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7/20/1999
Tuesday, July 20, 1999 5:00 p.m. — Study Session CC -8 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 II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking eating or drinking in the Council Chambers. The City of Diamond Bar uses recycled paper and encourages you to do the same. DIAMOND BAR CITY COUNCIL RULES (ALSO APPLIES TO COhOvUSSION AND COM&ETTEE MEETINGS) PUBLIC INPUT The meetings ofthe 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 ublect manor jurisdiction of the Diamond Bar City Council. A request t address the Council should be submitted in person to the City Clerk. Asa general rule the Opportunity for public parcon tine are interested nts will take place at the discretion of the Chair . However, in order to facilitate the meeting, Persons who ties 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 ibe 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 environrner8 are viewed as attacks against the entire City Council and will not be tlerated Your cooperation is greatly appreciated In accordance with Government Code Section 54954.3(a) the Chair may from time to time dispense with public comment on items previously considered by the Council. (Does not apply to Committee meetings.) In accordance with State Law Gown Actl all matters t be y City Council must be posted at least 72 hours prior to the Council meeting In case of emergency, or when a subject matter subsequent t 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 CTTy COUNCIL CHAMBERS The Chair shall order removed from the Council Diamond Bar City Council. Chambers any person who commits the following acts in respect to a regular or special meeting ofthe A Disorderly behavior toward the Council or course ofsaid meeting �Y member ofthe staffthereof, tending t interrupt the due and orderly 13 A breach of the peace, boisterous conductor violent disturbance said meeting. , tending to interrupt the due and orderly course of C. Disobedience of any lawful order ofthe Chair, which shall include an order to be seated Board; and or to refrain from addressing the 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 ofthe City Council is recorded on cassette tapes and duplicate tapes are available for a nominal charge, ADA REQUIREMENTS A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. Sign language interpreter services are also available by giving notice at least three business days in advance 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 ofthe Council, Cassette Tapes of Meetings (909) 860-2489 Computer Access to Agendas (909) 860 -LINE General Information (909) 860-2489 NOTE: ACTION MAY BE TAKEN ON ANY ITEM IDENTIFIED ON THE AGENDA. Next Resolution No. 99-60 Next Ordinance No. 10(1999) STUDY SESSION 5:00 p.m., CC -8 1) Code Enforcement Report 2) Street Tree Policy 3) Millennium Celebration 1. CLOSED SESSION: 2. CALL TO ORDER: 6:30 p.m., July 20, 1999 PLEDGE OF ALLEGIANCE: Mayor INVOCATION: Rex Wolins, Assoc. Pastor, Diamond Canyon Christian Church ROLL CALL: Council Members Ansari, Herrera, Huff, Mayor Pro Tem O'Connor, Mayor Chang APPROVAL OF AGENDA: Mayor 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Presentation of City Tile to Assemblyman Pacheco 3.2 Presentation of Certificates of Recognition to the Lanterman Task Force Members (original 25). BUSINESS OF THE MONTH: 3.3 Presentation of City Tile to Matt, Tachdjian, owner of Diamond Bar Honda on the occasion of its 5" Anniversary. 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 City Council. minute maximum time limit when addressing the JULY 20, 1999 PAGE 2 5. SCHEDULE OF FUTURE EVENTS: 5.1 CONCERTS IN THE PARK - "ALTURAS" (Latin Jazz) - July 21, 1999 - 6:30 - 8:00 p.m., Sycamore Canyon Park, 22930 Golden Spgs. Dr. 5.2 PARKS & RECREATION COMMISSION - July 22, 1999 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.3 TOWN HALL MEETING - (Solid Waste) - July 24, 1999 - 9:00 - 11:00 a.m., Heritage Park Community Center, 2900 S. Brea Canyon Rd. 5.4 HOUSEHOLD HAZARDOUS WASTE ROUNDUP - July 24, 1999 - 9:00 a.m. - 3:00 p.m., Gateway Corporate Center, 1300 Bridgegate Dr. 5.5 SUMMER CLEANUP (Bulky Items) - July 24, 1999 - 6:30 a.m. - 4:00 p.m., Curbside Pickup 5.6 PLANNING COMMISSION - July 27, 1999 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.7 CONCERTS IN THE PARK - "ORANGE COLORED SKY" (Top Rock) - July 28, 1999 - 6:30 - 8:00 p.m., Sycamore Canyon Park, 22930 Golden Spgs. Dr. 5.8 TOWN HALL MEETING - August 3, 1999 - 4:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.9 CITY COUNCIL MEETING - August 3, 1999 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: 6.1. APPROVAL OF MINUTES: 6.1.1 Study Session of July 6, 1999 - Approve as submitted. 6.1.2 Regular Meeting of July 6, 1999 - Approve as submitted. Requested by: City Clerk 6.2 PLANNING COMMISSION MINUTES - Regular Meeting of June 8, 1999 - Receive and File. Requested by: Planning Division 6.3 TRAFFIC & TRANSPORTATION COMMISSION MINUTES - Regular Meeting of June 10, 1999 - Receive and File. JULY 20, 1999 PAGE 3 Requested by: Engineering Division 6.4 VOUCHER REGISTER - Approve Voucher Register dated July 20, 1999 in the amount of $306,159.13. Requested by: Finance Division 6.5 BOND RELEASES/REDUCTIONS: 6.5.1 EXONERATION OF CASH DEPOSIT IN LIEU OF GRADING BOND (FAITHFUL PERFORMANCE, LABOR & MATERIAL) FOR LOTS 13,14,15,16 TRACT 30093, (2112/2122/2132/2142 INDIAN CREEK RD.)IN DIAMOND BAR - The Principal, Gina Gasparian Sarkissian, requests release of the Cash Deposit in Lieu of Grading Bond for improvement security as required in accordance with the Subdivision Map Act. The Public Works Division finds that the Principal performed all works as shown on the grading plan on file with the City. Recommended Action: It is recommended that the City Council approve the exoneration of Cash Deposit in Lieu of Grading Bond (Faithful Performance, Labor & Material), in the amount of $35,100 posted with the City on April 17, 1995 and direct the City Clerk to notify the Principal and Surety of this action. 6.5.2 REDUCTION OF GRADING PERMIT BOND (FAITHFUL PERFORMANCE, LABOR & MATERIAL) FROM 170,000 TO $54,400 FOR TRACT 45268 - The Principal, the William Lyon Homes, Inc. requests release of their surety bond for improvement security as required in accordance with the Subdivision Map Act. The Public Works Division finds that the Principal has provided sufficient proof of completed grading of lots 1-28, 60-93 in Tract No. 45268 located north of Brea Canyon Cutoff Rd., as indicated on the final grading certification signed by the County on file with the City. William Lyon Homes, Inc. requests reduction of the Grading Permit Bond from $170,000 to $54,400 due to lack of documentation for lots 29-59. A request for release on lots 29-59 will posted at a later time. Recommended Action: It is recommended that the City Council approve reduction of the grading permit bond from $170,000 to $54,400 for Tract No. 45268 and direct the City Clerk to notify the Owner and Surety of this action. 6.5.3 REDUCTION OF GRADING PERMIT BOND (FAITHFUL PERFORMANCE, LABOR & MATERIAL) FROM $1,260,000 TO $415,800 AND EXONERATION OF FAITHFUL PERFORMANCE BOND IN THE AMOUNT OF $33,000 FOR CORRECTIVE GEOLOGIC JULY 20, 1999 PAGE 4 IMPROVEMENTS FOR TRACT 43760 IN DIAMOND BAR - The Principal, William Lyon Homes, Inc. requests release of its surety bonds for improvement security as required in accordance with the Subdivision Map Act. The Public Works Division finds that the Principal has provided sufficient proof of completed grading of lots 1-103 (total of 156 lots) located north of Brea Canyon Cutoff Rd., as indicated on the final grading certification signed by the County on file with the City. Requested is reduction of the Grading Permit Bond in the amount of $1,260,000 to $415,800 due to lack of documentation for lots 104-156. A request for release on lots 104-156 will be posted at a later time. The Public Works Division also finds that the Principal has provided sufficient proof of completed corrective geologic improvements for lots 1-156 in Tract No. 43760, as indicated on a letter dated March 18, 1994 by Mr. Donald Brockway, Principal Engineer with Leighton and Associates. Recommended Action: It is recommended that the City Council approve reduction of the Grading Permit Bond from $1,260,000 to $415,800 for Tract No. 43760 posted with the County on August 29, 1985 and exonerate Faithful Performance Bond for Corrective Geologic Improvements in the amount of $33,000 for Tract No. 43760 posted with the County May 7, 1986 and direct the City Clerk to notify the Owner and Surety of this action. 6.5.4 EXONERATION OF GRADING PERMIT BOND (FAITHFUL PERFORMANCE, LABOR & MATERIAL) IN THE AMOUNT OF $35,427 AND REDUCTION OF FAITHFUL PERFORMANCE BOND FOR INSTALLATION OF THE PARK SEWER LINE AND CONNECTION IMPROVEMENTS/PARKWAYK ENTRY SIGN FROM $20,000 TO $15,000 FOR TRACT 44824 IN DIAMOND BAR - The Principal, William Lyon Homes, Inc. requests release of its surety bonds for improvement securities as required in accordance with the Subdivision Map Act. The Public Works Division finds that the Principal has provided sufficient proof of completed grading of lots 1-45 in Tract No. 44824 as indicated on the final grading certification signed by the County on file with the City. The Principal has also provided sufficient proof of completing the parkway entry sign. Requested is exoneration of the Grading Permit Security in the amount of $35,427 and reduction of the Faithful Performance Bond from $20,000 to $15,000 due to lack of documentation for installation of the park sewer line and connection improvements. A request for release for installation of the park sewer line and connection improvements will be posted at a later time. JULY 20, 1999 PAGE 5 Recommended Action: It is recommended that the City Council approve exonera�Grading Fa Faithful Performance amount of $35,427 and eduction Bond for installation of park sewer line and connection improvements/parkway entry sign from $20,000 to $15,000 for Tract No. 44824 and direct the City Clerk to notify the Owner and Surety of this action. Requested by: Engineering Division 6.6 RESOLUTION NO. 99 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE INSTALLATION OF MULTI -WAY STOP SIGNS AT THE INTERSECTION OF LONGVIEW DRIVE AND THUNDER TRAIL - In order to ensure that vehicles approaching the intersection of Longview Dr. is n& Thunder Trail come to a complete stop, the Transportation Commission recommended on June 10, 1999 installation of multi -way stops at the above mentioned intersection. Recommended Action: It is recommended that the City Council adopt Resolution No. 99 -XX approving installation of multi -way stop signs at the intersection of Longview Dr. and Thunder Trail. Requested by: Engineering Division 6.7 A) APPROVAL OF PURCHASE ORDER TO PROCURE TRAFFIC SIGNAL POLES FOR THE INTERSECTIONS OF BREA CANYON RD./SILVER BULLET DR., LEMON AVE./LYCOMING ST., GOLDEN SPRINGS DR./RAPIDVIEW DR. AND DIAMOND BAR BLVD./SR 57 ON-RAMP - On July 12, 1999, The Public Works Division sent out requests for bids for procurement of traffic signal poles for the Brea Canyon Rd./Silver Bullet Dr., Lemon Ave./Lycoming St., Golden Springs Dr./Rapidview Dr. and Diamond Bar Blvd./SR 57 On -Ramp Traffic Signal Improvement Projects. Signal poles were to be ordered in advance of the award of the construction contract to help expedite construction time frame and ensure project duration of 90 calendar days. Signal poles normally take 3 months for manufacturing and delivery. Three bids were received. Recommended Action: It is recommended that the City Council approve a Purchase Order to be issued to Lingo Industrial Electric in an amount not to exceed $32,386.24. (B) RESOLUTION NO. 99 -XX: 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 RD./SILVER JULY 20, 1999 PAGE 6 BULLET DR., LEMON AVE./LYCOMING ST., GOLDEN SPRINGS DR./RAPIDVIEW DR. AND DIAMOND BAR BLVD./SR 57 ON-RAMP IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS - Warren Siecke, Traffic Engineer, designed and prepared the plans and specifications for new traffic signals at the intersections of Brea Canyon Rd./Silver Bullet Dr., Lemon Ave./Lycoming St., Golden Springs Dr./Rapidview Dr. and Diamond Bar Blvd./SR 57 On -Ramp. To expedite construction time, the four intersections have been incorporated into one set of plans and specifications to be bid at one time. Traffic signal poles are to be ordered separately to also expedite construction activity. Recommended Action: It is recommended that the City Council adopt Resolution No. 99 -XX approving Plans and Specifications for the Traffic Signal Improvement Project at the Intersections of Brea Canyon Rd./Silver Bullet Dr., Lemon Ave./Lycoming St., Golden Springs Dr./Rapidview Dr. and Diamond Bar Blvd./SR 57 On -Ramp and directing the City Clerk to advertise to receive bids. Requested by: Engineering Division 6.8 UPGRADE OF ELECTRONIC DOCUMENT MANAGEMENT SOFTWARE FOR INPUT, RETRIEVAL AND STORAGE OF VITAL RECORDS - Early in 1999, the City switched