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6/15/1999
Tuesday, June 15, 1999 5:00 p.m. — Study Session CC -2 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 staff reports or other written documentation relating to agenda items are on file in the Office of the City Clerk, and are available for public inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 860-2489 during regular business hours. In an effort to comply with the requirements of Title 11 of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking, eating or drinking in the Council Chambers. The City of Diamond Bar uses recycled paper and encourages you to do the same. DIAMOND BAR CITY COUNCIL RULES (ALSO APPLIES TO COMMISSION AND COMMITTEE MEETINGS) PUBLIC INPUT The meetings of the Diamond Bar City Council are open to the public. A member of the public may address the Council on the subject of one or more agenda items and/or other items of interest which are within the subject matter jurisdiction of the Diamond Bar City Council. A request to address the Council should be submitted in person to the City Clerk As a general rule the opportunity for public comments will take place at the discretion of the Char. However, in order to facilitate the meeting. persons who are interested parties for an item may be requested to give their presentation at the time the item is called on the calendar. The Chair may limit the public input on any item or the total amount of time allocated for public testimony based on the number of people requesting to speak and the business of the Council. Individuals are requested to refrain from personal attacks towards Council Members or other citizens. Comments which are not conducive to a positive business meeting environment are viewed as attacks against the entire City Council and will not be tolerated. Your cooperation is greatly appreciated- In ppreciatedIn accordance with Government Code Section 54954.3(a) the Chair may from time to time dispense with public comment on items previously considered by the Council. (Does not apply to Committee meetings.) In accordance with State Law (Brown Act), all matters to be acted on by the City Council must be posted at least 72 hours prior to the Council meeting. In case of emergency, or when a subject matter arises subsequent to the posting of the agenda, upon making certain findings the Council may act on an item that is not on the posted agenda. CONDUCT IN THE CITY COUNCIL CHAMBERS The Chair shall order removed from the Council Chambers any person who commits the following acts in respect to a regular or special meeting of the Diamond Bar City Council. A- Disorderly behavior toward the Council or any member ofthe staffthereo$ tending to interrupt the due and orderly cause of said meeting. B. A breach of the peace, boisterous conduct or violent disturbance, tending to interrupt the due and orderly course of said meeting. C. Disobedience of any lawful order of the Chair,, which shall include an order to be seated or to refrain from addressing the Board; and D. Any other unlawful interference with the due and orderly conduct of said meeting. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL Agendas for the regular Diamond Bar City Council meetings are prepared by the City Clerk and are available 72 hours prior to the meeting. Agendas are available electronically and may be accessed by a personal computer through a phone modem. Every meeting of the City Council is recorded on cassette tapes and duplicate tapes are available for a nominal charge. ADA REQUIREMENTS A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. Sign language interpreter services are also available by giving notice at least three business days in advance of the meeting. Please telephone (909) 860-2489 between 8 a.m. and 5 p.m. Monday through Friday. HELPFUL PHONE NUMBERS Copies of Agenda, Rules of the Council, Cassette Tapes of Meetings (909) 860-2489 Computer Access to Agendas (909) 860 -LINE General Information (909) 860.2489 NOTE: ACTION MAY BE TAKEN ON ANY ITEM IDENTIFIED ON THE AGENDA. 1. N1 3. Next Resolution No. 99-45 Next Ordinance No. 07(1999) STUDY SESSION: 5:00 p.m., AQMD Room CC -2 a) FY 1999-00 Budget b) Code Enforcement CLOSED SESSION: CALL TO ORDER: 6:30 p.m., June 15, 1999 PLEDGE OF ALLEGIANCE: Mayor INVOCATION: Reverend Ted Meyers, ELCA, Shepherd of the Hills Lutheran Church ROLL CALL: Council Members Ansari, Herrera, Huff, Mayor Pro Tem O'Connor, Mayor Chang APPROVAL OF AGENDA: Mayor SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Presentation of Certificates of Recognition to the 1999 California Distinguished Schools - Chaparral Middle School, Lorbeer Middle School and South Pointe Middle School. 3.2 Presentation of Certificates of Recognition to Jennifer Suban, 8th Grade Lorbeer Middle School and Shannon Wright, 6tn Grade Chaparral Middle School recipients of the "All American Scholar" Award. 3.3 Presentation of Certificates of the Recognition to Community Patrol Volunteers Margie Brouse, Ignacio Covarrubias, Ray Engelke, Teodoro Galelli, Mike Goldenberg and Mike.Miller for accumulating 1000 hours. 3.4 Presentation of City Tile to D.B. 1st Ward Relief Society, Women's organization of the Church of Jesus Christ of Latter-day Saints; and Certificates of Recognition to: Charlene Law, Karen Pinkleman, Caprece Hart, Vida Kilburn, Donna Aquila, Ann Winward, Sylvia Summers, Sonya Neal, Yvonne Bryan, Danelle Prince, Esther Barry, Joanne Vorkink, Joyce Rauch, Linda Stevenson, Nonie Bruner, Cula Farnsworth, Karlene JUNE 15, 1999 PAGE 2 Edwards, Valerie Chamberlain and Diane Diaz, members of the D.B. lst Ward Relief Society for designing and piecing together 157 quilts, beginning March 1998 to March of 1999, for needy children. 4. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is voluntary). There is a five minute maximum time limit when addressing the Citv Council. 5. SCHEDULE OF FUTURE EVENTS: 5.1 9th ANNUAL CONCERT IN THE PARKS - First in the series of 10 Concerts - June 16, 1999 - 6:30 - 8:00 p.m., SOUTHLAND BAND (Contemporary), Sycamore Canyon Park, 22930 Golden Spgs. Rd. 5.2 HOUSEHOLD HAZARDOUS WASTE ROUNDUP - June 19, 1999 - 9:00 a.m. - 3:00 p.m., U.S. Postal Services Processing Center, 15421 Gale Ave., City of Industry. 5.3 SMALL BUSINESS SEMINAR IN CONJUNCTION WITH THE DIAMOND BAR CHAMBER OF COMMERCE - (Second in a Series) - June 22, 1999, 7:00 p.m. - 9:00 p.m., - AQMD Room CC -6, 21865 E. Copley Dr. 5.4 PLANNING COMMISSION - June 22, 1999 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.5 CONCERTS IN THE PARK - UPSTREAM (Reggae) - June 23, 1999 - 6:30 - 8:00 p.m., Sycamore Canyon Park, 22930 Golden Spgs. Dr. 5.6 PARKS & RECREATION COMMISSION - June 24, 1999 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.7 SPECIAL CITY COUNCIL MEETING - June 29, 1999 - 6:30 p.m., Civic/Community Center, AQMD Auditorium, 21865 E. Copley Dr. 5.8 CONCERTS IN THE PARK - LONG BEACH JR. CONCERT BAND (Patriotic) - June 30, 1999 - 6:30 - 8:00 p.m., Sycamore Canyon Park, 22930 Golden Spgs. Dr. JUNE 15, 1999 PAGE 3 5.9 4" OF JULY HOLIDAY - City Offices will be closed Monday, July 5, 1999 in observance of the Holiday. City Offices will reopen Tuesday, July 6, 1999. 5.10 CITY COUNCIL MEETING - July 6, 1999 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: 6.1 APPROVAL OF MINUTES - Regular Meeting of June 1, 1999 - Approve as submitted. Requested by: City Clerk 6.2 PARKS & RECREATION COMMISSION MINUTES - Regular Meeting of April 22, 1999 - Receive & File. Requested by: Community Services Division 6.3 VOUCHER REGISTER - Approve Voucher Register dated June 15, 1999 in the amount of $219,413.88. Requested by: Finance Division 6.4 EXONERATION OF GRADING PERMIT BOND (FAITHFUL PERFORMANCE, LABOR & MATERIAL) AND FAITHFUL PERFORMANCE BOND FOR CORRECTIVE GEOLOGIC IMPROVEMENTS FOR TRACT 43162 IN DIAMOND BAR - The Principal, William Lyon Homes, Inc. requests release of their surety bond for improvement security as required in accordance with the Subdivision Map Act. The City Engineering and Public Works Division finds that the Principal has provided sufficient proof of completed grading of lots 1-116 located within Tract No. 43162, as indicated on the final grading certification signed by the County on file with the City. The City Engineering and Public Works Division also finds that the Principal has provided sufficient proof of completed corrective geologic improvements for lots 1-116 in Tract 43162, as indicated in a letter dated 3/18/94 by Donald Brockway, Principal Engineer with Leighton and Associates. Recommended Action: It is recommended that the City Council a) approve the exoneration of Grading Permit Bond, in the amount of $146,300 and Faithful Performance Bond for Corrective Geologic Improvements in the amount of $114,800 for Tract No. 43162 and b) direct the City Clerk to notify the owner and Surety of this action. Requested by: Engineering Division JUNE 15, 1999 PAGE 4 6.5 AMENDMENT NO. 2 TO CONTRACT WITH ARMENTROUT CONSULTANTS FOR EMERGENCY PREPAREDNESS SERVICES - The preservation of life and property is an inherent responsibility of local, state and federal governments. This responsibility is carried out through planning for emergencies and the ability to adequately respond. Armentrout Consultants prepared the City Multihazard Functional Plan which serves as the basis for the City's emergency organization and operations. The consultants completed the City's Standardized Emergency Management Plan (SEMS) which was approved by the Governor's Office of Emergency Services in February, 1999 and adopted by the City Council on April 6, 1999. The focus of the consultants' efforts during FY 99-2000 will include: liaison with county, state and federal emergency agencies as required for public assistance, grants and other forms of emergency funding; monthly emergency training sessions with staff; continued staff training in the SEMS functions; conduct of field disaster exercise prior to January 1, 2000; development of emergency communications plan for City Hall and the EOC; completion of the inventory of City emergency equipment; provision of emergency preparedness public information; design and preparation of maps for use in the EOC; etc. Recommended Action: It is recommended that the City Council approve Amendment No. 2 to the Professional Services Agreement with Armentrout Consulting for Emergency Preparedness Services for one year in an amount not -to -exceed $16,640. Requested by: City Clerk 6.6 EXTENSION OF CONTRACT FOR MINUTE SECRETARY SERVICES - The City utilizes the services of a contract secretary to transcribe minutes for the City Council, Planning Commission, Parks & Recreation Commission and Traffic & Transportation Commission. These services allow clerical staff more opportunities to effectively handle contact with the public, answer phones, complete agendas, post notices, complete mailings for hearings, and other duties as required. It has been proven that it is more cost effective to utilize the services of an outside Minute Secretary than to have staff prepare minutes. A one-year extension to an agreement with Carol A. Dennis for these services was approved by the City Council on July 1, 1997. With a one-year option for renewal. It is now necessary to prepare an RFP and solicit bids to again contract for the best services available to the City. Due to the imminent expiration of the current contract (July 1, 1999), staff JUNE 15, 1999 PAGE 5 recommends extension of said contract until October 1, 1999. Recommended Action: It is recommended that the City Council authorize the City Manager to temporarily extend the agreement with Carol A. Dennis for Minute Secretary services for City Council, Planning Commission, Parks & Recreation Commission and Traffic Transportation Commission meetings in the amount of $6,000 for the period July 1, 1999 through September 30, 1999. Requested by: City Clerk 6.7 EXTENSION OF MAINTENANCE CONTRACTS FOR: (A) EXTENSION OF WEED/LITTER ABATEMENT CONTRACT WITH LANTERMAN DEVELOPMENT CENTER - For the past nine years, the City has contracted with Lanterman Developmental Center for supplemental weed and litter abatement services. The contract calls for 10.8 miles of public right-of-way litter abatement three times a month for $839.44 per month and weed abatement in a variety of areas once per month for $2,136.38 per four months. This contract provides for service in area of D.B. that are known to accumulate litter more rapidly than other areas of the community and for weed control in the public right-of-way in areas not serviced by other contracts. Also, Lanterman Developmental Center has the flexibility to allow the City to substitute emergency work for regularly scheduled work areas on an as -needed basis at no additional cost. The services provided by Lanterman Developmental Center result in a more aesthetically pleasing community and the frequency of these services is expected to provide clean, vegetation free right-of-way in the areas of service. The total annual cost of this contract is $16,483, the same contract amount since the 1994/95 FY. There is no C.P.I. increase being sought for the 1999/00 FY contract year extension. Recommended Action: It is recommended that the City Council approve the extension of the contract with Community Industries Lanterman Developmental Center for supplemental weed and litter abatement in D.B. for FY 1999-00 for a total contract amount of $16,483. (B) EXTENSION OF GRAFFITI REMOVAL CONTRACT WITH GRAFFITI CONTROL SYSTEMS - On May 18, 1993, the City Council awarded a contract to Graffiti Control Systems, in the amount of $16,590 ($30 per site), for supplemental graffiti removal in D.B. through June 30, JUNE 15, 1999 PAGE 6 1994. The contract allows the City Council to extend the contract on an annual basis and adjust the quantity of work to serve the best interests of the City. For the past six years the City Council has approved the extension of the contract at the same cost of $30.00 per site. There were a total of 1034 sites of graffiti removed in the 12 months of May 1998 through April 1999. After six years of servicing this contract, Graffiti Control Systems has proven that they can satisfactorily perform the specifications of the contract. Graffiti Control Systems has agreed to forgo a C.P.I. increase to extend the contract for the 1999/00 FY. Recommended Action: It is recommended that the City Council approve the extension of the contract with Graffiti Control Systems for graffiti removal in D.B. for FY 1999-00 in an amount not to exceed $35,000 ($30 per site/1,160 sites). (C) EXTENSION OF CITY-WIDE STREET TREE MAINTENACE CONTRACT - On July 5, 1994, the City Council awarded a contract to West Coast Arborists, Inc., for City-wide street tree maintenance. The first year of the contract was from July 1, 1994 through June 30, 1995. The contract allows the City Council to extend the contract on an annual basis if an extension is deemed to be in the best interest of the City. The contract also allows the City Council to determine the quantity of work to be performed by the contractor on an annual basis. Staff recommends that the extension for the 1999-00 FY be in the amount of $80,000 in order to complete the scheduled area trim. West Coast Arborists, Inc. has done an excellent job servicing the City's tree maintenance needs. West Coast Arborists, Inc. has agreed to forgo a Consumer Price Index (C.P.I.) increase for the 1999-00 FY contract, as they have for the past five years. Recommended Action: It is recommended that the City Council approve the extension of the contract for City- wide street tree maintenance to West Coast Arborists, Inc., in an amount not to exceed $80,000 for the 1999- 00 FY. (D) EXTENSION OF AS -NEEDED STREET TREE PLANTING SERVICES - On November 18, 1997, the City Council awarded a contract to West Coast Arborists, Inc. for As -Needed Tree Planting Services. The first term of the contract was from November, 1997 through June 30, 1999. The contract allows the City Council to extend the contract on an annual basis if an extension is JUNE 15, 1999 PAGE 7 deemed to be in the best interest of the City. The contract also allows the City Council to determine the quantity of work to be performed by the contractor on an annual basis. Staff recommends that the extension for the 1999-00 FY be in the amount of $10,000. West Coast Arborists, Inc. has done an excellent job servicing the City's tree maintenance needs. West Coast Arborists, Inc. has agreed to forgo a Consumer Price Index (C.P.I.) increase for the 1999-00 FY contract. West Coast Arborists, Inc. will work with City staff on street tree replacement plan at no additional cost. This plan will be presented to the City Council during the new FY. Recommended Action: It is recommended that the City Council approve the extension of the contract for City- wide street tree maintenance to West Coast Arborists, Inc., in the amount not to exceed $10,000 for the 1999- 00 FY. (E) EXTENSION OF CITY-WIDE LANDSCAPE MAINTENANCE CONTRACT - On June 16, 1998, the City Council awarded a contract to Accurate Landscape and Maintenance in the amount of $233,364 (plus a $50,000 contingency) for City Wide landscape maintenance services. This contract is for the maintenance of the City Parks and Lighting and Landscape Maintenance Dists. No. 38, 39 and 41. The contract allows the City Council to extend the contract on an annual basis if an extension is deemed to be in the best interest of the City. Under the terms of the contract, the contractor is entitled to a Consumer Price Index (C.P.I.) adjustment on the extension. As of April 30, 1999, the C.P.I. stood at 2.5%, revising the contract for FY 1999/00 from $233,364 to $239,198.16, an increase of $5,834.16. Also, staff is requesting that the contingency be increased from $50,000 to $65,000. The additional $15,000 will be used to plant flowers four times per year at the City's five entries. Recommended Action: It is recommended that the City Council approve the extension of the contract with Accurate Landscape & Maintenance for City-wide Landscape Maintenance Services for FY 1999-00, including the 2.5% C.P.I. increase, in the amount of $239,198.16. It is further recommended that the City Council authorize a contingency not to exceed $65,000 for additional necessary work during the fiscal year. Requested by: Community Services Division JUNE 15, 1999 PAGE 8 6.8 AWARD OF CONSTRUCTION CONTRACT FOR THE MEADOWGLEN ROAD PUBLIC STREET IMPROVEMENTS PROJECT - On April 20, 1999, the City Council approved plans and specifications for the Meadowglen Road Public Street Improvements Project. Council authorized and directed the City Clerk to advertise and receive bids. Notice to bidders was published on April 26, 1999. Four bids were submitted and opened on May 25, 1999. The apparent low bidder is Gentry Bros. Inc. Recommended Action: It is recommended that the City Council receive the bids and award the construction contract to Gentry Bros., Inc. for the Meadowglen Road Public Street Improvement Project, in an amount not to exceed $241,760. Furthermore, it is recommended that the Council authorize a contingency amount of $25,000 for project change orders to be approved by the City Manager, for a total authorization amount of $266,760. Requested by: Engineering Division 6.9 AWARD OF CONSTRUCTION CONTRACT FOR THE AMBUSHERS STREET DRAINAGE IMPROVEMENTS PROJECT - On May 4, 1999, the City Council approved plans and specifications for the Ambushers Street Drainage Improvements Project. Council authorized and directed the City Clerk to advertise and receive bids. Notice to bidders was published on May 10, 1999. Five bids were submitted and opened on June 1, 1999. The apparent low bidder is B.R. Day Construction, Inc. Recommended Action: It is recommended that the City Council receive the bids and award the construction contract to B.R. Day Construction, Inc. for the Ambushers Street Drainage Improvement Project, in an amount not to exceed $168,235. Furthermore, it is recommended that the Council authorize a contingency amount of $17,000 for project change orders to be approved by the City Manager, for a total authorization amount of $185,235. Requested by: Engineering Division 6.10 AWARD OF CONSTRUCTION CONTRACT ADMINISTRATION/ INSPECTION SERVICES FOR THE AMBUSHERS STREET DRAINAGE IMPROVEMENT PROJECT AND THE MEADOWGLEN ROAD PUBLIC STREET IMPROVEMENTS PROJECT - On May 7, 1999, the Community and Development Services Department, Public Works Division solicited proposals for Construction Administration/Inspection services for the Ambushers Street Drainage Improvement Project and the Meadowglen Road Public Street Improvements Project. On May 21, JUNE 15, 1999 PAGE 9 1999, one proposal (from Dewan, Lundin & Associates) was received and Charles Abott Associates provided a written response that due to their current workload, they are unable to respond to our RFP. At this time the City proposes to award the construction administration/inspection services contract to Dewan, Lundin & Associates. Recommended Action: It is recommended that the City Council award the construction administration/ inspection services contract to Dewan, .Lundin & Associates for a) the Ambushers Street Drainage Improvement Project, in an amount not -to -exceed $8,312 and provide a contingency amount of $3,000 for contract amendment(s) to be approved by the City Manager, for a total authorization amount of $11,312 and b) the Meadowglen Road Public Street Improvements Project, in an amount $10,720 and provide a contingency amount of $3,000 for contract amendment(s) to be approved by the City Manager, for a total authorization amount of $13,720. Requested by: Engineering Division 6.11 (A) RESOLUTION NO. 99 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING SPECIFICATIONS FOR THE AREA 1 SLURRY SEAL PROJECT IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS (B) RESOLUTION NO. 99 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING SPECIFICATIONS FOR THE AREA 1 ASPHALT RUBBER AGGREGATE MEMBRANE (ARAM) OVERLAY PROJECT IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS - On May 4, 1999, the City Council approved specifications and authorized the City Clerk to advertise to receive bids for the Area 1 Slurry Seal project. Notice to bidders was advertised on May 10, 1999. In response to the advertisements, a total of eight contractors obtained the project specifications. On June 1, 1999, two bids were received from Manhold Adjusting, Inc. and California Pavement Maintenance. To allow and encourage more competitive bids, staff recommends that the Asphalt Rubber and Aggregate Membrane (ARAM) application be separated into a separate project. A potential cost savings in the range of $39,000 to $55,000 may be realized. JUNE 15, 1999 PAGE 10 Recommended Action: It is recommended that the City Council a) reject all bids, b) adopt Resolution No. 99 - XX approving specifications for the Area 1 Slurry Seal Project in said City and directing the City Clerk to Advertise to Receive bids, and c) adopt Resolution No. 99 -XX approving Specifications for the Area 1 ARAM Overlay Project in said City and Authorizing and Directing the City Clerk to Advertise to Receive Bids. Requested by: Engineering Division 6.12 CONTRACT AMENDMENT WITH KLEINFELDER, INC. FOR GEOTECHNICAL INVESTIGATION/ENGINEERING SERVICES FOR THE MINNEQUA LANDSLIDE; APPOINTMENT OF A MINNEQUA LANDSLIDE COUNCIL SUB -COMMITTEE - On November 3, 1998 the City entered into an agreement with Kleinfelder, Inc. for a geotechnical investigation and engineering services for the Minnequa Landslide. The City Council approved and authorized the allocation of CDBG funds for the investigation and remediation of the Landslide. Kleinfelder provided two reports, a geotechnical investigation of the slope failure common to Lots 51, 52, 77 and 79 adjacent to Minnequa Dr. and Sunset Crossing Rd. and a limited geotechnical reconnaissance and evaluation of common slope failures adjacent to 23837 Minnequa/Sunset Crossing Rd. The City Council conducted a study session regarding the reports on March 2, 1999 and requested supplemental comments regarding project alternatives and preliminary cost estimates. Due to the additional information requested, the scope of Kleinfelder's contract was expanded. Kleinfelder requests a budget increase due to additional drilling cost, additional consultation meetings, and preliminary cost analyses of optional repair plans. Recommended Action: It is recommended that the City Council 1) Approve a contract amendment with Kleinfelder, Inc. for the additional geotechnical investigation/engineering services in an amount not to exceed $6,620; and 2) Appoint a Council Sub -Committee to review alternatives and to make recommendations to the City Council. Requested by: Engineering Division 6.13 AWARD OF PROFESSIONAL DESIGN SERVICES FOR CHINOOK PLACE/SAN LEANDRO DRIVE (AND VICINITY STREETS INCLUDING COVERED WAGON DRIVE, BALLENA DRIVE, BREGANTE DRIVE) DRAINAGE IMPROVEMENT PROJECT - On May 7, 1999, the Community and Development Services Department -Public Works Division solicited proposals for professional JUNE 15, 1999 PAGE 11 design services for Chinook P1./San Leandro Dr.(and vicinity streets including Covered Wagon Dr., Ballena Dr., Bregante Dr.). On May 21, 1999, one proposal from Dewan, Lundin & Associates (DL&A) was received and Charles Abbot Associates provided a written response that due to their current workload, they are unable to respond to our RFP. Based on DL&A's previous experience with seepage improvements design, staff recommends awarding the professional design services for Chinook Pl./San Leandro Dr. (and vicinity streets including Covered Wagon Dr., Ballena Dr. Bregante Dr.) to DL&A. Recommended Action: It is recommended that the City Council award the engineering services contract to Dewan, Lundin & Associates for Professional Design Services for Chinook P1./San Leandro Dr. (and vicinity streets including Covered Wagon Dr., Ballena Dr., Bregante Dr.), in an amount not -to -exceed $49,160 and provide a contingency amount of $840 for contract amendment(s) to be approved by the City Manager, for a total authorization amount of $50,000. Requested by: Engineering Division 6.14 MAINTENANCE OF XEROX COPY MACHINES FOR FY 1999-00 - In June, 1998, the City purchased two copy machines (Xerox 5100) from the Xerox Corp. At this time, the City also entered into a three year contract for the maintenance of the two copy machines. For the FY 1999-00, the City will need to establish an open Purchase Order in the amount of $18,000 for copy machine maintenance. This amount is based on the Monthly Base Fee($396.55 per machine) and the Cost per Copy Fee ($.0107). Recommended Action: It is recommended that the City Council establish an open Purchase Order in the amount Of $18,000 with the Xerox Corp. for the maintenance of Xerox copy machines for the FY 1999-00. Requested by: City Manager 6.15 PURCHASE OF GENERAL OFFICE SUPPLIES FOR FY 1999-00 - The City annually sends Request for Proposals (RFP's) to various supply companies to propose pricing on items which are most frequently purchased by the City. In March, 1999, the City sent out nineteen packages to various suppliers. The package included a product list, which encompasses approximately 96 products that the City purchases regularly. Five supply companies responded to the RFP. Staff reviewed each of the five overall packages to determine which company proposed JUNE 15, 1999 PAGE 12 the highest number of lowest and second lowest prices. In evaluating the supply companies' proposals, Staples ranked highest in the total number of lowest and second lowest prices. Recommended Action: It is recommended that the City Council after reviewing proposals from five supply companies, establish an open Purchase Order in the amount of $15,000 with Staples for the purchase of general office supplies for FY 1999-00. The majority of everyday, consumable products will be purchase from Staples. However, larger items (office furniture and equipment) will continue to be awarded on a bid basis. Requested by: City Manager 6.16 APPROVAL OF INCREASE IN CONTRACT WITH PAUL WRIGHT FOR AUDIO-VISUAL SERVICES - To enable the City to utilize the South Coast Air Quality Management District (AQMD) Auditorium, the City must contract with the AQMD audio visual specialist, Paul Wright. Mr. Wright has been providing audio-visual services for the City Council, Planning Commission and Town Hall meetings. The City pays $35.00 per hour for meetings and support services (tape duplication). Currently the City has paid $9,750 in services to Mr. Wright through the City Council meeting of May 18, 1999. There are seven meetings still to be conducted and/or invoiced (3 City Council, 3 Planning Commission and a Town Hall Meeting). Due to the meetings still to be invoiced, Mr. Wright will exceed the $10,000 City Managers authority. To complete this year, an additional $2,000 will be required. Recommended Action: It is recommended that the City Council approve an increase in the contract (purchase order) for Paul Wright for $2,000 for a total contract of $12,000. Requested by: City Manager 6.17 PROPOSITION A LOCAL RETURN FUND, PROPOSITION C LOCAL RETURN FUND AND TRANSPORTATION DEVELOPMENT ACT AUDITS FOR THE FISCAL YEARS ENDED JUNE 30, 1998 AND 1997 - The City's Proposition A Local Return (Prop A), Proposition C Local return (Prop C) and Transportation Development Act funds (TDA) are required to be audited on an annual basis. The audit for FY ended June 30, 1998 was completed in December 1998 by Simpson & Simpson, CPA. The final version of the audits were received in the City offices in June, 1999 and are being presented to JUNE 15, 1999 PAGE 13 Council for their review. Recommended Action: It is recommended that the City Council receive, accept and file Prop A Local Return Fund, Prop C Local Return Fund and TDA Fund Audit Reports for FY ending June 30, 1998 and 97. Requested by: Finance Division 6.18 BUDGET ADJUSTMENT FOR BUILDING AND SAFETY SERVICES - The FY 1998-99 Budget, estimates revenues for Building and Safety Services at $1,140,450 and Budget estimates expenditures of $684,270. Upon examination of construction trends based on project in progress in the area of residential and new multi -story office development activities (i.e. Tenant Improvement), the Building and Safety revenues are projected to exceed by $75,000 and expenditures by $45,000 for the remainder of FY 1998-99. A budget adjustment is necessary to document the anticipated increases and compensate the Building and Safety service contractor. Recommended Action: It is recommended that the City Council approve a budget adjustment increasing revenues for Building and Safety Services by $75,000 and expenditures by $45,000. Requested by: Planning Division 7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as matters may be heard. 7.1 (A) RESOLUTION NO 99 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 38 FOR THE FISCAL YEAR 1999- 2000 - The City Council at the May 18, 1999 meeting approved the Engineer's Report and adopted Resolution No. 99-33 to declare the City's intention to levy and collect assessments for Dist. No. 38. The City Council also set June 15, 1999 as the public hearing date on the levy of the proposed assessments on assessable lots within this District for FY 1999-00. The assessment for FY 1999-00 is proposed to remain at $15.00 per parcel. Recommended Action: It is recommended that the City Council open the public hearing, receive testimony, close the public hearing and adopt Resolution No. 99 -XX Levying an Assessment on Landscape Assessment District No. 38 for FY 1999-00. JUNE 15, 1999 PAGE 14 (B) RESOLUTION NO. 99 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 FOR THE FISCAL YEAR 1999-00 - The City Council at the May 18, 1999 meeting approved the Engineer's Report and adopted Resolution No. 99-34 to declare the City's intention to levy and collect assessments for Dist. No. 39. The City Council also set June 15, 1999 as the public hearing date on the levy of the proposed assessments on assessable lots within this District for FY 1999-00. The assessment for FY 1999-00 is proposed to remain at $130.00 per parcel. Recommended Action: It is recommended that the City Council open the public hearing, receive testimony, close the public hearing and adopt Resolution No. 99 -XX Levying an Assessment on Landscape Assessment Dist. No. 39 for the FY 1999-00. (C) RESOLUTION NO. 99 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 41 FOR THE FISCAL YEAR 1999-00 - The City Council at the May 18, 1999 meeting approved the Engineer's Report and adopted Resolution No. 99-35 to declare the City's intention to levy and collect assessments for Dist. No. 41. The City Council also set June 15, 1999 as the public hearing date on the levy of the proposed assessments on assessable lots within this District for FY 1999-00. The assessment for FY 1999-00 is proposed to remain at $220.50 per parcel. Recommended Action: It is recommended that the City Council open the public hearing, receive testimony, close the public hearing and adopt Resolution No. 99 -XX Levying an Assessment on Landscape Assessment Dist. 41 for the FY 1999-00. Requested by: Engineering Division 7.2 (A) CONTINUED HEARING FROM JUNE 1, 1999 - RESOLUTION NO. 99 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING AND ADOPTING A BUDGET FOR THE CITY OF DIAMOND BAR FOR THE FISCAL YEAR COMMENCING JULY 1, 1999 AND ENDING JUNE 30, 2000 INCLUDING MAINTENANCE AND OPERATIONS, SPECIAL FUNDS AND CAPITAL IMPROVEMENTS AND APPROPRIATING FUNDS FOR ACCOUNTS, DEPARTMENTS, DIVISIONS, OBJECTS AND PURPOSES THEREIN SET FORTH. JUNE 15, 1999 PAGE 15 Recommended Action: It is recommended that the City Council open the public hearing, receive testimony and adopt Resolution No. 99 -XX approving and adopting a Budget for the Fiscal Year Commencing July 1, 1999 and ending June 30, 2000 including Maintenance and Operations, Special Funds and Capital Improvements and Appropriating Funds for Accounts, Departments, Divisions, Objects and Purposes Therein Set Forth. (B) RESOLUTION NO. 99 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALFORNIA, ADOPTING THE STATEMENT OF INVESTMENT POLICY - Submitted for the City Council's review and approval is the Proposed Investment Policy for FY 1999-00, and resolution. Recommended Action: It is recommended that the City Council adopt Resolution No. 99 -XX which adopts the FY 99-00 Investment Policy. (C) RESOLUTION NO. 99 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALFORNIA, SETTING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 1999-2000 FOR THE CITY OF DIAMOND BAR IN ACCORDANCE WITH THE PROVISIONS OF DIVISION 9 OF TITLE 1 OF THE GOVERNMENT CODE - Submitted for Council's review and approval is the Appropriations Limit recommendation for FY 1999-00. In addition, the Council is being asked to approve the adjustment factors used in the calculations of the Appropriations Limit. Recommended Action: It is recommended that the City Council approve the use of the County of L.A. population percentage change for use in calculating the FY 1999-00 Appropriations Limit; approve the use of the California Per Capita Income percentage change in calculating FY 1999-00 Appropriations Limit; and adopt Resolution No. 99 -XX, which establishes the FY 1999-00 Appropriations Limit at $17,561,562. Requested by: Finance Division 8. OLD BUSINESS: 8.1 SECOND READING OF ORDINANCE 2A(1995): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE PURCHASING SYSTEM - On June 1, 1999, the City Council approved for first reading Ordinance No. 2A(1995) amending the purchasing system. The amendments include: increasing the City Manager's purchasing authority from $10,000 to $15,000 and JUNE 15, 1999 PAGE 16 increasing the limit for Purchase Orders from the petty cash limit of $50.00 to $500.00. The City Council Finance Sub -Committee reviewed a survey of 18 cities, and the City Manager's purchasing authority averaged $21,250. The average threshold for purchase orders was approximately $1,600. The increase in the City Manager's authority and Purchase Order limit will be for items that are budgeted. Recommended Action: It is recommended that the City Council approve for second reading by title only, waive full reading and adopt Ordinance No. 2A(1995) amending the Purchasing System. Requested by: MPT/O'Connor and C/Herrera - City Council Finance Subcommittee 8.2 UPDATE ON LANTERMAN DEVELOPMENTAL CENTER FORENSIC FACILITY PROJECT. Requested by: City Council 8.3 TOWN HALL/COMMUNITY MEETINGS INFORMING RESIDENTS AND BUSINESSES OF CHANGES TO THE CITY CODE AFFECTING WASTE PREVENTION AND RECYCLING PROGRAMS, AND WASTE HAULER PERMITTING - City staff has proposed a draft ordinance amending the City Code that will affect waste hauler permitting, and waste prevention and recycling programming in the City. Amendments address yard waste collection, rate restructuring for residential and commercial accounts, refuse containers and an automated collection system, public education, selection of a single residential sector service provider, and mandatory recycling service provisions for all generating sectors. To properly inform and educate the community regarding the proposed draft ordinance and the likely changes in programming, the City will provide a series of three informative community meetings. The meetings will be open to the public, and advertised through a variety of outreach media. The first meeting will be held Saturday, July 10, 1999, 9- 11 a.m. tentatively.at Golden Springs Elementary School, and the second meeting will be held Saturday, July 24, 1999, 9-11 a.m. at Heritage Park Community Center. The City Council will hold a Council Study Session on Tuesday, August 3, 1999, at 4 p.m. at the South Coast Air Quality Management District Auditorium. The City's consultant will make a formal presentation at each of the meetings, and City Council and staff will be available to answer questions from the public. JUNE 15, 1999 PAGE 17 Recommended Action: It is recommended that the City Council approve the solid waste outreach program and schedule, and direct staff to make all necessary arrangements and publicity. Requested by: Engineering Division 9. NEW BUSINESS: 9.1 RESOLUTION NO.99-XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING THE DIAMOND BAR COMMUNITY PATROL TO CONDUCT DISABLED PARKING ENFORCEMENT - The purpose of the recommended action is to authorize the D.B. Community Volunteer Patrol to conduct disabled parking enforcement. Pursuant to Section 22507.9 of the State of California Vehicle Code, Local authorities may establish a special enforcement unit for the sole purpose of providing adequate enforcement of Section 22507.8 and local ordinances and resolutions adopted pursuant to Section 22511.7". Specifically, the Special Enforcement Unit will consist of the members of the D.B. Community Volunteer Patrol. The volunteers will perform their normal duties and, in addition, supplement the current disabled parking enforcement performed by the Los Angeles County Sheriff's Department. Recommended Action: It is recommended that the City Council adopt Resolution No. 99 -XX Authorizing the D.B. Community Volunteer Patrol to Conduct Disabled Parking Enforcement. Requested by: City Manager 9.2 RESOLUTION NO. 99 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE CITY -COUNTY MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT BETWEEN THE CITY OF DIAMOND BAR AND THE COUNTY OF LOS ANGELES AND REQUESTING SAID SERVICES PURSUANT TO THIS AGREEMENT - Since incorporation, the City has provided law enforcement services by L.A. County Sheriff's Department through a Law Enforcement Services Agreement with the County of L.A. The current agreement will expire on June 30, 1999. The Sheriff's Department has submitted an agreement, which will continue the law enforcement services through June 30, 2004. Each year the City Council determines the law enforcement service level through the budget process. The proposed agreement has not been altered. The agreement contains a termination clause, general law enforcement services, unit contract price for 1999-00, and the inclusion of the previously signed assumption of liability JUNE 15, 1999 PAGE 18 agreement. Recommended Action: It is recommended that the City Council approve and adopt Resolution No. 99 -XX approving the City -County Municipal Law Enforcement Services Agreement between the City and the County of L.A. and Requesting said Services pursuant to this Agreement. Requested by: City Manager 9.3 (A) ORDINANCE NO. 0X(1999): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING BY REFERENCE TITLE 32, FIRE CODE, OF THE LOS ANGELES COUNTY CODE; MAKING AMENDMENT TO SAID CODE; AMENDING TITLE 16 OF THE DIAMOND BAR MUNICIPAL CODE; AND DECLARING THE URGENCY THEREOF (B) ORDINANCE NO. 0X(1999): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING BY REFERENCE TITLE 32, FIRE CODE, OF THE LOS ANGELES COUNTY CODE; MAKING AMENDMENT TO SAID CODE; AMENDING TITLE 16 OF THE DIAMOND BAR MUNICIPAL CODE - The County of L.A. Fire Department is currently providing fire protection for the City as a member of the Consolidated Fire Protection District. On June 1, 1999 the L.A. Board of Supervisors adopted and amended the 1998 California Fire Code. The.Uniform Fire Code is revised and updated by the State every three years and adopts the most current Fire Codes printed by the International Fire Code Institute, the International Conference of Building Officials and Western Fire Chief Assn. The 1998 California Fire Code has been completely revised from previous years. The revision of the Fire Code is consistent with the revisions of the Building Codes. Local jurisdictions are required to adopt said codes by ordinance within six months upon state approval or they will automatically be adopted by operation of law. The State allows local municipalities to amend the California Fire Code to meet the unique climatic, geographical, and topgraphical conditions of the City. Recommended Action: It is recommended that the City Council receive staff presentation, accept public testimony, waive further reading and introduce Ordinance No. 0X(1999) for adoption on an urgency basis and introduce for first reading by title only, waive full reading of Ordinance No. OX(1999)(non-urgency). Requested by: Planning Division JUNE 15,.1999 PAGE 19 9.4 THE FOLLOWING PIECES OF CURRENTLY PROPOSES STATE LEGISLATION ARE RECOMMENDED FOR THE CITY OF DIAMOND BAR'S CITY COUNCIL SUPPORT: Assembly Bill 18 (AB18),(Villaraigosa) SUPPORT - This legislation proposes a $1.5 billion urban parks, clean water and coastal protection bond act. If passed, this bond act proposal would be placed on the November, 2000 ballot for voter consideration and approval. If the voters approve this bond act proposal, $1.5 billion in general obligation bonds would be sold to finance a variety of urban parks, clean water and coastal protection projects. It is recommended that AB 18 be supported. Assembly Bill 1355 (AB1355), (Havice) and Senate Bill (SB 216), (Solis) SUPPORT - Both these legislative proposals seek to create a San Gabriel and Lower L.A. Rivers and Mountains Conservancy. The City had previously adopted policy guidelines, which would have had to be met, if the City were to support either or both of these pieces of legislation. With recent amendments to these bills, the League of California Cities -Los Angeles County Division has determined that the policy guidelines have been satisfied; and, has acted to support both AB 1355 and SB 216. Briefly, both proposals would have governing boards with a majority of elected officials, would not eminent domain powers and would require a city in which a project is proposed to give its written consent to the project. The amended bills now meet the policy guidelines. Therefore, it is recommended that AB 1355 and SB 216 be supported, as amended. Requested by: C/Ansari and C/Herrera - Legislative Sub -Committee RECESS TO REDEVELOPMENT AGENCY Next Resolution No. RA99-05 1. CALL TO ORDER: Chairman ROLL CALL: Agency Members Chang, Herrera, O'Connor, VC/Huff, C/Ansari 2. PUBLIC C0144ENTS: "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 JUNE 15, 1999 PAGE 20 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 Aaencv. 3. CONSENT CALENDAR: 3.1 APPROVAL OF MINUTES - Regular Meeting of June 1, 1999 - Approve as submitted. Requested by: City Clerk 3.2 VOUCHER REGISTER - Approve Voucher Register dated June 15, 1999 in the amount of $7,238.00. Requested by: Finance Division 4. PUBLIC HEARINGS: 5. OLD BUSINESS: 5.1 RESOLUTION NO. RA99-XX: A RESOLUTION OF THE DIAMOND BAR REDEVELOPMENT AGENCY APPROVING AND ADOPTING A BUDGET FOR THE DIAMOND BAR REDEVELOPMENT AGENCY FOR THE FISCAL YEAR COMMENCING JULY 1, 1999 AND ENDING JUNE 30, 2000, INCLUDING THE APPROPRIATION OF FUNDS FOR ACCOUNTS, DEPARTMENTS, DIVISIONS, OBJECTS AND PURPOSES THEREIN SET FORTH - The FY 1999-00 D.B. Redevelopment Agency budget is proposed to be $1,264,600 With the Economic Revitalization Area Plan adopted and being implemented, it is proposed that staff related costs be allocated to the DBRDA ($153,000). Other major expenditures are for General Counsel services ($50,000) and Professional Services ($100,000) for the preparation of an economic development strategic plan, a commercial rehabilitation program, a business retention program, and a housing program. The capital improvement projects budgeted this fiscal year include the Golden Spgs. Rd. - Brea Canyon Rd. to Westerly City Limit project ($429,000) and Brea Canyon Rd. - Pathfinder to Southerly City Limit project ($500,000). There could be several other capital improvement projects funded by the DBRDA, e.g., traffic signal and/or landscape beautification projects, in this fiscal year, depending upon the decisions of the Board of Directors. Recommended Action: It is recommended that the Redevelopment Agency Board of Directors adopt Resolution No. RA99-XX adopting,a Budget for the FY commencing July 1, 1999 and ending June 30, 2000, JUNE 15, 1999 PAGE 21 including the Appropriation of Funds for Accounts, Departments, Divisions, Objects and purposes therein set forth. Requested by: Finance Division 6. NEW BUSINESS: None 7. AGENCY MEMBER COMMENTS: Items raised by individual Agency Members are for Agency discussion. Direction may be given at this meeting or the item may be scheduled for action at future meeting. RECONVENE CITY COUNCIL MEETING: 10. COUNCIL SUB -COMMITTEE REPORTS: 11. COUNCIL MEMBER COMMENTS: Items raised by individual Council Members are for Council discussion. Direction may be given at this meeting or the item may be scheduled for action at a future meeting. 12. ADJOURNMENT: Q TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: CITY CLERK DATE: LILZ 2� 2 PHONE: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK y� FROM:DATE: y ADDRESS: PHONE: ORGANIZATION: AGENDA #/SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature D TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL CITY CLERK LA DATE: C PHONE:y rU r c fA. AGENDA #/SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: r , r DATE: ADDRESS: PHONE: ORGANIZATION: AGENDA #/SUBJECT: I expect to address the Council on name and address as written above e Council Minutes reflect my c = z -Y oF' a a, ,rivrrU "QUICK CAP" MINUTES JUNE 15, 1999 STUDY SESSION: M/Chang opened the Study Session at 5:10 p.m., AQMD Room CC -2. a) FY 1999-00 Budget b) Code Enforcement Present: Council Members Ansari, Herrera, Huff, MPT/O'Connor and Mayor Chang. Also present were: Terrence L. Belanger, City Manager, James DeStefano, Deputy City Manager; David Liu, Deputy Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Mike Nelson, Communications & Marketing Director; Tommye Cribbins, Deputy City Clerk; Richard Martinez, Walnut Sheriff Captain; Bill Flannery, Walnut Sheriff Sergeant; Kellee Fritzal, Assistant to the City Manager; Anne Haraksin, Administrative Assistant; Rose Manela, Assistant Civil Engineer and Al Flores, Code Enforcement Officer. STUDY SESSION ADJOURNED: Mayor Chang adjourned the meeting at 6:30 p.m. 1. CLOSED SESSION: None 2. CALL TO ORDER: Mayor Chang called the meeting to order at 6:44 p.m. in the Auditorium of the SCAQMD, 21865 E. Copley Dr., Diamond Bar, CA. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mike Goldenberg. INVOCATION: Reverend Ted Meyers, ELCA, Shepherd of the Hills Lutheran Church ROLL CALL: Council Members Ansari, Herrera, Huff, Mayor Pro Tem O'Connor, 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; Linda Magnuson, Finance Director; Mike Nelson, Communications & Marketing Director and Tommye Cribbins, Deputy City Clerk. APPROVAL OF AGENDA: No changes were made to the Agenda. 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Presented Certificates of Recognition to the 1999 California Distinguished Schools - Principals Jan JUNE 15, 1999 PAGE 2 Keating, Chaparral Middle School, Carol Eckeart- Willner, Lorbeer Middle School and Marlene Ministeri, South Pointe Middle School. 3.2 Presented Certificates of Recognition to Jennifer Suban, 8th Grade Lorbeer Middle School and Shannon Wright, 6th Grade Chaparral Middle School recipients of the "All American Scholar" Award. 3.3 Presented Certificates of the Recognition to Community Patrol Volunteers Margie Brouse, Ignacio Covarrubias, Ray Engelke, Teodoro Galelli, Mike Goldenberg and Mike Miller for accumulating 1000 hours. 3.4 Presented City Tile to D.B. 1St Ward Relief Society, Women's organization of the Church of Jesus Christ of Latter-day Saints; and Certificates of Recognition to: Charlene Law, Karen Pinkleman, Caprece Hart, Vida Kilburn, Donna Aquila, Ann Winward, Sylvia Summers, Sonya Neal, Yvonne Bryan, Danelle Prince, Esther Barry, Joanne Vorkink, Joyce Rauch, Linda Stevenson, Nonie Bruner, Cula Farnsworth, Karlene Edwards, Valerie Chamberlain and Diane Diaz, members of the D.B. Vt Ward Relief Society for designing and piecing together 157 quilts, beginning March 1998 to March of 1999, for needy children. 4. PUBLIC COMMENTS: 5. SCHEDULE OF FUTURE EVENTS: 5.1 9th ANNUAL CONCERT IN THE PARKS - First in the series of 10 Concerts - June 16, 1999 - 6:30 - 8:00 p.m., SOUTHLAND BAND (Contemporary), Sycamore Canyon Park, 22930 Golden Spgs. Rd. 5.2 HOUSEHOLD HAZARDOUS WASTE ROUNDUP - June 19, 1999 - 9:00 a.m. - 3:00 p.m., U.S. Postal Services Processing Center, 15421 Gale Ave., City of Industry. 5.3 SMALL BUSINESS SEMINAR IN CONJUNCTION WITH THE DIAMOND BAR CHAMBER OF COMMERCE - (Second in a Series) - June 22, 1999, 7:00 p.m. - 9:00 p.m., - AQMD Room CC -6, 21865 E. Copley Dr. 5.4 PLANNING COMMISSION - June 22, 1999 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.5 CONCERTS IN THE PARK - UPSTREAM (Reggae) - June 23, 1999 - 6:30 - 8:00 p.m., Sycamore Canyon Park, 22930 Golden Spgs. Dr. JUNE 15, 1999 PAGE 3 5.6 PARKS & RECREATION COMMISSION - June 24, 1999 - 7:00 P.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.7. LANTERMAN TASK FORCE MEETING - June 28, 1999 - 6:30 P.m., AQMD, 21865 E. Copley Dr. 5.8 SPECIAL CITY COUNCIL MEETING - June 29, 1999 - 6:30 P.m., Civic/Community Center, AQMD Auditorium, 21865 E. Copley Dr. 5.9 CONCERTS IN THE PARK - LONG BEACH JR. CONCERT BAND (Patriotic) - June 30, 1999 - 6:30 - 8:00 p.m., Sycamore Canyon Park, 22930 Golden Spgs. Dr. 5.10 4TH OF JULY HOLIDAY - City Offices will be closed Monday, July 5, 1999 in observance of the Holiday. City Offices will reopen Tuesday, July 6, 1999. 5.11 CITY COUNCIL MEETING - July 6, 1999 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. CM/Belanger stated that the City Council Meeting of June 1, 1999 would be re -broadcast on Saturday, June 19, 1999 at 9:00 a.m, and the June 15, 1999 meeting would be re -broadcast at 12:30 p.m. the same day. He further indicated that the Lanterman Town Hall Meeting would be re -broadcast 3 times beginning June 21, June 28 and July 5, 1999 at 6:00 p.m. 6. CONSENT CALENDAR: Moved by C/Huff, seconded by C/Ansari to approve the Consent Calendar, with the exception of Items 6.1, 6.5, 6.6., 6.7 a, d, and e, 6.11., 6.12 and 6.14 . MPT/O'Connor indicated that she would be recusing herself from voting on P.O. 8746 for $135.00, P.O. 8745, $250.06, P.O. 8760 for $242.35 and P.O. 8726 for $73.32 as these pertain to Lanterman. Motion carried 5-0. 6.2 RECEIVED AND FILED PARKS & RECREATION COMMISSION MINUTES - Regular Meeting of April 22, 1999. 6.3 APPROVED VOUCHER REGISTER - dated June 15, 1999 in the amount of $219,413.88. 6.4 GRADING PERMIT BOND (FAITHFUL PERFORMANCE, LABOR & MATERIAL) AND FAITHFUL PERFORMANCE BOND FOR CORRECTIVE GEOLOGIC IMPROVEMENTS FOR TRACT 43162 IN DIAMOND BAR - a) approved exoneration of Grading Permit Bond, in the amount of $146,300 and Faithful Performance Bond for Corrective Geologic Improvements in the amount of $114,800 for Tract No. 43162 and b) directed the City Clerk to notify the owner and Surety of this action. JUNE 15, 1999 PAGE 4 6.7 EXTENSION OF MAINTENANCE CONTRACTS FOR: (B) APPROVED EXTENSION OF GRAFFITI REMOVAL CONTRACT WITH GRAFFITI CONTROL SYSTEMS - for graffiti removal in D.B. for FY 1999-00 in an amount not to exceed $35,000($30 per site/1,160 sites). (C) APPROVED EXTENSION OF CITY-WIDE STREET TREE MAINTENANCE CONTRACT - to West Coast Arborists, Inc., in an amount not to exceed $80,000 for the 1999-00 FY. 6.8 AWARDED CONSTRUCTION CONTRACT FOR THE MEADOWGLEN ROAD PUBLIC STREET IMPROVEMENTS PROJECT - To Gentry Bros., Inc. for the Meadowglen Road Public Street Improvement Project, in an amount not to exceed $241,760 and authorized a contingency amount of $25,000 for project change orders to be approved by the City Manager, for a total authorization amount of $266,760. 6.9 AWARDED CONSTRUCTION CONTRACT FOR THE AMBUSHERS STREET DRAINAGE IMPROVEMENTS PROJECT - To B.R. Day Construction, Inc. for the Ambushers Street Drainage Improvement Project, in an amount not to exceed $168,235 and authorized a contingency amount of $17,000 for project change orders to be approved by the City Manager, for a total authorization amount of $185,235. 6.10 AWARDED CONSTRUCTION CONTRACT ADMINISTRATION/INSPECTION SERVICES FOR THE AMBUSHERS STREET DRAINAGE IMPROVEMENT PROJECT AND THE MEADOWGLEN ROAD PUBLIC STREET IMPROVMENTS PROJECT - to Dewan, Lundin & Associates for a) the Ambushers Street Drainage Improvement Project, in an amount not to exceed $8,312 and provide a contingency amount of $3,000 for contract amendment(s) to be approved by the City Manager, for a total authorization amount of $11,312 and b) the Meadowglen Road Public Street, in an amount not to exceed $10,720 and provide a contingency amount of $3,000 for contract amendment(s) to be approved by the City Manager, for a total authorization amount of $13,720. 6.13 AWARDED PROFESSIONAL DESIGN SERVICES FOR CHINOOK PLACE/SAN LEANDRO DRIVE (AND VICINITY STREETS INCLUDING COVERED WAGON DRIVE, BALLENA DRIVE, BREGANTE DRIVE) DRAINAGE IMPROVEMENT PROJECT - To Dewan Lundin & Associates for professional design services for Chinook P1/San Leandro Dr. (and vicinity streets including Covered Wagon Dr., Ballena Dr., Bregante Dr.), in an amount not to exceed $49,160 and provide a contingency amount of $840 for contract amendment(s) to be approved by the City Manager, for a total authorization amount of $50,000. JUNE 15, 1999 PAGE 5 6.15 APPROVE PURCHASE OF GENERAL OFFICE SUPPLIES FOR FY 1999-00 - Establish an open Purchase Order in the amount of $15,000 with Staples for the purchase of general office supplies for FY 1999-00. 6.16 APPROVED INCREASE IN CONTRACT WITH PAUL WRIGHT FOR AUDIO-VISUAL SERVICES - for $2,000 for a total contract of $12,000. 6.17 RECEIVED, ACCEPTED AND FILED PROPOSITION A LOCAL RETURN FUND, PROPOSITION C LOCAL RETURN FUND AND TRANSPORTATION DEVELOPMENT ACT AUDITS FOR THE FISCAL YEARS ENDED JUNE 30, 1998 AND 1997. 6.18 APPROVED BUDGET ADJUSTMENT FOR BUILDING AND SAFETY SERVICES - increasing revenues for Building and Safety Services by $75,000 and expenditures by $45,000. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.1 APPROVAL OF MINUTES - Regular Meeting of June 1, 1999 - C/Ansari asked for a correction on Page 14, Item 9.2., the vote on the item was 3 Ayes (Huff, MPT/O'Connor and M/Chang) and No's (Ansari and Herrera), she asked for the correction to be made. Continued to July 6, 1999. 6.5 AMENDMENT NO. 2 TO CONTRACT WITH ARMENTROUT CONSULTANTS FOR EMERGENCY PREPAREDNESS SERVICES - Following discussion, C/Ansari moved, C/Herrera seconded to approve Amendment No. 2 to the Professional Services Agreement with Armentrout Consulting for Emergency Preparedness Services for one year in an amount not -to - exceed $16,640. Motion carried 5-0 6.6 a) EXTENSION OF CONTRACT FOR MINUTE SECRETARY SERVICES - Following discussion, C/Ansari moved, MPT/O'Connor seconded to authorize the City Manager to temporarily extend the agreement with Carol A. Dennis for Minute Secretary services for City Council, Planning Commission, Parks & Recreation Commission and Traffic & Transportation Commission meetings in the amount of $6,000 for the period July 1, 1999 through September 30, 1999. 6.7 EXTENSION OF MAINTENANCE CONTRACTS FOR: (A) EXTENSION OF WEED/LITTER ABATEMENT CONTRACT WITH LANTERMAN DEVELOPMENT CENTER - Following discussion, C/Herrera moved, MPT/O'Connor seconded to approve the extension of the contract with Community Industries Lanterman Developmental Center for supplemental weed and litter abatement in D.B. for FY 1999-00 for a total JUNE 15, 1999 PAGE 6 contract amount of $16,483 and include language in the contract, that the individuals doing the work, no forensic or severe behavioral patients will be included; and that the road crews will wear some identifiable clothing. Motion carried 5-0. (D) EXTENSION OF AS -NEEDED STREET TREE PLANTING SERVICES - Following discussion C/Huff moved, C/Ansari seconded to approve the extension of the contract for City-wide street tree maintenance to West Coast Arborists, Inc., in an amount not to exceed $10,000 for the 1999-00 FY and direct staff to bring back a tree replanting replacement program that is more comprehensive and proactive. Motion carried 5-0. (E) EXTENSION OF CITY-WIDE LANDSCAPE MAINTENANCE CONTRACT - Following discussion, C/Huff moved, C/Ansari seconded to approve the extension of the contract with Accurate Landscape & Maintenance for City-wide Landscape Maintenance Services for FY 1999-00, including the 2.5% C.P.I. increase, in the amount of $239,198.16; authorize a contingency not to exceed $65,000 for additional necessary work during the fiscal year; and, direct staff to bring back tree replanting replacement program that is more comprehensive and proactive. Motion carried 5-0. 6.11 (A) RESOLUTION NO. 99-45: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING SPECIFICATIONS FOR THE AREA 1 SLURRY SEAL PROJECT IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS - Following discussion, C/Ansari moved, C/Herrera seconded to adopt Resolution No. 99-45. Motion carried 5-0. (B) ADOPTED RESOLUTION NO. 99-46: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING SPECIFICATIONS FOR THE AREA 1 ASPHALT RUBBER AGGREGATE MEMBRANE (ARAM) OVERLAY PROJECT IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS - C/Ansari moved, C/Herrera seconded to adopt Resolution No. 99-46. Motion carried 5-0. 6.12 CONTRACT AMENDMENT WITH KLEINFELDER, INC. FOR GEOTECHNICAL INVESTIGATION/ENGINEERING SERVICES FOR THE MINNEQUA LANDSLIDE; APPOINTMENT OF A MINNEQUA LANDSLIDE COUNCIL SUB -COMMITTEE - Following discussion, MPT/O'Connor moved, C/Herrera seconded to approve the 1) contract amendment with Kleinfelder, Inc. for additional geotechnical investigation/engineering services in an amount not to exceed $6,620; and 2)appointment of both C/Ansari and MPT/O'Connor to the JUNE 15, 1999 PAGE 7 Council Sub -committee. Motion carried 5-0. 6.14 MAINTENANCE OF XEROX COPY MACHINES FOR FY 1999-00 - Following discussion, C/Ansari moved, C/Herrera seconded to approve the establishment of an open Purchase Order in the amount of $18,000 with the Xerox Corp. for maintenance of Xerox copy machines for the FY 1999-00. Motion carried 5-0. 7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as matters may be heard. (A) RESOLUTION NO 99-47: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 38 FOR THE FISCAL YEAR 1999- 2000 - John Friedrich with GFB-Friedrich & Associates gave a staff presentation. M/Chang opened the public hearing. No testimony received. M/Chang closed the public hearing. Following discussion by Council, C/Herrera moved, C/Ansari seconded to adopt Resolution Nos. 99-47 (Dist. 38) ,99-48 (Dist. 39) and 99-49 (Dist. 41.) Motion carried 5-0. (B) ADOPTED RESOLUTION NO. 99-48: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 FOR THE FISCAL YEAR 1999-00. (C) ADOPTED RESOLUTION NO. 99-49: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 41 FOR THE FISCAL YEAR 1999-00. 7.2 (A) CONTINUED PUBLIC HEARING FROM JUNE 1, 1999 - RESOLUTION NO. 99-50: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING AND ADOPTING A BUDGET FOR THE CITY OF DIAMOND BAR FOR THE FISCAL YEAR COMMENCING JULY 1, 1999 AND ENDING JUNE 30, 2000 INCLUDING MAINTENANCE AND OPERATIONS, SPECIAL FUNDS AND CAPITAL IMPROVEMENTS AND APPROPRIATING FUNDS FOR ACCOUNTS, DEPARTMENTS, DIVISIONS, OBJECTS AND PURPOSES THEREIN SET FORTH - CM/Belanger made a staff presentation. M/Chang opened the public hearing. Following public testimony, M/Chang closed the public hearing. Following Council discussion MPT/O'Connor moved, C/Herrera seconded to adopt the FY 1999-00 Budget including the amendments of the 2% salary increase and the increase for the dedicated Sergeant. Motion carried 5-0. JUNE 15, 1999 PAGE 8 MPT/O'Connor stated that she would be recusing herself from any budget item that deals with the Lanterman Forensic program. SUPERGRAPHIC DESIGN - Following discussion C/Huff moved, MPT/O'Connor seconded to include in the budget, $15,000 for supergraphic design - Motion failed 2-3 (Huff/O'Connor voting yes). C/Herrera stated that she was not opposed to the concept, just opposed to taking action at this time due to the decrease of funds in revenues that have been received in the past. Would like to take action at a later date. HOLIDAY BANNERS - Following Council discussion, and Council consensus, the matter was continued to July 6, 1999 Council meeting. (B) RESOLUTION NO. 99-51: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALFORNIA, ADOPTING THE STATEMENT OF INVESTMENT POLICY - Following discussion, MPT/O'Connor moved, C/Ansari seconded to adopt the FY 99-00 Investment Policy. Motion carried 5-0. (C) RESOLUTION NO. 99-52: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALFORNIA, SETTING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 1999-2000 FOR THE CITY OF DIAMOND BAR IN ACCORDANCE WITH THE PROVISIONS OF DIVISION 9 OF TITLE 1 OF THE GOVERNMENT CODE - Following discussion, C/Huff moved, MPT/O'Connor seconded to approve the use of the County of L.A. population percentage change for use in calculating the FY 1999-00 Appropriations Limit; approve the use of the California Per Capita Income percentage change in calculating FY 1999-00 Appropriations Limit; and adopt Resolution No. 99-52, which establishes the FY 1999-00 Appropriations Limit at $17,561,562. Motion carried 5-0. 8. OLD BUSINESS: 8.1 SECOND READING OF THE CITY COUNCIL THE PURCHASING SY moved, C/Herrera by title only, wa No. 2A(1995) amen carried 5-0. ORDINANCE 2A(1995): AN ORDINANCE OF OF THE CITY OF DIAMOND BAR AMENDING STEM - Following discussion, C/Ansari seconded to approve for second reading ive full reading and adopt Ordinance ding the Purchasing System. Motion JUNE 15, 1999 PAGE 9 8.2 UPDATE ON LANTERMAN DEVELOPMENTAL CENTER FORENSIC FACILITY PROJECT - MPT/O'Connor left the dais due to her recusing herself from any discussion of this item. A report by the Sub -committee was made. 8.3 TOWN HALL/COMMUNITY MEETINGS INFORMING RESIDENTS AND BUSINESSES OF CHANGES TO THE CITY CODE AFFECTING WASTE PREVENTION AND RECYCLING PROGRAMS, AND WASTE HAULER PERMITTING - CM/Belanger announced that the first meeting to inform the public of the recent changes to the City Ordinance related to the kinds of programs that the City Council is considering implementing as part of the recommendations that were made by the Solid Waste Task Force. The three meetings that have been established are: Diamond Point Elementary School, Saturday, July 10, 1999, 9-11 a.m. and the second meeting will be held Saturday, July 24, 1999, 9-11 a.m. at Heritage Park Community Center. The City Council will hold a Council Study Session on Tuesday, August 3, 1999, at 4 p.m. at the South Coast Air Quality Management District Auditorium. The City's consultant will make a formal presentation at each of the meetings, and City Council and staff will be available to answer questions from the public. C/Ansari moved, MPT/O'Connor seconded staff's recommendation. Motion carried 5-0. 9. NEW BUSINESS: 9.1 RESOLUTION NO.99-53: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING THE DIAMOND BAR COMMUNITY PATROL TO CONDUCT DISABLED PARKING ENFORCEMENT - Following discussion, C/Ansari moved, C/Huff seconded to adopt Resolution No. 99-54 Authorizing the D.B. Community Volunteer Patrol to Conduct Disabled Parking Enforcement. Motion carried 5-0. 9.2 RESOLUTION NO. 99-54: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE CITY -COUNTY MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT BETWEEN THE CITY OF DIAMOND BAR AND THE COUNTY OF LOS ANGELES AND REQUESTING SAID SERVICES PURSUANT TO THIS AGREEMENT - Following discussion, C/Ansari moved, C/Herrera seconded to approve and adopt Resolution No. 99-54 approving the City -County Municipal Law Enforcement Services Agreement between the City and the County of L.A. and Requesting said Services pursuant to this Agreement. Motion carried 5-0. JUNE 15, 1999 PAGE 10 9.3 (A) ORDINANCE NO. 07(1999): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING BY REFERENCE TITLE 32, FIRE CODE, OF THE LOS ANGELES COUNTY CODE; MAKING AMENDMENT TO SAID CODE; AMENDING TITLE 16 OF THE DIAMOND BAR MUNICIPAL CODE; AND DECLARING THE URGENCY THEREOF - Following discussion, C/Herrera moved, C/Ansari seconded to adopt Ordinance No. 07(1999). Motion carried 4-0-1 (C/Huff absent). (B) ORDINANCE NO. 08(1999): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING BY REFERENCE TITLE 32, FIRE CODE, OF THE LOS ANGELES COUNTY CODE; MAKING AMENDMENT TO SAID CODE; AMENDING TITLE 16 OF THE DIAMOND BAR MUNICIPAL CODE - C/Herrera moved, C/Ansari seconded to introduce Ordinance No. 08(1999) for first reading by title only, waive full reading of Ordinance No. 08(1999). Motion carried 4-0- 1 (C/Huff absent). 9.4 PROPOSED STATE LEGISLATION RECOMMENDED FOR THE CITY OF DIAMOND BAR'S CITY COUNCIL SUPPORT: Following discussion, the proposed legislation was considered: (A) Assembly Bill 18 (AB18), (Villaraigosa) - Following discussion and with consensus of Council this item was tabled. (B) Assembly Bill 1355 (AB1355), (Havice) and Senate Bill (SB 216),(Solis) - Following discussion, C/Herrera moved, C/Ansari seconded to approve support of AB 1355 and SB 216 if language is amended as anticipated. Motion carried 4-0-1 (MPT/O'Connor absent). MPT/O'Connor recused herself from voting on this matter. RECESS TO REDEVELOPMENT AGENCY 11:27 p.m. 1. CALL TO ORDER: order at 11:27 p.m. ROLL CALL: C/Ansari called the meeting to Agency Members Chang, Herrera, O'Connor, VC/Huff, C/Ansari Also present were: Terrence L. Belanger, Executive Director; Mike Jenkins, City Attorney; James DeStefano, Deputy City Manager; David Liu, Deputy Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Mike Nelson, Communications & Marketing Director and Tommye Cribbins, Deputy City Clerk. 2. PUBLIC COMMENTS: JUNE 15, 1999 PAGE 11 3. CONSENT CALENDAR: AM/O'Connor moved, AM/Chang seconded to approve the Consent Calendar as submitted. Motion carried 5-0. 3.1 APPROVED MINUTES - Regular Meeting of June 1, 1999. 3.2 APPROVED VOUCHER REGISTER - dated June 15, 1999 in the amount of $7,238.00. 4. PUBLIC HEARINGS: None 5. OLD BUSINESS: 5.1 RESOLUTION NO. RA99-05: A RESOLUTION OF THE DIAMOND BAR REDEVELOPMENT AGENCY APPROVING AND ADOPTING A BUDGET FOR THE DIAMOND BAR REDEVELOPMENT AGENCY FOR THE FISCAL YEAR COMMENCING JULY 1, 1999 AND ENDING JUNE 30, 2000, INCLUDING THE APPROPRIATION OF FUNDS FOR ACCOUNTS, DEPARTMENTS, DIVISIONS, OBJECTS AND PURPOSES THEREIN SET FORTH - Following discussion, VC/Huff moved, AG/Herrera seconded to adopt Resolution No. RA99-05 adopting a Budget for the FY commencing July 1, 1999 and ending June 30, 2000, including the Appropriation of Funds for Accounts, Departments, Divisions, Objects and purposes therein set forth. 6. NEW BUSINESS: None 7. AGENCY MEMBER C014,4ENTS: REDEVELOPMENT AGENCY ADJOURNMENT: 11:41 P.M. RECONVENE CITY COUNCIL MEETING: 11:41 P.M. 10. COUNCIL SUB -COMMITTEE REPORTS: 11. COUNCIL MEMBER COMMENTS: 12. ADJOURNMENT: With no further business to be conducted, M/Chang adjourned the meeting in memory of Rose Repar at 12:04 a.m. ` MIMUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR JUNE 11 1999 STUDY SESSION: 4:15 p.m., SCAQMD Room CC -2 Discussion of proposed Fiscal Year 1999-2000 Municipal Budget Present: 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; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Mike Nelson, Communications & Marketing Director; Lynda Burgess, City Clerk; Richard Martinez, Walnut Sheriff Captain, Bill Flannery, Walnut Sheriff Sergeant; Kellee Fritzal, Assistant to the City Manager; Anne Haraksin, Administrative Assistant; Rose Manela, Assistant Civil Engineer and Gina Tharani, Accountant ll. Study Session adjourned at 6:30 p.m. CLOSED SESSION: None 2. CALL TO ORDER: Mayor Chang called the City Council meeting to order at 6:47 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 Pro Tem 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; Linda Magnuson, Finance Director; Mike Nelson, Communications & Marketing Director and Lynda Burgess, City Clerk. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Jack Tanaka. INVOCATION: The Invocation was given by Reverend Mike Schuenemeyer, Diamond Bar Congregational Church. APPROVAL OF AGENDA: The Council concurred to move Items 8.1, 8.2, 8.3 and 8.4 to immediately following Public Comments. 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Chorale Presentation by students of Diamond Point Elementary School. JUNE 1, 1999 PAGE 2 3.2 Presented Commendation to Deputy Mark Stephens, L.A. County Sheriffs Department, Walnut Station, for his dedication to service, expertise and persistence in preventing a crime. 4. PUBLIC COMMENTS: Marlene Roth, Planning Consultant, The Roth Group, presented an update on the Community/Civic Center Task Force's activities. She stated that the Task Force will provide an information and citizen feedback booth at the SCAQMD on Saturday, June 5 from 10:00 a.m. to 1:00 P.M. MATTERS MOVED FORWARD ON THE AGENDA: MPT/O'Connor recused herself from deliberation on Items 8.1 and 8.2 and left the dais. 8.1 UPDATE ON LANTERMAN DEVELOPMENTAL CENTER FORENSIC FACILITY PROJECT - presented by CM/Belanger. C/Huff requested that Sheriff Lee Baca send a follow-up letter to the Governor and Speaker of the Assembly regarding security concerns. C/Ansari asked that a letter be sent to the Mayor, City Council and Assembly representatives of the City of Porterville since they need an expanded facility in their community. 8.2 APPROVAL OF CONTRACT WITH ROBERT BEIN, WILLIAM FROST & ASSOCIATES FOR GRAPHIC DESIGN SERVICES OF LANTERMAN DEVELOPMENTAL CENTER EXPANSION - The proposed Lanterman Developmental Forensic Expansion Project includes a prison -like compound. To visually demonstrate the proposed compound (two 16' fences, 15' apart, with four 27' guard towers), the City requested proposals from firms which could graphically illustrate, (three-dimensional) the final design. Robert Bein, William Frost & Assoc., (RFB) is the only firm that can meet the City's requirements, including time frame and dimensional models of the compound. RFB has photographed the proposed site, reviewed the environmental documents and architectural plans. Based on the review, the following 3 dimensional models will be created: Typical observation posts; new day training activity center #1 and #2; new control building; typical perimeter light standards; new roads and walk -way; and new double perimeter security fence. The models will be cometa within two weeks. Under purchasing shall of exceed $10,000 without prior'contracts awarded to a singlengle vendor authorization from Council. Continued from May 18, 1999. Martha Bruske felt that this item should not be reconsidered since Council voted against it at the May 18 meeting. Sue Sisk supported approval of this contract. She thanked Council Members and residents for their support at last Saturday's protest. She also thanked the Task Force members for their time and commitment to the issue. She announced upcoming events related to the expansion protest and the surrounding communities JUNE 1, 1999 PAGE 3 that oppose the project. Dr. Lawrence Rhodes pointed out that the first speaker was incorrect. The Council voted at its May 18 meeting 2-1 for approval. However, the matter requires three votes for approval. He asked that copies of the visual illustration of the proposed compound be made available to the public. In response to M/Chang, CA/Jenkins explained that the matter was continued to tonight's meeting, which is a perfectly appropriate procedure. Moved by C/Herrera, seconded by C/Huff, to approve a contract with Robert Bein, William Frost & Associates in an amount not to exceed $11,450, authorize the City Manager to sign the contract and approve a budget adjustment for said amount and direct staff to invite the Cities of Pomona and Walnut to share in the development and use of the model. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, M/Chang NOES: COUNCIL MEMBERS - None ABSTAIN: COUNCIL MEMBERS - MPT/O'Connor ABSENT: COUNCIL MEMBERS - None MPT/O'Connor returned to the dais. 8.3 LEGISLATIVE RECOMMENDATIONS: Continued from May 18, 1999. AB 38 (Washington) and SB 98 (Alarcon) - The proposals would require the SCAQMD to create an Office of Technology Advancement to administer the clean-buming fuels program and require establishment of a thirteen member advisory group to make recommendations to the Office of Technology Advancement. Further, it would extend the existing $1.00 fee on renewal of motor vehicle registration in the District to August 1, 2004. The $1.00 fee would have expired on August 1, 1999. Oscar Abarca, Director of Government Affairs, SCAQMD, clarified the intent of the AB 2766 program. He assured Council that he will assume responsibility for insuring that the SCAQMD's technical assistance staff will meet with City staff to respond to all questions and concerns. He asked for Council's support of AB 38 and SB 98. Following discussion, C/Ansari moved, C/Herrera seconded, to support AB 38 and SB 98. 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 JUNE 1, 1999 PAGE 4 8.4 ORDINANCE NO. OX(1999): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING CHAPTER 8.16 OF TITLE 8 OF THE DIAMOND BAR CITY CODE ADOPTING REQUIREMENTS AND STANDARDS RELATING TO THE COLLECTION, RECYCLING, TRANSPORTATION, AND DISPOSAL OF SOLID WASTE, RECYCLABLE, AND COMPOSTABLE MATERIALS - Draft ordinance revisions amend the City Code in significant ways affecting waste hauler permitting, and waste prevention and recycling programming in the City. Several amended provisions are proposed addressing yard waste collection, rate restructuring for residential and commercial accounts, refuse containers and an automated collection system, public education, and recycling services provisions for all generating sectors. The amendments address the principal concerns of the City with regard to maintaining the open and competitive nature of the existing waste management system while creating further incentives and requirements designed to allow the City to meet AB 939 diversion mandates by the year 2000. The changes are necessary because there is less than one year left for the City to demonstrate compliance with the 50°/16diversion mandate. Based on recent unofficial data, the City needs at least 12% diversion to reach 50%, and if the City were not to comply with the mandate, there is the risk of fine in the amount of $10,000 per day. The costs of implementing the provisions of the proposed amended ordinance are not fully known; however, they are considered to be less than the potential fine from the State. In addition, there are a variety of ways that the City can help to reduce implementation costs including extending longer term permits to service providers and providing assistance to generators. CM/Belanger recommended that, upon introduction of this ordinance, the matter of the adoption of the ordinance be deferred for a period of time to provide for public meetings to present the ordinance, the requirements of the ordinance and gather comments from the community. J. Michael Huls, the City's consultant, presented another in the series of committee reports and updates as directed by Council. Don Gravdahl displayed a two-part commercial refuse container he picked up in Minneapolis. He suggested that Council consider incorporating these types of containers in the City. He spoke about concerns regarding the proposed ordinance. Dave Reynolds spoke about a single hauler franchise system versus an open system and how a single hauler franchise system could benefit the community. He commented on the draft ordinance. Martha Bruske supported a single hauler system. She suggested that the City sponsor a cleanup day and a hazardous roundup day. JUNE 1, 1999 PAGE 5 Dr. Lawrence Rhodes said he does not recycle and does not know what he is supposed to recycle. Materials he uses are not recyclable. Sue Sisk believed the community should be better educated on how to meet the State's mandate. She is concerned about the July date because it does not provide adequate time for public input. She supported a single hauler system. C/Huff expressed concern about the noise and wear and tear on the streets. He believed the July time frame is too restrictive. He recommended that Council discuss all of the Task Force's recommendations and conduct a study of rates charged by other cities. MPT/O'Connor requested that staff come up with a calendar of public meetings and not adopt the Ordinance as early as July. CM/Belanger recommended that the public meetings be held between now and the end of August or early September. He reiterated staffs amended recommendation upon request from C/Herrera: that Council introduce the ordinance with adoption of the ordinance deferred for a time sufficient to provide for public education and public meetings with public input being provided in relationship to the programs included within the ordinance as well as other aspects of the solid waste process within the City, i.e.: single provider versus open market, etc. Adoption of the Ordinance should take place in late August/early September. C/Huff moved, C/Ansari seconded, to delay adoption of the Ordinance, direct staff to prepare a timeline so everyone knows what direction the City will be going in and to begin educating the public as to the City's requirements, for presentation at the next 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 5. SCHEDULE OF FUTURE EVENTS: 5.1 TOWN HALL MEETING - (Y2K) - June 5, 1999 - 9:00 a.m. - 12:00 noon, SCAQMD Auditorium, 21865 E. Copley Dr. 5.2 COMMUNITY/CIVIC CENTER TASK FORCE COMMITTEE DISPLAY AND COMMUNITY INPUT FORUM - June 5, 1999 - 10:00 a.m. - 1:00 p.m., Display of Civic/Community Center proposals. JUNE 1, 1999 PAGE 6 5.3 LOS ANGELES COUNTY SHERIFF'S OPEN HOUSE -June 5, 1999 -10:00 a.m. to 3:00 p.m., Diamond Bar/Walnut Sheriffs Station, 21695 E. Valley Boulevard, Walnut. 5.4 COMPOSTING WORKSHOP - June 5, 1999 - 10:00 a.m. - 12:00 Noon, Sycamore Canyon Park, 22930 Golden Springs Dr. 5.5 PLANNING COMMISSION - June 8, 1999 - 7:00 p.m., SCAQMD Auditorium, 21865 E. Copley Dr. 5.6 TRAFFIC & TRANSPORTATION COMMISSION - June 10, 1999 - 7:00 p.m., SCAQMD Hearing Board Room, 21865 E. Copley Dr. 5.7 TOWN HALL MEETING - Proposed Lanterman Developmental Center Forensic Confinement Program - June 12, 1999 - 9:00 A.M. - 12:00 Noon, Walnut High School, 400 Pierre Road, Walnut. 5.8 FLAG DAY IN AMERICA - June 14, 1999. 5.9 CITY COUNCIL MEETING - June 15, 1999 - 6:30 p.m., SCAQMD Auditorium, 21865 E. Copley Dr. 5.10 9th ANNUAL CONCERT IN THE PARK- First in the series of 10 Concerts - June 16, 1999 - 6:30 - 8:00 p.m., SOUTHLAND BAND (Contemporary), Sycamore Canyon Park, 22930 Golden Springs Dr. 5.11 HOUSEHOLD HAZARDOUS WASTE ROUNDUP - June 19, 1999 - 9:00 a.m. - 3:00 p.m., U.S. Postal Services Processing Center, 15421 Gale Avenue, City of Industry. 5.12 SMALL BUSINESS SEMINAR IN CONJUNCTION WITH THE DIAMOND BAR CHAMBER OF COMMERCE (Second in a Series) - June 22, 1999, 7:00 p.m. - 9:00 p.m. - SCAQMD Room CC6, 21865 E. Copley Dr. CM/Belanger announced that the June 5, 1999 Y2K Seminar would be carried live on local cable television. At 12:00 noon on June 5, tonight's Council meeting will be re -broadcast in its entirety. 6. CONSENT CALENDAR: C/Herrera moved, C/Ansari seconded, to approve the Consent Calendar with the exception of Consent Calendar Item No. 6.6 (c) and 6.9. Motion carried by the following Roll Call vote with C/Herrera abstaining from voting on Items 6.1.2 and 6.1.3. JUNE 1, 1999 PAGE 7 AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.1 APPROVED MINUTES: 6. 1.1 Regular Meeting of May 4, 1999 - As amended. 6.1.2 Study Session of May 18, 1999 - As submitted. 6.1.3 Regular Meeting cf May 18, 1999 - As amended. 6.2 RECEIVED & FILED PLANNING COMMISSION MINUTES: 6.2.1 Regular Meeting of April 13, 1999. 6.2.2 Regular Meeting of April 27, 1999. 6.3 RECEIVED & FILED TRAFFIC & TRANSPORTATION COMMISSION MINUTES - Regular Meeting of April 8, 1999. 6.4 APPROVED VOUCHER REGISTER - dated June 1, 1999 in the amount of $813,014.48. MPT/O'Connor abstained from approval of Purchase Order Numbers 7514A in the amount of $43.30 and 8704 in the amount of $897.12 and 8686 in the amount of $285.93, items relating to the Lanterman Expansion Project. 6.5 REVIEWED AND APPROVED TREASURER'S STATEMENT - for April, 1999. 6.6 (a) ADOPTED RESOLUTION NO. 99-37: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 1999, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES. (b) ADOPTED RESOLUTION NO. 99-38: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 2, 1999, WITH THE SCHOOL ELECTION TO BE HELD ON THE DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE. 6.7 (a) APPROVED BREA CANYON ROAD/GOLDEN SPRINGS DRIVE TRAFFIC SIGNAL MODIFICATION - Allocated $55,000 from unappropriated Gas Tax balance and increased the Capital Improvement Projects fund by JUNE 1, 1999 PAGE 8 $55,000 for the Brea Canyon Road/Golden Springs Drive Traffic Signal Modification Project to provide a second southbound left turn lane. (b) ADOPTED RESOLUTION NO. 99-40: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE TRAFFIC SIGNAL IMPROVEMENT PROJECT AT THE INTERSECTIONS OF BREA CANYON ROAD/DIAMOND CREST LANE, BREA CANYON ROAD/GLENBROOK DRIVE, AND BREA CANYON ROAD/GOLDEN SPRINGS DRIVE IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. 6.8 AWARDED CONSTRUCTION CONTRACT FOR 1998-1999 CDBG HANDICAP RAMPS PROJECT - to JDC, Inc. for the 98-99 CDBG Handicap Ramps Project in an amount not to exceed $69,300 and authorized a contingency amount of $6,930 for project change orders to be approved by the City Manager; for a total authorization amount of $76,230. 6.10 (a) ADOPTED RESOLUTION NO. 99-41: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR SUPPORTING LEGISLATIVE EFFORTS TO ACCOMPLISH GROUNDWATER CLEANUP IN THE SAN GABRIEL BASIN. (b) ADOPTED RESOLUTION NO. 99-42: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR SUPPORTING THE SAN GABRIEL BASIN DRINKING WATER INITIATIVE. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.6 (c) RESOLUTION NO. 99-39: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 1999. Following discussion regarding printing and translating of candidates' statements, C/Herrera. moved, C/Ansari seconded, to adopt Resolution No. 99-39, as amended. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, M/Chang NOES: COUNCIL MEMBERS - MPT/O'Connor ABSENT: COUNCIL MEMBERS - None 6.9 PROPOSED REVISIONS TO PARKING SIGNS ON FALLOW FIELD DRIVE AND PASCO COURT. Council directed staff to amend the Preferential Parking District Ordinance JUNE 1, 1999 PAGE 9 to allow establishment of "No Parking, 8:00 a.m. - 5:00 p.m., Monday -Friday, Except by Permit" on Fallow Field Dr. from Brea Canyon Cut-off Road to 3100 Fallow Field Drive, including Pasco Ct. Monee Tyler complained about permits being issued to First Mortgage Company employees. She stated that, in her opinion, the parking problems continue because the company has outgrown its facility. C/Huff moved, C/Herrera seconded, to direct staff to come back with Ordinance and Resolution amendments to provide for up to 7 parking spaces on the easterly side of Fallow Field Dr. and to change the signs as recommended by staff. In addition, 50 permits are to be issued for parking on Brea Canyon Cut-off. a � 0J VO �_ — 7. PUBLIC HEARINGS: 7.1 (1) ORDINANCE NO. 0X(1999): AN ORDINANCE OF THE CITY DIAMOND BAR AMENDING TITLE 15 OF THE DIAMOND BAR CODE ADOPTING, BY REFERENCE, THE "UNIFORM ADMINISTRATIVE CODE", 1997 EDITION, THE "CALIFORNIA BUILDING CODE", 1998 EDITION, VOLUMES 1, 2 AND 3, INCLUDING ALL APPENDICES THERETO, THE CALIFORNIA MECHANICAL CODE", 1998 EDITION AND THE APPENDICES THERETO, THE "CALIFORNIA PLUMBING CODE", 1998 EDITION AND THE APPENDICES THERETO, THE "CALIFORNIA ELECTRICAL CODE", 1998 EDITION AND THE APPENDICES THERETO, "THE UNIFORM HOUSING CODE", 1997 EDITION AND THE APPENDICES THERETO AND "THE UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE", 1997 EDITION, TOGETHER WITH CERTAIN AMENDMENTS, ADDITIONS, DELETIONS AND EXCEPTIONS INCLUDING FEES AND PENALTIES. (2) RESOLUTION NO. 99 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR MAKING EXPRESS FINDINGS AND DETERMINATIONS THAT MODIFICATIONS TO THE UNIFORM BUILDING CODE, UNIFORM PLUMBING CODE, AND NATIONAL ELECTRICAL CODE, AS ADOPTED BY ORDINANCE NO. 0X(1999) ARE REASONABLY NECESSARY BECAUSE OF LOCAL CLIMATIC, GEOLOGICAL OR TOPOGRAPHICAL CONDITIONS - The State reviews its Model Building Code regulations every three years, and adopts the most current Uniform Building Codes printed by the International Conference of Building Officials. The State adopted the 1997 Uniform Building Code 1997 Uniform Plumbing Code, 1997 Uniform Housing Code and 1997 Uniform Mechanical Code, 1996 National Electric Code in January, 1999. Local jurisdictions are required to adopt said codes by ordinance within six months or they will automatically be adopted by operation of law. The State allows local municipalities to amend the Uniform Building Codes to meet the unique JUNE 1, 1999 PAGE 10 climatic, geographical and topographical conditions of the City. Dennis Tarango, Building & Safety Official, gave a brief history and overview of adoption procedures for building codes. M/Chang opened the Public Hearing. There being no testimony offered, M/Chang closed the Public Hearing. Following discussion, C/Ansari moved, C/Huff seconded, to waive full reading and adopt Ordinance No. 06(1999) adopting, by reference the "The Uniform Administrative Code:, 1997 Edition, the "California Building Code" 1998 Edition, Volumes 1,2 and 3, including all appendices thereto, the "California Plumbing Code", 1998 Edition, the "California Mechanical Code", 1998 Edition, the "California Electrical Code", 1998 Edition, the "Uniform Housing Code", 1997 Edition, the "Uniform Swimming Pool, Spa and Hot Tub Code", 1997 Edition, together with certain amendments, additions, deletions and exceptions including fees and penalties. 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 C/Ansari moved, C/Huff seconded, to adopt Resolution No. 99-43 making express findings and determinations that modifications to the California Building Code, California Plumbing Code, and California Electrical Code, as adopted by Ordinance No. 06(1999) are reasonably necessary because of local climatic, geological or topographical conditions. 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 7.2 1999-2000 MUNICIPAL BUDGET - The FY 99/2000 General Fund Budget estimates overall resources to be $11,606,960 and proposes $10,824,315 in expenditures. The proposed Capital Improvement Program Budget is projected to be $8,547,900. CM/Belanger explained the details of the proposed budget. Allen Wilson understood the City would lose their percentage of motor vehicle registration fees. However, the budget item indicates the income has JUNE 1, 1999 PAGE 11 increased. He asked for an explanation of "cafeteria plan" and why the Council's salary is smaller than the cafeteria plan budget item. CM/Belanger explained that the City's definition of a cafeteria plan is an amount of money allocated to each employee at two levels: management/exempt employees and general/miscellaneous employees. Each employee is able to select a medical plan and pay for that plan out of that money. If the medical plan does not consume the entire cafeteria amount then the cafeteria amount pours over into a 457 retirement account. The benefit is the same for all employees. Employees also have a vision plan and a dental plan and the employees share those plans out of the cafeteria benefit. The Council Members salaries are $500 per month. On a monthly basis, the cafeteria amount exceeds the City Council Member's salaries. With respect to motor vehicle in -lieu fees, the State ultimately reduced the amount of money that is paid by the vehicle registrant by 25%. Cities continue to receive 100% of the vehicle license fee. The State backfills the 25% amount. Therefore, cities did not suffer a loss as a result of the reduction of the registrant's fees. Council concurred to continue discussion of the 99-2000 Municipal Budget and Capital Improvement Program to June 15, 1999. 8. OLD BUSINESS: 8.1 ORDINANCE NO. 2A (1995): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE PURCHASING SYSTEM - The Council Finance Subcommittee recommended that the City Manager's purchasing authority be increased from $10,000 to $15,000. The subcommittee reviewed a survey of 18 cities and the City Managers' purchasing authority averaged $21,250. Due to the limitation of the D.B. City Manager's authority, Council has to continuously approve contract extensions for budgeted items such as printing and legal services. In addition, staff recommends that the limit for Purchase Orders be increased from the petty cash limit of $50 to $500. In reviewing P.O. limits in the cities surveyed, the average threshold for a P.O. requirement is approximately $1,600. C/Herrera moved, MPT/O'Connor seconded, to approve first reading and waive full reading of Ordinance No. 2A (1995) "An Ordinance of the City Council of the City of D.B. Amending the Purchasing System." 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 JUNE 1, 1999 PAGE 12 9. NEW BUSINESS: 9.1 RESOLUTION NO. 99-44: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PARTICIPATION IN THE LOS ANGELES URBAN COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND AUTHORIZING THE MAYOR TO EXECUTE THE COOPERATION AGREEMENT BETWEEN LOS ANGELES COUNTY AND THE CITY OF DIAMOND BAR - The City, through a Cooperation Agreement, is part of the L.A. County Community Development Commission - CDBG program. The program was established through the Housing and Community Development Act of 1974 and is administered by the U.S. Department of Housing and Urban Development (HUD). To be eligible to receive CDBG funding, a City must either be an eligible metropolitan city or be a participating City in an Urban County Program. D.B. qualified as a "metropolitan city," based on a population of over 50,000, and can attain entitlement status effective July 1, 2000 or the City may continue to participate in the L.A. Urban County CDBG program. To continue to participate in the L.A. Urban County CDBG program, the City must execute a Cooperation Agreement by June 18, 1999 for a three-year cycle, July 1, 2000 to June 30, 2003. The City has been participating in the L.A. Urban County CDBG program since July 1991. In 1993 and 1996, the City elected to defer entitlement status and remain with the L.A. Urban County CDBG program as a participating city. C/Herrera moved, C/Ansari seconded, to adopt Resolution No. 99-44 approving participation in the L.A. Urban County Community Development Block Grant program and authorize the Mayor to execute the Cooperation Agreement. 