. Thank you for the opportunity to submit this proposal. We look forward to working with you on this project. Warren C. Siecke, P.E. diabar u prop