its network operating system from LANtastic to Windows NT and provided new personal computers to the City Council and all staff. File Magic 4.3, the City's electronic document imaging system, was determined to be too limited as regarded access by internal users and not capable of being accessed by external system users. In order to expand the usability of the document management system, it was determined that a system upgrade was required. Staff met with several computer and records management experts on March 18, 1999 and it was agreed that the City should pursue an upgrade of File Magic to Fortis by File Magic provided by the same manufacturer. Staff requirements included 32-bit technology, provision of PowerWeb for integration of the City's documents from the document management software to the internet for public access, assurance of Y2K compliance and purchase of the software from an extensively -experienced vendor. Only two firms currently exist in the Southern California area who are licensed by the manufacturer to sell said product. One such firm, Document Imaging Service Corp. (DISC) of San Diego is a Master Reseller of Fortis software and is ranked one of the top ten leading resellers in the world. JULY 20, 1999 PAGE 7 Recommended Action: It is recommended that the City Council approve purchase of Fortis by File Magic, Fortis Power Web Server, Fortis Office, software support, installation and training from Document Imaging Service Corp. (DISC) of San Diego in an amount not to exceed $46,230. Funds are currently available in the FY 1999- 2000 budget approved by the City Council on June 15, 1999. Requested by: City Clerk 6.9 CONTRACTS FOR GOLDEN SPRINGS DRIVE REHABILITATION PROJECT FROM GRAND AVENUE TO TORITO LANE A) AWARD OF CONSTRUCTION CONTRACT - On May 18, 1999, Council approved the plans and specifications for the Golden Springs Drive Street Rehabilitation Project. Council authorized and directed the City Clerk to advertise to receive bids. Notice to bidders was published on May 24, 1999. Seven bids were submitted and opened on June 15, 1999. The apparent low bidder is Excel Paving Co. Recommended Action: It is recommended that the City Council award a construction contract to Excel Paving Co. for the Golden Springs Drive Street Rehabilitation Project in an amount not to exceed $742,593 and authorize a contingency amount of $75,000 for project change orders to be approved by the City Manager, for a total authorization of $817,593. (B) AWARD OF INSPECTION SERVICES CONTRACT - On May 7, 1999, the Public Works Division solicited proposals for Construction Administration/Inspection Services for the Golden Springs Dr. Street Rehabilitation Project. On May 21, 1999, two proposals (from Dewan, Lundin & Assoc. and Hall & Foreman, Inc.) were received and Charles Abbott Assoc. provided a written response that, due to their current workload, they were unable to respond to our RFP. Recommended Action: It is recommended that the City Council award a construction administration/ inspection services award to Hall & Foreman, Inc. for the Golden Springs Dr. Street Rehabilitation Project, in an amount not to exceed $48,000 and provide a contingency amount of $5,000 for contract amendment(s) to be approved by the City Manager, for a total authorization amount of $53,000. Requested by: Engineering Division JULY 20, 1999 PAGE 8 6.10 A) AWARD OF CONSTRUCTION CONTRACT FOR AREA I SLURRY SEAL OVERLAY - On June 25, 1999, Council approved specifications and authorized the City Clerk to advertise for bids for the Area 1 Slurry Seal Project and the Area 1 Slurry Seal - ARAM Overlay Project. Notice to bidders was advertised on May 10, 1999. A total of eight contracts obtained the specifications and four bids were received. Recommended Action: It is recommended that the City Council award a construction contract to Asphalt Maintenance Co. of California for the Area 1 Slurry Seal Project in an amount not to exceed $535,603.53 and authorize a contingency amount $25,000 for project change orders to be approved by the City Manager, for a total authorization of $560,603.53. B) AWARD OF CONSTRUCTION CONTRACT FOR AREA 1 SLURRY SEAL - ARAM OVERLAY PROJECT - On June 15, 1999, Council approved specifications and authorized the City Clerk to advertise for bids for the Area 1 Slurry Seal Project and the Area 1 Slurry Seal - ARAM Overlay Project. One bid was received on July 13, 1999 from Manhole Adjusting in the amount of $72,822.60 for their base bid. Staff recommends adding alternate items 4-K, 4-L, 4-Q and 4-R from Bid Schedule B (for segments located on Steep Canyon Rd. (2), Clear Creek Canyon Dr. (1) and Quail Summit Dr. (2), for an additional $32,794.36. Recommended Action: It is recommended that the City Council award a construction contract to Manhole Adjusting for the Area 1 Slurry Seal - ARAM Overlay Project in an amount not to exceed $105,676.96 and authorize a contingency amount of $4,000 for project change orders to be approved by the City Manager, for a total authorization of $109,676.96. C) AWARD OF CONTRACT FOR AREA 1 SLURRY SEAL - CONSTRUCTION ADMINISTRATION AND INSPECTION SERVICES - On June 15, 1999, Council approved specifications and authorized the City Clerk to advertise for bids for the Area 1 Slurry Seal Project and the Area 1 Slurry Seal - ARAM Overlay Project. On May 7, 1999, the Department of Community and Development Services solicited proposals for construction administration and inspection. Two proposals were received on May 21, 1999. Upon review of the proposals, staff recommends award of the project to GFB-Friedrich & Assoc. Recommended Action: It is recommended that the City Council award a construction administration and inspection services to GFB-Friedrich & Assoc., Inc. for JULY 20, 1999 PAGE 9 the Area 1 Slurry Seal Project and the Area 1 Slurry Seal - Asphalt Rubber and Aggregate Membrane (ARAM) Overlay Project in an amount not to exceed $34,807 and authorize a contingency amount of $3,000 for contract amendments to be approved by the City Manager, for a total authorization of $37,807. Requested by: Engineering Division 6.11 RESOLUTION NO. 99 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, RECOMMENDING THAT PAROLE BE DENIED TO CONVICTED MURDERER, DANNY SAUL ROSALES Recommended Action: It is recommended that the City Council adopt Resolution No. 99 -XX recommending that parole be denied to convicted murderer, Danny Saul Rosales. Requested by: City Manager 6.12 RESOLUTION NO. 99 -XX: 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 - On June 1, 1999, the City Council approved the specifications and authorized the City Clerk to advertise to receive bids for the Traffic Signal Improvement Project at the Intersections of Brea Canyon Rd./Diamond Crest Ln., Brea Canyon Rd./Glenbrook Dr., and Brea Canyon Rd./Golden Spgs. Dr. Notice to bidders was advertised on June 7, 1999. In response to the advertisements, a total of eleven (11) contractors obtained the project specifications. Six (6) bids were submitted and opened on July 13, 1999. To allow and encourage more competitive bids, staff recommends that the bids be rejected and project re -advertised. Recommended Action: It is recommended that the City Council a) reject all bids, and b) adopt Resolution No. 99 -XX approving Specifications for the Traffic Signal Improvement Project at the Intersections of Brea Canyon Rd./Diamond Crest Ln., Brea Canyon Rd./Glenbrook Dr., and Brea Canyon Rd./Golden Spgs. Dr. in said City and Authorizing and Directing the City Clerk to advertise to receive bids. Requested by: Engineering Division JULY 20, 1999 PAGE 10 7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as matters may be heard. None 8. OLD BUSINESS: 8.1 PROPOSED AMENDMENT TO WILDLIFE CORRIDOR CONSERVATION AUTHORITY JOINT EXERCISE OF POWERS AGREEMENT TO PERMIT THE COUNTY OF LOS ANGELES TO BECOME A PARTY TO THE JOINT POWERS AGREEMENT - The County has made a request to become a party to the Wildlife Corridor Conservation Authority Joint Exercise of Powers Agreement (WCCA). The County is the governing body of the greater majority of the territory within the corridor, as delineated by WCCA. Further, the County is the single largest source of funding available to WCCA for conservation activities. The City representative (Mayor Pro Tem O'Connor) to the WCCA Board of Directors and the alternate City representative (Councilman Huff) both recommend the proposed agreement amendment. Recommended Action: It is recommended that the City Council approve the amendment to the Wildlife Corridor Conservation Authority Joint Exercise of Powers Agreement to permit the County to become a party to the joint powers agreement. It is further recommended that the Mayor be authorized and directed to execute the proposed amendment to the joint powers agreement. Requested by: City Manager 9. NEW BUSINESS: 9.1 ORDINANCE NO. 0X(1999): AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING CHAPTER 18.108 OF TITLE 18 OF THE DIAMOND BAR MUNICIPAL CODE ADOPTING AMENDMENTS TO UPDATE THE MINIMUM NATIONAL FLOOD INSURANCE PROGRAM REQUIREMENTS FOR FLOODPLAIN MANAGEMENT - Congress passed the National Flood Insurance Act of 1968 establishing the National Flood Insurance Program (NFIP) to enable property owners to purchase insurance protection against losses from flooding. Community participation in the NFIP is based on an agreement with the Federal Emergency Management Agency (FEMA) that the community will implement and enforce measures to reduce future flood risks to new construction in flood -prone areas. By doing this, the community would be provided with available flood insurance as financial protection against losses in the special flood zone areas. There are two areas so noted in D.B. The City's current floodplain management regulations are contained in Chapter 18.108 of the Municipal Code adopted by Ordinance No. 30(1989). The City became a participant in the NFIP via adoption of JULY 20, 1999 PAGE 11 Resolution No. 91-51 and subsequent approval by FEMA on July 31, 1991. Community Assistance Visits (CAV) are also a part of the program for periodic contact and to assure compliance with current NFIP regulations. To date, the City has had two CAVs, with the last one conducted on October 26, 1998. The proposed amendments implement changes necessary for the City's compliance with the minimum requirements and restrictions per the CAB and the FEMA Model Ordinance. Recommended Action: It is recommended that the City Council approve first reading by title only, waive full reading and introduce Ordinance No. 0X(1999) amending Chapter 18.108 of Title 18 of the Diamond Bar Municipal Code to update the minimum National Flood Insurance Program requirements for Floodplain Management. Requested by: Engineering Division 9.2 LEGISLATIVE SUB -COMMITTEE RECOMMENDATIONS: (a) SB 1190 (Solis) - OPPOSE - An Act to amend Section 33334.4 of the Health and Safety Code, relating to redevelopment. The Community Redevelopment Law (CRL) authorizes the establishment of redevelopment agencies in communities to address the effects of blight, as defined, in areas of those communities known as project areas. The existing law declares that redevelopment agencies must set aside 20o of their annual property tax increment revenues in a Low and Moderate Housing Fund (L&M Fund) to increase, improve, and preserve affordable housing. L&M Funds can be used to buy land, build onsite or offsite improvements, building structures, buy buildings, rehabilitate buildings, subsidize housing, pay bonds or other indebtedness, maintain mobile homes, preserve subsidized units, replace destroyed housing units, and other related uses. This bill would require that a specified proportion of monies in the agency's L&M Fund be expended over the duration of a 5 -year implementation plan to assist housing for persons of low and very low income. The bill stipulates a time period for which the money must be spent, rather than stating that the money is to be expended over the duration of the redevelopment plan. This bill also states that if an agency does not adopt a housing element or revise its housing element in accordance with Section 65588 of the Government Code or if the jurisdiction's housing element has not been found in compliance by the department pursuant to the Government Code, the agency shall expend at least 75% of the money in the L&M Fund to assist housing for persons of low and very low incomes. JULY 20, 1999 PAGE 12 (b) 18 - (Villaraigosa) - SUPPORT - An act to add Chapter 1.192 to Division 5 of the Public Resources Code, relating to financing a program for the acquisition, development, improvement, rehabilitation, restoration, enhancement, and protection of park, recreational, cultural, historical, fish and wildlife, lake, riparian, reservoir, and coastal resources, by provided the funds necessary therefore through the issuance and sale of bonds of the State of California and by providing for the handling and disposition of those funds, and declaring the urgency thereof, to take effect immediately. Specifically, this bill creates