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 REORGANIZATION OF CITY COUNCIL/ REDEVELOPMENT AGENCY AGENDA FORMAT - Continued from May 18, 1999. C/Ansari proposed holding Redevelopment Agency meetings from 6:30 to 7:00 p.m., prior to Council meetings. MPT/O'Connor recommended that this not be done until there are large Agency projects to be considered. C/Herrera suggested moving Council meetings up from 6:30 p.m. to 6:00 p.m. JUNE 1, 1999 PAGE 13 C/Ansari then suggested that the Agency agenda be moved to immediately after Special Presentations. C/Huff moved, MPT/O'Connor seconded, to retain the current schedule with the Redevelopment Agency meeting at the end of the Council meetings unless a special project is to be discussed, wherein the Agency will be convened before convening the City Council meeting. Motion carried by the following Roll Cali vote: AYES: COUNCIL MEMBERS - Herrera, Huff, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS - Ansari ABSENT: COUNCIL MEMBERS - None RECESS TO REDEVELOPMENT AGENCY MEETING: M/Chang recessed the City Council Meeting to the Redevelopment Agency at 11:30 p.m. RECONVENE CITY COUNCIL MEETING: M/Chang reconvened the City Council meeting at 11:35 p.m. 10. COUNCIL SUB -COMMITTEE REPORTS AND MEMBER COMMENTS: C/Huff reported on his attendance at the COG meeting (C/Herrera also attended). He took the Metropolitan Water District tour of the Eastside Reservoir and invited other Council Members to take this interesting tour. He thanked the residents for their participation and the DBIA for their sponsorship of the May 22 Paint Your Town. He indicated that he had attended the Shopping Center Conference, during which empty spaces in the City were promoted. He was also initiated as Zone Director for Foothill Transit. C/Ansari attended the following meetings: San Gabriel Valley Economic Partnership - there is a $2,000,000 campaign to market the valley and the organization wants to hear from businesses that wish to be involved with the project and a Santa Ana Watershed meeting. She thanked the residents for their participation and the DBIA for sponsoring Paint Your Town; she thanked the Honda Dealership for sponsoring a Child Safety Day. She spoke about attending the Shopping Center Conference and the resulting future benefits to D.B. She asked staff to consider the issue of L.A. Stormwater Permitting and suggested that D.B. be allowed to adopt the Long Beach permit. She serves on water and trash committees and has been appointed to the NAFTA committee. C/Herrera reported that she serves on committees that are conducting truck studies. Preliminary information indicates that the increase in truck traffic on the SR 60 is due to an increase in business. She looked forward to going to Sacramento on June 8 regarding the Lanterman Expansion Project. MPT/O'Connor stated that on May 20, she attended the Chamber Mixer and invited JUNE 1, 1999 PAGE 14 everyone to attend the mixers. On May 22, she participated in Paint Your Town. She thanked DBIA for their sponsorship. She attended the Honda Child Safety Day, during which children were fingerprinted and parents were shown how to properly utilize child safety seats. On Wednesday, May 26, the Community/Civic Center Task Force met and attempted to establish closing comments. She encouraged residents to attend the June 5 workshop. Council will hold a special meeting on Tuesday, June 29 to discuss the matter. On May 27, the Finance Committee reviewed the proposed budget and warrant register. On May 28, she attended Career Day at Diamond Point Elementary School. She encouraged citizens to attend the Sheriffs Open House. She is still pursuing a WCCA Advisory Committee member and public member for the Governing Board. If interested, please call her or the City to schedule an interview. M/Chang participated in the water district tour of the Eastside reservoir; he attended Sheriff Baca's Asian Task Force meeting; Paint Your Town, and the Honda Dealership Child Safety Day. He spoke about being a witness for a recently married couple. He thanked the Chamber of Commerce for sponsoring the Small Business Seminar. On May 26, he attended Mt. Sac's discussion opposing the Lanterman Expansion Project. Also on May 26, Martha Bruske took him on a tour of D.B. He attended Sheriff Lee Baca's wedding on Saturday, May 29. That evening, he attended a 50th wedding anniversary party honoring the parents of Deputy Tim Perkins. 11. ADJOURNMENT: There being no further business to conduct, M/Chang adjourned the meeting at 11:50 p.m. ATTEST: Mayor LYNDA BURGESS, City Clerk MINUTES OF THE CITY COUNCIL Qj REGULAR MEETING OF THE CITY OF DIAMOND BAR - •44 JUNE 1, 1999 Ar STUDY SESSION: 4:15 p.m., SCAQMD Room CC -2 Discussion of proposed Fiscal Year 1999- 2000 Municipal Budget Present: 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; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Mike Nelson, Communications & Marketing Director; Lynda Burgess, City Clerk; Richard Martinez, Walnut Sheriff Captain; Bill Flannery, Walnut Sheriff Sergeant; Kellee Fritzal, Assistant to the City Manager; Anne Haraksin, Administrative Assistant; Rose Manela, Assistant Civil Engineer and Gina Tharani, Accountant II. Study Session adjourned at 6:30 p.m. CLOSED SESSION: None 2. CALL TO ORDER: Mayor Chang called the City Council meeting to order at 6:47 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 Pro Tem 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; Linda Magnuson, Finance Director; Mike Nelson, Communications & Marketing Director and Lynda Burgess, City Clerk. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Jack Tanaka. INVOCATION: The Invocation was given by Reverend Mike Schuenemeyer, Diamond Bar Congregational Church. APPROVAL OF AGENDA: The Council concurred to move Items 8. 1, 8.2, 8.3 and 8.4 to immediately following Public Comments. 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Chorale Presentation by students of Diamond Point Elementary School. JUNE 1, 1999 PAGE 2 3.2 Presented Commendation to Deputy Mark Stephens, L.A. County Sheriffs Department, Walnut Station, for his dedication to service, expertise and persistence in preventing a crime. 4. PUBLIC COMMENTS: Marlene Roth, Planning Consultant, The Roth Group, presented an update on the Community/Civic Center Task Force's activities. She stated that the Task Force will provide an information and citizen feedback booth at the SCAQMD on Saturday, June 5 from 10:00 a.m. to 1:00 p.m. MATTERS MOVED FORWARD ON THE AGENDA: MPT/O'Connor recused herself from deliberation on Items 8.1 and 8.2 and left the dais. 8.1 UPDATE ON LANTERMAN DEVELOPMENTAL CENTER FORENSIC FACILITY PROJECT - presented by CM/Belanger. C/Huff requested that Sheriff Lee Baca send a follow-up letter to the Governor and Speaker of the Assembly regarding security concerns. C/Ansari asked that a letter be sent to the Mayor, City Council and Assembly representatives of the City of Porterville since they need an expanded facility in their community. 8.2 APPROVAL OF CONTRACT WITH ROBERT BEIN, WILLIAM FROST & ASSOCIATES FOR GRAPHIC DESIGN SERVICES OF LANTERMAN DEVELOPMENTAL CENTER EXPANSION - The proposed Lanterman Developmental Forensic Expansion Project includes a prison -like compound. To visually demonstrate the proposed compound (two 16' fences, 15' apart, with four 27' guard towers), the City requested proposals from firms which could graphically illustrate, (three-dimensional) the final design. Robert Bein, William Frost & Assoc., (RFB) is the only firm that can meet the City's requirements, including time frame and dimensional models of the compound. RFB has photographed the proposed site, reviewed the environmental documents and architectural plans. Based on the review, the following 3 dimensional models will be created: Typical observation posts; new day training activity center #1 and #2; new control building; typical perimeter light standards; new roads and walk -way; and new double perimeter security fence. The models will be completed within two weeks. Under purchasing guidelines, contracts awarded to a single vendor shall not exceed $10,000 without prior authorization from Council. Continued from May 18, 1999. Martha Bruske felt that this item should not be reconsidered since Council voted against it at the May 18 meeting. Sue Sisk supported approval of this contract. She thanked Council Members and residents for their support at last Saturday's protest. She also thanked JUNE 1, 1999 PAGE 3 the Task Force members for their time and commitment to the issue. She announced upcoming events related to the expansion protest and the surrounding communities that oppose the project. Dr. Lawrence Rhodes pointed out that the first speaker was incorrect. The Council voted at its May 18 meeting 2-1 for approval. However, the matter requires three votes for approval. He asked that copies of the visual illustration of the proposed compound be made available to the public. In response to M/Chang, CA/Jenkins explained that the matter was continued to tonight's meeting, which is a perfectly appropriate procedure. Moved by C/Herrera, seconded by C/Huff, to approve a contract with Robert Bein, William Frost & Associates in an amount not to exceed $11,450, authorize the City Manager to sign the contract and approve a budget adjustment for said amount and direct staff to invite the Cities of Pomona and Walnut to share in the development and use of the model. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, M/Chang NOES: COUNCIL MEMBERS - None ABSTAIN: COUNCIL MEMBERS - MPT/O'Connor ABSENT: COUNCIL MEMBERS - None MPT/O'Connor returned to the dais. 8.3 LEGISLATIVE RECOMMENDATIONS: Continued from May 18, 1999. AB 38 (Washington) and SB 98 (Alarcon) - The proposals would require the SCAQMD to create an Office of Technology Advancement to administer the clean -burning fuels program and require establishment of a thirteen member advisory group to make recommendations to the Office of Technology Advancement. Further, it would extend the existing $1.00 fee on renewal of motor vehicle registration in the District to August 1, 2004. The $1.00 fee would have expired on August 1, 1999. Oscar Abarca, Director of Government Affairs, SCAQMD, clarified the intent of the AB 2766 program. He assured Council that he will assume responsibility for insuring that the SCAQMD's technical assistance staff will meet with City staff to respond to all questions and concerns. He asked for Council's support of AB 38 and SB 98. Following discussion, C/Ansari moved, C/Herrera seconded, to support AB 38 and SB 98. Motion carried by the following Roll Call vote: JUNE 1, 1999 PAGE 4 AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 8.4 ORDINANCE NO. 0X(1999): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING CHAPTER 8.16 OF TITLE 8 OF THE DIAMOND BAR CITY CODE ADOPTING REQUIREMENTS AND STANDARDS RELATING TO THE COLLECTION, RECYCLING, TRANSPORTATION, AND DISPOSAL OF SOLID WASTE, RECYCLABLE, AND COMPOSTABLE MATERIALS - Draft ordinance revisions amend the City Code in significant ways affecting waste hauler permitting, and waste prevention and recycling programming in the City. Several amended provisions are proposed addressing yard waste collection, rate restructuring for residential and commercial accounts, refuse containers and an automated collection system, public education, and recycling services provisions for all generating sectors. The amendments address the principal concerns of the City with regard to maintaining the open and competitive nature of the existing waste management system while creating further incentives and requirements designed to allow the City to meet AB 939 diversion mandates by the year 2000. The changes are necessary because there is less than one year left for the City to demonstrate compliance with the 50°% diversion mandate. Based on recent unofficial data, the City needs at least 12% diversion to reach 50%, and if the City were not to comply with the mandate, there is the risk of fine in the amount of $10,000 per day. The costs of implementing the provisions of the proposed amended ordinance are not fully known; however, they are considered to be less than the potential fine from the State. In addition, there are a variety of ways that the City can help to reduce implementation costs including extending longer term permits to service providers and providing assistance to generators. CM/Belanger recommended that, upon introduction of this ordinance, the matter of the adoption of the ordinance be deferred for a period of time to provide for public meetings to present the ordinance, the requirements of the ordinance and gather comments from the community. J. Michael Huls, the City's consultant, presented another in the series of committee reports and updates as directed by Council. Don Gravdahl displayed a two-part commercial refuse container he picked up in Minneapolis. He suggested that Council consider incorporating these types of containers in the City. He spoke about JUNE 1, 1999 PAGE 5 concerns regarding the proposed ordinance. Dave Reynolds spoke about a single hauler franchise system versus an open system and how a single hauler franchise system could benefit the community. He commented on the draft ordinance. Martha Bruske supported a single hauler system. She suggested that the City sponsor a cleanup day and a hazardous roundup day. Dr. Lawrence Rhodes said he does not recycle and does not know what he is supposed to recycle. Materials he uses are not recyclable. Sue Sisk believed the community should be better educated on how to meet the State's mandate. She is concerned about the July date because it does not provide adequate time for public input. She supported a single hauler system. C/Huff expressed concern about the noise and wear and tear on the streets. He believed the July time frame is too restrictive. He recommended that Council discuss all of the Task Force's recommendations and conduct a study of rates charged by other cities. MPT/O'Connor requested that staff come up with a calendar of public meetings and not adopt the Ordinance as early as July. CM/Belanger recommended that the public meetings be held between now and the end of August or early September. He reiterated staffs amended recommendation upon request from C/Herrera: that Council introduce the ordinance with adoption of the ordinance deferred for a time sufficient to provide for public education and public meetings with public input being provided in relationship to the programs included within the ordinance as well as other aspects of the solid waste process within the City, i.e.: single provider versus open market, etc. Adoption of the Ordinance should take place in late August/early September. C/Huff moved, C/Ansari seconded, to delay adoption of the Ordinance, direct staff to prepare a timeline so everyone knows what direction the City will be going in and to begin educating the public as to the City's requirements, for presentation at the next 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 JUNE 1, 1999 PAGE 6 ABSENT: COUNCIL MEMBERS - None 5. SCHEDULE OF FUTURE EVENTS: 5.1 TOWN HALL MEETING - (Y2K) - June 5, 1999 - 9:00 a.m. - 12:00 noon, SCAQMD Auditorium, 21865 E. Copley Dr. 5.2 COMMUNITY/CIVIC CENTER TASK FORCE COMMITTEE DISPLAY AND COMMUNITY INPUT FORUM - June 5, 1999 -10:00 a.m. -1:00 p.m., Display of Civic/Community Center proposals. 5.3 LOS ANGELES COUNTY SHERIFF'S OPEN HOUSE - June 5, 1999 - 10:00 a.m. to 3:00 p.m., Diamond BaNWalnut Sheriffs Station, 21695 E. Valley Boulevard, Walnut. 5.4 COMPOSTING WORKSHOP - June 5, 1999 - 10:00 a.m. - 12:00 Noon, Sycamore Canyon Park, 22930 Golden Springs Dr. 5.5 PLANNING COMMISSION - June 8, 1999 - 7:00 p.m., SCAQMD Auditorium, 21865 E. Copley Dr. 5.6 TRAFFIC & TRANSPORTATION COMMISSION - June 10, 1999 - 7:00 p.m., SCAQMD Hearing Board Room, 21865 E. Copley Dr. 5.7 TOWN HALL MEETING - Proposed Lanterman Developmental Center Forensic Confinement Program - June 12, 1999 - 9:00 A.M. - 12:00 Noon, Walnut High School, 400 Pierre Road, Walnut. 5.8 FLAG DAY IN AMERICA - June 14, 1999. 5.9 CITY COUNCIL MEETING - June 15, 1999 - 6:30 p.m., SCAQMD Auditorium, 21865 E. Copley Dr. 5.10 9th ANNUAL CONCERT IN THE PARK - First in the series of 10 Concerts - June 16, 1999 - 6:30 - 8:00 p.m., SOUTHLAND BAND (Contemporary), Sycamore Canyon Park, 22930 Golden Springs Dr. 5.11 HOUSEHOLD HAZARDOUS WASTE ROUNDUP - June 19, 1999 - 9:00 a.m. - 3:00 p.m., U.S. Postal Services Processing Center, 15421 Gale Avenue, City of Industry. 5.12 SMALL BUSINESS SEMINAR IN CONJUNCTION WITH THE DIAMOND BAR CHAMBER OF COMMERCE (Second in a Series) - June 22, 1999, 7:00 p.m. - 9:00 p.m. - SCAQMD Room CC6, 21865 E. Copley Dr. JUNE 1, 1999 PAGE 7 CM/Belanger announced that the June 5, 1999 Y2K Seminar would be carried live on local cable television. At 12:00 noon on June 5, tonight's Council meeting will be re -broadcast in its entirety. 6. CONSENT CALENDAR: C/Herrera moved, C/Ansari seconded, to approve the Consent Calendar with the exception of Consent Calendar Item No. 6.6 (c) and 6.9. Motion carried by the following Roll Call vote with C/Herrera abstaining from voting on Items 6.1.2 and 6.1.3. AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.1 APPROVED MINUTES: 6. 1.1 Regular Meeting of May 4, 1999 - As amended. 6.1.2 Study Session of May 18, 1999 - As submitted. 6.1.3 Regular Meeting of May 18, 1999 -As amended. 6.2 RECEIVED & FILED PLANNING COMMISSION MINUTES: 6.2.1 Regular Meeting of April 13, 1999. 6.2.2 Regular Meeting of April 27, 1999. 6.3 RECEIVED & FILED TRAFFIC & TRANSPORTATION COMMISSION MINUTES - Regular Meeting of April 8, 1999. 6.4 APPROVED VOUCHER REGISTER - dated June 1, 1999 in the amount of $813,014.48. MPT/O'Connor abstained from approval of Purchase Order Numbers 7514A in the amount of $43.30 and 8704 in the amount of $897.12 and 8686 in the amount of $285.93, items relating to the Lanterman Expansion Project. 6.5 REVIEWED AND APPROVED TREASURER'S STATEMENT - for April, 1999. 6.6 (a) ADOPTED RESOLUTION NO. 99-37: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 1999, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES. JUNE 1, 1999 PAGE 8 (b) ADOPTED RESOLUTION NO. 99-38: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 2, 1999, WITH THE SCHOOL ELECTION TO BE HELD ON THE DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE. 6.7 (a) APPROVED BREA CANYON ROAD/GOLDEN SPRINGS DRIVE TRAFFIC SIGNAL MODIFICATION - Allocated $55,000 from unappropriated Gas Tax balance and increased the Capital Improvement Projects fund by $55,000 for the Brea Canyon Road/Golden Springs Drive Traffic Signal Modification Project to provide a second southbound left turn lane. (b) ADOPTED RESOLUTION NO. 99-40: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE TRAFFIC SIGNAL IMPROVEMENT PROJECT AT THE INTERSECTIONS OF BREA CANYON ROAD/DIAMOND CREST LANE, BREA CANYON ROAD/GLENBROOK DRIVE, AND BREA CANYON ROAD/GOLDEN SPRINGS DRIVE IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. 6.8 AWARDED CONSTRUCTION CONTRACT FOR 1998-1999 CDBG HANDICAP RAMPS PROJECT - to JDC, Inc. for the 98-99 CDBG Handicap Ramps Project in an amount not to exceed $69,300 and authorized a contingency amount of $6,930 for project change orders to be approved by the City Manager; for a total authorization amount of $76,230. 6.10 (a) ADOPTED RESOLUTION NO. 99-41: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR SUPPORTING LEGISLATIVE EFFORTS TO ACCOMPLISH GROUNDWATER CLEANUP IN THE SAN GABRIEL BASIN. (b) ADOPTED RESOLUTION NO. 99-42: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR SUPPORTING THE SAN GABRIEL BASIN DRINKING WATER INITIATIVE. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.6 (c) RESOLUTION NO. 99-39: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS JUNE 1, 1999 PAGE 9 SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 1999. Following discussion regarding printing and translating of candidates' statements, C/Herrera moved, C/Ansari seconded, to adopt Resolution No. 99-39, as amended. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, M/Chang NOES: COUNCIL MEMBERS - MPT/O'Connor ABSENT: COUNCIL MEMBERS - None 6.9 PROPOSED REVISIONS TO PARKING SIGNS ON FALLOW FIELD DRIVE AND PASCO COURT. Council directed staff to amend the Preferential Parking District Ordinance to allow establishment of "No Parking, 8:00 a.m. - 5:00 P.M., Monday -Friday, Except by Permit" on Fallow Field Dr. from Brea Canyon Cut-off Road to 3100 Fallow Field Drive, including Pasco Ct. Monee Tyler complained about permits being issued to First Mortgage Company employees. She stated that, in her opinion, the parking problems continue because the company has outgrown its facility. C/Huff moved, C/Herrera seconded, to direct staff to come back with Ordinance and Resolution amendments to provide for up to 7 parking spaces on the easterly side of Fallow Field Dr. and to change the signs to "No Parking between 8:00 a.m. and 5:00 p.m." as recommended by staff. In addition, 50 permits are to be issued for parking on Brea Canyon Cut-off. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, M/Chang NOES: COUNCIL MEMBERS -MPT/O'Connor ABSENT: COUNCIL MEMBERS - None 7. PUBLIC HEARINGS: 7.1 (1) ORDINANCE NO. 0X(1999): AN ORDINANCE OF THE CITY DIAMOND BAR AMENDING TITLE 15 OF THE DIAMOND BAR CODE ADOPTING, BY REFERENCE, THE "UNIFORM ADMINISTRATIVE CODE", 1997 EDITION, THE "CALIFORNIA BUILDING CODE", 1998 EDITION, VOLUMES 1, 2 AND 3, JUNE 1, 1999 PAGE 10 INCLUDING ALL APPENDICES THERETO, THE "CALIFORNIA MECHANICAL CODE", 1998 EDITION AND THE APPENDICES THERETO, THE "CALIFORNIA PLUMBING CODE", 1998 EDITION AND THE APPENDICES THERETO, THE "CALIFORNIA ELECTRICAL CODE", 1998 EDITION AND THE APPENDICES THERETO, "THE UNIFORM HOUSING CODE", 1997 EDITION AND THE APPENDICES THERETO AND" 1997 EDITION, THE UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE", TOGETHER WITH CERTAIN AMENDMENTS, ADDITIONS, DELETIONS AND EXCEPTIONS INCLUDING FEES AND PENALTIES. (2) RESOLUTION NO. 99 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR MAKING EXPRESS FINDINGS AND DETERMINATIONS THAT MODIFICATIONS TO THE UNIFORM BUILDING CODE, UNIFORM PLUMBING CODE, AND NATIONAL ELECTRICAL CODE, AS ADOPTED BY ORDINANCE NO. 0X(1999) ARE REASONABLY NECESSARY BECAUSE OF LOCAL CLIMATIC, GEOLOGICAL OR TOPOGRAPHICAL CONDITIONS - The State reviews its Model Building Code regulations every three years, and adopts the most current Uniform Building Codes printed by the International Conference of Building Officials. The State adopted the 1997 Uniform Building Code 1997 Uniform Plumbing Code, 1997 Uniform Housing Code and 1997 Uniform Mechanical Code, 1996 National Electric Code in January, 1999. Local jurisdictions are required to adopt said codes by ordinance within six months or they will automatically be adopted by operation of law. The State allows local municipalities to amend the Uniform Building Codes to meet the unique climatic, geographical and topographical conditions of the City. Dennis Tarango, Building & Safety Official, gave a brief history and overview of adoption procedures for building codes. M/Chang opened the Public Hearing. There being no testimony offered, M/Chang closed the Public Hearing. Following discussion, C/Ansari moved, C/Huff seconded, to waive full reading and adopt Ordinance No. 06(1999) adopting, by reference the The Uniform Administrative Code:, 1997 Edition, the "California Building Code" 1998 Edition, Volumes 1,2 and 3, including all appendices thereto, the "California Plumbing Code", 1998 Edition, the "California Mechanical Code", 1998 Edition, the California Electrical Code", 1998 Edition, the "Uniform Housing Code", 1997 Edition, the JUNE 1, 1999 PAGE 11 "Uniform Swimming Pool, Spa and Hot Tub Code", 1997 Edition, together with certain amendments, additions, deletions and exceptions including fees and penalties. 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 C/Ansari moved, C/Huff seconded, to adopt Resolution No. 99-43 making express findings and determinations that modifications to the California Building Code, California Plumbing Code, and California Electrical Code, as adopted by Ordinance No. 06(1999) are reasonably necessary because of local climatic, geological or topographical conditions. 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 7.2 1999-2000 MUNICIPAL BUDGET - The FY 99/2000 General Fund Budget estimates overall resources to be $11,606,960 and proposes $10,824,315 in expenditures. The proposed Capital Improvement Program Budget is projected to be $8,547,900. CM/Belanger explained the details of the proposed budget. Allen Wilson understood the City would lose their percentage of motor vehicle registration fees. However, the budget item indicates the income has increased. He asked for an explanation of "cafeteria plan" and why the Council's salary is smaller than the cafeteria plan budget item. CM/Belanger explained that the City's definition of a cafeteria plan is an amount of money allocated to each employee at two levels: management/exempt employees and general/miscellaneous employees. Each employee is able to select a medical plan and pay for that plan out of that money. If the medical plan does not consume the entire cafeteria amount then the cafeteria amount pours over into a 457 retirement account. The benefit is the same for all employees. Employees also have a vision plan and a dental plan and the employees share those plans out of the cafeteria benefit. The Council Members salaries are $500 per month. On a monthly basis, JUNE 1, 1999 PAGE 12 the cafeteria amount exceeds the City Council Member's salaries. With respect to motor vehicle in -lieu fees, the State ultimately reduced the amount of money that is paid by the vehicle registrant by 25%. Cities continue to receive 100% of the vehicle license fee. The State backfills the 25% amount. Therefore, cities did not suffer a loss as a result of the reduction of the registrant's fees. Council concurred to continue discussion of the 99-2000 Municipal Budget and Capital Improvement Program to June 15, 1999. 8. OLD BUSINESS: 8.1 ORDINANCE NO. 2A (1995): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE PURCHASING SYSTEM - The Council Finance Subcommittee recommended that the City Manager's purchasing authority be increased from $10,000 to $15,000. The subcommittee reviewed a survey of 18 cities and the City Managers' purchasing authority averaged $21,250. Due to the limitation of the D.B. City Manager's authority, Council has to continuously approve contract extensions for budgeted items such as printing and legal services. In addition, staff recommends that the limit for Purchase Orders be increased from the petty cash limit of $50 to $500. In reviewing P.O. limits in the cities surveyed, the average threshold for a P.O. requirement is approximately $1,600. C/Herrera moved, MPT/O'Connor seconded, to approve first reading and waive full reading of Ordinance No. 2A (1995) "An Ordinance of the City Council of the City of D.B. Amending the Purchasing System." 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 RESOLUTION NO. 99-44: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PARTICIPATION IN THE LOS ANGELES URBAN COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND AUTHORIZING THE MAYOR TO EXECUTE THE COOPERATION AGREEMENT BETWEEN LOS ANGELES COUNTY AND THE CITY OF DIAMOND BAR - The City, through a Cooperation Agreement, is part of the L.A. County Community Development Commission - CDBG program. The JUNE 1, 1999 PAGE 13 program was established through the Housing and Community Development Act of 1974 and is administered by the U.S. Department of Housing and Urban Development (HUD). To be eligible to receive CDBG funding, a City must either be an eligible metropolitan city or be a participating City in an Urban County Program. D.B. qualified as a "metropolitan city," based on a population of over 50,000, and can attain entitlement status effective July 1, 2000 or the City may continue to participate in the L.A. Urban County CDBG program. To continue to participate in the L.A. Urban County CDBG program, the City must execute a Cooperation Agreement by June 18, 1999 for a three-year cycle, July 1, 2000 to June 30, 2003. The City has been participating in the L.A. Urban County CDBG program since July 1991. In 1993 and 1996, the City elected to defer entitlement status and remain with the L.A. Urban County CDBG program as a participating city. C/Herrera moved, C/Ansari seconded, to adopt Resolution No. 99-44 approving participation in the L.A. Urban County Community Development Block Grant program and authorize the Mayor to execute the Cooperation Agreement. 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 REORGANIZATION OF CITY COUNCIL/ REDEVELOPMENT AGENCY AGENDA FORMAT - Continued from May 18, 1999. C/Ansari proposed holding Redevelopment Agency meetings from 6:30 to 7:00 p.m., prior to Council meetings. MPT/O'Connor recommended that this not be done until there are large Agency projects to be considered. C/Herrera suggested moving Council meetings up from 6:30 p.m. to 6:00 p.m. C/Ansari then suggested that the Agency agenda be moved to immediately after Special Presentations. C/Huff moved, MPT/O'Connor seconded, to retain the current schedule with the Redevelopment Agency meeting at the end of the Council meetings unless a special project is to be discussed, wherein JUNE 1, 1999 PAGE 14 the Agency will be convened before convening the City Council meeting. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Herrera, Huff, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS - Ansari ABSENT: COUNCIL MEMBERS - None RECESS TO REDEVELOPMENT AGENCY MEETING: M/Chang recessed the City Council Meeting to the Redevelopment Agency at 11:30 p.m. RECONVENE CITY COUNCIL MEETING: M/Chang reconvened the City Council meeting at 11:35 p.m. 10. COUNCIL SUB -COMMITTEE REPORTS AND MEMBER COMMENTS: C/Huff reported on his attendance at the COG meeting (C/Herrera also attended). He took the Metropolitan Water District tour of the Eastside Reservoir and invited other Council Members to take this interesting tour. He thanked the residents for their participation and the DBIA for their sponsorship of the May 22 Paint Your Town. He indicated that he had attended the Shopping Center Conference, during which empty spaces in the City were promoted. He was also initiated as Zone Director for Foothill Transit. C/Ansari attended the following meetings: San Gabriel Valley Economic Partnership - there is a $2,000,000 campaign to market the valley and the organization wants to hear from businesses that wish to be involved with the project and a Santa Ana Watershed meeting. She thanked the residents for their participation and the DBIA for sponsoring Paint Your Town; she thanked the Honda Dealership for sponsoring a Child Safety Day. She spoke about attending the Shopping Center Conference and the resulting future benefits to D.B. She asked staff to consider the issue of L.A. Stormwater Permitting and suggested that D.B. be allowed to adopt the Long Beach permit. She serves on water and trash committees and has been appointed to the NAFTA committee. C/Herrera reported that she serves on committees that are conducting truck studies. Preliminary information indicates that the increase in truck traffic on the SR 60 is due to an increase in business. She looked forward to going to Sacramento on June 8 regarding the Lanterman Expansion Project. MPT/O'Connor stated that on May 20, she attended the Chamber Mixer and invited everyone to attend the mixers. On May 22, she participated in Paint Your Town. She thanked DBIA for their sponsorship. She attended the Honda Child Safety Day, during which children were fingerprinted and parents were shown how to properly utilize child safety seats. On JUNE 1, 1999 PAGE 15 Wednesday, May 26, the Community/Civic Center Task Force met and attempted to establish closing comments. She encouraged residents to attend the June 5 workshop. Council will hold a special meeting on Tuesday, June 29 to discuss the matter. On May 27, the Finance Committee reviewed the proposed budget and warrant register. On May 28, she attended Career Day at Diamond Point Elementary School. She encouraged citizens to attend the Sheriffs Open House. She is still pursuing a WCCA Advisory Committee member and public member for the Governing Board. If interested, please call her or the City to schedule an interview. M/Chang participated in the water district tour of the Eastside reservoir; he attended Sheriff Baca's Asian Task Force meeting; Paint Your Town, and the Honda Dealership Child Safety Day. He spoke about being a witness for a recently married couple. He thanked the Chamber of Commerce for sponsoring the Small Business Seminar. On May 26, he attended Mt. Sac's discussion opposing the Lanterman Expansion Project. Also on May 26, Martha Bruske took him on a tour of D.B. He attended Sheriff Lee Baca's wedding on Saturday, May 29. That evening, he attended a 50th wedding anniversary party honoring the parents of Deputy Tim Perkins. 11. ADJOURNMENT: There being no further business to conduct, M/Chang adjourned the meeting at 11:50 p.m. LYNDA BURGESS, City Clerk ATTEST: Mayor CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Honorable Mayor and Members of the City Council MEETING DATE: June 15, 1999 REPORT DATE: June 7, 1999 FROM: Terrence L. Belanger, City Manager TITLE: Maintenance of Xerox Copy Machines for FY 1999-00. SUMMARY: In June, 1998, the City purchased two copy machines (Xerox 5100) from the Xerox Corporation. At this time, the City also entered into a three year contract for the maintenance of the two copy machines. For the Fiscal Year 1999-00, the City will need to establish an open Purchase Order in the amount of $18,000 for copy machine maintenance. This amount is based on the Monthly Base Fee ($396.55 per machine) and the Cost per Copy Fee ($.0107). RECOMMENDATION: It is recommended that the City establish an open Purchase Order in the amount of $18,000 with the Xerox Corporation for the maintenance of Xerox copy machines for the Fiscal Year 1999-00. LIST OF ATTACHMENTS: X Staff Report _Public Hearing Notification _, Resolution(s) — Bid Specification _ Ordinance(s) X Other — Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed N/A —Yes No by the City Attorney? — 2. Does the report require a majority vote? 3. Has environmental impact been assessed? X Yes _ No 4. Has the report been reviewed by a Commission? N A — Yes — No 5. Are other departments affected by the report? N/A -- Yes — No Report discussed with the following affected departments: — -- No REVIEWED BY: Anne M. Haraksin Administrative Assistant CITY COUNCIL REPORT MEETING DATE: June 15, 1999 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Maintenance of Xerox Copy Machines for FY 1999-00. ISSUE STATEMENT: Request for an open Purchase Order with the Xerox Corporation in the amount of $18,000 for the maintenance of the Xerox copy machines for the Fiscal Year 1999-00. RECOMMENDATION: It is recommended that the City establish an open Purchase Order in the amount of $18,000 with the Xerox Corporation for the maintenance of Xerox copy machines for the Fiscal Year 1999-00. FINANCIAL SUMMARY: The money ($18,000) will be expended from the General Fund. BACKGROUND/DISCUSSION: In June, 1998, the City purchased two copy machines from the Xerox Corporation. At this time, the City also entered into a three year contract for the maintenance of the copy machines. For the Fiscal Year 1998-99, the City established an open Purchase Order in the amount of $15,000. Thus far, the City has spent the $15,000, and has not yet been billed for the 4a` Quarter. Xerox bills on a Quarterly basis. On May 17, 1999, the City received a letter (Attachment "A"), which stipulates a price increase in the Monthly Base Fee and the Cost per Copy Fee. Section Sixteen of the Sale/Maintenance Agreement (Attachment `B") stipulates that "Xerox may annually adjust the Monthly Base and Print Charges established under the multi-year maintenance agreement, each such increase not to exceed 10%." For the Fiscal Year 1999-00, the Monthly Base Fee will be raised from $385 to $396.55, and the Cost per Copy Fee will be raised from $.0105 to $.0107. It must be noted, however, that the City receives an FSMA discount on the Monthly Base Fee. Therefore, in actuality, the City only will pay $337.07 for the Monthly Base Fee. Staff estimates that the City will need to establish an open Purchase Order in the amount of $18,000. This estimate is based on the Monthly Base Fee and through the evaluation of the amount of copies produced during the last three quarters. The copy amount information is as follows: 1" Quarter: Machine #1 67,860 Copies Machine #2 175,432 2°d Quarter Machine #1 51,723 Copies Machine #2 105,883 3`d Quarter Machine #1 58,423 Copies Machine #2 158,470 The average copy amount per Quarter per machine is estimated to be the following: Machine #1 59,335 Machine #2 146,595 The yearly copy estimate per machine is the following: Machine #1 237,340 Machine #2 586,380 It is estimated that 823,720 copies will be produced, and with a charge of $.0107, the yearly Cost per Copy Charge will be approximately $8,813.80. This total combined with the $7,415.54 (Monthly Base Fee) equals $16,229.34. (The Monthly Base Fee equates to $7,415.54 because in the Sale/Maintenance Agreement, the City negotiated a one month free service per year in the July timeframe for five years.) Therefore, it is recommended that the City establish an open Purchase Order for an amount not to exceed $18,000. Xerox Corporation Cust Business Ctr 800 Carillon Parkway St Petersburg, FL 33716 Tel # 888-435-6333 CITY OF DIAMOND BAR CITY HALL 21660 E COPLEY DR DIAMOND BAR CA 91765 May 15, 1999 RE: SUPPLIES & MAINTENANCE Product(s): Xerox 510ODDA Market Code 510ODDA Serial Number: 5TC105133 Installed at: CITY OF DIAMOND BAR CITY HALL 21660 E COPLEY DR DIAMOND BAR CA 91765 Your Purchase Order Number(s): 7444 NR99 Dear Customer: Our Cost per Copy agreement will reach an anniversary on 7/1/99. Price increases during your term JA *-CCC--W"e- L x.11 , V1 Our agreement permits Xerox to increase prices at each anniversary during your contract term. In accordance with that provision, our agreement will be subject to a price increase effective 7/1/99. This increase will not exceed 10% of the rates in effect during the prior twelve months of the term. Here are the prices that apply during the succeeding twelve months: Monthly Cost per Copy Charge - $ 396.55 Excess Copy Charge -$.0107000 Questions? If you would like to discuss this agreement or any of your other document needs, I invite you to call your local Xerox Sales Office or Authorized Sales Agent, STEVEN EAGLESON, at the phone number listed above. (over) THE DOCUMENT COMPANY XEROX CITY OF DIAMOND BAR MINUTES OF THE PARKS & RECREATION COMMISSION HEARING BOARD ROOM OF S.C.A.Q.M.D. 21865 Copley Drive APRIL 22, 1999 CALL TO ORDER: Chairman Nolan called the meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by Commissioner Anis. ROLL CALL: Present: Chairman Dan Nolan, and Commissioners Patty Anis, Annette Finnerty and Karen Holder. Vice Chairman Yvonne Pruitt arrived at 7:36 p.m. Staff: Bob Rose, Community Services Director; Wendy Bowman, Recreation Supervisor; and Marsha Roa, Administrative Secretary. MATTERS FROM THE AUDIENCE: None 1. CONSENT CALENDAR: 1.1 Approval of Minutes of March 25, 1999 Regular Meeting. C/Anis asked that the last word in the third sentence of paragraph 2 under Announcements on Page 4 be changed from "Youth" to "Used". Chair/Nolan moved, C/Finnerty seconded, to approve the minutes of March 25, 1999 as corrected. Motion carried 4-0 by Roll Call vote with VC/Pruitt being absent. 2. INFORMATIONAL ITEMS: 2.1 Recreation Update: APRIL 22, 1999 PAGE 2 PARKS & RECREATION COMMISSION RS/Bowman presented the recreation update for a. Athletics b. Tiny Tots C. Contract Classes d. Marketing Chair/Nolan stated that people who attended the City Birthday Party indicated they were very pleased with the contract classes. 2.2 1999 Summer Concerts in the Park Schedule. CSD/Rose presented the final schedule of 1999 Summer Concerts in the Park. The concerts are conducted at Sycamore Canyon Park on Wednesdays from 6:30 p.m. to 8:00 p.m. DATE BAND June 16 June 23 June 30 July 7 July 14 July 21 July 28 August 4 August 11 August 18 STYLE Southland Band Upstream Long Beach Jr. Concert Band Mike Henebry Orchestra Shout Alturas Orange Colored Sky Sam Morrison Band Instant Replay Future America Contemporary Hits Reggae Patriotic Big Band 60's Latin Jazz Top Rock Country Western Surfin' USA Youth Variety Show Chair/Nolan recommended that a better description be given to denote that the August 18, Future America concert is really a talent show so that the audience does not have the expectation that the concert will be of the same caliber as the other scheduled concerts. He also suggested that the City place additional bike racks in the park and encourage people to bicycle to one of the concerts. He asked that this matter be placed on the May 27 agenda for further discussion. CSD/Rose stated that the brochure information has been submitted. However, people could be encouraged to bicycle to the August 11 Instant Replay concert which is later in the summer and which would give staff an opportunity to promote it through the summer. APRIL 22, 1999 PAGE 3 PARKS & RECREATION COMMISSION C/Holder suggested that bike helmets could be given to cyclists by the Sheriff's Department as a promotion. 2.3 Park Projects. a. ADA Retrofit of Heritage Park and Ronald Reagan Park - Verbal report by CSD/Rose. CSD/Rose stated that the Heritage Park retrofit has begun. The play area has been graded and various areas of the walkway have been cleared. The project is moving along on schedule. The Ronald Reagan Park retrofit will begin upon completion of the Heritage Park portion. b. Soda Machine Installation - Verbal report by CSD/Rose CSD/Rose stated that at its April 6 meeting, the City Council approved the contract with Coca Cola. Installation is likely to take place in about 30 days. VC/Pruitt arrived at 7:36 p.m. 3. OLD BUSINESS 3.1 CITY'S 10th BIRTHDAY PARTY REVIEW. CSD/Rose reported that the carnival realized in excess of $3,300. There were nine rides and a petting zoo. There were approximately 150 booths at the event. Sixty of the booths were comprised of the Chamber's Business Showcase under the large tent. Approximately 50 vehicles were present for the Antique Car Show. C/Finnerty said she felt that her grandchildren were very safe in the carnival atmosphere and were able to feel independent. The celebration was extremely well organized and well put together. Participants were very enthusiastic. It was a lovely and gracious day. C/Holder stated that people told her the celebration had the old Ranch Festival/home town quality. She said she was very busy and had a number of good conversations with people who want a skate park. APRIL 22, 1999 PAGE 4 PARKS & RECREATION COMMISSION C/Anis said she really enjoyed the birthday celebration. It was fun and exciting and she liked how everything was situated. She spoke with a lot of people who seemed to really enjoy themselves. She saw several people who attend each year and love it each time they attend. She talked with one person who was looking for some kind of park area at the south end of Diamond Bar. Several people asked about a skate park and many people wanted to know how to get to Pantera Park. She said it might have been a good idea to have a trails map handouts available to show people how to get to the park. The business expo and craft fair appeared to be _successful. She indicated that the only problem she had was that her oldest son was bored all day. He didn't want to be there and didn't find anything that he was really interested in doing. He is 12 1/2. The rides are too small and he wasn't interested in the grown up rides. Otherwise, she believes everyone she spoke with had a great day. VC/Pruitt thanked staff and the committee members who worked on the City Celebration. Meetings were started early in the year and there was great continuity through the entire process. C/Holder stepped in and didn't miss a beat. She believes that this process helped to make the celebration a very successful event. She did not hear any negative feedback. There were a lot of questions from attendees. When she was at the Parks & Rec booth she decided they needed signs showing the directions to Pantera Park at each stop sign off of Diamond Bar Boulevard, Summitridge Drive, and Goldrush Drive. She said she very much enjoyed the Civic Center Task Force's booth and the questions that were being asked by the public and the interest shown on the part of the attendees. She liked the layout. She was able to walk around and enjoyed everything she saw. Most people did not want to leave. They wanted the event to be longer - a two day event. She liked the idea that Orien Pagan, Chamber of Commerce had mentioned of the big tent going up the night before the event and having a casino night with dancing, etc. Chair/Nolan said he heard only good comments about the event. In particular, the Civic Center Task Force booth provided an opportunity for a number of people to be included in the decision-making process. He spoke about the number of people who told him they had been to Pantera Park and thought the facility was great and also a fair number of people who wanted to know where the park was located. He suggested that the City consider booking an event at Pantera Park to provide some interest. Some people said they wished that booths contained better identification. He said he heard positive comments about the limited number of rides - it was not APRIL 22, 1999 PAGE 5 PARKS & RECREATION COMMISSION too "carney" and had a more local feeling. He thought it was an awesome idea to have a Parks & Recreation booth. He pointed out that there is a fine balance between making the event a tad more elaborate and getting to the Ranch Festival of late. The home town feel is very important. The Commission discussed including square dance or line dance instruction with a fiddler present. C/Finnerty said she found it interesting that the Civic Center Task Force booth public participation (placing blue dots on a map) reflected the results of the Parks Master Plan telephone survey. The number one thing the community wants is a community swimming pool. Chair/Nolan stated that several Pantera Park neighbors voiced their approval of the park. C/Holder said that although people feel that the short duration of the event should be lengthened, there is good reason for it to remain the same. People need to leave feeling good about an event. She said she likes the idea of a different type of event the night before the celebration such as a square dance or line dance as previously discussed. 4. NEW BUSINESS - None ANNOUNCEMENTS: C/Finnerty spoke about the April 14 Civic Center Task Force meeting and the present course of the committee. C/Holder asked if the City has street signs directing people to Pantera Park. She asked for a status of the Sycamore Canyon fire. CSD/Rose responded that Pantera Park signs are forthcoming for Diamond Bar Boulevard and Grand Avenue. There are signs to most of the City's parks. With respect to the Sycamore Canyon fire, it was a five acre fire. The damaged home was deemed to be a 30 percent loss. The fire has been determined to be of suspicious origin which started in the lower part of the canyon just east of the creek. A wall of flame was carried by the wind to the homes above. C/Holder said she went to Los Angeles Museum of Art to view the Van Gogh exhibit. She is APRIL 22, 1999 PAGE 6 PARKS & RECREATION COMMISSION currently preparing for the Castle Rock School Faire. C/Anis said she was very impressed with the professionalism of the staff in attendance at the City Birthday Party. She stated she toured the parks a couple of weeks ago and they appear to be in pretty good shape. She spoke about the City of Walnut's class called "Parent's Night Out" and suggested that Diamond Bar could do something similar. RS/Bowman indicated that Diamond Bar offers a Pizza Night at Sycamore Canyon Park. Last year's event was cancelled due to lack of response. C/Anis reminded everyone that the Friends of the Library Wine Soiree will be held this Sunday from 3:00 p.m. to 6:00 p.m. Tickets are $25. VC/Pruitt said her plate has been very full and overflowing. She participated in tours of Summitridge Park and Sycamore Canyon Park. They walked through Summitridge Park just prior to the Diamond Bar Breakfast Lions and City sponsored Easter Egg Hunt. The park was remarkably immaculate and the Easter Egg Hunt was a huge success. Sycamore Canyon Park walk-through was a lot of fun. She said she really had to knit -pick to find things that needed to be fixed. The flowers at Sycamore Park look very nice. She walked all the way to the back of the park and the only thing she found was a small amount of rubble that was cleaned up the next day. The fence looked good - no graffiti. The green mesh fence on the storage enclosure hides a lot and it looks good. She asked them to hose down the buildings so that they don't look so dirty and intimidating to the kids. At Sycamore Canyon Park the adjacent apartment complex was cleaning the hill which made the park look better. Both parks were great. She worked as an official for the Mt. SAC relays and attended the Hall of Fame banquet for athletes. She said she would Like to see Diamond Bar Parks & Rec and Commissioners more involved in the relays. The relays bring a lot of business to the City. She thought Stadium Day at Diamond Bar High School was a great event. The Pop Warner sign ups at the Birthday Celebration was a huge success. She said it appears that Pop Warner will have two Mighty -Mite teams. The Pop Warner Golf Tournament will be held May 3. Pop Warner needs a lot of assistance from sponsors and golfers. The Tournament has lost a couple of its major sponsors. Diamond Bar High School is having a play the same day as the Wine Soiree. She cannot attend and offered her tickets to anyone who may wish to attend the play. She is busy working on the Quail Summit Elementary School Carnival fundraiser which will be held tomorrow afternoon from 3:00 p.m. to 8:00 p.m. Chair/Nolan asked that the following items be agendized for the May 27 meeting: Mission Statement, update on and description of the Upper Sycamore Canyon riparian habitat, and the 501(c)(3) Foundation status and its relationship to the Civic Center Task Force. He said he spoke with the principal of Golden Springs Elementary School with respect to the school's needs. He APRIL 22, 1999 PAGE 7 PARKS & RECREATION COMMISSION has not yet spoken with the principal of Lorbeer Middle School. He will have a report of his discussions at the May 27 meeting. Carolyn Wysowski is the new regional commissioner for the local AYSO. His park tours have been delayed. ADJOURNMENT: C/Finnerty moved, C/Anis seconded, to adjourn the meeting. There being no other business to come before the Commission, Chair/Nolan adjourned the meeting at 8:25 p.m. Respectfully Submitted, /s/ Bob Rose Bob Rose Secretary Attest: /s/ Dan Nolan Dan Nolan Chairman CITY OF DIAMONv BAR AGENDA REPORT AGENDA NO. TO: Honorable Mayor and Members of the City Council MEETING DATE: June 15, 1999 REPORT DATE: June 7, 1999 FROM: Terrence L. Belanger, City Manager TITLE: Exoneration of Grading Permit Bond (Faithful Performance, Labor & Material) and Faithful Performance Bond fiw Corrective Geologic Improvements for Tract 43162 in Diamond Bar. SUMMARY: The Principal, the William Lyon Homes, Inc. requests the release of their surety bond for improvement security as required in accordance with the Subdivision Map Act. The City Engineering and Public Works Division finds that the principal has provided sufficient proof of completed grading of lots 1- 116 located within Tract No. 43162, as indicated on the final grading certification signed by the County on file with the City. The City Engineering and Public Works Division also finds that the Principal has provided sufficient proof of completed corrective geologic improvements for lots 1-116 in Tract 43162, as indicated on a letter dated 3/18/94 by Donald Brockway, Principal Engineer with Leighton and Associates. RECOMMENDATION: It is recommended that the City Council a) approve the exoneration of Grading Permit Bond, in the amount of $146,300.00 and Faithful Performance Bond for Corrective Geologic Improvements in the amount of $114,800.00 for Tract No. 43162 and b) direct the City Clerk to notify the Owner and Surety of this action. LIST OF AT'T'ACHMENTS: ILStaff Report _ Public Hearing Notification _ Resolution(s) _ Bid Specification _ Ordinances(s) x Other: Bond agreements; letter of request _ Agreement(s) dated 4/29/99. EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed N/A Yes No by the City Attorney? _ _ 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? N/A No 4. Has the report been reviewed by a Commission? _Yes _ N/A Yes No Which Commission? _ _ 5. Are other departments affected by the report? N/A No Report discussed with the following affected departments: _Yes _ REVIEWED BY: Terrence L. Belang City Manager Isties DeStefan Deputy City M ager D d . iu Deputy Director of Public Works CITY COUNCIL REPORT AGENDA NO. MEETING DATE: June 15, 1999 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Exoneration of Grading Permit Bond (Faithful Performance, Labor & Material) and Faithful Performance Bond for Corrective Geologic Improvements for Tract 43162 in Diamond Bar. ISSUE STATEMENT Consider exoneration of Grading Permit Bond and Faithful Performance Bond for improvement securities as required in accordance with the Subdivision Map Act. RECOMMENDATION It is recommended that the City Council a) approve the exoneration of the Grading Permit Bond in the amount of $146,300.00 and Faithful Performance Bond for Corrective Geologic Improvements in the amount of $114,800.00 for Tract No. 43162 and b) direct the City Clerk to notify the Owner and Surety of this action. FINANCIAL SUMMARY This action has no fiscal impact on the City. BACKGROUND Prior to incorporation in 1989, all of the projects in the unincorporated area of Diamond Bar were reviewed and inspected through the various departments of the County of Los Angeles. The County of Los Angeles entered into agreement with William Lyon Homes, Inc. to complete grading in accordance with their approved plans and specifications. The owner guaranteed faithful performance of this agreement by posting a Grading Permit Bond in the amount of $731,500.00 with the County of Los Angeles on July 26, 1984. A surety bond decrease penalty rider in the amount of $146,300.00 was agreed to and accepted on December 9, 1986. The subject lots are located within Tract No. 43162, north of Brea Carryon Cutoff Road (See Exhibit "A"). All grading has been approved on August 10, 1988 by the County's Engineer, Mr. Robert Quin for lots 1-15, 32-49, 111-116 and the County's consultant, Mr. Edward Pearson with The Pearson Group for lots 16-31, 50-110. The County also entered into agreement with William Lyon Homes, Inc. to complete corrective geologic improvements for lots 1-116. The owner guaranteed faithful performance of this agreement by posting a FaiffW Performance Bond for Geologic Improvements in the amount of $114,800.00. The corrective geologic improvements for lots 1-116 in Tract 43162 have been approved by Donald E. Brockway with Leighton and Associates on April 24, 1985. DISCUSSION The following bonds are recommended for exoneration: Account Number and Amount: Bond Number 712 7850 for $146,000.00 and Bond Number 712 8169 for $114,800.00. Suiety: Fireman's Fund Insurance Company (Bond Number 712 7850) The American Insurance Company (Bond Number 712 8169) Reason: All grading and geologic improvements have been completed and approved by the County of Los Angeles. Prepared by: Sonya Joe m X A 7 N O N N yF -tom=r- •. W i �� .. I d • 11 y w �' . M J � ios w • , 1! D • t7t1 f� •f. aD m w C a ON _ • N w• •w • N iI. r . M N 1 1 ••. .M m Z • ]7 q W to J ` N .79 44. O )I N N 77�w., •N V '�. •� • � 76• ,37 W W .17 C ♦ •i9 — O I N N, , M N — J K. . h \ � vol ul „ tD i 1j a7 O 1 N N co N r•fif' . ttwi)t71 N • 17 +� Ot 0\ 101 • e7 u — , a A 1 a p* E • yi O Ir• 7 L• 1 W •a• .e� r ss v _ 0 ir. r. w. w O o w• S G o ft• 3� 33 Nl 3"1Sol r y T �' W lr. .7i W V �• ,33 awsftr EE7) S S• Gs ►6 N % » a 31 N � + v %lb y~ r ti• a. •rPobl 1 • ra ti lo. ' of _ w � • � p • A p � tl• .rl N � t•Y9� 1 V rs • 3. . r> OW N � ,7 w N c� 4, ` — J All + (V j1� idK PM • I FOA L NN\ Njj 11NfMt NN[1I7lffsfN • 7 - FM 21316 - B FIRE ZONE 4 1I 1111111 fr IIlfn7 nn xllnx7linitl�n loos 'nrnotlnnnnlllfnrnnnlnrrn■/IIIIII,n In,./nnnnnnrnll/rI/IIn+nII + ' I• ORANGE FIRE ZONE 3 ,,,PM NO 2530 William Lyon Homes, Inc. April 29, 1999 Ms. Sonia Joe CITY OF DIAMOND BAR 21660 Copley Drive Suite 190 Diamond Bar, CA 91765 RE: RELEASE OF TRACT WS 45268, 43760, 43162 & 444824 Dear Sonia: I am hereby requesting that the City of Diamond Bar release the below referenced bonds. Woodglen — Diamond Bar Tract # 45268, 43760 BOND NUMBER TRACT NO. DESCRIPTION 7132149 45268 Grading Permit 7129261 43760 Grading Permit 7130347 43760 Geological Imprv. CURRENT BOND AMOUNT $ 170,000 $ 1,260,000 $ 33,000 Oakridge — Diamond Bar Tract # 43162, 44824 BOND NUMBER TRACT NO. DESCRIPTION CURRENT BOND AMOUNT -.1`7127850 43162 Grading $ 146,300 --7128169 43162 Corrective Geologic Imp. $ 114,800 7131401 44824 Park, Sewer Line Entry Sign $ 20,000 7131388 44924 Grading Permit $ 35,427 Your expeditious processing of this request would be greatly appreciated. Should you have any questions, please contact me at (949) 476-5464. Thank you dtacy ckenson Construction Assistant 4490 Von Karman Avenue, Newport Beach, California 92660-2008 • (949) 833-3600 • FAX (949) 476-2178 MAR. 10. 1999 11: 38AM .I SOCAL OCEAN/SURETY DEPTS, i ! I ! M , E x i d a pW I �Q m0 1 � x NO. 7528 P. 11 I lk 9£!-d ZO/ZO'd £9£-1 9Z9919ZBy8+ 'ONI 'SMONG 33N nsw i 010-MOad YItl91'll 56-01-dyA r1v J J P 14 1 T B r , D Four copies executed 0OW ALL MEN BY THESE PRESENTS:r ,..c -, BOND NUMBER t 712 7850 Premium: $3,658.00 That we The William Lyon Company 19 Corporate Plaza, Post Office Box 1520 of Newport Beach 92660 California, as principal, and The American Insurance Company a corporation, as surety, are held and firmly bound unto the County of LOS ANGELS ,�a5Wy politic and corporate of the State of California, in the sum of --- lawful money of the United States, for the payment of which well and truly to be made we hereby bind ourselves, jointly and severally, firmly by these presents. *Seven Hundred Thirty-One�ousand Five Hundred July 84 Signed, sealed and dated this 2 day of 19 HE_RESS, an application by the above-named principal, has been made to the DEPARTMENT OF COUNTY ENGINEER, COUNTY OF LOS APlGELES, Division of Building and Safety for the issuance, to said principal, of a permit to perform excavation or.fill work or both within the County of Los Angeles more specifi- cally described in the application for a Grading a it, upon a location owned by said principal :morn as lot , block , tract 4162 , locality or as street.address of in accordance with the provisions of Chapter 70 of the Los Angeles County Building Code, and WHEREAS, Los Angeles County Building Code, Chapter 70, requires as a condition precedent to the issuance of said permit that the principal shall furnish a bond in the sum above named to the County of Los Angeles, conditioned as hereinafter set forth: NOW, THEREFORE, (1) If the principal shall well and truly comply with all the applicable requirements of Los Angeles County Building Code, Chapter 70, and (2) If all of the work required to be done complies with all of the terms and conditions of the ?ermit for excavation or fill or both to the satisfaction of the County Engineer and is cospleted within the time limit specified in the Grading Permit, then this ob- ligation shall be void; otherwise it shall remain in full force and effect. It is understood that the liability of the principal and surety upon this bond shall be in effect from the date hereof and remain in effect until the completion of the work in compliance with all terms and conditions of said Grading Permit and until final approval thereof by the County Engineer. It is further understood that the County of Los Angeles, or the surety, or both, or :any authorized representative of either, shall have the right to enter the above described property for the purpose of inspecting the work, and should the principal default in the performance of any of the terms and conditions of the Grading Permit, the said County, or surety, or both, or agent of either, shall have the right of access to the property and may complete the work necessary for compliance with requirements of said Building Code, Chapter 70. It is also understood that the time limit specified in the permit above mentioned, may be extended for good and sufficient cause by the County Engineer. No such extension of time shall be valid unless the same be in writing and no such extension of time shall release the principal or surety from the obligations of this bond. Where the work requiring this bond is located within an incorporated city and the County of Los Angeles is the enforcement agency, the obligation of this bond shall Include the incorporated city where the work is to be performed. In such case the words "Department of County Engineer, County of Los Angeles, Building and Safety Division" and "Building Cfficial" s'tall' =. an s'Jch Department and Official respectively while acting, respectively, as the appropriate department and official of such city. The words "Los Angeles County Building Code" mean the building code or other ordinance having provisions the same as, or substantially similar to Chapter 70 Of said Los Angeles County Building Code. IN WITNESS WHEREOF the principal and surety caused this bond to first above written. _ The Wil (Seal) - .Qheipal and year • 'lel. � +?ry:�1� COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS BUILDING AND SAFETY DIVISION ENGINEERED GRADING - -- = CONSULTANT.., STATEMENTS (To be filed in*duplicote of the local Building and Safety Office) Job Address or Tract No. -Tract No. 43162 Locality.- Diamond Bal" Permit No. 8451 Owner -The William Lyon Company contractor F1ROUGH GRADING FBY FIELD ENGINEER Based upon the observations, roue;h gradincj of the lots ligtrd bplow liar: been rompleLed in ronform:uu•c With plans tht nfur marked "AI'I'MM I D by Litt! county, ural HuiltUutl Cutlt: chapter 7U. the Wort. snclu.tus but is not limited to the following: .grading to approximate final"elevations; staking of property lines; location and gradient ul cut and fill slopes; location, cross-sectional configuration and flow - line gradient of drainage swales and terraces (graded reudy fur paving); berms installed Where indicated; and required drainage slopes provided on building pads. LOT NOS. , As -built plans have been prepared Latest plan revision date Remarks: Engineer Reg. No. Date - Signature) BY SOIL ENGINEER Based upon the tests and observations, the earth fills placed on the follouing lots were installed upon properly prepared base material and compacted in compliance With requirements of Building Code Section 7016. Fill slope surfaces have been compacted azul buttress fills or similar stabilization measures have been installed in accordance with my recommendations us approved by the Building Official. Sub - drains have been provided Where required and locations of said sub -drains are shown on plans dated LOT NOS. See report dated for compaction test data and procedures, recommended allowable soil bearing values and other special recommendations. EXPANSIVE SOILS (YES) (NO) LO1 NOS. BUTTRESS FILLS (YES) (NO) LOT NOS. Remarks: Engineer Reg. No. 5i gnature) Fx] FINAL GRADItC ` , , . r_1 BY FIELD ENGINEER Date IM Siu`sc t.a-......� approved plans and applicable provisions Of the J i ,i ,,ii ^c zt,i LOT NOS. _ Remarks: Landscape Architect Reg. No. Date J or Civil Engineer Signature = , ; r— Permit No .�---. DEPARTMENT USE ONLY. ,Address or Tract No. s l iatle Date ' Report approver by• Items approved: Rough Grading - Lot Numbers Final Grading - Lot Numbers Planting & Irrigation -Lot 'Numbers -- - - ------ --- -- Soils Report Dated Approved by P.emarks COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS BUILDING AND SAFETY DIVISION ENGINEERED. GRADING CONSULTANT STATEMENTS - (To be filed in duplicate of the local Building and Safety Office) ' Job Address or Tract No. Tract No. 43162 Locality Diamond.Bar Ovner The William Lyon Company Contractor _ Permit No. 8451 D ROUGH GRADING J DBY FIELD ENGINEER based upon the observations, ruu(jh q1-Udinrl of the lots listrel below har. been completed in enntorm:unr with plans therefor marked "M'I'MIC)" by the_ County, anal lWiletieal Cod(.- Chuleter %U. the WOO, iurLules but is not limited to the following. grading to approximate final elevations; staking of property lines; location and gradient ut cut and fill slopes; location, cross-sectional configuration and flow - line gradient of_drainage svales and terraces (graded ready for paving); berms installed where Indicated; and required drainage slopes provided on building pads. LOT NOS. - As -built plans have been prepared Latest plan revision date Remarks: Engineer - Beg. No. _ Date Signature BY SOIL ENGINEER Based upon the tests and observations, the earth fills placed on the following lots were installed upun properly prepared base material and compacted in compliance with requirements of Building Code Section 7016. Fill slope surfaces have been compacted and buttress fills or similar stabilization mcusurrs have been installed in accordance with my recommendations us approved by the Building Official. Sute- drains have been provided where required and locations of said sub -drains are shown on plans dated LOT NOS. See report dated for compaction test data and procedures, recommended allowable soil bearing values and other special recommendations. EXPANSIVE $OILS (YES) (NO) LOT NOS. BUTTRESS FILLS (YES) (NO) LOT NOS. Remarks: Engineer Reg. Nu. Date (Signature) MFINAL GRFJlrC, PLANTIW, AM) IRRIGATION! STATEMENT BY LANDSCAPE ARCNITECiOR CIVIL ENGINE R The slope pianting'is-esstablishexl and . irrigai ion systems) installed in conformance with the approved plans and applicable provisions of the Uuilding.Code. - LOT NOS. Remarks: Landscape Architect -� - -- -- or Civil Engineer Reg. No. Date Signature . DEPARTMENT USE ONLY:' Address or Tract No.: Permit No. Uotr Report approved by: "iitic' Dote Items approved: =i Rough Crading - Lot Numbers Final Grading - Lot Numbers - - Planting 3 Irrigation Lot Numbers 7-" - -" - Soils Report Dated - -- Approved by _ _ .. ... .. _:.._......_..._ Remarks. COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS BUILDING AND SAFETY DIVISION ENGINEERED GRADING CONSULTANT STATEMENTS - (To be filed in duplicate of the local Building and Sofety Office) Job Address or Tract No. Tract No. 43162 over The William Lyon Company DROUGH CRADItrs Locality Diamond Bar Contractor Permit No_ - 8451 ❑ BY FIELD ENGINEER based upon the observations, rough gradincl of the lots 1i31oi1 brJow her; been completed in contormanrr• with plans thrrefur marked "AI'1'101VI D" by the: County, and IkiiLhuy Code Chuptar %U. lite work ineludut; but is not limited to the following: grading to approximate final elevations; staking of property lines; location and gradient ut cut and fill slopes; location, cross-sectional configuration and flow - line gradient of drainage swales and terraces (graded ready for paving); berms.installed where indicated; and required drainage slopes provided on building pads. LOT NOS. As -built plans have been prepared •..,. Latest plan revision date Remarks:- Engineer emarks.- Engineer Reg. No. -.:-' Date Signature F BY SOIL EtCINEER based upon the tests and observations, the earth fills placed on the following lots were installed upon properly prepared base material and compacted in compliance with requirements of Building Code Section 7016. Fill slope surfaces have been compacted and buttress fills or similar stabilization mcusurt-u have been installed in accordance with my recommendations us approved by the Building Official. Sub - drains have been provided where required and locations of said sub -drains are shown on plans dated LOT NOS. See report dated for compaction test data and procedures, recommended allowable soil bearing values and other special recommendations. EXPANSIVE SOILS (YES) (NO) LOT NOS. BUTIRESS FILLS (YES) (NO) LOT NOS. Remarks: d• Engineer Reg. Nu. Date (Signature) Fx1 F 1 NAL GRADM f l ov r".— PLANTING MD IRRIGATION STATUIENT ❑ BY L"SCAPE AP.CIIITECT OR CIVIL ENGINEER The slope planting is est.ublishect and the i.rriget ion system(s) installed in confo.rounce vitt] tlu: approved plans and applicable provisions of the Building Code. LOT NOS. Remarks: Landscape Architect or Civil Engineer Reg. No, y `� Signature Date DEPARIKENT USE ONLY: _Address or Tract No..:, Permit No. ' Date Report approved by: Title' pate Items approved: Pough Grading - Lot Numbers Final Cradiny - Lot Numbers N COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS BUILDING AND SAFETY DIVISION ENGINEERED GRADING - CONSULTANT STATEMENTS (To be filed in duplicate at the local Building and Safety Office) Job Address _ or Tract No. Tract No. 43162 Locality Diamond Bar - Permit No. 8451 Owner The William Lyon Company contractor -. DROUGH GRADING BY FIELD ENGINEER With plans therefor marked "A1'P1awl U"ahynthe County,taf► d111ui1diii-i �l do t-Iniptuio 0. ' td - Based upon the observations rough in ennfnrman,-e- . _ P e wort, inrJuJcs but is not limited to the following. grading to approximate Iinal elevations; staking of property lines; location and gradient of cut and fill slopes; location, cross-sectional configuration and flow - line gradient of drainage swales and terraces (graded ready for paving); berms installed where indicated; and required drainage slopes provided on building pads. LOT NOS. As -built plans have been prepared _..._..__ Latest plan revision date Remarks: Engineer Reg. No, Signature Date FBY SOIL ENGINEER Based upon the tests and observations, the earth fills placed on the following lots were installed upon properly prepared base material and compacted in compliance with requirements of Building Code Section 7016. Fill slope surfaces have been compacted and buttress fills or similar stabilization measures have been installed in accordance with my recommendations us approved by the Building Official. Sub - drains have been provided where required and locations of said sub -drains are shown on plans dated LOT NOS. See report dated for compaction test data and procedures, recommended allowable soil bearing values and other special recommendations. EXPANSIVE SOILS (YES) (NO) LOT NOS. BUTTRf_SS FILLS (YES) (NO) LOT NOS. Remarks: Engineer Reg. Nu. Signature) FINAL GRADING Fx] RY FTFir) Phrn NFFo Date A % Y PLANTING Akp IRRIGATION STATEMENT F❑ BY LANDSCAPE ARCHITECT OR CIVIL ENGINEER ' 1 The slope planting is eslt;lishud and thti irrigation 9ystem(s) installed in conformance with the approved plans and applicable provisions or the Building Code. LOT NOS. Remarks: Landscape Aychitect or Civil Engineer Reg. NO. Date (Signature) DEPARTMENT USE ONLY: Address or Tract No.: Permit No. '.Date Report approved by: Title Date e Items approved: Rough Crading - Lot Numbers Final Grading -Lot Num!)ers Planting & Irrigation Lot Numbers Soils Report Dated'Approved by Date Remarks UNTY OF LOS ANGELES DEPARTMEN-f OF PUBLIC WORKS BUILDING AND SAFETY DIVISION ENGINEERED GRADING CONSULTANT STATEMENTS (To be filed in duplicate of the local Building and Safety Office) Job Address or Tract No. Tract No. 43162 Locality Diamond Bar Permit No. 8451 Owner The William Lyon Company Contractor F ROUGH GRADING ---- -- --- — -- .— F BY FIELD ENGINEER Based upon the observnlions,rou(jh grsdinq of the lots listed below hi+c been completed in ronl'ormaner .----with plans-therel'ur marked "AlIPHOVIE)" by the County, aril ituilrliuy Cudu Chupter 7U. the wort, inrlu.les but is not limited to the following: grading Ed approximate final elevotions; staking of property lines; - location and gradient of cut and fill slopes; location, cross-sectional configuration and flow - line gradient of drainage swales and terraces (graded reudy for paving); berms installed where indicated; and required drainage slopes provided on building pads. LOT NOS. - As -built plans have been prepared Latest plan revision date -' Remarks: - -- Engineer _ _- - -- --- - --- _ - Reg: - Signature --Date -------y.. - ❑ BY SOIL ENGINEER Based upon the tests and observations, the earth fills placed on the following lots were installed upon properly prepared base material and compacted in compliaiice with requirements of Ouilsing Codc Section 7016. Fill slope surfaces have been compacted and buttress fills or similar stabilization meusures; have been installed in accordance with my recommendations as approved by the Building Official. Sub - drains have been provided where required and locations of said sub -drains are shown on plans dated LOT NOS. See report dated for compaction test data and procedures, recommended allowable soil bearing values and other special recommendations. EXPANSIVE SOILS (YES) (NO) LOT NOS. BUTTRESS FILLS (YES) (NO) LOT NOS. Remarks: Engineer Reg. No. (Signature) RFINAL GRADING BY FIELD ENGINEER x Based upon the observations, the grading subsequent to the (tough Grading has been completed in accordance with the approved plans and specifications. All required surface drainage devices have been installed. Prnvicinne hn.,P hoon mnsP fnr rsrainane of surface water, around or000sed buildinus and their Date PLANTING AND IRRIGATION STATEMENT ❑BY LANDSCAPE ARCHITECT OR CIVIL ENGINEER The slope planting is estoblishtidend the'.irrigation system(s)JnsEalled in conformance with the approved plans. and applicable provisions of the• Building Cqde, LOT NOS. Remarks: Landscape Architect or Civil Engineer. Reg. No. Date (Signature) ZX DEPARTMENT USE ONLY: Address or Tract No.: Permit No. Date Report approved by:Title Date' - Items approved: Rough Grading_-_ Lot Numbers Final Crading Lot Numbers Planting & Irrigation — Lot Numbers Soils Report Dated Approved by. Date 7- 9 COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS BUILDING AND SAFETY DIVISION ENGINEERED GRADING CONSULTANT STATEMENTS (To be filed in duplicate of the local Building and Safety Office) Job Address or Tract No. Tract No. 43162 locality Diamond Bar Permit Na. 8451 Ovner The William Lyon Company Contractor ROUGH GRADING - BY FIELD ENGINEER Based upon the observations, rourth rtradinq of the lots lint(•el belov hn% been completed in ronlormanve• with plans therefor marked "APPIUMI),, by till: t'ewnty, anJ Id1i111re1�I Cu11u L -hunter 70. the wort. irlrlu.ha but is not limited to the following: grading to approximate final elevations; staking of property lines; location and gradient t cut and fill slopes; location, cross-sectional configuration and flow - line gradient of drainage swIles and terraces (graded ready for paving); berms installed where indicated; and required drainage slopes provided on building pads. 1 n• K ne As -built plans have been prepared Latest plan revision date Remarks: Engineer Reg. No. Date Signature __.:..-..- ❑BY SOIL EWMNEER Based upon the tests and observations, the earth fills placed on the folloving lots were installed upon properly prepared base material and compacted in compliance with requirements of Building Code Section 7016. Fill slope surfaces have been compacted and bl,tlroso fills or similar stabilization measure:; have been installed in accordance with my recommendations us approved by the Building Official. Sub - drains have been provided where required and locations of said sub -drains are shown on plans dated LOT NOS. See report dated for compaction test data and procedures, recommended allowable soil bearing values and other special recommendations. EXPANSIVE SOILS (YES) (NO) LOT NOS. BUTTRESS FILLS (YES) (NO) LOT NOS. Remarks: Engineer Reg. No. Signature) FF INAL-GRADING .. —, _.- -1. Date PLANTING 1r`I) IRRIGATION STATEMENT FBy LMDSCAPE AROU TECT OR CIVIL ENGINEER the slope planting is established and tl-.e irrigalion system(s) installed in conformance will) the approved plans and applicable provisions of the Building Code. LOT NOS. Remarks: Landscape Architect Reg. No. Date or Civil Engineer Signature Permit No. - DEPARTMENT USE ONLY: Address or Tract No.: Title Date Report approved by: Items approved: - Rough Grading - Lot Numbers Final Grading - Lot Numbers Planting h Irrigation - Lot Numbers soils Report Dated Approved by Remarks 6/4/134 c p 6 sPX COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS BUILDING AND SAFETY DIVISION ENGINEERED GRADING :CONSULTANT STATEMENTS - -" (To be filed in duplicate of the local Building and Safety Office) or tract No, Tract No. 431 __.. Jas Address _. 62 Locality Diamond Bar Permit No. 8451 Owner The tai 1 1 i am T•3Znin (`mml)any • Contractor IDROUGH GRADING, , BY FIELD EPGINEER . _— _- -Based upon the observat eons,`• ruugh ractirn of the lots listed boo nr. be. er - comp Led in e�nl"o•man i 9 l .. below seem} e e ee With pians Lherel-ur-mucked ^At'111111U11)" by Lim: L•uunly, unJ Uuiidierl l:e.du lymgele:r 70. live wort, ineludus but isnot limited to the following: grading to approximate t•inul elevations; staking of property lines; Iocation and gradient u1 cut and fill slopes; location, cross-sectional configuration and flaw- ------- line gradient of drainage rivales and terraces (graded ready fur paving); herms installed where indicated; and required drainage slopes provided on building pada: - + LOT NOS.' As -built plans have been prepared ----'-----`--Latest plan revision date - - - - - _ Remarks•._...__.._. En sneer _ > Reg. No, .....,._--- :-_-_::_ .-:"::-• �--- Date ._._...�__.•�..._ _. Signature BY SOIL ENGINEER Based upon the tests and observations, the earth fills placed on the following lots were installed-upun properly prepared base material and compacted in compliance vith requireceents of Building Code Section 7016. Fill slope surfaces have been compacted armt buttress fills or similar stabilization meosureu have been installed in accordance with my recommendations us approved by the Building Official. Sub - drains have been provided_vhere required and locations of said sub -drains are shown on plans dated LOI LOS. See report dated for compaction test data and procedures, recommended allowable soil bearing values and other special recommendations. EXPANSIVE SOILS (YES) (NO) LOT NOS. - BU17RFSS 1F7LLS (YES) (NO) LOT NOS. Remarks: Engineer Reg. No. (Signature) DFINAL GRADING Date �v. Fj • PLANTING w) IRRIGATION STATEMENT BY LAhDSWE AP.CIIITEM OR'CIVIL ENGINEER F The -slope plantin9•is estobliuhed•and the, irrigation system(sT installed in conformance vitli the approved plans and applicable provisions or the Building Code. LOT N05. Remarks: landscape Architect - - _ --•� -- ----- _----_—• -• - --- • • � • or Civil Engineer Reg• No. Date Signature DEPARTMENT USE OA•LY: Address or Tract No.: Permit No:''�` ` Date Report approved hy: 1+' r3 :' ' Titic+ } .�S a`i .. `, a: Date Items approved: _ c:» . + �♦ +. r1 + ;. a`.,Z...< t ` Trough Grading - Lot Numbers ' Final Crading Lot Numbers -- --^ Planting h Irrigation = Lot Numbers— - - - -- Soils Rep' Dated "'-" -'Approved by '-" -'—'- 4 Date. Remarks ^ff t 3 1. ♦. _ _ .`ft. �:+•_- �_ - .. - 1r 6/4/04 j,1 P3 : - , Z. r� COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS BUILDING AND SAFETY DIVISION ENGINEERED GRADING CONSULTANT STATEMENTS (To be filed in duplicate of the local Building and Safety Office) or Tract No.Localit ������'%7C' Y Permit No. Owner Uorstractor DROLGi GRADI Nr, DBY FIELD ENGINEER Based upon the observ:ftions , ruugh gradin,, of the lots listr-d heJuw her: hien rompleted in arnelorm;u,rr with plans therefor marked "API'1111L•I U" by Lh:r County, ural 916111JnnJ Cuda (•):quer 7U. the wurl, ic:CIII&S but is not limiLed to the following: grading to approximate I"ina:l elevations; staking of property lines; location and gradient of cut and fill slopes; location, cross-sectional configuration and 1'lov- line gradient of drainage scales and terraces (graded ready for paving); berms installed where: indicated; and required drainage slopes provided on building pads. LOT NOS. As -built plans have been prepared Latest plan revision date Remarks: Engineer Reg. No. Date _.,.. Signature BY SOIL ENGINEER Based upon the tests and observations, the earth fills placed on the following lots were installed upon properly prepared base material and co.mpacted in compliance with requirements of Building Code Section 7016. Fill slope surfaces have been compacted and buttress fills or similar stabilization measure;: have been installed in accordance with my recommendations us approved by the Building Official. Sul, - drains have been provided where required and locations of said sub -drains are shown on plans dated LOT NOS, See report dated for compaction test data and procedures, recommended allowable soil bearing values and other special recommendations. EXPANSIVE SOILS (YES) (NO) L07 NOS. BUTTRESS FILLS (YES) (NO) L0T NOS. Remarks: Engineer Reg. No. Signature) 4 �"'�_IIILERY GRADING F1FIh FNf-THr1:D Date C-, PLANTINo Mr) IRRIGATION STATEMENT FBY LANDSCAPE APCl1ITECT OR CIVIL EWINEER The slope planting is esl.oblished and Lite' irrigation system(s) installed in conformance uilh the approved plans and applicable provisions of the Wilding Code. LOT NOS. Remarks: Landscape Architect--------._—--�----•-•---,--------•-------_.... ---- � or Civil Civil Engineer Reg. No. Date Signature _-__ -- DEPARTMENT USE OILY: Address or ract No.: Permit No, Date - Report approved by: Title '7 %j:: Date b Items approved: Cough Grading - Lot Numbers final Cradiny - LoL Numbers Planting h Irrigation = Lot Numbers Soils Report Dated __ .._ .. A pproved by Date Remarks Q LOS ANGELES COUNTY DEPARTMENT OF COUNTY ENGINEER -FACILITIES FAITHFUL PERFORMANCE BOND Bond #712 81 69 Prem. 4:DO KNOW ALL MEN BY THESE PRESENTS: That we, — -- - - -- - - -- Name of 19 Corporate Plaza, Newport Beach, CA 92660 --- Address as Principal and THE AMERICAN INSURANCE COMPANY as Surety, are firmly boundunto the 1n the sum of One hundred fourteen thousand eight hundred----------------- dollars ($ 114,800.00 ) , for the payment of which sum, we hereby bind ourselves, our heirs, executors, administrators, successors or assignees, jointly and severally. The condition of the foregoing obligation is such that where- as said Principal has entered into or is about to enter into the annexed contract(s) with the County of Los Angeles, pursuant to the authority of an act of the Legislature of the State of Cal- ifof.mia, known as the "Subdivision Map Act" (Division 2, Title 7, of the Government Code) and any amendments thereto, and pur- suant -to the authority of Title 21 of the Los Angeles County - Code, and any amendments thereto, which said contract(s), dated __ - , 1984 , are hereby referred to and made a part hereoft for the fo ow ng work: Corrective Geologic Improvement all for Tract No./=X)WftXlWXIi& 43162 in accordance with .the attached contracts) and is required by—said County to _give oris band in connection with the execution of said contract(s). It the annexed contracts listed above include an agreement for monumentation, then a further condition of the foregoing obligation is for the payment of the amount of the Bond to the Co-unty for the benefit of the authorized surveyor 'or engineer who has performed the work and has not been paid by the contractor as provided for in Division 2, Title 7, of the Government Code. Now therefore, if the said Principal shall completely perform all of the covenants and obligations of said contracts) and any alteration thereof made as therein provided, on his part to be performed at the times and in the manner specified therein, and in all respects according to its true intent and meaning, and shall indemnify and save harmless the County of Los Angeles, its officers, agents, and employees, as therein stipulated, then this obligation shall be null and void; otherwise it shall be and re- main in full force and effect. The Surety hereby expressly con- .,o *hm erant i na _ from time obligation hereunder and are waived by the Surety. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Furthermore, the Surety expressly agrees as follows: (1) If the Principal fails to complete any work hereinabove listed within the time specified in the annexed contract(s), the County may, upon written notice to the Principal, served in the time and manner provided in the applicable Code, determine that said work or any part thereof is uncompleted, and may cause to be forfeited to the County such portion of this obligation as may be necessary to complete such work. (2) If the Principal shall fail to complete more than one of the requirements hereinabove listed, within the specified time, the County shall not be required to declare a forfeiture of this obligation or to prosecute an action under this bond as to all such uncompleted requirements and may subsequently, from time to time, declare additional forfeitures or prosecute additional ac- tions under this bond as to any one or more of the remaining un- completed requirements, even though the County knows or has rea- son to know, at the time of the initial forfeiture, that the re- quirements to which the subsequent forfeitures or prosecutions of action pertain were not, as of the time of the initial forfei- ture, completed within the time specified for completion. (3) The County may expressly exonerate the Surety with respect to any one or more of the annexed contract(s) without waiving any of its rights against the Principal or the Surety under any other such contract(s). In witness thereof, the Principal and Surety caused this bond to be executed on this 4th day (Seal) of December , 19 8. THE WILAL Y, corporation PrinccNamara, Sr. esident Principal Z -1—r - Barbara L. Proffitt, st. Secretary . Surety THE AMERICAN INSURANCE COMPANY P.O. Box 1975 Address SANTA ANA, CA. 92702 No riders, endorsements, By or attachments have been made hereto by the Surety except as noted hereon to the right. Note: All signatures must be acknowledged before a notary public. (Attach appropriate acknowledgments) Patricia Brebner, Attorney in Fact LOS ANGELES COUNTY DEPARTMENT OF COUNTY ENGINEER -FACILITIES LABOR.AND MATERIAL BOND Bond #712 81 69 KNOW ALL MEN BY THESE PRESENTS: That we The William Lyon Company, a corporation Name of 19 Corporate Plaza, Newport Beach, CA 92660 Address as Principal and THE AMERICAN INSURANCE COMPANY as Surety, are firmly bound unto the.COUNTY OF LOS ANGELES in the sum of Fifty seven thousand four hundred------------ __ dollars ($ 57,400.00 ) , for the payment of which sum, we hereby bind our- selves, our heirs, executors, administrators, successors, or assign- ees, jointly and severally. The condition of the foregoing is such that whereas said Principal has entered into or is about to enter into the annexed contracts) with the County of Los Angeles, pursuant to the authority of an act of the Legislature of the State of California, known as the "Subdivision Map Act" (Division 2, Title 7, Government Code) and any amendments thereto, which said contracts) dated 119 R4 9 are hereby referred to and made a part hereof, for the following work: Corrective Geologic Improvement Labor and Materials all for Tract No./2W4jkAX*41Px) (R- 43162 and whereas, pursuant to said Code, the Principal must give this on for labor and materials before entering upon the performance of the work, to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California, as a condition to the execution of said contract(s) by the County. Now therefore, if said Principal fails to pay the contractor or subcontractor, or fails to pay persons renting equipment or furnishing labor or materials to the contractor or subcontractors for the perfor- mance erfor-mance of said contract(a), including any materials, provisions, or other supplies or teams, equipment, implements, trucks, machinery, or power used in, upon, for, or about the performance of the work con- tracted to be done, including any changes or alterations ordered by the County pursuant to the provisions of said contract(s), or for any . - ---- ._.e -- t. -- —_—..—a.— d.. .. ..-A-- *lnn successfully enforcing such obligation, to be fixed by the court, and to be taxed as costs, and to be included in the judgment therein rendered. This bond shall inure to the benefit of any and all persons, com- panies, and corporations entitled to file claims under Title 15 (com- mencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and re- main in full force and effect. The Surety hereby expressly consents to, and waives any prior notice of, the granting, from time to time by the County, to the Prin- cipal, of any extensions of time to perform and complete the work under the annexed contract(s), and to any changes or alterations to the terms of the contract(s) or to the work or to the specifications ordered by the County pursuant to the provisions of said contract(s). The Surety further expressly agrees that any extensions of time or any such changes or alterations shall not in any way affect its obligation on this bond. The provisions of Section 2845 of the Civil Code are not a condition precedent to the Surety's obligation hereunder and are waived by the Surety. In witness thereof, the Principal and Surety caused this bond to be executed on this 4th day of December , 19 84. THE WILLIAM0 COMPANY, co oration Principal James E. c amar . Sr. Vice President (Seal) Principal Barbara L. Proffitt, Asstl Secretary Surety THE AMERICAN INSURANCE -COMPANY P.O. BOX 1975 Address SANTA ANA, CA. 92702 By No riders, endorsements, or attachments have been made hereto by the Surety except as noted hereon to the right. PATRICIA BREBNER, ATTORNEY IN FACT Note: All signatures must be acknowledged before a notary public. (Attach appropriate acknowledgements) Accented on behalf of the Approved as to form f Lr.:1 iY OF LOS hNGUIN ' DErAhTI:EI,T OF c0:'::TY E':(.I.:I C� (;UILI)ING AND SAFL1Y NVIS1011 S_(1PFRV1SED_G_RAD1HG INSPECTI_DN VIRIFICAT1014 (To be filed in duplicate at the local Ruilding and Safety Office) ob Address r Tract No. Tract 43162 Park Site Offsite FillLocality _ Di_aDL01t�BarPermit 140. owner William Lyon ComqLa y __-- Contractor C._h1__ Poss _Inc_ LROUGH GRADING VER1F]CATION J („1 BY SOILS ENGINEER (A) t� I verify that the earth fills placed on the following lots were installed upon coi;:petent and properly prepared base material and compacted under rr�y supervision in compliance with requiremE of Building Code Section 7010. I further verify that where the report or reports of an engine( geolugist, relative to this site, have recoraiicnded the installation of buttress fills or sinilz stabili2ation measures, such earthwork construction has been completed in accordance with the approved design. Fill slope surfaces have been compacted in accordance with my reconrendations Sub -drains have been provided where required. LOT NOS. 1 through 116 - See report dated __April 24,-1985 for compaction test data, recon -ended allo•.,able soil bearing values ani otTier specia reco. endations. CXPA::SIVE SOIL YES 1:0 LOT NOS. LoW to very low per RC 29-2 Buttress or Stability Fills Yes) LOT NOS. 1-5, 10,_11, 66, 76-81, 86 - Re„arks: — �� Engineer�1-�/j ice ` /T .' �t Reg. No. 1355? Date 04/24/85 / (Sim tune) Donald E. Brockway BY SUPERVISING GRADING ENGINEER (B) I verify that rough grading of the lots listed below has been co:opleted under my supervision and in conformance with plans therefor marked "APPROVED" by the County of Los Angeles. The work verified as correct includes: grading to approximate final elevations; staking or proper lines; location and gradient of cut and fill slopes; location, cross-sectional configuration a flow -line gradient of drainage swales and terraces (graded ready for paving); berms installed where indicated; and required drainage slopes provided on building pads. LOT NOS. Complete one one of the following: As -built plans have been prepared Latest plan revision date — County approval date _ There have been no changes in design subsequent to permit issuance. Rec,arks : Engineer Reg. No. Date (Signature) FINAL GRADING VERIFICATION (C) I verify to the satisfactory completion of grading in accordance with the approved plans. Al required drainage devices have been installed; slope planting established and irrigation Sys' provided (where required); adequate provisions have been rade for drainage of surface waters from each building site; and included herewith, if required. is evidence of an effective rod control program. LOT NOS. Remarks: . _ _ n.