the Villaraigosa-Keeley Urban Parks, Clean Water and Coastal Protection Bond Act of 2000. The legislation proposes a $1.5 billion 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 program for the acquisition, development, improvement, rehabilitation, restoration, enhancement, and protection of park, recreational, cultural, historical, fish and wildlife, and coastal resources. (c) 1383 - (Thompson) - SUPPORT - An act to amend Section 164.56 of the Streets and Highways Code, relating to highways, and declaring the urgency thereof to take effect immediately. Existing law establishes the Environmental Enhancement and Mitigation Demonstration Program Fund (EEMDA) in the State Highway Account, states legislative intent to allocate $10 million for 10 years beginning in 1991, and establishes procedures under which the Resources Agency evaluates proposals for funding and makes recommendations for funding out of the fund. The EEMDA is utilized to make grants to local, state and federal agencies and nonprofit entities that undertake projects to mitigate the adverse environmental effects of existing and future transportation facilities. This bill would delete the 10 year limitation of the existing law and, instead, would specify that it is the intent of the Legislature to allocate $10 million annually to the fund which would be renamed the Environmental Enhancement and Mitigation Program Fund. This bill would also require the Department of Transportation to extend the completion date to June 30, 2002, for specified Environmental Enhancement and Mitigation Projects. Specifically this bill would extend the completion date for the City's Tree Planting Project, which would allow the City to plant 1,100 more trees. JULY 20, 1999 PAGE 13 (d) RESOLUTION NO. 99 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR PROPOSING THE CHANGE IN STATE OF CALIFORNIA STATUTES AND CODES TO REQUIRE THAT ALL CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUIRED ENVIRONMENTAL DOCUMENTS AND REPORTS, WHICH MAKE DETERMINATIONS AND DECLARATIONS, SHALL BE REQUIRED TO HAVE A PUBLIC HEARING, WITH NOTICE PUBLISHED, POSTED AND MAILED - Shall all projects and programs subject to the requirements of CEQA be required to conduct public hearings and give public notice (published, posted and mailed) for all environmental impact declaration and determination reports. Recommended Action: It is recommended that the City Council adopt Resolution No. 99 -XX proposing the change in State and Codes to require all California Environmental Quality Act required environmental documents and reports, which make determinations and declarations, be required to have a public hearing, with notice published, posted and mailed. Requested by: Legislative Sub -Committee - Councilmember Ansari and Councilmember Herrera RECESS TO REDEVELOPMENT AGENCY Next Resolution No. RA99-07 1. CALL TO ORDER: Chairman ROLL CALL: O'Connor, VC/Huff, C/Ansari Agency Members Chang, Herrera, 2. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Agency on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the Redevelopment Agency values your comments, pursuant to the Brown Act, the Agency generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the Agency Secretary (completion of this form is voluntary). There is a five minute maximum time limit when addressing the Redevelopment Agency. 3. CONSENT CALENDAR: 3.1 APPROVAL OF MINUTES - Regular Meeting of July 6, 1999 - Approve as submitted. Requested by: Agency Secretary JULY 20, 1999 PAGE 14 3.2 VOUCHER REGISTER - Approve Voucher Register dated July 20, 1999 in the amount of $5,654.52. Requested by: Finance Division 4. PUBLIC HEARINGS: None 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. AGENCY MEMBER COMMENTS: Items raised by individual Agency Members are for Agency discussion. Direction may be given at this meeting or the item may be scheduled for action at a future meeting. 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: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCI TO: CITY CLERK FROM: �,, 12- DATE: o?b 9 ADDRESS: PHONE: ORGANIZATION: AGENDA #/SUBJECT: �;� n �� l; f Cj,� ���� �p T � r 1 � vnlp �1&,a 1 � I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: LY T) L c DATE: 7 X20 F F 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. ��4�/,, Signature TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL CITY CLERK 1 f% - DATE: � PHONE:_'r��J� r� 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 CITY OF DIAMOND BAR "QUICK CAP" MINUTES JULY 20,1999 Next Resolution No. 99-60 Next Ordinance No. 10(1999) 1. CLOSED SESSION: 5:00 P.M. 1) Beach-Courschene vs. City of Diamond Bar 2) Amicus Curiae STUDY SESSION 5:30 p.m., AQMD Room CC -8 1) Code Enforcement Report - Continued to August 3, 1999 2) Street Tree Policy 3) Millennium Celebration ADJOURNED STUDY SESSION: 6:30 p.m. 2. CALL TO ORDER: Mayor Chang called the meeting to order at 6:47 p.m., in the Auditorium of the South Coast Air Quality Management District, 21865 E. Copley Dr., Diamond Bar, California. PLEDGE OF ALLEGIANCE: Dexter MacBride INVOCATION: Rex Wolins, Assoc. Pastor, Diamond Canyon Christian Church ROLL CALL: Council Members Herrera, Huff, Mayor Pro Tem O'Connor, Mayor Chang. C/Ansari arrived at 7:10 p.m. Also present were: Terrence L. Belanger, City Manager; Mike Jenkins, City Attorney; James DeStefano, Deputy City Manager; Bob Rose, Community Services Director; Linda Magnuson, Finance Director and Lynda Burgess, City Clerk. APPROVAL OF AGENDA: Mayor 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Presentation by Yolanda Ruiz requesting City Council adoption of a Resolution recommending denial of parole to convicted murderer, Danny Saul Rosales. 3.2 Presented City Tile to Assemblyman Pacheco 3.3 Presented Certificates of Recognition to the Lanterman Task Force Members (original 25) (MPT/O'Connor recused herself from these presentations). BUSINESS OF THE MONTH: 3.4 Presented City Tile to Matt Tachdjian, owner of Diamond Bar Honda, on the occasion of its 5th Anniversarv. JULY 20, 1999 PAGE 2 4. PUBLIC COMMENTS: Clyde Hennessee re utility bills. Suggested that City contact the PUC to complain about new billing practices. Pointed out that trees that previously existed in D.B. were removed by the residents because they were having to clean up after them. Sue Sisk - July 22, 7 p.m., Room CC3-5, AQMD, will be an Advisory Committee Meeting. Approval of contract for litter and weed abatement with Lanterman. Martha Bruske - Asked for a list of the Advisory Committee members as well as an indication of the level of the City's financial support. 5. SCHEDULE OF FUTURE EVENTS: 5.1 CONCERTS IN THE PARK - "ALTURAS" (Latin Jazz) - July 21, 1999 - 6:30 - 8:00 p.m., Sycamore Canyon Park, 22930 Golden Spgs. Dr. 5.2 PARKS & RECREATION COMMISSION - July 22, 1999 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.3 TOWN HALL MEETING - (Solid Waste) - July 24, 1999 - 9:00 - 11:00 a.m., Heritage Park Community Center, 2900 S. Brea Canyon Rd. 5.4 HOUSEHOLD HAZARDOUS WASTE ROUNDUP - July 24, 1999 - 9:00 a.m. - 3:00 p.m., Gateway Corporate Center, 1300 Bridgegate Dr. 5.5 SUMMER CLEANUP (Bulky Items) - July 24, 1999 - 6:30 a.m. - 4:00 p.m., Curbside Pickup 5.6 PLANNING COMMISSION - July 27, 1999 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.7 CONCERTS IN THE PARK - "ORANGE COLORED SKY" (Top Rock) - July 28, 1999 - 6:30 - 8:00 p.m., Sycamore Canyon Park, 22930 Golden Spgs. Dr. 5.8 TOWN HALL MEETING - August 3, 1999 - 4:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.9 CITY COUNCIL MEETING- August 3, 1999 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.10 D.B. Night at Quakes - August 25, 1999, 7 p.m., $10/person. JULY 20, 1999 PAGE 3 6. CONSENT CALENDAR: C/Herrera, seconded by C/Ansari to approve the Consent Calendar (MPT/O'Connor recused herself from approval of various items on the Warrant Register.) Motion carried 5-0 by Roll Call vote. 6.1. APPROVED MINUTES: 6.1.1 Study Session of July 6, 1999 - As submitted. 6.1.2 Regular Meeting of July 6, 1999 - As amended. 6.2 RECEIVED & FILED PLANNING COMMISSION MINUTES - Regular Meeting of June 8, 1999. 6.3 RECEIVED & FILED TRAFFIC & TRANSPORTATION COMMISSION MINUTES - Regular Meeting of June 10. 6.4 APPROVED VOUCHER REGISTER - dated July 20, 1999 in the amount of $306,159.13. (MPT/O'Connor recused herself from voting for approval of Invoice #101049 in the amount of $130; 101051 in the amount of $4,761.02 and Wells Fargo Bank Credit Card Charges in the amount of $1,111.22 as a result of the Lanterman Forensic Expansion Proposal). 6.5 APPROVED BOND RELEASES/REDUCTIONS: 6.5.1 EXONERATION OF CASH DEPOSIT IN LIEU OF GRADING BOND (FAITHFUL PERFORMANCE, LABOR & MATERIAL) FOR LOTS 13,14,15,16 TRACT 30093, (2112/2122/2132/2142 INDIAN CREEK RD.)IN DIAMOND BAR - in the amount of $35,100 posted with the City on April 17, 1995 and directed the City Clerk to notify the Principal and Surety of this action. 6.5.2 REDUCTION OF GRADING PERMIT BOND (FAITHFUL PERFORMANCE, LABOR & MATERIAL) FROM 170,000 TO $54,400 FOR TRACT 45268 - from $170,000 to $54,400 for Tract No. 45268 and directed the City Clerk to notify the Owner and Surety of this action. 6.5.3 REDUCTION OF GRADING PERMIT BOND (FAITHFUL PERFORMANCE, LABOR & MATERIAL) FROM $1,260,000 TO $415,800 AND EXONERATION OF FAITHFUL PERFORMANCE BOND IN THE AMOUNT OF $33,000 FOR CORRECTIVE GEOLOGIC IMPROVEMENTS FOR TRACT 43760 IN DIAMOND BAR 11 from $1,260,000 to $415,800 for Tract No. 43760 posted with the County on August 29, 1985 and exonerate Faithful Performance Bond for Corrective Geologic Improvements in the amount of $33,000 for Tract No. 43760 posted with the County May 7, 1986 and direct the City Clerk to notify the Owner and Surety of this action. JULY 20, 1999 PAGE 4 6.5.4 EXONERATION OF GRADING PERMIT BOND (FAITHFUL PERFORMANCE, LABOR & MATERIAL) IN THE AMOUNT OF $35,427 AND REDUCTION OF FAITHFUL PERFORMANCE BOND FOR INSTALLATION OF THE PARK SEWER LINE AND CONNECTION IMPROVEMENTS/PARKWAYK ENTRY SIGN FROM $20,000 TO $15,000 FOR TRACT 44824 IN DIAMOND BAR - in the amount of $35,427 and reduction of Faithful Performance Bond for installation of park sewer line and connection improvements/parkway entry sign from $20,000 to $15,000 for Tract No. 44824 and direct the City Clerk to notify the Owner and Surety of this action. 6.6 ADOPTED RESOLUTION NO. 99-60: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE INSTALLATION OF MULTI -WAY STOP SIGNS AT THE INTERSECTION OF LONGVIEW DRIVE AND THUNDER TRAIL - approving installation of multi -way stop signs at the intersection of Longview Dr. and Thunder Trail. 6.7 A) APPROVED PURCHASE ORDER TO PROCURE TRAFFIC SIGNAL POLES FOR THE INTERSECTIONS OF BREA CANYON RD./SILVER BULLET DR., LEMON AVE./LYCOMING ST., GOLDEN SPRINGS DR./RAPIDVIEW DR. AND DIAMOND BAR BLVD./SR 57 ON-RAMP - to be issued to Lingo Industrial Electric in an amount not to exceed $32,386.24 with the possibility of adding a change order to remove D.B. Blvd./SR57 poles if staff cannot come to agreement with CalTrans. B) ADOPTED RESOLUTION NO. 99-61: 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 RD./SILVER BULLET DR., LEMON AVE./LYCOMING ST., GOLDEN SPRINGS DR./RAPIDVIEW DR. AND DIAMOND BAR BLVD./SR 57 ON-RAMP IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS - approving Plans and Specifications for the Traffic Signal Improvement Project at the Intersections of Brea Canyon Rd./Silver Bullet Dr., Lemon Ave./Lycoming St., Golden Springs Dr./ Rapidview Dr. and Diamond Bar Blvd./SR 57 On -Ramp and directing the City Clerk to advertise to receive bids with a change in the Plans and Specifications to make the signals at D.B. Blvd./SR57 as an alternative bid item. 6.7 APPROVED UPGRADE OF ELECTRONIC DOCUMENT MANAGEMENT SOFTWARE FOR INPUT, RETRIEVAL AND STORAGE OF VITAL RECORDS - Fortis by File Magic, Fortis Power Web Server, Fortis Office, software support, installation and training from Document Imaging Service Corp. (DISC) of JULY 20, 1999 PAGE 5 San Diego in an amount not to exceed $46,230. Funds are currently available in the FY 1999-2000 budget approved by the City Council on June 15, 1999. 6.9 CONTRACTS FOR GOLDEN SPRINGS DRIVE REHABILITATION PROJECT FROM GRAND AVENUE TO TORITO LANE A) AWARDED CONSTRUCTION CONTRACT - to Excel Paving Co. for the Golden Springs Drive Street Rehabilitation Project in an amount not to exceed $742,593 and authorize a contingency amount of $75,000 for project change orders to be approved by the City Manager, for a total authorization of $817,593. B) AWARDED INSPECTION SERVICES CONTRACT - to Hall & Foreman, Inc. for the Golden Springs Dr. Street Rehabilitation Project, in an amount not to exceed $48,000 and provide a contingency amount of $5,000 for contract amendment(s) to be approved by the City Manager, for a total authorization amount of $53,000. 