•e ceotedand Environmental Engineering Consultarts March 18, 1994 Project No. 2820336-07 To: The William Lyon Company 4490 Von Karman Newport Beach, California 92658-7520 Attention: Ms. Linda Bradfield Subject: Bond Releases, Tracts 43162 and 43760, Pathfinder Road, City of Diamond Bar, California As requested by Ms. Anne Garvey, Assistant Engineer for the City of Diamond Bar, I am providing this letter to assist you in the release of bonds for corrective geological improvements for Tracts 43162 and 43760. Geologic conditions on Lots 1 through 116 of Tract 43162, park site and offsite areas were evaluated during grading and adverse geotechnical conditions have been mitigated. Geologic conditions on Lots 1 through 156 of Tract 43760 were also evaluated during grading and adverse geotechnical conditions have been mitigated. Rough grading of Tracts 43162 and 43760 have been accepted from a geotechnical point of view. A report of rough grading for each tract was completed and should be in file at the City. . If you have any questions V OFESSL please call us at (909) 860-7772. DONALD BROChWAY No. 166 Exp 3a c KS/DEB/rsh J'191�' TFCHN�CP��tP �F CAO�/ Respectfully submitted, LEIGHTON AND ASSOCIATES, INC. �o`/�C nald'E. Brockwa®R1661d7 Principal Engineer Distribution: (1) Address�y'ee� (1) City of Diamond Bar Attention: Ms. Anne Garvey 1470 SOUTH VALLEY VISTA DRIVE, SUITE 150, DIAMOND BAR, CALIFORNIA 91765 MAR 2 1 C4 (909) 860-7772 0 (800) 777-2286 FAX (909) 860-1089 TRANSMITTAL To: The William Lyon Company 4490 Von Karman Newport Beach, California 92658-7520 Attention: Ms. Linda Bradfield Transmitted: X Mail/UPS Courier Pick Up The Following: Draft Report 1 Final Report Extra Report Proposal Other Date: March 18, 1994 Project No. 2820336-07 For: X Your Use As Requested Subject: Bond Releases. Tracts 43162 and 43760, Pathfinder Road Citv of Diamond Bar, California. dated March 18 1994 LEIGHTON AND ASSOCIATES, INC. By: Kay St Peters Distribution: (1) City of Diamond Bar Attention: Ms. Anne Garvey 1470 SOUTH VALLEY VISTA DRIVE, SUITE 150, DIAMOND BAR, CALIFORNIA 91765 M 2 1 C4 (909) 860-7772 ' i June 16, 1999 The William Lyon Company P.O. Box 7520 Newport Beach, California 92660 Gentlemen: It is my pleasure to inform you, the principal, that Bond No. 7127850 in the amount of $146,000 posted for Grading and Faithful Performance Bond No. 7128169 for Corrective Geologic Improvements in the amount of $114,800 for Tract No. 43162 was released by the City Council of the City of Diamond Bar on June 15, 1999. Sincerely, Tommye A. Nice Deputy City Clerk Enclosure cc: Engineering Department August 12, 1996 The American Insurance Company P.O. Box 1975 Santa Ana, California 92702 Re: Principal - The William Lyon Company Gentlemen: It is my pleasure to inform you, the surety, that the Bond No. 712 8169 for $114,800 was exonerated by the City Council of the City of Diamond Bar at their meeting of June 15, 1999. Sincerely, Tommye Anne Cribbins Deputy City Clerk Enc. cc: The William Lyon Company Engineering Division CITY OF DIAMOND BAR AGENDA REPORT AGENDA N0. G. r TO: Honorable Mayor and Members of the City Council MEETING DATE: June 15,1999 REPORT DATE: June 8, 1999 FROM: Terrence L. Belanger, City Manager TITLE: AMENDMENT NO. 2 TO CONTRACT WITH ARMENTROUT CONSULTANTS FOR EMERGENCY PREPAREDNESS SERVICES SUMMARY: The preservation of life and property is an inherent responsibility of local, state and federal governments. This responsibility is carried out through planning for emergencies and the ability to adequately respond. Armentrout ConsuRants prepared the City Multihazard Functional Plan which serves as the basis for the City's emergency organization and operations. The consultants completed the City's Standardized Emergency Management Plan (SEMS) which was approved by the Governor's Office of Emergency Services in February,1999 and adopW by the City Council on April 6,1999. The focus of the consultants' efforts during FY 99-2000 will include: liaison with county, state and federal emergency agencies as required for public assistance, grants and other forms of emergency funding; monthly emergency training sessions with staff; continued staff training in the SEMS functions; conduct of field disaster exercise prior to January 1, 2000; development of emergency communications plan for City Hall and the EOC; completion of the inventory of City emergency equipment; provision of emergency preparedness public information; design and preparation of maps for use in the EOC; etc. RECOMMENDATION: It is recommended that the City Council approve Amendment No. 2 to the Professional Services Agreement with Armentrout Consulting for Emergency Preparedness Services for one year in an amount not -to -exceed $16,640. LIST OF ATTACHMENTS: _ Staff Report _ Public Hearing Notification _ Resolution(s) _ Bid Specification (on file in City Clerk's office) _ Ordinance(s) _ Other: x Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed X Yes _ No by the City Attorney? 2. Does the report require a majority vote? X Yes _ No 3. Has environmental impact been assessed? N/A _ Yes _ No 4. Has the report been reviewed by a Commission? N/A _ Yes _ No Which Comt*sion? 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: REVIEW BY: DEPARTMENT HEAD: 6Ch _ Terrence L.ger Lynfa Burgess City Manage City Clerk CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of February 5. 1998 by and between the City of Diamond Bar, a municipal corporation ("City") and Armentrout Consultants ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City as set forth in Exhibit "A", job announcement. B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performanceby the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "B" the Consultant's Response, dated December 30, 1998, to the City's Request. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "B." 2. Term of Agreement. This Contract shall take effect February 5. 1998, and shall continue until June 30. 1998 , unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "3." Payment will be made only after submission of proper monthly invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed one thousand dollars dollars ($-I.= per month. 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement -and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses. City: Terrence L. Belanger Consultant: Phil Armentrout City Manager Armentrout Consultants City of Diamond Bar 5570 Avenida Del Tren 21660 East Copley Drive Yorba Linda, CA 92687 Suite 100 Diamond Bar, California 91765-4177 950525 10572.00DDI biloW 1092677 4 6. Status as Independent Consultant. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or arty of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification. Consultant agrees to indemnify the City, its officers, agents, volunteers, employees, and attorneys against, and will hold and save them and each of them harmless from, and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, fume, entity, corporation, political subdivision or other organization arising out of the acts, errors or omissions of Consultant, its agents, employees, subcontractors, or invitees, including each person or entity responsible for the provision of services hereunder. In the event there is more than one person or entity named in the Agreement as a Consultant, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. Consultant shall at all times during the term of this Agreement cant', maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00;om-i—ions) eew�( V ; and (5) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property 950525 10572-00001 ,.}/d1 1092677 4 Page 2 damage, and automotive liability. The policy (ies) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non - renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the Policy) by the insurance carrier without the insurance carver giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement; shall be issued by an insurance company which is admitted to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less that A VII. C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. 10. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 950525 10572-00001 18j/d1 1092677 4 Page 3 13. Termination. City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, tc require Consultant to exclude any employee from performing services on City's premises. 15. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 16. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 17. Performance Evaluation. For any contract in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If ar-j -'=-compliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 18. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 95052510572.00001 b}/dl 1092677 4 Page 4 19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 20. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its cots of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 21. Notices. Any notices, bills, invoices, or reports required by this Agree:e::t shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 22. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 23. Counterparts. This Agreement may be executed in any number ofcointerparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 24. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk: 25. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. 950525 1OS72.00001 lysdl IM677 4 Page 5 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "City" ATTEST: City Clerk- Approved lerk Approved as to form: By:—" 4d--f�� City Attorney CITY OF DIAMOND BAR By: City M t�br "CONSULTANT" 6 /7�70a� By:.ACMEAL00L- Its: © w 0 EA 950525 10572-00001 tsysW 1092677 4 Page 6 CITY OF DIAMOND BAR AGENDA NO. (o AGENDA REPORT TO: Honorable Mayor and Members of the City R CountPORT (DATE: June 3, 1999 MEETING DATE: June 15, 1999 I:RnM. Lvnda Burgess, City Clerk TITLE: EXTENSION OF CONTRACT FOR MINUTE SECRETARY SERVICES SUMMARY: The City utilizes the services of a contract secretary to transcribe minutes for the City Council, Planning Commission, Parks & Recreation Commission and Traffic & Transportation Commission. These services allow clerical staff more opportunities cpop complete mai mailings for'vely hearingsaand other duties as public, answer phones, complete agendas, post notices, pete required. It has been proven that it is more cost effective to utilize the services of an outside Minute Secretary than to have staff prepare minutes. A one-year extension �t� an � ateement one-yeaW'th opt optionol forennis for renewal.It is now se services was approved by the City Council on July 1, necessary to prepare an RFP and solicit bids to again contract fos{ahffe best m vices ends extension to the said City.Due to the imminent expiration of the current contract (July 1, 1999), until October 1, 1999. RECOMMENDATION: It is recommended that the City Council authorize the City Manager to temporarily extend the agreement with Carol A. Dennis for Minute Secretary services for City Council, Planning Commission, Parks & Recreation and Traffic & Transportation Commission meetings in the amount of $6,000 for the period July 1, 1999 through September 30, 1999. EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? 2. Does the report require a majority vote? Majority 3. Has environmental impact been assessed? N/A 4. Has the report been reviewed by a Commission? Which Commission? 5. Are other departments affected by the report? Report discussed with the following affected departments: Services, Public Works REVIEWED BY: DEPARTMENT HEAD: Terrence L. Belanger *LydaBurgess City Manager City Clerk X Yes _ No _Yes _ No _ Yes No Yes X No X Yes _ No Community Development, Community The City of Diamond Bar is seeking qualified proposals for the services of Minute Secretary. If interested, please submit a price quote for completion. PROJECT: MINUTE SECRETARY The City of Diamond Bar conducts various meetings for which minutes need to be transcribed. Minutes are in the form of action minutes, which include summaries of comments from City officials and members of the public. The City is seeking a person who can listen to taped meetings and transcribe the elements of the meetings. Samples of formats used for City Council and Commission meeting minutes will be provided. The successful candidate will be responsible for preparation of the following minutes: City Council Planning Commission Parks & Recreation Commission Traffic & Transportation Commission — Minimum of 2 meetings monthly — 2 meetings monthly —1 meeting monthly —1 meeting monthly In addition to the above, there may periodically be other special meetings held; i,e., Design Review, Environmental Review, task forces, eta The City Council and Planning Commission meet for an average of four hours and the Commissions usually meet for an average of two hours. REQUIREMENTS: The Minute Secretary will pick up audio tapes at City Hall the day following the meeting. Typed minutes will be returned in MSWord Format on a high density, 3.5' disc in the same format as provided on the samples. PROPOSAL: Proposals shall include an hourly rate and any other charges applicable to completion of the project. Estimated tum -around times for preparation of the required minutes should also be provided as part of the proposal. Please submit quotations by June 15, 1999 at 5:00 p.m. The proposal will be for a one-year period with the possibility of one-year extensions, for a maximum of three years. Forward quotations to: Lynda Burgess, City Clerk City of Diamond Bar 21660 E. Copley Dr., Suite 100 Diamond Bar, CA 91765 For specific questions or additional information, please contact: Lynda Burgess, 909-396-5682 e-mail: lynda.burgesaftei.diamond-bar ca.us. CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. G 7 M TO: Terrence L. Belanger, City Manager MEETING DATE: June 15, 1999 REPORT DATE: June 9, 1999 FROM: Bob Rose, Community Services Director TITLE: Extension of Weed/Litter Abatement Contract with Lanterman Development Center. SUMMARY: For the past nine years, the City of Diamond Bar has contracted with Lanterman Developmental Center for supplemental weed and litter abatement services. The contract calls for 10.8 miles of public right-of-way litter abatement three times a month for $839.44 per month and weed abatement in a variety of areas once per month for $2,136.38 per four months. This contract provides for service in areas of Diamond Bar that are known to accumulate litter more rapidly than other areas of the community and for weed (continued on Page 2) RECOMMENDED ACTION: It is recommended that the City Council approve the extension of the contract with Community Industries Lanterman Developmental Center for supplemenal weed and litter abatement in Diamond Bar for fiscal year 1999/00 for a total contract amount of $16,483. LIST OF ATTACHMENTS: X Staff Report _ Resolution(s) Ordinance(s) X Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ Public Hearing Notification X Bid Specifications (on file in City Clerk's office) X Other: Letter of Agreement 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? X Yes No 2. Does the report require a majority vote? X Yes _ No 3. Has environmental impact been assessed? Yes _ X No 4. Has the report been reviewed by a Commission? _ Yes X No What Commission? — — 5. Are other departments affected by the report? Yes X No Report discussed with the following affected departments: _ None REVIEWED BY: DEPARTMENT HEAD: Terrence L. Belange City Manager James DeStefano Deputy City Manager Bob Rose Community Services Director City Council Agenda Report Weed/Litter Abatement Contract Extension Meeting Date: June 15, 1999 Page Two SUMMARY: (continued) control in the public right-of-way in areas not serviced by other contracts. Also, Lanterman Developmental Center has the flexibility to allow the City to subsitute emergency work for regularly scheduled work areas on an as -needed basis at no additional cost. The services provided by Lanterman Developmental Center result in a more aesthetically pleasing community and the frequency of these services is expected to provide clean, vegetation free right -0f -way in the areas of service. h s ntotal C P.I increase being sought fo the 1999100 fiscal contract amount since the 1994195 fiscal year. There year contract extension. CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. L2 0 TO: Terrence L. Belanger, City Manager MEETING DATE: June 15, 1999 REPORT DATE: June 9, 1999 FROM: Bob Rose, Community Services Director TITLE: Extension of graffiti removal contract with Graffiti Control Systems. SUMMARY: On the May 18, 1993, the City Council awarded a contact to Graffiti Control Systems, in the amount of $16,590 ($30 per site), for supplemental graffiti removal in Diamond Bar through June 30, 1994. The contract allows the City Council to extend the contract on an annual basis and adjust the quantity. of work to serve the best interests of the City. For the past six years the City Council has approved the extension of the contract at the same cost of $30.00 per site. There were a total of 1034 sites of graffiti removed in the 12 months of May 1998 through April 1999. After six years of servicing this contract, Graffiti Control Systems has proven that they can satisfactorily perform the specifications of the contract. Graffiti Control Systems has agreed to forgo a C.P.I. increase to extend the contract for the 1999100 fiscal year. RECOMMENDED ACTION: It is recommended that the City Council approve the extension of the contract with Graffiti Control Systems for graffiti removal in Diamond Bar for fiscal year 1999100 in an amount not to exceed $35,000 ($30 per site/1,160 sites) LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification _ Resolution(s) _ Bid Specifications (on file in city Clerks office) Ordinance(s) X Other: Letter of Agreement X Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? X Yes _ No 2. Does the report require a majority vote? X Yes _ No 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No What Commission? 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: None REVIEWED BY: N Rb ME T HEAD: Terrence L. Belanger es DeStefan e City Manager Deputy City Manager Community Services Director City of Diamond Bar Community Services Division Graffiti Removal Summary May 1998 - April 1999 (12 months) Month Sites Sq. Ft. Total Cost Cost Sq. Ft. July 98 79 2,350 $2,370.00 $1.01 August 98 68 1,748 $2,040.00 $1.17 September 98 114 2,586 $3,420.00 $1.32 October 98 57 1,480 $1,710.00 $1.16 November 98 74 2,210 $2,220.00 $1.00 December 98 96 4,475 $2,880.00 $0.64 January 99 79 3,770 $2,370.00 $0.63 February 99 89 3,460 $2,670.00 $0.77 March 99 104 6,875 $3,120.00 $0.45 April 99 82 3,230 $2,460.00 $0.76 Jun -98 117 2,740 $3,510.00 $1.28 May -98 75 2,280 $2,250.00 $0.99 Totals 1,034 37,204 $31,020.00 $0.83 AGREEMENT KNOW ALL MEN BY THESE PRESENTS: That the following agreement is made and entered into, in duplicate, as of the date executed by the City Clerk and the Mayor, by and between Graffiti Co t of Systems hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "City". WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and declared on the date specified in said notice; and WHEREAS, City did accept the bid from Contractor Graffiti Control Systems and; WHEREAS, City has authorized the City Clerk and Mayor to enter into a written contract with Contractor for furnishing labor, equipment, and material for graffiti removal 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 graffiti removal in the City of Diamond Bar. Said work to be performed in accordance with specifications and standards on file in the office of the City Manager and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Manager. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The aforesaid specifications are incorporated herein by reference thereto and made a part hereof with like force and effect as if all of said documents were set forth in full herein. Said documents, the Resolution Inviting Bids attached hereto, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require complete and finished work for each removal assignment and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the contractor whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 3. TERMS OF CONTRACT a. The undersigned bidder agrees to execute the contract within ten (10) calendar days from the date of notice of award of the contract or upon notice by City after ten (10) calendar days from the date of notice of award of the contract or upon notice by City after the 10 calendar days, and to 15 complete the work of each removal assignment within twenty- four hours of assignment. The bidder agrees further to the assessment of liquidated damages in the amount indicated in item 6 of the -attachment for assignments that remain incomplete beyond the scheduled completion time. City may deduct the amount thereof from any monies due or that may become due the Contractor under this contract. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4. INSURANCE: The Contractor shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the Contractor allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The contractor shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Compensation Insurance: Before beginning work, the Contractor shall furnish to the Engineer a certificate of insurance as proof that he has taken out full compensation insurance for all persons whom he may employ directly or through 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. Contractor, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the Contractor or any subcontractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $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. 16 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is qualified to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, it officers, agents and employees, and any other parties specified in the bid documents to be so included; -,3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under said policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt of a registered letter." 5) Otherwise be in form satisfactory to City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of Contractor or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days written notice thereof given to City by registered mail. The Contractor shall at the time of the execution of the contract present the original policies of insurance required in paragraphs a. and b. hereof, or present a certificate of the insurance company, showing the issuance of such insurance, and the additional insureds and other provisions required herein. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the 17 general prevailing rate of per diem wages for work of a similar character in locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Diamond Bar, 21660 E. Copley Drive, Suite 100, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. Pursuant to Labor Code Section 1775, the Contractor shall forfeit, as penalty to City, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statues of 1939, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Section 1777.5 of the Labor Code concerning the employment of apprentices and the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ration of apprentices journeymen that will be used in performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: a. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or b. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show it is replacing at least 1/30 of its membership through apprenticeship training on a annual basis statewide or locally, or d. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contribution to funds established for the administration of apprenticeship 18 programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him, or any subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or property resulting from defects or obstructions or from any cause whatsoever, except the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to city during the progress of the work or at any time before its completion and final acceptance. The Contractor will indemnify City against and will hold and save City harmless from any and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the contractor, his agents, employees, subcontractors, or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City, but excluding such actions, claims, damages to persons or property, penalties, 19 obligations, or liabilities arising from the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City, and in connection therewith: a. The Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations, liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The Contractor will promptly pay any judgement rendered against the Contractor or City covering such claims, damages, penalties, obligations, and liabilities arising out of or in connection with such work, operations, or activities of the Contractor hereunder, and the Contractor agrees to save and hold the City harmless therefrom. C. In the event City, without fault, is made a party to any action or proceeding filed or prosecuted against the Contractor for damages or other claims arising out of or in connection with the work, operation, or activities of the Contractor hereunder, the Contractor agrees to pay City any and all costs and expenses incurred by City in such action or proceeding together with reasonable attorneys' fees.. So much of the money due to the Contractor under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such action or claims for damage as aforesaid. 10. NON-DISCRIMINATION: No discrimination shall be made in the employment of persons upon public works because of the race, color, or religion of such persons, and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Division 2, Part 7, Chapter 1 of the Labor Code in accordance with the provisions of Section 1735 of said Code. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the Contractor for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with Contractor's Proposal dated March 5, 1993. 12. ATTORNEY'S FEES: In the event that any action or proceeding is brought by either party to enforce any term or provision of this Agreement, the prevailing party shall recover its reasonable attorney's fees and costs incurred with respect thereto. 13. TERMINATION: This Agreement may be terminated by the City upon the giving of a written "Notice of Termination" to Contractor at least ten (10) days prior to the date of termination specified in said 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. 20 IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed with all the formalities required by law on the respective dates set forth opposite their signatures. State of California-, Contractor's License No. GCDO Date APPROVED AS TO City Attonil4Y Date By: T' le Title CITY OF DIAMOND BAR, CFORNIA By: _ Maya,- By: , J /• City Clerk Contractor's Business Phone (800) 794-7384 or (818) 982-8480 Emergency Phone at which Contractor can be reached at any time \ 1 21 CITY OF DIAMOND BAR AGENDA REPORT AGENDA N0. TO: Terrence L. Belanger, City Manager MEETING DATE: June 15, 1999 REPORT DATE: June 9,1999 FROM: Bob Rose, Community Services Director TITLE: Extension of City -Wide Street Tree Maintenance Contract. SUMMARY: On July 5, 1994, the City Council awarded a contract to West Coast Arborists, Inc. for City-wide street tree maintenance. The first year of the contract was from July 1, 1994 through June 30, 1995. The contract allows the City Council to extend the contract on an annual basis if an extension is deemed to be in the best interest of the City. The contract also allows the City Council to determine the quantity of work to be performed by the contractor on an annual basis. Staff recommends that the extension for the 1999/00 fiscal year be in the amount of $80,000 in order to complete the scheduled area trim. West Coast Arborists, Inc. has done an excellent job servicing the City's tree maintenance needs. West Coast Arborists, Inc, has agreed to forgo a Consumer Price Index (C.P.I.) increase for the 1999/00 fiscal year contract, as they have for the past five years. RECOMMENDED ACTION: It is recommended that the City Council approve the extension of the contract for City-wide street tree maintenance to West Coast Arborists, Inc., in the amount not to exceed $80,000 for he 1999/00 fiscal year. LIST OF ATTACHMENTS: X Staff Report _ Resolution(s) _ Ordinance(s) X Agreement(s) EXTERNAL DISTRIBUTION: _ Public Hearing Notification _ Bid Specifications (on file in City Clerk's office) X Other: Letter of Agreement 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? X Yes —No 2. Does the report require a majority vote? X Yes _ No 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No What Commission? 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: None REVIEWED BY: Terrence L. Belang City Manager J es DeStefano Deputy City Mana er DEF)AR ENT HEAD: Community Services Director KNOW ALL MEN BY THESE PRESENTS: That the following agreement is made and entered into, in duplicate, as of the date executed by the City Clerk and the Mayor, by and between West Coast Arborists, Inc. hereinafter referred to as the "Contractor" and the City of Diamond Bar, California, hereinafter referred to as "City". WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and declared on the date specified in said notice; and WHEREAS, City did accept the bid of Contractor West Coast Arborists. Tnc_ and; WHEREAS, City has authorized the City Clerk and Mayor to enter into a written contract with Contractor for furnishing labor, equipment, and material for Citywide Street Tree Service as described in Exhibit "A". NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAI SCOPE OF WORK: Contractor shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for citywide street tree service. Said work to be performed in accordance with specifications and standards on file in the office of the City Manager and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Manager. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The aforesaid specifications are incorporated herein by -reference thereto and made a part hereof with like force and effect as if all of said documents were set forth in full herein. Said documents, the Resolution Inviting Bids attached hereto, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the contractor whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 3. TERMS OF CONTRACT a. The undersigned bidder agrees to execute the contract within ten (10) calendar days from the date of notice of award of the contract or upon notice by City after ten (10) calendar days from the date of notice of award of the contract or upon notice by City after the 10 calendar days, and to complete his portion of the work within one hundred twenty (120) calendar days from the execution of the first contract. The bidder agrees further to the assessment of liquidated damages in the amount of one -hundred ( $100.00) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the Contractor under this contract. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4.R Si TRANCE: The Contractor shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the Contractor allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The contractor shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Compensation Insurance: Before beginning work, the contractor shall furnish to the Engineer a certificate of insurance as proof that he has taken out full compensation insurance for all persons whom he may employ directly or through subcontsactors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every contractor shall secure the payment of compensation to his employees. Contractor, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the Contractor or any subcontractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) 5500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) Contractor's Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) Contractor's Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. c. Each such policy of insurance provided -for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is qualified to do business in the State of California. 2) Name as additional insured the City Or Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to by so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under said policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter. 5) Otherwise be in form satisfactory to City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of Contractor or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. The Contractor shall at the time of the execution of the contract present the original policies of insurance required in paragraphs a. and b. hereof, or present a certificate of the insurance company, showing the issuance of such insurance, and the additional insureds and other provisions required herein. 5. pg V AUMG WAGE: Notice is here by given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. Pursuant to Labor Code Section 1775, the contractor shall forfeit, as penalty to City, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. 6. APPRENTICESHIP EMPLOYMENT_: In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statues of 1939, and in accordance with the regulations of the California Apprenticeship council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Sections 1777.5 of the Labor Code concerning the employment of apprentices the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: a. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or b. When the number of apprentices in training in the area exceeds a ratio of one to five, or c. When the trade can show that i. is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or d. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contribution to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the Contractor and any subcontractor under him shall comply with and be governed by the laws Or the State of California having to do with working hours set forth in Division 2, Part 7, chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 9. CONTRA TOWS LIABILITY: The City of Diamond Bar and its officers, agents and employees shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen employees of the contractor of his subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever, except the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City during the progress of the work or at any time before its completion and final acceptance. The Contractor will indemnify City against and will hold and save City harmless from any and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the contractor, his agents, employees, subcontractors, or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City, but excluding such actions, claims, damages to persons or property, penalties, obligations, or liabilities arising from the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City, and in connection therewith: a. The Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations, liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The Contractor will promptly pay any judgment rendered against the Contractor or City covering such claims, damages, penalties, obligations, and liabilities arising out of or in connection with such work, operations, or activities of the Contractor hereunder, and the Contractor agrees to save and hold the City harmless therefrom. c. In the event City, without fault, its made a party to any action or proceeding filed or prosecuted against the Contractor for damages or other claims arising out of or in connection with the work, operation, or activities of the contractor hereunder, the contractor agrees to pay to City any and all costs and expenses incurred by City in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the Contractor under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damage as aforesaid. 10. NON-DISCRIMINATION: No discrimination shall be made in the employment of persons upon public works because of the race, color, or religion of such persons, and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Division 2, Part 7, Chapter 1 of the Labor Code in accordance with the provisions of Section 1735 of said Code. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the Contractor for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with Contractor's Proposal dated June 281994, in the total amount of $ 37,400. 0 0 12. ATTORNEY'S FEES: In the event that any action or proceeding is brought by either party to enforce any term or provision of this Agreement, the prevailing party shall recover its reasonable attorney's fees and costs incurred with respect thereto. IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed with all the formalities required by law on the respective dates set forth opposite their signatures. State of California Contractor's License No. S 6616N was f GoaST r4eiweof . NC• UNE 3a � Iqq� Date BY: Title APPROVED AS TO FORM CITY OF IAMOND BAR, CALIFORNIA -z BY: City Attorney Mayor Fin Date Contractor's Business Phone Emergency Phone at which Contractor can be reached at any time 1 LJ y CITY OF DIAMOND BAR AGENDA REPORT AGENDA N0. TO: Terrence L. Belanger, City Manager MEETING DATE: June 15, 1999 REPORT DATE: June 9, 1999 FROM: Bob Rose, Community Services Director TITLE: Extension of As -Needed Street Tree Planting Services SUMMARY: On November 18, 1997 the City Council awarded a contract to West Coast Arborists, Inc. for As -Needed Tree Planting Services. The first term of the contract was from November, 1997 through June 30, 1999. The contract allows the City Council to extend the contract on an annual basis if an extension is deemed to be in the best interest of the City. The contract also allows the City Council to determine the quantity of work to be performed by the contractor on an annual basis. Staff recommends that the extension for the 1999100 Fiscal Year be in the amount of $10,000. West Coast Arborists, Inc. has done an excellent job servicing the City's tree maintenance needs. West Coast Arborists, Inc. has agreed to forgo a Consumer Price Index (C.P.I.) increase for the 1999100 fiscal year contract. West Coast Arborists will work with City staff on a street tree replacement plan at no additional cost. This plan will be presented to the City Council during the new fiscal year. RECOMMENDED ACTION: It is recommended that the City Council approve the extension of the contract for City-wide street tree maintenance to West Coast Arborists, Inc., in the amount not to exceed $10,000 for the 1999100 fiscal year. LIST OF ATTACHMENTS: X Staff Report _ Resolution(s) _ Ordinance(s) X Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ Public Hearing Notification _ Bid Specifications (on file in City Clerk's office) X Other: Letter of Agreement 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? 2. Does the report require a majority vote? 3. Has environmental impact been assessed? 4. Has the report been reviewed by a Commission? What Commission? 5. Are other departments affected by the report? Report discussed with the following affected departments REVIEWED BY: r*�Ivu"_ Terrence L. Belanger 0 City Manager *James DeStefano Deputy City Manager X Yes _ No X Yes _ No _ Yes X No Yes X No _ Yes X No None DEPART HEAD: ob ose Community Services Director AGREEMENT The following agreement is made and entered into, in duplicate, as of the date executed by the Mayor and attested to by the City Clerk, by and between West Coast Arborists. Inc. hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY." WHEREAS, pursuant to Request For Proposals (R.F.P.), proposals were received, on the date specified in the R.F.P.; and WHEREAS, City did accept the proposal of CONTRACTOR West Coast Arborists Inc. and; WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the As -Needed Tree Planting Services 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 As - Needed Tree Planting Services in the City of Diamond Bar. The work to be performed in accordance with the R.F.P., dated October 28. 1997. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The R.F.P. is incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The R.F.P., CONTRACTOR'S Proposal dated October 27 1997, together with this written agreement and Exhibit "A", shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 1'1 • 910101k1l M -ell The CONTRACTOR agrees to complete assigned work within 10 work days from the date work is requested. Agreement and unit prices shall remain in force, unless terminated sooner, until June 30, 1999. Agreement may be extended per Section 14. City of Diamond Bar 1 As -Needed Tree Planting Services 4. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as proof that he has taken out full wcrkers' 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. City of Diamond Bar 2 As -Needed Tree Planting Services 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. c. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is admitted to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: "it is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in form satisfactory to the City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by 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 City of Diamond Bar 3 As -Needed Tree Planting Services deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. 5. PREVAILING WAGE Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The CONTRACTOR shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general pre- vailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. 6. APPRENTICESHIP EMPLOYMENT In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. The CONTRACTOR is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other CONTRACTOR'S on the public works site are making such contributions. The CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. 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 City of Diamond Bar 4 As -Needed Tree Planting Services by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub- CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees ("Idemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen or employees of the CONTRACTOR, of his subcontractor's or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. The CONTRACTOR will indemnify Indemnitees against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the CONTRACTOR, his agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City. In connection therewith: a. The CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The CONTRACTOR will promptly pay any judgment rendered against the CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with City of Diamond Bar 5 As -Needed Tree Planting Services 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 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the CONTRACTOR for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with CONTRACTOR'S Proposal dated _ October 27. 1997 not to exceed Twenty -Thousand dollars ($20.000) per fiscal year. 12. ATTORNEY'S FEES: In the event that any action or proceeding is brought by either party to enforce any tens of provision of the this agreement, the prevailing party shall recover its reasonable attorney's fees and costs incurred with City of Diamond Bar 6 As -Needed Tree Planting Services respect thereto. 13. TERMIN TI : 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. 14. EXTENSION PTI N: The City Council shall have the option to extend this Agreement up to five (5) additional one (1) year periods, subject to the same terms and conditions contained herein, by giving Contractor written notice of exercise of this option to renew at least thirty (30) days prior to the expiration of the initial term of this Agreement, or of any additional one (1) year extensions. In the event the City Council exercises its option to extend the term of this Agreement for one or more additional one year periods, the Contractor's unit prices shall be subject to adjustment at the commencement of the extended term and annually thereafter ("the adjustment date") as follows: Any increase in compensation will be negotiated between the City and the contractor, with the limits being no increase to a maximum of the cost of living. The increase, if any, will be calculated with reference to cost of living during the previous year. If the increase is approved by the City Council, the increase will be calculated by adding the Contractor's monthly compensation, the amount, if any, obtained by multiplying the contractor's compensation as of the adjustment date by the percentage by which the Conumer Price Index ("CPI") for the Los Angeles -Anaheim -Riverside metropollitan area for the month immediately preceding the Adjustment Date (the "Index Month") reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month. If the Index is discontinued, the Director's office shall, at its discretion, substitute for the Index such other similar index as it may deem appropriate. City of Diamond Bar 7 As -Needed Tree Planting Services 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. 366764 November 12, 1997 Date West Coast Arborists, Inc. 2200 E. Via Burton Street Anaheim, CA 92806 By: Vice President TITLE CITY OF DIAMOND BAR, CALIFORNIA 0--`17 y, Date MAYO ATTEST: By. Date CITY CLERK CONTRACTOR'S Business Phone (714) 991-1900 Emergency Phone at which CONTRACTOR can be reached at any time (800) 521-3714 A ED AS O ORM: Dae ITY A Y ORNEY City of Diamond Bar 8 As -Needed Tree Planting Services Exhibit "A" The following is incorporated into and made a part of the As -needed Tree Planting Services contract: 1. 90 day warranty is included in price of each tree. 2. Watering will be completed as needed by contractor during warranty period. 3. Master street tree planting plan shall be completed by contractor for major arterials at no charge. Master street tree planting plan for residential areas will be completed by contractor at no charge after planting area is scheduled by City. 4. Trees with 2" or less diameter trunk shall be removed for $20.00 each. 5. Root Barrier specification is revised as 12" deep plastic panel. A. Root barrier for 15 gallon tree shall be $25.00. B. Root barrier for 24" box tree shall be $50.00. C. Additional size root barrier shall be $7 per linear foot. City of Diamond Bar 9 As -Needed Treed Planting Services CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: June 15, 1999 REPORT DATE: June 10, 1999 FROM: Bob Rose, Community Services Director TITLE: Extension of City -Wide Landscape Maintenance Contract. SUMMARY: On June 16, 1998, the City Council awarded a contract to Accurate Landscape and Maintenance in the amount of $233,364 (plus a $50,000 contingency) for City Wide Landscape maintenance services, This contract is for the maintenance of the City Parks and Lighting and Landscape Maintenance Districts No. 38, No. 39, and No. 41. The contract allows the City Council to extend the contract on an annual basis if an extension is deemed to be in the best interest of the City. Under the terms of the contract, the contractor is entitled to a Consumer Price Index (C.P.I.) adjustment on the extension. As of April 30, 1999, the C.P.I. stood at 2.5%, revising the contract for fiscal year 1999/2000 from $233,364 to $239,198.16, an increase of $5,834.16. Also, staff is requesting that the contingency be increased from $50,000 to $65,000. The additional $15,000 will be used to plant flowers four times per year at the City's five entries. RECOMMENDED ACTION: It is recommended that the City Council approve the extension of the contract with Accurate Landscape & Maintenance for City-wide Landscape Maintenance Services for fiscal year 1999/2000, including the 2.5% C,P,I. increase, in the amount of $239,198.16. It is further reco Tended that the City Council authorize a contingency not to exceed $65,000 for additional necessary work during the fiscal year. LIST OF ATTACHMENTS: X Staff Report _ Resolution(s) _ Ordinance(s) X Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ Public Hearing Notification X Bid Specifications (on file in City Clerk's office) X Other: Letter of Agreement 1, Has the resolution, ordinance or agreement been reviewed by the City Attorney? X Yes —No 2. Does the report require a majority vote? X Yes _ No 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No What Commission? 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: None REVIEWED BY: DEPARTM HEAD: Terrence L. Belanger J es DeStefano se City Manager Deputy City Manager Community Services Director AGREEMENT The following agreement is made and entered into, in duplicate, as of the date executed by the Mayor and attested to by the City Clerk, by and between ACCURATE LANDSCAPE AND MAINTENANCE CORPORATION, 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 10414MMIll a KIM- 9 u •,••• •.. , WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the Citv-Wide Landscape Maintenance 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 City -Wide Landscape Maintenance. The work to be performed in accordance with the plans and specifications, dated May 5, 1998 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 lune 4. 1998 together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 3. TERMS OF CONTRACT The CONTRACTOR agrees to execute the contract within ten (10) calendar days from the date of notice of award of contract or upon notice by City after ten (10) days. 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 City of Diamond Bar City -Wide Landscape Maintenance thereof from any monies due or that may become due the CONTRACTOR under this agreement. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the CONTRACTOR or any sub -contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) 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. City of Diamond Bar 2 City -Wide Landscape Maintenance 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is admitted to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in form satisfactory to the City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c. (2) hereof to be listed as additional insured 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. City of Diamond Bar 3 City -Wide Landscape Maintenance 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles I and 2, the CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The CONTRACTOR shall forfeit, as penalty to City, not more than fifty dollars ($50.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under 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 CONTRACTORS on the public works site are making such contributions. The CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California or from the Division of Apprenticeship Standards and its branch offices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any sub -contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub- CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. City of Diamond Bar 4 City -Wide Landscape Maintenance 8.TRAVEL AND SURCicTF—NC 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• CONTRACT R'S I 1a ILITY• The City of Diamond Bar and its officers, agents and employees ("Indemnitees") 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 b an corporation Y Y person, firm, entity, 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 CONTRACTOR or Indemnities covering such cims,rendered dama eesapenaltst the 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 Indemnities harmless therefrom. C. In the event Indemnities 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 Indemnities and any all costs and expenses incurred by Indemnities 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 City of Diamond Bar 5 City -Wide Landscape Maintenance addition to any other rights or remedies which Indemnities 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 Indemnities. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnities, 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 Indemnities. 10. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735. 11. CONTRACT PRICE AN PAYMENT; City shall pay to the CONTRACTOR for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with CONTRACTOR'S Proposal dated lune 4, 1998 in the total amount of $233,364.00 The City Council shall have the option to extend this Agreement up to five (5) additional one (1) year periods, subject to the same terms and conditions contained herein, by giving the Contractor written notice of exercise of this option to renew at least thirty (30) days prior to the expiration of the initial term of this Agreement, or of any additional one (1) year extensions. In the event the City Council exercises its option to extend the term of this Agreement for one or more of the additional five (5) one year periods as provided for in paragraph PARKS SP9 17.012 & L L M D SP19 2-8.02 of specifications, the Contractor's monthly compensation shall be subject to adjustment at the commencement of the extended term and annually thereafter ("the adjustment date") as follows: Any increase in compensation will be negotiated between the City and the Contractor, with the limits being no increase to a maximum of the cost of living. The increase, if any, will be calculated with reference to cost of living during the previous year. If the increase is approved by the City Council, the increase will be calculated by adding to the Contractor's monthly compensation, the amount, if any, obtained by multiplying the contractor's compensation as of the adjustment date by the percentage by which the Consumer Price Index ("C.P.I.") for the Los Angeles - Anaheim -Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year City of Diamond Bar 6 City -Wide Landscape Maintenance prior to the Index Month. If the Index is discontinued, the Director's office shall, at its discretion, substitute for the Index such other similar index as it may deem appropriate. 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. 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. City of Diamond Bar 7 City -Wide Landscape Maintenance State of California "CONTRACTOR'S" License No�'-W- � -9sll By:������ Date ' TITLE Date `�U n C 2;0 1 `t r Date APPROVED AS TO FORM: Date CONTRACTOR'S Business Phone: CITY OF DIAMOND BAR, CALIFORNIA By: 5111v • •. ATTEST: By:�s X�� CITY CLERK Emergency Phone at which CONTRACTOR can be reached at any time: City of Diamond Bar 8 City -Wide Landscape Maintenance CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Honorable Mayor and Members of the City Council MEETING DATE: June 15, 1999 REPORT DATE: June 9, 1999 FROM: Terrence L. Belanger, City Manager TITLE: Award of Construction Contract for the Meadowglen Road Public Street Improvements Project. SUMMARY: On April 20, 1999, the City Council approved the plans and specifications for the Meadowglen Road Public Street Improvements Project. Council authorized and directed the City Clerk to advertise and receive bids. Notice to bidders was published on April 26, 1999. Four (4) bids were submitted and opened on May 25, 1999. The apparent low bidder is Gentry Brothers, Inc. RECOMMENDATION: That the City Council receive the bids and award the constsruction contract to Gentry Brothers, Inc. for the Meadowglen Road Public Street Improvements Project, in an amount not to exceed $241,760.00. Furthermore, it is recommended that the Council authorize a contingency amount of $25,000.00 for project change orders to be approved by the City Manager, for a total authorization amount of $266,760.00 LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification _ Resolution(s) _ Bid Specification: on file at City Clerk's _ Ordinances(s) office. x Agreement(s) _ Other: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed x Yes by the City Attorney? —No 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? N/A Yes No 4. Has the report been reviewed by a Commission? _ _ N/A Yes No Which Commission? _ _ 5. Are other departments affected by the report? N/A Yes No REVIEWED BY: Terrence L. Belange City Manager 7e - Joe DeStI&no Deputy City Manager 6a' . Liu Deputy Director of Public Works CITY COUNCIL REPORT AGENDA NO. MEETING DATE: June 15, 1999 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Award of Construction Contract for the Meadowglen Road Public Street Improvements Project. ISSUE STATEMENT To mitigate seepage problems along Meadowglen Road by construction drainage and street improvements. RECOMMENDATION That the City Council receive the bids and award the construction contract to Gentry Brothers, Inc. for the Meadowglen Road Public Street Improvements Project, in an amount not to exceed $241,760.00. Furthermore, it is recommended that the Council authorize a contingency amount of $25,000.00 for project change orders to be approved by the City Manager, for a total authorization amount of $266,760.00 FINANCIAL SUMMARY The total allocated project budget is $500,000.00 of Gas Tax Fund. The Engineer's Estimate for this project is $290,000.00. BACKGROUND/DISCUSSION Meadowglen Road, between Ironhorse Canyon Road and Silver Rain Drive, has been experiencing constant nuisance -water discharge running over sidewalks and driveways down the street gutters to the storm drain catch basins located near Silver Rain Drive, creating a similarly hazardous condition with growth of algae and scum. Converse Consultants conducted the geotechnical investigation that evaluated the existing underground infiltration and seepage conditions for the project area and recommended remediation measures to mitigate distress conditions. Recommendation was made for mitigation within Meadowlgen Road such as constructing a street underdrain system, which would relieve the hydrostatic pressure (water pressure) and control the high groundwater conditions and pavement repair. The street underdrain system would consist of a 4" subdrain pipe system along each curb on Meadowglen Road and to be bedded and buried in permeable drain rock material with a sloped blanket drain extended over the subgrade soils across the roadway. The street is highly distressed and the pavement will be reconstructed. On April 20, 1999, the City Council approved the plans and specifications for the Meadowglen Road Public Street Improvements Project. Council authorized and directed the City Clerk to advertise and receive bids. Notice to bidders was published on April 26, 1999. In response to the advertisement, a total of twelve (12) contractors obtained the plans and specifications for the project. Four (4) bids were submitted and opened on May 25, 1999. The apparent low bidder is Gentry Brothers. The bids received were as follows: COMPANY BID AMOUNT 1. Gentry Brothers, Inc. $241,760.00 2. Holland -Lowe Construction $260,066.00 3. E.G.N. Construction $286,093.40 4. All American Asphalt $344,460.00 Key aspects of requirements placed upon the contractor includes: ➢ Schedule to be submitted at least 10 calendar days before start of work; ➢ Traffic control plans; ➢ Proper means/equipment for the construction dewater activities; ➢ Notification to residents, utility owners and other public agencies; ➢ Completion of all work within 30 working days; and ➢ Liquidated damages of $500/day for non-performance. There has also been a public information meeting with residents to discuss the project's intricacies and to receive further residents' input. Another public information meeting will be scheduled after the City has awarded the construction contract. The bid of $241,760.00, submitted by Gentry Brothers, Inc., has been determined by staff to be the lowest responsible bid. Gentry Brothers' references have been contacted and staff has received favorable responses. Tentative schedule for the project is as follows: Bid Opening May 25, 1999 Award of Construction Contract June 15, 1999 Notice to Proceed June 28, 1999 End of Construction August 9, 1999 Prepared by: David G. Liu /Rose E. Manela 2 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 Gentry Brothers. Inc.. hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CTTY." 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 Gentry Brothers, Inc. and; WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for Meadowiden Road Public Street Improvements Project in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Meadow len Road Public Street Improvements Project in the City of Diamond Bar. The work to be performed in accordance with the plans and specifications, dated April 1999 (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 May 25. 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 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. TERMS OF CONTRACT Since this is a Federally assisted construction project, Davis -Bacon will be enforced. If Federal and State wage rates are applicable, the higher of the two will prevail. The Federal Labor Standards Provisions (Form HUD - 4010) and the Federal Wage Determination are attached and made part of this agreement, and compliance will be enforced. "This is a Section 3 contract and the prime contractor must address the Section 3 employment and contracting goals to be considered a Section 3 responsive bidder. The contract will be awarded to a Section 3 responsive bidder provided that the bid amount is reasonable. Any prime contractor or subcontractor working on a Federally assisted project must be eligible to participate. Any agreement resulting from this original agreement must contain the same Federal language." The CONTRACTOR agrees to complete the work within THIRTY (30) working days from the date of the notice to proceed. The CONTRACTOR agrees further to the assessment of liquidated damages in the amount of five hundred ($500.00) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the CONTRACTOR under this agreement. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the CONTRACTOR or any sub -contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) CONTRACTOR'S Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is admitted to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in form satisfactory to the City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by 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 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The CONTRACTOR shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing 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 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 defined in the applicable collective payments are 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 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-DISCRUvIINATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the CONTRACTOR for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with CONTRACTOR'S Proposal dated MAY 25,1999. 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. 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. GENTRY BROTHERS INC By: TITLE CITY OF DIAMOND BAR, CALIFORNIA By: Date ATTEST: By: Date CONTRACTOR'S Business Phone MAYOR CITY CLERK Emergency Phone at which CONTRACTOR can be reached at any time APPROVED AS TO FORM: CITY ATTORNEY Date uQZZQ ( O vQQa 0. O . D YQzW O W z=z J � a )♦ Wm�GcN v�cvc�s v 2 V 2 ` NI p W 610 Q' OQ 2 2 O•; w Nl D z lb \CSG o . . r 1 ONIydS �• �' Oma' •� ?.�• CIO1� 31n0 NOANbO .8c �' JQ �4. ��' EEQ `Z` •v . . SZ� �p ONOSONIM cnu.�3Hbls P v� z Np SHAL IN dos6p ���, �`Qv Q '�NbQ Y o O o 111H NWf11l) b v Q o NH GGg Nb HfjO dQ o 0 0 NIY1Nfi0W eQQ PP H� W Z W m b O .....� 10 310185. , { `" m eEAAS 1; "..� Z, £ N)N g Q cc � djn�BH 18 W 3 t ° JOS 001,$ �? /•h v s cc ob cc L9 O G0 c., cr PJ f ¢ J ) f `` a Jdr w Q KNOr� ac V Id �e �b CNI�j' hoh �yb �9 ONO / P ,� QO Ob a o �)iy �20�c' U do ¢ s Q .7" r AF b0 06 sy t o �.� ¢ QJ a a Ibb o\RONgP B Ni J A GROVE oEC P•N c 0,,� Le)LAJ cc J VIONI O s�2 �14, P W _ ASPES bo O bSS' Vim' a O a d oo cOx GLE"� QQ an J Arc Ln c n A A ,y�E�p fi`''b o: • '`% ,� mz 60 .ry,�� 42 HAW* `P�5 ~ �Q HAW * E�Fo- s Qdti3 � � r z O O N i Z LU "' Ah,;te: 0 6iJ a 6 C D `r0 Q �y orb t0 bo b� O b CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Honorable Mayor and Members of the City Council MEETING DATE: June 15, 1999 REPORT DATE: June 9, 1999 FROM: Terrence L. Belanger, City Manager TITLE: Award of Construction Contract for the Ambushers Street Drainage Improvements Project. SUMMARY: On May 4, 1999, the City Council approved the plans and specifications for the Ambushers Street Drainage Improvements Project. Council authorized and directed the City Clerk to advertise and receive bids. Notice to bidders was published on May 10, 1999. Five (5) bids were submitted and opened on June 1, 1999. The apparent low bidder is B.R. Day Construction, Inc. RECOMMENDATION: That the City Council receive the bids and award the construction contract to B.R. Day Construction, Inc. for the Ambushers Street Drainage Improvement Project, in an amount not to exceed $168,235.00. Furthermore, it is recommended that the Council authorize a contingency amount of $17,000.00 for project change orders to be approved by the City Manager, for a total authorization amount of $185,235.00. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification _ Resolution(s) _ Bid Specification: on file at City Clerk's _ Ordinances(s) office. X Agreement(s) _ Other: 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? N/A _ Yes _ No Report discussed with the following affected departments: REVIEWED BY: ql�L" Terrence L. Belane City Manager J"De�Stefano Deputy City Manager Z,; � I- �, 0 - �., a ' . 1117 Deputy Director of Public Works CITY COUNCIL REPORT AGENDA NO. _ MEETING DATE: June 15, 1999 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Award of Construction Contract for the Ambushers Street Drainage Improvements Project. ISSUE STATEMENT To mitigate seepage problems along Ambushers Street by constructing drainage improvements. RECOMMENDATION That the City Council receive the bids and award the construction contract to B.R. Day Construction, Inc. for the Ambushers Street Drainage Improvement Project, in an amount not to exceed $168,235.00. Furthermore, it is recommended that the Council authorize a contingency amount of $17,000.00 for project change orders to be approved by the City Manager, for a total authorization amount of $185,235.00. FINANCIAL SUMMARY The total allocated project budget is $200,000.00 of Gas Tax Fund. The Engineer's Estimate for this project is $185,000.00. BACKGROUND/DISCUSSION Ambushers Street, between Woodhill Circle and 20914 Ambushers Street, has been experiencing a constant flow of nuisance -water discharge running down the street gutters to the storm drain catch basins near the bottom of the street, accumulating and facilitating the growth of algae and scum. Converse Consultants conducted the geotechnical investigation that evaluated the existing underground infiltration and seepage conditions for the project areas and recommended remediation measures to mitigate distress conditions. The improvement design incorporates additional catch basins to be constructed uphill on Ambushers Street to intercept the nuisance water, extend the storm drain section. The design also includes areas that are highly distressed to be overlayed and remainder project areas to be slurry - sealed. This would relieve the homeowners along the lower sections of Ambushers Street. On May 4, 1999, the City Council approved the plans and specifications for the Ambushers Street Drainage Improvements Project. Council authorized and directed the City Clerk to advertise and receive bids. Notice to bidders was published on May 10, 1999. In response to the advertisements, a total of ten (10) contractors obtained the plans and specifications for the project. Five (5) bids were submitted and opened on June 1, 1999. The apparent low bidder is B.R. Day Construction, Inc. The bids received were as follows: COMPANY BID AMOUNT 1. B.R. Day Construction, Inc. $1687235.00 2. Pipeline Equipment Rental $172,549.50 3. 4 -Con Engineering, Inc. $177,425.00 4. David T. Wasden, Inc. $182,274.00 5. Gentry Brothers, Inc. $219,365.00 Key aspects of requirements placed upon the contractor includes: ➢ Schedule to be submitted at least 10 calendar days before start of work; ➢ Traffic control plans; ➢ Notification to residents, utility owners and other public agencies; ➢ Completion of all work within 30 calendar days; and ➢ Liquidated damages of $500/day for non-performance. The bid of $168,235.00, submitted by B.R. Day Construction, Inc., has been determined by staff to be the lowest responsible bid. B.R. Day Construction's references has been contacted and staff has received favorable responses. Tentative schedule for the project is as follows: Approval of Plans and Specifications May 4, 1999 Notice to Bidders May 10, 1999 Bid Opening June 1, 1999 Award of Construction Contract June 15, 1999 Notice to Proceed June 28, 1999 End of Construction July 28, 1999 Prepared by: David G. Liu /Rose E. Manela 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 B.R Day Construction. Inc - hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY." WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and declared on the date specified in the notice; and WHEREAS, City did accept the bid of CONTRACTOR B.R. Day Construction. Inc. and; WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for Ambushers Street Drainage Improvements Project in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORD: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the AmbusWrs Street Drainage Improvements Project in the City of Diamond Bar. The work to be performed in accordance with the plans and specifications, dated May 1999 (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 June 1. 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 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. TERMS OF CONTRACT Since this is a Federally assisted construction project, Davis -Bacon will be enforced. If Federal and State wage rates are applicable, the higher of the two will prevail. The Federal Labor Standards Provisions (Form HUD - 4010) and the Federal Wage Determination are attached and made part of this agreement, and compliance will be enforced. "This is a Section 3 contract and the prime contractor must address the Section 3 employment and contracting goals to be considered a Section 3 responsive bidder. The contract will be awarded to a Section 3 responsive bidder provided that the bid amount is reasonable. Any prime contractor or subcontractor working on a Federally assisted project must be eligible to participate. Any agreement resulting from this original agreement must contain the same Federal language." The CONTRACTOR agrees to complete the work within THIRTY (30) calendar days from the date of the notice to proceed. The CONTRACTOR agrees further to the assessment of liquidated damages in the amount of five hundred ($500.00) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the CONTRACTOR under this agreement. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the CONTRACTOR or any sub -contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) CONTRACTOR'S Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is admitted to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in form satisfactory to the City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by 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 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is Performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The CONTRACTOR shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing 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 Califomia 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 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 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. 4 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-DISCRRAINATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the CONTRACTOR for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with CONTRACTOR'S Proposal dated JUNE 1.1999. 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. 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. B.R. DAY CONSTRUCTION INC.. Date By: TITLE CITY OF DIAMOND BAR, CALIFORNIA By: Date MAYOR ATTEST: By: CITY CLERK Date CONTRACTOR'S Business Phone Emergency Phone at which CONTRACTOR can be reached at any time APPROVED AS TO FORM: CITY ATTORNEY Date p9 Nps ,,°�tid oJQ`'` ova CAMPFIRE 3 Q,�~P �e PASS �Q cc, 0 (q PtILA P.E. c76>b Q�Q� Z ��J� SQ F1NG 60�� Q h �� b0 byes �N�dds G� ds- 7Nb� � SQP POP GNE `I G P�, tibtio ` V388 0 60 CV av a 3 lad aJ yb0 bo Fla •�0 Q. CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. 0 TO: Honorable Mayor and Members of the City Council MEETING DATE: June 15, 1999 REPORT DATE: June 9, 1999 FROM: Terrence L. Belanger, City Manager TITLE: Award of Construction Administration/Inspection Services for the Ambushers Street Drainage Improvement Project and the Meadowglen Road Public Street Improvements Project. SUMMARY: On May 7, 1999, the Community and Development Services Department — Public Works Division solicited proposals for Construction Administration/Inspection services for the Ambushers Street Drainage Improvement Project and the Meadowglen Road Public Street Improvements Project. On May 21, 1999, one proposal (from Dewan, Lundin & Associates) was received and Charles Abbott Associates provided a written response that due to their current workload, they are unable to respond to our RFP. At this time the City proposes to award the construction administration/inspection services contract to Dewan, Lundin & Associates. RECOMMENDATION: That the City Council award the construction administration/inspection services contract to Dewan, Lundin & Associates for a.) the Ambushers Street Drainage Improvement Project, in an amount not -to -exceed $8,312.00 and provide a contingency amount of $3,000.00 for contract amendment(s) to be approved by the City Manager, for a total authorization amount of $11,312.00 and b.) the Meadowglen Road Public Street Improvements Project, in an amount not -to -exceed $10,720.00 and provide a contingency amount of $3,000.00 for contract amendment(s) to be approved by the City Manager, for a total authorization amount of $13,720.00 LIST OF ATTACHMENTS: X Staff Report _ Resolution(s) _ Ordinances(s) x Agreement(s) SUBMITTAL CHECKLIST: _ Public Hearing Notification _ Bid Specification (on file in City Clerk's Office) -N-Other: DL&A's scope of work 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? N/A _ Yes e No REVIEWED BY: qeTen"ceL. Bel r yManager r James DeStefano Deputy City Manager Da *Liu -l&/ Deputy Director of Public Works CITY COUNCIL REPORT MEETING DATE: June 15, 1999 AGENDA NO. — TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Award of Construction Administration/Inspection Services for the Ambushers Street Drainage Improvement Project and the Meadowglen Road Public Street Improvements Project. ISSUE STATEMENT The City desires to retain Dewan Lundin & Associates for the construction administration/inspection services for the Ambushers Street Drainage Improvement Project and the Meadowglen Road Public Street Improvements Project. RECOMMENDATION That the City Council award the construction administration/inspection services contract to Dewan, Lundin & Associates for a.) the Ambushers Street Drainage Improvement Project, in an amount not -to -exceed $8,312.00 and provide a contingency amount of $3,000.00 for contract amendment(s) to be approved by the City Manager, for a total authorization amount of $11,312.00 and b.) the Meadowglen Road Public Street Improvements Project, in an amount not -to -exceed $10,720.00 and provide a contingency amount of $3,000.00 for contract amendment(s) to be approved by the City Manager, for a total authorization amount of $13,720.00 FINANCIAL SUMMARY $500,000.00 of Gas Tax Fund is allocated for the Meadowglen Road Public Street Improvements Project for this FY 1998-1999. $200,000.00 of Gas Tax Fund is allocated for the Ambushers Street Drainage Improvement Project for this FKY 1998-1999. BACKGROUND/DISCUSSION On May 7, 1999, the Community and Development Services Department – Public Works Division solicited proposals for Construction Administration/Inspection services for the Ambushers Street Drainage Improvement Project and the Meadowglen Road Public Street Improvements Project, On May 21, 1999, one proposal (from Dewan, Lundin & Associates) was received and Charles Abbott Associates provided a written response that due to their current workload, they are unable to respond to our RFP. At this time the City proposes to award the construction administration/inspection services contract to Dewan, Lundin & Associates. The Dewan, Lundin & Associates proposal was reviewed and evaluated by staff based on demonstrated track record, adequate number of staff assigned to the job, experience of team members, ability to work with City staff, knowledge of local conditions, involvement with related projects, ability to keep on schedule, ability to stay within budget and demonstrated interest by the consultant. Dewan, Lundin & Associates is very familiar with both projects as they were also the projects designers. Dewan, Lundin & Associates proposed $8,312.00 for the construction administration and inspection services for Ambushers Street Drainage Improvement Project. Cost is based on work hours of 6 hours/day for approximately 23 working days (30 -calendar day contract). See Attachment "A". Staff recommends a contingency of $3,000.00 should the construction duration be extended and additional hours of inspection required. Dewan, Lundin & Associates proposed $10,720.00 for the construction administration and inspection services for the Meadowglen Road Public Street Improvement Project. Cost is based on work hours of 6 hours/day for approximately 30 working days (30 working day contract). See Attachment `B". Staff recommends a contingency of $3,000.00 should the construction duration be extended and additional hours of inspection required. Dewan, Lundin & Associates' hourly rate for inspections is $48.00. Prepared by: David G. Liu /Rose E. Manela 71 It 4 4 4 I I I SCOPE OF WORK The City of Diamond Bar has approved plans and specifications for construction of Ambushers Street Drainage Improvement Project between Woodhill Circle and 20914 Ambushers Street. Ambushers Street between Woodhill Circle and 20914 Ambushers Street is a 36 -foot wide (curb to curb) two lane residential street. Parking is permitted on both sides of the street. The project area consists of hillside lots and is graded into terraced building pads. The drainage system consists of terraced drains installed on the slopes and subdrains to collect subsurface groundwater. The groundwater discharge from these subdrains is directed towards the street gutters along Ambushers Street. In all there are four (4) terrace drain outlets on Ambushers Street. The improvement plans available at the City, indicate removal of portions of existing parkway drains, construction of curb inlet catch basins at the location of the outlets, construction of 18 - inch diameter RCP laterals which will tie into a proposed 24 -inch diameter reinforced concrete pipe to be built south of the street centerline in conjunction with this project. This proposed storm drain will tie into an existing 30 -inch diameter RCP (L.A.C.F.C.D. Facility No. PDT493, Line C). The tie into L.A C. F C D facility requires a permit from the County of Los Angeles. The City of Diamond Bar is presently in the process of obtaining such permit. The improvement plans indicate the followingrehabilitation tion for the street roadway: 1. From 20914 Ambushers Street to Pasado Drive cold mill existing pavement adjacent to curb and gutter and construct 2 -inch AC overlay. 2. From Pasado Drive to Woodhill Circle - construct Type II slurry. Ambushers Street Drainage Improvement Project Dewan, Lundin & Associates • Page 7 a Removal of parkway culverts and construction of catch basins at the locations of terrace drain outlets will require close coordination with the adjoining property owners. Construction documents allow the Contractor to complete the work within 30 calendar days. The Request for Proposal (RFP) indicates a tentative notice to proceed date of June 28, 1999 which allows a total of 23 working days excluding Saturdays, Sundays, and Holidays. The scope of work as set forth in the Request for Proposal, includes construction observation and administration in accordance with the plans and specifications, and as follows: ■ Coordinate and attendre-construction p ction meeting. 0 Coordinate with utility companies. ■ Provide construction inspection to ensure that the Contractor is in full compliance with the construction contract. ■ Provide plant inspection, if necessary. Plant certification does not require presence at the plant full time. Certification by the plant will be acceptable unless in the opinion of the observer additional inspection is required. . ■ Prepare daily inspection reports and progress photos with weekly summary reports. Submit to the City on a weekly basis. ■ Provide videography (visual documentation) of street condition before, during, and after the construction ■ Answer Contractor's questions regarding design issues and review/monitor Contractor's progress and schedule. • Evaluate progress payments and change order requests. ■ Conduct final job walk(s) and prepare a "punch list". • Recommend for final acceptance of project. • Maintain project construction records and prepare record drawings to be given to the City at the end of the project. Ambushers Street Drainage Improvement Project Dewan, Lundin &Associates Page 8 PR()_Xr•7' A >DDr5n w 0%& . Dewan, Lundin & Associates is extremely aware of the impact the project may have on the community. We will closely review the Contractor's proposed method of construction schedule, and traffic control plans to ensure that the impact to residents and commuters is minimized. We propose a strong community relations program be established consisting of letter notification to residences along the limits of the work, a meeting with residents prior to the start of work, and personal notification to each residence at the beginning of the project. ■ Pre -Construction Meeting DLA's Contract Administrator in consultation with the City staff and the Contractor will send out notifications to various agencies and utility companies to schedule the re- construction meeting. It will be the responsibility of our administrator to prepare minutes of the meeting. • Utility Coordination Throughout the duration of the contract, DLA's Inspector will coordinate as necessa With utility companies so as to ensure smooth completion of the project. rY • Construction Inspection DLA's Inspector will perform inspector/administrator's duties as set forth in the sco a of work for the project. Guidance for the manner in which those duties are carriedp best described in: out are a. Project Plans and Specifications b. Standard Specifications for Public Works Construction, 1997 Edition I C Public Works Inspectors Manual (Published by Building News Inc.) Traffic Control Plan: At the pre -construction meeting our staff will request the Contractor to provide a traffic control plan as indicated in the Technical Specifications. Project Specifications indicate Ambushers Street Drainage Improvement Project Dewan, Lundin & Associates . Page 9 ri itthat a traffic control plan must be submitted at least two (2) weeks prior to commencing work and approved prior to commencing work. ■ Plant Inspection, if Necessary DLA will provide, if required, a plant inspector to ensure that the asphalt material to be used conforms to project specifications. ■ Daily/Weekly Reports: Our Field Inspector will prepare daily reports addressing progress of the project, weather conditions, number of workers on site, subcontractors present on site, directions given to Contractor, and potential problems which may cause delay or extra work. Copies of daily reports will be presented to the City on a weekly basis and a project log containing all reports will be provided at completion of the project. The following information is a brief summary of the items contained in the weekly project report. Additional items may be included if requested by City. ❑ Responsible parties and phone numbers, City Project Manager Construction Manager Construction Inspector Work in progress Status of project Time schedule Submittals o Items of discussion and correction o Status of change orders 11 Status of project cost 11 Status of claim utility Company Representatives General Contractor Emergency Contact Request for information Request for clarification • Provide Videography Our staff will prepare VHS tapes to document phases of construction. This tape will be delivered to the City at the completion of the project. Photographs will also be taken during construction. City will be provided with weekly reports highlighting and Ambushers Street Drainage Improvement Project Dewan, Lundin & Associates • Page 10 1. summarizing the work performed during the week. ■ Monitor Contractor's Progress DLA's Inspector will answer Contractor's questions regarding design issues and review or monitor Contractor's progress and schedule. Impact to local residences will be minimized through careful coordination with the Contractor. Strict adherence to the approved schedule will be required of the Contractor. If necessary, the Contractor will be immediately notified when his progress falls behind schedule. DLA's Inspector, with concurrence of City staff will immediately resolve the design issues between the Contractor and designer in order to minimize any potential delays. ■ Evaluate Progress Payments Evaluate progress payments and change order requests. DLA's Inspector upon receipt of Contractor's progress payments will review them for accuracy. Any revisions resulting in change orders will be brought to the City's attention prior to authorization. ■ Conduct Final Job Walk and "Punch List" At the completion of the project, DLA's Field Inspector will prepare a "Punch List" identifying items to be addressed by the Contractor prior to final acceptance of the job. DLA's Inspector will ensure that items addressed in the "Punch List" are attended to by the Contractor. ■ Final Acceptance Recommend for final acceptance of project. Ambushers Street Drainage Improvement Project Dewan, Lundin & Associates • Page 11 in of 0 a R 0 DL&k Dewan, L indw & A,, civil sLAr„F.,,,, _ Pr:. FEE PROPOSAL Construction Administration/Inspection Services for Ambushers Street Drainage Improvement Project Between Woodhill Circle and 20914 Ambushers Street May 20, 1999 ITEM DESCRIPTION AMOUNT 1. It is estimated that our observer will spend on an average six (6) hours a day at the job site. Therefore assume: 6 (hours) x 23 (working days) x 48 (hourly rate) ............... . $6,624.00* 2. It is estimated that on an average one (1) hour a day will be spent on administration work. Therefore assume: 1 (hour) x 23 (working days) x 56 (hourly rate) ................. $1,288.00 3. Reimbursable expense allowance: film, film processing, photostats, etc............ ........... $400.00 .......................... TOTAL NOT TO EXCEED FEE: $8,312.00 NOTES: 1. in the event the duration of the contract was to exceed 30 calendar days as indicated in the construction documents, which allows a total of 23 working days excluding Saturdays, Sundays, and Holidays, additional services will be provided at $48.00 an hour. *2. The fee does not provide for plant inspection. If required, a plantInspectorwill be provided on an "as needed" basis at an hourly rate of $60.00 an hour. Ambushers Street Drainage Improvement Project Dewan, Lundin 8 Associates Page 13 CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of June 15. 1999 by and between the City of Diamond Bar, a municipal corporation ("City") and Dewan Lundin & Associates, ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City as set forth in Exhibit "A." B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "B." B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "B." 2. Term of Agreement. This Contract shall take effect June 15, 1999, and shall continue until the full and final completion of said project described in Exhibit "A" and Exhibit "B" to the satisfaction of the City, unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "B." 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses. City: City Manager City of Diamond Bar 21660 East Copley Drive Suite 100 Diamond Bar, California 91765-4177 Consultant: Dewan, Lundin & ASsociates 12377 Lewis Street, Suite 101 Garden Grove, CA 92840 6. Status as Independent Consultant. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Consultant shall perform all work to the highest professional standards and in a manner reasonably satisfactory to the City Manager or the City Manager's designee. 8. Indemnification. Consultant is skilled in the professional calling necessary to perform the services and duties agreed to be performed under this Agreement, and City is relying upon the skill and knowledge of Consultant to perform those services and duties. To the fullest extent permitted by law, Consultant hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Diamond Bar and its elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Consultant or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to this Agreement or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Consultant shall pay Indemnitees for any attorneys fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a) or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). Page 2 This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Consultant, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Consultant regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. hi the event there is more than one person or entity named in the Agreement as a Consultant, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence; and (5) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy (ies) as to comprehensive general liability, property damage, automobile liability, and professional liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non - renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. Consultant agrees that if it does not keep the insurance in full force and effect, and such insurance is available at a reasonable cost, City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Consultant and the cost of such insurance may be deducted, at the option of City, from payments due Consultant. C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement". 10. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the Page 3 termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 13. Termination. City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 15. Financial Condition. Prior to entering into this Agreement, Consultant has submitted documentation acceptable to the City Manager, establishing that it is financially solvent, such that it can reasonably be expected to perform the services required by this Agreement. Within thirty (30) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement, Consultant shall submit such financial information as may be appropriate to establish to the satisfaction of the City Manager that Consultant is in at least as sound a financial position as was the case prior to entering into this Agreement. Financial information submitted to the City Manager shall be returned to Consultant after review and shall not be retained by City. 16. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, Page 4 upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 17. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 18. Performance Evaluation. For any contract in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 19. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 20. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 21. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 22. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 23. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. Page 5 24. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 25. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 26. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "City" ATTEST: CITY OF DIAMOND BAR By: By: City Clerk City Manager Approved as to form: "CONSULTANT" City Attorney By: Its: Page 6 /yG`/J�o!✓�Gcsv� SCOPE OF WORK The City of Diamond Bar has approved plans and specifications for construction of Meadowglen Road Public Street Improvement Project between lronhorse Canyon Road and Silver Rain Drive. Meadowglen Road between lronhorse Canyon Road and Silver Rain Drive is a 40 -foot wide (curb to curb) residential street. Parking is permitted on both sides of the street. The groundwater seepage investigation study conducted by Converse Consultants in June of 1996, indicates and field visits verify, the presence of groundwater seepage and ponding along the street and in front yard areas. This groundwater drains along the easterly and westerly gutter to catch basins located at the intersection with Silver Rain Drive. These catch basins tie into an existing 60 -inch diameter RCP located on Silver Rain Drive. The approved improvement plans available at the City, indicate the following improvements to this section of the roadway: 1 To relieve hydrostatic pressure and control high groundwater conditions, the plans indicate construction of slotted PVC pipe in subdrain trenches, located along both the easterly and westerly curb. These slotted pipes are to be bedded in Class 2ermeable s material. The pipes tie into existing catch basins located at Meadow len Road's intersection with Silver Rain Drive. The tie into the existing catch basins requires a permit form the County of Los Angeles. The City of Diamond Bar isresent) process of obtaining such permit. p Yin the The subdrain trenches and the remainder of the street subgrade system is then to be overlaid with 12 -inches of Class 2 permeable material. 2. The entire section, of the roadway to be reconstructed with 10 -inch crushed base, 4 -inch AC base course and 2 -inch AC overlay. aggregate Meadowglen Road Public Street Improvement Project Dewan, Lundin 8 Associates Page 7 Dewatering to facilitate the proposed construction, protection of existing utilities in the project area, and possible settlements of the roadway and adjoining properties will be of major concern during construction. To ensure proper monitoring of the underdrain system installation, the City of Diamond Bar has retained the services of Converse Consultants. Converse Consultants will also be responsible for all necessary material testing and certifications. Construction documents allow the Contractor to complete the work within 30 working days. The Request for Proposal (RFP) indicates a tentative notice to proceed date of June 28, 1999. The scope of work as set forth in the Request for Proposal, includes construction observation and administration in accordance with the plans and specifications, and as follows: '0 Coordinate and attend pre -construction meeting. ■ Coordinate with utility companies. ■ Provide construction inspection to ensure that the Contractor is in full compliance with the construction contract. ■ Provide plant inspection, if necessary. Plant certification does not require presence at the plant full time. Certification by the plant will be acceptable unless in the opinion of the Observer additional inspection is required. ■ Prepare daily inspection reports and progress photos with weekly summary reports. Submit to the City on a weekly basis. ■ Provide videography (visual documentation) of street condition before, during, and after the construction. ■ Answer Contractor's questions regarding design issues and review/monitor Contractor's progress and schedule. ■ Evaluate progress payments and change order requests. ■ Conduct final job walk(s) and prepare a "punch list". ■ Recommend for final acceptance of project. ■ Maintain project construction records and prepare record drawings to be given to the City at the end of the project. Meadowglen Road Public Street Improvement Project Dewan, Lundin 8 Associates Page 8 t PROJECT APPROACH Dewan, Lundin & Associates is extremely aware of the impact the project may have on the community. We will closely review the Contractor's proposed method of construction, schedule, and traffic control plans to ensure that the impact to residents and commuters is Iminimized. i We propose a strong community relations program be established consisting of letter notification to residences along the limits of the work, a meeting with residents prior to the start of work, and personal notification to each residence at the beginning of the project. ■ Pre -Construction Meeting DLA's Contract Administrator in consultation with the City staff and the Contractor will send out notifications to various agencies and utility companies to schedule the pre - construction meeting. It will be the responsibility of our Administrator to prepare minutes of the meeting. ■ Utility Coordination Throughout the duration of the contract, DLA's Inspector will coordinate as necessary with utility companies so as to ensure smooth completion of the project. ■ Construction Inspection DLA's Inspector will perform inspector/administrator's duties as set forth in the scope of work for the project. Guidance for the manner in which those duties are carried out are best described in: a. Project Plans and Specifications b. Standard Specifications for Public Works Construction, 1997 Edition C. Public Works Inspectors Manual (Published by Building News Inc.) Traffic Control Plan: At the pre -construction meeting our staff will request the Contractor to provide a traffic control plan as indicated in the Technical Specifications. Project Specifications indicate Meadowglen Road Public Street Improvement Project Dewan, Lundin & Associates • Page 9 1 0 that a traffic control plan must be submitted at least two (2) weeks prior to commencing work and approved prior to commencing work. ■ Plant Inspection, if Necessary DLA will provide, if required, a plant inspector to ensure that the asphalt material to be used conforms to project specifications. ■ Daily/Weekly Reports: Our Field Inspector will prepare daily reports addressing progress of the project, weather conditions, number of workers on site, subcontractors present on site, directions given to Contractor, and potential problems which may cause delay or extra work. Copies of daily reports will be presented to the City on a weekly basis and a project log containing all reports will be provided at completion of the project. The following information is a brief summary of the items contained in the weekly project report. Additional items may be included if requested by City. 13 Responsible parties and phone numbers: City Project Manager Utility Company Representatives Construction Manager General Contractor Construction Inspector Emergency Contact U Work in progress 13 Status of project: Time schedule Request for information Submittals Request for clarification Items of discussion and correction 0 Status of change orders 11 Status of project cost 0 Status of claim ■ Provide Videography Our staff will prepare VHS tapes to document phases of construction. This tape will be delivered to the City at the completion of the project. Photographs will also be taken during construction. City will be provided with weekly reports highlighting and Meadowgfen Road Public Street Improvement Project Dewan, Lundin & Associates • Page 10 Li summarizing the work performed during the week. ■ Monitor Contractors Progress DLA's Inspector will answer Contractor's questions regarding design issues and review or monitor Contractor's progress and schedule. Impact to local residences will be minimized through careful coordination with the Contractor. Strict adherence to the approved schedule will be required of the Contractor. If necessary, the Contractor will be immediately notified when his progress falls behind schedule. DLA's Inspector, with concurrence of City staff will immediately resolve the design issues between the Contractor and designer in order to minimize any potential delays. ■ Evaluate Progress Payments Evaluate progress payments and change order requests. DLA's Inspector upon receipt of Contractor's progress payments will review them for accuracy. Any revisions resulting in change orders will be brought to the City's attention prior to authorization. ■ Conduct Final Job Walk and "Punch List" At the completion of the project, DLA's Field Inspector will prepare a "Punch List" identifying items to be addressed by the Contractor prior to final acceptance of the job. DLA's Inspector will ensure that items addressed in the "Punch List" are attended to by the Contractor. Final Acceptance Recommend for final acceptance of project. Meadowglen Road Public Street Improvement Project Dewan, Lundin & Associates • Page 11 G' 9 FEE PROPOSAL Construction Administration/Inspection Services for Meadowglen Road Public Street Improvement Project Between Ironhorse Canyon Road and Silver Rain Drive May 20, 1999 ITEM DESCRIPTION AMOUNT 1. It is estimated that our observer will spend on an average six (6) hours a day at the job site. Therefore assume: 6 (hours) x 30 (working days) x 48 (hourly rate) ............... $8,640.00* 2. It is estimated that on an average one (1) hour a day will be spent on administration work. Therefore assume: 1 (hour) x 30 (working days) x 56 (hourly rate) ................. $1,680.00 3. Reimbursable expense allowance: film, film processing, photostats, etc.. .............................................. $400.00 TOTAL NOT -TO -EXCEED FEE: $10,720.00 NOTES: 1. In the event the duration of the contract was to exceed 30 working days, additional services will be provided at $48.00 an hour. `2. The fee does not provide for plant inspection. If required, a plant Inspectorwill be provided on an "as needed" basis at an hourly rate of $60.00 an hour. Meadowglen Road Public Street Improvement Project Dewan, Lundin & Associates - Page 13 CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of June 15, 1999 by and between the City of Diamond Bar, a municipal corporation ("City") and Dewan, Lundin & Associates , ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City as set forth in Exhibit "A." B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "B." B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "B." 2. Term of Agreement. This Contract shall take effect June 15, 1999, and shall continue until the full and final completion of said project described in Exhibit "A" and Exhibit "B" to the satisfaction of the City, unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "B." 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses. City: City Manager City of Diamond Bar 21660 East Copley Drive Suite 100 Diamond Bar, California 91765-4177 Consultant: Dewan, Lundin & ASsociates 12377 Lewis Street, Suite 101 Garden Grove, CA 92840 6. Status as Independent Consultant. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Consultant shall perform all work to the highest professional standards and in a manner reasonably satisfactory to the City Manager or the City Manager's designee. 8. Indemnification. Consultant is skilled in the professional calling necessary to perform the services and duties agreed to be performed under this Agreement, and City is relying upon the skill and knowledge of Consultant to perform those services and duties. To the fullest extent permitted by law, Consultant hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Diamond Bar and its elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Consultant or any of its officers, agents, servants, employees, subcontractors, materiahnen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to this Agreement or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Consultant shall pay Indemnitees for any attorneys fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a) or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). Page 2 This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to hidemnitees. Consultant, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Consultant regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. In the event there is more than one person or entity named in the Agreement as a Consultant, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence; and (5) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy (ies) as to comprehensive general liability, property damage, automobile liability, and professional liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non - renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. Consultant agrees that if it does not keep the insurance in full force and effect, and such insurance is available at a reasonable cost, City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Consultant and the cost of such insurance may be deducted, at the option of City, from payments due Consultant. C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement". 10. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the Page 3 termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 13. Termination. City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 15. Financial Condition. Prior to entering into this Agreement, Consultant has submitted documentation acceptable to the City Manager, establishing that it is financially solvent, such that it can reasonably be expected to .perform the services required by this Agreement. Within thirty (30) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement, Consultant shall submit such financial information as may be appropriate to establish to the satisfaction of the City Manager that Consultant is in at least as sound a financial position as was the case prior to entering into this Agreement. Financial information submitted to the City Manager shall be returned to Consultant after review and shall not be retained by City. 16. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, Page 4 upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 17. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 18. Performance Evaluation. For any contract in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 19. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 20. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 21. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 22. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 23. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. Page 5 24. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the some instrument. 25. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 26. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "City" ATTEST: CITY OF DIAMOND BAR By: By: City Clerk City Manager Approved as to form: "CONSULTANT" By: City Attorney By: Its: Page 6 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO.: TO: Honorable Mayor and Members of the City Council MEETING DATE: June 15, 1999 REPORT DATE: June 9, 1999 FROM: Terrence L Belanger Ci y Manager TITLE: Area 1 Slurry Seal SUMMARY: On May 4, 1999, the City Council approved the specifications and authorized the City Clerk to advertise to receive bids for the Area 1 Slurry Seal Project. Notice to bidders was advertised on May 10, 1999. In response to the advertisements, a total of eight (8) contractors obtained the project specifications. On June 1, 1999, two (2) bids were received from Manhole Adjusting, Inc. and California Pavement Maintenance. To allow and encourage more competitive bids, staff recommends that the Asphalt Rubber and Aggregate Membrane (ARAM) application be separated into a separate project. A potential cost savings in the range of $39,000 to $55,000 may be realized. RECOMMENDATION: That the City Council a.) reject all bids, b.) adopt Resolution No. 99 -XX approving the Specifications for the Area 1 Slurry Seal Project in Said City and Authorizing and Directing the City Clerk to Advertise to Receive Bids, and c.) adopt Resolution No. 99-xx approving the Specifications for the Area 1 ARAM Overlay Project in Said City and Authorizing and Directing the City Clerk to Advertise to Receive Bids. LIST OF ATTACHMENTS: X Staff Report __ Public Hearing Notification X Resolution(s) x Other: Specifications on file at the —Agreement(s) City Clerk's office. 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: Terrence L. Bel r City Manager 7� James DeStefa Deputy City M ager oLiu Deputy Director of Public Works CITY COUNCIL REPORT AGENDA NO. MEETING DATE: June 15, 1999 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Area I Slurry Seal ISSUE STATEMENT To reject bids, separate slurry seal work from Asphalt Rubber and Aggregate Membrane (ARAM) application and approve the specifications for the two separate projects and advertise to receive bids. RECOMMENDATION That the City Council a.) reject all bids, b.) adopt Resolution No. 99 -XX approving the Specifications for the Area 1 Slurry Seal Project in Said City and Authorizing and Directing the City Clerk to Advertise to Receive Bids, and c.) adopt Resolution No. 99-xx approving the Specifications for the Area 1 ARAM Overlay Project in Said City and Authorizing and Directing the City Clerk to Advertise to Receive Bids. FINANCIAL SUMMARY For FY 98-99: • $340,000.00 Gas Tax Fund has been allocated for Area 1 Slurry Seal; • $50,000.00 Gas Tax Fund has been allocated for sidewalk improvements in Area 1; and • $310,000.00 Gas Tax Fund has been allocated for certain residential streets as identified in the City's 5 -year Pavement Management Program, in Area 1. For a total of $700,000.00 allocated budget for Area 1. The updated Engineer's estimates are as follows: • Slurry Seal - $535,000.00 (original estimate - $574,000.00) • ARAM - $105,000.00 (original estimate - $121,000.00) For a total of: $640,000.00 without any contingencies BACKGROUND/DISCUSSION Previously, the City was divided into seven areas and this project will begin the second cycle of street maintenance/slurry activities on a citywide basis including emphasis on addressing the rehabilitation needs in residential areas. With the approval of the 5-year Pavement Management Program, the City has since been redivided into 5 areas (from the original 7 areas) in order to have a better maintained system and much less deterioration over time. This redivision of the City has enlarged the limits of Area 1. Slurry Seal Area 1 originally consisted of 2,418,000 square feet of pavement. An additional 1,392,000 square feet of pavement are (+58%) was added, for a new total pavement area of 3,810,000 square feet. With an emphasis on addressing the rehabilitation needs in residential areas, 4 additional residential streets in the newly created Area 1 have been identified for pavement rehabilitation. These streets are; Diamond Bar Boulevard frontage road between Goldrush Drive and Kidd Drive, Cleghorn Drive between Grand Avenue and Clear Creek Drive, Golden Prados Drive between Golden Springs Drive and Bridle Drive, and Great Bend Drive between Tin Drive and Stirrup Drive. To maximize the City's resources and to extend the service life of the streets, the consultant and staff are recommending Cape Seal approach to rehabilitate some of the distressed streets. The Cape Seal approach involves an initial ARAM (Asphalt Rubber & Aggregate Membrane) overlay, followed by the slurry seal. Additionally, certain areas where the curb and gutters, sidewalks and drive approaches have displayed severe cracks/settlement will be reconstructed. The entire project has originally been incorporated within one set of project drawings, specifications and bid document package, which has been prepared by GFB-Friedrich & Associates. On May 4, 1999, the City Council approved the specifications and authorized the City Clerk to advertise to accept bids for the Area 1 Slurry Seal Project. Notice to bidders was advertised on May 10, 1999. In response to the advertisements, a total of eight (8) contractors obtained the specifications for the project. On June 1, 1999, two (2) bids were received from Manhole Adjusting, Inc. (MA) and California Pavement Maintenance (CPM). Both bids exceeded our current budget of $700,000. Submitting a bid as a prime contractor, MA was not interested in providing bids to local slurry seal contractors as a subcontractor. However, MA was listed as a subcontractor of CPM to provide the ARAM application. To encourage more competitive bids, staffs recommendation is to reject all bids and to separate the slurry seal portion of the project (including the curb and gutters and sidewalks) from the ARAM application to have two separate projects to bid. Specifications can be prepared for each project at no additional cost. In doing so, it allows more slurry seal contractors to bid on the project, providing a potential savings between $39,000.00 and $55,000.00 for the two projects. The ARAM application may still have limited bidders due to the fact that Manhole Adjusting is the only local ARAM contractor for Southern California. When the project was designed and originally combined, there was another ARAM contractor based in Arizona that bids for construction in Southern California. However, staff was informed recently, the Arizona company was taken over by a Sacramento company. Key aspects of requirements to be placed upon the contractor for both projects includes: ➢ Schedule to be submitted at least 10 calendar days before start of work; ➢ Traffic control plans; ➢ Notifications to residents, utility owners and other public agencies; ➢ Completion of all work within 50 working days; and ➢ Liquidated damages of $500/day for non-performance. Both projects will be advertised, bid and constructed at the same time and both contractors will be required to coordinate with one another for completion. Anticipated timeline for the project milestones is as follows: Approval of Plans and Specifications June 15, 1999 Notice to Bidders June 28, 1999 Bid Opening July 13, 1999 Award of Construction Contract August 3, 1999 Notice to Proceed/Start of Construction August 16, 1999 End of Construction October 8, 1999 Prepared By: David Liu/Rose Manela RESOLUTION NO. 99 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING SPECIFICATIONS FOR THE AREA 1 SLURRY SEAL PROJECT IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. WHEREAS, it is the intention of the City of Diamond Bar to construct certain improvements in the City of Diamond Bar. WHEREAS, the City of Diamond Bar has prepared specifications for the Area 1 Slurry Seal Project. NOW, THEREFORE, BE IT RESOLVED that the specifications presented to the City of Diamond Bar be and are hereby approved as the specifications for the Area 1 Slurry Seal Project. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing the work specified in the aforesaid specifications, which said advertisement shall be in the form and content as approved by the City Attorney and a copy of this Resolution shall be contained in each specification package for the work: "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the City Council of the City of Diamond Bar, Los Angeles County, California, directing this notice, NOTICE IS HEREBY GIVEN that the said City of Diamond Bar will receive at the office of the City Clerk in the City Hall of Diamond Bar, on or before the hour of 10:00 o'clock a.m, on the 13"h day of July, 1999, sealed bids or proposals for the Area 1 Slurry Seal Project. Bids will be opened and publicly read immediately in the office of the City Clerk, Suite 100, 21660 E. Copley Drive, Diamond Bar, California 91765-4177. Bids must be made on a form provided for the purpose, addressed to the City of Diamond Bar, California, marked, "Area 1 Slurry Seal Project." PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rate of per diem wages are on file in the office of the City Clerk of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. The Contractor shall forfeit, as penalty to the City of Diamond Bar, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion, thereof, if such laborer, workman, or mechanic is paid less than the general prevailing rate of wages herein before stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statutes of 1939, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate; or B. When the number of apprentices in training in the area exceeds a ratio of one to five; or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally; or D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Diamond Bar, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work herein before mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this Contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. The bidder must submit with his proposal cash, cashier's check, certified check, or bidder's bond, payable to the City of Diamond Bar for an amount equal to at least 10 percent (10%) of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashier's check, or certified check, or bond shall become the property of the City of Diamond Bar. If the City of Diamond Bar awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Diamond Bar to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be one hundred percent (100%) of the contract price thereof, and a labor and material bond in an amount equal to one hundred (100%) of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Diamond Bar for the construction of said work. No proposal will be considered from a Contractor who is not licensed as a (Class A) contractor at time of award in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et seq.) and rules and regulations adopted pursuant thereto or to whom a proposal form has not been issued by the City of Diamond Bar. The work is to be done in accordance with the specifications of the City of Diamond Bar on file in the office of the City Clerk at the City Hall, Diamond Bar, California. Copies of the specifications will be furnished upon application to the City of Diamond and a non -reimbursable payment of $20.00. Upon written request by the bidder, copies of the specifications will be mailed when said request is accompanied by a non -reimbursable payment of $30.00 to cover the cost of mailing charges and overheads. The successful bidder will be required to enter into a contract satisfactory to the City of Diamond Bar. In accordance with the requirements of Section 903 of the General Provisions, as set forth in the Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Diamond Bar, California reserves the right to reject any and all bids. By order of the City Council of the City of Diamond Bar, California. Dated this 15th day of June 1999. PASSED, APPROVED AND ADOPTED by the City Council of the City this 15'' day of June 1999. MAYOR ATTEST: CITY CLERK I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, California do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the City Council of the City of Diamond Bar, California, at its regular meeting held on the 151' day of June, 1999, by the following vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: City Clerk, City of Diamond Bar California RESOLUTION NO. 99 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING SPECIFICATIONS FOR THE AREA 1 ASPHALT RUBBER AGGREGATE MEMBRANE (ARAM) OVERLAY PROJECT IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. WHEREAS, it is the intention of the City of Diamond Bar to construct certain improvements in the City of Diamond Bar. WHEREAS, the City of Diamond Bar has prepared specifications for the Area I Asphalt Rubber Aggregate Membrane (ARAM) Overlay Project. NOW, THEREFORE, BE IT RESOLVED that the specifications presented to the City of Diamond Bar be and are hereby approved as the specifications for the Area I Asphalt Rubber Aggregate Membrane (ARAM) Overlay Project. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing the work specified in the aforesaid specifications, which said advertisement shall be in the form and content as approved by the City Attorney and a copy of this Resolution shall be contained in each specification package for the work: "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the City Council of the City of Diamond Bar, Los Angeles County, California, directing this notice, NOTICE IS HEREBY GIVEN that the said City of Diamond Bar will receive at the office of the City Clerk in the City Hall of Diamond Bar, on or before the hour of 11:00 o'clock a.m. on the 13`h day of July, 1999, sealed bids or proposals for the Area 1 Asphalt Rubber Aggregate Membrane (ARAM) Overlay Project. Bids will be opened and publicly read immediately in the office of the City Clerk, Suite 100, 21660 E. Copley Drive, Diamond Bar, California 91765-4177. Bids must be made on a form provided for the purpose, addressed to the City of Diamond Bar, California, marked, " the Area 1 Asphalt Rubber Aggregate Membrane (ARAM) Overlay Project." PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rate of per diem wages are on file in the office of the City Clerk of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. The Contractor shall forfeit, as penalty to the City of Diamond Bar, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion, thereof, if such laborer, workman, or mechanic is paid less than the general prevailing rate of wages herein before stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. In accordance with the provisions of Section 1777.5 .of the Labor Code as amended by Chapter 971, Statutes of 1939, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate; or B. When the number of apprentices in training in the area exceeds a ratio of one to five; or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally; or D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Diamond Bar, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work herein before mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this Contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. The bidder must submit with his proposal cash, cashier's check, certified check, or bidder's bond, payable to the City of Diamond Bar for an amount equal to at least 10 percent (10%) of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashier's check, or certified check, or bond shall become the property of the City of Diamond Bar. If the City of Diamond Bar awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Diamond Bar to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be one hundred percent (100%) of the contract price thereof, and a labor and material bond in an amount equal to one hundred (100%) of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Diamond Bar for the construction of said work. No proposal will be considered from a Contractor who is not licensed as a (Class A) contractor at time of award in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et seq.) and rules and regulations adopted pursuant thereto or to whom a proposal form has not been issued by the City of Diamond Bar. The work is to be done in accordance with the specifications of the City of Diamond Bar on file in the office of the City Clerk at the City Hall, Diamond Bar, California. Copies of the specifications will be furnished upon application to the City of Diamond and a non -reimbursable payment of $20.00. Upon written request by the bidder, copies of the specifications will be mailed when said request is accompanied by a non -reimbursable payment of $30.00 to cover the cost of mailing charges and overheads. The successful bidder will be required to enter into a contract satisfactory to the City of Diamond Bar. In accordance with the requirements of Section 903 of the General Provisions, as set forth in the Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Diamond Bar, California reserves the right to reject any and all bids. By order of the City Council of the City of Diamond Bar, California. Dated this 15th day of June 1999. PASSED, APPROVED AND ADOPTED by the City Council of the City this 15`h day of June 1999. MAYOR ATTEST: CITY CLERK I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, California do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the City Council of the City of Diamond Bar, California, at its regular meeting held on the 15th day of June, 1999, by the following vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: s City Clerk, City of Diamond Bar California CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. L -L TO: Honorable Mayor and Members of the City Council MEETING DATE: June 15,1999 REPORT DATE: June 10, 1999 FROM: Terrence L. Belanger, City Manager TITLE: Contract Amendment with Kleinfelder Inc. for Geotechnical Investigation/Engineering Services for the Minnequa Landslide; Appointment of a Minnequa Landslide Council Sub - Committee SUMMARY: On November 3, 1998 the City entered into an agreement with Kleinfelder, Inc. for a geotechnical investigation and engineering services for the Minnequa Landslide. The City Council approved and authorized the allocation of CDBG funds for the investigation and remediation of the Landslide. Kleinfelder provided two reports, a geotechnical investigation of the slope failure common to Lots 51, 52, 77 and 79 adjacent to Minnequa Drive and Sunset Crossing Road and a limited geological reconnaissance and evaluation of common slope failures adjacent to 23837 Minnequa/Sunset Crossing Road. The City Council conducted a study session regarding the reports on March 2, 1999 and requested supplemental comments regarding project alternatives and preliminary cost estimates. Due to the additional information requested, the scope of Kleinfelder's contract was expanded. Kleinfelder requests' a budget increase due to additional drilling cost, additional consultation meetings, and preliminary cost analyses of optional repair plans. RECOMMENDATION: That the City Council: 1) Approve a contract amendment with Kleinfelder, Inc. for the additional geotechnical investigation/ engineering services in an amount not to exceed $6,620; and 2) Appoint a Council Sub -Committee to review alternatives and to make recommendations to the City Council. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification _ Resolution(s) Bid Specification Ordinance(s) X Other: Kleinfelder's Proposal X Agreement(s) dated 3/23/99 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? N/A Yes _ No 4. Has the report been reviewed by a Commission? N/A _ _ Yes _ No Which Commission? _ 5. Are other departments affected by the report? _ Yes X No Report discimed with the following affected departments: REVIEWED BY: N 4 Terrence L. Bel r J es DeStefan d G. iu City Manager Deputy City Manager Deputy Director of Public Works GITT WUPIGIL nCrUnT AGENDA NO. MEETING DATE: June 15,1999 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Contract Amendment with Kleinfelder Inc. for Geotechnical Investigation/ Engineering Services for the Minnequa Landslide; Appointment of a Minnequa Landslide Council Sub -Committee ISSUE STATEMENT: Should the City Council approve a contract amendment with Kleinfelder, Inc for additional services? RECOMMENDATION: That the City Council: 1) Approve a contract amendment with Kleinfelder, Inc. for the additional geotechnical investigation/engineering services in an amount not to exceed $6,620; and 2) Appoint a Council Sub -Committee to review alternatives and to make recommendations to the City Council. FINANCIAL SUMMARY: The City Council allocated $110,000 of CDBG funds for the investigation/remidation of the Minnequa Landslide. With the amendment of $6,620 there would be a total contract authorization amount of $34,251. The CDBG funds will be allocated to the additional services. BACKGROUND/DISCUSSION: In February 1998, heavy rainfall caused a slope failure of approximately 60 feet wide by 70 feet long in a residential hillside (Lots 51, 52, 77, 78 and 79 on Minnequa Drive and Sunset Crossing Road). The City Council declared the existence of a Local Emergency due to the extent of the landslide and requested CDBG funding for said investigation and remediation of the area. A RFP for services geological and engineering services was sent to five firms. Kleinfelder, Inc. was awarded a Professional Services Agreement for the geotechnical investigation/engineering work on November 3, 1998. At a later date, a second site was also included for a limited geological reconnaissance study — 23837 Minnequa Drive/Sunset Crossing Road. The geotechnical investigation for the main slide include an estimation of three 8 -hour days in the field for the drilling and logging of the three required borings. The borings ranged from 15 to 40 feet in depth. Due to the specialty technique and equipment of the drilling operations (hillside) along with the natural conditions of the bedrock difficulties were encountered during the drilling program required a fourth day to complete the three borings. The additional consultation/meetings and preliminary cost analyses of optional repair plans includes the supplemental reports on both sites and additional meetings with the City staff and Kleinfelder has also included monies for future meetings that may be required. (Attachment A) Repod Prepared by. Kellee A. Fdtzel AMENDMENT NO.2 TO THE CITY'S CONSULTING SERVICES AGREEMENT FOR PRFESSIONAL SERVICES FOR GEOTECHNICAL INVESTIGATION/ENGINEERING SERVICES FOR THE MINNEQUA LANDSLIDE This Amendment No. 2 to the City's Consulting Services Agreement is made and entered into this day of , 1999, between the CITY OF DIAMOND BAR, a Municipal Corporation (hereinafter referred to as "City") and Kleinfelder, Inc. (hereinafter referred to as "Consultant"). A. Recitals: (1) The City has heretofore entered into an agreement with Consultant to provide consulting services for Geotechnical Investigation/Engineering Services for the Minnequa Landslide. ("The Agreement") hereinafter). (2) CONSULTANT has submitted a revised scope of work and proposed fees for additional services requested by the City, a full, true and correct copy of which is attached hereto as Exhibit "A" to provide said services at a cost not to exceed $6,620.00. NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT Section 1: Section VB of the Agreement is hereby amended to read as follows B. Maximum Compensation The total compensation to be paid by CITY to CONSULTANT for services rendered from CDBG funds when, if and to the extent received from HUD, shall not exceed $34,251 for the Fiscal Year 1998-99, unless additional payment is approved by the City Council. Section 2: Each party to this Amendment No. 2 acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Amendment No. 2 shall be valid and binding. Any modification of this Amendment No. 2 shall be effective only if it is in writing signed by the parties. Section 3: All other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 as of the day and year first set forth above. APPROVED AS TO FORM COUNSULTANT: By: City Attorney ATTEST: City Clerk Name Title CITY OF DIAMOND BAR Mayor CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. i3 TO: Honorable Mayor and Members of the City Council MEETING DATE: June 15, 1999 REPORT DATE: June 10, 1999 FROM: Terrence L. Belanger, City Manager TITLE: Award of Professional Design Services for Chinook Place/ San Leandro Drive (and vicinity streets including Covered Wagon Drive, Ballena Drive, Bregante Drive) Drainage Improvement Project. SUMMARY: On May 7, 1999, the Community and Development Services Department — Public Works Division solicited proposals for professional design services for Chinook Place/ San Leandro Drive (and vicinity streets including Covered Wagon Drive, Ballena Drive, Bregante Drive). See Attachment "A". On May 21, 1999, one proposal from Dewan, Lundin & Associates (DL&A) was received and Charles Abbott Associates provided a written response that due to their current workload, they are unable to respond to our RFP. Based on DL&A's previous experience with seepage improvements design, staff recommends to award the professional design services for Chinook Place/ San Leandro Drive (and vicinity streets including Covered Wagon Drive, Ballena Drive, Bregante Drive) to DL&A RECOMMENDATION: That the City Council award the engineering services contract to Dewan, Lundin & Associates for Professional Design Services for Chinook Place/ San Leandro Drive (and vicinity streets including Covered Wagon Drive, Ballena Drive, Bregante Drive), in an amount not -to -exceed $49,160.00 and provide a contingency amount of $840.00 for contract amendment(s) to be approved by the City Manager, for a total authorization amount of $50,000.00. LIST OF ATTACHMENTS: X Staff Report _ Resolution(s) _ Ordinances(s) x Agreement(s) SUBMITTAL CHECKLIST: _ Public Hearing Notification Bid Specification (on file in City Clerk's Office) x Other: RFP and DL&A's scope of work 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? 2. Does the report require a majority or 4/5 vote? 3. Has environmental impact been assessed? 4. Has the report been reviewed by a Commission? Which Commission? 5. Are other departments affected by the report? Report discussed with the following affected departments: REVIEWED BY: Terrence L. Beler City Manager x Yes _ No Majority N/A _ Yes _ No N/A _ Yes _ No N/A _ Yes _ No tow JamV DeStefano Eravdb. Liu Deputy City Manager Deputy Director of Public Works CITY COUNCIL REPOKT _ MEETING DATE: May 6, 1997 AGENDA NO. TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Award of Professional Design Services for Chinook Place/ San Leandro Drive (and vicinity streets including Covered Wagon Drive, Ballena Drive, Bregante Drive) Drainage Improvement Project. ISSUE STATEMENT The City desires to retain Dewan, Lundin & Associates for the professional design services for Chinook Place/ San Leandro Drive (and vicinity streets including Covered Wagon Drive, Ballena Drive, Bregante Drive). RECOMMENDATION That the City Council award the engineering services contract to Dewan, Lundin & Associates for Professional Design Services for Chinook Place/ San Leandro Drive (and vicinity streets including Covered Wagon Drive, Ballena Drive, Bregante Drive), in an amount not -to -exceed $49,160.00 and provide a contingency amount of $840.00 for contract amendment(s) to be approved by the City Manager, for a total authorization amount of $50,000.00. FINANCIAL SUMMARY The total allocated project budget is $50,000.00 from Gas Tax Fund, BACKGROUND/DISCUSSION On May 7, 1999, the Community and Development Services Department — Public Works Division solicited proposals for professional design services for Chinook Place/ San Leandro Drive (and vicinity streets including Covered Wagon Drive, Ballena Drive, Bregante Drive). See Attachment "A". On May 21, 1999, one proposal from Dewan, Lundin & Associates was received and Charles Abbott Associates provided a written response that due to their current workload, they are unable to respond to our RFP (Attachment `B"). The firms were asked to describe and discuss the scope of work they felt necessary to adequately determine the remedy to the existing seepage problems. Converse Consultants, West had Previously completed the Groundwater/Seepage Study for these areas. The study was to determine the groundwater infiltration and seepage conditions at the Chinook Place/San Leandro Drive neighborhoods (including streets such as Covered Wagon Drive, Ballena Drive and Bregante Drive), and to provide remediation measures to mitigate distress conditions. The Request Por Proposal provided the general guidelines and minimum requirements needed in order for the consultants' proposed scope of work to be responsive and include basic information. Based on these requirements, the proposal was reviewed based on the following key elements: • Understanding of the problem and approach; • Experience of the staff assigned to perform the proposed work effort; • Background and experience of the firm; • Proposed work effort; • Timing; and • Cost Rates. Dewan, Lundin & Associates includes the following in their proposal (See Attachment "C"): • Preliminary design development, including coordination with L.A. County • Design survey • Utility coordination • Preliminary design, including hydrology study • Final design • Assistance during bidding(construction phase The work as proposed will be completed within 14weeks of Notice -To -Proceed. Dewan, Lundin & Associates has previous experience with seepage improvements design with the City of Diamond Bar. They recently completed the design for both the Ambushers Street Drainage Improvement Project and the Meadowglen Road Public Street Improvements Project. In working on both projects, they have experience in conducting public information meetings for the residents and property owners as well as processing NPDES permits and other requirements by the LA County Department of Public Works. Prepared by: Rose E. Manela all ,P o� 2� E OA l QQQ n -o 60 l �.o P�OSP� ti �, o S�POJ OQ p�KES (%� 61 P9 S tN CoQ' � �^ \oQO 0 a- D G of o M y E \GO i GS P c ��c .099,yin iO�� TOP GT �q `�5Q P alp F ?, 9 STgq qac 9�. 9C,o ,9 GR K v o ROCKB(q v yF,Q, N o VEEOP QA ���?SPRINGS DR o 9 HAAG � -a o 99or�7Fly �a Q� Cgpy 9y PRM I TOS Q� y WOCG 0 Z Zd 'HAVEN PL qc �J0PANTERA OR ��� s�` a o .y < v, cc 1'44 O 'IA GOU RUSy o PUSH R rl D 60 l n90 v ti z �' rcc GQ� J h f.r 40 r v� z ti cr DIAMOND o MT S�AEP� IUNRI V t Q a o OR13AR F9 DR 0 * � � A P v IONG��1 � 9 O RES? F G+ J FqK y N N NAN T' A► v GT • �ti, r �' jHUNQER '0 TR _ , ., .� ter^ o q•� r � �..'~ ra' t • BgECKE � GT J �Q PGO rAl , ' .' ,r� 'ra•., .►. q SNT W ui I r�. co 9 May 7, 1999 City of Diamond Bar 21660E. Copley Drive, Suite 100 • Diamond Bar, CA 91765-4177 (909) 860-2489 • Fax (909) 861-3117 Internet: http://wvvw.ci.diamond-bar.ca.us • City Online (BBS): (909) 860.5463 SUBJECT: Request for Fee Proposals for Design Services To Civil Engineering Firms: I. INTRODUCTION The City of Diamond Bar Public Works Division is soliciting fee proposals to design public street improvements in the San Leandro Drive/Chinook Place and Ballena/Covered Wagon Drive residential areas. The project will be administered by the Public Works Division of the City of Diamond Bar. The location and limits of the proposed improvements are described as follows: Chinook Place, San Leandro Drive, Covered Wagon Drive, Ballena Drive, Bregante Drive. Tracts within the scope of study are 26126, 26127, 32712, 29014. A geotechnical study has been completed which investigated the groundwater infiltration and seepage conditions at these locations and recommended measures to mitigate distress conditions. Suggested mitigation measures include construction of catch basins with primary and secondary locations and the construction of subdrain Wen Chang systems and increasing the pavement section for various areas. Mayor Deborah H. O'Connor A copy of the investigation report for each location is attached. (Please return these Mayr Fro Tem copies with proposal.) It shall be the responsibility of the consultant to determine the most practical and economical approach for restoring the streets to full function. The Eileen R. Ansari consultant shall conduct a review of all the above mentioned streets. At a minimum Council Member this review will include 1) a review of existing records including but not limited to geotechnical reports, street and storm drain plans and maintenance records; and 2) a Carol Herrera visual analysis taking into account the actual surface conditions and physical Council Member characteristics of the streets as well as surface distress. Robert S. Huff The consultant will then evaluate this information with City staff and design the Council Member drainage improvements and overlay/reconstruction of the various sections of roadway accordingly. The project (s) shall be designed in accordance with all applicable local and/or Los Angeles County standards. Consultant shall also be responsible for procurement of any County approvals and permits for the construction of additional storm drains and any analysis required for approval. Plans and specifications are to assure that advertisement, award and construction is in accordance with applicable provisions of the Public Contract Code and local ordinances. Page 2 Design Services RFP May 7, 1999 II. SCOPE OF WORK The City requires the services of a professional civil engineering consultant firm to design the street and drainage improvement projects for the areas as noted within the Introduction. The Consultant firm shall prepare construction plans, specificationsand cost estimates for the project(s). The work program or approach to be taken by the firm in completing these services should take into consideration the following items.- A. tems:A. Meet with City staff prior to beginning of work to discuss background, scope, objectives, and other pertinent details of the project. The consultant shall attend periodic meetings with City staff at various stages of the project as needed. B. Collect and review all existing information pertaining to this project, including the available improvement and utility plans. C. Conduct a utility search for all utilities within the project limits. Review the location of the existing utilities, surface and subsurface structures and proposed improvements. If the proposed improvements interfere with existing utilities, the consultant shall arrange to have potholes taken by the utility company. If the utility company has prior rights, potholes shall be excavated as negotiated extra work by a contractor secured by the consultant. The consultant shall secure the necessary right-of-way and/or permit(s) from all utility companies for the design and construction of the project. The consultant shall provide the City with copies of all utility correspondence with the completed construction documents submittal. Retention monies due the consultant will not be released until all utility correspondence has been submitted. D. If the consultant determines that a survey is required to design the proposed improvements, the survey shall be certified by the surveyor or engineer. The survey shall: 1. Locate sufficient topography and take sufficient cross sections to adequately show the condition of the project site prior to. construction. Reduce the data to a form showing centerline station, offset from centerline and elevation. 2. Provide in the cross section notes, the beginning, intermediate, and final benchmarks used, complete with reference, description, datum name and year and closing error. Use a minimum of two (2) benchmarks. 3. Sign, date and submit all original survey notes to the City within fifteen (15) working days after completion of the survey. E. The consultant shall prepare plans and specifications for the street improvement projects as noted within the Introduction. The improvement plans shall have plan and profile using 1 inch = 40 feet horizontal and 1 inch = 4 feet vertical scales. Signing and striping plans shall be at a 1 inch = 20 feet scale. Page 3 Design Services RFP May 7,1999 Final plans and bid specifications shall be signed and stamped by a Civil Engineer currently registered in the State of California For reconstruction project(s), work copy profiles shall be drawn at a 1 inch = 20 feet scale horizontally and 1.25 inch = 1 foot vertically on a standard profile grid. Proposed improvements shall be superimposed over sections of the existing surface. The bid specifications shall be submitted on 3 '/2 inch floppy data disks, in MS Word format (MS Word 97). The Consultant shall prepare and submit a cost estimate in a tabular form for each construction item showing quantity, unit, unity price and total cost. All estimate back-up calculations by plan sheet shall also be submitted. F. The consultant shall be responsible for assuming that nay and all information, normal and customary activities associated with design practices are incorporated. The city is not responsible for any additional costs that may be incurred by the consultant to provide the services requested unless the scope of work is specifically modified by the City. III. CITY SUPPORT A. Existing street plans and geotechnical reports in the City's possession. B. Reproduction of final construction plans and specifications for advertising. IV. PROPOSED FORMAT AND CONTENT For all of the street improvement projects notedwithin the Introduction, the consultant's response to the City's Request for Proposal should provide the following information using the same format and sequence: A. Project Team — Organization chart indicating key project team members together with an indication of their involvement in the project. For the project manager and project engineer, include information for three (maximum) recent projects on his/her record of completion. B. Firm's Experience — List five projects of similar scope which your firm has designed for other public agencies. Provide information including location, owner, construction costs, year of design completion, year of construction completion and project manager and project engineer. C. Project Design — Discuss the methods and procedures that will be used in the design of the project. Provide a list of construction drawings that will be prepared for the project. Also identify any potential concerns or problems in the design of the project. Page 4 Design Services RFP May 7,1999 D. Project Scheduling — Provide a schedule identifying milestones for the major tasks in the design of the project, beginning with the Notice to Proceed. E. Resource Requirements — Provide a man-hour and fee estimate by category identified in Section 11. Include a total "Not -to -Exceed" design fee for the project. Please state all assumptions upon which the estimates are based. It should be noted that the amount of retention shall be ten (10) percent for the contract and a reduction in the amount of retention percentage will not be allowed. Retention will be released upon the City's acceptance and approval by the Deputy Director of Public Works of the final plans. F. Fee Schedule — Provide the hourly rates of all personnel assigned to the project. These rates will be used to negotiate any additional work the City may request. Include any other costs related to the project. V. SUBMITTAL OF PROPOSAL Six copies of the proposal shall be presented in a sealed envelope bearing the name, address and telephone number of the individual or entity submitting the proposal and shall be addressed to.- DAVID o: DAVID G. LIU, P.E. DEPUTY DIRECTOR OF PUBLIC WORKS CITY OF DIAMOND BAR 21660 EAST COPLEY DRIVE, SUITE 190 DIAMOND BAR, CA 91765 The envelope shall be clearly marked with the notation "PROPOSAL — SAN LEANDRO DRIVE/CHINOOK PLACE AND BALLENA DRIVE/COVERED WAGON DRIVE". The proposal shall be delivered to the addressee on or before 3:00 p.m. on Friday, May 21, 1999. VI. SELECTION PROCEDURES Criteria for the evaluation of the proposals may include, but need not be limited to, the following: A. Completeness of the proposal. B. Firm's and key project team member's experience in performing similar work C. Firm's and key project team member's record in accomplishing work assignments for projects in the agreed scope of work. D. Consultant's demonstrated understanding of the scope of work. E. Quality of work previously performed by the firm. F. The resources and fee required to perform the requested services. Page 5 Design Services RFP May 7,1999 VII. RIGHT TO REJECT ALL PROPOSALSB The City reserves the right to reduce or revise elements of the scope of work prior to the award to any contract. Furthermore, the City reserves the right to reject any or all proposals submitted; and no representation is hereby made that any contract will be awarded pursuant to this Request for Proposal, or otherwise. All costs incurred in the preparation of the proposal, in the submission of additional information and/or in any other respect of a proposal prior to the award of a written contract, will be borne by the proposer. The City will provide only the staff assistance and documentation specifically referred to herein and will not be responsible for any other cost or obligation of any kind which may be incurred by a proposer. All proposals submitted to the City in response to this Request for Proposal shall become the property of the City. VIII. QUESTION If there any questions regarding this Request for Proposal, please contact Ms. Rose Manela, Assistant Engineer, or myself at (909) 396-5671. Sincerel avid G. Liu, P.E. Deputy Director of Public Works cc: James DeStefano, Deputy City Manager attachments �1 a 4 C I I I PROJECT APPROACH 7. PRELIMINARY DESIGN DEVELOPMENT ■ In a consultation meeting with the City, the scope of work, procedure for the project, and the precise limits of the project improvements will be reviewed. ■ Notify all affected public utility companies and identify all underground facilities and structures. ■ Obtain from County of Los Angeles and the City of Diamond Bar "as built" plans, tract maps, centerline ties and bench marks for the project area. 2. DESIGN SURVEY ■ Locate beginning, intermediate and final bench marks. Locate and identify horizontal controls used. ■ Conduct aerial survey. Aerial survey to show spot elevations and contours at 1 foot intervals. The following streets will be covered by aerial survey. 1 • Ballena Drive from Golden Springs Drive to Canoe Cove 2. Bregante Drive from Bellena Drive to Afamado Lane 3. Afamado Lane from Bregante Drive to Macenta Lane 4. Canoe Cove 5. San Leandro Drive from Golden Springs Drive to Camaron Crest Drive 6. Chinook Place 7. Silver Spray Avenue 8. Endquez Place ■ Perform a topographic survey on Golden Springs Drive (% street) between Rancheria Road and approximately 800 feet north of San Leandro Drive intersection, to design the french drain system and the drainage system to pick up the nuisance flow from subdrain outlet at 23932 Golden Springs Drive. ■ Obtain cross sections at 50 foot intervals for the sections requiring reconstruction. ■ A minimum of two (2) benchmarks will be used for each street. San UandiawChinook B Ba/ena/Covered Wagon Dewan. Lundin & Associates . pegs 18 [l Ir 10 a 0 4 I Ll 4 a 3. UTILITY COORDINATION ■ Proposed improvements will be coordinated with the following agencies: 1. General Telephone 2. Pacific Bell 3. Waste Management 4. Athens Services 5. Southern California Edison Company 6. Walnut Valley Water District 7. Los Angeles County Sanitation District 8. Los Angeles County Flood Control District 9. Los Angeles County Traffic Department 10. Southern California Gas Company 11. Century Communications Each of the above listed utility companies will be sent a "Utility Notification Letter" prior to commencement of preliminary design, preliminary improvement plans and final plans. Copies of all utility correspondence will be delivered to the City with completed construction documents submittal. 4. PRELIMINARY DESIGN ■ Prepare base maps using computer aided drafting (AutoCAD). Plot existing utilities, existing right-of-ways etc. ■ Provide necessary and proper coordination with all utility companies having facilities within the project area. Record drawings provided by utility companies will be used in conjunction with field data showing manholes, valves, loop detectors and other appurtenances located by DLA during the design survey. ■ Street Improvements Plot existing cross sections at 1 "=4' horizontal and 1'=1.25" vertical scale. For sections requiring reconstruction plot work copy profiles at 1"=20' horizontal and 1'=1.25" vertical. Superimpose proposed improvements over existing cross sections. San LeandAWChinook 8 BalenaiCovered Wagon Dewan, Lundin & Associates • Page 19 ii a Check the proposed cross sections for accuracy of cross slope. If the LWO proposed cross slope is less than the minimum required or more than the maximum permissible, revise the type of proposed treatment to the street surface. Develop alternate methods of achieving city goals, giving consideration to existing pavement condition as determined by pavement evaluation report. Repair, rehabilitation, and partial and full replacement shall be considered. Prepare preliminary street improvement plans. Prepare preliminary signage and striping plans. Prepare preliminary detour plans. o Prepare preliminary estimate of probable costs. ■ Drainage Improvements Perform a hydrology study of the contributing area in accordance with County of Los Angeles Hydrology Manual. 13 Review proposed horizontal and vertical alignment of proposed improvements in relation to utility crossings. E3 Identify the utility crossing locations with the greatest likelihood of impacting the proposed improvements. 13 Prepare street capacity calculations to determine the location and sizes of proposed catch basins. ° Obtain and coordinate with the County of Los Angeles for hydraulic grade line control for existing storm drain. El Review pipe sizes with the City staff. E3 Perform catch basin sizing calculations. Prepare preliminary storm drain plans (plan and profile, 1 "=40' horizontal and 1"=4' vertical scale). 13 Prepare preliminary estimate of probable costs. El Submit preliminary improvement plans and estimate of probable costs to the City for review. I San Leandra/Chhook d Bahna/Covered Wagon Dewan, Lundin 8 Associates Pegs 20 4- 5. FINAL DESIGN ■ Prepare final street and storm drain improvement plans. In addition provide copies of all calculations, cross sections and other support data to City. ■ Title sheet will show: Title Vicinity and location map with plan sheet index and scale o Utility and plan legends Bench mark, basis of bearings General and master construction notes Standard signature and title blocks Utility notes and contact names and telephone numbers Plan and profiles will include: 13 Topography between right-of-way and beyond as necessary. 13 Right-of-way limit lines (existing and proposed) 1 Utility location plot 13 Construction notes and quantity estimates 13 Typical sections and details Center line profile Storm drain profile including catch basin and lateral details. ■ Prepare a hydrology and hydraulic notebook including copies of calculations. ■ Prepare project specifications, cost estimates and bid package. ■ Final plans will be plotted on 4 mil thick mylar and delivered to the City on IBM compatible floppy disks. ■ Specifications will be prepared using the DOS version of Word Perfect 8. ■ Apply for permit to connect to County storm drain facility and obtain plan approval from Los Angeles County Department of Public Works. s• ASSISTANCE DURING BIDDING/CONSTRUCTION PHASE ■ Provide coordination during bidding process including answering bidders questions during the bidding phase. San Leandro/Chinook 8 B&MMCovered Wagon Dewan, Lundin & Associates - Page 21 Lj 4 L -k7 - R 7 a 4 ■ a 4 4 ■ Provide assistance during construction phase including plan clarifications, answering contractors questions and making revisions to plans, if any, to facilitate construction process. T. QUALITY CONTROUQUALITY ASSURANCE ■ The importance of review and checking cannot be overemphasized, given the extreme time constraints under which documents are often produced. ■ Checking plays a central role in our quality assurance effort. o Documents are comprehensively checked at one or more milestones before they are completed. o A senior team member checks all documents before they are issued. n One person checks all important dimensions. o The person responsible for the drawings reviews the,text, and the writer reviews the drawings. Consultants review the documents produced by other contributors for coordination. The City reviews and approves the documents before they are issued. San LeandraChinook 8 Salena,Covered Wagon Dewan, Lundin & Associates • Page 22 a� v 0 U) c N N J U 0 }U) U U m w 3 >-W =a W aW W� a W o a W Wa U- m QO N 0 a_ (L ir LLJ W aW W CL ZW Q� 3 ~ a I o z < cn w F - Qw WQW� W V) 0 3 J J� aW C A D N F- d Q V A N 0 Q m� WW W a �� �o W Zm N CXX �� dQ = _m O LAJ aW ZJ a a LO m ��Q CO W W 1�1 Y Z Q 0 a 0 0w >> A W LL.�� z Z0 0 V) Ixv �. Z 00 I a oW ~ Z I=_- °� > Z 0 Z CL W Q Z 3 Q j w 0 UU QO ® 1�1 W 3 V U L � N 3 C) 3 0 J D N Q LLJ = N v Z W Z O m a.a NO Eli ao w of cr > D �t Q Z W J J Q m A � 0 c 0 Im 3 V d O Uv as Z ~ LU oa v10 w E 0 L LU v a E 0(A Y Va' d O C IQ d J I I c 1 r I ! N C I 11 I v10 i 1 I I I 1 r I ! I0 r N cc W4) Q U) OW VZ a Oy 5 1 m Rt co ! cro N I I N N t0 iLo 1 I 1 I 1 I I 1 LO y V VW 00 N W M N r 0 NN rcor (O N r aW WO Z N r N N N t N N It 00 M a � y W C m p m a i— 0 H a aEi a z LU c > o N y y ca N CL y E > — 4a N (1) Z u E C -J w C cLa C aa) > a - 3 W = c� o y E Q. c�a d w C W � w � o € cc >IE'oo of o r y o Z Z c fo 0 N 0 a Lu (4 CL C J C co M H �, a� Z` Z` o E E `O in 2 c- w z Cc Cc € y 0. a- ww, zacn z € (D o 2 0 2 2 a!o� W W a o ca coJ ai Q T 210L -c%td5 � N1 o a 0 a U 2 a R as al06 a L a 21 a aL�i Q as c as r w r FEE SCHEDULE For San Leandro Drive/Chinook Place and Ballena Drive/Covered Wagon Drive Public Street Improvement Project May 20, 1999 ITEM DESCRIPTION AMOUNT 1. Preliminary Design Development ........................... $770.00 2. Design Survey (including Photogrammetric Services) ........ $19,235.00 3. Utility Coodination ....................................... Included 4. Preliminary Design Phase .............................. $20,245.00 5. Final Design Phase .................................... $8,110.00 6. Assistance during Bidding Phase ........................... Included 7. Reproductions .......................................... $800.00 dTOTAL NOT -TO -EXCEED FEE: .............................. $49,160.00 d 71 r r r lSan Leandrdchinook 8 BalenaiCovered Wagon Dewan, Lundin CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of June 15. 1999 by and between the City of Diamond Bar, a municipal corporation ("City") and Dewan. Lundin & Associates , ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City as set forth in Exhibit "A." B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "B." B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "B." 2. Term of Agreement. This Contract shall take effect June 15, 1999, and shall continue until the full and final completion of said project described in Exhibit "A" and Exhibit "B" to the satisfaction of the City, unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "B." 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses. City: City Manager City of Diamond Bar 21660 East Copley Drive Suite 100 Diamond Bar, California 91765-4177 Consultant: Dewan, Lundin & ASsociates 12377 Lewis Street, Suite 101 Garden Grove, CA 92840 6. Status as Independent Consultant. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees, Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Consultant shall perform all work to the highest professional standards and in a manner reasonably satisfactory to the City Manager or the City Manager's designee. 8. Indemnification. Consultant is skilled in the professional calling necessary to perform the services and duties agreed to be perfumed under this Agreement, and City is relying upon the skill and knowledge of Consultant to perform those services and duties. To the fullest extent permitted by law, Consultant hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Diamond Bar and its elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Consultant or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to this Agreement or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Consultant shall pay Indemnitees for any attorneys fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a) or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). Page 2 This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Consultant, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Consultant regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. In the event there is more than one person or entity named in the Agreement as a Consultant, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence; and (5) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy (ies) as to comprehensive general liability, property damage, automobile liability, and professional liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non - renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. Consultant agrees that if it does not keep the insurance in full force and effect, and such insurance is available at a reasonable cost, City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Consultant and the cost of such insurance may be deducted, at the option of City, from payments due Consultant. C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement". 10. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the Page 3 termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 13. Termination. City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 15. Financial Condition. Prior to entering into this Agreement, Consultant has submitted documentation acceptable to the City Manager, establishing that it is financially solvent, such that it can reasonably be expected to perform the services required by this Agreement. Within thirty (30) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement, Consultant shall submit such financial information as may be appropriate to establish to the satisfaction of the City Manager that Consultant is in at least as sound a financial position as was the case prior to entering into this Agreement. Financial information submitted to the City Manager shall be returned to Consultant after review and shall not be retained by City. 16. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, Page 4 upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 17. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 18. Performance Evaluation. For any contract in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 19. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 20. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default, 21. Attorney's Fees. hi the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 22. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 23. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. Page 5 24. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 25. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 26. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "City" ATTEST: CITY OF DIAMOND BAR By: City Clerk LIM City Manager Approved as to form: "CONSULTANT" LIM City Attorney By: Its: Page 6 CITY OF DIAMOND BAR AGENDA REPORT CITY OF DIAMOND RAR AGENDA REPORT AGENDA NO. TO: Honorable Mayor and Members of the City Council MEETING DATE: June 15, 1999 REPORT DATE: June 9, 1999 FROM: Terrence L. Belanger, City Manager TITLE: Approval of Increase in Contract with Paul Wright for Audio -Visual Services SUMMARY: To enable the City to utilize the South Coast Air Quality Management District (AQMD) Auditorium, the City must contract with the AQMD audio visual specialist, Paul Wright. Mr. Wright has been providing audio-visual services for the City Council, Planning Commission and Town Hall meetings. The City pays $35.00 per hour for meetings and support services (tape duplication). Currently the City has paid $9,750 in services to Mr. Wright through the City Council Meeting of May 18,1999. There are seven meetings still to be conducted and/or invoiced (3 City Council, 3 Planning Commission and a Town Hall Meeting). Due to the meetings still to be invoiced, Mr. Wright will exceed the $10,000 City Managers authority. To complete the year, an additional $2,000 will be required. RECOMMENDATION: It is recommended that thety Council approve an increase in the contract (purchase order) for Paul Wright for $2,000 for Jotal contract of $12,000. LIST OF ATTACHMENTS: EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: X Staff Report Public Hearing Notification _ Resolution(s) Bid Specification _ Ordinance(s) Oar: — Agreement(s) 1. Has the resolution, ordinance or agreement been reviewed N/A _ Yes _ No by the City Attorney? 2. Does the report require a majority vote? 3. Has environmental impact been assessed? 4. Has the report been reviewed by a Commission? Which Commission? 5. Are other departments affected by the report? Report discussed with the following affected departments: REVIEWED BY: X Yes _ No N/A _ Yes _ No Yes X No Terrence L. Belan Kellee A. FZal City Manager Assistant to the City Manager Yes X No CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. (, .(7 TO: Terrence L. Belanger, City Manager MEETING DATE: June 16, 1999 REPORT DATE: June 9, 1999 FROM: Gina M. Tharan$Accountant II TITLE: Proposition A Local Return Fund, Proposition C Local Return Fund and Transportation Development Act Audits for the fiscal years ended June 30, 1998 and 1997. SUMMARY: The City of Diamond Bar's Proposition A Local Return (Prop A), Proposition C Local Return (Prop C) and Transportation Development Act Funds (TDA) are required to be audited on an annual basis. Simpson & Simpson, CPA for fiscal year ended June 30, 1998 completed the audit in December 1998. The final versions of the audits were received in the City offices in June 1999 and are being presented to Council for their review. RECOMMENDATION: Receive, accept and file Proposition A Local Return Fund, Proposition C Local Return Fund and Transportation Development Act Fund Audit Reports for fiscal year ending June 30, 1998 and 1997. LIST OF ATTACHMENTS: —Staff Report —Public Hearing Notification Resolution(s) —Bid Specification (on file in City Clerk's Office) _ Ordinances(s) XX Other (Copies of Respective Audits) _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed _ Yes XX No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? _ Yes XX No 4. Has the report been reviewed by a Commission? _ Yes XX No Which Commission? 5.Are other departments affected by the report? _ Yes XX No Report discussed with the following affected departments: REVIEWED BY: �X� Terrence elanger Linda G. Magnuson City Man Finance Director CITY OF DIAMOND BAR ANNUAL FINANCIAL REPORT OF THE PROPOSITIONA LOCAL RETURN FUND FOR THE FISCAL YEARS ENDED .TUNE 30, 1998 AND 1997 Tpo" S1 ii�svn CITY OF DIAMOND BAR ANNUAL FINANCIAL REPORT PROPOSITION A LOCAL RETURN FUND For the Fiscal Years Ended June 30, 1998 and 1997 TABLE OF CONTENTS Page FINANCIAL SECTION Independent Auditor's Report 4 Balance Sheet 6 Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual 7 Notes to Financial Statements 8 COMPLIANCE SECTION Independent Auditor's Report 11 SUPPLEMENTAL INFORMATION Exhibit 1 - Schedule of Expenditures - Actual and LACMTA Approved Project Budget 13 Exhibit 1A -Schedule of Fixed Assets 14 Exhibit 2 - Exit Conference 15 2 FINANCIAL SECTION - .Si 7 son& Inyson CERTIFIED PUBLIC ACCOUNTANTS S INDEPENDENT AUDITOR'S REPORT December 4, 1998 3800 WILSHIRE aouL.EVARD. SUITE 1710 LOS ypq M CALIFORNIA 80010 TELEPHONE (218) 7388884 FAX (213) 798.8881 To the Honorable Members of the City Council of the City of Diamond Bar, California and the Los Angeles County Metropolitan Transportation Authority We have audited the balance sheet of the Proposition A Local Return Fund of the City of _ Diamond Bar (City) as of June 30, 1998 and 1997, and the accompanying statement of revenues, expenditures, and changes in fund balance for the years then ended. These statements are the responsibility of the City's management. Our responsibility is to express an opinion on these statements based on our audits. We conducted our audits in accordance with generally accepted auditing standards. -- Those standards require that we plan and perform the audits to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audits provide a reasonable basis for our opinion. _ As more fully described in Note 2, the financial statements present only the Proposition A Local Return Fund and are not intended to present fairly the financial position and the results of the operations of the City's total funds in conformity with generally accepted accounting principles. In our opinion, the statements referred to in the opening paragraph present fairly, in all material respects, the financial position of the Proposition A Local Return Fund of the City as of June 30, 1998 and 1997, and the results of its operations and changes in the fund balance for the years then ended, in conformity with the Los Angeles County Metropolitan Transportation Authority (LACMTA), Proposition A Local Return Prortram Guidelines. The accompanying supplemental information listed in the foregoing table of contents is not necessary for a fair presentation of the financial statements referred to in the opening paragraph, but is presented as additional analytical data. The supplemental information has been subjected to the tests and other auditing procedures applied in the audits of the — 4 �:W" The CPA. Never Underestimate The Value- son irr�son financial statements and, in our opinion, is fairly stated in all material respects in relation to the financial statements taken as a whole. This report is intended solely for the information and use of the City and the Los Angeles County Metropolitan Transportation Authority (LACMTA) and it should not be used for -- any other purpose. This restriction is not intended to limit the distribution of this report which, upon acceptance by the City and LACMTA is a matter of public record. Los Angeles, California 5 CITY OF DIAMOND BAR PROPOSITION A LOCAL RETURN FUND BALANCESHEET June 30 ASSETS Cash LACMTA Receivable Total Assets LIABILITIES AND FUND BALANCE Liabilities Accounts Payable Accrued Payroll Due to Other Funds Total Liabilities Fund Balance Restricted Total Fund Balance Total Liabilities and Fund Balance 1998 1997 It 1 707 011 Q 1 744Z Ani .P 1,1uo,V4LG .p 1,011,VV0 $ 70,866 $ 61,190 d911 S2Z 128,759 61,723 1,634,263 1,755,285 1,634,263 1,755,285 .P 1, 1 VJ,VL.L a 1,01 i,VVO The notes are an integral part of these financial statements. 6 CITY OF DIAMOND BAR PROPOSITION A LOCAL RETURN FUND STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL For the Fiscal Year Ended June 30, 1998 — (With Comparative Totals for the Fiscal Year Ended June 30, 1997) 1998 Variance Favorable (Un- 1997 Revenues Budget Actual favorable) Actual Proposition A (Note 4) $ 630,150 $ 621,821 $ (8,329) $ Interest Income (Note 5) 583,759 80,000 90,319 10,319 Project Generated 378,000 328,370 (49,630) 89,452 265,134 Total Revenues 1,088,150 1,040,510 (47,640) 938,345 Expenditures Various Projects (Exhibit 1) 892,000 1,161,532 (269,532) 632,879 Total Expenditures 892,000 1,161,532 (269,532) 632,879 Excess (Deficit) of Revenues Over Expenditures 196,150 (121,022) (317,172) 305,466 Fund Balance at Beginning of Year 1,755,285 1,755,285 0 1,449,819 Fund Balance at End of Year $ 1,951,435 $ 1,634,263 $ (317,172) $ 1,755,285 is The notes are an integral part of these financial statements. 7 CITY OF DIAMOND BAR PROPOSITION A LOCAL RETURN FUND - NOTES TO FINANCIAL STATEMENTS For the Fiscal Years Ended June 30, 1998 and 1997 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Fund Accounting The operations of the Proposition A Local Return Fund (PALRF) are accounted for in separate sets of self -balancing accounts that comprise its assets, liabilities, fund balance, revenue and expenditures. PALRF accounts for the City's share of the 1/2% Proposition A Local Return allocations which are legally restricted for specific purposes. — Basis ofAccounting PALRF is accounted for in a Special Revenue Fund, using the modified accrual basis of accounting whereby revenues are recognized when they become both measurable and available to finance expenditures of the current period and expenditures are generally recognized when the related fund liabilities are incurred. Budgets and Budgetary Accounting The budgeted amounts presented in this report for comparison to the actual amounts are presented in accordance with generally accepted accounting principles. NOTE 2 - ANNUAL FINANCIAL STATEMENTS - The financial statements are intended to reflect the financial position, results of its operations and compliance with the Proposition A Local Return Program Guidelines, published by LACMTA for the Proposition A Local Return Fund only. NOTE 3 - PROPOSITION A LOCAL RETURN COMPLIANCE REQUIREMENT In accordance with Proposition A Local Return Program Guidelines, funds received pursuant to these guidelines may only be used for Proposition A Local Return programs. NOTE 4 - PROPOSITION A REVENUE _ Proposition A revenue is the following: 1998 1997 Proposition A Local Return Fund $ 621,821 $ 583,759 These notes are an integral part of the preceding financial statements. 8 CITY OF DIAMOND BAR PROPOSITION A LOCAL RETURN FUND NOTES TO FINANCIAL STATEMENTS For the Fiscal Years Ended June 30, 1998 and 1997 (Continued) NOTE 5 - REVENUE - INTEREST The PALRF cash balance was pooled with various other City funds for deposit and _ investment purposes. The share of each fund in the pooled cash account was separately maintained and interest income was apportioned to the participating funds based on the relationship of their average monthly balances to the total of the pooled cash and investments. These notes are an integral part of the preceding financial statements. 9 COMPLIANCE SECTION 10 i son V s n 3800 WILSHIRE SOULEVARD. SUITE 1710 CERTIFIED PUBLIC ACCOUNTANTS LOS ANGELES, CALIFORNIA 60010 S TELEPHONE (213) 7W4M4 FAX (213) 7384861 INDEPENDENT AUDITOR'S REPORT December 4, 1998 To the Honorable Members of the City Council of the City of Diamond Bar, California and the Los Angeles County Metropolitan Transportation Authority We have audited the balance sheet and statement of revenues, expenditures, and changes in fund balance of the Proposition A Local Return Fund of the City of Diamond Bar (City) for the years ended June 30, 1998 and 1997, and have issued our report thereon dated December 4, 1998. Our audits were made in accordance with generally accepted auditing standards; the rules and regulations of the Los Angeles County Metropolitan Transportation Authority (LACMTA); the Proposition A Local Return Guidelines (revised 1995); and accordingly, included such tests of the accounting records and such other auditing procedures as we considered necessary under the circumstances. The management of the City is responsible for the City's compliance with the laws and regulations of LACMTA and the Proposition A Local Return Guidelines. The following projects were reviewed and tested: Recreational Transit Excursions Bus Stop Bench Replacement Recreational Transit Ranch Festival Fund Exchange Transit Subsidy Program Holiday Ride Dial -A -Cab Senior & Disabled Expansion of Park & Ride Lot Transportation Planning SGVCOG Construction of Bus Pads Bus Stop Improvement Program from Palomino Drive and — Northern City Limit Based on our audits, we found that, for the items tested, the City complied with the laws and regulations governing the projects listed above. Further, based on our audits, for the items not tested, nothing came to our attention to indicate that the City had not complied with the laws and regulations governing the projects. This report is intended solely for the use of the City and LACMTA and should not be used for any other purpose. This restriction is not intended to limit the distribution of this - report which, upon acceptance by the City and LACMTA is a matter of public record. Los Angeles, California 11 CC PA The CPA. Never Underestimate The Value." SUPPLEMENTAL INFORMATION 12 EXHIBIT 1 CITY OF DIAMOND BAR (1) The expenditures incurred for these projects were lower than anticipated. (2) The true variance was calculated as follows: Total Expenditures $ 433,419 Less: Project Generated Revenue (328,370) PALRF Expenditures 105,049 Less: LACMTA Budget (115,000) True Variance Over/(Under) $ (9,951) 13 PROPOSITION A LOCAL RETURN FUND SCHEDULE OF EXPENDITURES - ACTUAL AND LACMTA APPROVED PROJECT BUDGET For the Fiscal Year Ended June 30, 1998 (With Comparative Actual Amounts for Fiscal Year Ended June 30, 1997) Project Variance Code LACMTA Description Budget Actual (Over) Under 1997 Actual 01-270 -- 01-140 Transportation Planning $ 7,500 $ 5,670 $ Recreational Transit 1,830 $ 5,600 02-140 32,000 23,656 Recreational Transit 8,344 (1) 20,791 - 03-140 (Ranch Festival) 4,000 1,908 Holiday Ride 2,092 (1) 2,275 01-290 5,000 1,116 Park & Ride Lot Expansion 70,000 57,400 3,884 (1) 12,600 542 01-250 02-130 Transit Subsidy 115,000 433,419 Senior/Disabled Dial -A (318,419) (Z) 0 344,082 01-160 -Cab 240,000 249,813 Bus Stop Bench Program 3,500 (9,813) 209,589 01-150 3,550 Construction of Bus Pads 0 (50) 0 01-405 0 Fund Exchange 385,000 385,000 0 0 50,000 0 01-150 Bus Stop Improvement 30,000 0 30,000 0 Total Expenditures $ 892,000 $ 1,161,532 $ (269,532) $ 632,879 (1) The expenditures incurred for these projects were lower than anticipated. (2) The true variance was calculated as follows: Total Expenditures $ 433,419 Less: Project Generated Revenue (328,370) PALRF Expenditures 105,049 Less: LACMTA Budget (115,000) True Variance Over/(Under) $ (9,951) 13 EXHIBIT IA CITY OF DIAMOND BAR PROPOSITION A LOCAL RETURN FUND SCHEDULE OF FIXED ASSETS June 30, 1998 Date Balance Balance Acquired Description 7/1/97 Additions Deletions 6/30/98 None $ 0 $ $ $ 0 Totals $ 0 $ 0 $ 0 $ 0 14 EXHIBIT 2 CITY OF DIAMOND BAR PROPOSITION A LOCAL RETURN FUND EXIT CONFERENCE June 30, 1998 An exit conference was held on December 4, 1998, at the City of Diamond Bar. Those in attendance were: Simpson & Simpson Representative: Irella Ruiz, Auditor City's Representative: Joann Gitmed, Senior Accountant Matters Discussed: Results of the audit disclosed no significant financial or compliance issues. 15 CITY OF DIAMOND BAR ANNUAL FINANCLIL REPORT OF THE PROPOSITION C LOCAL RETURN FUND FOR THE FISCAL YEARS ENDED JUNE 30,1998 AND 1997 lTpsvn_ CITY OF DIAMOND BAR ANNUAL FINANCIAL REPORT PROPOSITION C LOCAL RETURN FUND For the Fiscal Years Ended June 30, 1998 and 1997 TABLE OF CONTENTS Page - FINANCIAL SECTION Independent Auditor's Report 4 Balance Sheet 6 Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual 7 Notes to Financial Statements 8 COMPLIANCE SECTION Independent Auditor's Report 11 SUPPLEMENTAL INFORMATION Exhibit 1 - Schedule of Expenditures - Actual and LACMTA Approved Project Budget 14 _ Exhibit IA - Schedule of Fixed Assets 15 Exhibit 2 - Exit Conference 16 2 FINANCIAL SECTION 3 �ir_ pson (S,i son CERTIFIED PUBLIC ACCOUNTANTS �.5g INDEPENDENT AUDITOR'S REPORT December 4, 1998 3800 VALSHIRE BOULEVARD, SUITE 1710 LOS ANGELES, CALIFORNIA 90010 TELEPHONE (213) 7388884 FAX (213) 7368692 To the Honorable Members of the City Council of the City of Diamond Bar, California and the Los Angeles County Metropolitan Transportation Authority We have audited the balance sheet of the Proposition C Local Return Fund of the City of Diamond Bar (City) as of June 30, 1998 and 1997, and the accompanying statement of revenues, expenditures, and changes in fund balance for the years then ended. These statements are the responsibility of the City's management. Our responsibility is to express an opinion on these statements based on our audits. We conducted our audits in accordance with generally accepted auditing standards. Those standards require that we plan and perform the audits to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and - disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audits provide a reasonable basis for our opinion. As more fully described in Note 2, the financial statements present only the Proposition C Local Return Fund and are not intended to present fairly the financial position and the results of the operations of the City's total funds in conformity with generally accepted accounting principles. In our opinion, the statements referred to in the opening paragraph present fairly, in all material respects, the financial position of the Proposition C Local Return Fund of the City as of June 30, 1998 and 1997, and the results of its operations and changes in the fund balance for the years then ended, in conformity with the Los Angeles County Metropolitan Transportation Authority (LACMTA), Proposition C Local Return Program Guidelines. The accompanying supplemental information listed in the foregoing table of contents is not necessary for a fair presentation of the financial statements referred to in the opening paragraph, but is presented as additional analytical data. The supplemental information has been subjected to the tests and other auditing procedures applied in the audits of the 4 (C -P -A-0 The CPA. Never Underestimate The Value'" - —� im_ pson ( `ZlTson --- financial statements and, in our opinion, is fairly stated in all material respects in relation to the financial statements taken as a whole. This report is intended solely for the information and use of the City and the Los Angeles County Metropolitan Transportation Authority (LACMTA) and it should not be used for — any other purpose. This restriction is not intended to limit the distribution of this report which, upon acceptance by the City and LACMTA is a matter of public record. Los Angeles, California 5 CITY OF DIAMOND BAR PROPOSITION C LOCAL RETURN FUND _ BALANCESHEET June 30 ASSETS Cash LACMTA Receivable Total Assets LJABILITIES AND FUND BALANCE Liabilities Accounts Payable Due to Other Funds Total Liabilities Fund Balance Restricted Total Fund Balance Total Liabilities and Fund Balance 1998 1997 $ 2,104,845 $ 2,027,045 I 2,152,267 $ 2,070,499 $ 68,079 $ 0 195,412 0 1,956,855 2,070,499 $ 2,152,267 $ 2,070,499 The notes are an integral part of these financial statements. 6 The notes are an integral part of these financial statements. 7 CITY OF DIAMOND BAR PROPOSITION C LOCAL RETURN FUND - STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL For the Fiscal Year Ended June 30, 1998 (With Comparative Totals for the Fiscal Year Ended June 30, 1997) 1998 Variance Favorable Revenues Budget Actual fin- favorable 1997 Actual Proposition C (Note 4) Interest Income (Note 5) $ 526,600 $ 515,733 $ (10,867) $ 486,792 80,000 114,706 34,706 98,413 Total Revenues 606,600 630,439 23,839 585,205 Expenditures Various Projects (Exhibit 1) 2,625,000 744,083 1,880,917 103,943 Total Expenditures 2,625,000 744,083 1,880,917 103,943 Excess (Deficit) of Revenues Over Expenditures (2,018,400) (113,644) 1,904,756 481,262 Fund Balance at Beginning of Year 2,070,499 2,070,499 0 1,462,143 Prior Period Adjustments (Note 6) 0 0 0 127,094 Fund Balance at Beginning of , Year, Restated 2,070,499 2,0_ 7_ 0_499 0 1,589,237 Fund Balance at End of Year $ 52,099 $ 1,956,855$ i! 1,904,756 $ 2,070,499 The notes are an integral part of these financial statements. 