6.10 A) AWARDED CONSTRUCTION CONTRACT FOR AREA I SLURRY SEAL OVERLAY - to Asphalt Maintenance Co. of California for the Area 1 Slurry Seal Project in an amount not to exceed $535,603.53 and authorize a contingency amount $25,000 for project change orders to be approved by the City Manager, for a total authorization of $560,603.53. B) AWARDED CONSTRUCTION CONTRACT FOR AREA 1 SLURRY SEAL - ARAM OVERLAY PROJECT - to Manhole Adjusting for the Area 1 Slurry Seal - ARAM Overlay Project in an amount not to exceed $105,676.96 and authorize a contingency amount of $4,000 for project change orders to be approved by the City Manager, for a total authorization of $109,676.96. C) AWARDED CONTRACT FOR AREA 1 SLURRY SEAL - CONSTRUCTION ADMINISTRATION AND INSPECTION SERVICES - to GFB-Friedrich & Assoc., Inc. for the Area 1 Slurry Seal Project and the Area 1 Slurry Seal - Asphalt Rubber and Aggregate Membrane (ARAM) Overlay Project in an amount not to exceed $34,807 and authorize a contingency amount of $3,000 for contract amendments to be approved by the City Manager, for a total authorization of $37,807. 6.11 ADOPTED RESOLUTION NO. 99-62: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, RECOMMENDING THAT PAROLE BE DENIED TO CONVICTED MURDERER, DANNY SAUL ROSALES. JULY 20, 1999 PAGE 6 6.12 ADOPTED RESOLUTION NO. 99-63: 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 - rejected all bids, and adopted Resolution No. 99-63 approving Specifications for the Traffic Signal Improvement Project at the Intersections of Brea Canyon Rd./Diamond Crest Ln., Brea Canyon Rd./Glenbrook Dr., and Brea Canyon Rd./Golden Spgs. Dr. in said City and Authorizing and Directing the City Clerk to advertise to receive bids. 7. PUBLIC HEARINGS: None 8. OLD BUSINESS: 8.1 PROPOSED AMENDMENT TO WILDLIFE CORRIDOR CONSERVATION AUTHORITY JOINT EXERCISE OF POWERS AGREEMENT TO PERMIT THE COUNTY OF LOS ANGELES TO BECOME A PARTY TO THE JOINT POWERS AGREEMENT - The County has made a request to become a party to the Wildlife Corridor Conservation Authority Joint Exercise of Powers Agreement (WCCA). The County is the governing body of the greater majority of the territory within the corridor, as delineated by WCCA. Further, the County is the single largest source of funding available to WCCA for conservation activities. The City representative (Mayor Pro Tem O'Connor) to the WCCA Board of Directors and the alternate City representative (Councilman Huff) both recommend the proposed agreement amendment. Clyde Hennessee - Moved by Herrera, seconded by MPT/O'Connor to approve the amendment to the Wildlife Corridor Conservation Authority Joint Exercise of Powers Agreement to permit the County to become a party to the joint powers agreement. It is further recommended that the Mayor be authorized and directed to execute the proposed amendment to the joint powers agreement. Motion carried 5-0 by Roll Call vote. 9. NEW BUSINESS: 9.1 ORDINANCE NO. 0X(1999): AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING CHAPTER 18.108 OF TITLE 18 OF THE DIAMOND BAR MUNICIPAL CODE ADOPTING AMENDMENTS TO UPDATE THE MINIMUM NATIONAL FLOOD INSURANCE PROGRAM REQUIREMENTS FOR FLOODPLAIN MANAGEMENT - Congress passed the National Flood Insurance Act of 1968 establishing the National JULY 20, 1999 PAGE 7 Flood Insurance Program (NFIP) to enable property owners to purchase insurance protection against losses from flooding. Community participation in the NFIP is based on an agreement with the Federal Emergency Management Agency (FEMA) that the community will implement and enforce measures to reduce future flood risks to new construction in flood -prone areas. By doing this, the community would be provided with available flood insurance as financial protection against losses in the special flood zone areas. There are two areas so noted in D.B. The City's current floodplain management regulations are contained in Chapter 18.108 of the Municipal Code adopted by Ordinance No. 30 (1989) . The City became a participant in the NFIP via adoption of Resolution No. 91-51 and subsequent approval by FEMA on July 31, 1991. Community Assistance Visits (CAV) are also a part of the program for periodic contact and to assure compliance with current NFIP regulations. To date, the City has had two CAVs, with the last one conducted on October 26, 1998. The proposed amendments implement changes necessary for the City's compliance with the minimum requirements and restrictions per the CAB and the FEMA Model Ordinance. M/Chang declared the Public Hearing open. Dr. Lawrence Rhodes - Pointed out an area that slid in 1910 and mentioned the area was still unstable. Would like this checked out. There being no further testimony offered, M/Chang closed the Public Hearing. Moved by C/Ansari, seconded by C/Herrera to approve first reading by title only, waive full reading and introduce Ordinance No. 0X(1999) amending Chapter 18.108 of Title 18 of the Diamond Bar Municipal Code to update the minimum National Flood Insurance Program requirements for Floodplain Management. Motion carried 5-0 by Roll Call vote. 9.2 LEGISLATIVE SUB -COMMITTEE RECOMMENDATIONS: A) SB 1190 (Solis) - OPPOSE - An Act to amend Section 33334.4 of the Health and Safety Code, relating to redevelopment. The Community Redevelopment Law (CRL) authorizes the establishment of redevelopment agencies in communities to address the effects of blight, as defined, in areas of those communities known as project areas. The existing law declares that redevelopment agencies must set aside 200 of their annual property tax increment JULY 20, 1999 PAGE 8 revenues in a Low and Moderate Housing Fund (L&M Fund) to increase, improve, and preserve affordable housing. L&M Funds can be used to buy land, build onsite or offsite improvements, building structures, buy buildings, rehabilitate buildings, subsidize housing, pay bonds or other indebtedness, maintain mobile homes, preserve subsidized units, replace destroyed housing units, and other related uses. This bill would require that a specified proportion of monies in the agency's L&M Fund be expended over the duration of a 5 -year implementation plan to assist housing for persons of low and very low income. The bill stipulates a time period for which the money must be spent, rather than stating that the money is to be expended over the duration of the redevelopment plan. This bill also states that if an agency does not adopt a housing element or revise its housing element in accordance with Section 65588 of the Government Code or if the jurisdiction's housing element has not been found in compliance by the department pursuant to the Government Code, the agency shall expend at least 75% of the money in the L&M Fund to assist housing for persons of low and very low incomes. Martha Bruske - Moved by C/Herrera, seconded by C/Ansari to direct the Mayor to send a letter opposing the adoption of AB1190. Motion carried 5-0 by Roll Call vote. B) AB18 - (Villaraigosa) - SUPPORT - An act to add Chapter 1.192 to Division 5 of the Public Resources Code, relating to financing a program for the acquisition, development, improvement, rehabilitation, restoration, enhancement, and protection of park, recreational, cultural, historical, fish and wildlife, lake, riparian, reservoir, and coastal resources, by provided the funds necessary therefore through the issuance and sale of bonds of the State of California and by providing for the handling and disposition of those funds, and declaring the urgency thereof, to take effect immediately. Specifically, this bill creates the Villaraigosa-Keeley Urban Parks, Clean Water and Coastal Protection Bond Act of 2000. The legislation proposes a $1.5 billion 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 program for the acquisition, development, improvement, rehabilitation, restoration, enhancement, and protection of park, recreational, cultural, historical, fish and JULY 20, 1999 PAGE 9 wildlife, and coastal resources. Dr. Rhodes - suggested that Council send letter supporting placement of the measure on the ballot. Moved by C/Huff, seconded by MPT/O'Connor, to table the motion. Motion carried 3-2 (C/Ansari and C/Herrera voted no) by Roll Call vote. C) AB1383 - (Thompson) - SUPPORT - An act to amend Section 164.56 of the Streets and Highways Code, relating to highways, and declaring the urgency thereof to take effect immediately. Existing law establishes the Environmental Enhancement and Mitigation Demonstration Program Fund (EEMDA) in the State Highway Account, states legislative intent to allocate $10 million for 10 years beginning in 1991, and establishes procedures under which the Resources Agency evaluates proposals for funding and makes recommendations for funding out of the fund. The EEMDA is utilized to make grants to local, state and federal agencies and nonprofit entities that undertake projects to mitigate the adverse environmental effects of existing and future transportation facilities. This bill would delete the 10 year limitation of the existing law and, instead, would specify that it is the intent of the Legislature to allocate $10 million annually to the fund which would be renamed the Environmental Enhancement and Mitigation Program Fund. This bill would also require the Department of Transportation to extend the completion date to June 30, 2002, for specified Environmental Enhancement and Mitigation Projects. Specifically this bill would extend the completion date for the City's Tree Planting Project, which would allow the City to plant 1,100 more trees. Martha Bruske - Locate trees as close to freeway as possible in order to provide a sound barrier. Would like street trees to buffer street noise. Moved by C/Ansari, seconded by C/Herrera to direct the Mayor to send a letter of support of AB 1383. Motion carried 5-0 by Roll Call vote. D) RESOLUTION NO. 99-64: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR PROPOSING THE CHANGE IN STATE OF CALIFORNIA STATUTES AND CODES TO REQUIRE THAT ALL CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUIRED ENVIRONMENTAL DOCUMENTS AND REPORTS, WHICH MAKE DETERMINATIONS AND DECLARATIONS, SHALL BE REQUIRED TO HAVE A PUBLIC HEARING, WITH NOTICE PUBLISHED, POSTED AND MAILED - Shall all projects and programs subject to the requirements of CEQA be required to conduct public JULY 20, 1999 PAGE 10 hearings and give public notice (published, posted and mailed) for all environmental impact declaration and determination reports. Dr. Rhodes - Supported complete, total and honest information from the State on all projects. Sue Sisk - Is this talking about more than environmental impacts or other impacts? Moved by C/Herrera, seconded by c/Ansari to adopt Resolution No. 99-64 proposing the change in State Statutes and Codes to require all California Environmental Quality Act required environmental documents and reports, which make determinations and declarations, be required to have a public hearing, with notice published, posted and mailed. Further, to send the Resolution to the League of California Cities' Policy Committee to submission at the League Conference in October in San Jose. Directed staff to send copies of Resolution to every City in the State. Motion carried 5- 0 by Roll Call vote. RECESS TO REDEVELOPMENT AGENCY 9:20 p.m. 1. CALL TO ORDER: Chairman Ansari ROLL CALL: Agency Members Chang, Herrera, O'Connor, VC/Huff, C/Ansari Also present were: Terrence L. Belanger, Executive Direcctcr; Mike Jenkins, Agency Attorney; James DeStefano, Deputy City Manager; Bob Rose, Community Services Director; Linda Magnuson, Finance Director and Lynda Burgess, Agency Secretary. 2. PUBLIC COMMENTS: 3. CONSENT CALENDAR: Moved by , seconded by to approve the Consent Calendar. Motion carried 5-0 by Roll Call vote. 3.1 APPROVED MINUTES - Regular Meeting of July 6, 1999 - As submitted. 3.2 APPROVED VOUCHER REGISTER - dated July 20, 1999 in the amount of $5,654.52. 4. PUBLIC HEARINGS: None 5. OLD BUSINESS: None JULY 20, 1999 PAGE 11 6. NEW BUSINESS: None 7. AGENCY MEMBER COMMENTS: 8. ADJOURN REDEVELOPMENT AGENCY: 9:23 p.m. RECONVENE CITY COUNCIL MEETING: 9:23 p.m. 9. COUNCIL SUB -COMMITTEE REPORTS: 10. COUNCIL MEMBER COMMENTS: 11. ADJOURNMENT: In memory of Siddiqui Tarekh and former Congressman George Brown at 10 p.m. �s30 CITY COUNCIL REPORT MEETING DATE: July 20, 1999 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Study Session Agenda Item #3 - Proposed Millennium Celebration Issue Statement Study the possibility of conducting a New Years Event in Diamond Bar at the intersection of Diamond Bar Blvd. and Grand Avenue. Recommendation Direct staff to either: a) Proceed with planning the Millennium Celebration and agendize the financial recommendation for the August 3 City Council Meeting, or b) Cease planning the Millennium Celebration Financial Summary Staff has begun investigating the cost to conduct this event. Attachment A shows a very preliminary budget that estimates costs totaling a minimum of $66,355 and up (way up!). What's more, these funds are needed now. Full fees are being demanded by many of the vendors up front with no -refund clauses should the event be cancelled. Also, supplies and materials related to a New Year's party are projected to be in short supply. Bands, stages, generators, sound systems and other related services are already being booked at premium fees. These are some of the more costly services that will require guaranteed full payment, even if the event is cancelled. To give an idea of the costs at risk for these services, they range from a low of $9,000 to a high of about $21,000. Items such as homs and noisemakers considered by some to be necessary for such an event will need to be purchased now, if they are going to be provided. Background Although the new millennium does not officially start until the year 2001, New Years Eve this year is being touted as the end of the current millennium throughout the United States. Parties and celebrations are being offered everywhere and people are seeking ways to be a part of this once-in-a-lifetime event. Because of inflated costs imposed by traditional celebration destinations and concern over potential Y2K complications, many people are seeking close -to -home opportunities at which to celebrate the start of the new millennium. Staff has made some preliminary inquires about the possibility of the City hosting a New Year event, and so far the response has been positive. Community members on the City Birthday Celebration committee have offered to plan and operate the event and businesses in the area being studied as the potential site for the event are intrigued. However, in order for this event to become a reality, two essential components have to come together immediately: Financial Support (Refer to Financial Summary) Logistical and Technical Planning Logistical and Technical Planning Fireworks are considered essential by many for this type of event. However, it will not be known until August whether fireworks can be provided in Diamond Bar. A pyrotechnic expert has been contacted and will be in Diamond Bar to appraise the possibilities. With an event at a major intersection, it will be necessary to re-route the traffic for the entire period it takes to set-up, conduct the event, takedown and clean up. The intersection will be closed a minimum of 12 hours to maybe up to 18 hours. It will take a tremendous, coordinated efforts at a great deal of expense at a time when most people are off work, to pull this together. Staff believes that not only can this event be conducted, it can be one of the most talked about events in the history of Diamond Bar. However, for this to happen it will require a total and early commitment from the City Council. Arguments In Favor of this Event ♦ The Celebration of the new millennium is a once-in-a-lifetime event. This opportunity will never come our way again ♦ Traditional New Years celebration destinations are more expensive this year due to packaging at higher cost, and the general public is wary of paying for services they don't want nor need, especially when offered at inflated prices (see L.A. Times article, Appendix B). ♦ Local employers are asking employees to be available for a fast response if Y2K concerns become a reality. (Appendix B) ♦ Many people are seeking close -to -home celebrations for a variety of reasons. (See Appendix B). ♦ There may be a shortage of local celebrations for Diamond Bar residents due to the early sellout of events planned for the limited number of facilities in and around Diamond Bar. Arguments Against this Event ♦ It is very expensive for a one-day.event ♦ Potential for public criticism of the City in general and the City Council specifically ♦ Possibility of event becoming a campaign issue ♦ It will place a time constraint on staff that may temporarily affect other responsibilities ♦ There is considerable financial risk due to the need to pre -pay vendors for some services ♦ Weather for the event is unpredictable ♦ Some elements considered essential for the event may be in short supply or vendors may take advantage of an environment that allows them to provide "services to the highest bidder' and lead them to break signed and pre -paid contracts ♦ It is very expensive for a one -day event Possible Funding Source The City of Santa Clarita is seeking $400,000 in Prop A funds and seems willing to pay about $0.71/dollar. $100,000 in General Fund dollars would cost $141,000 in Prop A funds. The Reserve Balance for Prop A funds is over $1.4 million dollars. Prepared by: Bob Rose, Community Services Director Attachment A - Preliminary Budget Attachment B - L.A. Times article from 7116199 Proposed Millennium Celebration -Very Preliminary Budget - Fireworks $1,250 per minute/ 10 to 15 minutes recommended Giant Set Piece/Happy New Year Message/2000 Year Bands $2,000 per band/ one to four bands Sound System $2,000 per system / one to four systems Stage(s)/four @ $1,000 Canopies/5 @ $350 Propane Heaters/four to 12 @ $90 Tables Chairs Barricades/Traffic Control Sheriff's Deputies/Reserves - Deputies $5,500/Reserves $2,000 Carnival Rides/Kiddie Area Lighting Booth rentals/Food Serving and Eating Areas Generators* w/ electrical technician Sink Rentals Special Event Insurance Staff for Parking Control/Security/Set-up/Take-down/Clean-up Marketing Efforts Portable kestrooms with hand washing sink & lights/$85ea X 16ea Sub -Total Estimate Attachment A $12,500 to $18,750 unknown at this time $2,000 to $8,000 $2,000 to 58,000 $4,000 $1,750 $1,080 $750 $825 $2,000 $7,500 $8,000 $850 $4,000 $2,700 $1,000 $1,.000 $8,000 $5,000 $1,400 $66,355 to $84,605 Contingency/10% to 20% (additional $6,636 to 16,921) Sub -Total $72,991 to $101,526 New Years Inflation Rate/30%(additional $21,897 to $30,458) Sub/Total $94,888 to $131,984 * One generator rental company is demanding a monthly rental charge of $450 per generator to guarantee that the generator will be available for New Years Eve. With 5 months remaining before the event, it could cost as much as $2,250 to rent one generator for one night's use. Staff estimates that we will need five generators, which if rented from this vendor would cost $11,250. The normal cost for five generators for one day's use is $790. This is an example of how price gouging could occur with this event. 1 1105 Aug" grDAY JULY 16, 1999 cc High Prices Putting a. Cork in L.A.'s New Year Travel Plans ■ Tourism: Room and tour costs for the &%lgeover, plus Y2K frars, will keep many locals from going far. By STEPHEN GREGORY SPECIAL TO THE TIMES Despite expectations that travel over this New Year's holiday could hit national and even global highs, many Southern Californians are opting to stay close to home for the dawn of 2000, travel industry observers say, largely because of perceived price gouging by hotels and tour operators looking to cash in on the fervor surrounding the much -ballyhooed changeover. Fears over possible computer prob- lems arising from the rollover to 2000 could also be tempering New Year's wanderlust, because a number of com- panies are requiring many of their employees to report in or stay on call to respond to possible glitches and break- downs over the holiday weekend. Yet despite Y2K computer concerns, domestic travel this New Year's is still expected to top last year's record of roughly 45.2 million vacationers: A healthy economy, coupled with the sense of history surrounding the holi- day, should be enough to push this year's levels to new highs, said Dexter Koehl of the Travel Industry Assn. of Please see TRAVEL, C5 Attachment B TRAVEL: Many Locals Won't Be Going Far for New Year's ''Los Angeles is not the destina- Continued from C1 tion for the millennium traveler America, a Washington -based re- that New York would be, obvi- search and lobby group. ously, ' said Greg Velasquez, reser- "The foundation is clearly there vations manager for the Four Sea - for a record no matter how you look sons Hotel in Los Angeles. at it," Koehl said. Indeed, two of the three busiest But not necessarily for Los An- air carriers at Los Angeles Interna- tional Airport, United Airlines and geles. With less than six months to go before the new year, the region American Airlines, report that has failed to emerge as a hot spot reservations to fly into and out of for out-of-town revelers. the region over New Year's are no Nor is L.A. shaping up as a point higher now than they were in recent years at this time. South - of exodus for local ringers -in. That, however, is not automatically bad West Airlines, the airport's No. 2 news for local hotels, many of carrier, has not yet started taking which are reporting brisk reserva- reservations for the period. tions for New Year's from Southern "For the most part, it's business Californians who have decided to as use," United spokesman Joe usher in 2000 close to home. Hopkins said. Domestic locations Even with a constant drumbeat shaping up as hot spots for United of hype over the event, area travel include Florida, Las Vegas, Hawaii agents report widespread apathy ; and Phoenix. toward venturing forth during the Although United did not provide Dec. 31-Jan.1 holiday. exact figures, spokesman Matt "I think people are really scared Triaca said bookings for the New off by the prices," said Janet Szabo Year's period overall "are ahead of with West Hollywood -based Pas- last year" at this time. sages Travel, who has had inquir- American Airlines reported that ies but few bookings for the period. domestic bookings for the period Susan Dushane, an agent with were up 4% over last year, with Travel by Greta in Northridge, Florida largely driving the in - agrees: "For the most part, people crease. Reservation rates for Los are saying, 'Let's just stay home Angeles, however, were pretty this year.'" much in step with previous years at For some, it's not a choice. Bank this time, spokesman John Hot$rd of America, for example, has said. scheduled its entire technology and But if people aren't coning here, operations division, about one-third they aren't necessarily leaving : in of its 170,000 employees worldwide, droves either. to stay on call near their homes or High prices and refund restric- assigned workplaces over the pe- tions on tour packages, air fare and riod. "We want the year-end to be a cruises have rubbed many nonevent for our customers, and to would-be local travelers the wrong make it a nonevent requires a lot of way, said Ada Brown, owner -of ' work on our part," bank spokes- Seaside Travel in Long Beach. woman Sharon Tucker said. Although she has booked a nujm- Meanwhile, Southern California 500 ber of clients on cruises and Euro - over New Year's, Edison also plans to have technical and support employees at pean getaways Brown said she expected rese0a- work Dec. 31 and Jan. 1, utility tion rates to be stronger at this spokesman Steve Hansen said. point. High travel costs, she said, Normally, only a skeleton crew of appear to be the main culprit 84 comes in over New Year's. dampening demand. With sotne Edison employs nearly 14,000. cruise ship packages going for But those who can and want to 860,000 and Las Vegas hotel rooms fetching travel over the holiday are, to a up to $2,000 a night, large extent, opting for traditional Brown said, many clients "really vacation destinations. A survey of have been turned off by the rates." Stanley Malamed, a West Dills nearly 500 members of the Ameri- anesthesiologist, is among thim. can Society of Travel Agents (ASTA) ranked cruises as the No. 1 "Everything is just about three' to choice, followed by Las Vegas, the four times more expensive than it is Caribbean, Hawaii, Florida, New normally," said Malamed, who de - York and Europe. The nation's cided to stay home after checking second-largest city, on the other into a Caribbean cruise for him and hand, didn't even crack the list of his wife. "The rates are just incred- the most frequently booked desti- ibly outrageous." i l nations for the period.