7 CITY OF DIAMOND BAR PROPOSITION C LOCAL RETURN FUND NOTES TO FINANCIAL STATEMENTS For the Fiscal Years Ended June 30, 1998 and 1997 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Fund Accounting The operations of the Proposition C Local Return Fund (PCLRF) are accounted for in separate sets of self -balancing accounts that comprise its assets, liabilities, fund balance, revenue and expenditures. - PCLRF accounts for the City's share of the 1/2% Proposition C Local Return allocations which are legally restricted for specific purposes. Basis of Accounting PCLRF is accounted for in a Special Revenue Fund, using the modified accrual basis of accounting whereby revenues are recognized when they become both measurable and available to finance expenditures of the current period and expenditures are generally recognized when the related fund liabilities are incurred. Budnets and Bud etary Accounting The budgeted amounts presented in this report for comparison to the actual amounts are presented in accordance with generally accepted accounting principles. NOTE 2 - ANNUAL FINANCIAL STATEMENTS The financial statements are intended to reflect the financial position, results of its operations and compliance with the Proposition C Local Return Program Guidelines, published by LACMTA for the Proposition C Local Return Fund only. NOTE 3 - PROPOSITION C LOCAL RETURN COMPLIANCE REQUIREMENT In accordance with Proposition C Local Return Program Guidelines funds received pursuant to these guidelines may only be used for Proposition C Local Return programs. NOTE 4 - PROPOSITION C REVENUE Proposition C revenue is the following: 1998 1997 Proposition C Local Return Fund $ 515,733 $ 486,792 These notes are an integral part of the preceding financial statements. 8 CITY OF DIAMOND BAR PROPOSITION C LOCAL RETURN FUND NOTES TO FINANCIAL STATEMENTS For the Fiscal Years Ended June 30, 1998 and 1997 (Continued) NOTE 5 - REVENUE - INTEREST The PCLRF cash balance was pooled with various other City funds for deposit and investment purposes. The share of each fund in the pooled cash account was separately maintained and interest income was apportioned to the participating funds based on the relationship of their average monthly balances to the total of the pooled cash and investments. NOTE 6 - PRIOR PERIOD ADJUSTMENT The prior period adjustment in the amount of $127,094 represents the reclassification to Discretionary Fund which was not properly allocated to PCLRF in fiscal years 1997196. These notes are an integral part of the preceding financial statements. 0 COMPLIANCE SECTION 10 _..dim son � - �' z CERTIFIED PUBLIC ACCOUNTANTS son INDEPENDENT AUDITOR'S REPORT December 4, 1998 To the Honorable Members of the City Council of the City of Diamond Bar, California and the Los Angeles County Metropolitan Transportation Authority 3600 WILSHIRE BOULEVARD, SUITE 1710 LOS ANGELES, CALIFORNIA 90010 TELEPHONE (213) 738.6864 FAX (219) 796-6892 We have audited the balance sheet and statement of revenues, expenditures, and changes in fund balance of Proposition C Local Return Fund of the City of Diamond Bar (City) for the years ended June 30, 1998 and 1997, and have issued our report thereon dated December 4, 1998. Our audits were made in accordance with generally accepted auditing standards; the rules and regulations of the Los Angeles County Metropolitan Transportation Authority (LACMTA); the Proposition C Local Return Guidelines (revised 1995); and accordingly, included such tests of the accounting records and such other auditing procedures as we considered necessary under the circumstances. The management of the City is responsible for the City's compliance with the laws and regulations of LACMTA and the Proposition C Local Return Guidelines. The following projects were reviewed and tested: Pavement Management System Traffic Signal Installation - Diamond Bar Boulevard Rehabilitation DBB/Montefino GA/SR 60 Traffic Signal Installation - Brea Canyon Road Rehabilitation NCL/GS DBB/Racquet Golden Springs Rehabilitation - BCR/WCL Traffic Signal Installation - Traffic Signal Construction - DBB/Quails Goldrush, Calbrn, Palamino Diamond Bar Blvd. Rehabilitation SR60/NCL Diamond Bar Blvd. Rehabilitation Rehabilitation of Golden Springs Dr. - GA to Palomino Dr./NCL Torito Lane Based on our audits, we found that, for the items tested, the City complied with the laws and regulations governing the projects listed above. Further, based on our audits, for the items not tested, nothing came to our attention to indicate that the City had not complied with the laws and regulations governing the projects. 11 (C—P-k' The CPA. Never Underestimate The Value- -�iTpsons This report is intended solely for the use of the City and LACMTA and should not be - used for any other purpose. This restriction is not intended to limit the distribution of this report which, upon acceptance by the City and LACMTA is a matter of public record. 7 Los Angeles, California 12 SUPPLEMENTAL INFORMATION 13 EXHIBIT 1 CITY OF DIAMOND BAR PROPOSITION C LOCAL RETURN FUND SCHEDULE OF EXPENDITURES - - ACTUAL AND LACMTA APPROVED PROJECT BUDGET For the Fiscal Year Ended June 30, 1998 (With Comparative Actual Amounts for Fiscal Year Ended June 30, 1997) Variance Project LACMTA (Over) Code Project Name Budget Actual Under 01-470 Pavement Management - System $ 10,000 $ 8,333 $ 1,667 01-440 Brea Canyon Road Rehab. 450,000 285,440 164,560 NCL/GS -- 01-460 Traffic Signal Installation 300,000 Goldrush, Calbrn, Palamino 01-440 Diamond Bar Blvd. Rehab- 75,000 ilitation - Palomino Drive $ 2,625,000 $ Northern City Limit 02-460 Traffic Signal Construction - DBB/Quails 03-460 Traffic Signal Construction - DBB/Montefino 04-460 Traffic Signal Installation - DBB/Racquet _ 02-440 Diamond Bar Blvd. Reha- bilitation - GA/SR 60 06-440 Golden Springs Rehabilitation -- BCR/WCL 04-440 Rehab. Of Golden Springs Drive - Grand Ave. to Torito - Lane 03-440 Diamond Bar Blvd. Rehab. SR60/N City Limit Total Expenditures 375,000 700,000 120,000 130,000 130,000 60,000 275,000 262,881 172,347 15,011 0 0 0 71 112,119 527,653 104,989 130,000 130,000 60,000 274,929 1997 Actual $ 0 2,757 35,439 0 0 0 0 60,000 0 300,000 0 300,000 0 75,000 0 75,000 5,747 $ 2,625,000 $ 744,083 $ 1,880,917 $ 103,943 i 14 EXHIBIT IA CITY OF DIAMOND BAR PROPOSITION C LOCAL RETURN FUND SCHEDULE OF FIXED ASSETS June 30, 1998 Date Balance Balance Acquired Description 7/1/97 Additions Deletions Q 6/30/98 None $ 0 $ $ $ 0 Totals $ 0 $ 0 $ 0 $ 0 15 EXHIBIT 2 CITY OF DIAMOND BAR PROPOSITION C LOCAL RETURN FUND EXIT CONFERENCE June 30, 1998 An exit conference was held on December 4, 1998, at the City of Diamond Bar. Those in attendance were: Simpson & Simpson Representative: Irella Ruiz, Auditor City's Representative: Joann Gitmed, Senior Accountant Matters Discussed: Results of the audit disclosed no significant financial or compliance issues. 16 CITY OF DIAMOND BAR ANNUAL FINANCLIL REPORT OF THE TRANSPORTATION DEVELOPMENT ACT FUND FOR THE FISCAL YEARS ENDED JUNE 30, 1998 AND 1997 - � inlpson � yC itTsvn CITY OF DIAMOND BAR ANNUAL FINANCIAL REPORT TRANSPORTATION DEVELOPMENT ACT FUND For the Fiscal Years Ended June 30, 1998 and 1997 TABLE OF CONTENTS Pane FINANCIAL SECTION Independent Auditor's Report 4 Balance Sheet - Section 99234 6 Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual 7 Notes to Financial Statements 8 SUPPLEMENTAL INFORMATION Schedule of Transportation Development Act Allocation for Specific Projects 11 Schedule of Completed Projects 12 COMPLIANCE SECTION Report on Transportation Development Act Compliance 14 Schedule of Finding(s) 15 -- Exit Conference 16 2 FINANCL4L SECTION SiiTson S i son CERTIFIED PUBLIC ACCOUNTANTS 7 S INDEPENDENT A UDITOR'S REPORT December 4, 1998 To the Honorable Members of the City Council of the City of Diamond Bar, California and the Los Angeles County Metropolitan Transportation Authority 3800 WILSHIRE BOULEVARD, SUITE 1710 LOS ANGELES, CALIFORNIA 90010 TELEPHONE (213) 798 -MM FAX (219) 730 -Ml We have audited the balance sheet of the Transportation Development Act Fund of the City of Diamond Bar (City) as of June 30, 1998 and 1997, and the related statement of revenues, expenditures, and changes in fund balance for the years then ended. These statements are the responsibility of the City's management. Our responsibility is to express an opinion on these statements based on our audits. — We conducted our audits in accordance with generally accepted auditing standards. Those standards require that we plan and perform the audits to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audits provide a reasonable basis for our opinion. As more fully described in Note 2, the financial statements present only the Transportation Development Act Fund and are not intended to present fairly the financial position and the results of the operations of the City's total funds in conformity with generally accepted accounting principles. In our opinion, the financial statements referred to in the opening paragraph present fairly, in all material respects, the financial position of the Transportation Development Act Fund of the City as of June 30, 1998 and 1997, and the results of its operations and changes in the fund balance for the years then ended in conformity with generally accepted accounting principles. The accompanying supplemental information listed in the foregoing table of contents is not necessary for a fair presentation of the financial statements referred to in the opening paragraph, but is presented as additional analytical data. The supplemental information has been subjected to the tests and other auditing procedures applied in the audits of the 4 (M5, The CPA. Never Underes8mate The Value- ---Szgson S impson financial statements and, in our opinion, is fairly stated in all material respects in relation to the financial statements taken as a whole. This report is intended solely for the information and use of the City and the Los Angeles County Metropolitan Transportation Authority (LACMTA) and it should not be used for any other purpose. This restriction is not intended to limit the distribution of this report which, upon acceptance by the City and LACMTA is a matter of public record. 7 Los Angeles, California 5 CITY OF DIAMOND BAR TRANSPORTATION DEVELOPMENT ACT FUND BALANCE SHEET Pertaining to Section 99234 of the Public Utilities Code June 30 ASSETS Cash (Note 3) Total Assets LIABILITIES AND FUND BALANCE Liabilities Due to LACMTA (Note 6) Total Liabilities Fund Balance Restricted - Local Total Fund Balance Total Liabilities and Fund Balance 1998 1997 $ 29,258 $ 27,682 $ 29,258 $ 27,682 $ 16,308 $ 16,308 12,950 11,374 11,374 13 L7,/-30 '3 L /,00L The notes are an integral part of these financial statements. 6 CITY OF DIAMOND BAR TRANSPORTATION DEVELOPMENT ACT FUND STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL For the Fiscal Year Ended June 30, 1998 (With Comparative Totals for the Fiscal Year Ended June 30, 1997) 1998 Variance - Favorable (Un- 1997 Budget Actual favorable) Actual -- Revenues Intergovernmental Allocations: Article 3 $ 0 $ 0$ 0$ 0 Miscellaneous: Interest 0 1,576 1,576 1,418 Total Revenues 0 1,576 1,576 1,418 Expenditures Construction 0 0 0 0 Total Expenditures 0 0 0 0 Excess (Deficit) of Revenues Over Expenditures 0 1,576 1,576 1,418 Fund Balance at Beginning of Year 11,374 11,374 0 9,956 Fund Balance at End of Year $ 11,374 $ 12,950 $ 1,576 $ 11,374 The notes are an integral part of these financial statements. 7 CITY OF DIAMOND BAR TRANSPORTATION DEVELOPMENT ACT FUND NOTES TO FINANCIAL STATEMENTS For the Fiscal Years Ended June 30, 1998 and 1997 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Fund Accounting Section 99234 Funds of the Transportation Development Act are pooled with other City monies in the Special Revenue Fund. The Special Revenue Fund accounts for the City's share of the Transportation Development Act allocations which are legally restricted for - specific purposes. Basis ofAccounti g The Special Revenue Fund is accounted for by using the modified accrual basis of accounting whereby revenues are recognized when they become both measurable and available to finance expenditures of the current period and expenditures are generally recognized when the related fund liabilities are incurred. Budgets and Budgetary Accountin The budgeted amounts presented in this report for comparison to the actual amounts are presented in accordance with generally accepted accounting principles. - Comparative Data Comparative total data for the prior year are presented in the accompanying financial statements in order to provide an understanding of the changes in the Transportation Development Act Fund's financial position and its operations. NOTE 2 - ANNUAL FINANCIAL STATEMENTS The financial statements are intended to reflect the financial position, results of its operations and compliance with the Transportation Development Act for the Transportation Development Act Fund only. NOTE 3 - CASH AND INVESTMENTS - Cash is pooled with other City's funds to maximize investment opportunities and yields. Investment income resulting from this pooling is allocated to the respective funds These notes are an integral part of the preceding financial statements. L CITY OF DIAMOND BAR TRANSPORTATION DEVELOPMENT ACT FUND NOTES TO FINANCIAL STATEMENTS For the Fiscal Years Ended June 30, 1998 and 1997 (Continued) including the Transportation Development Act Fund, based upon their average monthly cash balances. NOTE 4 - TRANSPORTATION DEVELOPMENT ACT COMPLIANCE REQUIREMENTS In accordance with Section 99234, Article 3 of the Public Utilities Code, funds received - pursuant to this Code's section may only be used for facilities provided for the exclusive use by pedestrians and bicycles. NOTE 5 - TRANSPORTATION DEVELOPMENT ACT FUNDS RESERVED In accordance with TDA Article 3 (SB821) Guidelines, funds which will not be spent during the fiscal year have been placed on reserve in the reserve Local Transportation Fund (LTF) account with the County Auditor -Controller to be drawn down whenever the funds become eligible for a specific project and an approved draw down request is received by LACMTA. As of June 30, 1998, the City has funds of $65,106 on reserve as follows: 1995/96 Reserve $ 20,417 1996/97 Reserve 22,945 1997/98 Reserve 21,744 Available Reserve Balance @ 6/30/98 $ 65,106 However, $12,950 of TDA Article 3 funds that remained on hand with the City is in noncompliance with TDA Article 3 (SB821) Guidelines. NOTE 6 - DUE TO LACMTA In accordance with TDA Article 3 (SB821) Guidelines, all excess regional funds, including accumulated interest earned on the excess funds, from completed projects must be returned to LACMTA. As of June 30, 1998, the unexpended regional allocations in the amount of $16,308 from the completed Sidewalk/Bikeway project were recorded as due to LACMTA. These notes are an integral part of the preceding financial statements. E SUPPLEMENTAL INFORMATION 10 CITY OF DIAMOND BAR TRANSPORTATION DEVELOPMENT ACT FUND SCHEDULE OF TRANSPORTATION DEVELOPMENT ACT ALLOCATION FOR SPECIFIC PROJECTS For the Fiscal Year Ended June 30, 1998 - Totals to Date Program Unexpended Project Project Description Year Allocations Expenditures Allocations Status Regional Allocations Sidewalk/Bikeway 1991-92 $ 98,000 $ 81,692 $ 16,308 Closed Local Allocations None 0 0 0 Totals $ 98,000 $ 81,692 16,308 Excess Regional Funds to be Returned to LACMTA (Note 6) (16,308) Unexpended Interest Accumulated to Date 12,950 Fund Balance @ 6/30/98 $ 12,950 * See Schedule of Finding(s). 11 CITY OF DIAMOND BAR TRANSPORTATION DEVELOPMENT ACT FUND SCHEDULE OF COMPLETED PROJECTS For the Fiscal Year Ended June 30, 1998 Project Description None Interest Applied Totals 12 Totals Allocations Expenditures $ 0 $ 0 0 0 $ 0 $ 0 COMPLIANCE SECTION 13 sZ7te0n S inywn CERTIFIED PUSLIC ACCOUNTANTS S 3800 WILSHIRE BOULEVARD, SURE 1710 LOS ANGELES, CALIFORNIA ON10 TELEPHONE (213) 736MM FAX (213) 73"01 REPORT ON TRANSPORTATION DEVELOPMENT ACT COMPLIANCE December 4, 1998 To the Honorable Members of the City Council of the City of Diamond Bar, California and the Los Angeles County Metropolitan Transportation Authority - We have audited the balance sheet and statement of revenues, expenditures, and changes in fund balance of the Transportation Development Act Fund of the City of Diamond Bar _ (City) for the years ended June 30, 1998 and 1997, and have issued our report thereon dated December 4, 1998. Our audits were made in accordance with generally accepted auditing standards and were further made to determine compliance with the Transportation Development Act (TDA); including Section 99234; the rules and regulations of the Los Angeles County Metropolitan Transportation Authority (LACMTA); the 16 tasks contained in the "Guidelines on Auditing for Conformance," published by LACMTA; and accordingly, included such tests of the accounting records and such other auditing procedures as we considered necessary in the circumstances. Among the items considered were determination of eligibility of the City to receive funds - allocated to it, and propriety of expenditures in accordance with TDA and LACMTA regulations. In our opinion, our evaluation of compliance factors disclosed that the funds allocated to the City under TDA were accounted for and expended in conformance with TDA and _ LACMTA rules and regulations, except as explained in the Schedule of Finding(s) on the following page. This report is intended solely for the use of the City and LACMTA and should not be used for any other purpose. This restriction is not intended to limit the distribution of this report which, upon acceptance by the City and LACMTA is a matter of public record. Los Angeles, California 14 COW -0 The CPA. Never Wnderesttmate The Value- CITY OF DIAMOND BAR TRANSPORTATION DEVELOPMENT ACT FUND SCHEDULE OF FINDING(S) For the Year Ended June 30, 1998 No. Noncompliance City Management Comments 1. According to the Public Utilities Code The City of Diamond Bar was unaware that (PUC), Section 99234 and LACMTA all funds including interest earned must be Guidelines, a jurisdiction may draw down used during the fiscal year. The City is only the funds estimated to be used during awaiting final development and approval of the fiscal year for specific bicycle and a qualified project in which to use the pedestrian projects. Remaining funds remaining interest and funds which have must be placed on reserve in the reserve been reserved. TDA Article 3 account with the County Auditor -Controller and may be transferred The City will be sure to comply with the to the jurisdictions whenever they become use of TDA Article 3 funds and interest in eligible and an approved draw -down the future. request is received at LACMTA. As of June 30, 1998, we noted that the City had excess funds of accumulated interest earned in the amount of $12,950. We recommended that the jurisdiction comply with the PUC Section 99234 which requires the return of any unexpended funds to LACMTA to be placed in the reserve Local Transportation Fund (LTF) account with the County Auditor -Controller. 15 CITY OF DIAMOND BAR TRANSPORTATION DEVELOPMENT ACT FUND EXIT CONFERENCE June 30, 1998 An exit conference was held on December 4, 1998, at the City of Diamond Bar. Those in attendance were: Simpson & Simpson Representative. Irella Ruiz, Auditor City's Representative.- Joann epresentative.Joann Gitmed, Senior Accountant Matters Discussed. Results of the audit disclosed a noncompliance issue related to the Public Utilities Code (PUC), Section 99234 and LACMTA guidelines. The management of the City concurred with our finding but disagreed with our recommendation that the unexpended funds be returned to LACMTA to be placed on reserve. The disagreement is due to the City's intention of expending excess funds in the future. 16 MEMORANDUM TO: James DeStefano, Deputy City Manager FROM: Dennis A. Tarango, Building Official DATE: May 25, 1999 SUBJECT: 4'' Budget Adjustment Request for Building and Safety Revenue for Fiscal Year 1998-1999 Upon reviewing the permit and plan check activities based upon project in progress and as a result of permit activities in the area of New Commercial Building Tenant Improvement i.e. Lot 2 and 22, the city Building and Safety permit and plan check revenues will exceed by $75,000.00 for the remainder of the fiscal year 1998-1999 and expenditures of $45,000.00. The Building and Safety Division estimated account breakdown for the adjusted budget for the fiscal year 1998- 1999 as follows: Projection broken down as follows: Projection Building Permit fees 609,200.00 Plan Check Fees 405,200.00 Electrical Fees 69,000.00 Plumbing Fees 45,200.00 Mechanical Fees 27, 800.00 Issuance 48,00000 Inspection Fees 11,050.00 Total Projection 1,215,450.00 Should you have any question regarding this matter, please contact me. CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO.- 1 f TO: Honorable Mayor and Members of the City Council MEETING DATE: June 15, 1999 REPORT DATE: June 8, 1999 FROM: Terrence L. Belanger, City Manager TITLE: Landscaping Assessment District Number 38. SUMMARY: The City Council at the May 18, 1999 meeting approved the Engineer's Report and adopted Resolution No. 99-33 to declare the City's intention to levy and collect assessments for District No. 38. The City Council also set June 15, 1999 as the public hearing date on the levy of the proposed assessments on assessable lots within this District for Fiscal Year 1999-00. The assessment for Fiscal Year 1999-00 is proposed to remain at $15.00 per parcel. RECOMMENDATION: It is recommended that the City Council adopt the attached Resolution to set the assessment for Fiscal Year 1999-00 for Landscaping Assessment District Number 38. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification X Resolution(s) _ Bid Specification (an 8b in civ clew,offm) _ Ordinances(s) 7 Other: Engineer's Report _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed Yes —No by the City Attorney? 2. Does the report require a majority 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 Report discussed with the following affected departments: REVIEWED BY: q1A,m_ Terr ce L. Belau City Manager Z��e vid . Liu Deputy Director of Public Works CITY COUNCIL REPORT AGENDA NO. MEETING DATE: June 15, 1999 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Landscaping Assessment District Number 38 ISSUE STATEMENT: The City Council at the May 18, 1999 meeting approved the Engineer's Report and adopted Resolution No. 99-33 to declare City's intention to levy and collect assessments for District No. 38. The Council also set June 15, 1999 as the public hearing date on the levy of the proposed assessments on assessable lots within said District for Fiscal Year 1999-00. RECOMMENDATION: It is recommended that the City Council adopt the attached Resolution to set the assessment for Fiscal Year 1999-00 for Landscaping Assessment District Number 38. FINANCIAL SUMMARY: The revenues generated by this District will finance the cost. There will be no impact on the City's General Funds. BACKGROUND/DISCUSSION: The landscaping improvements to be maintained by District 38 are the parkways along the northerly side of Grand Avenue (between Diamond Bar Boulevard and Summitridge Drive) and along the southerly side of Temple Avenue (between Diamond Bar Boulevard and Golden Springs Drive), and the medians throughout the City. This reflects a total maintenance area of 6.23 acres. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the city provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The estimated number of parcels within the District is 17,439 parcels. The amount assessed upon the lands within District No. 38 for Fiscal Year 1998-99 was $15.00 per parcel. The amount to be assessed for Fiscal Year 1999-00 is to remain at $15.00 per parcel. The proposed assessment is for the purpose of financing (1) operating/maintenance expenses including staff wages, and purchasing or leasing supplies, equipment or materials, and (2) Capital Improvement Projects. Landscaping Assessment District 38 June 15, 1999 Page 2 This proposed assessment has been determined to be exempt from the provisions of Proposition 218 as set forth in Section 5(a): Any assessment imposed exclusively to finance the capital costs or maintenance and operation expenses for sidewalks, streets, sewers, water, flood control drainage systems or vector control. Prepared By: David G. Liu RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR LEVYING AN ASSESSMENT ON CITY OF DIAb1DND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 38 FOR THE FISCAL YEAR 1999-2000. A. RECITALS. (i) By its Resolution No. 99-33, this Council approved a report of the City Engineer related to City of Diamond Bar Assessment District No. 38 prepared pursuant to California Streets and Highways Code Section 22623, described the improvements thereon and gave notice of and fixed the time and place of the hearing on the question of assessment thereon for fiscal year 1999-2000. A diagram of the area encompassed by said assessment district is attached hereto as Exhibit "A-1." (ii) Said hearing was duly and properly noticed, commenced at the South Coast Air Quality Management Auditorium, 21865 East Copley Drive, Diamond Bar, California on June 15, 1999, and was concluded prior to the adoption of this Resolution. (iii) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby find, determine and order as follows: 1. The Recitals, as set forth in Part A of this Resolution, are in all respects true and correct. 1 2. This Council hereby expressly overrules any and all protests filed objecting to the proposed improvements specified herein or the assessment levied therefor. 3. Based upon its review of the report of the City Engineer referred to hereinabove, and other reports and information, the City Council hereby finds that (i) the land within the said District will be benefitted by the improvements specified in said report, (ii) said District includes all of the lands so benefitted, and (iii) the net amount to be assessed upon the lands within said District for the 1999-2000 fiscal year, in accordance with said report, is apportioned by a formula and method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements 4. The improvements specified in the report hereinabove referred to which is on file with the City Clerk of the City of Diamond Bar are hereby ordered to be completed. 5. The assessment diagram contained in the report referred to hereinabove and the assessment of $15.00 for each assessable lot located within said District are hereby adopted and confirmed and said assessment hereby is levied for the 1999-2000 fiscal year. 6. The assessment is in compliance with the provisions of the Act, and the City Council has complied with all laws pertaining to the levy of an annual assessment pursuant to the Act. The assessment is levied for the purpose of paying the K costs and expenses of the improvements described in the report referred to hereinabove for fiscal year 1999-2000. 7. The City Treasurer shall deposit all moneys representing assessments collected by the County to the credit of a special fund for use in City of Diamond Bar Assessment District No. 38. 8. The City Clerk is hereby authorized and directed to file the diagram and assessment with the County Auditor, together with a certified copy of this Resolution upon its adoption. 9. A certified copy of the assessment and diagram shall be filed in the office of the City Clerk and open for public inspection. 10. The City Clerk shall certify to the adoption of this Resolution. ADOPTED AND APPROVED this day of , 1999. A 3 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 the regular meeting of the City Council of the City of Diamond Bar held on the day of , 1999, by the following Roll Call vote: 10 AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Lynda Burgess, City Clerk City of Diamond Bar 4 5 W W S h LL W 4� Y �7Ak 6 Go M < O u Z 0 w F. 0 c � p i; 3 xix m 'rw I Y/ CC Z w d w V.. 9 = �. W o O 06 � C < LL < ill" vsa aLUW " El � �ngQppg i V V Ir W ENGINEER'S REPORT Update of ASSESSMENT DISTRICT NO. 39 Fiscal Year 1999-00 CITY OF DIAMOND BAR Prepared by: GFB-FRIEDRICH & ASSOC., INC. 6529 Riverside Avenue, Suite 230 Riverside, CA 92506 TABLE OF CONTENTS Page INTRODUCTION 1 BOUNDARIES OF DISTRICT 2 IMPROVEMENTS 3 Landscaping FINANCIAL ANALYSIS 4 Revenue Appropriations METHOD OF APPORTIONMENT 6 ASSESSMENT 7 ASSESSMENT ROLL 8 EXHIBITS Exhibit "A-1" - Assessment Diagram Exhibit "B-1" - Improvement Map INTRODUCTION Pursuant to the order of the City Council of the City of Diamond Bar, this report is prepared in compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California. This report presents the engineering analysis for the 1999-00 Fiscal Year for the district known as: ASSESSMENT DISTRICT NO. 38 CITY OF DIAMOND BAR (Hereinafter referred to as "District"). This District, by special benefit assessments, provides funding for the maintenance of landscaped areas owned by the City of Diamond Bar which are located in public rights-of-way within the City of Diamond Bar. Section 22573, Landscaping and Lighting Act of 1972, requires assessments to be levied according to benefit rather than according to assessed value. The section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated special benefits to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000)) [of the Streets and Highways Code, State of California]." As the assessments are levied on the basis of benefit, they are considered a user's fee, not a tax, and, therefore, are not governed by Article XIIIA of the California Constitution. Properties owned by public agencies, such as a city, county, state or the federal government, are not assessable by law. BOUNDARIES OF DISTRICT The boundary of the District is completely within the City limits of the City of Diamond Bar and is shown on the Assessment Diagram (on file in the office of the City Clerk at the City Hall of Diamond Bar as Exhibit "A-1"). All parcels of real property included within the District are described in detail on maps on file in the Los Angeles County Assessor's office. 2 IMPROVEMENTS The facilities and items of servicing and maintenance included within the District are as follows: Servicing means the furnishing of water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including: 1. Repair, removal or replacement of all or any part of any landscape improvement. 2. Providing for the life, growth, health and beauty of landscaping, including without limitation, cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. The removal of trimmings, rubbish, debris and other solid waste. Improvements to be serviced and maintained include, but are not limited to, median island and parkway landscaping on major streets and thoroughfares in the City of Diamond Bar. Exhibit "B-1, " attached hereto, shows the location and extent of the landscaping improvements to be maintained by the proceeds from this assessment district. 3 FINANCIAL ANALYSIS The estimated funding for maintenance and servicing of landscaping for the update of Assessment District No. 38 for the 1999-00 Fiscal Year is as follows: 1999-00 Recommended Budget Revenue: Appropriation Fund Balance (from FY 1998-99) 529,917 Property Tax and Assessments 261,585 Interest Revenue 12.000 TOTAL $ 803,502 Personal Services Salaries $ 6,980 City Paid Benefits i00 Benefits 930 Worker's Compensation Expense 150 Medicare Expense 110 Cafeteria Benefits 1,100 Operating Expenses Advertising 700 Utilities 88,300 Maintenance -Grounds & Bldg 15,000 Professional Services 25,300 Contract Services 41,700 Capital Improvements ' 19,500 Transfer to CIP Fund " 352,500 Reserve for Future Capital Improvements 251.132 TOTAL $ 803,502 ` Includes replacement of irrigation controller clocks (4 @ $1,125/each) and planting median diamond flowers (5 places @ $3,000/each) Future capital improvements include the construction of landscaped medians in Golden Springs Drive between Lemon Avenue and Gona Court (estimated cost of construction and project administration is $400,000, with $47,500 of the cost borne by L.A. Fitness). This project is scheduled for construction beginning in FY 1999-00. (Continued - Next Page) 4 The City Council is currently considering the design and construction of other landscaped median/streetscape projects on major arterial streets throughout the City. A priority list of such projects will be developed. The funding for these projects will come, completely or in part, from the Reserve for Future Capital Improvements. Plans and specifications showing the general nature, location and extent of the proposed improvements are on file in the office of the City Clerk and available for public inspection. 5 METHOD OF APPORTIONMENT The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the improvements, namely the maintenance and servicing of public landscaping improvements within such District. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City of Diamond Bar provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The primary benefits of landscaping are as set forth below: 1. Beautification of the streets which are used by all of the residents in Diamond Bar. 2. A sense of community pride resulting from well-maintained green spaces. 3. The enhancement of the value of property which results from the foregoing benefits. Existing land use information indicates that well over 90 percent of the parcels within the City of Diamond Bar are residences. Because the special benefits derived apply equally to all residents and parcels, it has been determined that all assessable parcels would receive the same net assessment. 6 ASSESSMENT The amount to be assessed upon the lots and parcels within the District and the amount apportioned to each assessable parcel within the District is shown in the table below. Estimated Assessment Requirements: $ 261,585 Estimated Number of Parcels: 17,439 Estimated Assessment Per Parcel: $ 15.00 1998-99 Assessment Per Parcel: $ 15.00 1999-00 Assessment Per Parcel: $ 15.00 Difference: $ 0.00 7 ASSESSMENT ROLL The individual 1999-00 assessments, tabulated by Assessor's parcel number, are shown on an Assessment Roll on file in the Office of the City Clerk of the City of Diamond Bar as Exhibit "C" and are made a part of this report by reference. (The Assessment Roll is not included in this report due to its volume.) Dated: /�g 2 , 1999 0 Q�OFESSI GFB-FRIEDRICH & ASSOC., INC. pN �9� p.. FRI * NO. 27861 " \EXP. • * N A. FRIEDRIC J!9i CIVIL H 'o UP 1-A-,1 -" • `��.. s�-�'!e.'�`z � itis lt'.�4'►�' :� 'e�='?3 Law •'O".. r Jt gs�i'��iy.''�ow"'."s I � �'` t t.. =\ c 'a r�¢/�� �_ ."w�"�•s.� �'\.� �`�� - � ,d;�,,.-=rte -==I 'F�� ti.nn.anuMN.�.� ,: • ':,.,r.n.w '+: �•N=t �'� �'- 1. "4 �•� .:: � ,. '�:; •} _ meq: i i CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. (b TO: Honorable Mayor and Members of the City Council MEETING DATE: June 15, 1999 REPORT DATE:June 8, 1999 FROM: Terrence L. Belanger, City Manager TITLE: Landscaping Assessment District Number 39. SUMMARY: The City Council at the May 18, 1999 meeting approved the Engineer's Report and adopted Resolution No. 99-34 to declare the City's intention to levy and collect assessments for District No. 39. The City Council also set June 15, 1999 as the public hearing date on the levy of the proposed assessments on assessable lots within this District for Fiscal Year 1999-00. The assessment for Fiscal Year 1999-00 is proposed to remain at $130.00 per parcel. RECOMMENDATION: It is recommended that the City Council adopt the attached Resolution to set the assessment for Fiscal Year 1999-00 for Landscaping Assessment District Number 39. LIST OF ATTACHIVIENTS:.X Staff Report _ Public Hearing Notification X Resolution(s) _ Bid Specification (on s& is G►r ck&,. oasm) _ Ordinances(s) _X Other: Engi='s Report _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed X Yes —No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? N/A_ Yes _ No 4. Has the report been reviewed by a Commission? N/A _ Yes _ No Which Commission? 5. Are other departments affected by the report? N/A _Yes No Report discussed with the following affected departments: REVIEWED BY: T L.-Bii6nes DeStefano . Da d G. Liu City Manager ebul Deputy City Manager Deputy Director of Public Works CITY COUNCIL REPORT AGENDA NO. MEETING DATE: June 15, 1999 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Landscaping Assessment District Number 39 ISSUE STATEMENT: The City Council at the May 18, 1999 meeting approved the Engineer's Report and adopted Resolution No. 99-34 to declare City's intention to levy and collect assessments for District No. 39. The Council also set June 15, 1999 as the public hearing date on the levy of the proposed assessments on assessable lots within said District for Fiscal Year 1999-00. RECOMMENDATION: It is recommended that the City Council adopt the attached Resolution to set the assessment for Fiscal Year 1999-00 for Landscaping Assessment District Number 39. FINANCIAL SUMMARY: The revenues generated by this District will finance the cost. There will be no impact on the City's General Funds. BACKGROUND/DISCUSSION: The landscaping improvements to be maintained by District 39 are the mini parks, slopes, and open space areas. This reflects a total maintenance area of 60.45 acres. The maintenance and servicing of Public landscaping improvements installed and constructed in public places in the city provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The estimated number of parcels within the District is 1,269 parcels. The amount assessed upon the lands within District No. 39 for Fiscal Year 1998-99 was $130.00 per parcel. The amount to be assessed for Fiscal Year 1999-00 is to remain at $130.00 per parcel. This proposed assessment has been determined to be exempt from the provisions of Proposition 218 as set forth in Section 5(b): Any assessment imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment is initially imposed. Prepared By: David G. Liu RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 FOR THE FISCAL YEAR 1999-2000. A. RECITALS. (i) By its Resolution No. 99-34, this Council approved a report of the City Engineer related to City of Diamond Bar Landscaping Assessment District No. 39 prepared pursuant to California Streets and Highways Code Section 22623, described the improvements thereon and gave notice of and fixed the time and place of the hearing on the question of assessment thereon for fiscal year 1999-2000. A diagram of the area encompassed by said assessment district is attached hereto as Exhibit "A-2." (ii) Said hearing was duly and properly noticed, commenced at the South Coast Air Quality Management Auditorium, 21865 East Copley Drive, Diamond Bar, California on June 15, 1999, and was concluded prior to the adoption of this Resolution. (iii) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby find, determine and order as follows: 1. The Recitals, as set forth in Part A of this Resolution, are in all respects true and correct. 1 2. This Council hereby expressly overrules any and all protests filed objecting to the proposed improvements specified herein or the assessment levied therefor. 3. Based upon its review of the report of the City Engineer referred to hereinabove, and other reports and information, the City Council hereby finds that (i) the land within the said District will be benefitted by the improvements specified in said report, (ii) said District includes all of the lands so benefitted, and (iii) the net amount to be assessed upon the lands within said District for the 1999-2000 fiscal year, in accordance with said report, is apportioned by a formula and method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements 4. The improvements specified in the report hereinabove referred to which is on file with the City Clerk of the City of Diamond Bar are hereby ordered to be completed. 5. The assessment diagram contained in the report referred to hereinabove and the assessment of $130.00 for each assessable lot located within said District are hereby adopted and confirmed and said assessment hereby is levied for the 1999-2000 fiscal year. 6. The assessment is in compliance with the provisions of the Act, and the City Council has complied with all laws pertaining to the levy of an annual assessment pursuant to the Act. The assessment is levied for the purpose of paying the 2 costs and expenses of the improvements described in the report referred to hereinabove for fiscal year 1999-2000. 7. The City Treasurer shall deposit all moneys representing assessments collected by the County to the credit of a special fund for use in City of Diamond Bar Assessment District No. 39. 8. The City Clerk is hereby authorized and directed to file the diagram and assessment with the County Auditor, together with a certified copy of this Resolution upon its adoption. 9. A certified copy of the assessment and diagram shall be filed in the office of the City Clerk and open for public inspection. 10. The City Clerk shall certify to the adoption of this Resolution. ADOPTED AND APPROVED this day of , 1999. MAYOR 3 I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on the day of 1999, by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Lynda Burgess, City Clerk City of Diamond Bar 4 EXHIBIT RA -2" ASSESSMENT DIAGRAM ASSESSMENT DISTRICT N0.39 FISCAL YEAR 1999-00 for the CITY OF DIAMOND BAR TKF Cln 7 gWpD w KAO Isco moo SHEET 10F 1 SHEET NVMNR FON EACH LOT DK PAKCEL .— THE ASSESSOR'S PARCEL NUMBER AS ASSIGNED -Y lnf (ANGELES ASSESSOR'5 OFFICE INIENSHORIt —H OH�HL A48. K -Al— MAPS OI FILf IN NE LOS ANGELES COUNTY ASSESSOR ,EM THE CITY CLERK OF THE CITY OF OA.-- LOS ANGELES. STATE OF CALIFORNIA, THIS 8_ CITY CLERK OF TME CITY OF DIAMOND BAR ICE OF THE COUNTY AUDI—, COUNTY DOF LOS AY Of Of CAL—NIA. THIS CITY CLERK OF THE CrtY OF EHAMDND BAR GFB-FRIEDRICH & ASSOC., INC. ENGINEER'S REPORT Update of ASSESSMENT DISTRICT NO. 39 Fiscal Year 1999-00 CITY OF DIAMOND BAR Prepared by: GFB-FRIEDRICH & ASSOC., INC. 6529 Riverside Avenue, Suite 230 Riverside, CA 92506 TABLE OF CONTENTS INTRODUCTION BOUNDARIES OF DISTRICT IMPROVEMENTS Landscaping FINANCIAL ANALYSIS Revenue Appropriations METHOD OF APPORTIONMENT ASSESSMENT ASSESSMENT ROLL EXHIBITS Exhibit "A-2" - Assessment Diagram Exhibit "B-2" - Improvement Map Rage 1 2 3 4 5 6 7 INTRODUCTION Pursuant to the order of the City Council of the City of Diamond Bar, this report is prepared in compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California. This report presents the engineering analysis for the 1999-00 Fiscal Year for the district known as: ASSESSMENT DISTRICT NO. 39 CITY OF DIAMOND BAR (Hereinafter referred to as "District"). This District, by special benefit assessments, provides funding for the maintenance of landscaped areas owned by the City of Diamond Bar which are located in public rights-of-way within the City of Diamond Bar. Section 22573, Landscaping and Lighting Act of 1972, requires assessments to be levied according to benefit rather than according to assessed value. The section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated special benefits to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000)) [of the Streets and Highways Code, State of California] . " As the assessments are levied on the basis of benefit, they are considered a user's fee, not a tax, and, therefore, are not governed by Article XIIIA of the California Constitution. Properties owned by public agencies, such as a city, county, state or the federal government, are not assessable by law. BOUNDARIES OF DISTRICT The boundary of the District is shown on the Assessment Diagram (on file in the office of the City Clerk at the City Hall of Diamond Bar as Exhibit "A-2"). All parcels of real property included within the District are described in detail on maps on file in the Los Angeles County Assessor's office. IPA IMPROVEMENTS The facilities and items of servicing and maintenance included within the District are as follows: Servicing means the furnishing of water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including: 1. Repair, removal or replacement of all or any part of any landscape improvement. 2. Providing for the life, growth, health and beauty of landscaping, including without limitation, cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. The removal of trimmings, rubbish, debris and other solid waste. The purpose of Assessment District No. 39 is for the maintenance and servicing of mini -parks, slopes and open spaces within the District. Exhibit "B-2, " attached hereto, shows the location and extent of the landscaping improvements to be maintained by the proceeds from this assessment district. FINANCIAL ANALYSIS The estimated funding for maintenance and servicing of landscaping for the update of Assessment District No. 39 for the 1999-00 Fiscal Year is as follows: ... M-orio-i. • .� Reserve Fund Balance (from FY 1998-99) $ 155,681 Property Tax and Assessments 164,970 Interest Revenue 6•000 TOTAL $ 326,651 Personal Services Salaries $ 6,980 City Paid Benefits 100 Benefits 930 Worker's Compensation Expense 150 Medicare Expense 110 Cafeteria Benefits 1,100 Operating Expenses Advertising 700 Utilities 59,200 Maintenance -Grounds & Bldg. 15,000 Professional Services 6,200 Contract Services 47,900 Capital Improvements ` 4,500 Reserve for Future Capital Improvements 183.781 TOTAL $ 326,651 Replace irrigation controller clocks (4 @ $1,125/each) Plans and specifications showing the general nature, location and extent of the proposed improvements are on file in the office of the City Clerk and available for public inspection. 4 METHOD OF APPORTIONMENT The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the improvements, namely the maintenance and servicing of public landscaping improvements within such District. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City of Diamond Bar provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The primary benefits of landscaping are as set forth below: Beautification of the streets which are used by all of the residents in Diamond Bar. 2. Public parks which can be utilized and enjoyed by all residents within the District. A sense of community pride resulting from well-maintained green spaces. 4. The enhancement of the value of property which results from the foregoing benefits. Existing land use information indicates that all of the parcels within the District are residences. Because the special benefits derived apply equally to all residents and parcels, it has been determined that all assessable parcels would receive the same net assessment. 5 ASSESSMENT The amount to be assessed upon the lots and parcels within the District and the amount apportioned to each assessable parcel within the District is shown in the table below. Estimated Assessment Requirements: Estimated Number of Parcels: Estimated Assessment Per Parcel: 1998-99 Assessment Per Parcel: 1999-00 Assessment Per Parcel: Difference: R $164,970 1,269 $ 130.00 $ 130.00 $ 130.00 $ 0.00 ASSESSMENT ROLL The individual 1999-00 assessments, tabulated by Assessor's parcel number, are shown on an Assessment Roll on file in the Office of the City Clerk of the City of Diamond Bar as Exhibit "C" and are made a part of this report by reference. (The Assessment Roll is not included in this report due to its volume.) Dated: 1999 fR/FQq -"'q� \ GFB-FRIEDRICH & ASSOC., INC. Fy C� 2 y m NO. 27861 EXP CIVIL' �OFCALIF\P N A. FRIEDRIC 7 EXHIBIT "A-2" ASSESSMENT DIAGRAM ASSESSMENT DISTRICT N0.39 FISCAL YEAR 1999-00 for the CITY OF DIAMOND BAR `EAP YAP CDUN RE sA TFE cm a GALEEIDR SHEET 1 OF I SHEET R FOB EACH LOT OR PARCEL WITHIN :ESSOR'S FUM NIIM S ASSIGNED SY THE ELASSESSORS OFFS SE.B LRICNS FOR EACH LOT OR PARCEL OF LAND WITHIN OWN ON THE ASSESSOR'S PARCEL MARS ON NLE IN DS ANGELES COUNTY ASSESSOR. THE CITY CLERK OF THE CITY OF DIAMOND ANGELES. STATE OF CALIFORNIA. THIS _, 19_. CITY CLERK OF THE CITY OF DIAMOND BAR F THE COUNTY AUDITOR. COUNTY OF LOS LFORNIA, THIS DAY OF 19 GFB•FRIEDRICH & ASSOC., INC. • !'.''\11111 to UMEW • r••�` air i rte, = • - - �, j WAIN �•y� �� moi: yi�'''' `��i is ��+�"_� _ = O��♦• 1 IIt)' � �� ♦ ♦ .6c !�� dry y�, �' OOH/ii a'O•� aO4a:r WWII 1II,�IyY\� - Alal �Y��IIE �� +V'.1.. •rr I atteissssssb; a�..��ao````\�\�p�`� O•in.I���=�� � � '1 �•d� .ems �� "�♦�.y�� ca / ♦ t _ �ii!La i� SLI. � ♦� ___� _ _ - •a � CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. '7. -J-LC--J TO: Honorable Mayor and Members of the City Council MEETING DATE: June 15, 1999 REPORT DATE:June 8, 1999 FROM: Terrence L. Belanger, City Manager TITLE: Landscaping Assessment District Number 41. SUMMARY: The City Council at the May 18, 1999 meeting approved the Engineer's Report and adopted Resolution No. 99-35 to declare the City's intention to levy and collect assessments for District No. 41. The City Council also set June 15, 1999 as the public hearing date on the levy of the proposed assessments on assessable lots within this District for Fiscal Year 1999-00. The assessment for Fiscal Year 1999-00 is proposed to remain at $220.50 per parcel. RECOMMENDATION: It is recommended that the City Council adopt the attached Resolution to set the assessment for Fiscal Year 1999-00 for Landscaping Assessment District Number 41. LIST OF ATTACHMENTS: _X Staff Report _ Public Hearing Notification X Resolution(s) _ Bid Specification (m 6& in cay clWo oam) _ Ordinances(s) X Other: Engineer's RMA _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed X Yes _No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? N/A _ Yes —No 4. Has the report been reviewed by a Commission? N/A _ Yes No Which Commission? 5. Are other departments affected by the report? N/A Yes No Report discussed with the following affected departments: REVIEWED Y: Terrence L. Belan r J61es DeStefano G. Liu City Manager Deputy City Mana er Deputy Director of Public Works CITY COUNCIL REPORT AGENDA NO. MEETING DATE: June 15, 1999 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Landscaping Assessment District Number 41 ISSUE STATEMENT: The City Council at the May 18, 1999 meeting approved the Engineer's Report and adopted Resolution No. 99-35 to declare City's intention to levy and collect assessments for District No. 41. The Council also set June 15, 1999 as the public hearing date on the levy of the proposed assessments on assessable lots within said District for Fiscal Year 1999-00. RECOMMENDATION: It is recommended that the City Council adopt the attached Resolution to set the assessment for Fiscal Year 1999-00 for Landscaping Assessment District Number 41. FINANCIAL SUMMARY: The revenues generated by this District will finance the cost. There will be no impact on the City's General Funds. BACKGROUND/DISCUSSION: The landscaping improvements to be maintained by District 41 are the slopes, and open space areas. This reflects a total maintenance area of 15.5 acres. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the city provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The estimated n mdw of parcels within the District is 554 parcels. The amount assessed upon the lands within District No. 41 for Fiscal Year 1999-99 was $220.50 per parcel. The amount to be assessed for Fiscal Year 1999-00 is to remain at $220.50 per parcel. This proposed assessment has been determined to be exempt from the provisions of Proposition 218 as set forth in Section 5(b): Any assessment imposed meant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment is initially imposed. Prepared By: David G. Liu RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 41 FOR THE FISCAL YEAR 1999-2000. A. RECITALS. (i) By its Resolution No. 99-35, this Council approved a report of the City Engineer related to City of Diamond Bar Landscaping Assessment District No. 41 prepared pursuant to California Streets and Highways Code Section 22623, described the improvements thereon and gave notice of and fixed the time and place of the hearing on the question of assessment thereon for fiscal year 1999-2000. A diagram of the area encompassed by said assessment district is attached hereto as Exhibit "A-3." (ii) Said hearing was duly and properly noticed, commenced at the South Coast Air Quality Management Auditorium, 21865 East Copley Drive, Diamond Bar, California on June 15, 1999, and was concluded prior to the adoption of this Resolution. (iii) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby find, determine and order as follows: 1. The Recitals, as set forth in Part A of this Resolution, are in all respects true and correct. 2. This Council hereby expressly overrules any and all protests filed objecting to the proposed improvements specified herein or the assessment levied therefor. I 3. Based upon its review of the report of the City Engineer referred to hereinabove, and other reports and information, the City Council hereby finds that (i) the land within the said District will be benefitted by the improvements specified in said report, (ii) said District includes all of the lands so benefitted, and (iii) the net amount to be assessed upon the lands within said District for the 1999-2000 fiscal year, in accordance with said report, is apportioned by a formula and method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements 4. The improvements specified in the report hereinabove referred to which is on file with the City Clerk of the City of Diamond Bar are hereby ordered to be completed. 5. The assessment diagram contained in the report referred to hereinabove and the assessment of $220.50 for each assessable lot located within said District are hereby adopted and confirmed and said assessment hereby is levied for the 1999-2000 fiscal year. 6. The assessment is in compliance with the provisions of the Act, and the City Council has complied with all laws pertaining to the levy of an annual assessment pursuant to the Act. The assessment is levied for the purpose of paying the costs and expenses of the improvements described in the report referred to hereinabove for fiscal year 1999-2000. 2 costs and expenses of the improvements described in the report referred to hereinabove for fiscal year 1999-2000. 7. The City Treasurer shall deposit all moneys representing assessments collected by the County to the credit of a special fund for use in City of Diamond Bar Assessment District No. 41. 8. The City Clerk is hereby authorized and directed to file the diagram and assessment with the County Auditor, together with a certified copy of this Resolution upon its adoption. 9. A certified copy of the assessment and diagram shall be filed in the office of the City Clerk and open for public inspection. 10. The City Clerk shall certify to the adoption of this Resolution. ADOPTED AND APPROVED this day of MAYOR 1999. I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on the day of , 1999, by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Lynda Burgess, City Clerk City of Diamond Bar SHEET 1 OF I SHEET EXHIBIT "A-3" ASSESSMENT DIAGRAM ASSESSMENT DISTRICT N0.41 FISCAL YEAR 1999- 00 for the CITY OF DIAMOND BAR .. �..._..` ASSIRS AS ARASSISSISSAARr NIS r� s' Ir Ir IE i $OR �I IS 1 -ISSIftA, t FILED IN THE OFFICE OF THE CITY CLERK F AL CITY A. THIS BAR. COl1NTY OF LOS ANGELES. STATE OF CALIFORWA. THIS S DAY OF IP_. - \JS CITY CLERK OF THE CITY OF DAM BAP FILED W THE OFFICE OF THE COUNTY AUDITOR, C"TY OF LOS ANGELES. STATE OF CALSFORNIA. TIRS DAY OF 19. CITY CLERK OF THE CITY OF DIAMOND BAP ASSESSMENT IALAISEA iOR SAC' LOT W PARCEL W DISTRICT IS THE ASSESSOR'S PAIICELHUMSEA AS ASS.HE. A THE COUNTY OF LOS ANGELES ASSERSOITS OFFICE. nE UAIES AND ORRORNINS FOREACH LOT DR PARCEL OF IAW WIT— y^ ME SHDWN OH TIES ASSESSOR'5 RMKEL MAPS OMFRE IN OEf OFFICE OF THE 1. ANGELES COOHEY' A66E 1. Hu,E Lur cawrtna CF&FRIEDRICH THE DRY ar pE,lpp Yll &ASSOC., INC. 5 SHEET 10F 1 SHEET EXHIBIT "B-3" ASSESSMENT DISTRICT N0.41 FISCAL YEAR 1999-00 for the CITY OF DIAMOND BAR �JLi 001) 11 i Ir • II • LYJIE.r.300 . 1 o4 • LEGEND ASSESSMENT DISTRICT BOUNDARY BRUSH IM AGIaEa SLOPES NEO• A S TURF n.aoo ar. I lye f TME, c "a"01"TE^ °f AFB�-FRIEDRICH cm aN paYOID•alI &ASI SOC. TNC. 6 ENGINEER'S REPORT Update of ASSESSMENT DISTRICT NO. 41 Fiscal Year 1999-00 CITY OF DIAMOND BAR Prepared by: GFB-FRIEDRICH & ASSOC., INC. 6529 Riverside Avenue, Suite 230 Riverside, CA 92506 TABLE OF CONTENTS INTRODUCTION BOUNDARIES OF DISTRICT IMPROVEMENTS Landscaping FINANCIAL ANALYSIS Revenue Appropriations METHOD OF APPORTIONMENT ASSESSMENT ASSESSMENT ROLL EXHIBITS Exhibit "A-3" - Assessment Diagram Exhibit "B-3" - Improvement Map Page 1 2 3 4 5 6 7 INTRODUCTION Pursuant to the order of the City Council of the City of Diamond Bar, this report is prepared in compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California. This report presents the engineering analysis for the 1999-00 Fiscal Year for the district known as: ASSESSMENT DISTRICT NO. 41 CITY OF DIAMOND BAR (Hereinafter referred to as "District") This District, by special benefit assessments, provides funding for the maintenance of landscaped areas owned by the City of Diamond Bar which are located in public rights-of-way within the City of Diamond Bar. Section 22573, Landscaping and Lighting Act of 1972, requires assessments to be levied according to benefit rather than according to assessed value. The section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated special benefits to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000)) [of the Streets and Highways Code, State of California] . " As the assessments are levied on the basis of benefit, they are considered a user's fee, not a tax, and, therefore, are not governed by Article XIIIA of the California Constitution. Properties owned by public agencies, such as a city, county, state or the federal government, are not assessable by law. BOUNDARIES OF DISTRICT The boundary of the District is shown on the Assessment Diagram (on file in the office of the City Clerk at the City Hall of Diamond Bar as Exhibit "A -Y). All parcels of real property included within the District are described in detail on maps on file in the Los Angeles County Assessor's office. Ea IMPROVEMENTS The facilities and items of servicing and maintenance included within the District are as follows: Servicing means the furnishing of water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including: 1. Repair, removal or replacement of all or any part of any landscape improvement. 2. Providing for the life, growth, health and beauty of landscaping, including without limitation, cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. 3. The removal of trimmings, rubbish, debris and other solid waste. The purpose of Assessment District No. 41 is for the maintenance and servicing of mini -parks, slopes and open spaces within the District. Exhibit "B-3," attached hereto, shows the location and extent of the landscaping improvements to be maintained by the proceeds from this assessment district. 3 FINANCIAL ANALYSIS The estimated funding for maintenance and servicing of landscaping for the update of Assessment District No. 41 for the 1999-00 Fiscal Year is as follows: 1999-00 Recommended Budget Revenue: Appropriation Fund Balance (from FY 1998-99) $ 279,615 Property Tax and Assessments 122,157 Interest Revenue 12.000 TOTAL $ 413,772 Personal Services Salaries $ 6,980 City Paid Benefits 100 Benefits 930 Worker's Compensation Expense 150 Medicare Expense 110 Cafeteria Benefits 1,100 Operating Expenses Advertising 700 Utilities 64,600 Maintenance -Grounds & Bldg 10,000 Professional Services 7,340 Contract Services Contract Services 24,600 Weed/Pest Abatement 15,000 Capital Improvements ' 18,500 Reserve for Future Capital Improvements 263.662 TOTAL $ 413,772 ' Includes replace irrigation controller clocks (4 @ $1,125/each) and tree planting (1,000 each 1 -gal and 5 -gal trees) on open space slopes ($14,000) Plans and specifications showing the general nature, location and extent of the proposed improvements are on file in the office of the City Clerk and available for public inspection. 4 METHOD OF APPORTIONMENT The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the improvements, namely the maintenance and servicing of public landscaping improvements within such District. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City of Diamond Bar provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The primary benefits of landscaping are as set forth below: Beautification of the streets which are used by all of the residents in Diamond Bar. 2. Public parks which can be utilized and enjoyed by all residents within the District. 3. A sense of community pride resulting from well-maintained green spaces. 4. The enhancement of the value of property which results from the foregoing benefits. Existing land use information indicates that all of the parcels within the District are residences. Because the special benefits derived apply equally to all residents and parcels, it has been determined that all assessable parcels would receive the same net assessment. F ASSESSMENT The amount to be assessed upon the lots and parcels within the District and the amount apportioned to each assessable parcel within the District is shown in the table below. Estimated Assessment Requirements: $122,157 Estimated Number of Parcels: 554 Estimated Assessment Per Parcel: $ 220.50 1998-99 Assessment Per Parcel: $ 220.50 1999-00 Assessment Per Parcel: $ 220.50 Difference: CI ASSESSMENT ROLL The individual 1999-00 assessments, tabulated by Assessor's parcel number, are shown on an Assessment Roll on file in the Office of the City Clerk of the City of Diamond Bar as Exhibit "C" and are made a part of this report by reference. (The Assessment Roll is not included in this report due to its volume.) Dated: 2 , 1999 pEESSlGFB-FRIEDRICH & ASSOC., INC. �O Q�pygl O� P FRlFo�Z z . C� T � z NO. 27861 EXP N A. F ED C CIVIL OF rWu 7 SHEET 1 OF 1 SHEET EXHIBIT "A-3" ASSESSMENT DIAGRAM ASSESSMENT DISTRICT N0.41 FISCAL YEAR 1999- 00 for the CITY OF DIAMOND BAR �.�--�J LJ ,r 0 . 1 ' EI B . I FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF DIAMOND BAP, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, THIS • OAY OF 19_ • pt � CITY CLERK OF THE d CITY OF DIAMOND BAR E FILED IN THE OFFICE OF THE -L-1 AUDITDR, CWNTY OF LOS ANGELES. STATE OF CALIFORNIA, THIS DAY OF T9_ CITY CLERK OF THE CITY OF DIAMOND BAR THE ASSESSMENT IRIMBER FOR EACH LOT OR PARCEL WITNN THE 1TIICT M THE ASSESSOR'S PARCEL HUMBER AS ASSIONFO BY THE COUNTY OF LOS ANGELES ASSESSOR'S OFRCE. HE LNEB AND D RS,ONS FOR EACH LOT OA FARCEL OF LANG -THIN O THE DISTRICT ARE SHOWN ON THE A-1-1 MAPS ONFlLE IN h THE OFFICE OF THE LOS ANOELEB COUNTY ASSESS01. -am THE CIIMF Miw euI GFB-FRIEDRIC INC. Too soo 9w Imo SHEET I OF I SHEET EXHIBIT "B-3" ASSESSMENT DISTRICT N0.41 FISCAL YEAR 1999-00 for the CITY OF DIAMOND BAR _ LJ .Wz • .:: is 1 • . p i • d • LEGEND ASSESSMENT DISTRICT BOUNDARY BRUSH 0.00 CCAS. SLOPES 120. CCAEB TURF I7.6 9F. •NSE MCP COIRfESY D< TnE cm a awwoew GFB.FRIEDRICH & ASSOC. INC. >� cao MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL FROM: TERRENCE L. BELANGER, CITY MANAGER IV6 RE: BUDGET ITEMS FOR APPROVAL DATE: JUNE 15, 1999 RECOMMENDATION: It is recommended that the City Council consider and decide upon the following 1) employee cafeteria benefit amount(s) be increased by $30/month, 2) the PERS contract be amended to provide for a 2% @ 55 retirement, 3) a dedicated LASO sergeant be contracted for with the LASO; and, 4) an additional special assignment deputy be contracted for with the LASO. DISCUSSION: The City Council directed the Finance Sub -Committee to review, consider and recommend the items contained on the list of Budget Discussion Items — FY 1999-2000 (attached). The Committee has met and unanimously recommends all the budget items; except, the cafeteria benefit increase ($12,000), the 2% @ 55 retirement system ($40,000), the dedicated LASO sergeant ($119,483) and the additional LASO special assignment deputy ($147,490). The Committee was split on each of the first three items. Both Committee members were not prepared to recommend the additional special assignment deputy. Therefore, the related costs of these four budget items have not been included in the amended proposed FY 1999-2000 Municipal Budget. The Council is being asked to consider each of these four items and decide on whether they should be included in the FY 1999-2000 Budget. The Sheriff s Department has provided additional information related to the special assignment deputy, for the Council's information (attached). BUDGET DISCUSSION ITEMS FY 1999-2000 DUE TO TIME CONSTRAINTS, EACH ITEM'S DISCUSSION TIME SHOULD BE LIMITED TO FIVE (5) MINUTES. - CHAMBER OF COMMERCE CONTRACT PROPOSAL - $36,000 - COMMUNITY ORGANIZATION SUPPORT FUND - $20,000 - PANTERA PARK BALL FIELD LIGHTS DESIGN- $20,000 - EMPLOYEE SALARY ADJUSTMENT - 2% - EMPLOYEE CAFETERIA BENEFITS ADJUSTMENT - $12,000 - COMMUNITY/CIVIC CENTER PROJECT - $500,000 - LOS ANGELES COUNTY SHERIFF - DEDICATED SERGEANT - $119,483 - SPECIAL ASSIGNMENT DEPUTY - $147,490 - TRAILS MASTER PLAN - $50,000 - RECORDS IMAGING SYSTEM - $50,000 - RECREATION REGISTRATION SYSTEM - $40,000 - TRES HERMANOS CONSERVATION AUTHORITY - $50,000 - ZONING CHANGES - $305000 - HOUSING ELEMENT UPDATE - $25,000 PERSONNEL CHANGES: - PUBLIC WORKS SUPERVISOR - $72,000 - ENGINERING INTERN -$6,550 - ASSOCIATE ENGINEER- $3,000 - COMMUNITY SERVICES COORDINATOR -$11,600 - CODE ENFORCEMENT OFFICER/PART-TIME - $30,000 - MISCELLANEOUS SALARY ADJUSTMENTS CAPITAL IMPROVEMENT PROGRAM COUNTY OF LOS ANGELES SHERIFF'S DEPARTMENT OFFICE CORRESPONDENCE FROM: Richard J. Martinez, Captai TO: Terry Belanger, City Manager Walnut Regional StationV � City of Diamond Bar SUBJECT: Additions to Upcoming Contract We would like to suggest the following additions to the Diamond Bar contract with the Los Angeles County Sheriff Department for the upcoming year. It is our recommendation that a "dedicated sergeant " position be added to the contract. This would enable a sergeant to dedicate his or her entire duty to the needs of the city. Currently, the position of a " Team Sergeant " is a collateral duty of a station field sergeant. With a dedicated sergeant (classified as a " supplemental sergeant" ), the city of Diamond Bar would receive a sergeant who would be able to adjust his or her schedule whenever need to attend all necessary meetings and city functions. Also, with a dedicated sergeant, there is an increased liaison with the City Manager and the City Council. The supervision over the deputies assigned to the City of Diamond Bar would also be increased. The team sergeant would be able to adjust his or her schedule to deal with any specific problems in personnel. Our second recommendation would be the contracting of a third special assignment deputy. Currently, the city contracts for a two man special assignment car ( 292D ). The number of arrests and citizen contacts is outstanding. They handle special problems around the city which can range from drug dealers to wanted suspects to code violations. With an additional deputy assigned to that car, we would be able to run the car seven days per week, or have all three deputies work together on certain problems as needed. Presently, the special assignment deputies ( 292D ) are planning a " High Impact " project modeled after the current COPS programs taking place in unincorporated areas of the county. This involves taking surveys of a specific area to determine the problems and concerns within that area. They then work those problems ( along with their normal work load) for several months. After that, they move to a different target area and start all over again. They continue to maintain each of the targeted areas they had previously worked. The addition of a third deputy to this " Special Assignment Team " would greatly enhance their ability to serve the citizens of Diamond Bar. Additionally, this additional deputy could be initially added on as a" Growth Deputy" as was done previously. P.l S DATE: June 01, 1 99 FROM: Richard J. Martinez, Captai TO: Terry Belanger, City Manager Walnut Regional StationV � City of Diamond Bar SUBJECT: Additions to Upcoming Contract We would like to suggest the following additions to the Diamond Bar contract with the Los Angeles County Sheriff Department for the upcoming year. It is our recommendation that a "dedicated sergeant " position be added to the contract. This would enable a sergeant to dedicate his or her entire duty to the needs of the city. Currently, the position of a " Team Sergeant " is a collateral duty of a station field sergeant. With a dedicated sergeant (classified as a " supplemental sergeant" ), the city of Diamond Bar would receive a sergeant who would be able to adjust his or her schedule whenever need to attend all necessary meetings and city functions. Also, with a dedicated sergeant, there is an increased liaison with the City Manager and the City Council. The supervision over the deputies assigned to the City of Diamond Bar would also be increased. The team sergeant would be able to adjust his or her schedule to deal with any specific problems in personnel. Our second recommendation would be the contracting of a third special assignment deputy. Currently, the city contracts for a two man special assignment car ( 292D ). The number of arrests and citizen contacts is outstanding. They handle special problems around the city which can range from drug dealers to wanted suspects to code violations. With an additional deputy assigned to that car, we would be able to run the car seven days per week, or have all three deputies work together on certain problems as needed. Presently, the special assignment deputies ( 292D ) are planning a " High Impact " project modeled after the current COPS programs taking place in unincorporated areas of the county. This involves taking surveys of a specific area to determine the problems and concerns within that area. They then work those problems ( along with their normal work load) for several months. After that, they move to a different target area and start all over again. They continue to maintain each of the targeted areas they had previously worked. The addition of a third deputy to this " Special Assignment Team " would greatly enhance their ability to serve the citizens of Diamond Bar. Additionally, this additional deputy could be initially added on as a" Growth Deputy" as was done previously. P.l Associated Costs: Sergeant ( supplemental )..........................................$ 119�..O�QL Special Assignment Deputy ( Growth Deputy ).........$ i43g- Total...........................................................................$ , %4q�3,2 RJM: WPF IM t'f7)��D �(� 173, z INTEROFFICE MEMORANDUM TO: Honorable Mayor and Members of City Council FROM: Terrence L. Belanger, City Manager ` " RE: FY 1999-00 Municipal Budget: General Fund, Special Funds And Capital Improvement Program DATE: June 15, 1999 General Fund Overview: The City of Diamond Bar is about to begin its eleventh fiscal year, FY 1999-00. As has been reported to the Council, over the past several fiscal years, the City will lose its incorporation population (74,115), which is currently used by the State of California to subvent (on a per capita basis) vehicle license fees, gas tax and other revenues, on December 31, 1999. By law (Rev.& Tax. Code, Sec. 11005.3 ), commencing with FY 1999-00 (July 1, 1999), State subventions by the State to the City will be based upon actual population, which is estimated to be 58,275. The estimated loss in General Fund revenue could be as much as $500,000 and the loss in Gas Tax revenues could be as much as $275,000. The vehicle license fee and gas tax revenue reductions are permanent. The future impacts of this revenue reduction must be mitigated through revenue expansion and/or service delivery changes. Redevelopment is another method for mitigating the impacts of the revenue reduction. The most effective form of revenue expansion is sales tax. Increases in sales tax will come through the a higher demand for goods and services, attraction of businesses into existing commercial centers and retention of businesses in those same commercial centers. While programs to retain, attract and assist businesses in existing commercial areas are beneficial, full occupancy in those commercial areas is not going to significantly expand revenue, as compared to the projected revenue "shortfall". Revenue expansion, in the form of new retail commercial development, should be seriously considered and decisions made to implement such revenue expansion activities. If the revenue "shortfall' is to be primarily dealt with through revenue expansion policies, a very proactive approach to revenue expansion activities is essential. The need for consistent and reliable revenue sources is an even more critical issue. In FY 1999- 00, as the Governor, state legislators, special interest lobbyists and others continue in their attempts to eliminate vehicle license fees, a municipal revenue source that was established and has been received by cities, since the early 1930s. Vehicle license fees are the largest annual general fund revenue that the City receives ($2,550,000 est. (22.0 %). Historically, the vehicle license fee revenue has been the most reliable revenue source available to the City. In light of the massive revenue "take -backs" ($4.4 billion) by the state legislature in the early 1990s, which involved the "taking" of "backfill' revenue (AB 8) that replaced municipal property taxes lost through Proposition 13; the promise of the state legislature to "backfill' the revenues that are at MUNICIPAL BUDGET: FY 1999-00 TUNE 15, 1999 PAGE TWO irresponsible conduct of the legislature gives rise to enormous skepticism and risk due to the irtes p minimal trust. is that rb the reduction of the City of Diamond Bar cannot tolerate, he Dual retail sales in Diamond The bottom line le, tproperty values almost twenty-five percent of its annual revenue. For example Bar would have to more than double ($220,000,000 to $445,000,000) or real ro erty would have to more than double. of a program for dealing with the impending revenue reduction aff has made several on The second aspect p 8r FY 1999-00 Municipal Bu g of annual expenditures. In the proposed service delivery and service reduction. idecisions that recommendations to the Council regarding goal is to implement the revenue enhancement activities and expen will mitigate the impact of the "shortfall", in FY 1999-00. General Fund Revenue: $12,351,960. There is a The FY 1999-00 General Fund Budget projects overall resources to be maintenance. There is transfer -in of $783,200 from Gas Tax Fund for street and right -of --way of $151,300 from the COPS Fund for the funding of ancludeO$7301000 in F'u d also a transfer-inspecial school traffic safety patrol. Resources deputy (292-D car) and and transfers to IP s to fund the creation of a Traits Master Plan ($50 )SY amore Canyon he C Balance Reserve $100,000; Fund (Community Civic C� ter -$500,000; Spanner Banners - Landslides Repair-$80,00 the The FY 1999-00 General Fund Budget proposes $11,674,435 in appropriations. There is a FY projected general fund balance (June sti 2000) Y 9g 99525 general085, fund balance000 hon June 30, 99-00p J of VLF). The estimated F 8 remainder of the tenth year ,380. The projected fund balances will be allocated to the General Fun Reserve 1999 is $369 Fund. major revenue sources are vehicle license fees, sales tax and property tax. The The City's three J roe tax will not vary FY 1999-00 budget estimates that sales t ab above, increase license fee revenues will decrease significantly from FY 1998-99. As notedse last year FY 98- significantly u to $600,000), in FY 99-00. However, as ehicle license feefi evenue level, based 99), th significantly ( p 99), the proposed budget utilizes the estimated FY 99-00 in revenues come population 58,275), for planning purposes. Other changesprocessing fees. upon actual pop ( Permit p primarily from estimated increases in interest income and building p MUNICIPAL BUDGET: FY 1999-00 NNE 15, 1999 PAGE THREE FY 1999-00 General Fund Budget Summary: The City of Diamond Bar will conclude FY 1998-99 in a strong financial position. The City will end FY 98-99, with the General Fund Reserve Fund projected to be $14,600,000. It is projected that the General Fund Reserve Fund will increase to $15,357,000, as of June 30, 2000. The FY 1999-00 operating budget is based upon proposed service levels that would maintain the total number of full-time and part-time employees. Thirty two (32) full-time staff positions are proposed. Eleven (11) part-time positions are also proposed. Personnel Recommendation(s) It is proposed that the City Council consider the following personnel changes: 1) the creation of a Public Works Supervisor ($63,000), 2) the expansion of the hours of the Engineering Intern ($6,550), 3) reclassification of the Assistant Engineer to Associate Engineer ($3,000), 4) changing the Community Services Coordinator/Seniors, from % time to fulltime ($11,600), and, 5) the addition of a'/z time Code Enforcement Officer ($26,200). Although the proposed budget does not reflect the cost impact, it is recommended that 1) the employees receive a 2.0 % cost of living increase in salary, 2) the PERS contract be changed to 2%@55, from 2%@60; and, 3) the cafeteria benefit amount be increased by $30 per month. It is also being proposed that the classification title of the Administrative Assistant be changed to Senior Administrative Assistant and that there be various changes to salary levels based on market comparisons. Legislative and Management Services This combination of services includes: City Council, City Attorney, City Manager and City Clerk. The proposed allocation for these services is $979,250, which is increase over the FY99 allocation ($906,237). This increase is due to the fact there is an election in November, 1999 ($45,000). The City Attorney's Special Litigation proposes an increase ($103,572 to$150,000) to cover the costs of litigation, which includes the costs of the defense of the redevelopment area plan (on appeal by the petitioners) and the litigation against the State of California related to the Lanterman Forensic Expansion Project. MUNICIPAL BUDGET: FY 1999-00 NNE 15, 1999 PAGE FOUR Administration & Support Services Administration and Support Services include Communications and Marketing, Finance and General Government. The proposed appropriation for these services is $1,388,170, which is a decrease from FY 99 ($1,574,023). The decrease primarily reflects the completion of replacement of computer hardware and upgrading of computer software ($191,000). Public Safety The FY 99-00 appropriations for law enforcement services total $3,997,300. $12,000 has been allocated for Community Volunteer Patrol. Animal Control service are proposed to be $66,000. Emergency Preparedness Services are proposed to be $53,015, which includes the cost of a part time coordinator ($16,640). The total cost for Public Safety services is $4,135,675, which approximately 35.4% of the proposed FY99-00 operating budget. The COPS Fund will fund education, training and capital outlay items. Community Development The proposed FY 99-00 allocation is $795,350, which is a significant decrease from the FY 98-99 allocation ($1,172,833). The decrease is due largely to the completion of the development code preparation process and the estimated reduction in building and safety costs. There are appropriations for preparation for the State mandated updating of the Housing Element ($25,000) and the preparation of zone changes to bring zoning designations into compliance with the General Plan ($30,000). Community Services The Community Services budget ($1,724,410) proposes an increase, from FY99 ($1,709,9740). The budget reflects increases in the recreation contract ($62,480), the creation of a trails master plan ($50,000), the reduction of capital outlay at Pantera Park ($22,000), and the reduction of $28,000 in miscellaneous recreation equipment. The Concerts in the Park series will feature ten (10) weekly concerts, beginning on June 16t`. Public Works The proposed Public Works budget is $1,657,580 which is an increase as compared to FY 98-99 ($1,568,688). The projected increase is due, primarily, to personnel changes including the addition of a Public Works Supervisor, an increase in intern hours, the reclassification of the Asst. Engineer, and the full year's effect of personnel changes made in FY 98-99. MUNICIPAL BUDGET: FY 1999-00 JUNE 15, 1999 PAGE FIVE FY 1999-00 Special Funds Library Services Fund: The Library Services Fund has been established to supplement the quality of library services available to the residents of the community. The primary focus of supplement support in the FY 99-00 Budget is the maintenance and operation ($8,380) of the City provided computer system, as well as, the upgrading of system computer hardware and software ($8,500). The unallocated Fund balance is $89,647. Community Organization Support Fund: This Fund has been established to provide support to non-profit organizations, which contribute beneficially to the betterment of the community. The community groups and organizations, which would receive support from this fund, are designated by the City Council. This fiscal year the City Council has agreed to contribute $20,000 to fund these types of organizations. Gas Tax Gas Tax resources available in FY 99-00 are $3,046,105. It is proposed that the Gas Tax Fund allocate $783,200 to the General Fund to fund street maintenance, street cleaning, right-of-way maintenance, marking and signs, traffic signal maintenance, curbs, gutters and sidewalk repair, utilities, engineering/inspections and staff services. The FY 99-00 Municipal Budget allocates $2,262,500 to Capital Improvement Projects to fund the following proposed projects: -Brea Cyn Rd -Southerly City Limit to Pathfinder Rd streetscape and street rehab/overlay -Phase 2 — Slurry Seal -Area 2 - Residential Street Improvement Program -Chinook/San Leandro rehab and seepage mitigation -Brea Canyon@Glenbrook traffic signal -Brea Canyon@Diamond Crest traffic signal -Brea Canyon@Silver Bullet traffic signal -Diamond Bar@SR57 NB on-ramp traffic signal -Lemon@Lycoming traffic signal -Golden Springs@Rapid View traffic signal -City-wide School Safety/Traffic Improvements The Gas Tax Fund will have a year end unappropriated reserve of approximately $405. MUNICIPAL BUDGET: FY 1999-00 JUNE 15, 1999 PAGE SIX Proposition A Fund - Transit The Proposition A Transit Fund is being proposed to fund the following: Dial -a -Cab program ($302,000), Excursions ($37,000) and Transit subsidy program ($447,000). $7,500 is allocated for membership dues to the San Gabriel Valley COG. It is recommended that monies be allocated for concrete bus pads ($250,000) and bus benches ($9,000). $57,250 has been allocated for administrative personnel costs, including the Transportation Clerk, which position is responsible for the transit pass subsidy program and the Dial -a -Cab program. The estimated Prop A Transit Fund resources, in FY 99-00, are $2,850,100. Proposed expenditures for FY 99-00 are $1,433,750. The estimated Fund year-end reserve balance is $1,448,350. Proposition C Fund The FY 99-00 Budget estimates available resources to be $4,454,255. The estimated Prop. C annual revenues are estimated to be $554,800. The Prop C Fund is proposed to fund the Golden Springs - Brea Canyon Road to westerly city limits resurfacing/median construction project ($900,000), Golden Springs - Grand Avenue to Torito Lane resurfacing project ($78,500) and Brea Canyon Road — Southerly City Limit to Pathfinder Road streetscape/resurfacing ($524,000/$1,236,000). The estimated year-end Fund balance would be $1,710,755. ISTEA Fund The Intermodal Surface Transportation Efficiency Act (ISTEA/T21) Fund provides resources for improving major transportation roadways. $991,500 is available, in FY 99-00. The entire amount is allocated to the Golden Springs - Grand Avenue to Torito Lane resurfacing project. Integrated Waste Management Fund This fund provides for the administration of the City's solid waste management activities, the implementation of programs recommended in the City's SRRE (Source Reduction and Recycling Element) and NPDES education and monitoring programs. The Public Works Department has been assigned the responsibility to manage the consultants and staff as they continue the implementation of residential sector programs: multi -family recycling, on-site composting, public education/information and monitoring. Commercial sector programs being implemented include: at -source recovery/recycling, representative waste audit, education/information and monitoring programs. The costs associated with these programs are a part of the FY 99-00 Integrated Waste Management Fund. Estimated resources are $304,384. Proposed allocated expenditures are estimated to be $113,700. The estimated year-end Fund balance reserve is $190,684. MUNICIPAL BUDGET: FY 1999-00 JUNE 15, 1999 PAGE SEVEN Air Quality Fund The FY 99-00 Budget allocates $6,500 to implement the City's Air Quality Element Implementation Plan. $7,000 has been allocated to partially fund annual membership dues for the San Gabriel Valley Council of Governments. The capital outlay proposal includes an electronic interactive public information communication system ($30,000), a public records imaging system ($51,000) and a recreation registration/reservation system ($40,000). 25% of the Assistant to City Manager's time is allocated to this fund and 25% of the MIS Technician is allocated to this fund. The total fund budget for FY 99-00 is $176,110. The unappropriated reserve would be approximately $27,713. SB 821 Fund The SB821 Fund provides funding for bike and pedestrian paths. The City has been reserving its annual allocations of funds in anticipation of the Brea Canyon Road — Pathfinder to the Southerly City Limit improvement project. As a result it is proposed that this fiscal year that $90,000 be allocated to this project. Park Fees Fund (Quimby Act) The FY 99-00 Budget estimates resources available to be $211,431. The project recommended to be accomplished this fiscal year is the Lorbeer Middle School athletic field lights ($205,000) project. The estimated year-end Fund balance would be $6,431. Park and Facility Development Fund There is expected to be a balance of $2,462,740, in FY 99-00. There are FY 99-00 allocations recommended for the Peterson Park irrigation and drainage improvements project ($280,000), the Lorbeer athletic field lighting project ($15,000) and the design of the Pantera Park athletic field lighting ($20,000). The unallocated fund balance is estimated to be $2,142,740. Community Development Block Grant Fund The proposed resources for FY 99-00 is $727,954. Proposed allocations for FY 99-00 are $277,954. CDBG funds several community service programs, which include YMCA child care, senior programs, and others; and, several CIP projects, which include handicap access ramps ($81,900) and Sycamore Park ADA retrofit design ($20,000). Program administrative costs are $56,690. Included within the Professional Services line item is $75,750, which was previously approved by the City Council for the services related to the Minnequa landslide. MUNICIPAL BUDGET: FY 1999-00 JUNE 15, 1999 PAGE EIGHT COPS Fund The Citizens Option for Public Safety (COPS) Fund has available resources in the amount of $411,477, in FY 99-00. $120,000 has been allocated to the General Fund to cover the cost of expanding the two -deputy special assignment car (292-D) from a twenty hours per week to a forty hours per week. The Los Angeles Sheriffs Department will be purchasing capital outlay items ($102,000) that will enhance and expand the LASO's ability to provide effective law and traffic enforcement services. $5,000 has been allocated for training and education for Diamond Bar team deputies. The projected unallocated balance is estimated to be $135,177. Narcotics Asset Seizure Fund There is a fund balance of $327,000 in the Narcotics Asset Seizure Fund. The monies in the Narcotics and Law Enforcement Fund can only be used for narcotics enforcement, substance abuse education/training, and other law enforcement activities. Capital Improvement Fund (CIP) The FY 1999-00 CIP Budget proposes an expenditure program in the amount of $9,072,900. The CIP proposes $6,341,000 for street improvements, $960,000 for traffic control improvements, $920,000 for park and recreation improvements; and, $851,900 for miscellaneous capital improvements. You are referred to budget document (pages 87 thru 94)for more detail, on the various projects. Self -Insurance Fund: The City Council has adopted a policy, which requires the setting aside of $100,000 per year in the Self -Insurance Fund, until the Fund balance is $1,000,000. As of June 30,1999, the Self - Insurance Fund balance is estimated to be $1,202,852. Barring unforeseen adverse judgments, there will not be a need to set aside $100,000 from the unallocated General Fund reserve fund this fiscal year. However, $214,000 will be transferred -in to the Self -Insurance Fund for the payment of the annual general liability insurance premium. The estimated fund balance on June 30, 1999 is $1,249,852. Equipment Replacement Fund: It is proposed that a new internal service fund be created this year to provide a mechanism to accumulate funds for the eventual replacement of the City's rolling stock or vehicles. An analysis of the current vehicles will be conducted and a capitalization schedule will be completed. Each year an amount equivalent to the capitalized amount will be transferred into this fund. It is anticipated that this fiscal year $80,000 will be transferred. RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING AND ADOPTING A BUDGET FOR THE CITY OF DIAMOND BAR FOR THE FISCAL YEAR Ca4XNCING JULY 1, 1999 AND ENDING JUNE 30, 2000 INCLUDING MAINTENANCE AND OPERATIONS, SPECIAL FUNDS AND CAPITAL IMPROVEMENTS AND APPROPRIATING FUNDS FOR ACCOUNTS, DEPARTMENTS, DIVISIONS, OBJECTS AND PURPOSES THEREIN SET FORTH. A. Recitals (i) The City Manager has heretofore prepared and presented to this City Council a proposed budget for the City's fiscal year 1999-00, including staffing and position allocations, maintenance and operations, special funds and capital improvements, including appropriations therefor (referred to the "Budget" sometimes hereinafter). (ii) The Planning Commission of the City of Diamond Bar has heretofore publicly reviewed the proposed capital improvements specified in the Budget and has rendered to the City Council its report thereon concerning conformity of the capital improvement program with the City's contemplated general plan, all as required by California Government Code Section 65401. Copies of the Budget are on file in the office of the City Clerk labeled "City of Diamond Bar 1999-00 Budget" and said Budget hereby is made a part of this Resolution. (iii) The City Council has conducted a public hearing on the entirety of the fiscal year 1999-00 Budget and concluded said hearing prior to the adoption of this Resolution. (iv) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION. NOW THEREFORE, the City Council of the City of Diamond Bar does hereby find, determine and resolve as follows: 1. In all respects, as set forth in the Recitals, Part A, of this Resolution. 2. The City Council hereby finds and determines that the capital improvement program set forth in the Budget, and each project identified therein, is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the guidelines promulgated thereunder pursuant to Section 15301 of Division 6 of Title 19 of the California Code of Regulations. 