+�) In its June survey, ASTA fond 80% of the travel agents polled reported that prices for travijFyer New Year's are up more than But Brown believes some of those prices will start coming tlpwn in the next several weeks il an effort to spark more demand among tourists. "Come the end of summer, I think we'll see them offeringalore affordable rates," she said. In the meantime, it appears that many Southern Californians are planning to spend their mon on local hotels. In fact, local residents are expected to make up the On's share of the region's hotel bookings over the period, said Michael' Col- lins, who tracks the area's hospital- ity industry for the Los Angeles Convention & Visitors Bureaub't1Jc- cupancy is going to be high, b6it's going to be mostly local," he said. Booking rates are strong despite a raft of first-ever restrictioiff on reservations over the holiday: the Beverly Hills Hotel and$'lthe Peninsula, for instance, are requir- ing minimum stays of two nights and also are requesting full, ndiro- fundable payments up toiifive months in advance of New Yaw's Eve to ensure that 'guests remain committed to their reservations. Rooms at both hotels over "the period are running between' $W and $3,000 a night. The Regent Beverly Wilshiie in Beverly Hills is also asking aAWo- night minimum with a depool of 25% at the time of booking ite the restrictions, more than big of the hotel's 395 rooms already have been booked for the period, with eight out of 10 of those goiAi to guests living within a 90-miler ra- dius, said Bill Doak, the hotel's 'director of marketing. A few miles east, the Foul gea- sons Hotel receives about a eAll a day from locals asking about,,illew Year's availability and pricesv,,Ve- lasquez said. "I don't think we're going to have people from oei of town," he said. "[Loos Angeles] is not truly a destination for.111ew Year's Eve as far as we know.' [; Although some hotels, such as the Regent Beverly Wilshire,: are counting on strong contingents of foreign guests, overall interna#Gnal bookings to Los Angeles are Wug- gish, said Lars Borg, with, New York-based Travel Professi wds Inc., which makes domestic ttpvel arrangements for roughly 204000 foreign visitors a year. "As far as confirmed business for New Year's, it's a soft year at this point for4i.os Angeles." HY� �,` ,s CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO: Mayor Pro Tem O'Co;nnor and Councilmember Herrera FROM: Linda G. Magnuson;rtinance Director SUBJECT: Voucher Register, July 20, 1999 DATE: July 14, 1999 Attached is the Voucher Register dated July 20, 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 a�tached listing of vouchers dated JuIy 20_ 1999 have been reviewed, approv�d' and recommende� f�r payment' Payments are �ereby Allowed from the foIlowing funds in these amounts FUND DESCRIPT�ON PREPAID VOUCHERS TF) 001 GENERAL FUND 1�2,749.97 90,272.75 213,0Z2'72 112 pROP A - TR4NSTT F�ND .0� 66'278.33 66,278.33 115 INTEGPATED WASTE MG7 FUND 48.00 .00 48.00 125 COM DEV BLK G9ANT FUmD .�0 1,870.00 1,870.00 �26 CITIZENS OPT -PUBLIC SFTY .00 2,110.55 2,l10.55 138 LLAD #38 FUN� '0O S,3O6.45 3,306.45 141 LLAD #41 FUKD .00 9,888.27 9,88S'27 258 CAPITAL IMPROV/pROJ Fu�� ,�0 9,634.81 9,634.81 REPORT FOR �L� F�NDS 122,7�7.97 z83,361.16 �o�,z�v.:� ��nance Direc�or �e�m-ah H' n'C�nnor Mayor Pro Tem ...... . ..... .... ........... ............... . .... ------ Caro1 Herrera Ci�y �anager /� Co�nci�me��er ON C;PUBLICATI0-4 ORDER-FLNG 98.� 00�5210-42320— PU8LI[4TIO$ 0RDER'PLNG 54.49 TD7AL PKEPAIDS .0V TDT�L VOUC�EPS 241.44 TJTAL DUE Y[MDDR 241.44 CITY OF DIAMOND BAR RUN DATE: 07/14/1999 16:55:50 VOUCHER REGISTER PAGE' 1 DUE THRU, 0711'20/1'199 PREPAID FUN0/Sr'%T'ACC7'PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK ACCURATE LANDSCAPE "o-42 10-- P/U 0.272 A[0L MNTHLY MAlNT'DIST 38 540.08 1415541-4221O- P/O 2278 ADD- MNTWLY MAlNT'DIST 41 l55.26 1385538'4221O- P/O 8278 ADDL MNTHLY MAlNT'QlST 38 1.620.W} ;01531V-412OO'- �O17 1335 PAPER S�pPLS-PARKS 54..00 P/O 8278 4[�� ��HLY MAINT'�l3T 38 134,O7 1385538'422\O'' 14155*1 4221O-' p/O 827O ADDL �NTHLY MAlNT-DlST 4| 4OO.0O 0o1532B'422�O-' P/O O278 AUD- MNTnLY MAINT-SMMTRDG 136.4O 0O1�3�9^4221�`- P/O 8278 ADC� MmTHLY �AlNT-PETERSN 175.00 0O�53�Y'4 78 AD�L MNTHLY MAINT-PET��N 108.51 O0�5318'4221�- P/O 8278 ADDL �NTHLY WAlNT-PANTERA O015313'42��b' P/S B278 A�[� MNT�LY MAIN7'HRTG PK 0015313 �22�O ' p/O 8278 ADDL MNTHLY �AlNT'HRTG PK 22V.�2 ���� PREv.��5 .00 TOTAL VOUCHE9S 4,1 2- TOTAL DUE VEND-0-F,4.�62.3S �� I CASC ENGlNEE�ING 0015210-4425�'- 7Y2o 990352 PR DF SVCS WlR�LSS TELECOM 1Y4.86 TOr�� pp�FAI2S TOTAL VOUCHEK3 77,T�� Oi E vENDOR .00 194.8� 1Y4.86 0o��44O �2�25 4589��-061� CE;LU�f� P�S-B� 5l.37 �3T�L pREPAIDS .VV TOT�L YO�C�ERS 52.37 TDTAL :�E V��6R 52.37 OC1409h-42130' 8Y3� �84189R�ZP CI�Y PA�BS'JUNE'AUGUS� 468.7V 07/2O/1 9 3547� T0�, PRFPAIJS 466.7O T0�L VO��HER� .w) TOTk� DUE VE�D�R 70 0014V9O-4120O NAMEPLATES 26.53 TOT&L PREPAlDS .0O TOTAL VOUCHERS TOTAL DUE VENDOR 26.53 �ARINA ALILOVIC O0\-34760-- 3lD39 RECREATION REFUND 16\.O0 TOTAL PREPAlDS .00 TOT 161.00 TOT4L DUE VENDOR 161.O0 ON C;PUBLICATI0-4 ORDER-FLNG 98.� 00�5210-42320— PU8LI[4TIO$ 0RDER'PLNG 54.49 TD7AL PKEPAIDS .0V TDT�L VOUC�EPS 241.44 TJTAL DUE Y[MDDR 241.44 CiTI OF DIAMOND BAR RUN LATE: 0?ij4; j99Q 16:55:50 VOUCHER RE-51STER PA��: DUE THRi_ PREPA,. FUN /SECT-ArC-PRDiECT-ACC i PO i 7N Nw.. u i L �HECi'. AF EMP''LO MENT CERVICES i,- a }'_ r:•,- 9 c' Tom_ - ARM 1_44r-?4=1:-- 'T' _`IPs':_ F"` _._, _ �_.''_-:moi ,'JTZ_ _c�.�.;;__- ,•L-, ,,T pZ�- 2 910,ts: REP :� . E,L TRA, 1_ rriTnl O�CF•A Ij!C - - .l1( i TDTAL VOUCHER= jEj.6c T?T RENS BA01"t, A-7 ii__ 'j j^ REC�'EATION REFUND 45,t``;9 �r.EFH:1):. •k)f i!rHC; Tr- n 4c (,r, TOTAL DUE VENDOR 45, 0() .. ..:. .. ... �:.}.=. -- :,r:_ __. __','`_•_'�ij: Sj'.'i`. T� CON-R'- 324 .76 TOTAL P—PAiD= .Ot_ TDTA_ VOUCHEP= CITY OF DIAMOND, BAR Rt,h DATE: U,14i1?94 16:55:5: VOUCHER REGI5TEF PAGE: _ pii= THRU: 071210/19 =' FRtF'r.IP. FUND;SECT-ACCT-?ROJECT ACCT r"L , INVOICE Dc!;tiPIPTIONA AMOUNT PATE CHECk:. CAL-DnT Top IND 7Y. ,,,; , .STH- LI,_.- y ._�,. ICIO*•.'. TOTAL VOUCVER CHARLES ABBOTT ASSOCIATES INC ?713c 049-456,52,4 MAINT S'iCS-TR.R WTRNG JUPaE 2 ,ri��•-�� 0015-558-45510— �7R r;4=,,-456,`•.:_4 MAINT SVCS -WEED CNITRL JUN 4,151. 4-J.08 77?r U4'-456,56,4 MAIN SVCS -BUS SHLTR JUNE 500•00 11555::-455%-- UU TOTAL F'REF'AIDS TOTAL VOUCHERS ,140.2E - TOTAL DUE rEt;i1Ur; i40.2' 7 - RECF:EA-I ; RE"rUP�I i F _4 _ v, L'YI� �It_ e _ _ _ _ .00 ._-.._ _.. _. ,IF!,e—Ili., i.. -7Z- 1. e47 71017 • r.r qA= 4L CITY OF DIAMOND BAR RUN DATE: 07/14/1999 16.'55:50 VOUCHER REGISTER PAGE: 4 DUE THRU' O7r�/19,�Q PREPAID FUND/SECT-ACCT-PROJECT-ACCT pO# INVOICE DESCRIPTION AMOUNT DATE CHECK EamE6T COmREA 001'23002'' 493O0 REFUND SCRTY DEP-HERITAGE 56, NO TOTAL PREPA18S .0V TOTAL VDUCHERS 50.00 TOTAL DUE VENDOR 50.00 CPRS 0015J1V-423�5'- 8735 M[MRSHP DUES'D HENSLEv 12o.0O ' 7OTAL PREP�lDS .U0 TOr�L VOUC�ERE 12O.0C TOTAL DU�l20.(* �&J ENGINEERING 0V1522O 45201 7�77 99DB �7 BLDG&5FTY SVCS'6/16 6/30 17.459.19 TOTAL PS 00 TOTAL VOUCH[RS 17,459.19 TOTAL DUE VENDOR 17,459.1p DAY & NITE COP/ CENTER 0015210-42110- 8823 �08^ PRmTNG SVCS-008RCTN FORMS' 227.33 1125553-�552�- 8869 PRNTNG SVCS'J/R I.D CIRDG( 82,27 O015350-��05-- 8883 272o0 PR! TNG SVCS'CUNCRTS PROGR 56.29 _7AL PREPAlD5 TDTAL VOU�PEpS .o0 365,89 TSTAL DUE VEND0R 365.8v ��'i-3473�- 32059 RECR��T'ON REFUN- 7Dr4� ��EpAlDS T[�AL �OUCHE�S ,O0 \OV.�V rO�AL DUE YEuDO9 1OO.VO ���535C'45��' S733 ��2�� P�OF.SYCS'BAMNER IN5TLL 3Y�.VV rOTDUF CE�A C�R F�7 ��,21104— JUN� JUNE'OEmTAL PREMI�� ��.07 07/2�/1�� 3543V O7/20/1�� 35462 �OT�L PREp4l�� T���� -Z;!T-- ULY DE—Tn. PREn��6 �.�7.97 O7��/L�� 354�1 �� TOTAL VOUCHERS .00 01 kL DUE VENOOR 1`497.97 CITY OF DIAMOND BAR RUN DATE: 071114119119 1E.:55:50 VOUCHER REGISTER PAGE: 5 DUE 1 PFEPA I _ UL -';A Uri,ctt i_!r^T_PhO � Ir:elcE ESI�TFTiDIt AMOUNT rAE C Ec. CAROL DENNIS �1 -44:0+.-- -- PRF.._i4! =� PROF.S"i -CC TiF,P&P. MTG TiTh._ Ph EF'A l'"; TL: ,r,L ii:,a EaaOr, Tr, 1 1_ . -71 ;A. .�I-i^, :.. �..._ _LII' „LT` �r! - OCT-LiEI Eli 5(s TM 7n� PREFAI�'.0 , 7 E PIF; _- 4. TOT DUE Yiii 4 j.�j'iL T IS u� <_' iiIAMCA FUEL - COMM, ... ;rcJ - -- TOTAL PR[FL'`iy -�Ur^F`�IE=: 4.f: C '.LE-`D NAINT e'.47 i4%rt U+J- :__. ML T IEL - ' i_... MEP-7 EN GOVT-M ETINGS _=.1_, nE:N cr! 17-FLL r,(1:-R1r'If Mr=TIk;" it%.4Q Oct ± `gi7-41''00-- GEN GOVT031�-SUPP' IES 4.79 _' C-421 1 PUP. WK;-PRINTING TOTAL PREPAIDS ()0 TOTAL VOUCHERS 98.30 TOTAL DUE VENDOR 9�8.3o _ IAM,0Ni! P N 0 T r - Trl T1C! ICE SVf C* 16 18. 4i T,`TAL F.REF:AIVE; .DO TOTAL VOUCH--Re 1.J 4', .4� „ k'�itl `; T 01 DUE {8.42 D1 .'NA w� F_. -=. rCi A.TC_ rD H JuNE i _�•:.' . TOTAL ?I'S •00 T .T. +`� CHE 7v vC CITY OFDIAMOND BAP RLIN DATE: 07/14/19..� 16:55-50 VOUCHER REG STER PAGE: � DUE THRJ' 07/20/1»Y9 P�PA� FUN0/�CT-��T PRGJECT'ACCT PD # INVOICE DBCRlPTlr� AMCUNT DATE CHECK DlSCDJNT AUDlO INC N}15350'4625v'' 8r5o 68243 POR�A8L� S8UND SYSTE� 3.367.0 TDTAL PREPAIDS TOTAL VOUCHER� TOTAL DUE V�0OR 3.367.66 DIVERSlF'ED PARATRANSIT l%C �L25553'�5529' 7u7� �/9/99 DlAMON� RlDE 5/z6'5/31 1\,V96.2� 1125553 4552v DIAMOND5 11.832.7� TDTAL PRE4-AI35 TD��� »O�C�EnS 22.92Y.0� TrT�� DUE VENDO� 22`929.V1 �OE DOLAN 001'3478�'' 3234� RECREATlDN REFUHD 5�.V0 TOT4L PREPAI3S .VO TOTAL 5O.0O TO�AL DUE VENDOR 5O,V0 PETE 8URAN 12-t-441142340- REIMB TRNG-COM POLICING 217.28 TOTAL FREPAlDS .V0 TOTAL VOUCHERS 217.28 'DIAL DUE VENDOR 217.28 r�DERAL EXPRESS 0V�'2301V- 766413952 EXPRESS MAIL-FPL 98'051 102.75 O0|-23O1O-- 7664\3952 E�PRESS MAIL-�� 92-OO1 22.75 Oo\ 2SV1O' 7EXPRESS MAlL'FPL 99'0\4 12.75 0O140Y� 4212V 766«13952 E:PRESS �AlL ' GENERAL 92.75 76641395- 6�PRESS MAIL'FPL 99 0V9 12.75 O0� 23O1A 7�o413y52 EYPR�SS FPL 99-002 l2.75 TDTAL PREPAl�� .00 TCTA� YUuChERS 256,5O TOTA� JUL YENDUR 25�.5[' =�D�9�L RESERvE 8ANK OF nlN:�Ap���S CTTONS SVGS PN- 50.00 07/2V/\YY9 35459 QT�L D- -L. 5O,0O TDTk^ VCUCH[RS .00 TOT�^ D�E »EwDO� 5O.00 FITI- TER (`x�52�0-42�0 ' �30�252ho M�lmT'�GJE ENr VEH 1�.25 h��531�'4220O— �8951 ROUTINE HAI�T'ClT; VE�C. 24°.46 TOTA^ TOTA� ;JuCH�� ��.71 TDTAL DUE VEN2O� ��.71 P[N C� O�l��3o-41I�V-- OFSUpF;LIES'C MGR 1ul.00 TOTAL FKEPAlDS .VO TOTA- VOUCHERS TO7AL DUE YEN�OR 16.V0 CITY OF DIAMOND BAR RUN DATE: 0/14/1909 16-55:50 VOUCHER RE31STER PAGEI 7 lin THRU. 07/2_,)/1�� PREPA0 FUND/��T'ACCT PR�jB3'ACC PG # l��lCE DESCR��lC� AMOUNT DATE CHECK BIu �ANI�R, 1264411'42340— �I���-C���CINS ��� ' TOTAL PREPAIDS .00 T������ 243.� TOT -N DUE VENDC" 24 S.27 FOOTHILL TRANSIT ZD- �1-i53-45533-- 8848 9827 CITY SUBSIDYJNE 1.192.25 �i25553'45535- 8848 9827 FTHLL TRANSIT PASSE'JUNE 5`350.40 TOTAL PREP AlDS .00 TOTAL VOUCHERS 6,542.65 TOTAL DUE VENDOR 6.542.65 OLIVIA FU[NT[S No -34780--32316 R�EATIOw REFUND 160.00 TOTAL PREPAID5 .VV TOTAL VOUCHERS �60.VV TOTAL DUE V�0OR 16V.VV GPAFFlTI CONTROL SYSTEMS 7546 DDV699 GRAFFT REMVL'JUN[ 3,480.00- OO���58-45�20'' T0AL PREPAIDS ,O0 18T4,L VDUCHER� 3`4O0.O0 TOr�L DUE VENDOR 3,�%.0O C�� CALIF��NI� 0o1�C�;-42125— 9C��97J12V PH.SYCS-�ENERAL GGNr 2.022.8� 00143Y5 42125' 8887772�8Y PH.SVCS ' ECON DVLP 41.26 00-42125- 9Vv6�2V74� P;.SVCS C CNC� 20.20 �(`�5322-�2125' PH.S'.CS R REAGAN PK 44.V6 ��i4���'421��- YO986VO3o8 PH.SVC3 MOOEN C/CLK 32.94 oV�531�'42�25'' P:.SVCS M, E HLL PK 43.36 TOTREpAlD� .O0 r0�L VOUCHERS 2`204.64 TOTAL DUE VENDOR 2,204.64 `�A�AL G�PTA RECP��IOn REF�� 50.00 T�lAL P��AIDS '»v TOT�� VJ��HER� 50.00 ��lA`' DU� YE�0OR 5V.VV 3,�� S�7�i' 31810 R[CREATI��| REFU�[ 65.0V rGrAL PnFp�l[� TCT�- VOUCHER� .O0 65.Vo T3TAL 7jjF VEn3OR 65.0� T0AL ����ID5 .0O qcyj.O0 CITY OF DIAMOND BAR HUN DATE: 07/14/1999 16:55:50 VOUCHER REGISTER. PAGE: o DUE THRU: 07/20/1999 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHEU: CAROL HERRERA 0�114t)ltl-4 ' 5-- MILEAGE/PARk:ING-FEc-JUhiE '' .3 TOT AI Pc E -'AIL „�(! TOTE;,. 'VOUCHER_, TOTAL DU aDOF' _ UI�:R?DIh: -- ", l 4,-- =4h _---` D�T'� PREF'uc,E'. �'1�',^-EIS]-' "FI` _ i=''. _-'f_i 1 _'- �•_, J.: . „ �_S'r l.; L.�u:J F`17C"_� . �•`_, TCTV0ILICHiiERS T0TA' DUE- VENDOZ 526.1r; � �`�- tiTI^E'"P TRL!ST-_=? 10mH :1�?ft _ "'v C 1 G, -AL JUL F'FL_ JLL • OPTRI: - L DE 12 .S'� Ili :'1i3� aar'1 ��,24. -- 1'--: 35 `' 4::._ '! 4; 'I JULY FF'1<:' . _ JULY CONTRACT CON R B Ili 0 u. '1' ':.- 4: t . ;' 7 ' ;'; -5 '-5 JUL' PF`l,-:11._ JULY `FHJ;RJLL 2,654.00 071 1j1 3 35465 5, , - T;L ._ :'ENDDR 15 S'2.5" Ili • _ • _ till V. . 'i'.l I{'lf__ 1 34 HF,,. ry ,t JV Nr 7 T OF DUE TOTA'�_ VC. ':'_RF:_ 10', MPrr,CESSTING 1:..0" Tf__T AIL '.!OUCHERS :1` .20 TOT -i,_ DUE V Z N D 0 R, -`1 i • � - i.AYlj{:v 'S ,...IM REF'EATIOt REFUND 50.0t' TrIrA='uEF'AiD� .00 TOTA- VOUCHERS ;0,i;i; TOTAL VENDOR 50.00 CIT OF DIAMOND. BAR FUN DATE: G? 14!1999 16:55:50 VOUCHER REGISTER PAGE: 9 DUE. THF.'': (7/20/199Q' PRE`'AI O !FCT-n!"' F'..,; �_CT-A.,L: . F'C•_ T p 0 # ol.-� ! RI= N AMOUNT iNV�t�__ IEJC i0. DATE CHECK E'." TAE E KIM " N'-TRA''STT PASSE- T- - .Ct.i G 1.2a p'` L'� trD TCT:._ RE=.SATiE'-: r-FUNr- ... T. <r.4 DC. 5t ' 1TCVTn NCRF 1 19 _'--1457 - --- --- - HINFi- HFUIN- T171'iJ ,.. �.-.Nth:_: .. - ri'Nr LE��... un�..I:�L - - _ i' 1 k H '�J • JR,F'1'_ JUJJI+ LU Tn'=;_ bOUDrEh'= p rr F • r Tl R' DU Vt'.; aj 6;;1,15 Th;riYUl �Ur�iG:-JtJ`iC 440). VE _.__ CITY OF DIAMON'u PAP RUN DATE: nT '. „99 , 6 :55:50 VOUCHER REGISTER PAR: iii DUE THRW W S' PREPAID FUND/SECT-ACCT-PROJECT-ACCT FO 0 INVOICE DESCRIPTION AMOUNT DATE CHECK X itvC 25` 2 ff-4. ,0-1°no'_- r.:^0 CTR TOTAL °ftf'=1i.! TOTE- VOUCHER - T TAi_ DUE .E: DDD , _�;ISTIt•:E L_ TOT TOTA. DA VEIND P 5L 0 i, ..— U WRITS 1155515-41 325-- ELD WS Till MTO-7/10 /24 4:.n0 07/20/19—'; 35471 GTA: PREFAIDS 41 DO TOTS;.- VOUCHERS .i.i' DUEVENDOR 41 Oct MARTHA MA ZUMI ' ":- pso-- -C44= RECREATION REFU IL"� 45.OD TOTAL PREPAID` .00 TOTAL VOUCHERS 4c .�. O TOTAL DUE VENDC,R 4100 MAGIC: MOUNTAIN TOTAL PRUAID: .iii, TOTAL V0tiru=FE 761.01-1 MAL DUE YDMF' 76!.00- :=TAL PRE-=--- 00 _:TAL 'VOU,_PE l u X T'iTP..' is ter{ P DE T=5 MAR.' POWER -22-1, RE�.PFP7 REFUND TOTN', :REFLIDS .00 TOT _ ..___'HEP', E 161.00 'CA,_ DUE :'c.tiDOR 161 X 0 TTrL vOLrH_F-- 45.00 4510 _ - RECREA710 FE;U1 i 49 NO MAL QUICK 4940 -- DL'S ' E -IDUs; 4;,:ail CITY OF DIAMOND BAR RUN DATE: 07/14/1999 I6:55:50 VOUCHER REGISTER F'AOE: I1 DUE THRU • 07 ,-,,:, /t 9,99 FIiND/SECT-ACCT-PROL;:;,T-A,,;,T PC INVOICE `rrrn (tnP' ':_c:�.r,IF'.,.,, T PREPAID AMOUN DAT; CHEC1a. METROLIN: lic•-4::"s -- 1125.5':-455_,;__ 1 Mc l F ;_tv PASSES-JUNE � .4: 10 1-2 TRNST TOTE- PREPAID': TOTAL '_-OUCHER5 TOTAL DUE VENDD , KUMUD V MISTR'f Ou- -34710-- = � RECREATION REFUND: 59.00, TOTAL PREPATDS ,of) TOTPiL VOUCHERS, 1;0,U0 TOTAL DUE `'JENDOR 5',00 MT. BALI;Y UNi TED WAY 001- 111:-- PP12-13 PAYROLL DEDUCTIONS;2,00 TOTAL PREPAID.: •U:i TOTAL V OUCHEFa a" 0 T='TESL DUE ,Et;iiDF' Of MOLL'. il:H 151 U -07 _� -- - NL .`iii -' 3 54. RE_T 1 f -?NL '• F'l _ 4 -- _ - CL I_ -F ',''_L'C:PEF_ - =--- RECRE ' ION R=F_i^;C �. .J•!.I1(J TrL .. cF T.: TO 50 0 0 CITY OF DIAMOND BAR RUN DATE: 07/14/1999 16:55:90 VOUCHER REGISTER PAGE: 12 DUE THRU: 07/20/1199 PREPAID FUP{D; SEC' ACCT-PP.OJECT-ACCT PO # INVOICE DESCFIF'Ti3N AMOUNT DATE C4EC1. P.F. PETTIBONE c CC OPER , ltdu SUP 'F'LI�}-PLh -nq01'1•/2,:!-41'2'00-- _- ... . r�Ti c A � P'RE{,c AI*�DS -- TCTAL VOUCHED VE nnq VFRO I Tpr F'A'F°OLL T�`�`'EF'-F`Pi rt:'.,;; ,'r`;;Ieq�_ , TOT' 64 . TOT"P-� VOUCHED; -7 .00 T12 AL -DUE VEN ?f1c; h:4, ...'''-.IL•' DW,,' J;r..T'Ir:,, F"T.-.-- RTC:2 tklr. .i'i 1., +_• . FIN--YItVr' I ;.' � �7 Ilf: i,r!' ?54-`1._"'_. I Lltd HHRuE -uUPrE �•- IO k—'REPAI S -:'TAL ER'S TOT ):, L DUE y`ENIJJ=. L 974. L. in TOTA_ - Ailq 3`46'. .4� T TC TOTE: LIUE V-1 ..-_.. _ -- .._ _ SIV JL., �..}.L. _ _i'L'C I ,1 ,_I.'1'.} _`_C{• pp If TC.._ 'dOUC.HER .G 01 A- %!Eili-ut' V IL:'.-IZ:J�ti 'v:J1Yv:Ji ft11tiT�liV'i:_- = 't-Y-01 ;i?4;1, F'Ru in -LM Hi i TOTAL F.' -"AIDS TOTAL VOUCHERS TOTAL DUE VENDD . 1,150.00 ='iTNEY BOWES INC :_041i' -4 tfi- FitPP MACHINE 73.12?: TOTALPREPAIDS .00 TOTAL VOUCHERS 73.12 TOTAL DUE VENDOR 73,18 RUN DATE: 07/14/1".?w 1659*50 FUND/��T'ACCT'Pk3JE�T'AC� PDMON� jlj0IClAL DISTRICT �GMOKA JuIF�� OV�J5�-42 43— PpOJEC SlST�R 11'440o;— � & C BLUEPR�� O0�530'412"@- 250531(+�4L5'11��'��15 �-�Pq Y��� CH CITI OF DIAMOND NAR V�JCHEPR�4-I-7ER PAGE. ��� �� T��: O7/2V/1�99 � PO � INVGIC[ D[SC�lP�l[� AMOUNT � hA''9� MA` PAR[INS ���lVITY 455,(� TOT�� VOUCHEP� 'Vr�L DUE ;E��O� �5�.�� 455.N} �' F�JY pu�� API'MA� 2.��.0x T����� 871G PR��.SVCS.-CRIME P��ENTN ��P��I� TDTAL VOUCHEF� 1,��.O0 TOTAL D�E VENDOK 1,�W.OV A8855 42239 PRmrN� SVCS -SVCS REQ,FORM 178.vo 4278� PLNS & SPB3'UDRBBB 236.81 TOTg� PREPAIDS .V0 TOTAL VOUCHERS 415.71 TOTAL DUE yEN�P 415.71 8716 MlSC SUPPLIES. -DAY CAMP 205.51 TOTAL PREPAIDS .VV TOTAL VOUCHERS 205.51 TOTAL DUE VENDOR 2V5.5i OFFICE SUPPLlES'C MGR 28.25 TOTAL PnEPAIDS .00 TCTAL VOUCH -R3 28.25 T3T�L DUE VENDOR 28.25 Y73� PRNTNC SVCS'BUS.CDS �V,71 TOTAL P0[PAlDS .00 TOTAL VOUCHERS 37.71 T0AL DUE Y�00R 37.71 �3 PRE�AID CITY OF DIAMOND BAR RUN DATE: 07/14/199, 16:55:50 VOTER KGlSTEP PAGE: 14 DUE �RIL'� (e7/2C',/1---'3 PREPAIC FUND/SE%T-ACCT'PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DWE CHECK RICMRDS WATSON & GERSHON 0O14020'4402V'' LEGAL SEE -COM DEV -APRIL 225.75 014020-44021' SVCS ' /ANTEpMAN 13O.00 001-23V10— 181052/53 LEGA. SEE ' FPL 92-03C 1.\83.0( 0014020-44020' W 54 55-57 GE�ERAL LEGAL SVCS -APRIL .. 2 764. 53 . 00i4V2V'44 LEGAL SEE PARKING 1,248.O6 0O1'230��— 101052/53 LEGAL �"CS FPL 92 -OD! 224.75 O0i4V2it) '44021— 8 O10`50 LEG4L SY[�- CABLE TV 787,50 00140',-. 44O21-- i0iCi51 LEGAL SVCS'LANTERMAN-4PR 5.688.52 TOTAL PREPAlDS .O0 TOTAL )OUCKERS 12,252.05 TOT�� DUE VENDOR 12.252.0 RITZ CAMERA 0015'350'46250- NIKON CAMERA. 482.56 0015350-412C-0' SUPPLIES FILM \6.15 TOTAL PREPAIDS .00 TOTAL VOUCHERS 498.71 TOTAL DUE VENDOR 498.71 SAM'S MOBIL 0015310'42310'' 9574 FUEL - COMM. SVCS 5Y.66 0015210-42310- 9574 FUEL - COMM. DEV. \VW :�14030-42310-- 9574 FUEL ' CITY MANAGER 169.69 TOTAL PREPAlDS .00 TOTAL VOUCHERS 337.61 TOTAL DUE V[NDOR 337.61 AW SANR[GRE V6� 347�� - J202^ RECREATION REF:.. 47.00 �C TAL Ft_ [P�:DS .00 rCTA^ VOJCHEPS 47.00 TDT4^ DUE Y[100R 47.0V M�'3478t 324�� RECREA �0x R�FUx� 73k AREPAA�-- �5.i� 0Th� 45.4 T]TAL ME VEuD3R 45.00 5C��F A8817 lATL,_ S 5O4.00; TD -i AL PREPAlD� .00 T[7A- YOU'CHER6 504.00 T3TAL DUE VENDOR 5O4.VV S�3�AN SECURITY ��!4090 44000 893�' TiL8 COUR�E� SVC5 - JULY 9� 192.b� T70i PREPAlOS .00 T'--,TAL YOUCHEER-- 192.61 TOTAL DUE «ENDDP 192.61 CIT` OF DIA!"!-NI D PAP RUN DATE: 07,1411594 16:6,:5::1 VOUCHER REGISTER PAGE: 15 F`REFAI "NU,SECT—ACCT —FRO,ECT—ACCT PC # INVOICE DFS" IPTI^N _ AMOUNT AMO.,.a i DATE CHECK HE P SHAH .. - ._. _.. .yam _ . • _ TOTAL PREPAIDS rir' TOTAL Voir UCP5' TOTA',..:`":E VENDOR SHE LL FY OU_NT� N)' —,474c,-- -' - — RIH—REEATION RE:7j D cn,oi, TOTAL PREPAIOS ren TOTAL V0UCHERE TflT Llp AMY SIACU C_ 601-347?-- RE't-F'=. TT"",i PEEUPjr; 1.)T`1 PREPAIDS TOTAL VOUCHER= <<,00, T"T Al DUE VENDOR ! U� JUL-LIFE INS PREMIUM;_ :. 490,16. :'' `� ,'1?v'; 2546'. JULY DULY—S!_PP! LIFE PREMS :5.53 ;- /20 119997 35466: tr,=: 4;0 _ ;i j=? 354,7 1?... T.`I ''iuUChE",� OPE "' �'-_IES - - t:'' RUN DATE: 07/14/1999 16:55:50 CITY OF DIAMOND BAR VOUCHER REGISTER PAGE: 16 DUE THRU; 07/,20/1999 FUND/SECT -ACCT-PROJECT-ACCT PO # INVOICE PREPAID DESCRIPTION AMOUNT DATE CHECK MONET T ORR'ES %. RECREAT REFUND ; IOTA L VC::hE-.= TOTAL D'"_ EN%1F' TOWER lUC=:InL'Fr iG UP y., Qr4D90-42345- - . �- il_ P'_ TE- ; TOT'ri:_ VOUCHEF= 1 6 pi; --- tAENLr„_ T T A— :yf ) _— , U T — �—� J ' e.l -9. 50 -- -- JLC 1QTC-.., -- I'.ip9=;1 . •a. - . _ _ qljq -,1 �54a 0-7 T:ITP -42-1 Cli `F (iii TO qUL _ _h 7- TOn" t"DOR. i A '0TL PREPAiT-IS . i)n TOTj - VOUCHEF=. _ 74 00 74 CT t=q . RECREATION REFU* 15.1 00 TEPAOTF_ P' ,;7TrC [)t) 15x: TOT pi I,j!� , R.r� , 00 PAUL WRIGH .15 TEAL FAGAW6 2222 TUT-.- VOUICHERS u'_.?' DUE �i---NDIJIR 91 7r, A./v SVCS -CNS_ 7/6,TDPE7/2 350.001 A/V PVC&M,15,22,29 62150 oTQWlW9 3M68 TLT;. PREFHES 822, TOTA� 350 � "DO TOTmDUE VEN:Lt-: lj7153 45. OC. 79TAL FREPAIDS .010, HTAL DUE ANDO7, LT.ul-"! UTZ PREP&HE uTAL .J't" Vl,!-J`1'0M:`.. CITY OF DIAMOML BAR RUN DATE: 07/14/1999 16:55:50 YOUCHER RESISTER PQSE: 17 DUE THRU' FUNNECT-ACCYPEJECT-ANT PC !WOKE DEMRIP-11N hi-..-L-!!�jI 17 DUE CHEC11, WEaS FAM01 BAA� ME 0 �30"! q7 210 070P091 3545-- RTAss, " 41AL 00-09Q 35452 c7L Q1445-4235— 121 :y"ou, 354--: L I 1: 3�20001 275- ISE C70-2 7040-91; :4"b7 0�10QAG 1557 21.5) 07/20 1999 3540L MAP .4� 07- .7-C., 4,� -7- MEE PE40- 121,7 07121190" 3545-- 1507 0700100 2M57 spnHy- �r- nsn 07;24099 -�? 3541-' 35456 MTH ilC.FS 07/20/199 -' 354F= L4N7EFl!A'- T& Fl; -'.E, 1350X 071201999 35456 0314TA"42AV- 114 ::5 4 5 synIES I Hip 110,94 07/20999 35456 , A 7;T'L 3ANA- 7 __ - REF VENOT 57 PAUL WRIGH .15 TEAL FAGAW6 2222 TUT-.- VOUICHERS u'_.?' DUE �i---NDIJIR 91 7r, A./v SVCS -CNS_ 7/6,TDPE7/2 350.001 A/V PVC&M,15,22,29 62150 oTQWlW9 3M68 TLT;. PREFHES 822, TOTA� 350 � "DO TOTmDUE VEN:Lt-: lj7153 45. OC. 79TAL FREPAIDS .010, HTAL DUE ANDO7, LT.ul-"! UTZ PREP&HE uTAL .J't" Vl,!-J`1'0M:`.. . Ga J 2 «0£N EA. RUN ms: 3/14/1999 b:2:2 VOUCHER 8289 m/= R @E 2U: g� F 9 &q% R-«2-m2RI¥mf BARBC&I+SEFIAN y297+ - m # I&m7 »7ee!ON 22e R2SQa E@» S«E99m3 yT SSRR 7+L DOEE §B§B 7ITDRAPS PRI 29E'U C 92 FmJ 29: PREPAID q@aNI DATE CHECK 2.w .M 2.w y.w Wen Chang Mayor Deborah H. O'Connor Mavor Pro Tem Eileen R. Ansari Council Member Carol Herrera Council Member Robert S. Huff Council Member R", '(J, d PP pc, City of Diamond Bar 21660 E. Copley Drive, Suite 100 - Diamond Bar, CA 91765-4177 (909) 860-2489 - Fax (909) 861-3117 Internet: http://www.ci.diamond-bar.ca.us • City Online (BBS): (909) 860-5463 SPECIAL MEETING NOTICE NOTICE IS HEREBY GIVEN that the Diamond Bar City Council will hold a special meeting to conduct a Closed Session on Tuesday, July 20, 1999 at 5:00 p.m., for the purpose of: 1. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (California Government Code, Section 54956.9(a) — Barbara Beach-Courschene, et al vs. Diamond Bar Redevelopment Agency, Case No. BC 175655 2. CONFERENCE WITH LEGAL COUNSEL — Filing of Amicus Curiae regarding Friends of Mammoth Lakes et al vs. Town of Mammoth Lakes, et al. SAID MEETING will be held in the Room CC -8 of the South Coast Air Quality Management District, Diamond Bar, California. FURTHER INFORMATION may be obtained at the Office of the City Clerk or by calling (909) 860-2489. DATED: July 19, 1999 t Lyn a Burgess, City Clerk NOTE: THE REPORT ON CODE ENFORCEMENT WILL BE CONTINUED TO A FUTURE MEETING i' OF llIAMI )ecies Pe ■ 10 0 a % M& Mir a a AMERICAN SWEETGUM 6 r } 6 K CORAL GUM DWARF LEAFED PURPLE LEAF PLUM F • d _ �r ,. 9rk - yam► �,.:;�, _, 4 MW a] 17 Al paniculata� .� .ƒ�� \ \� . .� � � �4\ k4 rrl1ATd- rrnXTn fAIDOUT" TRF.F. v CITY COUNCIL REPORT MEETING DATE: July 20, 1999 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Study Session Agenda Item #2 — Street Tree Policy Issue Statement Staff is seeking direction from the City Council on two subjects related to street trees: A. Species replacement program B. Median tree planting program Recommendation Provide input and direct staff to agendize this item for a future City Council meeting for further consideration. A. SPECIES REPLACEMENT PROGRAM (Photos of tree species are in Attachment A). Background There are several species of tree in Diamond Bar that are planted in locations inappropriate for these trees. The'trees will ultimately grow to be too large for the space available at the location where the trees are currently planted. As these large trees mature, damage is done to the sidewalk, curb, gutter and street (hardscape) adjacent to the tree. The hardscape can be repaired, but the trees will only damage it again. These roots can be cut to limit future hardscape damage, but the City then assumes a tremendous level of liability should a large tree then fall and cause harm or property damage. The best method to limit both future hardscape damage and liability is to have a species replacement program. Such a program was developed by staff and communicated to the City Council in a memo dated September 29, 1998. (Attachment B). However, when the species replacement program was implemented, a concern was raised about the mix of the old and new species along the major boulevards. The primary concern seemed to be the replacement of the Canary Island Pines with Sweet Shades, since the two trees do not look anything alike. During budget meetings in June 1999, the City Council suggested that staff develop a phased program where species replacement can be accomplished along sections of a street at one time rather than through attrition. This way, newly planted areas would maintain a uniform look. Discussion The primary tree species that need to be replaced are the Canary Island Pine, Brisbane Box, and the Jacaranda. A brief review on each of these trees follows: Canary Island Pine — 485 trees on these major arterials: Brea Canyon Road, Diamond Bar Blvd., Golden Springs Drive, Pathfinder Road, and Sunset Crossing Road. Estimated cost to remove and replace with 24" box is $315 per tree or $152,775. Staff has not found a replacement for the Canary Island Pine that looks similar. Therefore, a phased species replacement program is recommended over a period of 15 years at a cost of $10,185 per year. The phases will be separated by cross streets and the priority will be determined by current conditions, the worst being completed first. If this plan is acceptable, then staff will bring back the details of the phasing at a future City Council meeting. In the mean time, if a Canary Island Pine needs to be replaced more than 12 months prior to its phased replacement, it will be replaced with a 24" box Canary Island Pine (cost approximately $175 for the replacement tree). When the Canary Island Pine out grows its tree well cover, the tree well cover will be removed and replaced with decomposed granite at grade with the sidewalk and curb. Brisbane Box — Staff has located a tree that looks similar to the Brisbane Box that is also appropriate for a 3'x3' tree well cut out: Tristania Laurina. Therefore, staff will replace the Brisbane Box species with 24" box Tristania Laurina on an attrition basis. The Brisbane Box trees are located on Grand Avenue east of Golden Springs to the eastern City limit, toward Chino Hills, When an existing Brisbane Box outgrows its tree well cover, the tree well cover will be removed and replaced with decomposed granite at grade with the sidewalk and curb. Jacaranda — Jacaranda trees are planted on Pathfinder west of Brea Canyon Road and on Brea Canyon Cut - Off. The recommended replacement tree is the Chinese Fringe. Both trees are deciduous and have a similar shape canopy. The obvious differences are the shape of the leaves and the color of the flowers. Jacaranda have purple flowers, Chinese Fringe have yellow flowers. Staff recommends that the Jacaranda be replaced through attrition. When the Jacaranda outgrows its tree well cover, the cover will be removed and replaced with decomposed granite at grade with the sidewalk and curb. B. MEDIAN TREE PLANTING PROGRAM (Photos of tree species are in Attachment A) Background Staff has completed a survey of available tree planting space on the medians on Diamond Bar Blvd. and Grand Avenue, and there is room for 543 trees. Discussion Locations for tree planting are determined by open space available, line of sight requirements, signage visibility and maintenance needs (i.e. space between trees required for mowing). The species of trees being considered for the medians are: Cape Chestnut Golden Trumpet Chinese Flame Goldenrain Chinese Fringe Hong Kong Orchid Chitalpa Jacaranda Coral Gum Crape Myrtle Dwarf Leafed Purple Leaf Plum Eastern Redbud Evergreen Pear Firewheel Tree Flame Tree Lavender Trumpet Pink Flame Purple Orchid Silk Floss Southern Magnolia Sweetshade The above species are all flowering trees that are appropriate for the available space and the planting conditions. Following are the median sections and planting sites available. Median Location Planting Sites On Grand Avenue - Pomona Fwy to Diamond Bar Blvd 71 - Diamond Bar Blvd to east City limits 81 On Diamond Bar Blvd - Pomona Fwy to Temple Avenue 70 - Grand Avenue to Pomona Fwy 108 - Pathfinder to Grand Avenue 128 - 57 Fwy to Pathfinder 85 Total Sites 543 Total cost to plant 543 trees @ $175 = $95,025 Note: Trees on Golden Springs medians will be replaced as -needed with currently planted species only (Liquid Ambar). Financing/Phasing Options The cost to plant all 543 trees in the medians at one time is $95,025. This can be accomplished by using L.L,M.D. #38 Capital Improvement Program funds. There are over $350,000 in funds currently available in the 1999/2000 Fiscal Year budget, a portion of which could be used to plant all 543 trees. A five-year plan would allow the planting of about 110 trees per year at a cost of $19,250 annually. A ten-year plan would allow the planting of about 55 trees per year at a cost of $9,625 annually. If a phasing program is determined to be in the best interest of the City, then tree planting will be phased as follows: 1St Priority — Diamond Bar Blvd. — each median to receive equal proportion of trees each year 2nd Priority — Grand Avenue — east of Diamond Bar Blvd. (Planting will start after Diamond Bar Blvd is completed, by proportion for each median.) 