3. The Budget, including the changes enumerated and directed to be made by the City Council during the course of the public hearing conducted by the City Council, hereby is adopted as the Budget of the City of Diamond Bar for the fiscal year commencing July 1, 1999 and ending June 30, 2000 and consisting of the estimated and anticipated expenditures and revenues for that fiscal year. 4. There are hereby appropriated for obligations and expenditures by the City Manager the amounts shown for the various departments, divisions and objects set forth in the Budget. All obligations and expenditures shall be incurred and made in the manner provided by the provisions of State law and City ordinances and resolutions applicable to purchasing and contracting. 5. Subject to further provision of this Resolution, the appropriations made above constitute the maximum amount authorized for obligation and expenditure by the City Manager for respective departments, divisions and objects as set forth in the Budget. Each department head shall be responsible, as well as the City Manager, for seeing that said maximum amounts are not exceeded. 6. No warrant shall issue nor shall any indebtedness be incurred which exceeds the unexpended balance of the fund and department appropriations hereinabove authorized unless such appropriations shall have been amended by a supplemental appropriation duly enacted by the City Council, or by individual appropriations within any aforesaid fund or department therein, except insofar as the City Manager may authorized transfers pursuant to this Resolution. 7. Within the various funds and departments contained in the Budget, the City Manager is authorized to employ, during the fiscal year covered by said Budget, the number and classification of such full time employees as are shown in the Budget all subject to the provisions of the City's classification and compensation plans as amended and adopted by the City Council. Part time and seasonal employees are authorized as necessary by the City Manager provided that the total to be obligated and expended within any fund and department set forth in the Budget, with respect to salaries and wages therefor, shall not exceed the budgeted and appropriated amount, as the same may be amended by the City Council, from time to time. 8. The City Manager hereby is authorized to transfer funds appropriated hereby or by supplemental appropriation as follows: With respect to those classifications designated by code 1000 series, 2000 series, 4000 series, 5000 series and code 6000 series, the City Manager may transfer amounts between and within those classifications, but only within a department or fund. 9. The City Clerk shall certify to the adoption of this Resolution. PASSED, ADOPTED AND APPROVED 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, adopted and approved at a regular meeting of the City Council of the City of Diamond bar held on the day of following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: , 1999, by the ATTEST: City Clerk of the City of Diamond Bar CITY OF DIAMOND BAR PROPOSED ANNUAL BUDGET Fiscal Year 1999-00 W V O CD W o O O Q N Zcroo� O U II a Li uj Z I W C5 x x ca H m a m Q Qcts 4. m C LE m N d cc �p IB C Li 0 C a� y 0 L le co rn a a d c O O N a 9 ui 9 ro Sod �v Lo11 !V C_ m 1 m 41 N C 2 ~ CL O 'C a° rn c � rn— ai m .� Ln y > C in m 0 Cl) cm 4) Q J V♦ Q W °= U0 N Cb ~ o M z W CL O *� X O W cv z _U Z > w D LL r CO) LDCL d Q aCi x ^ W W0 W U o 0 W H o T #, OD OD NCli A, T r � 0 w � � IL' OD � o LO o co 'Q CO m N m LO � Q r Uty Ut Ulamand Bar Personnel Summary Fiscal Year 1999-00 FULL TIME 1998-99 1999-00 POSITION Approved Actual Proposed Approved -City Manager 1 1 1 -Deputy Clty 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 If 1 1 1 -Supt of Parks & Maint 1 1 1 -Public Works - Supervisor 0 0 1 -Assoc. Engineer 0 0 1 -Secretary to City Manager/Office Manager 1 1 1 -Administrative Assistant 1 1 1 -Development Services Assistant 2 2 2 -Communications & Marketing Assistant 2 2 2 -Deputy City Clerk 1 1 1 -Administrative Secretary 3 3 3 -Secretary 2 2 2 -Account Clerk II 1 1 1 -MIS Technician 1 1 1 -Assistant Civil Engineer 1 1 0 -Code Enforcement Officer 1 1 1 -Maintenance Worker II 1 1 1 -Transportation Clerk 1 1 1 -Community Services Coordinator 1 1 2 Totals 30 30 32 0 PART TIME POSITION 1998.99 1999-00 AR roved Actual Proposed Approved -Administrative Assistant 1 1 1 -Senior Account Clerk 1 1 1 -Code Enforcement Officer 0 0 1 -Community Services Coordinator 1 1 0 -Parks Maint. Helper 7 7 7 -Engineering Intern 1 1 1 -Adminstrative Intern 0 0 0 Totals 11 11 11 0 3 GENERAL FUND BUDGET CITY OF DIAMOND BAR GENERAL FUND BUDGET FY 1999-2000 ESTIMATED RESOURCES Property Taxes Other Taxes State Subventions From Other Agencies Fines and Forfeitures Current Services Charges Use of Money & Property Transfers -in Other Funds Reserved Fund Balance Total Estimated Resources APPROPRIATIONS City Council City Attorney City Manager City Clerk Finance General Government Communications & Marketing Law Enforcement Volunteer Patrol Fire Animal Control Emergency Preparedness Community Dev./Planning Building & Safety Community Services Public Works/Engineering Transfer -Out Other Funds Total Appropriations NET CHANGE IN FUND BALANCE 1998-1999 City Manager City Council Adjusted Budget Recommended Approved 2,061,000 2,071,000 0 3,270,000 3,630,000 0 1,881,700 2,581,800 0 74,500 11,330 0 306,500 322,500 0 1,988,950 1,380,330 0 702,220 690,500 0 915,958 934,500 0 592,100 810,000 0 11,792,928 12,431,960 0 134,670 128,070 0 193,572 240,000 0 354,580 344,080 0 223,415 267,100 0 259,470 277,650 0 698,723 619,900 0 615,830 490,620 0 3,975,300 3,997,300 0 12.500 12,000 0 7,360 7,360 0 65,000 66,000 0 43,915 53,015 0 488,383 464,850 0 684,500 330,500 0 1,709,974 1,724,410 0 1,568,688 1,657,580 0 387,668 994,000 0 11,423,548 11,674,435 0 369,380 757,525 0 7 GENERAL FUND REVENUE SUMMARY CITY OF DIAMOND BAR GENERAL FUND ESTIMATED RESOURCES FY 1999-2000 Property Taxes 30010 Current Secured 30020 Current Unsecured 30050 Supplemental Roll 30200 Misc. Property Taxes Other Taxes 31010 Sales Tax 31200 Transient Occupancy Tax 31210 Franchise Tax 31250 Property Transfer Tax Subventions - State: 31350 Motor Vehicle in Lieu 31450 Homeowners Exemption 31800 Off Highway Tax From Other Agencies 31820 FEMA Revenue 31890 Environmental Enhancement Pgm 31900 Intergovt Revenue -Other Cities Fines & Forfeitures 32150 Traffic Fines 32200 General Fines 32230 Parking Fines 32250 Vehicle Impound Fees 32270 False Alarm Fees 32350 Graffiti Restitution Current Service Charges: Building Fees: 34110 Building Permits 34120 Plumbing Permits 34130 Electrical Permits 34140 Mechanical Permits 34200 Permit Issuance Fee 34250 Inspection Fees 34300 Plan Check Fees 34350 SMTP Fees 1998-1999 City Manager City Council Adjusted Budget Recommended Approved 1,800,000 1,800,000 42,200 150,000 160,000 35,080 110,000 110,000 48,000 1,000 1,000 11,100 2,061,000 2,071,000 0 2,200,000 2,500,000 300,000 350,000 650,000 650,000 120,000 130,000 3,270,000 3,630,000 0 1,850,000 2,550,000 30,000 30,000 1,700 1,800 1,881,700 2,581,800 0 30,000 18,000 11,330 26,500 74,500 11,330 0 185,000 200,000 9,000 10,000 60,000 60,000 12,000 12,000 40,000 40,000 500 500 306,500 322,500 0 10 559,200 224,200 42,200 22,200 64,000 35,080 25,800 14,800 48,000 36,250 11,050 11,100 390,200 207,200 3,500 3,500 CITY OF DIAMOND BAR GENERAL FUND ESTIMATED RESOURCES FY 1999-2000 Planning Fees: 34410 Environmental Fees 34430 Current Planning Fees 34500 Miscellaneous Planning Permits Engineering Fees: 34610 Engr - Plan Check Fees 34620 Engr - Permit Issuance Fee 34630 Engr - Encroachment Fees 34640 Engr - Inspections Fees 64650 Engr - Soils Review 34665 Industrial Waste Fees Recreation Fees: 34720 Community Activities 34730 Senior Activities 34740 Athletics 34760 Fee Programs 34780 Contract Classes 34800 Special Event Fees Use of Money and Property: 36100 Interest Earnings 36600 Returned Check Charges 36610 Rents & Concessions 36630 Sale of Fixed Assets 36640 Sale of Promotional Items 36650 Sale of Printed Material 36651 Sale of Printed Material-Engr 36660 Donations 36900 Miscellaneous Revenue Transfers In -Other Funds: 39111 Transfer In -Gas Tax Fund 39113 Transfer In - Prop C Fund 39126 Transfer In - COPS Fund 19984999 City Manager City Council Adjusted Budget Recommended Approved 10,000 10,000 50,000 40,000 500 135,000 120,000 4,000 4,000 2,000 15,000 185,000 135,000 17,000 15,000 10,000 10,000 26,000 30,000 10,000 12,000 75,000 90,000 100,000 90,000 150,500 185,000 70,000 70,000 1,988,950 1,380,330 0 650,000 650,000 500 500 25,000 25,000 10,000 1,000 2,200 2,500 6,500 6,500 2,000 1,020 5,000 5,000 702,220 690,500 0 759,658 783,200 5,000 151,300 151,300 915,958 934,500 0 Fund Balance Reserve 592,100 810,000 11,792,928 12,431,960 0 11 EXPENDITURE DETAIL SECTION & DEPARTMENT 13 CITY OF DIAMOND BAR Department -Legislative • City Council • City Attorney • City Manager • City Clerk 14 CITY OF DIAMOND BAR ESTIMATED EXPENDITURES FY 1999-2000 PERSONNEL SERVICES 40010 Salaries 40020 Over -Time Wages 40070 City Paid Benefits 40080 Retirement 40083 Worker's Comp. Exp. 40085 Medicare 40090 Cafeteria Benefits 6,130 TOTAL PERSONNEL DEPARTMENT: Legislative DIVISION: Summary, ORGANOTION #: O001 -401f3 to 4040 1998-1999 City Manager City Council Adjusted Budget Recommended Approved 420,800 421,050 0 7,000 7,000 0 8,020 8,020 0 74,900 62,650 0 4,100 4,900 0 6,130 6,130 0 94,450 94,510 0 615,400 604,260 0 SUPPLIES 53,150 57,500 0 41200 Operating Supplies 5,200 4,850 0 41300 Small Tools & Equipment 200 200 0 TOTAL SUPPLIES 5,400 5,050 0 OPERATING EXPENDITURES 42110 Printing 2,000 1,500 0 42112 Photography 600 600 0 42115 Advertising 5,000 6,000 0 42125 Telephone 2,900 2,900 0 42200 Equipment Maintenance 1,100 1,100 0 42310 Fuel 1,200 1,200 0 42315 Membership & Dues 1,975 2,200 0 42320 Publications 790 790 0 42325 Meetings 7,150 6,150 0 42330 Travel -Conferences 45,700 39,000 0 42335 Travel -Mileage & Auto Allow 1,800 1,500 0 42340 Education & Training 2,450 2,450 0 42390 Elections 0 45,000 0 42395 Misc Expenditures 50 50 0 TOTAL OPERATING EXP. 72,715 110,440 0 PROFESSIONAL SERVICES 44000 Professional Services 53,150 57,500 0 44020 Prof Svcs - General Legal 90,000 90,000 0 44021 Prof Svcs - Special Legal 103,572 150,000 0 44030 Prof Svcs -Data Processing 4,000 0 TOTAL PROF SVCS 250,722 297,500 0 CAPITAL OUTLAY 46235 Computer Equip -Software ALLOCATED COSTS 48500 Alloc. Costs -Redevelopment 2,000 2,000 0 2,000 2,000 0 (40,000) (40,000) 0 DIVISION TOTAL 906,237 979,250 0 15 CITY OF DIAMOND BAR ESTIMATED EXPENDITURES FY 1999-2000 PERSONNEL SERVICES 40010 Salaries 40070 City Paid Benefits 40080 Retirement 40083 Worker's Comp. Exp. 40085 Medicare 40090 Cafeteria Benefits 61,870 0 TOTAL PERSONNEL SUPPLIES 41200 Operating Supplies TOTAL SUPPLIES DEi�/kFE'�MENT.: , Leg>islatFve Iantc�rcant Crtyrt PR. QN, #I 003-4Q10 1998-1999 City Manager City Council Adjusted Budget Recommended Approved 24,000 24,000 2,820 2,820 4,100 3,300 150 200 350 350 31,200 31,200 62,620 61,870 0 2,350 2,000 2,350 2,000 0 OPERATING EXPENDITURES 1,500 42110 Printing 2,000 600 600 42112 Photography 1,00 00 1,100 42125 Telephone 1 100 1 42315 Membership & Dues 200 42320 Publications 200 4,000 3,000 42325 Meetings 24,000 20,000 42330 Travel -Conferences 750 750 42335 Travel -Mileage & Auto Allow 42340 Education & Training 1,000 1,000 42395 Misc Expenditures 50 33,700 50 28,200 0 TOTAL OPERATING EXP. PROFESSIONAL SERVICES 44000 Professional Services 36,000 36,000 0 TOTAL PROF SVCS 36,000 36,000 DIVISION TOTAL 134,670 128,070 0 16 CITY OF DIAMOND BAR ESTIMATED EXPENDITURES FY 1999-2000 19984999 City Manager City Council Adjusted Budget Recommended Approved PROFESSIONAL SERVICES 44020 Prof Svcs - General Legal 90,000 90,000 44021 Prof Svcs - Special Legal 103,572 150,000 TOTAL PROF SVCS 193,572 240,000 0 DIVISION TOTAL 193,572 240,000 0 17 CITY OF DIAMOND BAR ESTIMATED EXPENDITURES FY 1999-2000 PERSONNEL SERVICES 40010 Salaries 40020 Over -Time Wages 40070 City Paid Benefits 40080 Retirement 40083 Worker's Comp. Exp. 40085 Medicare 40090 Cafeteria Benefits 42335 TOTAL PERSONNEL SUPPLIES 41200 Operating Supplies 41300 Small Tools & Equipment TOTAL SUPPLIES OPERATING EXPENDITURES 42125 Telephone 42200 Equipment Maintenance 42310 Fuel 42315 Membership & Dues 42320 Publications 42325 Meetings 42330 Travel -Conferences 42335 Travel -Mileage & Auto Allow 42340 Education & Training 25,500 0 TOTAL OPERATING EXP. PROFESSIONAL SERVICES 44000 Professional Services TOTAL PROF SVCS ALLOCATED COSTS 48500 Alloc. Costs -Redevelopment DIVISION TOTAL 1998-1999 City Manager City Council Adjusted Budget Recommended Approved 259,600 259,850 5,000 5,000 3,050 3,050 48,650 41,150 3,100 3,600 3,780 3,780 39,550 39,550 362,730 355,980 0 1,000 1,000 100 100 1,100 1,100 1,500 1,500 1,000 1,000 1,200 1,200 1,200 1,200 500 500 3,000 3,000 19,500 16,000 750 500 600 600 29,250 25,500 0 1,500 1,500 1,500 1,500 0 (40,000) (40,000) 354,580 344,080 0 18 CITY OF DIAMOND BAR ESTIMATED EXPENDITURES FY 1999-2000 77�7. 777777777777-7 DEPARTMENT: > Legislative DtVI$IQIV: Gity,Clerk C)RQANI�tT10N # 001-4Q40 1998-1999 City Manager City Council Adjusted Budget Recommended Approved PERSONNEL SERVICES 40010 Salaries 137,200 137,200 40020 Over -Time Wages 2,000 2,000 40070 City Paid Benefits 2,150 2,150 40080 Retirement 22,150 18,200 40083 Worker's Comp. Exp. 850 1,100 40085 Medicare 2,000 2,000 40090 Cafeteria Benefits 23,700 23,760 0 TOTAL PERSONNEL 190,050 186,410 SUPPLIES 41200 Operating Supplies 1,850 1,00 41300 Small Tools & Equipment 100 100 1 0 TOTAL SUPPLIES 1,950 1,950 OPERATING EXPENDITURES 42115 Advertising 5,000 6,000 42125 Telephone 400 400 42200 Equipment Maintenance 100 100 42315 Membership & Dues 675 900 42320 Publications 90 90 42325 Meetings 150 150 42330 Travel -Conferences 2,200 3,000 42335 Travel -Mileage & Auto Allow 300 250 42340 Education & Training 850 850 42390 Elections 0 45,000 0 TOTAL OPERATING EXP. 9,765 56,740 PROFESSIONAL SERVICES 44000 Professional Services 15,650 20,000 44030 Prof Svcs -Data Processing 4,000 0 TOTAL PROF SVCS 19,650 20,000 CAPITAL OUTLAY 46235 Computer Equip -Software 2,000 2,000 0 2,000 2,000 ALLOCATED COSTS 48500 Alloc. Costs -Redevelopment DIVISION TOTAL 223,415 267,100 0 19 CITY OF DIAMOND BAR Department - Admin. & Support • Finance • General Government • Communications & Marketing 20 CITY OF DIAMOND BAR ESTIMATED EXPENDITURES FY 1999-2000 PERSONNEL SERVICES 40010 Salaries 40020 Over -Time Wages 40030 Part -Time Salaries 40070 City Paid Benefits 40080 Retirement 40083 Worker's Comp. Exp. 40085 Medicare 40090 Cafeteria Benefits 40093 Benefits Administration 5,450 TOTAL PERSONNEL SUPPLIES 1998-1999 City Manager City Council Adjusted Budget Recommended Approved 346,600 375,200 0 2,000 4,000 0 11,400 0 0 4,900 5,400 0 57,220 50,550 0 2,200 3,050 0 5,950 5,450 0 53,120 58,770 0 7,200 7,200 0 490,590 509,620 0 41200 Operating Supplies 20,800 19,800 0 41300 Small Tools & Equipment 450 450 0 41400 Promotional Supplies 24,500 27,000 0 TOTAL SUPPLIES 45,750 47,250 0 OPERATING EXPENDITURES 42100 Photocopying 6,500 7,000 42110 Printing 53,000 57,000 42111 Printing -Pre Press Svcs 16,000 14,000 42112 Photography 500 1,000 42113 Engraving Svcs 2,000 3,000 42115 Advertising 30,000 47,000 42120 Postage 45,500 47,500 42121 Mailing Services 3,500 3,500 42125 Telephone 31,000 31,000 42126 Utilities 750 750 42128 Banking Charges 6,000 7,000 42130 Rental/Lease of Equipment 22,500 22,500 42140 Rental/Lease of Real Prop 218,500 222,500 42200 Equipment Maintenance 11,000 11,000 42205 Computer Maintenance 7,500 4,500 42210 Maint. of Grounds/Bldgs 20,000 20,000 42310 Fuel 1,500 1,500 42315 Membership & Dues 30,750 31,600 42320 Publications 4,200 5,350 42325 Meetings 22,150 22,650 42330 Travel -Conferences 28,500 22,500 42335 Travel -Mileage & Auto Allow 200 700 42340 Education & Training 22,453 18,000 42345 Employment Physicals 1,500 1,500 21 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CITY OF DIAMOND BAR ESTIMATED EXPENDITURES FY 1999-2000 1998-1999 City Manager City Council Adjusted Budget Recommended Approved 42355 Contributions -Comm Groups 500 5,000 0 42395 Misc Expenditures 1,500 2,500 0 TOTAL OPERATING EXP. 587,503 610,550 0 PROFESSIONAL SERVICES 44000 Professional Services 85,100 94,000 0 44010 Prof Svcs-Acctg & Auditing 46,000 47,000 0 44030 Prof Svcs -Data Processing 14,550 15,000 0 TOTAL PROF SVCS 145,650 156,000 0 CONTRACT SERVICES 191,550 46,500 0 45000 Contract Services 12,260 26,500 0 TOTAL CONTRACT SVCS. 12,260 26,500 0 CAPITAL OUTLAY 46100 Auto Equipment 65,000 0 46200 Office Equipment 1,870 2,000 0 46220 Office Equip -Furniture 33,000 5,000 0 46230 Computer Equip -Hardware 191,550 46,500 0 46235 Computer Equip -Software 26,050 17,350 0 46240 Communications Equip 1,200 0 0 46250 Misc Equipment 8,600 6,000 0- 327,270 76,850 0 ALLOCATED COSTS 48500 Alloc. Costs -Redevelopment (35,000) (38,600) 0 DIVISION TOTAL 1,574,023 1,388,170 0 22 CITY OF DIAMOND BAR ESTIMATED EXPENDITURES FY 1999-2000 PERSONNEL SERVICES 40010 Salaries 40020 Over -Time Wages 40030 Part -Time Salaries 40070 City Paid Benefits 40080 Retirement 40083 Worker's Comp. Exp. 40085 Medicare 40090 Cafeteria Benefits 241,050 0 TOTAL PERSONNEL 1998-1999 City Manager City Council Adjusted Budget Recommended Approved 150,300 178,900 2,000 2,000 11,400 1,300 2,150 2,650 24,570 23,650 1,000 1,450 3,100 2,600 24,150 29,800 218,670 241,050 0 SUPPLIES 5,000 3,000 41200 Operating Supplies 1,300 1,300 41300 Small Tools & Equipment 200 200 TOTAL SUPPLIES 1,500 1,500 0 OPERATING EXPENDITURES 42110 Printing 5,000 4,000 42315 Membership & Dues 750 1,000 42320 Publications 350 350 42325 Meetings 150 150 42330 Travel -Conferences 2,500 3,000 42335 Travel -Mileage & Auto Allow 200 200 42340 Education & Training B00 1,000 TOTAL OPERATING EXP. 9,750 9,700 0 PROFESSIONAL SERVICES 44000 Professional Services 5,000 3,000 44010 Prof Svcs-Acctg & Auditing 26,000 27,000 44030 Prof Svcs -Data Processing 12,550 13,000 TOTAL PROF SVCS 43,550 43,000 0 CAPITAL OUTLAY 46200 Office Equipment ALLOCATED COSTS 48500 Alloc. Costs -Redevelopment DIVISION TOTAL 1,000 1,000 1,000 1,000 0 (15,000) (18,600) 259,470 277,650 0 23 CITY OF DIAMOND BAR ESTIMATED EXPENDITURES FY 1999-2000 PERSONNEL SERVICES 40070 City Paid Benefits 40080 Retirement 40093 Benefits Administration TOTAL PERSONNEL SUPPLIES 1998-1999 City Manager City Council Adjusted Budget Recommended Approved 200 200 1,000 1,000 7,200 7,200 8,400 8,400 0 41200 Operating Supplies 12,500 15,000 41300 Small Tools & Equipment 250 250 41400 Promotional Supplies 12,500 12,500 TOTAL SUPPLIES 25,250 27,750 0 OPERATING EXPENDITURES 42100 Photocopying 6,500 7,000 42110 Printing 13,000 13,000 42113 Engraving Svcs 2,000 3,000 42115 Advertising 17,500 29,500 42120 Postage 30,000 30,000 42121 Mailing Services 1,000 1,000 42125 Telephone 30,000 30,000 42126 Utilities 750 750 42128 Banking Charges 6,000 7,000 42130 Rental/Lease of Equipment 19,000 19,000 42140 Rental/Lease of Real Prop 213,500 220,000 42200 Equipment Maintenance 11,000 11,000 42210 Maint. of Grounds/Bldgs 20,000 20,000 42310 Fuel 1,500 1,500 42315 Membership & Dues 26,500 27,000 42320 Publications 2,500 2,500 42325 Meetings 20,000 20,000 42330 Travel -Conferences 13,500 13,500 42340 Education & Training 17,653 10,000 42345 Employment Physicals 1,500 1,500 42395 Misc Expenditures 1,500 1,500 TOTAL OPERATING EXP. 454,903 468,750 0 PROFESSIONAL SERVICES 44000 Professional Services 75,000 75,000 44010 Prof Svcs-Acctg & Auditing 20,000 20,000 44030 Prof Svcs -Data Processing 2,000 2,000 TOTAL PROF SVCS 97,000 97,000 0 24 CITY OF DIAMOND BARER Admin Supr( ESTIMATED EXPENDITURES DI11 FY 1999-2000 Genel OR!�RAANI<ZATIAIt3190 1998-1999 City Manager City Council CONTRACT SERVICES Adjusted Budget Recommended Approved 45000 Contract Services 12,000. 12,000 TOTAL CONTRACT SVCS. 12,000 12,000 0 CAPITAL OUTLAY 46100 Auto Equipment 65,000 46200 Office Equipment 870 1,000 46220 Office Equip-Fumiture 33,000 5,000 46240 Communications Equip 1,200 46250 Misc Equipment 1,100 101,170 6,000 0 ALLOCATED COSTS 48500 Alloc. Costs -Redevelopment DIVISION TOTAL 698,723 619,900 0 25 CITY OF DIAMOND BAR ESTIMATED EXPENDITURES FY 1999-2000 26 1998-1999 City Manager City Council Adjusted Budget Recommended Approved PERSONNEL SERVICES 40010 Salaries 196,300 196,300 40020 Over -Time Wages 2,000 40070 City Paid Benefits 2,550 2,550 40080 Retirement 31,650 25,900 40083 Worker's Comp. Exp. 1,200 1,600 40085 Medicare 2,850 2,850 40090 Cafeteria Benefits 28,970 28,970 TOTAL PERSONNEL 263,520 260,170 0 SUPPLIES 41200 Operating Supplies 7,000 3,500 41400 Promotional Supplies 12,000 14,500 TOTAL SUPPLIES 19,000 18,000 0 OPERATING EXPENDITURES 42110 Printing 35,000 40,000 42111 Printing -Pre Press Svcs 16,000 14,000 42112 Photography 500 1,000 42115 Advertising 12,500 17,500 42120 Postage 15,500 17,500 42121 Mailing Services 2,500 2,500 42125 Telephone 1,000 1,000 42130 Rental/Lease of Equipment 3,500 3,500 42140 Rental/Lease of Real Prop 5,000 2,500 42205 Computer Maintenance 7,500 4,500 42315 Membership & Dues 3,500 3,600 42320 Publications 1,350 2,500 42325 Meetings 2,000 2,500 42330 Travel -Conferences 12,500 6,000 42335 Travel -Mileage & Auto Allow 500 42340 Education & Training 4,000 7,000 42355 Contributions -Comm Groups 500 5,000 42395 Misc Expenditures 1,000 TOTAL OPERATING EXP. 122,850 132,100 0 PROFESSIONAL SERVICES 44000 Professional Services 5,100 16,000 TOTAL PROF SVCS 5,100 16,000 0 CONTRACT SERVICES 45000 Contract Services 260 14,500 TOTAL CONTRACT SVCS. 260 14,500 0 26 CAPITAL OUTLAY 46230 Computer Equip -Hardware 191,550 46,500 17,350 46235 Computer Equip -Software 26,050 7,500 6,000 46250 Misc Equipment 225,100 69,850 0 ALLOCATED COSTS 48500 Alloc. Costs -Redevelopment (20,000) (20,000 ) DIVISION TOTAL 615,830 490,620 0 27 CITY OF DIAMOND BAR Department - Public Safety • Law Enforcement • Community Volunteer Patrol • Fire • Animal Control • Emergency Preparedness 28 CITY OF DIAMOND BAR ESTIMATED EXPENDITURES FY 1999-2000 OPERATING EXPENDITURES 1998-1999 City Manager City Council PERSONNEL SERVICES Adjusted Budget Recommended Approved 40083 Worker's Comp. Exp. 5,000 5,Q00 0 TOTAL PERSONNEL 5,000 5,000 0 SUPPLIES 375 0 42130 41200 Operating Supplies 10,000 12,000 0 41300 Small Tools & Equipment 1,000 1,000 0 TOTAL SUPPLIES 11,000 13,000 0 OPERATING EXPENDITURES 45401 CS -Sheriff Department 45402 42110 Printing 800 500 0 42125 Telephone 2,200 2,200 0 42126 Utilities 375 375 0 42130 Rental/Lease - Equipment 2X 800 2,800 0 42140 Rental/Lease - Real Prop 100 100 0 42200 Equipment Maintenance 5,700 5,500 0 42310 Fuel 500 0 0 42315 Membership & Dues 2,800 3,000 0 42320 Publications 1,000 500 0 42325 Meetings 3,500 3,500 0 42340 Education & Training 1,000 1,000 0 TOTAL OPERATING EXP. 20,775 19,475 0 PROFESSIONAL SERVICES 44040 Emergency Prep-Coordinatn 16,640 16,640 0 TOTAL PROF SVCS 16,640 16,640 0 CONTRACT SERVICES 45401 CS -Sheriff Department 45402 CS -Sheriff /Special Evts 45403 Contract Svcs -Animal Cntrl 45404 Contract Services -Fire Dept 45405 CS -Parking Citation Admin 45410 CS -Crossing Guard Svcs 5,000 TOTAL CONTRACT SVCS. CAPITAL OUTLAY 46230 Computer Equip -Hardware 46240 Communications Equipment 46250 Misc Equipment 46310 Bldg Improvements -Civic Ctr DIVISION TOTAL 3,822,800 3,822,800 0 78,000 100,000 0 65,000 66,000 0 7,360 7,360 0 5,000 5,000 0 65,000 65,000 0 4,043,160 4,066,160 0 500 7,400 0 3,500 3,500 0 3,000 4,000 0 500 500 0 7,500 15,400 0 4,104,075 4,135,675 0 29 CITY OF DIAMOND BAR ESTIMATED EXPENDITURES FY 1999-2000 1998-1999 City Manager City Council Adjusted Budget Recommended Approved OPERATING EXPENDITURES 42200 Equipment Maintenance 4,000 4,000 42325 Meetings 500 500 TOTAL OPERATING EXP. 4,500 4,500 0 CONTRACT SERVICES 45401 CS -Sheriff Department 3,822,800 3,822,800 45402 CS -Sheriff /Special Evts 78,000 100,000 45405 CS -Parking Citation Admin 5,000 5,000 45410 CS -Crossing Guard Svcs 65,000 65,000 TOTAL CONTRACT SVCS. 3,970,800 3,992,800 0 DIVISION TOTAL 3,975,300 3,997,300 0 30 CITY OF DIAMOND BAR ESTIMATED EXPENDITURES FY 1999-2000 1998-1999 City Manager City Council Adjusted Budget Recommended Approved PERSONNEL SERVICES 40083 Worker's Comp. Exp. 5,000 5,000 TOTAL PERSONNEL 5,000 5,000 0 SUPPLIES 41200 Operating Supplies 2,000 2,000 41300 Small Tools & Equipment 500 500 TOTAL SUPPLIES 2,500 2,500 0 OPERATING EXPENDITURES 42125 Telephone 1,000 1,000 42200 Equipment Maintenance 500 500 42310 Fuel 500 42325 Meetings 3,000 3,000 TOTAL OPERATING EXP. 5,000 4,500 0 DIVISION TOTAL 12,500 12,000 0 31 CITY OF DIAMOND BAR ESTIMATED EXPENDITURES FY 1999-2000 1998-1999 City Manager City Council Adjusted Budget Recommended Approved CONTRACT SERVICES 45404 Contract Services -Fire Dept 7,360 7,360 TOTAL CONTRACT SVCS. 7,360 7,360 0 DIVISION TOTAL 7,360 7,360 0 32 CITY OF DIAMOND BAR ESTIMATED EXPENDITURES FY 1999-2000 1998-1999 City Manager City Council Adjusted Budget Recommended Approved CONTRACT SERVICES 45403 Contract Svcs -Animal Cntri 65,000 66,000 TOTAL CONTRACT SVCS. 65,000 66,000 0 DIVISION TOTAL 65,000 66,000 0 33 CITY OF DIAMOND BAR ESTIMATED EXPENDITURES FY 1999-2000 SUPPLIES 41200 Operating Supplies 41300 Small Tools & Equipment TOTAL SUPPLIES OPERATING EXPENDITURES 42110 Printing 42125 Telephone 42126 Utilities 42130 Rental/Lease - Equipment 42140 Rental/Lease - Real Prop 42200 Equipment Maintenance 42315 Membership & Dues 42320 Publications 42340 Education & Training 3,000 TOTAL OPERATING EXP. PROFESSIONAL SERVICES 1998-1999 City Manager City Council Adjusted Budget Recommended Approved 8,000 10,000 500 500 8,500 10,500 0 800 500 1,200 1,200 375 375 2,800 2,800 100 100 1,200 1,000 2,800 3,000 1,000 500 1,000 1,000 11,275 10,475 0 44040 Emergency Prep-Coordinatn 16,640 16,640 TOTAL PROF SVCS 16,640 16,640 0 CAPITAL OUTLAY 46230 Computer Equip -Hardware 500 7,400 46240 Communications Equipment 3,500 3,500 46250 Misc Equipment 3,000 4,000 46310 Bldg Improvements -Civic Ctr 500 500 7,500 15,400 0 DIVISION TOTAL 43,915 53,015 0 34 CITY OF DIAMOND BAR Department - Development Svcs • Planning • Building and Safety 35 CITY OF DIAMOND BAR ESTIMATED EXPENDITURES FY 1999-2000 PERSONNEL SERVICES 40010 Salaries 40020 Over -Time Wages 40030 Part -Time Salaries 40070 City Paid Benefits 40080 Retirement 40083 Worker's Comp. Exp. 40085 Medicare 40090 Cafeteria Benefits 42335 TOTAL PERSONNEL SUPPLIES 41200 Operating Supplies TOTAL SUPPLIES OPERATING EXPENDITURES 42110 Printing 42115 Advertising 42200 Equipment Maintenance 42310 Fuel 42315 Membership & Dues 42320 Publications 42325 Meetings 42330 Travel -Conferences 42335 Travel -Mileage & Auto Allow 42340 Education & Training 39,500 TOTAL OPERATING EXP. 1998-1999 City Manager City Council Adjusted Budget Recommended Approved 210,751 232,450 0 4,000 4,000 0 500 0 0 3,500 3,500 0 40,800 30,700 0 2,050 2,650 0 3,700 3,400 0 39,500 39,150 0 304,801 315,850 0 2,500 2,500 0 2,500 2,500 0 9,000 9,000 0 6,000 6,000 0 1,800 1,800 0 1,000 1,500 0 1,000 1,200 0 1,000 1,200 0 800 800 0 8,000 5,000 0 500 500 0 1,000 1,500 0 30,100 28,500 0 PROFESSIONAL SERVICES 44000 Professional Services 95,999 50,000 0 44100 Commission Compensation 7,000 7,000 0 44110 Commission Comp-SEATAC 500 1,000 0 44220 Planning - General Plan 15,000 25,000 0 44240 Prof Svcs - Environmental 10,000 20,000 0 44250 Planning - Projects 35,483 30,000 0 TOTAL PROF SVCS 163,982 133,000 0 CONTRACT SERVICES 45000 Contract Services 684,500 330,500 0 45213 CS -Code Enforcement 4,000 4,000 0 TOTAL CONTRACT SVCS. 688,500 334,500 0 CAPITAL OUTLAY 46220 Office Equipment -Furniture 3,000 1,000 3,000 1,000 0 ALLOCATED COSTS 48500 Alloc. Costs -Redevelopment (20,000) (20,000) 0 DIVISION TOTAL 1,172,883 795,350 0 36 CITY OF DIAMOND BAR ESTIMATED EXPENDITURES FY 1999-2000 PERSONNEL SERVICES 40010 Salaries 40020 Over -Time Wages 40030 Part -Time Salaries 40070 City Paid Benefits 40080 Retirement 40083 Worker's Comp. Exp. 40085 Medicare 40090 Cafeteria Benefits 42335 TOTAL PERSONNEL SUPPLIES 41200 Operating Supplies TOTAL SUPPLIES OPERATING EXPENDITURES 42110 Printing 42115 Advertising 42200 Equipment Maintenance 42310 Fuel 42315 Membership & Dues 42320 Publications 42325 Meetings 42330 Travel -Conferences 42335 Travel -Mileage & Auto Allow 42340 Education & Training 2,500 0 TOTAL OPERATING EXP. 1998-1999 City Manager City Council Adjusted Budget Recommended Approved 210,751 232,450 4,000 4,000 500 50,000 3,500 3,500 40,800 30,700 2,050 2,650 3,700 3,400 39,500 39,150 304,801 315,850 0 2,500 2,500 2,500 2,500 0 9,000 9,000 6,000 6,000 1,800 1,800 1,000 1,500 1,000 1,200 1,000 1,200 800 800 8,000 5,000 500 500 1,000 1,500 30,100 28,500 0 PROFESSIONAL SERVICES 44000 Professional Services 95,999 50,000 44100 Commission Compensation 7,000 7,000 44110 Commission Comp-SEATAC 500 1,000 44220 Planning - General Plan 15,000 25,000 44240 Prof Svcs - Environmental 10,000 20,000 44250 Planning - Projects 35,483 30,000 TOTAL PROF SVCS 163,982 133,000 0 CONTRACT SERVICES 45213 CS -Code Enforcement 4,000 4,000 TOTAL CONTRACT SVCS. 4,000 4,000 0 CAPITAL OUTLAY 46220 Office Equipment -Furniture 3,000 1,000 3,000 1,000 0 ALLOCATED COSTS 48500 Ailoc. Costs -Redevelopment (20,000) (20,000) DIVISION TOTAL 488,383 464,850 0 37 CITY OF DIAMOND BAR ESTIMATED EXPENDITURES FY 1999-2000 1998-1999 City Manager City Council Adjusted Budget Recommended Approved CONTRACT SERVICES 45000 Contract Services 684,500 330,500 TOTAL CONTRACT SVCS. 684,500 330,500 0 DIVISION TOTAL 684,500 330,500 0 38 CITY OF DIAMOND BAR Department - Community Services • Park Administration • City Parks Paul C. Grow Park Heritage Park Heritage Pk Com Center Maple Hill Park Pantera Park Peterson Park Ronald Reagan Park Starshine Park Summitridge Park Sycamore Canyon Park • Recreation 39 CITY OF DIAMOND BAR ESTIMATED EXPENDITURES FY 1999-2000 PERSONNEL SERVICES 40010 Salaries 40020 Over -Time Wages 40030 Part -Time Salaries 40070 City Paid Benefits 40080 Retirement 40083 Worker's Comp. Exp. 40085 Medicare 40090 Cafeteria Benefits 0 TOTAL PERSONNEL SUPPLIES DEPAMEIif'i` Cm��� Svcs ' DIVIt#IQN S�irOetaty 1998-1998 City Manager City Council Adjusted Budget Recommended Approved 226,400 234,700 0 3,000 3,000 0 100,900 59,850 0 4,450 3,600 0 41,850 31,150 0 6,700 8,650 0 9,150 8,100 0 49,450 40,550 0 441,900 389,600 0 41200 Operating Supplies 53,220 58,000 0 41300 Small Tools & Equipment 1,000 2,000 0 41400 Promotional Supplies 1,050 0 0 0 TOTAL SUPPLIES 23,886 70,400 0 55,270 60,000 0 OPERATING EXPENDITURES 45518 CS -Storm Damage 450 42125 Telephone 5,120 8,620 0 42126 42130 Utilities Rental/Lease of Equipment 189,915 201,860 0 42140 Rental/Lease of Real Prop 3,690 109,372 3,690 109,500 0 42200 Equipment Maintenance 1,800 1,800 0 42210 Maint. of Grounds/Bldgs 93,211 68,750 0 0 42310 42315 Fuel Membership & Dues 3,000 3,900 0 42320 Publications 350 100 350 0 42325 Meetings 550 100 550 0 42330 Travel -Conferences 6,000 6,000 0 0 42335 Travel -Mileage & Auto Allow 450 450 42340 Education & Training 1,900 11,900 0 0 42353 Annivesary Celebration 22,500 27,500 0 TOTAL OPERATING EXP. 437,958 444,970 0 PROFESSIONAL SERVICES 44000 Professional Services 2,200 2,200 44100 Commission Compensation 3,000 3,000 0 44300 Special Studies 18,686 65,200 0 0 TOTAL PROF SVCS 23,886 70,400 0 CONTRACT SERVICES 45518 CS -Storm Damage 450 450 45300 CS -Community Svcs 590,610 653,090 0 0 40 CITY OF DIAMOND BAR ESTIMATED EXPENDITURES FY 1999-2000 1998-1999 City Manager City Council Adjusted Budget Recommended Approved 45305 CS -Concerts in the Park 19,000 20,000 0 45310 CS -Excursions 50,000 50,000 0 TOTAL CONTRACT SVCS. 660,060 723,540 0 CAPITAL OUTLAY 46250 Misc Equipment 59,400 9,900 0 46410 Capital Improvements 31,500 26,000 0 90,900 35,900 0 DIVISION TOTAL 1,709,974 41 1,724,410 0 PERSONNEL SERVICES 40010 Salaries 40020 Over -Time Wages 40030 Part -Time Salaries 40070 City Paid Benefits 40080 Retirement 40083 Worker's Comp. Exp. 40085 Medicare 40090 Cafeteria Benefits 6,400 TOTAL PERSONNEL SUPPLIES 41200 Operating Supplies 41300 Small Tools & Equipment 41400 Promotional Supplies TOTAL SUPPLIES 1998-1999 City Manager city L;ouncn Approved Adjusted Budget Recommended 122,900 122,900 Telephone 1,000 59,850 59,850 1,650 1,650 19,850 16,350 5,350 7,250 6,400 6,400 18,550 18,550 0 234,550 233,950 OPERATING EXPENDITURES 42110 Printing 42115 Advertising 42125 Telephone 42130 Rental/Lease of Equipment 42200 Equipment Maintenance 42210 Maint. of Grounds/Bldgs 42310 Fuel 42315 Membership & Dues 42320 Publications 42325 Meetings 42330 Travel -Conferences 42335 Travel -Mileage & Auto Allow 42340 Education & Training 52,200 0 TOTAL OPERATING EXP. PROFESSIONAL SERVICES 44000 Professional Services 44300 Special Studies TOTAL PROF SVCS CONTRACT SERVICES 8,000 8,000 1,000 2,000 9,000 10,000 0 45300 Contract Services 450 450 45518 CS -Storm Damage 450 450 0 TOTAL CONTRACT SVCS. CAPITAL OUTLAY 4,400 4,400 46250 Misc Equipment 4,400 4,400 0 DIVISION TOTAL 272,596 324,490 0 42 3,500 3,140 3,140 1,800 1,800 450 450 3,000 3,900 350 350 100 100 100 100 6,000 6,000 450 450 1,500 1,500 16,890 21,290 0 2,200 2,200 5,106 52,200 0 r,306 54,400 45300 Contract Services 450 450 45518 CS -Storm Damage 450 450 0 TOTAL CONTRACT SVCS. CAPITAL OUTLAY 4,400 4,400 46250 Misc Equipment 4,400 4,400 0 DIVISION TOTAL 272,596 324,490 0 42 CITY OF DIAMOND BAR OKFAN Corl. Svcs ESTIMATED EXPENDITURES ON F�Bu# ��t t'Pack FY 1999-2000REkl f13i 1 1998-1999 City Manager City Council Adjusted Budget Recommended Approved OPERATING EXPENDITURES 42125 Telephone 42126 Utilities 10,000 10,250 42140 Rental/Lease -Real Prop 18,000 18,500 42210 Maint. of Grounds/Bldgs 4,000 4,000 TOTAL OPERATING EXP. 32,000 32,750 0 CONTRACT SERVICES 45300 CS-Community Services 10,700 10,700 TOTAL CONTRACT SVCS. 10,700 10,700 0 DIVISION TOTAL 42,700 43,450 0 43 CITY OF DIAMOND BAR ESTIMATED EXPENDITURES FY 1999-2000 1998-1999 City Manager City Council Adjusted Budget Recommended Approved OPERATING EXPENDITURES 42125 Telephone 720 720 42126 Utilities 11,840 12,200 42210 Maint. of Grounds/Bldgs 5,700 5,700 TOTAL OPERATING EXP. 18,260 18,620 0 CONTRACT SERVICES 45300 CS -Community Services 7,600 7,210 TOTAL CONTRACT SVCS. 7,600 7,210 0 CAPITAL OUTLAY 46250 Misc Equipment 1,000 1,500 1,000 1,500 0 DIVISION TOTAL 26,860 27,330 0 44 CITY OF DIAMOND ESTIMATED EXPENDITURES FY 1999-2000GANt,1�ATlit�,� BAR DE�AI�MEN�`,muni>ysu i3tV#$I1 liatm Ctrl 1998-1998 City Manager City Council Adjusted Budget Recommended Approved PERSONNEL SERVICES 40010 Salaries 24,350 24,350 40070 City Paid Benefits 550 550 40080 Retirement 3,950 3,250 40083 Worker's Comp. Exp. 150 200 40085 Medicare 400 400 40090 Cafeteria Benefits 6,150 6,150 TOTAL PERSONNEL 35,550 34,900 0 SUPPLIES 41200 Operating Supplies 5,000 5,000 41300 Small Tools & Equipment TOTAL SUPPLIES 5,000 5,000 0 OPERATING EXPENDITURES 42125 Telephone 800 800 42126 Utilities 14,700 15,700 42200 Equipment Maintenance 42210 Maint. of Grounds/Bldgs 5,000 5,000 TOTAL OPERATING EXP. 20,500 21,500 0 DIVISION TOTAL 61,050 61,400 0 45 CITY OF DIAMOND BAR ESTIMATED EXPENDITURES FY 1999-2000 1998-1999 City Manager City Council Adjusted Budget Recommended Approved OPERATING EXPENDITURES 42125 Telephone 600 600 42126 Utilities 13,650 14,000 42210 Maint. of Grounds/Bldgs 4,600 4,600 TOTAL OPERATING EXP. 18,850 19,200 0 CONTRACT SERVICES 45300 CS -Community Services 8,800 8,800 TOTAL CONTRACT SVCS. 8,800 8,800 0 CAPITAL OUTLAY 46410 Capital Improvements 10,000 10,000 10,000 10,000 0 DIVISION TOTAL 37,650 38,000 0 46 CITY OF DIAMOND BAR ESTIMATED EXPENDITURES FY 1999-2000 1998-1999 City Manager City Council Adjusted Budget Recommended Approved SUPPLIES 41400 Promotional Supplies 1,050 TOTAL SUPPLIES 1,050 0 0 OPERATING EXPENDITURES 42125 Telephone 42126 Utilities 56,500 57,920 42130 Rental/Lease of Equipment 550 550 42210 Maint. of Grounds/Bldgs 11,900 11,900 TOTAL OPERATING EXP. 68,950 70,370 0 CONTRACT SERVICES 45300 CS -Community Services 30,100 30,680 TOTAL CONTRACT SVCS. 30,100 30,680 0 CAPITAL OUTLAY 46250 Misc Equipment 22,000 22,000 0 0 DIVISION TOTAL 122,100 47 101,050 0 CITY OF DIAMOND BAR ESTIMATED EXPENDITURES FY 1999-2000 1998-1999 City Manager City Council Adjusted Budget Recommended Approved OPERATING EXPENDITURES 42125 Telephone 600 600 42126 Utilities 22,000 29,000 42210 Maint. of Grounds/Bldgs 5,761 5,800 TOTAL OPERATING EXP. 28,361 35,400 0 CONTRACT SERVICES 45300 CS -Community Services 17,500 17,840 TOTAL CONTRACT SVCS. 17,500 17,840 0 CAPITAL OUTLAY 46410 Capital Improvements 4,000 4,000 0 0 DIVISION TOTAL 49,861 53,240 0 46 CITY OF DIAMOND BAR ESTIMATED EXPENDITURES FY 1999-2000 1998-1999 City Manager City Council Adjusted Budget Recommended Approved OPERATING EXPENDITURES 4,000 46410 Capital Improvements 17,500 42125 Telephone 600 600 42126 Utilities 16,000 16,400 42210 Maint. of Grounds/Bldgs 4,500 4,500 TOTAL OPERATING EXP. 21,100 21,500 0 CONTRACT SERVICES 45300 CS -Community Services 12,200 12,420 TOTAL CONTRACT SVCS. 12,200 12,420 0 CAPITAL OUTLAY 46250 Misc Equipment 1,000 4,000 46410 Capital Improvements 17,500 16,000 18,500 20,000 0 DIVISION TOTAL 51,800 53,920 0 49 CITY OF DIAMOND BAR ESTIMATED EXPENDITURES FY 1999-2000 DEpARTMEAtT: Gammurtity Svcs DtY13tQNStars ineilpapk, 0RI11Tlt�M li: ,! Ci01'=535 1998-1999 City Manager City Council OPERATING EXPENDITURES Adjusted Budget Recommended Approved 42126 Utilities 9,000 9,230 42210 Maint. of Grounds/Bldgs 800 800 TOTAL OPERATING EXP. 9,800 10,030 0 CONTRACT SERVICES 45300 CS -Community Services 4,400 4,400 TOTAL CONTRACT SVCS. 4,400 4,400 0 CAPITAL OUTLAY 46250 Misc Equipment DIVISION TOTAL 50 1.000 1,000 0 0 15,200 14,430 0 CITY OF DIAMOND BAR ESTIMATED EXPENDITURES FY 1999-2000 OPERATING EXPENDITURES 42125 Telephone 42126 Utilities 42210 Maint. of Grounds/Bldgs TOTAL OPERATING EXP. �EPAFtTMENT mm�r�tty ��cs [7tYIN 9,�t1»t P#c >QR�,1�+►71t�lSi #, 4D1?5328 1998-1999 City Manager City Council Adjusted Budget Recommended Approved 23,100 23,700 6,000 7,000 29,100 30,700 0 CONTRACT SERVICES 45300 CS -Community Services 24,100 24,540 TOTAL CONTRACT SVCS. 24,100 24 540 0 CAPITAL OUTLAY 46250 Misc Equipment DIVISION TOTAL 51 1,000 1,000 0 0 54,200 55,240 0 CITY OF DIAMOND BAR ESTIMATED EXPENDITURES FY 1999-2000 1998-1999 City Manager City Council Adjusted Budget Recommended Approved OPERATING EXPENDITURES 42125 Telephone 1,800 1,800 42126 Utilities 13,125 13,460 42210 Maint. of Grounds/Bldgs 44,500 19,000 TOTAL OPERATING EXP. 59,425 34,260 0 CONTRACT SERVICES 45300 CS -Community Services 18,200 17,500 TOTAL CONTRACT SVCS. 18,200 17,500 0 CAPITAL OUTLAY 46250 Misc Equipment 1,000 1,000 0 0 DIVISION TOTAL 78,625 51,760 0 52 CITY OF DIAMOND BAR ESTIMATED EXPENDITURES FY 1999-2000 PERSONNEL SERVICES 40010 Salaries 40020 Over -Time Wages 40030 Part -Time Salaries 40070 City Paid Benefits 40080 Retirement 40083 Worker's Comp. Exp. 40085 Medicare 40090 Cafeteria Benefits 120,750 0 TOTAL PERSONNEL SUPPLIES 41200 Operating Supplies TOTAL SUPPLIES OPERATING EXPENDITURES 1998-1999 City Manager City Council Adjusted Budget Recommended Approved 79,150 87,450 3,000 2,000 41,050 Meetings 2,250 1,400 18,050 11,550 1,200 1,200 2,350 1,300 24,750 15,850 171,800 120,750 0 40,220 45,000 40,220 45,000 0 42140 Rental/Lease of Real Prop 91,372 91,000 42325 Meetings 450 450 42340 Education & Training 400 10,400 42353 Annivesary Celebration 22,500 27,500 CAPITAL OUTLAY TOTAL OPERATING EXP. 114,722 129,350 0 PROFESSIONAL SERVICES 28,000 44100 Commission Compensation 3,000 3,000 44300 Special Studies 13,580 13,000 TOTAL PROF SVCS 16,580 16,000 0 CONTRACT SERVICES 45300 CS -Community Svcs 457,010 519,000 45305 CS -Concerts in the Park 19,000 20,000 45310 CS -Excursions 50,000 50,000 TOTAL CONTRACT SVCS. 526,010 589,000 0 CAPITAL OUTLAY 46250 Misc Equipment 28,000 28,000 0 0 DIVISION TOTAL 897,332 900,100 0 53 CITY OF DIAMOND BAR Department - Public Works • Public Works • Engineering • Traffic & Transportation • Envir Enhancement Pgm • Landscape Maintenance 55 CITY OF DIAMOND BAR ESTIMATED EXPENDITURES FY 1999-2000 PERSONNEL SERVICES 40010 Salaries 40020 Over -Time Wages 40030 Part -Time Salaries 40070 City Paid Benefits 40080 Retirement 40083 Worker's Comp. Exp. 40085 Medicare 40090 Cafeteria Benefits 0 TOTAL PERSONNEL SUPPLIES 41200 Operating Supplies TOTAL SUPPLIES DEP/IR'I'MBIlB'i` Public 1i�laFlcs 01'i►�l�sl.; Suf'ri�'tAtty 1998-1999 City Manager City Council Adjusted Budget Recommended Approved 6,400 6,500 0 187,950 263,600 0 3,000 2,000 0 11,400 17,100 0 2,750 3,750 0 31,150 37,250 0 1,300 2,200 0 3,750 4,150 0 29,850 41,900 0- 271J50 371,950 0 2,500 3,000 0- 2,500 3,000 0 OPERATING EXPENDITURES 0 42110 Printing 6,400 6,500 0 42115 Advertising 1,100 1,100 0 42126 Utilities 50,000 50,000 0 42315 Membership & Dues 600 650 0 42320 Publications 300 300 0 42325 Meetings 1,000 1,000 0 42330 Travel -Conferences 2,800 2,800 0 42335 Travel -Mileage & Auto Allow 100 100 0 42340 Education & Training 2,250 2,250 0 42360 Graffiti Reward Program 500 500 0 TOTAL OPERATING EXP. 65,050 65,200 PROFESSIONAL SERVICES 0 44000 Professional Services 14,715 9,500 0 44100 Commission Compensation 3,000 3,000 0 44230 Planning -Pavement Mgt 5,000 5,000 0 44240 Prof Svcs -Environmental 10,000 20,000 44520 Engineering TOTAL PROF SVCS 0 00 32,715 37,500 0 CONTRACT SERVICES 0 45221 CS - Engineering 28,020 25,000 0 45222 CS - Traffic 36,306 10,000 0 45223 CS - Plan Checking 111,816 90,000 45224 CS - Soils 2,500 2,500 0 0 45226 CS - Surveying 1,500 1,500 0 45227 CS - Inspection 163,527 140,000 56 CITY OF DIAMOND BAR oT Pua Works ESTIMATED EXPENDITURES OI{fIQ: ;icrrirary FY 1999-2000 07'iKa X10 to 5558 19984999 City Manager City Council Adjusted Budget Recommended Approved 45500 CS - Public Wks 0 11,330 0 45501 CS - Street Sweeping 120,000 120,000 0 45502 CS - Road Maintenance 290,000 300,000 0 45503 CS - Parkway Maint 6,500 6,500 0 45506 CS - Striping & Signing 60,000 90,000 0 45507 CS - Traffic Signal Maint 149,752 150,000 0 45508 CS - Vegetation Control 56,000 56,000 0 45509 CS - Tree Maintenance 90,000 90,000 0 45510 CS - Tree Watering 23,000 23,000 0 45512 CS - Storm Drainage 7,000 7,500 0 45520 CS - Graffiti Removal 35,000 35,000 0 45521 CS - Litter Abatement 10,100 10,100 0 45522 CS - Right of Way Maint 40,000 50,000 0 45530 CS - Industrial Waste 12,000 12,000 0 TOTAL CONTRACT SVCS. 1,243,021 1,230,430 0 CAPITAL OUTLAY 46200 Office Equipment 5,752 1,000 0 46220 Office Equip-Fumiture 3,500 3,500 0 9,252 4,500 0 ALLOCATED COSTS 48500 Alloc. Costs -Redevelopment (55,000) (55,000) 0 DIVISION TOTAL 1,568,688 1,657,580 0 57 CITY OF DIAMOND BAR IDEPAR'IfMIT• Pblilloels ESTIMATED EXPENDITURES Advertising 011tH. Public V Admin `; FY 1999-2000R. Utilities T 50,000 42315 1998-1999 City Manager City Council 42320 Adjusted Budget Recommended Approved PERSONNEL SERVICES Meetings 149,752 150,000 40010 Salaries 80,000 131,500 1,500 40020 Over-Time Wages 3,000 2,000 1,500 40030 Part-Time Salaries 11,400 17,100 56,600 0 40070 City Paid Benefits 1,100 1,750 874,500 0 40080 Retirement 13,700 19,750 40083 Worker's Comp. Exp. 600 1,100 40085 Medicare 2,150 2,200 40090 Cafeteria Benefits 11,600 19,750 TOTAL PERSONNEL 123,550 195,150 0 SUPPLIES 41200 Operating Supplies 2,500 3,000 TOTAL SUPPLIES 2,500 3,000 0 OPERATING EXPENDITURES 42110 Printing 2,000 2,000 42115 Advertising 1,000 1,000 42126 Utilities 50,000 50,000 42315 Membership & Dues 250 300 42320 Publications 300 300 42325 Meetings 149,752 150,000 42330 Travel -Conferences 1,500 1,500 42340 Education & Training 1,500 1,500 45530 TOTAL OPERATING EXP. 56,550 56,600 0 PROFESSIONAL SERVICES 44000 Professional Services 6,500 5,000 44230 Planning -Pavement Mgt 5,000 5,000 44240 Prof Svcs -Environmental 10,000 20,000 44520 Engineering 290,000 300,000 45506 TOTAL PROF SVCS 21,500 30,000 0 CONTRACT SERVICES 45221 CS - Engineering 12,820 15,000 45227 CS - Inspection 156,347 130,000 45501 CS - Street Sweeping 120,000 120,000 45502 CS - Road Maintenance 290,000 300,000 45506 CS - Striping & Signing 60,000 90,000 45507 CS - Traffic Signal Maint 149,752 150,000 45512 CS - Storm Drainage 7,000 7,500 45522 CS - Right of Way Maint 40,000 50,000 45530 CS - Industrial Waste 12,000 12,000 TOTAL CONTRACT SVCS. 847,919 874,500 0 58 CITY OF DIAMOND BAR ESTIMATED EXPENDITURES FY 1999-2000 CAPITAL OUTLAY 46200 Office Equipment 46220 Office Equip-Fumiture ALLOCATED COSTS 48500 Alloc. Costs -Redevelopment DIVISION TOTAL 1998-1999 City Manager City Council Adjusted Budget Recommended Approved 5,752 1,000 3,500 3,500 9,252 4,500 0 (55,000) (55,000) 1,006,271 1,108,750 0 59 CITY OF DIAMOND BAR ESTIMATED EXPENDITURES FY 1999-2000 OPERATING EXPENDITURES 42315 Membership & Dues 1998-1999 City Manager City Council 42320 Publications Adjusted Budget Recommended Approved PERSONNEL SERVICES Meetings 500 40010 Salaries 75,550 99,700 40070 City Paid Benefits 1,100 1,450 40080 Retirement 12,200 13,200 40083 Workers Comp. Exp. 500 800 40085 Medicare 1,100 1,450 40090 Cafeteria Benefits 12,100 16,000 TOTAL PERSONNEL 102,550 132,600 0 OPERATING EXPENDITURES 42315 Membership & Dues 250 250 42320 Publications 111,816 90,000 42325 Meetings 500 500 42330 Travel -Conferences 800 800 42335 Travel -Mileage & Auto Allow 100 100 42340 Education & Training 750 750 TOTAL OPERATING EXP. 2,400 2,400 0 CONTRACT SERVICES 45221 CS - Engineering 15,200 10,000 45223 CS - Plan Checking 111,816 90,000 45224 CS - Soils 2,500 2,500 45226 CS - Surveying 1,500 1,500 45227 CS - Inspection 7,180 10,000 TOTAL CONTRACT SVCS. 138,196 114,000 0 DIVISION TOTAL 243,146 249,000 0 60 CITY OF DIAMOND BAR ESTIMATED EXPENDITURES FY 1999-2000 PERSONNEL SERVICES 40010 Salaries 40070 City Paid Benefits 40080 Retirement 40083 Worker's Comp. Exp. 40085 Medicare 40090 Cafeteria Benefits 44,200 0 TOTAL PERSONNEL 1998-1999 City Manager City Council Adjusted Budget Recommended Approved 32,400 32,400 550 550 5,250 4,300 200 300 500 500 6,150 6,150 45,050 44,200 0 OPERATING EXPENDITURES 42110 Printing 4,400 4, 500 42115 Advertising 100 100 42315 Membership & Dues 100 100 42320 Publications 42325 Meetings 500 500 42330 Travel -Conferences 500 500 42340 Education & Training TOTAL OPERATING EXP. 5,600 5,700 0 PROFESSIONAL SERVICES 44000 Professional Services 8,215 4,500 44100 Commission Compensation 3,000 3,000 TOTAL PROF SVCS 11,215 7,500 0 CONTRACT SERVICES 45222 CS - Traffic 36,306 10,000 TOTAL CONTRACT SVCS. 36,306 10,000 0 DIVISION TOTAL 98,171 67,400 0 ,'9l CITY OF DIAMOND BAR ESTIMATED EXPENDITURES FY 1999-2000 1998-1999 City Manager City Council Adjusted Budget Recommended Approved CONTRACT SERVICES 45500 Contract Services 11,330 TOTAL CONTRACT SVCS. 0 11,330 0 DIVISION TOTAL 0 11,330 0 62 CITY OF DIAMOND BAR ESTIMATED EXPENDITURES FY 1999-2000 1998-1999 City Manager City Council Adjusted Budget Recommended Approved OPERATING EXPENDITURES 42360 Graffiti Reward Program 500 500 TOTAL OPERATING EXP. 500 500 0 CONTRACT SERVICES 45503 CS - Parkway Maint 6,500 6,500 45508 CS - Vegetation Control 56,000 56,000 45509 CS - Tree Maintenance 90,000 90,000 45510 CS - Tree Watering 23,000 23,000 45520 CS - Graffiti Removal 35,000 35,000 45521 CS - Litter Abatement 10,100 10,100 TOTAL CONTRACT SVCS. 220,600 220,600 0 DIVISION TOTAL 221,100 221,100 0 63 CITY OF DIAMOND BAR Department - Transfers Out • Transfers Out 64 CITY OF DIAMOND BAR ESTIMATED EXPENDITURES FY 1999-2000 65 1998-1999 City Manager City Council Adjusted Budget Recommended Approved OPERATING TRANSFERS OUT 49011 Transfer Out -Com Orgnztn Fd 27,800 20,000 49250 Transfer Out-CIP Fund 199,868 680,000 49510 Transfer Out -Self Ins Fund 160,000 214,000 49520 Transfer Out -Equip Replcmt 80,000 DIVISION TOTAL 387,668 994,000 0 65 SPECIAL FUNDS BUDGETS 67 CITY OF DIAMOND BAR SPECIAL FUNDS BUDGET FY 1999-2000 LIBRARY SERVICES FUND FUND DESCRIPTION: This fund was establised in FY 95-96 to account for revenues and expenditures related to the possibility that the City would supplement the LA County Public Library funding. In FY 95-96 the City implemented a computer system in which the City has provided furniture, computers, printer, and modem access. This budget reflects the continuance of this program. 1998-1999 City Manager City Council ESTIMATED RESOURCES Adjusted Budget Recommended Approved 25500 Approp Fund Balance 109,957 99,327 36100 Interest Revenue 6,000 6,000 TOTAL 115,957 105,327 - PERSONNEL SERVICES 5355-40010 Salaries 4,100 4,100 5355-40070 City Paid Benefits 100 100 5355-40080 Retirement 500 550 5355-40083 Workers Comp Expense 50 50 5355-40085 Medicare Expense 60 60 5355-40090 Cafeteria Benefits 820 820 OPERATING EXPENDITURES 5355-42125 Telephone 5355-42205 Computer Maintenance CAPITAL OUTLAY 5355-46230 Computer Equip -Hardware 5355-46235 Computer Equip - Software 5,630 5,680 1,000 1,200 3,000 1,500 3,000 1,500 5,000 6,500 3,000 2,000 8,000 8,500 - FUND BALANCE RESERVES 25500 Reserve 99,327 89,647 Total Fund Balance Res. 99,327 89,647 0 TOTAL 115,957 105,327 - 68 CITY OF DIAMOND BAR SPECIAL FUNDS BUDGET FY 1999-2000 COMMUNITY ORGANIZATION SUPPORT FUND FUND DESCRIPTION: This fund was established in FY97-98 to account fot transfers and expenditures related to the City Council's policy to support various non profit.community organizations which are of a benefit to the City's residents. The source of revenue for this fund is from the forebearance by City Council members of salaries and benefits which would normally be paid or provided to them for serving on the City Council. In FY98-99 the City Council increased the General Fund transfer amount to show their ever increasing interest and support of the City's non profit community organizations. The City Council as a whole, decides how these funds are to be distributed. 1998-1999 City Manager City Council Adjusted Budget Recommended Approved ESTIMATED RESOURCES 25500 Approp Fund Balance 281 281 39001 Transfer -in General Fund 27,800 20,000 TOTAL 28,081 20,281 - OPERATING EXPENDITURES 4030-42355 Contributions - Com Groups FUND BALANCE RESERVES 25500 Reserve Total Fund Balance Res. TOTAL 69 27,800 20,000 27,800 20,000 281 281 281 281 28,081 20,281 0 SPECIAL REVENUE FUNDS 71 CITY OF DIAMOND BAR SPECIAL FUNDS BUDGET FY 1999-2000 GAS TAX FUND FUND DESCRIPTION: The City receives funds from Sections 2105, 2106, 2107, and 2107.5 of the Streets and Highway Code. State law requires that these revenues be recorded in a Special Revenue Fund, and that they be utilized solely for street related purposes such as new construction, rehabilitation or maintenance. 1998-1999 City Manager City Council Adjusted Budget Recommended Approved ESTIMATED RESOURCES 25500 Approp Fund Balance 2,701,300 1,545,000 31705 Gax Tax - 2105 314,700 446,810 31710 Gas Tax - 2106 206,600 271,285 31720 Gas Tax - 2107 435,700 625,510 31730 Gas Tax - 2107.5 7,500 7,500 36100 Interest Revenue 145,000 150,000 TOTAL 3,810,800 3,046,105 - 14499 Lemon Ave a Lycoming Str TRANSFERS OUT 14599 Gldn Spgs (a Rapidview 9915-49001 Transfer to General Fund 759,658 783,200 9915-49250 Transfer to CIP Fund 2,212,500 2,262,500 Total Capital Outlay 2,972,158 3,045,700 0 FUND BALANCE RESERVES 25500 Reserve 838,642 405 Total Fund Balance Res. 838,642 405 0 TOTAL 3,810,800 3,046,105 0 CAPITAL PROJECTS INCLUDE: 01499 Slurry Seal - Area #2 350,000 12299 Chinook/San Leandro -Seepage 500,000 13499 Br Cyn -Pathfinder -Southerly City Limit 350,000 14099 Brea Cyn @ Glenbrook 130,000 14199 Brea Cyn 0_ Diamond Crest Lane 72,500 14299 Brea Cyn C Silver Bullet 130,000 14399 Diamond Bar Bid Q NB 57 130,000 14499 Lemon Ave a Lycoming Str 130,000 14599 Gldn Spgs (a Rapidview 70,000 Area 2 - Residential Street Improvements 350,000 City Wide School Safety/Traffic Improvements 50,000 2,262,500 72 CITY OF DIAMOND BAR SPECIAL FUNDS BUDGET FY 1999-2000 PROPOSITION A FUND FUND DESCRIPTION: FVND TYPE; Special Rev rtue FL1NCTlc?llr; DwlEsli� Trwnwpo.i., FUNb The City receives Proposition A Transit Tax which is a voter approved sales tax override for public transportation purposes. This fund has been established to account for these revenues and approved project expenditures. 900 5,850 5,450 1998-1999 City Manager City Council ESTIMATED RESOURCES Adjusted Budget Recommended Approved 25500 Approp Fund Balance 1,634,262 1,807,000 31310 Transportation Tax 630,150 668,100 34850 Transit Subsidy Prgrm Rev 285,000 317,000 36100 Interest Revenue 90,000 90,000 TOTAL 2,639,412 2,882,100 - PERSONNEL SERVICES 5553-40010 Salaries 5553-40070 City Paid Benefits 5553-40080 Benefits 5553-40083 Workers Comp Expense 5553-40085 Medicare Expense 5553-40090 Cafeteria Benefits OPERATING EXPENDITURES 5553-42315 Membership & Dues CONTRACT SERVICES 5360-45310 CS - Excursions 5360-45315 CS - Holiday Shuttle 5553-45527 Bus Bench Maintenance 5553-45528 Publ Transit Svcs 5553-45529 Para -Transit Dial a Cab 5553-45553 Transit Subsidy Program 5553-45535 Transit Subsidy -Fares CAPITAL EXPENDITURES 5553-46420 Misc. Capital Improvements MISC EXPENDITURES 4090-47230 Contr to Other Govts. TRANSFERS OUT 9915-49250 Transfer to CIP Fund Total Capital Outlay 35,900 40,100 900 900 5,850 5,450 250 350 550 600 9,850 9,850 53,300 57,250 - 7,500 7,500 7,500 7,500 _ 37,000 37,000 25,000 3,000 3,500 7,000 4,000 4,000 302,000 302,000 115,000 130,000 285,000 317,000 771,500 800,000 - 9,000 - 9,000 - 310,000 - 310,000 _ 100,000 250,000 100,000 250,000 0 FUND BALANCE RESERVES 25500 Reserve 11707,112 1.448,350 Total Fund Balance Res. 1,707,112 1,448,350 0 TOTAL 2,639,412 2,882,100 73 CITY OF DIAMOND BAR SPECIAL FUNDS BUDGET FY 1999-2000 PROPOSITION C FUND FUND DESCRIPTION. FU Nr3 TYI `Specie( Revenue F IIrF T[ON .' Il rtM0W. F19Q 113 The City receives Proposition C Tax which is additional allocations of State Gax Tax funds from Los Angeles County. These funds must be used for street -related purposes such as construction, rehabilitation or maintenance. These projects must be transit related improvements. In order to spend these funds, the City must submit the project to the County for prior approval. ESTIMATED RESOURCES 25500 Approp Fund Balance 31320 Transportation Tax Prop C -Discretionary Funds 36100 Interest Revenue TOTAL TRANSFERS OUT 9915-49001 Transfer to Gen Fund 9915-49250 Transfer to CIP Fund Total Capital Outlay 1998-1999 City Manager City Council Adjusted Budget Recommended Approved 1,956,855 2,563,455 526,600 554,800 13499 BCR-Pthfndr to Sthrly CLmt 1,236,000 85,000 100,000 2,568,455 4,454,255 _ 5,000 5,000 1,160,000 2,738,500 1,165,000 2,743,500 0 FUND BALANCE RESERVES 25500 Reserve 1,403,455 1,710,755 Total Fund Balance Res. 1,403,455 1,710,755 0 TOTAL 2,568,455 4,454,255 CAPITAL PROJECTS INCLUDE: 13199 Gldn Spgs-BCR-Wstrly CLmt 900,000 13299 Gldn Spgs-Grand to Torito 78,500 13499 BCR-Pthfndr to Sthrly CLmt 1,760,000 2,738,500 74 FUND DESCRIPTION: The 1991 Intermodal Surface Transportation Efficency Act is a federal act which allocates resources to local agencies for the improvement of streets and roadways. The City receives their apportionment via Cal Trans. These funds are held in trust for the City until qualified projects have been identified. As a result, the estimated revenue listed includes previous years' apportionments. ESTIMATED RESOURCES 31840 ISTEA Revenue 31845 TEA -21 Revenue TOTAL TRANSFERS OUT 9915-49250 Transfer to CIP Fund Total Capital Outlay FUND BALANCE RESERVES 25500 Reserve Total Fund Balance Res. TOTAL CAPITAL PROJECTS INCLUDE: 13299 Gldn Spgs-Grand to Torito Ln 1998-1999 City Manager City Council Adjusted Budget Recommended Approved 600,000 627,500 - 364,000 600,000 991,500 600,000 991,500 600,000 991,500 0 0 0 u 600,000 991,500 0 75 991,500 CITY OF DIAMOND BAR SPECIAL FUNDS BUDGET FY 1999-2000 FU�� NPE .�peelal i3Gvonia.a i FUNCTIOM 1+Vaste 41gt INTEGRATED WASTE MANAGEMENT FUND FUND DESCRIPTION: The Integrated Waste Management Fund was created during FY90-91, to account for expenditures and revenues related to the activities involved with the City's efforts to comply with AB939. Revenues recorded in this fund are the adopted waste hauler fees and funds received from the State for recycling education and efforts. This includes the Used Motor Oil Block Grant revenue. ESTIMATED RESOURCES 25500 Approp Fund Balance 31870 Used Motor Oil Block Grant 34820 AB939 Admin Fees 36100 Interest Revenue 5,000 TOTAL PERSONNEL SERVICES 5515-40010 Salaries 5515-40070 City Paid Benefits 5515-40080 Retirement 5515-40083 Worker's Comp. Exp. 5515-40085 Medicare 5515-40090 Cafeteria Benefits Total Personnel SUPPLIES 5515-41200 Operating Supplies 5515-14000 Promotional Supplies OPERATING EXPENDITURES 5515-42110 Printing 5515-42115 Advertising 5515-42130 Rental/Lease of Equip 5515-42315 Membership/Dues 5515-42320 Publications 5515-42325 Meetings 5515-42330 Travel-Conf & Meetings 5515-42340 Education & Training 551542355 Contributions -Com. Groups Total Operating Exp. PROFESSIONAL SERVICES 5515-44000 Professional Services Total Prof. Svcs. CONTRACT SERVICES 5515-45500 CS -Public Works Total Contract Svcs. FUND BALANCE RESERVES 25500 Reserve Total Fund Balance Res. TOTAL 1998-1999 City Manager City Council Adjusted Budget Recommended Approved 188,334 193,384 17,000 19,000 80,000 80,000 7,000 12,000 292,334 304,384 _ 27,250 27,250 400 400 4,400 3,600 200 250 400 400 4,100 4 100 36, 750 36, 000 0 1,500 1,500 10,006 8,000 11, 506 9, 500 0 3,240 10,000 500 5,000 754 100 100 200 100 500 500 500 500 400 500 500 2,500 6,694 19,200 0 4,000 4,000 4, 000 4,000 p 40,000 45,000 40,000 45,000 0 193,384 684 190'190, 193,384 190,684 0 292,334 ------104,384 0 76 VI II T yr VlAmvroly mAK SPECIAL FUNDS BUDGET FY 1999-2000 AIR QUALITY IMPROVEMENT FUND FUND DESCRIPTION: This fund was established in FY91-92 to account for revenues received as a result of AB2766. AB2766 authorized the imposition of an additional motor vehicle registration fee to fund the implementation of air quality management plance and provisions of the California Clean Air Act of 1988. Included within this year's budget are funds for the implementation of the air quality improvement element and funding for the City on Line program. 1998-1999 City Manager City Council Adjusted Budget Recommended Approved ESTIMATED RESOURCES 27,800 450 25500 Approp Fund Balance 150,083 146,823 31810 Pollution Reduction Fees 45,000 45,000 36100 Interest Revenue 10,000 12,000 TOTAL 205,083 203,823 - PERSONNEL SERVICES 5098-40010 Salaries 5098-40070 City Paid Benefits 5098-40080 Retirement 5098-40083 Workers Comp. Exp. 5098-40085 Medicare 5098-40090 Cafeteria Benefits Total Personnel OPERATING EXPENDITURES 27,800 27,800 450 450 4,500 3,700 200 250 410 410 4,900 4,900 38,260 37,510 0 5098-42125 Telephone 3,000 3,000 5098-42205 Computer Maintenance 1,000 1,000 5098-42315 Membership/Dues 1,000 1,000 5098-42325 Meetings 0 100 Total Operating Exp. 5,000 5,100 0 PROFESSIONAL SERVICES 5098-44000 Professional Services Total Prof. Svcs. CONTRACT SERVICES 5098-45500 CS -Public Works Total Contract Svcs. CAPITAL OUTLAY 5098-46230 Computer Equip -Hardware 5098-46235 Computer Equip -Software 5,000 6,500 5,000 6,500 0 6,000 6,000 6,000 6,000 0 4,000 5,000 27,000 116,000 31,000 121,000 0 FUND BALANCE RESERVES 25500 Reserve 119,823 27,713 Total Fund Balance Res. 119,823 27,713 0 TOTAL 205,083 203,823 0 77 CITY OF DIAMOND BAR SPECIAL FUNDS BUDGET FY 1999-2000 SB 821 FUND FUND DESCRIPTION: The state allocates funds to cities for the specific purpose of the construction of bike and pedestrian paths via SB821. This fund has been established to account for transactions related to the receipt and expenditure of these funds. The annual allocation of these funds have been on reserve with the County in anticipation of the improvements to Brea Canyon road. 1998-1999 City Manager City Council Adjusted Budget Recommended Approved ESTIMATED RESOURCES 25500 CIP Reserve 12,950 14,200 31810 SB821 Revenue -Current Yr 23,600 31810 SB821 Revenue -Reserves 22,500 52,200 TOTAL 35,450 90,000 - TRANSFERS OUT 9915-49250 Transfer to CIP Fund 0 90,000 Total Capital Outlay 0 90,000 0 FUND BALANCE RESERVES 25500 Reserve 35,450 0 Total Fund Balance Res. 35,450 0 0 TOTAL 35,450 90,000 0 CAPITAL PROJECTS INCLUDE: 13499 BCR -Pathfinder to Sthrly CL 90,000 78 CITY OF DIAMOND BAR SPECIAL FUNDS BUDGET FY 1999-2000 PARK FEES FUND FUND DESCRIPTION: FfJMa TYF+� Special Rever�we FUf+`f'f�N. Paris Itn#attrvarrtent; Within the Subdivision Map Act of the California State Constitution is a requirement that developers either contribute land or pay fees to the local municipal government to provide recreational facilities within the development. This fund is used to account for the fees received. 79 1998-1999 City Manager City Council ESTIMATED RESOURCES Adjusted Budget Recommended Approved 25500 Approp Fund Balance 34560 205,431 181,431 Quimby Fees 36100 Interest Revenue 250,000 25,000 TOTAL 40,000 495,431 5,000 211,431 _ TRANSFERS OUT 9915-49250 Transfer to CIP Fund 494,000 205,000 Total Capital Outlay 494,000 205,000 0 FUND BALANCE RESERVES 25500 Reserve 1,431 6,431 Total Fund Balance Res. 1,431 6,431 p TOTAL 495,431 211,431 0 CAPITAL PROJECTS INCLUDE. 11299 Lorbeer - Athletic Fid Ltg 205,000 205,000 79 CITY OF DIAMOND BAR SPECIAL FUNDS BUDGET FY 1999-2000 PARK & FACILITY DEVELOPMENT FUND FUND DESCRIPTION: The purpose of this fund is to provide resources for the development and enhancement of the City's parks and facilities. - 1998-1999 City Manager City Council Adjusted Budget Recommended Approved ESTIMATED RESOURCES 25500 Approp Fund Balance 1,356,441 1,187,740 34550 Developer Fees 1,200,000 36100 Interest Revenue 80,000 75,000 TOTAL 1,436,441 2,462,740 - CAPITAL OUTLAY 46305 Land Acquisition TRANSFERS OUT 9915-49250 Transfer to CIP Fund Total Capital Outlay 196,000 196,000 - - 102,700 315,000 102,700 315,000 0 FUND BALANCE RESERVES 25500 Reserve 1,137,741 2,142,740 Total Fund Balance Res. 1,137,741 2,142,740 0 TOTAL 1,436,441 2,457,740 0 CAPITAL PROJECTS INCLUDE: 10999 Peterson Park-Irrigation/Drainage Improvements 280,000 11299 Lorbeer - Athletic Field Lighting 15,000 15199 Pantera Park Ball Fid Lghtg - Design 20,000 315,000 80 CITY OF DIAMOND BAR FUNDTYPE: SpecialRevenue FUND DESCRIPTION: The City receives an annual CDBG allotment from the federal government via the Community Development Commission. The purpose of this grant is to fund approved community development programs and projects benefiting low and moderate income citizens. ESTIMATED RESOURCES 31830 CDBG Revenue TOTAL PERSONNEL SERVICES )00(-40010 Salaries XXXX-40070 City Paid Benefits X)M-40080 Retirement XXXX-40083 Worker's Comp. Exp. XXXX-40085 Medicare X0XX-40090 Cafeteria Benefits Total Personnel SUPPLIES 5215-41200 Operating Supplies Total Supplies OPERATING EXPENDITURES 5215-42115 Advertising 5215-42120 Postage Charges 5215-42130 Rental/Lease of Equip 5215-42325 Meetings 5215-42355 Contributions -Com Groups Total Operating Exp. PROFESSIONAL SERVICES 5215-44000 Professional Services Total Prof. Svcs. CAPITAL OUTLAY 9915-49250 Transfer to CIP Fund Total Capital Outlay RESERVES 31830 CDBG Resources TOTAL 19984999 City Manager City Council Adjusted Budget Recommended Approved 933,581 727,954 933,581 727,954 - 41,250 41,010 810 780 6,020 5,460 430 340 630 610 9,150 8,490 58,290 56,690 0 4,800 4,814 4,800 4,814 0 700 1,200 100 100 800 250 500 28,500 29,000 30,350 30,800 0 36,141 83,750 36,141 83,750 0 804,000 101,900 804,000 101,900 0 450,000 0 450,000 0 933,581 727,954 0 CAPITAL PROJECTS INCLUDE: Sycamore Cyn Park - ADA Design 20,000 06799 Handicap Access Ramps - Schl Travel Areas 81,900 81 101,900 GITT of DIAMOND bAK SPECIAL FUNDS BUDGET FY 1999-2000 CITIZENS OPTION FOR PUBLIC SAFETY FUND DESCRIPTION: During FY1996-97, the City received COPS grants from both the state and federal governments. The purpose of these funds are to enhance the City's public safety budget and to fund special public safety related projects. ESTIMATED RESOURCES 1998-1999 City Manager City Council Adjusted Budget Recommended Approved 31850 Public Safety Grant - Federal 62,900 62,900 31855 Public Safety Grant - State 130,500 129,240 36100 Interest Revenue 15,000 25,000 25500 Fund Balance Reserve 294,027 194,337 TOTAL 502,427 411,477 - SUPPLIES 4411-41200 Operating Supplies 4411-14000 Promotional Supplies Total Supplies OPERATING EXPENDITURES 5,000 5,000 5,000 5,000 10,000 10,000 0 4411-42125 Telephone 2,000 2,500 4411-42200 Equipment Maintenance 200 25,000 4411-42340 Education & Training 20,000 5,000 4411-42355 Contributions -Com Groups 2,000 2,000 Total Operating Exp. 24,200 9,500 0 PROFESSIONAL SERVICES 4411-44000 Professional Svcs 3,800 3,500 Total Professional Svcs 3,800 3,500 0 CAPITAL OUTLAY 4411-46100 Auto Equipment 20,000 4411-46230 Computer Equip -Hardware 9,500 25,000 4411-46240 Communication Equipment 5,000 2,000 4411-46250 Misc Equipment 69,500 75,000 Total Capital Outlay 104,000 102,000 0 TRANSFER -OUT 9915-49001 Transfer Out -General Fund 166,090 151,300 166,090 151,300 0 FUND BALANCE RESERVE 25500 Fund Balance Reserve 194,337 135,177 0 194,337 135,177 0 TOTAL 502,427 411,477 0 82 CITY OF DIAMOND BAR SPECIAL FUNDS BUDGET FY 1999-2000 NARCOTICS ASSET FORFEITURE FUND FUND DESCRIPTION: During FY1996-97, the City received Narcotics Asset Forfeiture funds from the Federal Govemment. It is required that these funds be used to enhance drug and law enforcement activities. 1998-1999 City Manager City Council Adjusted Budget Recommended Approved ESTIMATED RESOURCES 36100 Interest Revenue 18,000 22,000 25500 Fund Balance Reserve 299,508 305,700 TOTAL 317,508 327,700 - OPERATING EXPENDITURES 4411-42361 Criminal Apprhnsn Reward 10,000 Total Operating Exp. 10,000 0 0 PROFESSIONAL SERVICES 4411-44010 Prof Svcs -Auditing 1,800 1,800 Total Professional Svcs 1,800 1,800 0 FUND BALANCE RESERVE 25500 Fund Balance Reserve 305,708 325,900 0 305,708 325,900 0 TOTAL 317,508 327,700 0 83 CITY OF DIAMOND BAR SPECIAL FLINL]S BUDGET FY 1999-2000 LANDSCAPE MAINTENANCE - DIST #38 FUND FUND DESCRIPTION: FUND TYPE:Special Revenue _ _ rvnr a �vn• �-wnavvw�v, FUND #- 138 The City is responsible for the operations of the LLAD #38. This district was set up in accordance with the Landscape and Lighting Act of 1972. Property owners benefiting from this district receive a special assessment on their property taxes. This fund is to account for the cost of the operations of this special district. It is anticipated that medians on Gone Court will be built with the reserves. 1998-1999 City Manager City Council ESTIMATED RESOURCES Adjusted Budget Recommended Approved 25500 Approp Fund Balance 441,662 529,917 30300 Prop Tx -Sp Assessment 261,525 261,525 36100 Interest Revenue 8,000 12,000 TOTAL 711,187 803,442 - PERSONNEL SERVICES 5538-40010 Salaries 6,980 6,980 5538-40070 City Paid Benefits 100 100 5538-40080 Retirement 1,130 930 5538-40083 Worker's Comp. Exp. 150 150 5538-40085 Medicare 110 110 5538-40090 Cafeteria Benefits 1,100 1,100 Total Personnel 9,570 9,370 0 OPERATING EXPENDITURES 5538-42115 Advertising 700 700 5538-42126 Utilities 86,100 88,300 5538-42210 Maint. of Grounds/Bldgs 15,000 15,000 Total Operating Exp. 101,800 104,000 0 PROFESSIONAL SERVICES 5538-44000 Professional Services 25,300 25,300 Total Prof. Svcs. 25,300 25,300 0 CONTRACT SERVICES 5538-45000 Contract Services 40,800 41,820 Total Contract Svcs. 40,800 41,820 0 CAPITAL OUTLAY 5538-46410 Capital Improvements 4,500 19,500 9915-49250 Transfer to CIP Fund 300,000 352,500 Total Capital Outlay 304,500 372,000 0 FUND BALANCE RESERVES 25500 Reserve - Future Capital Imp 229,217 250,952 Total Fund Balance Res. 229,217 250,952 0 TOTAL 711,187 803,442 0 CAPITAL PROJECTS INCLUDE: 13198 Golden Springs - Medians 352,500 84 CITY OF DIAMOND BAR 6PE41C1"L- FUNDO CUMGET FY 1999-2000 LANDSCAPE MAINTENANCE - DIST. #39 FUND FUND DESCRIPTION: FVNV TYPfii s ��l fi�rY�f1Ng t":�J IrG tIcl1Y: LC117d3�iOf7G FUND #. 139 The City is responsible for the operations of the LLAD #39. This district was set up in accordance with the Landscape and Lighting Act of 1972. Property owners benefiting from this district receive a special assessment on their property taxes. This fund is to account for the cost of the operations of this special district. 5539-40080 Retirement 1,130 1988-1889 City Manager City Council Adjusted Budget Recommended Approved ESTIMATED RESOURCES 150 25500 Approp Fund Balance 125,931 155,681 30300 Prop Tx -Sp Assessment 164,970 164,970 36100 Interest Revenue 2,500 6,000 TOTAL 293,401 326,651 - PERSONNEL SERVICES 5539-40010 Salaries 6,980 6,980 5539-40070 City Paid Benefits 100 100 5539-40080 Retirement 1,130 930 5539-40083 Worker's Comp. Exp. 150 150 5539-40085 Medicare 110 110 5539-40090 Cafeteria Benefits 1,100 1,100 Total Personnel 9,570 9,370 0 OPERATING EXPENDITURES 5539-42115 Advertising 700 700 5539-42126 Utilities 57,750 59,200 5539-42210 Maint. of Grounds/Bldgs 15,000 15,000 Total Operating Exp. 73,450 74,900 0 PROFESSIONAL SERVICES 5539-44000 Professional Services Total Prof. Svcs. CONTRACT SERVICES 5539-45000 Contract Services Total Contract Svcs. CAPITAL OUTLAY 5539-46410 Capital Improvements Total Capital Outlay 6,200 6,200 6,200 6,200 0 46,500 47,900 46,500 47,900 0 2,000 2,000 2,000 2,000 0 FUND BALANCE RESERVES 25500 Reserve - Future Capital Imp 155,681 186,281 Total Fund Balance Res. 155,681 186,281 0 TOTAL 293,401 326,651 0 85 CITY OF DIAMOND BAR bPhL;IAL FUNDS MUDGr.-r FY 1999-2000 LANDSCAPE MAINTENANCE - DIST. #41 FUND FUND DESCRIPTION. r`NNGTIDN: Lenascape FUND �: 141 The City is responsible for the operations of the LLAD #41. This district was set up in accordance with the Landscape and Lighting Act of 1972. Property owners benefiting from this district receive a special assessment on their property taxes. This fund is to account for the cost of the operations of this special district. PERSONNEL SERVICES 1998-1999 City Manager City Council ESTIMATED RESOURCES Adjusted Budget Recommended Approved 25500 Approp Fund Balance 279,068 279,615 30300 Prop Tx -Sp Assessment 122,157 122,157 36100 Interest Revenue 10,000 12,000 TOTAL 411,225 413,772 - PERSONNEL SERVICES 5541-40010 Salaries 6,980 6,980 5541-40070 City Paid Benefits 100 100 5541-40080 Retirement 1,130 930 5541-40083 Worker's Comp. Exp. 150 150 5541-40085 Medicare 110 110 5541-40090 Cafeteria Benefits 1,100 1,100 Total Personnel 9,570 9,370 0 OPERATING EXPENDITURES 5541-42115 Advertising 700 700 5541-42126 Utilities 63,000 64,600 5541-42210 Maint. of Grounds/Bldgs 10,000 10,000 Total Operating Exp. 73,700 75,300 0 PROFESSIONAL SERVICES 5541-44000 Professional Services 7,340 7,340 Total Prof. Svcs. 7,340 7,340 0 CONTRACT SERVICES 5541-45000 Contract Services 24,000 24,600 5541-45519 CS-Weed/Pest Abatement 15,000 15,000 Total Contract Svcs. 39,000 39,600 0 CAPITAL OUTLAY 5541-46410 Capital Improvements 2,000 16,000 Total Capital Outlay 2,000 16,000 0 - FUND BALANCE RESERVES 25500 Reserve - Future Capital Imp 279,615 266,162 Total Fund Balance Res. 279,615 266,162 0 TOTAL 411,225 413,772 0 86 CAPITAL PROJECTS FUNDS 87 H J 2 N 3 Q U m W co z O a � az �2LL. LL W O > O v a i J F.. 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The revenues in this fund will generally come from transfer -in from other funds and have been indentified for specific capital projects. ESTIMATED RESOURCES 25500 CIP Reserve 321,000 State Transprtn-Augmntn 31900 Proceeds - Sale of Prop A 34550 Developer Fees 39001 Transfer in - General Fd 39111 Transfer in - Gax Tax 39112 Transfer in - Prop A Transit 39113 Transfer in - Prop C Transit 39114 Transfer in - ISTEA 39119 Transfer in - SB 821 39122 Transfer in - Park Fees 39124 Transfer in - Park Developmt 39125 Transfer in - CDBG 38138 Transfer in - District 38 9,215,314 - TOTAL PERSONNEL SERVICES 5510-40010 Salaries 5510-40070 City Paid Benefits 5510-40080 Retirement 5510-40083 Worker's Comp. Exp. 5510-40085 Medicare 5510-40090 Cafeteria Benefits Total Personnel CAPITAL OUTLAY 1998-1999 City Manager City Council Adjusted Budget Recommended Approved 272,414 142,414 220 321,000 3,530 200,000 237,500 565,000 180,000 680,000 2,212,500 2,262,500 100,000 250,000 1,160,000 2,738,500 600,000 991,500 FUND BALANCE RESERVES 90,000 494,000 205,000 102,700 315,000 695,000 101,900 300,000 352,500 6,354,114 9,215,314 - 21,930 21,930 220 220 3,530 3,510 140 180 320 320 2,450 2,450 28,590 28,610 0 5510-46411 Street Improvements 3,528,545 6,341,000 5510-46412 Traffic Control Improvements 1,132,865 960,000 5310-46415 Park & Rec Improvements 871,700 920,000 5510-46416 Landscape & Irrigation Imp 270,000 5215-46420 Misc. Capital Improvements 650,000 581,900 Total Capital Outlay 6,183,110 9,072,900 0 FUND BALANCE RESERVES 25500 Reserve - Future Capital Imp 142,414 113,804 Total Fund Balance Res. 142,414 113,804 0 TOTAL 6,354,114 9,215,314 0 91 U1 I Y Ur UTAMbidd BAR SPECIAL FUNDS BUDGET FY 1999-2000 ,, 111111"',; Il lilii" r1:i�i� 1'YPEI yap Prn�C:t CAPITAL IMPROVEMENT PROJECTS FUND FY99-00 CAPITAL IMPROVEMENT PROJECTS INCLUDE: STREET IMPROVEMENTS: 13199 Gldn Spgs-BCR-Westerly City Limit 1 871,000 Prop C (900,000) State Trans Augmentation (321,000) Developer (47,500) Prop A (50,000) LLAD #38 (352,500) 13299 Gldn Spgs-Grand to Torito Ln 1,120,000 ISTEAIT21 (991,500) Prop C (78,500) Prop A (50,000) 01499 Slurry Seal - Area 2 350,000 Gas Tax 12299 Chinook/San Leandro - Seepage 500,000 Gas Tax 13399 Br Cyn - Gldn Spg to Pathfinder 350,000 Gas Tax 13499 Br Cyn - Pathfinder to Southerly City Limit 2,000,000 Prop C (524,000) Prop C -Discretionary (1,236,000) SB 821 (90,000) Prop A (150,000) Area 2 -Residential Street Improvements 350,000 Gas Tax TOTAL STREET IMPROVEMENTS 6,341,000 TRAFFIC CONTROL IMPROVEMENTS: 14099 Brea Cyn Q Glenbrook 130,000 Gas Tax 14199 Brea Cyn C Diamond Crest 130,000 Gas Tax (72,500) Developer (57,500) 14299 Brea Cyn @ Silver Bullet 130,000 Gas Tax 92 Uvr Ur >DiAm6H15 BAR � IUQ E• Pr SPECIAL FUNDS BUDGET' Cam Pr FY 1999-2000 280,000 CAPITAL IMPROVEMENT PROJECTS FUND 14399 Diamond Bar Bid a NB 57 130,000 Gas Tax 14499 Lemon Ave @ Lycoming St 130,000 Gas Tax 20,000 14599 Gldn Spgs Q Rapidview 130,000 Gas Tax (70,000) 200,000 Developer (60,000) 14699 Brea Cyn Cutoff Q 57 On/Off Ramp 130,000 Developer 14799 City Wide School Safety/Traffic Imp. 50,000 Gas Tax TOTAL TRAFFIC CONTROL IMPROVEMENTS 960,000 PARK AND RECREATION IMPROVEMENTS: 10899 Sycamore Canyon -Landslides Repairs 80,000 General Fund 10999 Peterson Park-Irrigation/Drainage Improvements 280,000 Park Development Fund 11299 Lorbeer-Athletic Field Lighting 220,000 Park Fee Fund (205,000) Park Dev Fund (15,000) 15199 Pantera Park -Ball Field Lighting Design 20,000 Park Dev Fund Skateboard Park - Design/Construction 200,000 Prop A - Exchange Spanner Banner Support Poles -(one site) 100,000 General Fund Sycamore Canyon - ADA Design 20,000 CDBG TOTAL PARK & REC IMPROVEMENTS 920,000 93 '.� III IIII IIII II lil 11111 11 11 'hill I11111111I11i1 II "" U FFT o r Limmv n o oAm SPECIAL FUNDS BUDGET PtiNO1`IbN Cental Pry FY 1999-2000'od CAPITAL IMPROVEMENT PROJECTS FUND MISCELLANEOUS IMPROVEMENTS: 06799 Handicap Access Ramps-Schl Travel Areas 81,900 CDBG Community Civic Center 500,000 General Fund TOTAL MISCELLANEOUS IMPROVEMENTS LANDSCAPE & IRRIGATION IMPROVEMENTS Median Landscaping -D1313 C Goldrush & Tin Dr 270,000 Developer TOTAL LANDSCAPE & IRRIGATION IMPROVEMENTS GRAND TOTAL - CAPITAL PROJECTS 94 581,900 270,000 $ 9,072,900 INTERNAL SERVICE FUNDS 95 CITY OF DIAMOND BAR SPECIAL FUNDS BUDGET FY 1999-2000 SELF INSURANCE FUND FUND DESCRIPTION: This fund was established in accordance with Resolution 089-53. The resolution states the City will establish a self-insurance reserve fund. The purpose of the fund shall be to pay all self - assumed losses and related costs. Contributions to the fund shall be pro -rata from all other City funds afforded protection under the program based upon each of the funds exposure to liability. 1998-1999 City Manager City Council Adjusted Budget Recommended Approved ESTIMATED RESOURCES 36100 Interest Revenue 40,000 60,000 39001 Transfer in - General Fund 160,000 214,000 25500 Fund Balance Reserve 1,175,852 1,202,852 TOTAL 1,375,852 1,476,852 OTHER EXPENDITURES 4081-47200 Insurance Expenditures 160,000 214,000 4081-47210 Insurance Deposits 13,000 13,000 Total Other Exp. 173,000 227,000 0 FUND BALANCE RESERVE 25500 Fund Balance Reserve 1,202,852 1,249,852 0 Total Fund Balance Res. 1,202,852 1,249,852 0 TOTAL 1,375,852 1,476,852 0 96 CITY OF DIAMOND BAR'��T'' Iter'' SPECIAL FUNDS BUDGET I�Ui!+�'ION ' Equi�`Repie�et�tt FY 1999-2000 EQUIPMENT REPLACEMENT FUND FUND DESCRIPTION: This fund is being established this fiscal year to incorporate a method for the eventual replacement of the City's rolling equipment stock or vehicles. The equipment will be capitalized over its life expectancy and the amount will be transferred into this fund from the General Fund. 19984999 City Manager City Council Adjusted Budget Recommended Approved ESTIMATED RESOURCES 80,000 39001 Transfer in General Fund - 25500 Fund Balance Reserve 80,000 TOTAL - FUND BALANCE RESERVE 80,000 25500 Fund Balance Reserve 0 80,000 0 Total Fund Balance Res. TOTAL 0 80,000 0 97 CITY OF DIAMOND BAR 7 2�1 AGENDA KLrUK1 AOEr:DA No TO: Honorable Mayor and City Council MEETING DATE: June 15, 1999 4Ainance DiREPORT DATE: June 7, 1999 FROM: Linda G. Magnuson Frector TITLE: F.Y. 99-00 Investment Policy SUMMARY: Submitted for the City Council's review and approval is the Proposed Investment Policy for Fiscal Year 1999-00, and it's accompanying resolution. RECOMMENDATION: Approve Resolution 99 - Policy. LIST OF ATTACHMENTS: XX Staff Report XX Resolution(s) _ Ordinances(s) Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: which adopts the FY99-00 Investment _ Public Hearing Notification _ Bid Spec (on file in City Clerk's Office) XX Other Investment Policy 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? X Yes_ No 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: REVIEWED BY: 4wvw �Oxt Terrence L. Belan e City Manager i da G. M g uson Finance Director �a=rte vvvr�v==+ r�rorsz AGENDA NO. MEETING DATE: June 15, 1999 TO: Honorable Mayor and Members of the City Council FROM: City Manager SUBJECT: F.Y. 1999-00 Investment Policy ISSUE STATEMENT: Annual review and approval of the 1999-00 Investment Policy. RECOMMENDATION: Approve Resolution 99- which adopts the FY 99-00 Investment Policy. BACKGROUND: Submitted for Council's review and approval is the F.Y. 99-00 Investment Policy and it's accompanying resolution. The proposed investment policy states the goals of the City's investment activities, the types of investments in which the City will invest funds, and the monthly reporting requirements. This fiscal year, the City Council is being asked to re -adopt the FY 98-99 investment policy. This policy has been designed to protect the City funds from the type of activities which have caused problems for the agencies which were investing in the Orange County Investment Fund. It should be noted that the City has funds invested in the State Treasurer's Local Agency Investment Fund. The investment goals and practices of LAIF are in concurrence with the City's investment goals and objectives. Attached as Exhibit B is a description of the LAIF program. The proposed investment policy was drafted in accordance with the Government Finance Officers Association (GFOA) investment policy outline and model. The broker/dealer questionnaire was adapted from a questionnaire which was provided by the City's auditing firm of Conrad and Associates. Additionally, the proposed investment policy has been reviewed by the City's auditors. PREPARED BY: Linda G. Magnuson RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ADOPTING THE STATEMENT OF INVESTMENT POLICY WHEREAS, it is the City's policy to annually adopt the City investment policy, and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar that the attached Statement of Investment Policy (Exhibit A) be adopted as presented herein. PASSED, ADOPTED and APPROVED by the City of Council of the City of Diamond Bar, California, this 15th day of June 1999. Mayor I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City Council 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: City Clerk EXHIBIT A CITY OF DIAMOND BAR INVESTMENT POLICY - FY 1999-2000 PURPOSE This Statement is intended to provide guidelines for investment of the City's temporarily idle cash and to policies for maximizing the efficiency of the management system. The ultimate goal is to enhance status of the City while protecting it's accumulated the prudent outline the City's cash the economic cash. It is the policy of the City Council to review, update and adopt the City's Investment Policy on an annual basis. INVESTMENT OBJECTIVE The investment of funds of the City of Diamond Bar is directed to the goals of safety, liquidity and yield. The authority governing investments for municipal governments is set forth in the Government Code, Sections 53601, et. seq. 1. Safety. Safety of principal is the foremost objective of the investment program. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The objective will be to mitigate credit risk and interest rate risk. The City will operate only in those investments that are considered very safe. A. Credit Risk is the risk of loss due to the failure of the security issuer or backer. Credit risk will be mitigated by: Limiting investments to the safest types of securities; Pre -qualifying the broker-dealers with which the City will do business. This will be done via a competitive bid and the response on a questionnaire (Appendix B) submitted by the prospective institution. In addition broker-dealers should be primary, registered investment securities dealers; Diversifying the investment portfolio in order that potential losses on individual securities do not exceed the income generated from the remainder of the portfolio. B. Interest Rate Risk is the risk that the market value of portfolio securities will fall due to a change in general interest rates. Interest rate risk will be mitigated by: Structuring the investment portfolio so that securities mature to meet cash requirements for ongoing operations, thereby avoiding the need to sell securities on the open PAGE 2 - Investment Policy market prior to their maturation to meet specific operational needs; Operating funds will be invested primarily in shorter term securities. 2. Liquidity. The investment portfolio will remain sufficiently liquid to meet all operating requirements which might be reasonably anticipated. This is accomplished by structuring the portfolio so that securities mature at the same time as cash is needed to meet anticipated demands. Additionally, since all possible cash demands cannot be anticipated, the portfolio will consist largely of securities with active secondary or resale markets. 3. Yield. Yield is the potential dollar earnings an investment can provide and sometimes is described as the rate of return. The primary objective of the investment policy of the City of Diamond Bar is SAFETY. Investments shall be undertaken to ensure the preservation of capital in the overall portfolio. The investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints and cash flow characteristics of the portfolio. Return on investment is of least importance compared to the safety and liquidity objectives described above. Investments are limited to relatively low risk securities in anticipation of earning a fair return relative to the risk being assumed. Securities shall not be sold prior to maturity unless one of the following conditions exists: 1) a declining credit security could be sold early to minimize loss of principal; 2) a security swap would improve the quality of yield in the portfolio; or 3) liquidity needs of the portfolio require that a security be sold. POLICY As a General Law city, Diamond Bar operates its accumulated idle cash investments under the prudent man rule. This insures that " ..investment shall be made with the exercise of that degree of judgement and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation but for investment considering the probable safety of their capital as well as the probable income to be derived." (CC #2261) This affords the City a broad spectrum of investment opportunities, so long as the investment is deemed prudent and is allowable under current law of the State of California and the regulations of the City of Diamond Bar. The City of Diamond Bar strives to maintain the level of investment of all funds as near 100% as possible, through daily and projected cash flow determinations. Cash management and investment transactions are the responsibility of the Treasurer. PAGE 3 - Investment Policy Investments are allowed in the following media: United States treasury bills, bonds, notes or any other obligations or securities issued by the United States treasury or any other obligation guaranteed as to principal and interest by the United States. Local Agency Investment Fund (state pool) - Demand Deposits Certificates of Deposit (or Time Deposits), placed with commercial banks and/or savings banks. Negotiable Certificates of Deposit Bankers Acceptances Commercial Paper Medium Term Corporate Notes Passbook Savings Accounts Active Deposits Money Market Funds comprised of investments rated in the highest category by Moody's Investors Services Inc. or by Standard & Poor's Corporation. Repurchase Agreements Prohibited investments include securities not listed above(unless authorized pursuant to section 53601 (L)), as well as inverse floaters, range notes, interest only strips derived from a pool of mortgages (Collateralized Mortgage Obligations), and any security that could result in zero interest accrual if held to maturity, as specified in Section 53601.6. (Zero interest accrual means the security has the potential to realize zero interest depending upon the structure of the security. Zero coupon bonds and similar investments that start at a level below the face value are legal because their value does increase.) Government and agency paper are the highest quality investments available in terms of safety and liquidity. Certificates of deposit and savings accounts are insured or collateralized. Only commercial paper, with A-1 Moody's and P-1 Standard & Poor's ratings, is authorized for purchase. Most investments are highly liquid, with the exception of collateralized and insured certificates of deposit held by banks and savings banks. Maturities are selected to anticipate cash needs, thereby eliminating the need for forced liquidation. Effective January 1, 1989 the Government Code, Section 53601 states ... "no investment shall be made in any security, other than a security underlying a repurchase or reverse repurchase agreement authorized by this section, which at the time of the investment has a term remaining to maturity in excess of five years, unless the legislative body has granted express authority to make that investment either specifically or as a part of an investment program approved no less than three months prior to the investment." Pala A - IrivWrment Pblicv Therefore longer-term investments (over one year) are limited to maturities of five years or less unless specifically approved by the City Council. Diamond Bar attempts to obtain selecting investments, provided liquidity are met. Ordinarily, (i.e., longer term investment shorter term maturities), the maturities to meet anticipated ca term investments the highest yield possible when that the criteria for safety and through a positive yield curve, rates are higher than those of City attempts to ladder its sh needs in such a way that longer carry a higher rate than is available in the extremely short term market of 30 days or less. The City is authorized to invest in the Local Agency Investment Fund based upon periodic reviews of the book to market value of the investment pool and an annual review of the goals and strategies of the investment board. If there are changes in the management of the Local Agency Investment Fund, and there is a conflict with the City's investment goals, the City may elect to discontinue investment in LAIF. It should be noted that, per LAIF's investment policy, no more than 100 of its portfolio may be invested in Reverse Repurchase Agreements. Since these types of investments are extremely sophisticated, the City of Diamond Bar chooses not to individually invest in these types of securities but will participate LAIF's investment in these as long as the percentage of the portfolio remains at 10% or less. POLICY CONSTRAINTS The City operates its investment pool with many State and self- imposed constraints. The City does not purchase or sell securities on margin. The City does not buy stocks or deal in futures or options. The City does not use Reverse Repurchase Agreements for the investment of funds. The City does not invest in Guaranteed Small Business Administration (SBA) Notes. SAFEKEEPING OF SECURITIES The City of Diamond Bar will adopt the operational practice of having all purchased securities physically delivered, versus payment to a safekeeping account at the City's depository bank. It is recognized this will be to a third party independent custodian under contractual agreement made with the Security Services Division of the chosen bank. Investment transactions will be authorized by the City Treasurer and executed by either the Finance Director or the Deputy City Clerk. The transactions will be verified via monthly reconciliations by the Accountant II. PacJC 5 - Policy REPORTING A monthly report of investments will be provided to the City Manager. The required elements of this report are as follows: a) Type of investment b) Institution c) Date of Maturity d) Amount of deposit or cost of security e) Current market value of securities with maturity in excess of twelve months f) Statement relating the report to the Statement of Investment Policy g) Rate of interest h) Statement that there are sufficient funds to meet the next six months' obligations The basic premise underlying the City of Diamond Bar's investment philosophy is to insure that money is always available when needed. Attachment: Appendix A - Description of Investments Appendix B - Broker Dealer Questionnaire Appendix C - Local Agency Investment Fund Description Terrence L. Belanger City Manager Appendix A Description of Investments U.S. Treasury Issues are direct obligations of the United States Government. These issues are called bills, notes and bonds. The maturity range of new issues is from 13 weeks (T -Bills) to 30 years (T -Bonds). These are highly liquid and are considered the safest investment security. Federal Agency Securities are issued by direct U.S. Government agencies or quasi -government agencies. Many of these issues are guaranteed directly or indirectly by the United States Government. Examples of these securities are Federal Home Loan Bank (FHLB) notes, Federal National Mortgage Associations (FNMA) notes, Federal Farm Credit Bank (FFCB) notes, Small Business Administration (SBA) notes, Government National Bank (GNMA) notes, Federal Home Loan Mortgage Credit (FHLMC) notes and Student Loan Association (SALLMAE) notes. Investment in these types of securities is limited to 20% of the portfolio. Local Agency Investment Fund (LAIF) is a special fund in the State Treasury which local agencies may use to deposit funds for investment. There is no minimum investment period and the minimum transaction is $5,000, in multiples of $1,000 above that, with a maximum of $20 million and increasing to $30 million on July 1, 1998 for any agency. It offers high liquidity because deposits can be converted to cash in twenty-four hours and no interest is lost. All interest is distributed to those agencies participating on a proportionate share determined by the amounts deposited and the length of time they are deposited. Interest is paid quarterly via direct deposit into the agency's LAIF account. The State keeps an amount for reasonable costs of making the investments, not to exceed one-quarter of one percent of the earnings. Certificates of Deposit are investments for inactive funds issued by banks, savings and loans and credit unions. Investments of $100,000 are insured respectively by Federal Deposit Insurance Corporation (FDIC), Federal Savings and Loan Insurance Corporation (FSLIC) and the National Credit Union Share Insurance Fund (NCUSIF). Certificates of Deposit can be issued from 14 days to several years in maturity allowing the City of Diamond Bar's investment of funds to be matched to cash flow needs. For deposits exceeding $100,000 the financial institution is required to collateralize with 110% government securities collateral. City of Diamond Bar does not accept 150% Collateral (First Trust Deeds) or 105% Letters of Credit (L.C.). Negotiable Certificates of Deposit are unsecured obligations of the financial institution. These securities are generally issued in bearer form and pay interest at maturity. Although negotiable, a strong secondary market exists only in the NCD's issued by the Page 2 - Appendix A largest United States banks. Examples of large banks include Bank of America, Citibank, Chase Manhattan, Manufacturers Hanover, etc. These securities generally trade with minimum amounts of $1 million per trade with the average trade in the secondary market of $5 million. Investment in Negotiable Certificates of Deposit is limited to 30% of the investment portfolio per Government Code Section 53601. Bankers Acceptances are short-term credit arrangements to enable businesses to obtain funds to finance commercial transactions. They are time drafts drawn on a bank by an exporter or importer to obtain funds to pay for specific merchandise. By its acceptance, the bank becomes primarily liable for the payment of the draft at maturity. An acceptance is a high grade negotiable instrument. Acceptances are purchased in various denominations for 30 to 180 days but no longer than 270 days. The interest is calculated on a 360 day discount basis similar to Treasury Bills. Investment in Banker's Acceptances is limited to 400 of the investment portfolio per Government Code Section 53601. Commercial Paper is a short term unsecured promissory note issued by a corporation to raise working capital. These negotiable instruments may be purchased at a discount to par value or interest bearing. Commercial paper is issued by corporations such as General Motors Acceptance Corporation (GMAC), Shearson American Express, Bank of America, Wells Fargo Bank, etc. Local agencies are permitted by state law to invest in commercial paper of "prime" quality of the highest ranking or of the highest letter and numerical rating as provided by Moody's Investor's Service, Inc. or Standard & Poors Corporation. Purchases of eligible commercial paper may not exceed 180 days maturity nor exceed fifteen percent of the local agency's surplus funds. An additional fifteen percent (for a total of 30%) can be invested in Commercial Paper provided the average maturity of invested funds in Commercial Paper does not exceed 30 days. Investment in Commercial Paper is limited to 30% of the investment portfolio and 100 of the issuing corporation per Government Code Section 53601. Medium Term Corporate Notes are unsecured promissory notes issued by a corporation organized and operating in the United States. These are negotiable instruments and are traded in the secondary market. Medium Term Notes (MTN) can be defined as extended maturity commercial paper. Corporations use these MTN's to raise capital. Examples of MTN issuers are General Electric, GMAC, Citibank, Wells Fargo Bank, etc. Investment in Medium Term Corporate Notes is limited to 30% of the investment portfolio per Government Code 53601. Notes must be rated "A" or better. Y_y� g - appendix A Passbook Savings Account is a certificate of deposit issued in any amount for a non specified amount of time. Interest rate is much lower than CD's but the savings account allows flexibility. Funds can be deposited and withdrawn according to daily needs. Mutual Funds are referred to in the Government Code, Section 53601, K, as "shares of beneficial interest issued by diversified management companies". The Mutual Fund must be restricted by its by-laws to the same investments as the local agency by the Government Code. These investments are Treasury issues, Federal Agency issues, State of California and City (within California) debt obligations, Certificates of Deposit, Repurchase Agreements, Reverse Repurchase Agreements, Financial Futures and Financial Options and Medium Term Corporate Notes. The quality rating and percentage restrictions in each investment category which are applicable to the local agency also applies to the Mutual Fund. Additional limitations apply to such management companies or their investment advisors. The City may not invest in a mutual fund which invests in derivative types of products. The purchase price of shares of mutual funds shall not include any sales commission. Investments in mutual funds shall not exceed fifteen percent of the local agency's investment portfolio. Active Deposits are demand or checking accounts which receive revenues and pay disbursements. Money Market Funds are comprised of short term government securities, certificates of deposit and highly rated commercial paper. Average length of maturity is twenty to fifty days. Money Market Funds are 100% liquid at any time. Repurchase Agreements and Reverse Repurchase Agreements are short term investment transactions. Banks buy temporarily idle funds from a customer by selling him U.S. Government or other securities with a contractual agreement to repurchase the same securities on a future date. Repurchase agreements are typically one to ten days in maturity. The customer receives interest from the bank. The interest rate reflects both the prevailing demand for Federal Funds and the maturity of the REPO. Some banks will execute repurchase agreements for a minimum of $100,000, but most banks have a minimum of $500,000. A reverse -repurchase agreement (reverse -repo) is exactly what the name implies. The City of Diamond Bar does NOT invest in Reverse Repurchase Agreements. Financial Futures and Financial Options are forward contracts for securities. The government code states that a local agency may Page 4 - Appendix A incur future contracts/options in any of the investment securities enumerated in Section 53601 A -N. Due to the volatility of trading in financial futures the City of Diamond Bar does NOT invest in financial futures of financial options. Derivative Products are structured products which limits, through imbedded options, the flow of principal and or interest to the note holder. This limitation could be on how fast payments are received, how much principal is returned, or how high or low a coupon can move. Derivative is also a broad term referring to any security which derives its value from another underlying asset. The City of Diamond Bar does NOT invest in derivative products. APPENDIX B CITY OF DIAMOND BAR BROKER/DEALER QUESTIONNAIRE AND CERTIFICATION 1. Name of Firm: 2. Address: 3. Telephone: ( ) ( ) 4. Broker's Representative to the City (attach resume): Name: Title: Telephone: ( ) 5. Manager/Partner-in-Charge (attach resume) Name: Title: Telephone: ( ) 6. List all personnel who will be trading with or quoting securities to City employees (attach resume) Name: Title: Telephone: ( ) ( ) 7. Which of the above personnel have read the City's investment policy? 8. Is your firm a primary dealer in United States Government Securities? Yes No CITY OF DIAMOND BAR Broker/Dealer Questionnaire and Certification Name of Firm: Page Two 9. List the total volume of United States Government and Agency Securities for the last calendar year. Firm -wide $ No. of Transactions Your local office $ No. of Transactions --o 10. Which instruments are offered regularly by your local office? Treasury Bills CMO's Treasury Notes/Bonds Bank CD's BA's (domestic) S & L CD's BA's (foreign) Repos Commercial Paper Reverse Repos Agencies (specify): Other (specify): 11. References -- Please identify your most directly comparable public sector clients in our geographical area. Entity Contact Telephone ( ) ( ) Client Since CITY OF DIAMOND BAR Broker/Dealer Questionnaire and Certification Name of Firm: Page Three 12. Have any of your clients ever sustained a loss on a securities transaction arising from a misunderstanding or misrepresentation of the risk characteristics of the instrument? If so, explain. 13. Has your local office ever subject to a regulatory or state/federal agency investigation for alleged improper, fraudulent, disreputable or unfair activities related to the sale of securities? Have any of your employees been so investigated? If so, explain. 14. Has a client ever claimed in writing that your firm was responsible for investment losses? If so, explain. 15. Explain your normal custody and delivery process. Who audits these fiduciary systems? Can you meet safekeeping requirements? CITY OF DIAMOND BAR Broker/Dealer Questionnaire and Certification Name of Firm: Page Four 16. How many and what percentage of your transactions failed last month? Last year? 17. Describe the capital line and trading limits of the office that would conduct business with the City of Diamond Bar. 18. Does your firm participate in the S.I.P.C. insurance program If not, explain. 19. What portfolio information, if any, do you require from your clients? 20. What reports, transactions, confirmations and paper trail will the City receive? 21. Does your firm offer investment training to your clients? Yes No CITY OF DIAMOND BAR Broker/Dealer Questionnaire and Certification Name of Firm: Page Five 22. Please enclose the following: Latest audited financial statements. Samples of reports, transactions, and confirmations the City will receive. Samples of research reports and/or publications that your firm regularly provides to clients. Complete schedule of fees and charges for various transactions. ***CERTIFICATION*** I hereby certify that I have personally read the Statement of Investment Policy of the City of Diamond Bar, and have implemented reasonable procedures and a system of controls designed to preclude imprudent investment activities arising out of transactions conducted between our firm and the City of Diamond Bar. All sales personnel will be routinely informed of the City's investment objectives, horizons, outlooks, strategies and risk constraints whenever we are so advised by the City. We pledge to exercise due diligence in informing the City of Diamond Bar of all foreseeable risks associated with financial transactions conducted with our firm. Under penalties of perjury, the responses to this questionnaire are true and accurate to the best of my knowledge. Signed Title Date Countersignature* Date Title * Company president or person in charge of government securities operations. EXHIBIT "B" THE LOCAL AGENCY INVESTMENT FUND The Local Agency Investment Fund (LAIF), a voluntary program, created by statute, began under the Jesse Unruh Administration in 1977 as an investment alternative for California's local governments and special districts. The enabling legislation for the LAW is Section 16429.1,2,3. This program offers participating agencies the opportunity to participate in a major portfolio which daily invests hundreds of millions of dollars, using the investment expertise of the Treasurer's Office Investment staff at no additional cost to the taxpayer. This in-house management team is comprised of civil servants. The LAIF is part of the Pooled Money Investment Account (PMIA). The PMIA began in 1953 and has oversight provided by the Pooled Money Investment Board (PMIB) and an in-house Investment Committee. The PMIB Board members are the State Treasurer, Director of Finance, and State Controller. The LAW has oversight by the Local Investment Advisory Board. The LAW Board consists of five members as designated by Statute. The Chairman is the State Treasurer, or his designated representative. Two members qualified by training and experience in the field of investment or finance, and two members who are Treasurers, finance or fiscal officers or business managers, employed by any County, City or local district or municipal corporation of this state, are appointed by the State Treasurer. The term of each appointment is two years, or at the pleasure of the appointing authority. EXHIBIT "B" - Page 2 All securities are purchased under the authority of the Government Code Section 16430 and 16480.4. The State on a Treasurer's Office takes delivery of all sees purcustodian. All delivery versus payment basis to a third party investments are purchased at market, and a market valuation is conducted quarterly. Additionally, the PMIA has Policies, Goa of Safety, and ,ectives Liquidity for the portfolio to make certain that our goals and Yield are not jeopardized and formulated prudent investmentstaffand prevails. These policies are nd e focal by Advisory reviewed, by both the P Board on an annual basis. The State Treasurer's Office is audited by the also has Department t of Audits on an annual basis. Department of Audits continuing audit process throughout the year. Allinvestment and LAIF claims are el eas an on n --house adaily ls by udit process Controller's Office as involving three separate divisions. It has been determined that the State of California cannot declare bankruptcy under Federal regulations, thereby s Section the Government Code Section 16429.3 to stand. states that 'money placed with the state treasurer for deposit in the LAW shall not be subject to impoundment or seizure by any state official or state agency., The LAW has grown from 293 participants and $468 million in 1977 to 2,200 participants and $8.9 billion in 1995. CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager REPORT DATE: June 7,1999 MEETING DATE: June 15,1999 44\ FROM: Linda G. Magnuson; Finance Director TITLE: Appropriations Limit - Fiscal Year 1999-2000 SUMMARY: Submitted for the Council's review and approval is the Appropriations Limit recommendation for Fiscal Year 190990 s 0. In addition, the Council is being asked to approve the adjustment factors used in the calculation of the App p Limit. RECOMMENDATION: Approve the use of the County of Los Angeles population percentage change for use in calculating the Fiscal ear 1999-2000 Appropriations Limit. percentage change in calculating Fiscal Year 1999-2000 Approve the use of the California Per Capita Income Appropriations Limit blishes the Fiscal Year 1999-2000 Appropriations Limit at $17,561,562. Approve Resolution 99 -XX, which esta LIST OF ATTACHMENTS: EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: -L Staff Report X Resolution(s) _ Ordinances(s) — Agreement(s) 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? 2. Does the report require a majority or 415 vote? 3. Has environmental impact been assessed? NIA 4. Has the report been reviewed by a Commission? NIA Which Commission? 5. Are other departments affected by the report? Report discussed with the following affected departments: REVIWED Terre ce L. Belanger City Manager Linda G. Magnu o Finance Director _ Public Hearing Notification _ Bid Specification Other Yes _ No Majority —Yes _ No —Yes _ No —Yes _ No CITY COUNCIL REPORT AGENDA N0. MEETING DATE: June 15,1999 TO: Honorable Mayor and Members of the City Council FROM: City Manager SUBJECT: Proposed FY 1999-2000 Appropriations Limit, and approval of limit adjustment factors. ISSUE STATEMENT: Government Code Section 7910 requires the City Council to formally adopt by resolution the Appropriations Limit for Fiscal Year 1999-2000. In addition, Proposition 111 requires a recorded vote of the City Council regarding the annual adjustment factors being used in the calculation of the Appropriations Limit. RECOMMENDATION: Approve the use of the County of Los Angeles population percentage change for the use in calculating the FY1999- 2000 Appropriations Limit. Approve the use of the California per Capita income change in calculating the FY 1999-2000 Appropriations Limit. Approve Resolution 99- , which establishes the FY 1999-2000 Appropriations Limit at $17,561,562. DISCUSSION: As required by Government Code Section 7910, the City Council is being asked to formally adopt by resolution the Appropriations Limit for Fiscal Year 1999-2000. In addition, Proposition 111 requires a recorded vote of the City Council regarding the annual adjustment factors which are being applied for Fiscal Year 1999-2000. The factors recommended are the percentage change in California per Capita income and the percentage change in population growth for the County of Los Angeles. The price factor, which may be used by the City, could either be the percentage change in the California per capita personal income, or the percentage change in the local assessment roll due to the addition of local non-residential new construction. This fiscal year the California per capita personal income showed an increase of 4.53%. The net change in non-residential new construction valuation was a negative amount. Los Angeles County provides the information regarding percentage change in non-residential new construction. It is being recommended that Council adopt the percentage change California Per Capita Income for use in the Adjustment of the Gann (Appropriations) Limit for fiscal year 1999-2000. Page 2 - Appropriations Limit FY 1999-2000 Report Section 7901 of the Government Code allows entities to use either the population 1 93% as opposed aswithtinthe countywide the City or the increase within the County. This year, the City's population increase was increase of 1.78% in population. Therefore, it is recommended that the population increase within the City of Diamond Bar be used. PREPARED BY: Linda G. Ma nguson RESOLUTION NO. 99 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, SETTING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 1999-2000 FOR THE CITY OF DIAMOND BAR IN ACCORDANCE WITH THE PROVISIONS OF DIVISION 9 OF TITLE 1 OF THE GOVERNMENT CODE WHEREAS, Article XIII B of the Constitution of the State of California as proposed by the Initiative Measure approved by the people at the special statewide election held on November 6, 1979, provides that the total annual appropriations limit of such entity for the prior year be adjusted for changes in the non-residential assessed valuation and population except as otherwise specifically provided for in said Article; and WHEREAS, Section 7910 of the Government Code provides that each year the governing body of each local jurisdiction shall, by resolution, establish its appropriations limit for the following fiscal year pursuant to Article XIII B at a regularly scheduled meeting or a noticed special meeting. Prior to such meeting, documentation used in the determination of the appropriation limit shall be A available to the public; and WHEREAS, Proposition 111 as approved by the voters of the State of California, requires a recorded voice vote of the City Council regarding which of the annual adjustment factors have been selected each year; and WHEREAS, Section 7902 (a) and 7902.6 of the Government Code sets forth the method for determining the appropriations limit for each local jurisdiction for the fiscal year; and WHEREAS, the City Council of the City of Diamond Bar wishes to establish the appropriation limit for fiscal year 1999-2000 for the City of Diamond Bar. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar, California, as follows: Section 1. That it is hereby found and determined that the documentation used in the determination of the appropriations limit for the City of Diamond Bar for fiscal year 1999-2000 was available to the public in City offices of said City at least fifteen days prior to this date. Section 2. That the County of Los Angeles LAFCO, established the appropriations limit for the newly incorporated City. Section 3. That the percentage increase in California Per Capita Income and the percentage change in the population of the County of Los Angeles were selected as factors. Section 4. That the Appropriations Limit for the City of Diamond Bar as established in accordance with Section 7902(a) and Section 7902.6 of the California Government Code is $17,561,562. Section 5. That the Mayor of the City of Diamond Bar shall sign and the City Clerk shall certify to the passage and adoption of this Resolution No. 99- . PASSED, APPROVED AND ADOPTED this day of '1999. Mayor I, LYNDA RUACI SF., City CIz,,L of the Cty J D. --d Ilan is karahy rai4iiy ARI tka foregoing Resolution was passed, and approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 1999, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: City Clerk of the City of Diamond Bar CITY OF DIAMOND BAR APPROPRIATIONS LIMIT WORK SHEET 1999-2000 California Per Capita Income % Change over Prior Year Population Change % Change over Prior Year (City) Per Capita converted to a Ratio Population converted to a Ratio Calculation of Growth Factor 1998-1999 Appropriations Limit 1999-2000 Appropriations Limit 4.53% 1.93% 1.0453 1.0193 1.0655 $16,482,389 $17,561,562 6/7/99 1999-2000 CITY OF DIAMOND BAR APPROPRIATIONS LIMIT WORK SHEET 1999-2000 California Per Capita Income % Change over Prior Year Population Change % Change over Prior Year (County) Per Capita converted to a Ratio Population converted to a Ratio Calculation of Growth Factor 1998-1999 Appropriations Limit 1999-2000 Appropriations Limit 4.53% 1.78% 1.0453 1.0178 1.0639 $16,482,389 $17,535,718 6M99 1999-2000 AGENDA NO. 8.2 NO DOCUMENTATION AVAILABLE CITY OF DIAMOND BAR AGENDA REPORT AGENDA NOg_ TO: Honorable Mayor and Members of the City Council MEETING DATE: June 15, 1999 REPORT DATE: June 8, 1999 FROM: Terrence L. Belanger, City Manager TITLE: TOWNHALL/COMMUNITY MEETINGS INFORMING RESIDENTS AND BUSINESSES OF CHANGES TO THE CITY CODE AFFECTING WASTE PREVENTION AND RECYCLING PROGRAMS, AND WASTE HAULER PERMITTING SUMMARY: The City staff has proposed a draft ordinance amending the City Code that will affect waste hauler permitting, and waste prevention and recycling programming in the City of Diamond Bar. Amendments address yard waste collection, rate restructuring for residential and commercial accounts, refuse containers and an automated collection system, public education, selection of a single residential sector service provider, and mandatory recycling service provisions for all generating sectors. To properly inform and educate the community regarding the proposed draft ordinance and the likely changes in programming, the City will provide a series of three informative community meetings. The meetings will be open to the public, and advertised through a variety of outreach media. The first meeting will be held Saturday, July 10, 1999, 9-11 am tentatively at Golden Springs Elementary School, and the second meeting will be held Saturday, July 24, 1999, 9-11 am at Heritage Park Community Center. The City Council will hold a Council Study Session on Tuesday, August 3, 1999, at 4 pm at the South Coast Air Quality Management District Auditorium. The City's consultant will make a formal presentation at each of the meetings, and City Council and staff will be available to answer questions from the public. RECOMMENDATION: That the City Council approve the proposed solid waste outreach program and schedule, and direct staff to make all necessary arrangements and publicity. LIST OF ATTACHMENTS: x Staff Report _ Public Hearing Notification _ Resolution _ Bid Specification Ordinance Other EXTERNAL DISTRIBUTION SUBMITTAL CHECKLIST: 1. Has the Resolution, ordinance, or agreement been reviewed? N/A — Yes _ No 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? N/A _ Yes _ No 4. Has the report been reviewed by a Commission? NIA _ Yes _ No Which Commission? 5. Are other departments affected by the report? N/A _ Yes _ No Report discussed with the following affected departments: REVIEWE Y: Terrence L. Belange es DeStefa WiG. Liu City Manager Deputy City Man ger Deputy Director of Public Works NTNG DATE June 15, 1999 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: TOWNHALUCOMMUNITY MEETINGS INFORMING RESIDENTS AND BUSINESSES OF CHANGES TO THE CITY CODE AFFECTING WASTE PREVENTION AND RECYCLING PROGRAMS, AND WASTE HAULER PERMITTING Background The City staff has proposed a draft ordinance amending the City Code that will affect waste hauler permitting, and waste prevention and recycling programming in the City of Diamond Bar (City). Amendments address yard waste collection, rate restructuring for residential and commercial accounts, refuse containers and an automated collection system, public education, selection of a single residential sector service provider, and mandatory recycling service provisions for all generating sectors. Discussion To properly inform and educate the community regarding the proposed draft ordinance and the likely changes in programming, the City will conduct a series of three informative meetings. The meetings will be open to the public, and advertised through a variety of outreach media. There will be one community meeting to be held in the northern part of the City, one community meeting to be held in the southern part of the City, and one Council Study Session to be held at the South Coast Air Quality Management District (AQMD). The first meeting will be held Saturday, July 10, 1999, 9-11 am tentatively at Golden Springs Elementary School, and the second meeting will be held Saturday, July 24, 1999, 9-11 am at Heritage Park Community Center. The City Council will hold a Council Study Session on Tuesday, August 3, 1999, at 4 pm at the AQMD Auditorium. The City's consultant will make a formal presentation at each of the meetings, and City Council and staff will be available to answer questions from the public. Financial Impacts To conduct the town hall/community meetings, the City will conduct publicity through various media including cable programming, newspaper ads, local newsletter articles, and mailers. The cost of advertising will be bome by the City, but there is adequate budget available through the Integrated Waste Management Fund and in-kind services and resources available from one of the City's solid waste permittees. There is minimal time required beyond that already budgeted for the consultant, and no additional funds are needed at this time. Recommendations That the City Council approve the proposed solid waste outreach program and schedule, and direct staff to make all arrangements and publicity. CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. 9 • 1 - TO: Honorable Mayor and Members of the City Council MEETING DATE: June 15, 1999 REPORT DATE: June 8, 1999 FROM: Terrence L. Belanger, City Manager TITLE: Resolution No. 99 -XX "A Resolution of the City Council of the City of Diamond Bar Authorizing the Diamond Bar Community Volunteer Patrol to Conduct Disabled Parking Enforcement." SUMMARY: The purpose of the recommended action is to authorize the Diamond Bar Community Volunteer Patrol to conduct disabled parking enforcement. Pursuant to Section 22507.9 of the State of California Vehicle Code, "Local authorities may establish a special enforcement unit for the sole purpose of providing adequate enforcement of Section 22507.8 and local ordinances and resolutions adopted pursuant to Section 22511.7." Specifically, the Special Enforcement Unit will consist of the members of the Diamond Bar Community Volunteer Patrol. The volunteers will perform their normal duties and, in addition, supplement the current disabled parking enforcement performed by the Los Angeles County Sheriff's Department. RECOMMENDATION: It is recommended that the City Council of the City of Diamond Bar adopt Resolution No. 99 -XX "A Resolution of the City Council of the City of Diamond Bar Authorizing the Diamond Bar Community Volunteer Patrol to Conduct Disabled Parking Enforcement." LIST OF ATTACHMENTS: X Staff Report _Public Hearing Notification X Resolution(s) _ Bid Specification Ordinance(s) X Other Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed _Yes No by the City Attorney? _ 2. Does the report require a majority vote? X Yes _ No 3. Has environmental impact been assessed? N/A _ Yes No 4. Has the report been reviewed by a Commission? N/A _ Yes _ No 5. Are other departments affected by the report? N/A _ Yes _ _ No Report discussed with the following affected departments: REVIE D Y: f Terrence L. Bel Anne M. Haraksin City Manager 71 Administrative Assistant CITY COUNCIL REPORT AGENDA NO. MEETING DATE: June 15, 1999 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Resolution No. 99 -XX "A Resolution of the City Council of the City of Diamond Bar Authorizing the Diamond Bar Community Volunteer Patrol to Conduct Disabled Parking Enforcement." ISSUE STATEMENT: Should the City Council of the City of Diamond Bar adopt a Resolution authorizing the Diamond Bar Community Volunteer Patrol to conduct disabled parking enforcement? RECOMMENDATION: It is recommended that the City Council of the City of Diamond Bar adopt Resolution No. 99 - XX "A Resolution of the City Council of the City of Diamond Bar Authorizing the Diamond Bar Community Volunteer Patrol to Conduct Disabled Parking Enforcement." FINANCIAL SUMMARY: It is anticipated that increased revenue will result from utilizing volunteers to enforce disabled parking restrictions. Vehicle Code Section 22507.9 requires that volunteers performing these duties wear distinctive uniforms and badges, have a 2 -way radio unit available, and be entitled to workers' compensation. Currently, the members of the Diamond Bar Community Volunteer Patrol have the uniforms, badges, 2 -way radio, and are covered under the City's workers compensation. BACKGROUND/DIS CUSSION: The purpose of the recommended action is to authorize the Diamond Bar Community Volunteer Patrol to conduct disabled parking enforcement and to issue parking citations to violators of disabled parking restrictions. The volunteers will perform their normal duties, and, in addition, supplement the current enforcement performed by the Los Angeles County Sheriff s Department. The recommended action is authorized by Section 22507.9 of the State of California Vehicle Code (Attachment "A"). Section 22507.9 states that "Local authorities may establish a special enforcement unit for the sole purpose of providing adequate enforcement of Section 22507.8 and local ordinances and resolutions adopted pursuant to Section 22511.7." The civilian volunteers will enforce only the following Sections of the Vehicle Code: 22507.8(a) It is unlawful for any person to park or leave standing any vehicle in a stall or space designated for disabled persons and disabled veterans unless the vehicle displays a disabled license plate or disabled placard. 22507.8(b) It is unlawful for any person to obstruct, block, or otherwise bar access to those parking stalls or spaces except as provided in subdivision (a). 22507.8(c) It is unlawful for any person to park or leave standing any vehicle, including a vehicle displaying a disabled placard or disabled license plate in either of the following places: (1) on the lines marking the boundaries or a parking stall or space designated for disabled persons or disabled veterans. (2) in any area of the pavement within a parking lot or parking facility that is marked by crosshatched lines and is thereby designated for the loading and unloading of vehicles pursuant to any local ordinance. 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RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING THE DIAMOND BAR COMMUNITY VOLUNTEER PATROL TO CONDUCT DISABLED PARKING ENFORCEMENT WHEREAS, pursuant to provisions of Section 22507.9 of the State of California Vehicle Code, the City Council of the City of Diamond Bar may establish a Special Enforcement Unit for the sole purpose of providing adequate enforcement of Section 22507.8 of the State of California Vehicle Code and local ordinances and resolutions pursuant to Section 22511.7 of the State of California Vehicle Code relating to disabled parking enforcement; and WHEREAS, the Los Angeles County Sheriffs Department currently utilizes the Diamond Bar Community Volunteer Patrol to conduct neighborhood vacation checks and patrol checks, and said volunteers wear distinctive uniforms; and WHEREAS, the City of Diamond Bar currently provides applicable worker's compensation benefits to members of the Diamond Bar Community Volunteer Patrol; and WHEREAS, use of the Diamond Bar Community Volunteer Patrol to conduct disabled parking enforcement will supplement the current enforcement performed by the Los Angeles County Sheriff s Department. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Diamond Bar that: The City Council of the City of Diamond Bar hereby establishes a Special Enforcement Unit of the Sheriffs Department to be made up of Sheriffs Department civilian volunteers. The Diamond Bar Community Volunteer Patrol shall act as the Special Enforcement Unit and is authorized to conduct disabled parking enforcement. PASSED, APPROVED AND ADOPTED this day of ,1999. Mayor I, TOMMYE CRIBBINS , Deputy 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 Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: Deputy City Clerk City of Diamond Bar Amendment to reflect the up to 7 parking in the front with permits for the first Mortgage on the easterly side of Fallow Field and the other signs be changed to "No Parking" between 8:00 a.m. and 5:00 p.m. without a permit as suggested here.50 permits for parking on Brea Canyon Cut-off AYES: Ansari, herrera, Huff, MPT/O;connor M/chang CITY OF D"MVND BAIL AGENDA REPORT AGENDA NO.TO: Honorable Mayor and Members of the City Council MEETING DATE: June 15, 1999 REPORT DATE: June 9, 1999 FROM: Terrence L. Belanger, City Manager TITLE: Resolution No. 99 -XX "A Resolution of the City Council of the City of Diamond Bar Approving the City -County Municipal Law Enforcement Services Agreement between the City of Diamond Bar and the County of Los Angeles and Requesting said Services pursuant to this Agreement' SUMMARY: Since incorporation, the City of Diamond Bar has provided law enforcement services by the Los Angeles County Sheriffs Department through a Law Enforcement Services Agreement with the County of Los Angeles. The current agreement will expire on June 30, 1999. The Sheriff's Department has submitted an agreement, which will continue the law enforcement services through June 30, 2004. Each year the City Council determines the law enforcement service level through the budget process. The proposed agreement has not been altered. The agreement contains a termination clause, general law enforcement services, unit contract price for 1999-2000, and the inclusion of the previously signed assumption of liability agreement. RECOMMENDATION: It is recommended that the City Council approve Resolution No. 99 - XX "A Resolution of the City Council of the City of Diamond Bar Approving the City -County Municipal Law Enforcement Services Agreement between the City of Diamond Bar and the County of Los Angeles and Requesting said Services pursuant to this Agreement' LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification Resolution(s) _ Bid Specification Ordinance(s) Other: X Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed N/A _ Yes _ No by the City Attorney? 2. Does the report require a majority vote? X Yes _ No 3. Has environmental impact been assessed? N/A _ Yes _ No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: REVIEWED BY: lw�D" 11� AI Terrence L. Belan6 eelee A. Fritzal City Manager Assistant to the City Manager RESOLUTION NO. 99-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE CITY -COUNTY MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT BETWEEN THE CITY OF DIAMOND BAR AND THE COUNTY OF LOS ANGELES, AND REQUESTING SAID SERVICES PURSUANT TO THIS AGREEMENT The City Council of the City of Diamond Bar does resolve as follows: Section 1. The City -County Municipal Law Enforcement Services Agreement, from July 1, 1999 through June 30, 2004 (Exhibit "A") is hereby approved. Section 2. The type and level of law enforcement services to be provided during each fiscal year, will be included in the City's Annual Budget. Section 3. The Board of Supervisors or its designated agent or agency is requested to approve and authorize the performance of services requested in this resolution, subject to the terms and conditions set forth in the City -County Law Enforcement Services Agreement. 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 duly introduced, passed and adopted by the City Council of the City of Diamond Bar, at a regular meeting 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 CO NT DF LOS ANGELES SH ; I fFIS DEPARTMENT DATE May 17, 1999 Office fi s ondence FROM: g46RCEN g TRACT BUREAU EN, CAPTAIN TO: ENFORCEMENT FILE NO. STATION COMMANDERS FIELD OPERATIONS REGIONS SUBJECT: CITY -COUNTY LAW ENFORCEMENT SERVICES AGREEMENT RENEWAL '3 c:. The City -County Law Enforcement Services Agreement between the County of Los Angeles and thirty-nine of our forty contract cities will expire on June 30, 1999. Enclosed are five original copies of the City -County Law Enforcement Services Agreement approved as to form by County Counsel for each city, or each cities, served by your station. Please forward all of these documents to your respective contract city(ies) for consideration and approval. After approval by the city, all copies of the City -County Law Enforcement Services Agreement, along with 3 certified copies of the city's resolution requesting the continuation of our services, should be returned to the Contract Law Enforcement final Board approval, a fully executed original City -County Law Bureau. Upon Enforcement Services Agreement will be returned to each city via your station. Should you have any questions regarding these documents or the renewal procedure, please do not hesitate to contact Deputy Ed Anderson at (323) 890-5472. JKE:JER:EJA:sk 1 CITY -COUNTY MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT 2 3 4 THIS AGREEMENT, dated for purposes of reference only, 5 , 199_, is made by and between the 6 COUNTY OF LOS ANGELES, hereinafter referred to as "County," and the 7 CITY OF DIAMOND BAR, hereinafter referred to as "City". 8 RECITALS: 9 (a) The City is desirous of contracting with the County for the 10 performance of the hereinafter described law enforcement functions 11 within its boundaries by the County of Los Angeles through the Sheriff 12 thereof. 13 (b) The County of Los Angeles is agreeable to rendering such 14 services on the terms and conditions hereinafter set forth. 15 (c) Such contracts are authorized and provided for by the 16 provisions of Section 56-1/2 and 56-3/4 of the Charter of the County 17 of Los Angeles and Article 1, Chapter 1, Part 2, Division 1, Title 5 18 of the Government Code of the State of California. 19 THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS: 20 1. The County agrees, through the Sheriff of the County of Los 21 Angeles, to provide general law enforcement services within the 22 corporate limits of City to the extent and in the manner hereinafter 23 set forth. 24 Except as otherwise hereinafter specifically set forth, such 25 services shall only encompass duties and functions of the type coming 26 within the jurisdiction of and customarily rendered by the Sheriff of 27 the County of Los Angeles under the Charter of said County and 28 statutes of the State of California, and under the municipal codes of 1 the city for which the Sheriff's services are provided. 2 2. During the term of this agreement, the Sheriff or his 3 designee shall serve as Chief of Police of the City and shall perform 4 the functions of the Chief of Police at the direction of the City. 5 The rendition of the services performed by the Sheriff's Department, 6 the standards of performance, the discipline of officers, and other 7 matters incident to the performance of such services and the control 8 of personnel so employed shall remain with the County. In the event 9 of a dispute between the parties to this contract as to the extent of 10 the duties and functions to be rendered hereunder, or the minimum 11 level or manner of performance of such service, the City shall be 12 consulted and a mutual determination thereof shall be made by both the 13 Sheriff of the County and the City. The Sheriff, in an unresolved 14 dispute, shall have final and conclusive determination as between the 15 parties hereto. 16 3. General law enforcement services performed hereunder may 17 include, if requested by the City, traffic enforcement, license 18 inspection and enforcement, the supplying of crossing guards, crime 19 prevention, community service officers, and law enforcement education 20 programs. The City is not limited to the foregoing services, but may 21 also request any other service in the field of public safety, law, or 22 related fields within the legal power of the Sheriff to provide. 23 If the City desires to receive general law enforcement services, 24 the City shall notify the Board of Supervisors by resolution of the 25 City Council indicating its desire and that the Sheriff is willing to 26 provide such services. Should the City desire to receive any service 27 from the Sheriff not specifically listed above, the City Council, by 28 resolution, must indicate that the Sheriff is willing to provide such 2 I services. 2 4. For the purpose of performing said functions, County shall 3 furnish and supply all necessary labor, supervision, equipment, 4 communication facilities, and supplies necessary to maintain the 5 agreed level of service to be rendered hereunder. Notwithstanding the 6 foregoing, the City may provide additional resources for the County to 7 utilize in performance of the services. 8 When and if both parties to this contract concur as to the 9 necessity of maintaining a law enforcement headquarters within said 10 City which would not normally be provided by the Sheriff, the City 11 shall furnish at its own cost and expense all necessary office space, 12 furniture and furnishings, office supplies, janitor service, 13 telephone, light, water and other utilities. It is expressly further 14 understood that in event such local office is maintained in said City, 15 such quarters may be used by the Sheriff of the County of Los Angeles 16 in connection with the performance of his duties in territory outside 17 of the City, provided, however, that the performance of such outside 18 duties shall not be at any additional cost to the City. 19 Notwithstanding the foregoing, it is mutually agreed that in all 20 instances where special supplies, stationery, notices, forms, and the 21 like must be issued in the name of said City, the same shall be 22 supplied by the City at its own cost and expense. 23 5. All persons employed in the performance of such services and 24 functions pursuant to this agreement for the City shall be County 25 employees, and no City employee as such shall be taken over by said 26 County, unless by specific additional agreement in the form of a 27 merger contract which must be concurrently adopted by the City and 28 County. No person employed hereunder for law enforcement service in 3 1 the City shall have any City pension, civil service, or any status or 2 right. 3 For the purpose of performing services and functions, pursuant to 4 this agreement and only for the purpose of giving official status to 5 the performance thereof, every County officer and/or employee engaged 6 in performing any such service and function shall be deemed to be an 7 officer or employee of the City while performing such service for the 8 City, which service is within the scope of this agreement and is a 9 municipal function. 10 6. The contracting City shall not be called upon to assume any 11 liability for the direct payment of any Sheriff's Department salaries, 12 wages, or other compensation to any County personnel performing 13 services hereunder for said City. 14 Except as herein otherwise specified, the City shall not be 15 liable for compensation or indemnity to any County employee or agent 16 of the County for injury or sickness arising out of his/her employment 17 as a contract employee of the City. 18 7. The parties hereto have executed an Assumption of Liability 19 Agreement approved by the Board of Supervisors on December 27, 1977, 20 and/or a Joint Indemnity Agreement approved by the Board of 21 Supervisors on October 8, 1991, and/or a revised Joint Indemnity 22 Agreement approved by the Board of Supervisors on August 9, 1993. 23 Whichever of these documents the City has signed later in time is 24 currently in effect and hereby made a part of and incorporated into 25 this agreement as if set out in full herein. In the event the Board 26 of Supervisors later approves a revised Joint Indemnity Agreement and 27 the City executes the revised agreement, the subsequent agreement 28 as of its effective date shall supersede the agreement previously in 4 1 effect between the parties hereto. 2 8. Unless sooner terminated as provided for herein, this 3 agreement shall be effective July 1, 1999 and shall remain in effect 4 until June 30, 2004. At the option of the Board of Supervisors and 5 with the consent of the City Council, this agreement may be renewable 6 for successive periods of not to exceed five years each. 7 Notwithstanding the provisions of this paragraph hereinbefore set 8 forth, either party may terminate this agreement as of the first day 9 of July of any year upon notice in writing to the other party of not 10 less than sixty (60) days prior thereto. 11 Notwithstanding any provision herein to the contrary, the City may 12 terminate this agreement upon notice in writing to the County given 13 within sixty (60) days of receipt of written notice by the County of 14 any increase in the rate for any service to be performed hereunder, 15 and in such an event this agreement shall terminate sixty (60) 16 calendar days from the date of the City's notice to the County 17 aforementioned. 18 9. General law enforcement services will be provided by County on 19 the basis of a law enforcement service unit, or multiple or fraction 20 thereof. It is hereby agreed that the minimum level basic law 21 enforcement service shall be mutually agreed to by both the City and 22 the County as provided in Paragraph 2 herein. 23 Notwithstanding any provision herein to the contrary, the City may 24 request a reduction in the level of law enforcement service provided 25 by County to occur within sixty (60) days of receipt of written notice 26 by the County of any increase in the rate for any service to be 27 performed hereunder. 28 10. The City shall pay for such service or services as are 5 1 required and requested and provided under the terms of this service 2 agreement at the rate established by the Auditor -Controller. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 R. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SHERIFF'S DEPARTMENT'S CONTRACT CITY LAW ENFORCEMENT RATES* FISCAL YEAR 1999-2000 YEARLY LIABILITY SERVICE UNIT RATE ® 696 TOTAL Deputy Sheriff Service unit One Deputy, No -Relief $ 139,142 $ 8,348.52 $ 147,490.52 One Deputy, 40 Hour 156,038 9,362.28 165,400.28 One Deputy, 56 Hour 218,453 13,107.18 231,560.18 One Deputy, 84 Hour 327,680 19,660.80 347,340.80 Two Deputy, 40 hour 312,076 18,724.56 330,800.56 Two Deputy, 56 hour 436,906 26,214.36 463,120.36 Deputy Sheriff Service Unit (Bonus I) One Deputy, No -Relief 148,391 8,903.46 157,294.46 One Deputy, 40 Hour 166,410 9,984.60 176,394.60 One Deputy, 56 Hour 232,974 13,978.44 246,952.44 One Deputy, 56 Hour 349,461 20,967.66 370,428.66 Sergeant (Supplemental) 119,483 N/A 119,483.00 Supplemental Support Service Units Watch Deputy 97,289 5,837.34 103,126.34 Law Enforcement Technician 51,047 3,062.82 54,109.82 Custody Assistant 58,211 3,492.66 61,703.66 Miscellaneous Service Units STAR Deputy (formerly SANE) 86,384 N/A 86,384.00 Crossing Guard (hourly) 9.96 0.60 10.56 License Detail (hourly) 57.28 3.44 60.72 Community Service Officer With Vehicle 30,226 1,813.56 32,039.56 Without Vehicle 24,775 1,486.50 26,261.50 Growth Deputy 92,790 5,567.40 98,357.40 7 1 The foregoing rates shall be readjusted by the County Auditor - 2 Controller annually effective July 1 of each year to reflect the cost 3 of such service in accordance with the policies and procedures for the 4 determination of such rate as adopted by the Board of Supervisors of 5 County. 6 11. The cost of other services requested pursuant to this 7 agreement and not set forth in Paragraph 10 shall be determined by the 8 Auditor -Controller in accordance with the policies and procedures 9 established by the Board of Supervisors of County. 10 12. The County, through the Sheriff of the County of Los 11 Angeles, shall render to said City within ten days after the close of 12 each calendar month a summarized invoice which covers all services 13 performed during said month, and said City shall pay County therefor 14 within sixty (60) days after date of said invoice. 15 If such payment is not delivered to the County office which is 16 described on said invoice within sixty (60) days after the date of the 17 invoice, the County is entitled to recover interest thereon. Said 18 interest shall be at the rate of ten (10) percent per annum or any 19 portion thereof calculated from the last day of the month in which the 20 services were performed. 21 13. Notwithstanding the provisions of Government Code Section 22 907, if such payment is not delivered to the County office which is 23 described on said invoice within sixty (60) days after the date of the 24 invoice, the County may satisfy such indebtedness, including interest 25 thereon, from any funds of the City on deposit with the County without 26 giving further notice to City of County's intention to do so. 27 14. As part of its compliance with all applicable laws and 28 regulations relating to employee hiring, the County agrees that the 8 1 County Civil Service Rules to which it is subject and which prohibit 2 discrimination on the basis of non -merit factors, shall for purposes 3 of this contract be read and understood to prohibit discrimination on 4 the basis of sexual orientation. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 1 IN WITNESS WHEREOF, the City of Diamond Bar, by resolution duly 2 adopted by its City Council, caused this agreement to be signed by its 3 Mayor and attested to by its Clerk, and the County of Los Angeles, by 4 order of its Board of Supervisors, has caused these presents to be 5 subscribed by the Chairman of said Board to be affixed thereto and 6 attested by the Clerk of said Board, all on the day and year first 7 above written. 8 CITY OF DIAMOND BAR 9 By 10 Mayor 11 COUNTY OF LOS ANGELES 12 13 ByChair, Board of Supervisors ATTEST: 14 15 City Clerk 16 ATTEST: 17 JOANNE STURGES 18 Executive Officer/Clerk of the Board of Supervisors 19 20 By Deputy 21 APPROVED AS TO FORM: 22 LLOYD W._jZgLLMAN 23 County ounsel 24 25 Deputy 26 27 28 10 �.._ Y U:~ _JA_ViU_A. 1 _�,,v% AGENDA REPORT AGENDA NO.-?, -� TO: Terrence L. Belanger, City Manager MEETING DATE: June 15, 1999 REPORT DATE: June 9, 1999 FROM: James DeStefano, Deputy City Manager TITLE: (1) AN ORDINANCE OF THE CITY OF DIAMOND BAR ADOPTING BY REFERENCE TITLE 32, FIRE CODE, OF THE LOS ANGELES COUNTY CODE, MAKING AMENDMENTS TO SAID CODE; AMENDING TITLE 16 OF THE DIAMOND BAR MUNICIPAL CODE; AND DECLARING THE URGENCY THEREOF. (2) AN ORDINANCE OF THE CITY OF DIAMOND BAR ADOPTING BT REFERENCE TITLE 32, FIRE CODE, OF THE LOS ANGELES COUNTY CODE, MAKING AMENDMENTS TO SAID CODE; AMENDING TITLE 16 OF THE DIAMOND BAR MUNICIPAL CODE. SUMMARY: The County of Los Angeles Fire Department is currently providing fire protection services for the city of Diamond Bar as a member of the Consolidated Fire Protection District. On June 1, 1999 the Los Angeles Board of Supervisors adopted and amended the 1998 California Fire Code. The Uniform Fire Code is revised and updated by the State every three years and adopts the most current Fire Codes printed by the International Fire Code Institute, the International Conference of Building Officials and Western Fire Chief Association. The 1998 California Fire Code has been completely revised from previous years. The revision of the Fire Code is consistent with the revisions of the Building Codes. Local jurisdictions are required to adopt said codes by ordinance within six (6) months upon state approval or they will automatically be adopted by operation of law. The State allows local municipalities to amend the California Fire Code to meet the unique climatic, geographical, and topographical conditions of the City. RECOMMENDATION: That the City Council receive staff presentation , accept public testimony, and waive further reading and introduce the attached Ordinance No. XX (1999) U for adoption on an urgency basis and introduce for fust reading Ordinance No. XX (1999). LIST OF ATTACHMENTS x Staff Reports _ Public Hearing Notification _ Resolution _ Bid Specification (on file in City Clerk's Office) x Ordinances x Other: Documents on file in the City Clerk's Office Agreement(s) EXTERNAL DISTRIBUTION: Fire Department 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? 4/5 3. Has environmental impact been assessed? N/A 4. Has the report been reviewed by a Commission? N/A Which Commission'? 5. Are other departments affected by the report? ,Yes _ No Report discussed with the following affected departments: Fire Dept. Terre6e L. Belangeo U James DeStef City Manager Deputy City CITY COUNCIL REPORT AGENDA NO. MEETING DATE: June 9, 1999 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: (1) An Ordinance of the City of Diamond Bar adopting by reference Title 32, Fire Code, of the Los Angeles County Code; making amendments to said code; amending Title 16 of the Diamond Bar Municipal Code; and declaring the urgency thereof. (2) An Ordinance of the City of Diamond Bar adopting by reference Title 32, Fire Code, of the Los Angeles County Code, making amendments to said code; amending Title 16 of the Diamond Bar Municipal Code. ISSUE STATEMENT: The State of California reviews its Model Uniform Fire Code regulations every three years, and adopts the most current Fire Codes printed by the International Fire Code Institute, the International Conference of Building Officials and Western Fire Chief Association. The Los Angeles Fire Department reviews and amended the State Fire Code to meet the unique climatic, geographical and topographical conditions of the county. The Los Angeles County Board of Supervisors approve the State Code on June 1, 1999. State law requires that municipalities adopt the 1998 edition of the California Fire Code ( Part 9 of Title 24 of the California Code of Regulations) and any modification thereto, by July 1, 1999. It is essential that the City have in effect on that date a fire code that comports with state law and contains those modifications. RECOMMENDATION: That the City Council receive a staff presentation, accept public testimony, and waive further reading and introduce the attached Ordinance No. XX (1999)U for adoption on an urgency basis and introduce for first reading Ordinance No. XX (1999). BACKGROUND: In June , of this year the State adopted and approved the 1998 edition of California Fire Code as printed and published by the International Fire Code Institute, the International Conference of Building Officials and the Western Fire Chiefs Association, including appendices I -C and excluding all other appendices. The State allows the city to amend the Fire Code within six (6) months upon state approval. This year the local adoption is July 1, 1999. DISCUSSION: The Building staffs has reviewed the proposed ordinance along with the Los Angeles County approved ordinance and strongly recommends that the City Council adopts the proposed City Ordinance. The Los Angeles County Code Title 32, amends the state code in the following manner: It clarifies the police powers of the Fire Prevention Bureau, gives the Fire Marshall authority, requires plans and specifications, high -piled combustible storage regulations, identification of very high fire hazard severity zones, premise identification (addresses), access requirements, temporary place of assembly, bonfire and rubbish fire requirements, describes high-rise structure requirements, pool drafts system requirements, fire department notification for fire alarms. 2 ORDINANCE NO. (1999) AN ORDINANCE OF THE CITY OF DIAMOND BAR ADOPTING BY REFERENCE TITLE 32, FIRE CODE, OF THE LOS ANGELES COUNTY CODE; MAKING AMENDMENTS TO SAID CODE; AMENDING TITLE 16 OF THE DIAMOND BAR MUNICIPAL CODE; AND DECLARING THE URGENCY THEREOF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES ORDAIN AS FOLLOWS: Section 1. Chapter 16.00 (Fire Code) of the Diamond Bar Municipal Code is hereby amended to read as follows: "CHAPTER 16.00" FIRE CODE 16.00.010. Adopted. Except as hereinafter provided in this Title, Title 32, Fire Code, of the Los Angeles County Code, as amended and in effect on July 1, 1999, which constitutes an amended version of the California Fire Code, 1998 Edition (Part 9 of Title 24 of the California Code of Regulations), including Appendix I -C and excluding all other appendices, is hereby adopted by reference and shall constitute and may be cited as the Fire Code of the City of Diamond Bar. In the event of any conflict between provisions of the California Fire Code, 1998 Edition, Title 32 of the Los Angeles County Code, or any amendment to the Fire Code contained in the Diamond Bar Municipal Code, the provision contained in the later listed document shall control. A copy of Title 32 of the Los Angeles County Code, along with a copy of the Uniform Fire Code, 1997 edition, has been deposited in the office of the City Clerk of the City of Diamond Bar and shall be at all times maintained by the Clerk for use and examination by the public. 16.00.020. Amendments to Fire Code. Notwithstanding the provisions of Section 16.00.010, the Fire Code is amended by deleting Sections 103.4.7 and 103.4.8 and Articles 89 and 100. 16.00.030. Violations. (a) Every person who violates, or who fails to comply with any of the requirements of, any provision of the Fire Code, this Chapter or Chapter 16.04, or any provision of any permit or license granted hereunder, or any rule, regulation or policy promulgated pursuant hereto, is guilty of a misdemeanor and shall be punishable as provided in Section 1.04.010 of the Diamond Bar Municipal Code, unless such violation is otherwise declared to be an infraction by Section 16.00.050 of this Chapter. Each such violation is a separate offense for each and every day during any portion of which such violation is committed. (b) Every violation determined to be an infraction hereunder is punishable in such manner and to such extent as is provided by Section 1.04.020 of the Diamond Bar Municipal Code. (c) For the purposes of this Section a forfeiture of bail shall be equivalent to a conviction. 16.00.040. Responsibility. Any person who personally or through another willfully, negligently, or in violation of law sets a fire, allows a fire to be set, or allows a fire kindled or attended by such person to escape from his or her control, allows any hazardous material to be handled, stored or transported in a manner not in accordance with nationally recognized standards, allows any hazardous material to escape from his or her control, neglects to properly comply with any written notice of the chief, or willfully or negligently allows the continuation of a violation of the Fire Code and amendments thereto is liable for the expense of fighting the fire or for the expenses incurred during a hazardous materials incident, and such expense shall be a charge against that person. Such charge shall constitute a debt of such person and is collectible by the public agency incurring such expenses in the same manner as in the case of an obligation under a contract, expressed or implied. 16.00.050 List of Infractions. In accordance with Section 16.00.030 of this Chapter, the violation of the following Sections or Subsections of the Fire Code shall be infractions: Section 901.4.4 Premises identification 902.2.4 Obstructing and control of fire apparatus access 1001.5.1 Maintenance of fire -protection systems and equipment 1001.5.3 Systems out of service 1001.6.2 Fire hydrant and fire appliances 1002 Portable fire extinguishers 1102.3 Open burning 1103 Combustible materials 1105 Asphalt kettles 1109.4 Smoking 1109.5 Burning objects 1109.6 Hot ashes and spontaneous ignition sources 1115.3 Fire prevention regulations 1115.5 Portable fire protection equipment 1115.7 Maintenance of access 1117.2 Structures 1118.17 Fire roads and firebreaks 1207.3 Locking devices 1207.6 Door identification 1210.3 Storage under stairways 1212.4 Illumination 2401.9 Smoking 2901.6.2 Lubricating oil 3004.3 Waste removal 3008.5 Combustible waste 3213 Means of egress illumination 3221.2 Vegetation removal 3221.3 Storage 3404 Fire apparatus access roads 3601.6 Fire protection 3601.7 Smoking 4501.4 Smoking 4501.5 Welding warning signs 4502.3.3 Filter disposal 4502.8.2 Fire extinguishers 4502.9 Operations and maintenance 4503.7.1 General 4503.8 Dip tank covers 4504.3.2 Signs 4504.4 Maintenance 4505.6.1 Dust accumulation 4506.6 Sources of ignition 4606.2 Smoking 4607 Housekeeping 5201.7 Sources of ignition 7401.5.1 General 7401.6 Security 7607 Smoking and open flames 7901.7.2 Maintenance and operating practices 7901.10 Sources of ignition 7902.5.3 Empty containers and portable tanks 7904.3.2.1 Storage tanks and sources of ignition 7904.4.7 Sources of ignition 7904.4.9 Fire protection 7904.6.4 Smoking 8001.8 Signs 8003.1.12 Clearance from combustibles 8004.1.8 Signs 8004.3.5 Clearance from combustibles 8208 Smoking and other sources of ignition 8209 Clearance to combustibles 8506 Extension cords and flexible cords" Section 2. Chapter 16.04 of the Diamond Bar Municipal Code is hereby readopted. Section 3. The City Council does hereby expressly find and determine that the amendments to the "California Fire Code," 1998 Edition, set forth in this Ordinance, including the amendments in Title 32 of the Los Angeles County Code, are reasonably necessary because of local climatic, geological or topographic conditions. This express finding is supported and based upon the following more specific findings and determinations: a. Located throughout the City of Diamond Bar, as well as in the surrounding cities, are numerous concentrations of structures which have roofs constructed of thinly cut pieces of wood, otherwise known as untreated shakes, as well as untreated wood shingles. These untreated wood shakes and shingles are extremely combustible in nature. b. The City of Diamond Bar, as well as the surrounding cities, is located in an area climatically classified as "arid" and prone to winds of high velocity. Moreover, due to the and nature of the area, the weather during the windy periods tends to be very warm and dry. The dry weather conditions are very hazardous to the surrounding undeveloped hillsides and wild lands which neighbor highly populated areas. C. Because of the above-described climatic and meteorological conditions, the City of Diamond Bar and the surrounding cities have historically suffered from occasional structural and brush fires. These have often been difficult to control due to the high velocity, dry winds carrying sparks and cinders to surrounding structures with roofs constructed as described in paragraph a. above. d. The City of Diamond Bar is located in a seismically active area and is in close proximity to earthquake fault zones (Whittier fault, just south of Tonner Canyon; Chino fault passes within a mile of the city's eastern boundary), and it is reasonably foreseeable that an earthquake would render the City of Diamond Bar particularly vulnerable to devastation. Further, the City of Diamond Bar is bisected by major freeways, located primarily in a north - south direction. Substantial number of flood control facilities additionally exist, as well as freeway overpasses and major railroad right-of-ways e. Because of the above-described geological conditions within the city, and the substantial amount of freeway, railroad, and flood control facilities throughout the community, the City of Diamond Bar, in the event of an earthquake, may be unable to dispatch an adequate number of fire personnel and apparatus to suppress fires and conduct rescue operations. Moreover, the conditions within Diamond Bar likewise occur in surrounding communities, hereby rendering mutual aid assistance problematic, at best. f. Furthermore, climatic conditions within the community render it extremely likely that, in the event of seasonal high winds and earthquake occurring, the County Fire Department would be unable to suppress numerous fires occurring throughout the community. Section 4. All inconsistencies between the Fire Code, as adopted by this Ordinance, and the 1998 edition of the California Fire Code, as set forth in Part 9 of Title 24 of the California Code of Regulations, are changes, modifications, amendments, additions or deletions thereto authorized by California Health and Safety Sections 17958.5 and 17958.7. Section 5. To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Diamond Bar Municipal Code, these provisions shall be construed as continuations of those provisions and not as new enactments. Section 6. If any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed and adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more of said sections, subsections, sentences, clauses, phrases, parts or portions may be declared invalid or unconstitutional. Section 7. State law requires that localities adopt the 1998 edition of the California Fire Code, and any modifications thereto, by July 1, 1999. It is essential that the City have in effect on that date a fire code that comports with state law and contains those modifications necessitated by unique topographic, geologic and climatic conditions. In the absence of immediate effectiveness, the provisions of the fire code unique to the City's special circumstances will not be in place and this will have a detrimental effect on the public, health, safety and welfare. The modifications to the fire code contain vital provisions regarding administrative procedures, fireworks, sprinkler requirements, and other similar matters necessitated by the City's exposure to Santa Ana winds, its limited rainfall in summer and fall months and the City's proximity to earthquake fault zones. For these reasons, the public health, safety and welfare require that this ordinance take effect immediately. This is an urgency ordinance. Section 8. This Ordinance No. (1999`-„ shall be effective upon adoption and shall become operative July 1, 1999. PASSED, APPROVED AND ADOPTED this 15th day of June, 1999. Mayor I, LYNDA BURGESS, 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 held on The day of , 1999, and was finally passed at a regular meeting of the City Council of Diamond Bar held on the day of , 1999 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ATTEST: City Clerk City of Diamond Bar ORDINANCE NO. (1999) AN ORDINANCE OF THE CITY OF DIAMOND BAR ADOPTING BY REFERENCE TITLE 32, FIRE CODE, OF THE LOS ANGELES COUNTY CODE; MAKING AMENDMENTS TO SAID CODE; AND AMENDING TITLE 16 OF THE DIAMOND BAR MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES ORDAIN AS FOLLOWS: Section 1. Chapter 16.00 (Fire Code) of the Diamond Bar Municipal Code is hereby amended to read as follows: "CHAPTER 16.00." FIRE CODE 16.00.010. Adopted. Except as hereinafter provided in this Title, Title 32, Fire Code, of the Los Angeles County Code, as amended and in effect on July 1, 1999, which constitutes an amended version of the California Fire Code, 1998 Edition (Part 9 of Title 24 of the California Code of Regulations), including Appendix I -C and excluding all other appendices, is hereby adopted by reference and shall constitute and may be cited as the Fire Code of the City of Diamond Bar. In the event of any conflict between provisions of the California Fire Code, 1998 Edition, Title 32 of the Los Angeles County Code, or any amendment to the Fire Code contained in the Diamond Bar Municipal Code, the provision contained in the later listed document shall control. A copy of Title 32 of the Los Angeles County Code, along with a copy of the Uniform Fire Code, 1997 edition, has been deposited in the office of the City Clerk of the City of Diamond Bar and shall be at all times maintained by the Clerk for use and examination by the public. 16.00.020. Amendments to Fire Code. Notwithstanding the provisions of Section 16.00.010, the Fire Code is amended by deleting Sections 103.4.7 and 103.4.8 and Articles 89 and 100. 16.00.030. Violations. (a) Every person who violates, or who fails to comply with any of the requirements of, any provision of the Fire Code, this Chapter or Chapter 16.04, or any provision of any permit or license granted hereunder, or any rule, regulation or policy promulgated pursuant hereto, is guilty of a misdemeanor and shall be punishable as provided in Section 1.04.010 of the Diamond Bar Municipal Code, unless such violation is otherwise declared to be an infraction by Section 16.00.050 of this Chapter. Each such violation is a separate offense for each and every day during any portion of which such violation is committed. (b) Every violation determined to be an infraction hereunder is punishable in such manner and to such extent as is provided by Section 1.04.020 of the Diamond Bar Municipal Code. (c) For the purposes of this Section a forfeiture of bail shall be equivalent to a conviction. 16.00.040. Responsibility. Any person who personally or through another willfully, negligently, or in violation of law sets a fire, allows a fire to be set, or allows a fire kindled or attended by such person to escape from his or her control, allows any hazardous material to be handled, stored or transported in a manner not in accordance with nationally recognized standards, allows any hazardous material to escape from his or her control, neglects to properly comply with any written notice of the chief, or willfully or negligently allows the continuation of a violation of the Fire Code and amendments thereto is liable for the expense of fighting the fire or for the expenses incurred during a hazardous materials incident, and such expense shall be a charge against that person. Such charge shall constitute a debt of such person and is collectible by the public agency incurring such expenses in the same manner as in the case of an obligation under a contract, expressed or implied. 16.00.050 List of Infractions. In accordance with Section 16.00.030 of this Chapter, the violation of the following Sections or Subsections of the Fire Code shall be infractions: Section 901.4.4 Premises identification 902.2.4 Obstructing and control of fire apparatus access 1001.5.1 Maintenance of fire -protection systems and equipment 1001.5.3 Systems out of service 1001.6.2 Fire hydrant and fire appliances 1002 Portable fire extinguishers 1102.3 Open burning 1103 Combustible materials 1105 Asphalt kettles 1109.4 Smoking 1109.5 Burning objects 1109.6 Hot ashes and spontaneous ignition sources 1115.3 Fire prevention regulations 1115.5 Portable fire protection equipment 1115.7 Maintenance of access 1117.2 Structures 1118.17 Fire roads and firebreaks 1207.3 Locking devices 1207.6 Door identification 1210.3 Storage under stairways 1212.4 Illumination 2401.9 Smoking 2901.6.2 Lubricating oil 3004.3 Waste removal 3008.5 Combustible waste 3213 Means of egress illumination 3221.2 Vegetation removal 3221.3 Storage 3404 Fire apparatus access roads 3601.6 Fire protection 3601.7 Smoking 4501.4 Smoking 4501.5 Welding warning signs 4502.3.3 Filter disposal 4502.8.2 Fire extinguishers 4502.9 Operations and maintenance 4503.7.1 General 4503.8 Dip tank covers 4504.3.2 Signs 4504.4 Maintenance 4505.6.1 Dust accumulation 4506.6 Sources of ignition 4606.2 Smoking 4607 Housekeeping 5201.7 Sources of ignition 7401.5.1 General 7401.6 Security 7607 Smoking and open flames 7901.7.2 Maintenance and operating practices 7901.10 Sources of ignition 7902.5.3 Empty containers and portable tanks 7904.3.2.1 Storage tanks and sources of ignition 7904.4.7 Sources of ignition 7904.4.9 Fire protection 7904.6.4 Smoking 8001.8 Signs 8003.1.12 Clearance from combustibles 8004.1.8 Signs 8004.3.5 Clearance from combustibles 8208 Smoking and other sources of ignition 8209 Clearance to combustibles 8506 Extension cords and flexible cords" Section 2. Chapter 16.04 of the Diamond Bar Municipal Code is hereby readopted. Section 3. The City Council does hereby expressly find and determine that the amendments to the "California Fire Code," 1998 Edition, set forth in this Ordinance, including the amendments in Title 32 of the Los Angeles County Code, are reasonably necessary because of local climatic, geological or topographic conditions. This express finding is supported and based upon the following more specific findings and determinations: a. Located throughout the City of Diamond Bar, as well as in the surrounding cities, are numerous concentrations of structures which have roofs constructed of thinly cut pieces of wood, otherwise known as untreated shakes, as well as untreated wood shingles. These untreated wood shakes and shingles are extremely combustible in nature. b. The City of Diamond Bar, as well as the surrounding cities, is located in an area climatically classified as "arid" and prone to winds of high velocity. Moreover, due to the arid nature of the area, the weather during the windy periods tends to be very warm and dry. The dry weather conditions are very hazardous to the surrounding undeveloped hillsides and wild lands which neighbor highly populated areas. C. Because of the above-described climatic and meteorological conditions, the City of Diamond Bar and the surrounding cities have historically suffered from occasional structural and brush fires. These have often been difficult to control due to the high velocity, dry winds carrying sparks and cinders to surrounding structures with roofs constructed as described in paragraph a. above. d. The City of Diamond Bar is located in a seismically active area and is in close proximity to earthquake fault zones (Whittier fault, just south of Tonner Canyon; Chino fault passes within a mile of the city's eastern boundary), and it is reasonably foreseeable that an earthquake would render the City of Diamond Bar particularly vulnerable to devastation. Further, the City of Diamond Bar is bisected by major freeways, located primarily in a north - south direction. Substantial number of flood control facilities additionally exist, as well as freeway overpasses and major railroad right-of-ways. e. Because of the above-described geological conditions within the city, and the substantial amount of freeway, railroad, and flood control facilities throughout the community, the City of Diamond Bar, in the event of an earthquake, may be unable to dispatch an adequate number of fire personnel and apparatus to suppress fires and conduct rescue operations. Moreover, the conditions within Diamond Bar likewise occur in surrounding communities, hereby rendering mutual aid assistance problematic, at best. f. Furthermore, climatic conditions within the community render it extremely likely that, in the event of seasonal high winds and earthquake occurring, the County Fire Department would be unable to suppress numerous fires occurring throughout the community. Section 4. All inconsistencies between the Fire Code, as adopted by this Ordinance, and the 1998 edition of the California Fire Code, as set forth in Part 9 of Title 24 of the California Code of Regulations, are changes, modifications, amendments, additions or deletions thereto authorized by California Health and Safety Sections 17958.5 and 17958.7. Section 5. To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Diamond Bar Municipal Code, these provisions shall be construed as continuations of those provisions and not as new enactment. Section 6. If any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed and adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more of said sections, subsections, sentences, clauses, phrases, parts or portions may be declared invalid or unconstitutional. PASSED, APPROVED AND ADOPTED this _ day of July, 1999. Mayor I, LYNDA BURGESS, 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 held on The day of 1999, and was finally passed at a regular meeting of the City Council of Diamond Bar held on the day of , 1999 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ATTEST: City Clerk City of Diamond Bar MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL FROM: TERRENCE L. BELANGER, CITY MANAGER .' b RE: RECOMMENDATIONS ON CURRENT STATE LEGISLATION: AB 18 (VILLARAIGOSA); AB 1355 (HAVICE; SB 216 (SOLIS) DATE: JUNE 15, 1999 RECOMMENDATION: The following pieces of currently proposed State legislation are recommended for the City of Diamond Bar's City Council support: AB 18 (Villaraigosa): SUPPORT This legislation proposes a $1.5 billion urban parks, clean water and coastal protection bond act. If passed, this bond act proposal would be placed on the November, 2000 ballot for voter consideration and approval. If the voters approve this bond act proposal, $1.5 billion in general obligation bonds would be sold to finance a variety of urban parks, clean water and coastal protection projects. It is recommended that AB 18 be supported. AB 1355 (Havice) and SB 216 (Solis): SUPPORT Both these legislative proposals seek to create a San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy. The City of Diamond Bar had previously adopted policy guidelines, which would have had to be met, if the City were to support either or both of these pieces of legislation. With recent amendments to these bills, the League of California Cities -Los Angeles County Division has determined that the policy guidelines have been satisfied; and, has acted to support both AB 1355 and SB 216. Briefly, both proposals would have governing boards with a majority of elected officials, would not have eminent domain powers and would require a city in which a project is proposed to give its written consent to the project. The amended bills now meet the policy guidelines. Therefore, it is recommended that AB 1355 and SB 216 be supported, as amended. BILL ANALYSIS ASSEMBLY THIRD READING AB 18 (Villaraigosa) As Amended April 22, 1999 2/3 vote. Urgency SUMMARY: Authorizes, upon passage by the voters in the November 2000 election, the sale of $1.5 billion in general obligation bonds to finance a program for the acquisition, development, improvement, rehabilitation, restoration, enhancement, and protection of park, recreational, cultural, historical, fish and wildlife, and coastal resources. Specifically,this bill: 1) Creates the Villaraigosa-Keeley Urban Parks, Clean Water and Coastal Protection Bond Act of 2000, which would place a measure on the November 2000 ballot authorizing the sale of $1.5 billion in general obligation bonds. Bonds funds would be subject to appropriation by the Legislature and allocated as follows: a) $300 million to the Department of Parks and Recreation (department) for the rehabilitation, development, and stewardship of existing state park units. b) $18 million to the department for stewardship projects for cultural resources. c) $4 million to the department for facilities and improvements to enhance volunteer participation in the state park system. d) $20 million to the department for grants to local agencies administering units of the state park system. e) $10 million to the California Heritage Fund. f) $350 million to the department for grants, on the basis of population, for local park and recreational lands and facilities. g) $250 million to the department for grants to cities, counties, and districts for park and recreation facilities pursuant to the Roberti-Z'berg-Harris Urban Open -Space and Recreational Program Act. h) $10 million to the department for grants for the development, improvement, rehabilitation, restoration, and enhancement of public access to lakes, rivers, and reservoirs. i) $10 million to the department for grants to cities, counties, districts, and local park agencies for trails. j) $2.5 million to the California Conservation Corps for capital outlay and resource conservation projects and administrative costs allocable to projects funded by this bill. k) $38 million to the department for grants for urban recreational and cultural centers, including but not limited to zoos and aquariums. 1) $7.5 million to the department for regional youth soccer facilities. m) $147.5 million in a continuous appropriation to the Wildlife Conservation Board. n) $50 million to the California Tahoe Conservancy. o) $200 milllion to the California Coastal Conservancy p) $45 million to the Santa Monica Mountains Conservancy, $25 million of which is dedicated to parks, wildlife habitat and natural areas, and $20 million to projects on the Los Angeles and San Gabriel Rivers. q) $2.5 million to the Coachella Valley Mountains Conservancy. r) $7.5 million to the San Joaquin River Conservancy. s) $2.5 million to the California Conservation Corps for grants to certified local community conservation corps programs. t) $5 million to the Department of Conservation for grants for agricultural land stewardship. u) $10 million to the Department of Forestry and Fire Protection for grants for urban forestry projects. v) $10 million to the Department of Fish and Game, $5 million of which is to be dedicated to development, enhancement, restoration, and preservation of land, and the other $5 million to be dedicated to the State Duck Stamp Account for the acquisition of habitat preservation and enhancement agreements on private wetlands. 2) Requires that all acquisitions of real property funded by these bonds be from willing sellers. FISCAL EFFECT: According to the Assembly Appropriations Committee analysis, a total principal and interest cost of $2.48 billion, if all $1.5 billion worth of general obligation bonds are issued and sold as 25 year bonds at an interest rate of 5%. Analysis Prepared by: Sally Knox / NAT. RES. / (916) 319-2092 League of Califora Cities Staff from Assembly Member Havice's office told the committee that AB 1355 will be amended, Los Angus Ceimty Division expanding the governing board to 15 members, nine from the cities (including two from the cities in Orange County) and one each from Los Angeles and Orange Counties. The bill also contains Dennis Washburn provisions that satisfy the division's adopted guidelines related to land use authority and eminent c7 domain. The division voted to support AB 1355 if amended to expand the board to 15 and Edward W keep local government officials in the majority. Culver ver City City Update on SB 216 (Solis) and AB 1355 (Havice) ;;j President and city officials involved and will continue to monitor the bills as they move the process. M Bob Pinzler If you have any questions about these bills and the adopted position of the Los Angeles County Redondo Beach Date: June 7, 1999 President Elect Beatrice Proo To: Interested City Officials in the San Gabriel Valley Pico Rivera and Gateway Cities COG Areas Vice President From: Carol Herrera, Chair, Legislative Committee Carol Herrera Diamond Bar Re: Los Angeles County Division Positions on SB 216 and AB 1355 Treasurer Edward H. J. Wilson Signal Hill I am pleased to report that the Los Angeles County Division has adopted positions on both bills related to the creation of a conservancy on the Los Angeles and San Gabriel Rivers as follows: State League Director Margaret Clark • SB 216 (Solis) —Support if Amended Rosemead • AB 1355 (Havice) — Support if Amended Past President Marshall Mouw At the June 3 Legislative Committee meeting, representatives from both Senator Solis and Glendora Assembly Member Havice were available to update the committee on the status of the bills. The Regional Directors: position of the division is based upon these updates. Ken Blackwood SB 216 (Solis) Lomita Staff from Senator Solis' office informed the committee that SB 216 will be amended, adding two seats to the governing board for the cities in Orange County. This expands the governing board to Isidro Menezes 13 members, six from the cities and one from Los Angeles County. Currently, the bill contains Artesia provisions that satisfy the division's adopted guidelines related to land use authority and eminent domain. The division voted to support SB 216 if amended to add two seats on the governing Suzan Smith board for the cities in Orange County, giving local government officials a majority. Claremont AB 1355 (Havice) Rita Walters Staff from Assembly Member Havice's office told the committee that AB 1355 will be amended, Los Angeles expanding the governing board to 15 members, nine from the cities (including two from the cities in Orange County) and one each from Los Angeles and Orange Counties. The bill also contains Dennis Washburn provisions that satisfy the division's adopted guidelines related to land use authority and eminent Calabasas domain. The division voted to support AB 1355 if amended to expand the board to 15 and Edward W keep local government officials in the majority. Culver ver City City The Los Angeles County Division greatly appreciates the hard work and effort of the legislators and city officials involved and will continue to monitor the bills as they move the process. If you have any questions about these bills and the adopted position of the Los Angeles County Division, please call Michael Gold at 626/305-1315. 602 East Huntington Drive, Suite C • Monrovia, California 91016 • Telephone (626) 305-1315 • Fax (626) 305-1345 www.cacities.org MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: TERRENCE L. BELANGER, CITY MANAGER RE: RECOMMENDATIONS ON STATE LEGISLATION DATE: APRIL 6, 1999 RECOMMENDATION: SB597 (Poochigian) - SUPPORT This legislation would require a city's consent prior to the acquisition, through eminent domain, by a joint exercise of powers authority/agency, where the property proposed to be acquired is within the boundaries of the city. If said property is within the city's sphere of influence area, the county in which the property is located must consent to the condemnation. A city's participation as a party to the joint powers agreement to form the authority/agency shall not constitute the consent required by this section 2. Rivers and Mountains and Conservancy Legislative Proposals — ADOPT GUIDELINES There are several State legislative proposals, which would create a rivers and mountains conservation authority, related to the San Gabriel River watershed area. The legislative proposals are very different in scope and approach. In an effort to avoid, at least at this point, choosing between the legislation, the League of California Cities, Los Angeles Division Legislative Committee adopted policy guidelines to guide the League member cities, regarding any rivers and mountains conservancy legislative proposal. The policy guidelines are as follows: - Create a board, commission or similar governing body that represents local government interests and gives local governments a strong voice in all decisions. The governing board must have a majority of elected city officials. - Representation must be proportional, giving both the San Gabriel Valley and Gateway cities areas and equal voice. Cities must have the ability to deny projects proposed by the conservancy, within the city's community. - Local control and land use authority must be retained. The conservancy cannot "trump" local land use decisions or have direct powers of eminent domain. - The conservancy may not engage in any offensive litigation. The recommendation is that the City Council adopt the League of Cities policy guidelines; and, require that any rivers and mountains conservancy legislation reflect the adopted policy guidelines. There is proposed resolution for the City Council to consider and approve. SB 1277 (Hayden) OPPOSE This legislative proposal would prohibit the construction of new roads and other infrastructure, in or through, units of the state park system and land reserves that are either leased or held in fee simple title, excluding infrastructure specifically identified in an approved general plan for the park or reserve that is necessary for the operation, maintenance, management, or use of the park or reserve. Except, construction can be approved by a legislative measure that requires the approval of a two-thirds vote of the membership[ of each house of the Legislature. RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING POLICY GUIDELINES REGARDING RIVERS AND MOUNTAINS CONSERVANCY LEGISLATIVE PROPOSALS WHEREAS, the State Legislature has had several legislative proposals submitted, both last year and this year, regarding the establishment of rivers and mountains conservancies; and, WHEREAS, it is important that the powers, authority and autonomy of cities be the paramount consideration, in any legislation which creates rivers and mountains conservancies; which conservancies overlay cities' corporate boundaries; and WHEREAS, the League of California Cities, Los Angeles County Division Legislative Committee adopted policy guidelines to guide League member cities, regarding any rivers and mountains conservancies legislative proposal. THEREFORE, be it resolved that the City Council of the City of Diamond Bar approves and adopts rivers and mountains conservancies legislative proposal policy guidelines, to wit: • Create a board, commission of similar governing body that represents local government interests and gives local governments a strong voice in all decisions. The governing board must have a majority of elected city officials. • Representation must be proportional, giving both the San Gabriel Valley and Gateway cities areas an equal voice. Cities must have the ability to deny projects proposed by the conservancy, within the city's community. • Local control and land use authority must be retained. The conservancy cannot "trump" local land use decisions or have direct powers of eminent domain. • The conservancy may not engage in any offensive litigation. BE IT FURTHER RESOLVED that the City Council of the City of Diamond Bar would support legislation, which contains language that adheres to the above policy guidelines. ab 1355 ASSEMBLY FLOOR 19990602 BILL ANALYSIS ASSEMBLY THIRD READING AB 1355 (Havice) As Amended April 22, 1999 Majority vote NATURAL RESOURCES 10-0 APPROPRIATIONS 14-7 SUMMARY: Establishes the Eastern Los Angeles and San Gabriel Rivers and Mountains Conservancy (Conservancy) as a state agency within the Resources Agency for the purpose of acquiring and managing public lands within the watersheds of the Los Angeles and San Gabriel Rivers for open -space, recreational and educational uses, watershed improvement and wildlife restoration; and for the purpose of preserving the Los Angeles and San Gabriel Rivers consistent with existing and, adopted flood control projects. Specifically,this bill: 1)Defines the geographic area to be included within the Conservancy as the San Gabriel Mountains, the San Gabriel River and its tributaries, the Los Angeles river and its tributaries south of Elysian Park, and one mile on either side of the rivers and tributaries. This area is designated as the Conservancy's "territory." Any land currently within the jurisdiction of the Santa Monica Mountains Conservancy (SMMC) is excluded. 2)Requires the Conservancy to prepare a parkway/open space plan, to approve Conservancy funded projects that further the purposes of the Conservancy, and to facilitate and coordinate its activities with flood control projects undertaken by Los Angeles County and the U.S. Army Corps of Engineers. 3)Creates a governing board of fourteen voting members and six nonvoting members. The voting membership is comprised of two representatives from the board of the Gateway Cities Council of Governments; two from the San Gabriel Valley Council of Governments; one from the Orange County Council of Governments; one gubernatorial appointment who is required to be a local resident; two public members appointed by the Speaker and the Senate Rules Committee; the Mayor of Long Beach; the Mayor of Los Angeles; one member of the Los Angeles County Board of Supervisors; and, one representative each from the Resources Agency, the Department of Parks and Recreation, and the Coastal Conservancy. Nonvoting members are to include representatives from the Army Corps, the U.S. Forest Service, the Los Angeles County Department of Public Works, the state Wildlife Conservation Board, the Department of Fish and Game, and a regional water resource planning agency. Board members are compensated at the rate of $100 per meeting; meetings of the board are subject to the open meetings requirements of the Bagley -Keene Act. 4)Authorizes the Conservancy to employ staff and enter into contracts and joint powers agreements, to sue and be sued, to administer and expend funds appropriated or contributed to it, and to charge fees not to exceed the cost of providing a service. 5)Confers upon the Conservancy the following powers, to be conducted consistent with the purposes of the Conservancy: a) To acquire real property within its territory from willing sellers at fair market value; to create and administer a mitigation land bank; and to arrange for land exchanges. b) To exercise the right of first refusal to purchase surplus public agency property. c) To manage, operate and maintain any land it acquires. d) To lease, sell, exchange or otherwise transfer any real property or interest acquired to a public agency, non-profit organization, individual or any other entity for management purposes. e) To undertake site improvement and rehabilitation projects and to regulate public access within the territory. 6)Requires the Conservancy to give 60 days prior notice of any proposed acquisition to the city or county in which the property is located. If the city or county objects, the Conservancy must then hold a noticed public hearing on the objections. 7)Designates the Conservancy as a local agency for purposes of borrowing money and incurring indebtedness. 8)Prohibits the Conservancy from levying a tax, regulating land use, or exercising the power of eminent domain. Expressly states that the Conservancy has no regulatory or governing authority over any ordinance adopted by any local jurisdiction within its territory. 9)Prohibits the Conservancy from taking any action to impede any previously adopted Los Angeles County Drainage Act (LACDA) project. EXISTING LAWauthorizes various conservancies to acquire, manage, and conserve public lands in specific regions and areas of special value or concern. Separate conservancies now exist for the coastal zone, the California -side of the Lake Tahoe Basin, the Santa Monica Mountains, the Coachella Valley, and the San Joaquin River. The conservancies are independent state agencies under the umbrella of the Resources Agency. They are not regulatory agencies, but instead have flexible authority to marshal public and private resources to preserve and protect areas within their jurisdictions. FISCAL EFFECT: According to the Assembly Appropriations Committee, moderate costs, $200,000 annually to the Resources Agency and $300,000 annually to the Conservancy, to administer and oversee the Conservancy. These costs may be partially offset by use fees. While funding is not included in the bill, the author is pursuing provisional funding in state park bond legislation. Analysis Prepared by: Sally Magnani Knox / NAT. RES. / (916) 319-2092 sb 216 SENATE FLOOR 1999/06/02 BILL ANALYSIS ------------------------------------------------------------ ISENATE RULES COMMITTEE I SB 2161 Office of Senate Floor Analyses 1020 N Street, Suite 524 1(916) 445-6614 Fax: (916) 1327-4478 ------------------------------------------------------------ THIRD READING Bill No: SB 216 Author: Solis (D), et al Amended: 5/10/99 Vote: 21 SENATE NATURAL RES. & WILD. COMMITTEE: 6-0, 3/23/99 AYES: Hayden, Alpert, Bowen, Johnston, Sher, Solis NOT VOTING: Johannessen, Leslie, Monteith SENATE APPROPRIATIONS COMMITTEE: 8-5, 5/27/99 AYES: Johnston, Alpert, Bowen, Burton, Escutia, Karnette, Perata, Vasconcellos NOES: Johnson, Kelley, Leslie, McPherson, Mountjoy SUBJECT: San Gabriel River and Mountains Conservancy SOURCE: Author DIGEST: This bill establishes the San Gabriel River and Mountains Conservancy to acquire and manage lands along the San Gabriel River and the Lower Los Angeles River and surrounding the San Gabriel Mountains, and prescribes the management, powers, and duties of the conservancy. ANALYSIS: This bill would do the following: 1. Establish a San Gabriel River and Mountains Conservancy, and prescribe the management powers and duties of the Conservancy, including preservation, restoration and protection of the San Gabriel River, the Lower Los Angeles River and the San Gabriel Mountains. Requires priority to be given to river related projects that create expanded opportunities for recreation, greening, aesthetic improvement and wildlife habitat. 2. The Conservancy Board would be composed of eleven (11) members, including: one member from the Los Angeles Board of Supervisors or a person appointed by the board who has specified qualifications; two members from the San Gabriel Council of Governments; one member from the Gateway Council of Governments; one person from the City of Long Beach; a community member appointed by the Governor; a community member appointed by the Senate Rules Committee; a community member appointed by the Speaker of the Assembly; one member from the San Gabriel Valley Water Association; one member from the Central Basin Water Association; and one person appointed by the Los Angeles Board of Supervisors who has participated in river restoration or open space preservation. Requirs the community members to have demonstrated experience in the support and implementation of river or watershed restoration projects as well as community development experience. 3. There would also be five ex officio non-voting members, representing state and federal resource agencies and public works. 4. The board would set priorities for projects and determine how funding would be allocated. The board would have the power to purchase land, arrange real estate exchanges, administer a mitigation bank, and take other actions consistent with the Conservancy's goal of protecting and preserving the land within its boundaries. The Conservancy would not have the power of eminent domain or of taking action affecting land within a city without approval of the city, but could enter into joint powers agreements and manage the land under its control. According to the Senate Natural Resources and Wildlife Committee analysis: Historically, conservancies have been created by law to aid in the management and preservation of areas of special concern, including the Santa Monica Mountains, the Tahoe Basin, and the California coast. The California Tahoe and Coastal Conservancies were also created as a way to moderate the impacts on land owners and business from strict regional regulation. While there is no regional regulatory body affecting the San Gabriel River, the author believes that this area is of special concern and in need of an agency which can respond to a wide variety of problems. The San Gabriel River flows south from the San Gabriel Mountains into the Pacific Ocean at Seal Beach, through dozens of urban neighborhoods that mirror the cultural and ethnic diversity of the state. Flood control projects on the river have cemented portions of the river bed and wells; however, soft bottom areas are important for groundwater recharge and allow for habitat for numerous species of birds. The San Gabriel River has historically received very little restoration funding, and the foothills of the San Gabriel Mountains are in need of open space preservation, and possible linkage to other publicly -held lands. FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No According to the Senate Appropriations Committee: Fiscal Impact (in thousands) Major Provisions 1999-2000 2000-01 2001-02 Fund Establishment of Unknown, $200 to $700 annually General a conservancy Senate Budget and Fiscal Review Subcommittee #2 provided $700,000 for this conservancy for 1999-00. SUPPORT: (Verified 5/27/99) San Gabriel River Council of Governments Sierra Club, California San Gabriel Valley Water Association California League of Conservation Voters City of Alhambra City of Baldwin Park City of Duarte City of E1 Monte City of Industry City of Irwindale City of Monterey Park City of Monrovia City Of San Gabriel City of San Dimas City of South E1 Monte Gabrieleno Tongva Tribal Council Hacienda Heights Improvements Association Industry Manufacturers Council Mike Antonovich, Supervisor, Los Angeles County Monrovia Mountains Conservancy Planning and Conservation League San Gabriel Mountains Regional Conservancy San Gabriel Valley Council of Governments (30 Cities) San Gabriel, Valley Tribune Newspaper Sierra Club, Angeles Chapter Surfrider Foundation, Huntington/Long Beach Chapter Upper San Gabriel Valley Municipal Water District Three Valleys Municipal Water District (Favor) US Dept of Interior, National Park Service (Favors creation) Independent Cities Association (In Concept) ORDINANCE NO. (1999) AN ORDINANCE OF THE CITY OF DIAMOND BAR ADOPTING BY REFERENCE TITLE 32, FIRE CODE, OF THE LOS ANGELES COUNTY CODE; MAKING AMENDMENTS TO SAID CODE; AMENDING TITLE 16 OF THE DIAMOND BAR MUNICIPAL CODE; AND DECLARING THE URGENCY THEREOF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES ORDAIN AS FOLLOWS: Section 1. Chapter 16.00 (Fire Code) of the Diamond Bar Municipal Code is hereby amended to read as follows: "CHAPTER 16.00" FIRE CODE 16.00.010. Adopted. Except as hereinafter provided in this Title, Title 32, Fire Code, of the Los Angeles County Code, as amended and in effect on July 1, 1999, which constitutes an amended version of the California Fire Code, 1998 Edition (Part 9 of Title 24 of the California Code of Regulations), including Appendix I -C and excluding all other appendices, is hereby adopted by reference and shall constitute and may be cited as the Fire Code of the City of Diamond Bar. In the event of any conflict between provisions of the California Fire Code, 1998 Edition, Title 32 of the Los Angeles County Code, or any amendment to the Fire Code contained in the Diamond Bar Municipal Code, the provision contained in the later listed document shall control. A copy of Title 32 of the Los Angeles County Code, along with a copy of the Uniform Fire Code, 1997 edition, has been deposited in the office of the City Clerk of the City of Diamond Bar and shall be at all times maintained by the Clerk for use and examination by the public. 16.00.020. Amendments to Fire Code. Notwithstanding the provisions of Section 16.00.010, the Fire Code is amended by deleting Sections 103.4.7 and 103.4.8 and Articles 89 and 100. 16.00.030. Violations. (a) Every person who violates, or who fails to comply with any of the requirements of, any provision of the Fire Code, this Chapter or Chapter 16.04, or any provision of any permit or license granted hereunder, or any rule, regulation or policy promulgated pursuant hereto, is guilty of a misdemeanor and shall be punishable as provided in Section 1.04.010 of the Diamond Bar Municipal Code, unless such violation is otherwise declared to be an infraction by Section 16.00.050 of this Chapter. Each such violation is a separate offense for each and every day during any portion of which such violation is committed. (b) Every violation determined to be an infraction hereunder is punishable in such manner and to such extent as is provided by Section 1.04.020 of the Diamond Bar Municipal Code. (c) For the purposes of this Section a forfeiture of bail shall be equivalent to a conviction. 16.00.040. Responsibility. Any person who personally or through another willfully, negligently, or in violation of law sets a fire, allows a fire to be set, or allows a fire kindled or attended by such person to escape from his or her control, allows any hazardous material to be handled, stored or transported in a manner not in accordance with nationally recognized standards, allows any hazardous material to escape from his or her control, neglects to properly comply with any written notice of the chief, or willfully or negligently allows the continuation of a violation of the Fire Code and amendments thereto is liable for the expense of fighting the fire or for the expenses incurred during a hazardous materials incident, and such expense shall be a charge against that person. Such charge shall constitute a debt of such person and is collectible by the public agency incurring such expenses in the same manner as in the case of an obligation under a contract, expressed or implied. 16.00.050 List of Infractions. In accordance with Section 16.00.030 of this Chapter, the violation of the following Sections or Subsections of the Fire Code shall be infractions: Section 901.4.4 Premises identification 902.2.4 Obstructing and control of fire apparatus access 1001.5.1 Maintenance of fire -protection systems and equipment 1001.5.3 Systems out of service 1001.6.2 Fire hydrant and fire appliances 1002 Portable fire extinguishers 1102.3 Open burning 1103 Combustible materials 1105 Asphalt kettles 1109.4 Smoking 1109.5 Burning objects 1109.6 Hot ashes and spontaneous ignition sources 1115.3 Fire prevention regulations 1115.5 Portable fire protection equipment 1115.7 Maintenance of access 1117.2 Structures 1118.17 Fire roads and firebreaks 1207.3 Locking devices 1207.6 Door identification 1210.3 Storage under stairways 1212.4 Illumination 2401.9 Smoking 2901.6.2 Lubricating oil 3004.3 Waste removal 3008.5 Combustible waste 3213 Means of egress illumination 3221.2 Vegetation removal 3221.3 Storage 3404 Fire apparatus access roads 3601.6 Fire protection 3601.7 Smoking 4501.4 Smoking 4501.5 Welding warning signs 4502.3.3 Filter disposal 4502.8.2 Fire extinguishers 4502.9 Operations and maintenance 4503.7.1 General 4503.8 Dip tank covers 4504.3.2 Signs 4504.4 Maintenance 4505.6.1 Dust accumulation 4506.6 Sources of ignition 4606.2 Smoking 4607 Housekeeping 5201.7 Sources of ignition 7401.5.1 General 7401.6 Security 7607 Smoking and open flames 7901.7.2 Maintenance and operating practices 7901.10 Sources of ignition 7902.5.3 Empty containers and portable tanks 7904.3.2.1 Storage tanks and sources of ignition 7904.4.7 Sources of ignition 7904.4.9 Fire protection 7904.6.4 Smoking 8001.8 Signs 8003.1.12 Clearance from combustibles 8004.1.8 Signs 8004.3.5 Clearance from combustibles 8208 Smoking and other sources of ignition 8209 Clearance to combustibles 8506 Extension cords and flexible cords" readopted. Section 2. Chapter 16.04 of the Diamond Bar Municipal Code is hereby Section 3. The City Council does hereby expressly find and determine that the amendments to the "California Fire Code," 1998 Edition, set forth in this Ordinance, including the amendments in Title 32 of the Los Angeles County Code, are reasonably necessary because of local climatic, geological or topographic conditions. This express finding is supported and based upon the following more specific findings and determinations: a. Located throughout the City of Diamond Bar, as well as in the surrounding cities, are numerous concentrations of structures which have roofs constructed of thinly cut pieces of wood, otherwise known as untreated shakes, as well as untreated wood shingles. These untreated wood shakes and shingles are extremely combustible in nature. b. The City of Diamond Bar, as well as the surrounding cities, is located in an area climatically classified as "arid" and prone to winds of high velocity. Moreover, due to the and nature of the area, the weather during the windy periods tends to be very warm and dry. The dry weather conditions are very hazardous to the surrounding undeveloped hillsides and wild lands which neighbor highly populated areas. C. Because of the above-described climatic and meteorological conditions, the City of Diamond Bar and the surrounding cities have historically suffered from occasional structural and brush fires. These have often been difficult to control due to the high velocity, dry winds carrying sparks and cinders to surrounding structures with roofs constructed as described in paragraph a. above. d. The City of Diamond Bar is located in a seismically active area and is in close proximity to earthquake fault zones (Whittier fault, just south of Tonner Canyon; Chino fault passes within a mile of the city's eastern boundary), and it is reasonably foreseeable that an earthquake would render the City of Diamond Bar particularly vulnerable to devastation. Further, the City of Diamond Bar is bisected by major freeways, located primarily in a north -south direction. Substantial number of flood control facilities additionally exist, as well as freeway overpasses and major railroad right-of-ways e. Because of the above-described geological conditions within the city, and the substantial amount of freeway, railroad, and flood control facilities throughout the community, the City of Diamond Bar, in the event of an earthquake, may be unable to dispatch an adequate number of fire personnel and apparatus to suppress fires and conduct rescue operations. Moreover, the conditions within Diamond Bar likewise occur in surrounding communities, hereby rendering mutual aid assistance problematic, at best. f. Furthermore, climatic conditions within the community render it extremely likely that, in the event of seasonal high winds and earthquake occurring, the County Fire Department would be unable to suppress numerous fires occurring throughout the community. Section 4. All inconsistencies between the Fire Code, as adopted by this Ordinance, and the 1998 edition of the California Fire Code, as set forth in Part 9 of Title 24 of the California Code of Regulations, are changes, modifications, amendments, additions or deletions thereto authorized by California Health and Safety Sections 17958.5 and 17958.7. Section 5. To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Diamond Bar Municipal Code, these provisions shall be construed as continuations of those provisions and not as new enactments. Section 6. If any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed and adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more of said sections, subsections, sentences, clauses, phrases, parts or portions may be declared invalid or unconstitutional. Section 7. State law requires that localities adopt the 1998 edition of the California Fire Code, and any modifications thereto, by July 1, 1999. It is essential that the City have in effect on that date a fire code that comports with state law and contains those modifications necessitated by unique topographic, geologic and climatic conditions. In the absence of immediate effectiveness, the provisions of the fire code unique to the City's special circumstances will not be in place and this will have a detrimental effect on the public, health, safety and welfare. The modifications to the fire code contain vital provisions regarding administrative procedures, fireworks, sprinkler requirements, and other similar matters necessitated by the City's exposure to Santa Ana winds, its limited rainfall in summer and fall months and the City's proximity to earthquake fault zones. For these reasons, the public health, safety and welfare require that this ordinance take effect immediately. This is an urgency ordinance. Section 8. This Ordinance No. XX (1999) U shall be effective upon adoption and shall become operative July 1, 1999. PASSED, APPROVED AND ADOPTED this 15th day of June, 1999. Mayor I, TOMMYE CRIBBINS, Deputy 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 held on the day of , 1999, and was finally passed at a regular meeting of the City Council of Diamond Bar held on the day of , 1999 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ATTEST: Deputy City Clerk City of Diamond Bar INTRODUCTION This package includes information supporting the addition of one additional "Special Problems" Deputy to the Diamond Bar Team. The arrest statistics and activity of the two current deputies warrants an additional deputy as this would enable them to work seven days a week or team up together for special projects. Additionally, we are planning a proposed "High Impact" program in Diamond Bar, modeled after the current projects being conducted in the unincorporated areas. Results of those projects are also included. While some of the data may be confusing, I will be available at any time to discuss any questions regarding this information and explain any of the material. Please let me know if you would like anything additional. Currently, the city of Diamond Bar contracts for 1 '/2 deputies in the position of "Crime Prevention". According to Deputy St. Amant, the 1/2 deputy that is being contracted for could be eliminated. It is presently being filled by Deputy Ly who, also according to Deputy St. Amant, may be transferring very soon. The elimination of that position would offset by'/2 , the cost of a third special assignment deputy. Also, Deputy St. Amant has had some trouble "recruiting" community block watches. The "High Impact" program that we are proposing averages three to four new block watch groups per project. Deputy St. Amant feels this would be a tremendous help for him in community involvement. ATTACHMENTS: Attachment "A": Arrest statistics for two man "special problems" team, for year, 1998. Attachment `B" : highlight / press informational package covering the "High Impact Community Policing" program currently being run in unincorporated areas of Los Angeles County. This package, while not specific to the Diamond Bar area, is being used as a model for the Diamond Bar High Impact Project. It explains the process and manner in which the project is performed. The actual funding will be the only difference. Attachment "C" : Copy of the actual survey that is taken "door to door" during the survey phase. Attachment "D" : Copies of three prior High Impact projects summaries. These summaries include the initial survey results and the follow-up survey results. They also include the number of cases worked, their breakdown and arrests. Attachment "E" : Draft of proposed "Diamond Bar" pilot "High Impact Project". Sincerely, , Al C, - &' l^ - William P. Flannery, Sergeant WALNUT Report RAPS_10PC Page 1 of 8 3 -JUN -99 Regional Allocation of Police Services V1.01 Source Activity By Unit From 01 -JAN -99 To 01 -JUN -99 S T A T I O N T 0 T A L S ----------- S 0 U R C E----------- --- A R R E S T S--- ----- Calls ----- Adult Juvenile Unit Reg 911 Total Obs Det Total Asst Mal --- Pam --- Mal --- Fem Total --- ----- ------ 290D ----- 1286 ----- 253 ----- 1539 ----- 0 ----- 0 ----- 1539 ----- 0 0 0 0 0 0 290GA 0 0 0 0 0 0 0 0 0 0 0 0 290GB 0 0 0 0 0 0 0 0 0 0 0 0 290L 0 0 0 1 0 1 1 0 0 0 0 0 290P 0 0 0 1 0 1 0 0 0 0 0 0 290PE 5 0 5 340 0 345 2 0 0 0 0 0 290R1 14 1 15 16 0 31 9 1 0 0 0 1 2905 3 3 6 31 0 37 704 1 0 0 0 1 290W1 0 0 0 0 0 0 0 0 0 0 0 0 290X 0 0 0 2 0 2 0 0 0 0 0 0 291 256 31 287 311 0 598 90 9 0 0 0 9 291A 64 5 69 84 0 153 53 5 0 1 0 6 291B 0 0 0 370 0 370 0 3 1 1 0 5 _ 291E 336 9 345 1316 0 1661 58 0 0 0 0 0 291K1 1096 199 1295 1618 0 2913 460 63 9 12 2 86 291K2 23 2 25 41 0 66 18 0 0 2 0 2 291M 75 7 82 288 0 370 129 1 0 0 0 1 291S 0 0 0 0 0 0 2 0 0 0 0 0 291T1 641 89 730 1921 0 2651 1058 39 7 4 4 54 291T2 338 37 375 845 0 1220 593 33 3 5 0 41 291T3 4 1 5 50 0 55 13 1 0 0 0 1 291X 0 0 0 1 0 1 0 0 0 0 0 0 292 523 106 629 683 0 1312 375 13 4 5 2 24 292A 52 8 60 174 0 234 53 2 0 1 0 3 292E 680 134 814 1225 0 2039 567 19 8 4 0 31 292D 17 4 21 439 0 460 108 23 3 5 0 31 292E 466 15 481 958 0 1439 81 0 0 0 0 0 292K1 599 140 739 1055 0 1794 527 30 5 3 1 39 292K2 573 143 716 939 0 1655 601 15 2 6 0 23 292K3 416 117 533 681 0 1214 491 26 5 5 0 36 292M 50 3 53 155 0 208 111 0 0 0 0 0 292M1 54 9 63 160 0 223 130 3 0 0 0 3 292M2 79 8 87 239 0 326 107 2 0 1 0 3 292M3 0 1 1 47 0 48 1 0 0 0 0 0 292S 0 0 0 0 0 0 5 0 0 0 0 0 292T1 550 83 633 2193 0 2826 1292 94 14 7 1 116 292T2 146 18 164 738 0 902 419 25 3 4 0 32 Los Angeles County heri*ff's Department F: I Media Package, High Impact Community Policing PRESS INFORMATIONAL PACKAGE "HIGH IMPACT COMMUNITY POLICING" For sometime now, the Los Angeles County Sheriff's Department has operated a nationally recognized Community Policing Program. On Wednesday, October 14,1998, Sheriff Sherman Block launched another "High Impact Community Oriented Problem Solving Project," designed to bring about rapid improvements in the quality of life in the local community. With funds made available through the Federal Crime Bill, deputies across the county are being directed at community problems in a totally new way. During the first year alone, thousands of community members were personally contacted, surveyed, mobilized and organized to take an active role in revitalizing their own communities. Hundreds of deputy sheriffs received extensive classroom training and on the job training in the latest community problem solving methods. It is the goal of the Sheriffs Department to ultimately provide this training to every deputy sheriff in the county and bring about meaningful improvement in the lives of those we serve. This "new approach to community policing" is rooted in the Sheriffs Department's already successful program. Public safety and community service have always been at the heart of law enforcement. In 1988, the Sheriffs Department formalized those beliefs in the form of Service Oriented Policing. In 1989, these core beliefs were the basis for the Department's published "Mission Statement." Community Oriented Policing represents the next step, wherein deputies were assigned to individual neighborhoods. Their sole purpose was to establish direct communication with the public and resolve community problems brought to their attention. This effort has been, and continues to be extremely successful in delivering immediate dividends in terms of public safety and restoring the public's confidence in their governing institutions. Now to build on our earlier success, we have added a new element called, "High Impact Community Policing." The "High Impact, Community Policing Program" is designed to accelerate law enforcement's ability to bring about change and build partnerships with the community. Within the three Field Operations Regions of the Sheriffs Department, several communities have been identified and targeted as project areas. These project. areas have an average size of just under a square mile and have a population that ranges from six thousand to sixteen thousand people. Once identified, the following chain of events will commence: The deputy sheriffs regularly assigned to these areas are relieved of shift work and their responsibility to answer calls for service. They will be replaced with deputies made available through the COPS MORE Grant. The level of normal police services will not be affected. However, the deputies that normally work these areas, and who are familiar with the residents and community problems, will now be free to combat the criminal behavior and environmental factors that negatively affect public safety. DEPUTY TRAINING - These deputies will then receive intensive classroom training in the philosophy of community oriented policing and the latest methods of community problem solving. This will include methods to coordinate the joint efforts of other county, state, and federal agencies to impact long-standing problem locations and ongoing public nuisances. They will learn how to mobilize the members of the community and form partnership programs such as Neighborhood Watch and Volunteers on Patrol. At the core of the training is the belief that success lies in partnership and coalition with the community. SURVEY - A door-to-door canvas of each area will occur next, with an attempt to survey each resident and business person in the targeted areas. The goal of the survey is two fold: to identify those factors that most effect the public's feeling of safety and well being, and to identify those people willing to assist in the process of community revitalization. It is estimated this survey process will take three to four weeks with the assistance of each station's Community Advisory Council, block clubs and corps of volunteers. The survey phase will begin the process of bonding between the communities' natural leaders, the public, and the deputies who patrol their neighborhoods. Community meetings are scheduled in each of the project areas, at the conclusion of the survey phase. COMMUNITY MEETINGS - Following the survey phase, a community (Town Hall) meeting will be held in each area and every person from the targeted area will be invited. At that meeting, the results of the survey will be discussed and the remainder of the project (crime suppression and neighborhood revitalization) will be explained. Solutions will besought from all participants as equal partners. Itis absolutely essential that desires and participation of the public be the driving force in this program. The community meeting will provide an opportunity for the community to prioritize future actions based on the information gained through the survey process. CRIME SUPPRESSION - With an analysis of the data for the survey, the same deputies that spent the past three to four weeks talking and working with the public will now move into an intense phase of crime suppression. Acting on the complaints of the community, deputy sheriffs will investigate all areas of criminal behavior ranging from gangs and drugs to curfew and prostitution. With the help of the community, neighborhood thugs and criminals can be arrested, jailed, and/or evicted from the neighborhood through the civil abatement processes. NEIGHBORHOOD REVITALIZATION - As the crime suppression phase winds down, the deputies, along with other county departments will assist the residents in renovating the community. This neighborhood revitalization phase will focus on the environmental factors that contribute to an atmosphere of crime and the fear of crime. These efforts will target junk cars, dirty alleys, graffiti and rundown rental property. It is in this phase that community members and organizations, i.e. Neighborhood Watch Captains, Community Advisory Council etc, can once again take command of their neighborhoods and move into the Maintenance Phase. 11-► 1 _ � i-► � -►a _ ie cone union o-. -us error;, 'ie aepu'aes wr return to their normal law enforcement rbuties in the same area;:; armed with new skills and a better understanding of the nee(Js of the : ommurflly. Th E) residents will have benefitted, not only from the effort, but from the rapperl and face-to-face communications developed with the deputies working their neighborhood. The neighborhoods underthe watchful eyes of the "now organized" communfii leadership, in partnership with the newly training deputy sheriffs, will move into a maintenance phase. The resource personnel that freed up the deputieE. originally will then be moved to the next targeted areas and the process will begin again. Although the beginning effort involves three target areas, it is anticipated that by mid 1997 each of the three Field Operations Regions will have three "High Impact Community Policing Projects" occurring simultaneously. That translates to a total of nine projects of the size described occurring continuously in the unincorporated county area. When fully implemented, this "High Impact" concept has the potential of organizing tens of thousands of people every one hundred and twenty days, while simultaneously training scores of deputies in community policing concepts. This new concept will bring much needed services to communities around the county and is designed to transform once troubled neighborhoods into model communities in a one hundred and twenty day period. This ambitious undertaking involves the retraining of our existing patrol forces, an attempt to mobilize each and every member of the public in the targeted community and the combined efforts of several county agencies in a coordinated assault on the causes of fear, crime, and environmental blight. This project is in the unincorporated areas of Azusa and Covina. The area is outlined in the map on the last page of this booklet. c r � IL .o CD N _ U A w o � a a m r � �o Y = m O 3 EQ m �- C O AL� EW wo r c O A = m = Oo CL 0c m V cd al ma d ++ N «, m �i d... _N = +A+ m dig A Y A m AA =A.�c 0.0 fa A QH O O m .a Q CW m 'O OCW OW U« cQ y ofc3 pmh _tea c9 m L � 00 ; Z C = A W c c a m a o �a ai t = ` o. CL 1. d 7 0 N 0 0 c = 3 m co 0 U v v d .W A 'O d A cp d O; b. O d W W Qm a. V d IBud;eew fy!unwwoo r � IL .o CD N _ U A .. .0 j ' 0 o d d 1QST _ c oILt� = m O O 3. ow EQ m �- C O AL� E C y _ u � U O - O yam'._ «. J2 m = A N «, -000 dig auNE cp m o� an 3vOo a`»:e a R U« cQ y ofc3 pmh _tea c9 m W IL .o c _ U A .. .0 j ' 0 o d a N C) U) a c oILt� �� CL= 0 03.'`. How long has the Sheriffs Department been involved in Community Oriented Policing? The tradition of community service has always been at the -ore of the Los Angeles County Sheriffs Department mission. In 1988, the Sheriffs Department formalized those beliefs in the form of "Service Oriented Policing." In 1989, these core be�iefs were the basis of our published "Mission Statement." "High Impact Community Policing Program" was developed as a logical evolution of our present commitment to community oriented policing. Tnis program represents an opportunity to have considerable impact on the community and law enforcement with the skillful use of a small amount of resources. Where does the funding come from to support this program? The personnel involved in the "High Impact Community Policing Program" are funded by the "COPS MORE Grant as part of the Federal Crime Bill. The logistical needs in support of the personnel are financed by existing Department funding, and in some cases a commitment of discretionary funds on the part of individual County Supervisors. How many deputies are presently funded through the Office of Community Oriented Policing Services, Washington, D.C., by the Federal Crime Bill? The County of Los Angeles has submitted for and received grants totaling nearly $10 million in support of our community policing effort in the unincorporated areas. These grants have paid for a total of 152 deputies. The "High Impact Community Policing Program" will involve 70 of the 152 deputies presently funded by the Federal Crime Bill. What makes the "High Impact Community Policing" effort different from community policing as we know it? The "High Impact Community Policing Program" will target neighborhoods for intense crime suppression and neighborhood reclamation. What makes this effort different is that we expect to make a substantial difference in a given community, in approximately one hundred and twenty days and move to the next target area. The changes will be made by deputies that normally answer calls for service in the targeted area will temporarily be dedicated, full time, to developing long terms solutions to chronic neighborhood problems. The deputies will be coupled with the residents of the community to mobilize and attack those problems identified by the residents. Once resolved, the deputies will stay in that targeted area to continue their working relationship with the residents to ensure that the community does not slip back into its former state. The program is designed to roll this concept through the entire county. By using this small amount of funding as "Seed Resources," the Department has the potential of training 70 deputies in the latest, cuffing -edge methods in community policing and touching tens of thousands of community members every one hundred and twenty days. Over the course of one hundred and twenty days, members of law enforcement will form a new relationship with the community and community residents will regain control of their neighborhoods. How were the targeted areas selected? One area was selected by each of the three Field Operations Regions based on the level of criminal activity and the need to organize the community. Each targeted area represents a challenging portion of unincorporated area that will benefit greatly from a program designed to produce rapid results. ,00mmunp:.yj. o a __I_ 4a_Orl The Los Angeles County Sheriff s .:)epartmeiit i�j;; srzveral volunteer staffed programs designed to assist the community in dea inc 1viih : ubli,-, safety and quality of life issues in their neighborhoods. There programs sterr 1rom Sheriffs Department's desire to collaborate with the community in deteimin ng the best course of action to achieve community safety. Programs such as Ne ightjorhood'Natch, Volunteer's on Patrol and the Community Academy are designed to al o%� law enforcement to build a close working relationship with the community. WoO ing together as partners, the residents and the Sheriffs Department then focus the collective power of this association to bring about public safety. Local Sheriff Station's are currently offering the following community and volunteer programs: Neighborhood Watch Clubs - are grassroots community organizations made up of residents from within a neighborhood who share a common vision regarding the quality of life in their communities. Community Relations deputies assist neighborhoods in organizing block clubs which meet on a regular basis to discuss identified problems in the community and develop strategies to deal with them. Community Academy - is a 13 -week regime designed to enlighten members of the community in Department, and Judicial procedures. This exposure goes a long way in dispelling misconceptions and in developing effective lines of communication between the community and law enforcement in general. Civilian Volunteer Program - volunteers perform a variety of nonhazardous duties including assisting station detectives, patrol personnel, and non -sworn members of the station with various clerical and administrative functions. They also can be assigned to assist Community Relation's personnel with various community and youth programs like the organization of Neighborhood Watch Clubs, the Station's Explorer Post and the Youth Activity League. Volunteers on Patrol - members of the community who have demonstrated a willingness to involve themselves more intimately in the maintenance of an orderly community can apply to become a Volunteer on Patrol. These men and women drive specially marked vehicles and patrol the community for suspicious activity or safety hazards, assist with graffiti watch and abatement efforts and perform other nonhazardous directed patrol functions. All volunteers undergo a background investigation including a fingerprint search. They must be at least 18 years old and must be in reasonably good health. Volunteers on Patrol must also have a valid California driver license, pass an oral interview, attend monthly training and business meetings and donate a minimum of 16 hours to the Sheriffs' Department each month. LOS ANGELES COUNTY SHERIFF'S DEPARTMENT COMMUNITY ORIENTED POLICING NEIGHBORHOOD SURVEY •� Vacant_ Refused Not Home •* ADDRESS Apt/Sp # LANGUAGE OTXXR TH M SMGLISH SURVEYOR GRID DATE 1. Identify your primary concerns regarding NUISANCE activity on your street or immediate area. *Use 1 as your highest concern* A Traffic B Junk/Yard Cars C Run Down Buildings/Property D Transients E Loud Parties F Other 2. How safe is it for you to walk in your neighborhood after dark? A V/S B_S C_S/S D U E V/U Identify your primary concerns regarding CRIMINAL activity on your street or immediate area. *Use 1 as your highest concern* A Violent Crime B Thefts C Vandalism D Narcotics Activity E Gang Activity F Other 4. Identify locations & problems of criminal or nuisance activity: ADDRESS PROBLEM ADDRESS PROBLEM 1DRESS PROBLEM S. What problem do you want solved FIRST in your neighborhood? *Check ONE box only* A Abandoned Cars R Parking B Animals L Public Drinking C Gangs M Run Down Prop. D Graffiti N Theft E Gun Fire O Traffic F Illegal Vendors P Transients G Juvenile Probs. Q Vandalism H Loud Parties R Violent Crime I Narcotics S Other J Pan Handlers 6. How satisfied are you with the service provided by the Sheriff's Department? A_V/S B S C S/S D U E V/U Comment 7. Are you willing to participate in any of the following partnership programs? Circle each one of interest. A. Neighborhood Watch B. Block Captain C. Community Academy D. Civilian Volunteer E. Volunteers on Patrol 8. When is the beat time to contact you regarding the partnership program(s) you chose? TIME TO CONTACT NAME PHONE LOS ANGELES COUNTY SHERIFF'S DEPARTMENT HIGH IMPACT PROGRAM PROJECT REPORT I. PROJECT SLTNIlVIARY A. Project Area: 1. Area name: Rowland Heights 2. Estimated population: 4140 3. Estimated number of households: 1035 4. Area description: The Rowland Heights project locale covers the unincorp- orated area of Jellick Avenue on the west, to Otterbein Avenue on the east; the 60 Freeway on the north, to Colima Road on the south. B. Dates 1. Start Date: January 31, 1999. 2. Kickoff a. Date: February 10, 1999. b. Location: Jellick Elementary School, 1400 Jellick Ave, Rowland Hts. 3. Town Hall a. Date: March 10, 1999. b. Location: Jellick Elementary School c. Attendance: 150 4. Follow-up Meeting a. Date: May 26, 1999. b. Location: Jellick Elementary School c. Attendance: 67 5. End Date: May 29, 1999. C. Team Members 1. Sgt. Joe Giunta #154866 2. Dep. Tim Broad #218462 3. Dep. Mike Burse #265000 4. Dep. Paul Alaniz #287381 5. Dep. Brayton Thomas #265218 6. Dep. Karl Bernhard #274614 7. Dep. Gary Vargas #297036 PROJECT REPORT II SURVEY RESULTS A. Number of surveys completed: 1035 B. How safe is it for you to walk in your neighborhood after dark? 1. Very Safe 16.22% 2. Safe 49.22% 3. Somewhat safe 19.63% 4. Unsafe 11.52% 5. Very Unsafe 3.41% C. Primary crime concerns 1. Thefts 2. Vandalism 3. Gang Activity D. Primary nuisance concerns 1. Traffic 2. Transients 3. Loud Parties E. How satisfied are you with the service provided by the Sheriff's Department? 1. Very satisfied 46.84% 2. Satisfied 48.71% 3. Somewhat satisfied 3.45% 4. Unsatisfied .57% 5. Very unsatisfied .43% III. FOLLOW-UP SURVEY A. Number of surveys completed: 104 B. Percentage of total number of households in project area: 10.05% Page: 2 C. Are you aware of the Sheriff's Department High Impact Program that was conducted in your area? 1. Yes 73.08% 2. No 26.92% D. Have the following crime problems improved, remained the same, or become worse? Better Same Worse 1. Thefts 19.42% 78.64% 1.94% 2. Vandalism 17.48% 79.61% 2.91% 3. Gang Activity 22.33% 76.70% 0.97% PROJECT REPORT Page: 3 E. Have the following nuisance problems improved, remained the same, or become worse? Better Same Worse 1. Traffic 20.39% 74.76% 4.85% 2. Transients 16.50% 83.50% 00.00% 3. Loud Parties 14.56% 85.44% 00.00% F. Has the High Impact Program made you more likely to participate in a partnership program? 1. Yes 40.79% 2. No 59.21% G. How safe is it for you to walk in your neighborhood after dark? 1. Very Safe 25.00% +54.17% 2. Safe 53.54% +17.22% 3. Somewhat safe 21.26% -41.22% 4. Unsafe 08.66% -41.93% 5. Very Unsafe 00.00% -100.00% H. How satisfied are you with the service provided by the Sheriff's Department? 1. Very satisfied 37.01% +7.16% 2. Satisfied 59.06% +5.22% 3. Somewhat satisfied 03.94% +10.70% 4. Unsatisfied 00.00% - .98% 5. Very unsatisfied 00.00% - .70% IZ'. CASES WORKED A. Total number of cases worked: 170 B. Gangs:5 C. Narcotics/Drugs: 6 D. Traffic: 121 E. Abatements: 16 F. Total number of arrests: 18 1. Felony: 3 2. Misdemeanor: 15 3. Non -traffic citations: 7 4. Traffic citations: 118 G. Vehicles stored/impounded: 16 H. Search warrants served: 0 PROJECT REPORT V. COMMUNITY PARTNERSHIP ACTIVITY A. Number of new Neighborhood Watch groups started: 3 B. Number of Neighborhood Watch groups expanded: 0 C. Number of Community Academy sign-ups: 3 D. Number of Civilian Volunteer sign-ups: 0 E. Number of Citizens On Patrol sign-ups: 0 VI. MISCELLANEOUS A. Special/Unique Results Achieved: Page: 4 Team members assisted residents of Rio Seco Drive, Rowland Heights, with the process for obtaining street lights on their street. B. Problems Encountered (if any): None C. Work Remaining: All cases were closed at the completion of the High Impact Project. Maintenance Team members will continue with traffic enforcement and handle any new cases that develop. Attachments: 1. Map of project area 2. Area profile report 3. Case Tracking Report Distribution: 1 - Chief Bayless 1 - Commander Healey 4 - Lt. Schultz, Sheriff's Headquarters _ZZ/M8 LOS ANGELES COUNTY SHERIFF'S DEPARTMENT HIGH IMPACT PROGRAM PROJECT REPORT I. PROJECT SUMMARY A. Project Area: 1. Area name: Azusa and Covina 2. Estimated population: 5584 3. Estimated number of households: 1300 4. Area description: The Azusa area covers the unincorporated area between Gladstone and Arrow Highway and between Azusa Avenue and Citrus Avenue. The Covina area covers the unincorporated area between Conwell and Citrus Avenues and the San Dimas Wash to Edna Place. B. Dates 1. Start Date: October 4, 1998. 2. Kickoff a. Date: October 14, 1998. b. Location: Center Middle School, 5500 N. Cerritos Avenue, Azusa 3. Town Hall a. Date: November 12, 1998. b. Location: Center Middle School c. Attendance: 257 4. End Date: January 30, 1999. C. Team Members 1. Sgt. Bill Flannery #196085 2. Dep. Bill Gonzales #292810 3. Dep. Cathy Saba #288408 4. Dep. Dave Ehoff #213675 5. Dep. John Becker #279490 6. Dep. Mike Kaufman #285010 7. Dep. Rhonda Toy #220789 PROJECT REPORT (Continued) II. SURVEY RESULTS A. Number of surveys completed: 1321 B. How safe is it for you to walk in your neighborhood after dark? 1. Very Safe 9.27% 2. Safe 43.65% 3. Somewhat safe 27.96% 4. Unsafe 14.55% 5. Very Unsafe 4.56% C. Primary crime concerns 1. Gang Activity 2. Narcotics Activity 3. Vandalism D. Primary nuisance concerns 1. Traffic 2. Loud Parties 3. Run Down Property E. How satisfied are you with the service provided by the Sheriff's Department? - 1. Very satisfied 29.85% 2. Satisfied 53.84% 3. Somewhat satisfied 14.64% 4. Unsatisfied .98% 5. Very unsatisfied .70% III. FOLLOW-UP SURVEY A. Number of surveys completed: 133 B. Percentage of total number of households in project area: 10.07% Page 2 C. Are you aware of the Sheriff's Department High Impact Program that was conducted in your area? 1. Yes 84.50% 2. No 15.50% D. Have the following crime problems improved, remained the same, or become worse? Better Same Worse 1. Gang Activity 51.09% 48.91% 00.00% 2. Narcotics Activity 52.27% 47.73% 00.00% -2- .<- PROJECT REPORT (Continued) Very Safe 16.54% Page 3 3. Vandalism 50.00010 50.00% 00.00% E. Have the following nuisance problems improved, remained the same, or become worse? 21.26% -6.70% 4. Unsafe Better Same Worse 1. Traffic 63.16% 36.84% 00.00% 2. Loud Parties 50.00% 50.00% 00.00% 3. Run Down Property 53.19% 46.81% 00.00% F. Has the High Impact Program made you more likely to participate in a partnership program? 1. Yes 38.02% 2. No 61.98% G. How safe is it for you to walk in your neighborhood after dark? 1. Very Safe 16.54% +7.27% 2. Safe 53.54% +9.89% 3. Somewhat safe 21.26% -6.70% 4. Unsafe 08.66% -5.89% 5. Very Unsafe 00.00% -4.45% H. How satisfied are you with the service provided by the Sheriff s Department? 1. Very satisfied 37.01% +7.16% 2. Satisfied 59.06% +5.22% 3. Somewhat satisfied 03.94% +10.70% 4. Unsatisfied 00.00% - .98% 5. Very unsatisfied 00.00% - .70% IV. CASES WORKED A. Total number of cases worked: 235 B. Gangs:2 C. Narcotics/Drugs: 11 D. Traffic: 71 E. Abatements: 112 F. Total number of arrests: 44 1. Felony:9 2. Misdemeanor: 35 3. Non -traffic citations: 72 4. Traffic citations: 80 G. Vehicles stored/impounded: 26 H. Search warrants served: 0 -3- ...- PROJECT REPORT (Continued) V. CON24 MTY PARTNERSHIP ACTIVITY A. Number of new Neighborhood Watch groups started: 5 B. Number of Neighborhood Watch groups expanded: 0 C. Number of Community Academy sign-ups: 1 D. Number of Civilian Volunteer sign-ups: 2 E. Number of Citizens On Patrol sign-ups: 0 VI. MISCELLANEOUS A. Special/Unique Results Achieved: None. B. Problems Encountered (if any): During the Follow-up meeting, the Supervisor's Field Deputies did not stay for the question and answer session. Page 4 L A County Department of Public Works has been very slow to deal with two cases concerning a drainage problem in the 5500 Block of Duxford Avenue, Azusa. C. Work Remaining: Nine cases were turned over to the Maintenance Team: most of them were long term abatements, the two drainage problem cases and several narcotics cases. Attachments: 1. Map of project area 2. Area profile report 3. Case Tracking Report Distribution: 1 - Chief Bayless 1 - Commander Healey 4 - Lt. Schultz, Sheriff's Headquarters -4- LOS ANGELES COUNTY SHERIFF'S DEPARTMENT HIGH IMPACT PROGRAM PROJECT REPORT I. PROJECT SUMMARY A. Project Area: 1. Area name: Rowland Heights 2. Estimated population: 3,100 3. Estimated number of households: 876 4. Area description: The project area encompassed between the 60 Freeway and Colima Road from Jellick Avenue to Escalada Avenue. It also included the area south of Colima Road between Larkvane Road and Fullerton Road. These areas are made up of residential homes, apartments and strip mall businesses located on Colima Road and Fullerton Road. B. Dates 1. Start Date: June 1, 1998 - 2. Kickoff a. Date: June 10, 1998 b. Location: Jellick Elementary School 1400 Jellick Ave, Rowland Hts. 3. Town Hall a. Date: July 16, 1998 b. Location: Jellick Elementary School c. Attendance: 125 4. End Date: October 3, 1998 C. Team Members 1. Sgt. Bob Lopez #053543 2. Dep. Joe Carrion #222005 3. Dep. Stephen French #232759 4. Dep. Florentino Madrid #266588 5. Dep. Judd Tucker 4223231 6. Dep. Jeff Donohoo #273511 7. Dep. John Knopp #275848 PROJECT REPORT (Continued) II. SURVEY RESULTS A. Number of surveys completed: 876 B. How safe is it for you to walls in your neighborhood after dark? 1. Very Safe 14.2% 2. Safe 47.4% 3. Somewhat safe 22.1% 4. Unsafe 13.8% 5. Very Unsafe 02.5% C. Primary crime concerns 1. Gang Activity 2. Vandalism 3. Narcotics Activity D. Primary nuisance concerns 1. Traffic 2. Loud Parties 3. Run Down Property E. How satisfied are you with the service provided by the Sheriff's Department? 1. Very satisfied 51.6% 2. Satisfied 32.9% 3. Somewhat satisfied 13.4% 4. Unsatisfied 01.6% 5. Very unsatisfied 00.5% III. FOLLOW-UP SURVEY A. Number of surveys completed: 85 B. Percentage of total number of households in project area: 9.7% Page 2 C. Are you aware of the Sheriff's Department High Impact Program that was conducted in your area.) 1. Yes 85.7% 2. No 14.3% D. Have the following crime problems improved, remained the same, or become worse? Better Same Worse 1. Gang Activity 62.0% 34.2% 03.8% 2. Vandalism 66.7% 30.7% 02.6% -2- PROJECT REPORT (Continued) Page 3 3. Narcotics Activity 64.5% 34.2% 01.3% E. Have the following nuisance problems improved, remained the same, or become worse? Better Same Worse 1. Traffic 48.2% 43.2% 08.6% 2. Loud Parties 64.1% 34.6% 01.3% 3. Run Down Property 63.7% 36.3% 00.0% F. Has the High Impact Program made you more likely to participate in a partnership program? 1. Yes 88.3% 2. No 11.7% G. How safe is it for you to walk in your neighborhood after dark? 1. Very Safe 15.3% 2. Safe 60.0% 3. Somewhat safe 21.2% 4. Unsafe 03.5% 5. Very Unsafe 00.0% H. How satisfied are you with the service provided by the Sheriff's Department? I. Very satisfied 47.1% 2. Satisfied 48.2% 3. Somewhat satisfied 04.7% 4. Unsatisfied 00.0% 5. Very unsatisfied 00.0% IV. CASES WORKED A. Total number of cases worked: 228 B. Gangs:3 C. Narcotics/Drugs:3 D. Traffic: 176 E. Abatements: 70 F. Total number of arrests: 20 1. Felony: 1 2. Misdemeanor: 19 3. Non -traffic citations: 43 4. Traffic citations: 176 G. Vehicles stored/impounded: 5 H. Search warrants served: 0 -3- PROJECT REPORT (Continued) V. COMMUNITY PARTNERSHIP ACTMTY A. Number of new Neighborhood Watch groups started: 5 B. Number of Neighborhood Watch groups expanded: 2 C. Number of Community Academy sign-ups: 30 D. Number of Civilian Volunteer sign-ups: 0 E. Number of Citizens On Patrol sign-ups: 2 Page 4 VI. MISCELLANEOUS A. Special/Unique Results Achieved: Traffic problems overall rated as the highest priority in the area we surveyed. This problem was given the most attention through enforcement by the High Impact Team (our team issued 176 citations) as well as CHP. Additionally traffic congestion in the areas was another complaint that was addressed by our team through the County Road Department who initiated a study of the affected areas. B. Problems Encountered (if any): None. C. Work Remaining: The Maintenance Team was assigned a total of three cases that were holdovers from the four month project. One is monitoring the traffic survey being done by Department of Public Works; the second is a recurrence of a complaint concerning an illegally parked semi tractor and the last is a location where narcotics activity was reported during the last week of the program. Attachments: 1. Map of project area 2. Area profile report 3. Case Tracking Report Distribution: 1 - Chief Bayless 1 - Commander Dickinson 4 - Lt. Schultz, Sheriffs Headquarters -4- DRAFT ONLY DIAMOND BAR HIGH IMPACT PROJECT OPERATION PLAN JUNE 1,9 1999 - A UGUST 31, 1999 RICHARD J. MARTINEZ, CAPTAIN WALNUT/SAN DIMAS STATIONS SITUATION We will be conducting a High Impact Project in the residential neighborhood north of Sunset Crossing and west of Diamond Bar Blvd. The area consists of approximately 125 residences. MISSION Our goal is to reduce crime by carefully examining the characteristics of problems in the neighborhood and then applying appropriate problem solving remedies. We will attempt to solve these problems with the help of the residents in the neighborhood. COMMAND AND CONTROL Diamond Bar Team Sgt.Bill Flannery will oversee the entire project. Diamond Bar Team Leader Dep.Tim Perkins will assist with coordination and enforcement as needed. Deputies assigned to the "Special Problems Team" will be responsible for surveys, enforcement and coordinating resources to solve problems that have been identified in the area. They will be assisted by the community relations deputies and the community volunteers. EXECUTION We will survey the neighborhood to determine the concerns of the residents. After we have determined what problems exist in the area, we will use the resources at our disposal to work with the residents to solve the problems. The problems may include, but are not limited to, the following: Narcotics Gang Activity Weapons Violations Graffiti Traffic/Parking Violations Truancy/Curfew ( 9.24.110 DBCC ) Unkept Residences (15.00.2050 DBCC ) Yard Cars (15.00.2030 DBCC ) A case will be opened for all complaints. The case files will show the status of all open cases and what measures were taken to close the case. All cases not closed by the end on the project will be followed up on by the Deputies assigned to the Special Projects car as part of their regular duties. All abatements will be performed in accordance with Diamond Bar Municipal Code / Los Angeles County Code, and with the knowledge and concurrence of the City of Diamond Bar representative, Mr. Al Flores. No abatements will be performed without proper notice and verification of that notice being served. The level of normal police services will not be affected. ADMINISTRATIVE INSTRUCTIONS A. Uniform. Uniform for all deputy personnel will vary depending on type of prof ect being worked. Normal work day uniform will be Class C. B. Mission timetable The project will be completed in a 3 -month period with follow-up on unclosed cases on an as needed basis. Normal workday hours will vary depending on project being worked. C. Radio Frequency -DISP 6, L -TAC D. Medical Request for emergency medical treatment shall be made via S.C.C. to Los Angeles County Fire Department Paramedics. Injured personnel not requiring emergency treatment shall be taken to Pomona Valley Community Hospital 1798 N. Garey Ave. Pomona (909)623-8715 F. Reporting Procedures All department reporting and case assignment procedures are in effect. Information regarding shots fired, tear gas used, injured deputies, etc. will be communicated to the Incident Commander immediately. Any noteworthy incident involving members of the press. VIP's or public officials require immediate notification to the Incident Commander. All deputies involved in any of these incidents are required to make verbal notification and submit a memo describing the action taken as directed by the Incident Commander. Personnel Walnut Station personnel required will depend on the project. We will utilize additional deputies and community service officers on an as needed basis. We will also utilize city offices such as code enforcement ( Al Flores ) for abatement projects. Additional Requirements We will need COPS funding for the following items: Door Hangers- Door hangers will be used to inform residents in the impact area that deputies will be contacting them to complete surveys. These need to be distributed at least one week prior to the surveys being started. Digital Camera- A digital camera will be required to document violations such as yard cars and unkept residences. The camera will also be available to the entire Diamond Bar Team on an as needed basis. ARK W. . Beginning in March 1998 through March 1999, 157 quilts were creatively designed and lovingly pieced together for needy children. Members of the Diamond Bar 1 5L Ward Relief Society, the women's organization of the Church of Jesus Christ of Latter-day Saints, chose this service project and then donated their fabrics, skill, and hundreds of hours to reach (and surpass!) their goal of 150 quilts in one year. On average, each quilt is comprised of 48 squares. Each square represents an act of service or personal goal achieved by a member of the Relief Society. These acts of service and goals were anonymously recorded on a "quilt chart" displayed at the church on Sundays. Many charts were required to hold over 7500 quilt squares! Joanne Vorkuik, project organizer, had two extremely talented and charitable co -chairpersons, Karen Pinkleman and Charlene Law. These women were the reason for the service project being such a wonderful success. Approximately 60 women participated n recording their good deeds and personal goals achieved during the year. All were invited to biweekly quilting bees as well. The completed quilts were on display at the Relief Society Birthday Party March 17, 1999 at the LDS Chapel Cultural Hall in Diamond Bar (behind Pic `N Save) where more than 100 people gathered for a dinner, short program, and presentation of the personalized quilts. Representatives of five area agencies were invited to gather up armloads of quilts for distribution by the Police Dept. of Pomona and Whittier, the Sheriffs Dept. of Temple City, Hillview Acres for abused children and the House of Ruth for battered women and their children. Representatives gave a brief description of the work done by their organization. Captain Joe Romero, speaking on behalf of the three Law Enforcement Agencies, and looking at the colorful display of quilts, said, "This physical warmth and the emotional warmth show that people do care, and for some children it may be the first thing that they have personally ,, owned. Charlene Law Karen Pinkleman Caprece Hart Vida Kilburn Donna Aquila Ann Winward Sylvia Summers Sonya Neal Yvonne Bryan Danelle Prince Esther Barry Joanne Vorkink Joyce Rauch Linda Stevenson Nonie Bruner Cula Farnsworth Karlene Edwards Valerie Chamberlain Diane Diaz +++END+++ (V. -,� CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO: Mayor Pro Tem O'Connor and Councilmember Herrera FROM: Linda G. Magnuson6 Finance Director SUBJECT: Voucher Register, June 15, 1999 DATE: June 9, 1999 Attached is the Voucher Register dated June 15, 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. CITY OF DIAMOND BAR VOUCHER REGISTER APPROVAL The attached listing of vouchers dated June 15, 1999 have been reviewed, approved, and recommended for payment. Payments are hereby allowed from the following funds in these amounts FUND DESCRIPTION TOTAL 001 GENERAL FUND 157,568.80 011 COM ORGANIZATION SUPPORT 112 PROP A - TRANSIT FUND 115 INTEGRATED WASTE MGT FUND 118 AIR QLTY IMPR FD (AB2766) 138 LLAD #38 FUND 7,966.73 139 LLAD #39 FUND 4,084.24 141 LLAD #41 FUND 125.27 250 CAPITAL IMPROV/PROJ FUND REPORT FOR ALL FUNDS APPROVED BY: ALn�j'a G. �i�nuson�� Finance Director Terrence L. Be1an City Manager PREPAID VOUCHERS TOTAL 73,840.49 83,728.31 157,568.80 500.00 .00 500.00 '00 21,519.77 21,519.77 .00 1,365.24 1,365.24 .00 90.91 90.91 .00 7,966.73 7,966.73 .00 4,084.24 4,084.24 .00 125.27 125.27 .00 26,192.92 26,192.92 74,340.49 145,073.39 / Deborah H. O'Connor Mayor Pro Tem -- W4�-Z-- Carol Herrera Councilmember 219,413.8@ CITY OF DIAMOND BAR RUN DATE: 06/09/1999 1621:06 VOUCHER REGISTER PAGE: 1 DUE THRU: 06/15/1999 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK ALINE DELROSARIO AGAPITO 001-23002-- 49704 REFUND SCRTY DEP-R REAGAN 50.00 TOTAL PREPAIDS •00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 AIRTOUCH CELLULAR 0014440-42125-- LA -4589428 PH.SVCS-MNTHLY ACCESS 35.77 TOTAL PREPAIDS •00 TOTAL VOUCHERS 35.77 TOTAL DUE VENDOR 35.77 AMERICAN MINI STORAGE 0014090-42140-- 8819 RENT -STORAGE UNIT #140 1,078.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 11078.00 TOTAL DUE VEMDOR 1,078.00 AMERICAN UNITED SALES COW 0015350-45310-- 8736 169 EXCRSNS-ROSE PARADE 800.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 9DO•00 TOTAL DUE VENDOR 800.00 ARMENTROUT CONSULTANTS 0014440-44040-- 7771 MAY EMERGENCY SVCS - MAY 1,320.00 0014440-41200-- MAY EMERG.SVCS SPPLS-MAY 75.28 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,395.28 TOTAL DUE VENDOR 1,395.28 ARROW RESTAURANT EQUIPMENT 0015318-46250-- 8462 337 EQUIPMENT-PANTERA PK 3,090.07 TOTAL PREPAIDS •00 TOTAL VOUCHERS 3,090.07 TOTAL DUE VENDOR 3,090.07 AT&T WIRELESS 0014440-42125-- 20083945 PH.SVCS-E.D.C. 87.31 0014440-42125-- 20084620 PH.SVCS-E.O.C. 50.39 0014440-42125-- 2008M PH.SVCS-E.O.C. 50.39 TOTAL PREPAIDS •00 TOTAL VOUCHERS 188.09 TOTAL DUE VENDOR 188.09 BEE REMOVERS 0015558-45509-- 8753 735253 BEE HIVE REMOVAL SVCS 70.00 TOTAL PREPAIDS •00 TOTAL VOUCHERS 70.00 TOTAL ME VENDOR 70.00 CITY OF DIAMOND BAR RUN DATE: 06/09/1999 16:21:06 VOUCHER REGISTER PAGE: 2 DUE THRU: 06/15/1999 PREPAID FUND/SECT-ACCT-PRDJECT-ACCT PO t INVOICE DESCRIPTION AMOUNT DATE [NECK BEST LIGHTING 0015322-42210-- 8734 L11594 ELECTRICAL SVCS -R REAGAN 350.38 TOTAL PREPAIDS .00 TOTAL VOUCHERS 350.38 TOTAL DUE VENDOR 350.38 BETTY NORTON TAYLOR 001-23002-- 49693 REFUND SCRTY DEP-SUMMITRDG 50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 GUY BLACKMAN 0015350-45305-- 8807 CONCERT IN PARK - 6123 800.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 800.00 TOTAL DUE VENDOR 800.00 BRADSHAW PRINTING 0014095-42110-- 8682 12294 PRINTING-COMy.NEWSLTTR 6,035.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 6,035.00 TOTAL DUE VENDOR 6,035.00, MICHAEL ARANDMfAN ASSOCIATES INC 001-23010-- 0499-3930-3 PROF.SVCS-FPL 93-10 962.31 001-23010-- 0499-3930-3 PROF.SVC5-FPL 93-03 920.26 001-23010-- 0499-3930-3 PROF.SVCS-FPL 93-006 1,035.53 001-23010-- 0499-3930-3 PROF.SVCS-FPL 94-025 882.66 TOTAL PREPAIDS .00 TOTAL VOUCHERS 3.800.76 TOTAL DUE VENDOR 3,800.76 BUY COM 0014095-46235-- 8719 1203609 COMP.EQUIPMENT 347.43 TOTAL PREPAIDS .00 TOTAL VOUCHERS 347.43 TOTAL DUE VENDOR 347.43 CA JOINT POWERS INSURANCE AUTHORITY 0014020-44021-= SPECIAL LEGAL TRET FUND 2,118.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,118.00 TOTAL DUE VENDOR 2,118.00 CALIFORNIA PUBLIC PARKING ASSC 0015553-42325-- CPPA TRAINING -D GONZALES 50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.00 TOTAL DIN: VENDOR 50.00 CITY OF DIAMOND BAR RUN DATE: 06/09/1999 16:21:06 VOUCHER REGISTER PAGE: 3 DUE THRU: 06/15/1999 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PD # INVOICE DESCRIPTION AMOUNT DATE CHECK CHARLES ABBOTT ASSOCIATES INC 0015558-45508-- 7788 049-452,3,4 WEED CONTRL SVCS - MAY 4,525.08 1125553-45527-- 7788 049-452,3,4 BUS SHELTER SVCS - MAY 400.00 0015558-45510-- 7788 049-452,3,4 TREE WATRNG SVCS - MAY 1,692.16 TOTAL PREPAIDS .00 TOTAL VOUCHERS 6,617.24 TOTAL DUE VENDOR 6,617.24 CHINO HILLS FORD 0014090-42200-- 8752 209675 MAINT-CITY VEHICLE 284.77 TOTAL PREPAIDS .00 TOTAL VOUCHERS 284.77 TOTAL DUE VENDOR 284.77 CINTAS CORPORATION 0015310-42130-- 7539 150225134/53 MAINT.STFF UAHFRM-5/24,31 38.94 TOTAL PREPAIDS .00 TOTAL VOUCHERS 38.94 TOTAL DUE VENDOR 38.94 CITY OF PALM SPRINGS 0014040-42330-- RETIREMNT DINNR-C CLRK 30.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 30.00 TOTAL DUE VENDOR 30.00 COMMUNITY INDUSTRIES 0015558-45521-- 7545 LITTER ABATEMENT - MAY 99 839.44 TOTAL PREPAIDS .00 ,TOTAL VOUCHERS 839.44 TOTAL DUE VENDOR 839.44 COOPER DELIVERY SERVICE 0014090-42121-- 8746 16737 MESSENGER SVCS-LANTERMAN 135.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 135.00 TOTAL DUE VENDOR 135.00 JOSEPH P D'AMORE 001-23002-- 49820 REFUND SCRTY DEP-SYC CYN 50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 DAVID EVANS AND ASSOCIATES 2505310-46415-11298-46415 7965A 05-7184 PROF.SVCS-LORBEER PROJ. 179.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 179.00 TOTAL DUE VENDOR 179.00 CITY OF DIAMOND BAR RUN DATE: 06/09/1999 16:21:06 VOUCHER REGISTER PAGE: 4 DUE THRU: 06/15/1999 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO INVOICE DESCRIPTION AMOUNT DATE CHECK DAY 6 NITE COPY CENTER 0014090-42110-- 8745 PRNTNG SVCS-LANTERMAN 250.06 0014090-42110-- 8760 PRNTNG SVCS-LANTERMAN 242.35 0015210-42110-- 21658 PRNTNG SVCS-EIR DOC. 92.77 2505510-46411-01499-46411 8731 PRNTNG SVCS -SLURRY SEAL 149.06 TOTAL PREPAIDS •00 TOTAL VOUCHERS 734.24 TOTAL DUE VENDOR 734.24 BEANE HOMES SWIM CLUB 0015350-42140-- 8532 1832 FACILITY RNTL-JAN-MAR 99 681.25 0015350-42140-- 18321 FACILITY RENT -JAN -MAR 99 500.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 11181.25 TOTAL DUE VENDOR 1,181.25 CAROL DENNIS 0015350-44300-- 7757 PRR0512 PROF.SVCS-CC TSK FRC5/12 180.00 0015210-44000-- 7757 PC051IIADR PROF.SVCS-P/C,ADIIIN DEV. 140.00 TOTAL PREPAIDS .00 TOTAL 01HERS 320•00 TOTAL DUE VENDOR 320.00 DIAMOND BAR CHAMBER OF COMMERCE 0014010-42330-- 871 RETREAT TRANSP-ANSARI 58.00 TOTAL PREPAIDS •00 TOTAL VOUCHERS 58.00 TOTAL DUE VENDOR 58•DO DIAMOND BAR INTERNATIONAL DELI 0014090-42325-- 8726A 7887 MTNG SPPLS-LANTERMAN 6/2 73.32 TOTAL PREPAIDS •00 TOTAL VOUCHERS 73.32 TOTAL DUE VENDOR 73.32 DIANNE MCKENNA 0014040-42330-- RETIREMENT DNNER-C CLRK 50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 DORIS DITTO 001-34780-- 31016 RECREATION REFUND 40.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 40.00 TOTAL DUE VENDOR 40.00 DIVERSIFIED PARATRANSIT INC 1125553-45529-- 7671 05/26/99 DIAMOND RIDE -5/1-5/15 10,692.44 1125553-45529-- 7671 05/20/99 DIAMOND RIDE -4/15-4/30 9,881.33 TOTAL PREPAIDS •00 TOTAL VOUCHERS 20,573.77 TOTAL DUE VENDOR 20,573.77 CITY OF DIAMOND BFR RUN DATE: 06/09/1999 16:21:06 VOUCHER REGISTER PAGE: 5 DUE THRU: 06/15/1999 FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT PREPAID DATE CHECK FEDERAL EXPRESS 0014090-42120-- 7-604-19563 EXPRESS MAIL -GENERAL GOVT 101.50 0014090-42120-- 7-602-55934 EXPRESS MAIL -GENERAL GOVT 144.50 TOTAL PREPAIDS .00 TOTAL VOUCHERS 246.00 TOTAL DUE VENDOR 246.00 FOOD SYSTEMS INC. 0014090-42325-- 8725 16972 MTG SPPL9-MTG 5/18, 5/12 307.75 TOTAL PREPAIDS .04 TOTAL VOUCHERS 307.75 TOTAL DUE VENDOR 307.75 LISA GALLARDO 001-23002-- 49889 REFUND SCRTY DEP-SYC CYN 50.00 TOTAL PREPAIDS ,00 TOTAL VOUCH ERS 50,00 TOTAL DILE VENDOR 50.Q0 GANESHA BOOSTER CLUB 0114010-42355-- REPLACE CK. #35342 500.00 06/15/1999 35427 TOTAL PREPAIDS 500,00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 500,00 GOLDEN WEST GRAPHICS 0014050-42110-- 8749 017381 PRNTNG SVCS-P/R CHECKS 194.39 TOTAL PREPAIDS ,00 TOTAL VOUCHERS 194.39 TOTAL DUE VENDOR 194.39 GRAINGER 0015310-41200-- OPERATING SPPLS - PARKS 68.41 TOTAL PREPAIDS ,00 TOTAL VOUCHERS 68.41 TOTAL DUE VENDOR 68.41 GTE CALIFORNIA 0015316-42125-- PH.SVCS-SLE HLL PARK 43.36 0015.'22-42125-- PH.SVCS-RONALD REAGAN 43.36 1185098-42125-- 9093964035 PH.SVCS-BBS MODEM 90.91 0014090-42125-- 9098603195 PH.SVCS - BLDG & SFTY 139.33 0014040-42125-- 9098600368 PH.SVCS - MODEM C/CLK 34.25 0014095-42125-- 8887772489 PH.SVCS-ECON DVLP 38.71 0014010-42125-- 9096120740 PH.SVCS-MODEM C/CNCL 20.35 TOTAL PREPAIDS .00 TOTAL VOUCHERS 410.27 TOTAL DUE VENDOR 410.27 TAMI HAMILTON 001-34780-- 30947 RECREATION REFUND 40.00 TOTAL PREPAIDS .Q0 TOTAL VOUCHERS 40.00 TOTAL DUE VENDOR 40.00 CITY OF DIAMOND BAR RUN DATE: 06/09/1999 16:21 06 VOUCHER REGISTER PAGE: 6 DUE THRU: 06/15/1999 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK DEBRA HAZAMA 001-23002-- 49399 REFUND SCRTY DEP-PANTERA 50.00 TOTAL PREPAIDS .40 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 HIGHPOINT 0014095-42111-- 7514A 65603 DGTL PREPRSS SVCS-ICSC 646.04 TOTAL PREPAIDS .00 TOTAL VOUCHERS 646.04 TOTAL DUE VENDOR 646.04 HOME BASE 0015350-41200-- 114527/33036 OPERATING SPPLS 266.48 TOTAL PIEPAIDS •00 TOTAL VOUMS 266.48 TOTAL DIE VENDOR 2b6.48 IMAGE AWARENESS 1155515-41400-USED DIL-41400 8642 71732 PROMOTION-MALT PICTURE 1,365.24 TOTAL PREPAIDS .00 TOTAL VDUDHERS 1,365.24 TOTAL DUE VENDOR 1,365.24 INLAND VALLEY DAILY BULLETIN 0014040-42115-- 7578 30507623 LEGAL AD-BLDG CODE 173.25 001-23010-- 30507500 LEGAL AD - FPL 99-07 125.78 001-23010-- 30507621 LEGAL AD - FPL 99-011 140.40 TOTAL PREPAIDS .00 TOTAL VOUCHERS 439.43 TOTAL DUE VENDOR 439.43 INLAND VALLEY H4JMANE SOCIETY 0014431-45463-- 8463 42500-0699 ANIMAL CNTRL SVCS-JUNE 99 5,361.92 TOTAL PREPAIDS •00 TOTAL VOUCHERS 5,361.92 TOTAL DUE VENDOR 5,361.92 INT'L INSTITUTE OF MUNICIPAL CLERKS 0014040-42340-- MEMBSHP FEE-CTY CLRK 75.00 TOTAL PREPAIDS •00 TOTAL VOUMS 75.00 TOTAL DILE VENDOR 75.00 JOE A GONSALVES & SON 0014010-44000-- 7797 PROF.LEGIS-JUNE 99 3,000.00 TOTAL. PREPAIDS •00 TOTAL VOUCHERS 3,000.00 TOTAL DUE VENDOR 3,000.00 K&V BLUEPRINT 0014090-42200-- C8742 SVCS AORMNT-XEROX 2510MAP 360.00 TOTAL PREPAIDS •00 TOTAL VOUCHERS 360.40 TOTAL DUE VENDOR 360.00 CITY OF DIAN N BAR RUN DATE: 06/09/1999 16:21:06 VOUCHER REGISTER PAGE: 7 DUE THRU: 06/15/1999 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK SEUNG HEE KIM 001-34780-- 31623 RECREATION REFUND 48.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 48,00 TOTAL DUE VENDOR 48.00 RACHEL KIRK 001-36610-- 49493 RENTAL REFUND-PANTERA 45.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 45.00 TOTAL DUE VENDOR 45.00 KNOX INDUSTRIAL SUPPLIES 0015310-41200-- 647367 BANDING INSTLLTN 50.43 TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.43 TOTAL DUE VENDOR 50.43 GEORGE KUO 0015210-42325-- PLNN COMM MTG-5/11,5/25 120.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 120.00 TOTAL DUE VENDOR 120.00 LAC DISTRICT ATTORNEY'S OFFICE 0014020-44021-- 99-0090 LEGAL SVCS - FEB. 99 58.44 0014020-44021-- LEGAL SVCS-CORRECTION -30.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 28.44 TOTAL DUE VENDOR 28.44 LEAGUE OF CA CITIES 0014010-42325-- GNRL MEMBRSHP-M/CHANG 25.00 06/15/1999 35426 0014030-42325-- GNRL MEMBSHP MTG-C/ANSARI 23.00 06/15/1999 35421 TOTAL PREPAIDS 48.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 48.00 KIM LENYGYEL 001-23002-- 49833 REFUND SCRTY DEP-PANTERA 50.00 TOTAL PREPAIDS ,00 TOTAL VOUCHERS 50,00 TOTAL DUE VE)W 50.00 LONG BEACH JR. CONCERT BAND 0015350-45305-- 8m CONCERT IN THE PARK-6/30 750.00 TOTAL PREPAIDS ,00 TOTAL VOUCHERS 750,00 TOTAL DUE VENDOR 750.00 LOS ANGELES COUNTY PUBLIC WORKS 0015510-45530-- 7865 6679 INDUSTRIAL WST-APRIL 99 623.25 TOTAL PREPAIDS .00 TOTAL VOUCHERS 623.25 TOTAL DUE VENDOR 623.25 PAGE: 8 PREPAID AMOUNT DATE CHECK 3,534.40 4,496.34 .00 8,030.74 8,030.74 25,675.83 .00 25,675.83 25,675.83 120.00 .00 120.00 120.00 460.06 .00 460.06 460.06 82.00 .00 82.00 82.00 120.00 .00 120.00 120.00 500.00 500.00 500.00 .00 1,500.00 1,500.00 CITY OF DIAMOND BAR RUN DATE: 06/09/1999 16:21:06 VOUCHER REGISTER DUE THRU: 06/15/1999 FUND/SECT-ACCT-PROJECT-ACCT PO 4 INVOICE DESCRIPTION LOS ANGELES COUNTY SHERIFF'S DEPT 0014411-45402-- 14687 PROF.SVCS-SFTY CK.POINT 0014411-45402-- 14687 T/C SCHOOLS - MARCH TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR LPA INC 2505215-46420-13898-46420 8445 10489 PROF.SVCS-CC TASK FORCE TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR JOE MCMANUS 0015210-42325-- PLM COMM MTO-5/11,5/25 TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR MOBILE MODULAR MANAGEMENT GROUP 0015350-42140-- 8117 108177 RNTL-SYC CYN BLDG TOTAL PREPAIDS TOTAL VOLKNERS TOTAL DUE VENDOR MT. BALDT UNITED WAY 001-21113-- PP10/11 PAYROLL DEDUCTIONS TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR STEVEN G. NELS014 0015210-42325-- PLN COW MTG - 5/11,5/25 TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR NELSONICS 0015350-45305-- 8806 EQUIP RENTAL - 6/30 0015?50-45305-- 8806 EQUIP RENTAL - 6/16 0015350-45305-- 8806 EQIUP. RENTAL -6/23 TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR PAGE: 8 PREPAID AMOUNT DATE CHECK 3,534.40 4,496.34 .00 8,030.74 8,030.74 25,675.83 .00 25,675.83 25,675.83 120.00 .00 120.00 120.00 460.06 .00 460.06 460.06 82.00 .00 82.00 82.00 120.00 .00 120.00 120.00 500.00 500.00 500.00 .00 1,500.00 1,500.00 CITY OF DIAMOND BAR RUN DATE: 06/09/1999 16:21:06 VOUCHER REGISTER PAGE: 9 DUE THR1: 06/15/1999 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK OFFICE DEPOT 0014440-41200-- 7666/OPEN SUPPLIES-EMER PREP -13.62 0014440-41200-- 7666/DPEN SUPPLIES-EMER PREP 164.75 0014440-41200-- 7666/OPEN SUPPLIES -90 PREP -33.10 0014040-41200-- 7666/OPEN SUPPLIES -CITY CLERK 17.53 0015350-41200-- 7666/OPEN SUPPLIES -COMMUNITY SVCS 419.87 0014440-41200-- 7666/OPEN SUPPLIES-EHER PREP 32.36 0015510-41200-- 7666/OPEN SUPPLIES -PUBLIC WORKS 46.07 0014040-41200-- 7666/OPEN SUPPLIES -CITY CLERK, 16.66 0015510-41200-- 7666/OPEN SUPPLIES -PUBLIC WORKS 283.45 0015210-41200-- 7666/OPEN SUPPLIES -PLANNING 282.67 0014040-41200-- 7666/OPEN SUPPLIES -CITY CLERK.. 38.97 001-21109-- TOTAL PREPAIDS 3,625.44 06/15/1999 .00 001-21109-- TOTAL VOLDERS 509.69 06/15/1999 1,255.61 001-21109-- TOTAL DUE VENDOR 1,255.61 KRISTIN PATRA 001-34720-- 49666 EXCURSION REFUND 49.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 49.00 TOTAL DUE VENDOR 49.00 PAYROLL TRANSFER 001-10200-- 14700098 PAYROLL TRANSFER -PP 10 62,400.00 06/15/1999 PP10 TOTAL PREPAIDS 621400.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 62,400.00 PERS RETIREMENT FUND 001-21109-- PP10 RETIRE CONTRIB-EE 4,121.17 06/15/1999 35419 001-21109-- PP10 RETIRE CONTRIB-ER 3,625.44 06/15/1999 35419 001-21109-- PP10 MILITARY BUY BACK 509.69 06/15/1999 35419 001-21109-- PPIO SURVIVOR BENEFIT 31.62 06/15/1999 35419 TOTAL PREPAIDS 8,287.92 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 8,287.92 PERSPECTIVE PLUMBING 0015318-42210-- 8724 7579 EQUIP.INSTLL-PANTERA PARC 350.00 TOTAL PREPAIDS .00 TOTAL VOUDERS 350.00 TOTAL DUE VENDOR 350.04 PITNEY BOWES INC 0014090-42120-- 8773 43743 SOFTWARE UPDATE -POSTAGE 221.91 TOTAL PREPAIDS .04 TOTAL VUS ERS 221.91 TOTAL DUE VENDOR 221.91 PK DEVELOPMENT h CONSTRUCTION INC 001-34640-- REFUND PLN INSPECTION FEE 170.00 001-34430-- REFUND PLNG FEE REFUND -200.00 TOTAL PREPAIDS •Do TOTAL VOUCHERS -30.40 TOTAL DUE VENDOR -30.40 RALPHS GROCERY COMPANY 0014090-42325-- CITY OF DIAMOND BAR 62.94 RUN DATE: 06/09/1999 16:21:06 VOUCHER REGISTER PAGE: 10 GEN LEGAL SVCS-COEV MARCH DUE THRU: 06/15/1999 .00 FUND/SECT-ACCT-PROJECT-ACCT PO 4 INVOICE DESCRIPTION AMOUNT PREPAID DATE CHECK PURKISS ROSE -RSI TOTAL DUE VES 151.64 001-23010-- 1173 PROF.SVCS - FPL 98-039 600.00 0014090-42110-- TOTAL PREPAIDS .00 100290-6 TOTAL VOUCHERS 600.00 0014020-44021-- TOTAL DUE VENDOR 600,00 R & D BLUEPRINT TOTAL DUE VENDOR 34.10 2505510-46411-12198-46411 A8743 42977 PRNTNG SVCS -DOC. & SPCFCT 189.03 0014490-44000-- TOTAL PREPAIDS _00 TOTAL VOUCHERS 189.03 10,308.95 TOTAL DUE VENDOR 189.03 RALPHS GROCERY COMPANY 0014090-42325-- 37101 MTG SPPLS-TWN HLL 6/3,6/5 62.94 0015350-41200-- 8716 37101 TINY TOTS SUPPLIES 88.70 GEN LEGAL SVCS-COEV MARCH TOTAL PREPAIDS .00 100290-6 TOTAL VOU 151.64 0014020-44020-- TOTAL DUE VES 151.64 REINBERGER PRINTWERKS INC 1125553-45529-- 100290-6 0014090-42110-- 7499A 9705 PRNT SVCS -BUS. CARDS 34.10 100290-6 TOTAL PREPAIDS ,00 0014020-44021-- TOTAL VERS 34.10 630.00 TOTAL DUE VENDOR 34.10 REMEDY 4,576.15 0014490-44000-- 8686 16782• TEMP.SVCS-C/C 5/16 214.24 TOTAL PREPAIDS ,00 10,308.95 TOTAL VOUCHERS 214.24 10,308.95 TOTAL DUE VENDOR 214.24 RICHARDS WATSON & GERSHON 014020-44020-- 100290-6 GEN LEGAL SVC$ -CS MARCH 32.25 0014020-44020-- 100290-6 GEN LEGAL SVCS-COEV MARCH 141.50 0014020-44021-- 100290-6 SP LEGAL-DOLEZAL-MARCH 1,258.75 0014020-44020-- 100290-6 GEN LEGAL SVCS-CCLERK MAR 13.00 1125553-45529-- 100290-6 GEN LEGAL SVC-DIAL/CB MAR 546.00 0014020-44020-- 100290-6 GEN LEGAL SVCS -PB WKS -MAR 3,111.30 0014020-44021-- 8513 100291 SP LEGAL -CABLE TV MARCH 630.00 0014020-44020-- 100290-6 GEN LEGAL SVCS -MARCH 4,576.15 TOTAL PREPAIDS .00 TOTAL VOUCHERS 10,308.95 TOTAL DUE VENDOR 10,308.95 ROBERT F. DRIVER ASSOCIATES 001-23004-- DARLENE RUSH 001-34620-- SPCL EVENT INSRN-1/1-3/31 TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR REFUND-PRKING CITATIONS TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 355.00 06/15/1999 35412 355.00 .00 355.00 40.00 .00 40.00 40.00 CITY OF DIAMOND BAR RUN DATE: 06/09/1999 16:21:06 VOUCHER REGISTER PAGE: 11 DUE THRU: 06/15/1999 FUND/SECT-ACCT-PRDJECT-ACCT PO 4 INVOICE DESCRIPTION AMOUNT PREPAID DATE CHECK JOSEPH RUZICKA 0015210-42325-- PLNN COMM MTG-5/11,5/25 120.00 TOTAL PREPAIDS .04 TOTAL VOUCHERS 120.00 TOTAL DUE VENDOR 120.00 SIMM SAUL 001-34720-- 49600 EXCURSION REFUND 49.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 49.00 TOTAL DUE VENDOR 49.00 ANN M SAVAGEAU 0014040-42330-- RETIREMENT DINNER -C CLK 17.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1700 TOTAL DUE VENDOR 17.00 SEARS ROEBUCK & CO. 0015350-46250-- 7735 EQUIPMT-DAY CAMP SYC CYN 576.24 06/15/1999 35428 TOTAL PREPAIDS 576.24 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 576.24 SECTRAN SECURITY 0014090-44000-- 7870 6113 COURIER SVCS - JUNE 192.61 TOTAL PREPAIDS .00 TOTAL VOUCHERS 192.61 TOTAL DUE VENDOR 192.61 SHANTI SEHWANI 001-23002-- 49822 REFUND SCRTY DEP-PANTERA 50.00 TOTAL PREPAIDS ,00 TOTAL VOUCHERS 50.04 TOTAL DUE VENDOR 50.00 JEFREY SHEBROE 001-34620-- REFUND-PRKING CITATIONS 70.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 70.00 TOTAL DUE VENDOR 7000 SMART & FINAL 0015314-42210-- 7522 288871 SUPPLIES -HERITAGE PARK 68.39 TOTAL PREPAIDS .00 TOTAL VOUCHERS 68.39 TOTAL DUE VENDOR 68.39 LINDA KAY SMITH 0015551-42340-- REIMB TUITION REIMB. 56.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 56,00 TOTAL DUE VENDOR 56.00 RUN DATE: 06/09/1999 16:21:06 CITY OF DIAMOND BARVOUCHER REGISTER PAGE: 12 DUE THRU: 06/15/1999 FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION PREPAID AMgI,MT DATE CHECK SO CALIFORNIA BINDERY & MAILING 0014095-42121-- 7500 24682 MAIL PROC.SVCS-COMH1 NEWSL 259.09 TOTAL PREPAIDS .00 TOTAL VOUCHERS 259.09 TOTAL DUE VENDOR 259.09 SOUTHERN CALIFORNIA EDISON 0015510-42126-- 0015510-42126-- ELECT SVCS -TRAFFIC CON 137.72 0015510-42126-- ELECT SVCS -TRAFFIC CONTRL 138,99 1385538-42126-- ELECT SVCS-DIST TRFC CNTR 128.48 1415541-42126-- ELECT SVCS-DIST #38 12.64 0015510-42126-- ELECT SVCS-DIST #41 125,27 ELECT SVCS -TRAFFIC CONTRI 4,119.$6 TOTAL PREPAIDS .00 TOTAL VOUCHERS 4,662.96 TOTAL DUE VENDOR 4,662.96 SOUTHLAND 0015350-45305-- 8816 CONCERT IN PARK -,6/16 800.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 800.00 TOTAL DUE VENDOR 800.00 RITA STITH 001-34720-- 49875 EXCURSION REFUND 103.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 103.00 TOTAL DUE VENDOR 103.00 SUBWAY 0014090-42325-- 8761 MTG SPPLS-5112,26,6/1 47.88 TOTAL PREPAIDS .00TOTAL VOUCHERS 47.88 TOTAL DUE VENDOR 47.88 THE LOCAL GOVERNMENT COMMISSION 0014090-47315-- 8335H MEMBSHP RENWL-MAY 99-2000 50,00 TOTAL PREPAIDS .UO TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 THE WHOLE ENCHILADA 0015350-45305-- 8809 CONCERT IN PARK -6/30 482.25 TOTAL PREPAIDS .00 TOTAL VOUCHERS 482.25 TOTAL DUE VENDOR 482.25 SHIRLEY TSAY 001-34780-- 30919 RECREATION REFUND 40.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 40.00 TOTAL DUE VENDOR 40.00 CITY OF DIAMOND BAR RUN DATE: 06/09/1999 16:21106 VOUCHER REGISTER PAGE: 13 DUE THRU: 06/15/1999 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO 4 INVOICE DESCRIPTION AMOUNT DATE NECK STEVEN TYE 0015210-42325-- PLNN COMM MTG-5/25/ 60.00 TOTAL PREPAIDS •00 TOTAL VOUCHERS 60.00 TOTAL DUE VENDOR 60.00 UNITED PARCEL SERVICE 0014090-42120-- 9632780027-2 EXPRESS MAIL -GENERAL. GOVT 6.75 TOTAL PREPAIDS .00 TOTAL VOUCHERS 6.75 TOTAL DUE VENDOR 6.75 MARY AIME VILLAROSA 001-23002-- 49890 REFUND SCRTY DEP-PATERSON 50.00 TOTAL PREPAIDS •00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 WALNUT VALLEY WATER DISTRICT 1395539-42126-- WATER SVCS -3/18-5/20 DT39 4,084.24 0015328-42126-- WATER SVCS-SUMMITRIDGE PK 1,917.54 0015558-45509-- WATER SVCS -4/30-5/31 121.00 0015318-42126-- WATER SVCS-PANTERA PARK 3,650.31 1385538-42126-- WATER SVCS -3/17-5/19 DT36 7,954.09 0015331-42126-- WATER SVCS-SYC CYN PARK 671.94 0015319-42126-- WATER SVCS -PETERSON PARK 1,064.61 MTG W/ANNIV CMTE4119OCNW TOTAL PREPAIDS .00 0014010-42330-- TOTAL VOUCHERS 19,463.73 35424 TOTAL DUE VENDOR 19,463.73 WELLS FARGO BANK 0014090-42310-- FUEL 4/28 HUFF 26.65 06/15/1999 35425 0014010-42325-- MTG-4/14,23,5/1,5HUFF 125.43 06/15/1999 35425 0014095-42330-- ICSC CONF/VEGAS-5/5ANSARI 88.00 06/15/1999 35424 0014010-42330-- LEGIS TRIP-4/15,22HERRERA 223.00 06/15/1999 35422 0014010-42325-- MEETINGS - 4/20 HERRERA 17.34 06/15/1999 35422 0014010-42325-- MTG W/ANNIV CMTE4119OCNW 110.48 06/15/1999 35423 0014010-42330-- CCCA CNF-4/23,27,28,30ANS 322.43 06/15/1999 35424 TOTAL PREPAIDS 913.33 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 913.33 WEST COAST ARBORISTS INC 0015558-45509-- 7519 15313 TREE MAINT SVCS -4/15/99 1,060.00 0015558-45509-- 8485 15467 TREE PLNTNG SVCS -5/15 1,105.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,165.00 TOTAL DUE VENDOR 2,165.00 WEST GROUP 0014090-42320-- 7899 34341349 CA CODE UPDATES 122.32 TOTAL PREPAIDS .00 TOTAL VOUEHERS 122.32 TOTAL DUE VENDOR122.32 REPORT TOTAL PREPAIDS 74,340.49 REPORT TOTAL VOUCHERS 145,073.39 REPORT TOTAL 219,413.88 CITY OF DIAMOND BAR RUN DATE: 06/09/1999 16:21:06 VOMER REGISTER PAGE: 14 DUE TWdJ' 06/15/1999 FUND/SECT-ACCT-PROJECT-ACCT PO 4 INVOICE DESCRIPTION PREPAID AMgIINT DATE CHECY, WILLIAM WREN 001-23002-- 49705 REFUND SCRTY DEP-PANiERA 50.00 TOTAL PREPAIDS ,00 TOTAL VOUCHERS 50,00 TOTAL DUE VENDOR 50.00 PAUL WRIGHT 0014090-44000-- 0014090-44000-- 7584 A/V SVCS-PC4/27,CC5/4,TD 700.00 06/15/1999 35420 7584 A/V SVGS-PCS/11,C5/18,TD 560.00 06/15/1999 35420 TOTAL PREPAIDS 1,260.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 1,260.00 XEROX CORPORATION 0014090-42200-- 7474 68631644 APRIL BASE-5TC-106078 327.25 0014090-42200-- 7474 68631843 APRIL BASE-5TC-105133 327.25 TOTAL PREPAIDS ,00 TOTAL VOUCHERS 654.50 TOTAL DUE VENDOR 654.50 REPORT TOTAL PREPAIDS 74,340.49 REPORT TOTAL VOUCHERS 145,073.39 REPORT TOTAL 219,413.88 Y ' REDEVELOPMENT AGENCY OP THE CITY Or DIAMOND BAR O REGULAR MEETING OF THE BOARD OF DIRECTORS NE 1 1 4 4?� JUNE 999 1. CALL TO ORDER: Chairman Ansari called the meeting to order at 11:30 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; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Mike Nelson, Communications & Marketing Director and Lynda Burgess, Agency Secretary. 2. PUBLIC COMMENTS: None Offered. 3. CONSENT CALENDAR: AM/O'Connor moved, AM/Huff seconded, to approve the Consent Calendar. Motion carried by the following Roll Call vote with AM/Herrera abstaining on Consent Calendar Item No. 3.1.2. AYES: AGENCY MEMBERS - Chang, Herrera, O'Connor, VC/Huff, Chair/Ansari NOES: AGENCY MEMBERS - None ABSENT: AGENCY MEMBERS - None 3.1 APPROVED MINUTES: 3.1.1 Regular Meeting of May 4, 1999 -As submitted. 3.1.2 Regular Meeting of May 18, 1999 - As submitted. 3.2 APPROVED VOUCHER REGISTER - dated June 1, 1999 in the amount of $2,264.75. 3.3 REVIEWED AND APPROVED TREASURER'S STATEMENT - for April, 1999. 4. PUBLIC HEARINGS: None 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. AGENCY MEMBER COMMENTS: AM/O'Connor expressed her excitement about seeing the Travelers Insurance building being constructed. JUNE 1, 1999 PAGE 2 REDEVELOPMENT AGENCY Chair/Ansari said it is good to see business growth in Diamond Bar. She believed that residents are pleased that D.B. will have 2,000 addition jobs available by the end of this year. AGENCY ADJOURNMENT: There being no further business to conduct, Chair/Ansari adjourned the meeting at 11:33 p.m. ATTEST: Chairman LYNDA BURGESS, Agency Secretary DIAMOND BAR REDEVELOPMENT AGENCY INTEROFFICE MEMORANDUM TO: Chairman Ansari and Board of Directors FROM: Linda G. Magnuson inance Director SUBJECT: Voucher Register, June 15, 1999 DATE: June 9, 1999 Attached is the Voucher Register dated June 15,1999 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. DIAMON� BAR REDEVELOPMENT AGENCY VOUCHER REGISTER APPROVAL The attached listing of vouchers datet June 15, 1999 have been reviewed, approved, and recommended for payment. Payments are hereby allowed from the following funds in these amounts FUND DESCRIPTION 610 REDEVELOPMENT AGENCY FUND REPORT FOR ALL FUNDS APPROVED BY: PREPAID .00 mom -------�A i Eileen �. nsar Chairman Rooer� S' Huff Executiye �i�-ector4�" Vice Chairman VOUCHERS 7,238.00 7,238.00 TOTAL 7,238.00 DATE' OF In 11999 FUINIP/ E rc LUND7': T W1,41- E !C;7— T- Lj I N:, T AMOUNT T. TA Mar OA INTEROFFICE MEMORANDUM TO: Honorable Chairman and Members of the Board FROM: Terrence L. Belanger, City Manager RE: FY 1999-00 Diamond Bar Redevelopment Agency Budget DATE: June 15, 1999 The Fiscal Year 1999-00 Diamond Bar Redevelopment Agency budget is proposed to be $1,264,600. With the Economic Revitalization Area Plan adopted and being implemented, it is proposed that staff related costs be allocated to the DBRDA ($153,000). Other major expenditures are for General Counsel services ($50,000) and Professional Services ($100,000) for the preparation of an economic development strategic plan, a commercial rehabilitation program, a business retention program, and a housing program. The capital improvement projects budgeted this fiscal year include the Golden Springs Road - Brea Canyon Road to Westerly City Limit project ($429,000) and Brea Canyon Road — Pathfinder to Southerly City Limit project ($500,000). There could be several other capital improvement projects funded by the DBRDA, e.g., traffic signal and/or landscape beautification projects, in this fiscal year, depending upon the decisions of the Board of Directors. RESOLUTION NO. 99- A RESOLUTION OF THE DIAMOND BAR REDEVELOPMENT AGENCY APPROVING AND ADOPTING A BUDGET FOR THE DIAMOND BAR REDEVELOPMENT AGENCY FOR THE FISCAL YEAR CCMMENCING JULY 1, 1999 AND ENDING JUNE 30, 2000, INCLUDING THE APPROPRIATION OF FUNDS FOR ACCOUNTS, DEPARTMENTS, DIVISIONS, OBJECTS AND PURPOSES THEREIN SET FORTH. A. Recitals (i) The Executive Director has heretofore prepared and presented to the Diamond Bar Redevelopment Agency Board of Directors a proposed budget for the Agency's fiscal year 1999-2000, including staffing, operations, and appropriations therefor (referred to the "Budget" sometimes hereinafter). (ii) Copies of the Agency Budget are on file in the office of the City Clerk labeled "Diamond Bar Redevelopment Agency 1999-00 Fund Budget" and said Budget hereby is made a part of this Resolution. (iii) The Agency has conducted a public meeting on the fiscal year 1999-00 Budget and concluded said hearing prior to the adoption of this Resolution. (iv) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION. NOW THEREFORE, the Board of Directors of the Diamond Bar Redevelopment Agency does hereby find, determine and resolve as follows: 1. In all respects, as set forth in the Recitals, Part A, of this Resolution. 2. The Budget, including the changes enumerated and directed to be made by the Board during the course of the Agency meeting conducted by the Diamond Bar Redevelopment Agency Board, hereby is adopted as the Budget of the Diamond Bar Redevelopment Agency for the Fiscal Year commencing July 1, 1999 and ending June 30, 2000 and consisting of the estimated and anticipated revenues and expenditures for that fiscal year. 3. There are hereby appropriated for obligations and expenditures by the Executive Director the amounts shown in the line objects set forth in the Budget. All obligations and expenditures shall be incurred and made in the manner provided by the provisions of State law and City ordinances and resolutions applicable to purchasing and contracting, which are adopted herewith by reference. 4. Subject to further provision of this Resolution, the appropriations made above constitute the maximum amount authorized for obligation and expenditure by the Executive Director for respective line objects as set forth in the Budget. Each Agency employee shall be responsible, as well as the Executive Director, for seeing that said maximum amounts are not exceeded. S. No warrant shall be issued nor shall any indebtedness be incurred which exceeds the unexpended balance of the fund and Agency appropriations hereinabove authorized unless such appropriations shall have been amended by a supplemental appropriation duly enacted by the Board, or by individual appropriations within any aforesaid line objects, except insofar as the Executive Director may authorized transfers pursuant to this Resolution. 6. The Executive Director hereby is authorized to transfer funds appropriated hereby or by supplemental appropriation as follows: With respect to those classifications designated by code 1000 series, 2000 series, 4000 series, 5000 series and code 6000 series, the Executive Director may transfer amounts between and within those classifications, but only within the Agency Fund. 7. The Secretary shall certify to the adoption of this Resolution. PASSED, ADOPTED AND APPROVED this day of 1999. Chairman I, LYNDA BURGESS, Secretary of the Diamond Bar Redevelopment Agency, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the Board of Directors of Diamond Bar Redevelopment Agency held on the day of , 1999, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAINED: BOARD MEMBERS: ATTEST: Secretary of the Diamond Bar Redevelopment Agency DIAMOND BAR REDEVELOPMENT AGENCY FUND BUDGET FY 1999-2000 FUND DESCRIPTION: Pusuant to the California Health and Safety Code Section 33000, the City of Diamond Bar established the Diamond Bar Redevelopment Agency on April 2, 1996. Redevelopment is the primary tool used by cities in Califomla to revitalize neighborhoods & business districts. As in many cities, the purpose of the Diamond Bar Redevelopment Agency is to provide a mechanism for economic development activities. 1998-1999 City Manager City Council Adjusted Budget Recommended Approved ESTIMATED RESOURCES 36700 Loan Proceeds 2,894,795 984,600 30070 Tax Increment Revenue 300,000 TOTAL 2,894,795 1,264,600 - OPERATING EXPENDITURES 7110-42100 Photocopying 7110-42110 Printing 7110-42115 Advertising 7110-42120 Postage 7110-42315 Membership & Dues 7110-42320 Publications 7110-42325 Meetings 7110-42330 Travel-Conf & Meetings 7110-42340 Education & Training TOTAL OPERATING EXP. PROFESSIONAL SERVICES 1,500 1,500 2,500 2,500 13,000 13,000 5,000 5,000 1,500 1,500 500 500 2,500 2,500 1,500 1,500 1,500 1,500 29,500 29,500 0 7110-44000 Professional Services 60,000 100,000 7110-44010 Accounting & Auditing Svcs 2,500 2,500 7110-44020 General Legal Svcs 72,000 50,000 TOTAL PROF SVCS 134,500 152,500 0 ALLOCATED COSTS Allocated Salaries 150,000 153,600 TOTAL ALLOC COSTS 150,000 153,600 0 CAPITAL OUTLAY 7110-46411 Street Improvements 634,695 929,000 0 TOTAL CAPITAL OUTLAY 634,695 929,000 0 TOTAL 948,695 1,264,600 0