31d Priority — Grand Avenue — west of Diamond Bar Blvd. (Planting will start after Grand Avenue east of Diamond Bar Blvd. is completed, by proportion for each median.) Prepared by: Bob Rose, Community Services Director Attachment A — Photos of Tree Species Attachment B — Memo dated 9/29/98 Attachment B City of Diamond Bar DATE: September 29, 1998 TO: Honorable Mayor and Members of the City Council VIA: Terrence L. Belanger, City Manager FROM: Bob Rose, Community Services Director 1I1+ SUBJECT: Street Tree Planting Plan for the Major Boulevards in Diamond Bar Each year, there are a number of tree wells along the major boulevards in Diamond Bar that become vacant for a variety of reasons: traffic accidents, vandalism, natural demise of trees and new sidewalk construction. There are currently 83 vacant tree wells available for planting. The City has a contract with West Coast Arborists for the planting of these trees. The planting will be done beginning October 12,1998 and will cost about $8,300 to complete. This amount is available in the existing 1998/99 FY Street Tree Maintenance budget. In preparation for this tree planting project, staff has worked with the contractor to develop a planting plan to determine the best tree to plant in each of the vacant tree wells available. Determination of each appropriate tree included the following considerations: 1. Existing trees located in the adjacent tree wells 2. Type of tree appropriate for the available planting space 3. Desire to increase the number of flowering trees Due to the second consideration stated above, there are several trees currently planted in 3' x 3' tree wells that are not appropriate for that size planting space. The following trees that are currently planted in tree wells require a larger space for proper growth. The consequence of planting these trees in a 3' x 3' tree well is up -lifted tree well covers and damage to sidewalks, curbs and gutters. The planned substitute tree is also listed below. Trees not appropriate for 3' x 3' Tree Well Recommended Substitute Tree Canary Island Pine (no flowers) Sweetshade (yellow flowers) Brisbane Box (off-white flowers) Sweetshade (yellow flowers) Jacaranda (purple flowers) Chinese Fringe (yellow flowers) The above street trees will be substituted as tree wells become available. No healthy trees will be removed unless a safety issue is involved, therefore the change of trees will be done through an attrition process. Memorandum to City Council Street Tree Planting Plan September 29, 1998 Page 2 The substitute trees are appropriate for the 3' x 3' tree wells which are common along the boulevards in Diamond Bar. As these substitute trees grow, there should be less damage to the tree well covers, sidewalks, curbs and gutters as from the trees currently planted in these locations. Please see photos of the new substitute trees attached. CC: James DeStefano, Deputy City Manager 4 4&m6jlftL AW 't- QUEENSLAND PITTOSPORUM � « � r �� � �'� !'7 !`V T T1 T T1 cnr TTUF 12 N M A r NT"I I A CITY of DIAMOND BAR , CITY COUNCIL STUDY SESSION .4 JULY 6, 1999 t CITY COUNCIL CALL TO ORDER: Mayor Chang called the meeting to order at 5:10 p.m. in the South Coast Air Quality Management District Room CC -8, 21865 E. Copley Drive, Diamond Bar, California. 2. ROLL CALL: Council Members Ansari, Herrera, Huff, Mayor Pro Tem O'Connor and Mayor Chang. Also present were: Terrence L. Belanger, City Manager; Doug Argue, Assistant 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; Lynda Burgess, City Clerk; Anne Haraksin, Administrative Assistant; Jeff Koontz, Executive Director, D.B. Chamber of Commerce; Annette Finnerty, Parks & Recreation Commission, and Allen Wilson. A. HOLIDAY BANNERS: Following discussion, Council directed staff to bring back more information for posting banners in areas adjacent to shopping centers. B. BYLAWS FOR THE PROPOSED DIAMOND BAR FOUNDATION: Following discussion, Council concurred to place this matter on the July 20, 1999 regular City Council meeting agenda. ADJOURNMENT: There being no further business to conduct, Mayor Chang adjourned the Study Session at 6:30 p.m. to the regular City Council meeting. ATTEST: Mayor LYNDA BURGESS, City Clerk NOTE: DUE TO TECHNICAL DIFFICULTIES WITH THE RECORDING EQUIPMENT, MORE DETAILED DISCUSSION IS NOT AVAILABLE. MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR JULY 6, 1999 140� STUDY SESSION: 5:10 p.m., SCAQMD Room CC -8 a) Holiday Banners b) Bylaws for the Proposed Diamond Bar Foundation (non-profit) Present: Council Members Ansari, Herrera, Huff, Mayor Pro Tem O'Connor and Mayor Chang. Also present were: Terrence L. Belanger, City Manager; Doug Argue, Assistant 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; Lynda Burgess, City Clerk; Anne Haraksin, Administrative Assistant; Jeff Koontz, Executive Director., D.B. Chamber of Commerce; Annette Finnerty, Parks & Recreation Commission, and Allen Wilson. 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 6:45 p.m. in the Auditorium of the South Coast Air Quality Management District, 21865 E. Copley Drive, Diamond Bar, California. ROLL CALL: Council Members Ansari, Herrera, Huff, Mayor ProTem O'Connor and Mayor Chang Also present were: Terrence L. Belanger, City Manager, Craig Steele, Assistant 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 Jeff Koontz, Executive Director, D.B. Chamber of Commerce. INVOCATION: The Invocation was given by Bishop Kirk Christ, Church of Jesus Christ of Latter Day Saints. APPROVAL OF AGENDA: CM/Belanger requested that the City Council declare an urgency to add an item to the agenda for adoption of a Resolution establishing the Steven M. Tamaya Memorial Fund. MPT/O'Connor moved, C/Huff seconded, to add the Resolution to the Agenda as Item 9.1. Motion carried by the following Roll Call vote: JULY 6, 1999 PAGE 2 CITY COUNCIL AYES: COUNCIL MEMBERS — Ansari, Herrera, Huff, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Presented City Tile to Assistant City Attorney Amanda Susskind upon her departure from the law firm of Richards, Watson & Gershon in order to become a candidate for State Assembly. 3.2 Presentation made by Jack Hazelrigg, Los Angeles County Vector Control District, regarding mosquitoes, Africanized Honey Bees and fire ant infestations. 3.3 Proclaimed July, 1999 as Parks & Recreation Month. 4. PUBLIC COMMENTS: Clyde Hennessee objected to the proposed contract with the Chamber of Commerce in the amount of $36,000 because he felt that it was not in the general public's best interest to fund another public agency. Grace MacBride said she felt that no funding should be given to the Chamber because it has not adopted a Resolution regarding Lanterman. She suggested that the funds be given to D.B.I.A. instead. Jeff Koontz spoke about the following upcoming Chamber activities: Tuesday, July 13 - Mixer, D.B. Golf Course; Thursday, July 15 - 7:30 a.m., networking breakfast at the Chamber offices; Sales of Millenium Map begin on July 12; Tuesday, July 27 - 7:00 to 9:00 p.m., Small Business Seminar (Advertising and Marketing of Your Business); July 26, 11:30 a.m., ribbon cutting ceremonies for St. Jude Heritage, 1514 South Valley Vista; July 28, 5:30 to 6:30 p.m., ribbon cutting ceremonies for Cafe IL Estrada across the street from the Golf Course. 5. SCHEDULE OF FUTURE EVENTS: 5.1 CONCERTS IN THE PARK - MIKE HENEBRY ORCHESTRA (Big Band) - July 7, 1999 - 6:30 - 8:00 p.m., Sycamore Canyon Park, 22930 Golden Springs Rd. 5.2 TRAFFIC & TRANSPORTATION COMMISSION - July 8, 1999 - SCAQMD Hearing Board Room, 21865 E. Copley Dr. 5.3 TOWN HALL MEETING (Solid Waste) - July 10, 1999 - 9:00 a.m. 11:00 a.m., Diamond Point Elementary School, Golden Springs at JULY 6, 1999 PAGE 3 CITY COUNCIL Sunset Crossing Rd. 5.4 PLANNING COMMISSION - July 13, 1999 - 7:00 p.m., SCAQMD Auditorium, 21865 E. Copley Dr. 5.5 CONCERTS IN THE PARK - SHOUT (60's) - July 14, 1999 - 6:30 - 8:00 p.m., Sycamore Canyon Park, 22930 Golden Springs Dr. 5.6 CITY COUNCIL MEETING - July 20, 1999 - 6:30 p.m., SCAQMD Auditorium, 21865 Copley Dr. 5.7 TOWN HALL MEETING (Solid Waste) - July 24, 1999 - 9:00 a.m. to 11:00 a.m., Heritage Park Community Center, 2900 S. Brea Canyon Rd. 5.8 HOUSEHOLD HAZARDOUS WASTE ROUNDUP - July 24, 1999 - 9:00 a.m. - 3:00 p.m., Gateway Corporate Center, 1300 Bridgegate Dr. 5.9 SUMMER CLEANUP (Bulky Items) - July 24, 1999 - 6:30 a.m. - 4:00 p.m., Curbside pickup. 6. CONSENT CALENDAR: C/Ansari moved, C/Huff seconded to approve the Consent Calendar with the exception of Items 6.1.2 and 6.8 A and B. Motion carried by the following Roll vote: 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 Study Session of June 1, 1999 - As submitted. 6.1.3 Town Hall Meeting of June 5, 1999 - As submitted. 6.1.4 Study Session of June 15, 1999 - As submitted. 6.1.5 Regular Meeting of June 15, 1999 - As submitted. 6.2 RECEIVED & FILED PLANNING COMMISSION MINUTES: 6.2.1 Regular Meeting of May 11, 1999. 6.2.2 Regular Meeting of May 25, 1999. 6.3 RECEIVED & FILED TRAFFIC & TRANSPORTATION COMMISSION MINUTES - Regular Meeting of May 13, 1999. JULY 6, 1999 PAGE 4 CITY COUNCIL 6.4 RECEIVED & FILED PARKS & RECREATION COMMISSION MINUTES - Regular Meeting of May 27, 1999. 6.5 APPROVED VOUCHER REGISTER - dated July 6, 1999 in the amount of $1,258,174.30. MPT/O'Connor abstained from voting on the following items related to the Lanterman Forensic Expansion Project: P.O. 8746 for $25.00; P.O. 8095 for $129.90; P.O. 8840 for $10,116.01; P.O. 8672 for $50,000.00; P.O. 8761 for $4.97; and Invoice #760459520 for $243.75. 6.6 REVIEWED AND APPROVED TREASURER'S STATEMENT - for May, 1999. 6.7 ADOPTED RESOLUTION NO. 99-55: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING ADVANCE AND REIMBURSEMENT AGREEMENT NUMBER 14 WITH THE DIAMOND BAR REDEVELOPMENT AGENCY - in the amount of $15,500. 6.9 APPROVED AMENDMENT OF CONTRACT WITH DEWAN LUNDIN & ASSOCIATES FOR CABLE UPGRADE INSPECTION - in an amount not to exceed $5,000 for inspection services related to the Phase II Cable System Upgrade. All fees will be paid by Century Communications. 6.10 APPROVED BUDGET ADJUSTMENT FOR BUILDING AND SAFETY SERVICES - increasing revenues for Building & Safety Services with D&J Engineering by $32,000 and expenditures by $19,200. 6.11 ADOPTED RESOLUTION NO. 99-56: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, AUTHORIZING AND APPROVING THE EXCHANGE OF PROPOSITION A (LOCAL RETURN TRANSIT FUNDS) TO THE CITY OF SANTA CLARITA, CALIFORNIA, FOR GENERAL FUNDS - in the amount of $300,000 to construct the Santa Clarita Jan Heidt Newhall Metrolink Station, in exchange for $.71 on the dollar ($213,000). 6.12 ADOPTED RESOLUTION NO. 99-57: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DECLARING ITS SUPPORT FOR THE CITY OF INDUSTRY SOLID WASTE TRANSER STATION. 6.13 APPROVED CONTRACT WITH DIAMOND BAR CHAMBER OF COMMERCE - in the amount of $36,000. JULY 6, 1999 PAGE 5 CITY COUNCIL MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.1.2 APPROVAL OF MINUTES - Regular Meeting of June 1, 1999 - As amended. C/Huff suggested that the last sentence of 6.9 on Page 9 be changed to: "In addition, 50 permits are to be issued for parking on Diamond Canyon Road across from Brea Canyon Cutoff." C/Huff moved, C/Herrera seconded, to approve the regular meeting minutes of June 1, 1999 as amended by C/Huff. 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 6.8 CONTRACTS FOR BALLFIELD LIGHTING AT LORBEER MIDDLE SCHOOL: A. AWARDED CONTRACT FOR INSTALLATION OF BALLFIELD LIGHTS AT LORBEER MIDDLE SCHOOL - to D&J Foothill Electrical Contractors, Inc. in the amount of $163,437, plus a contingency amount of $16,340 (10%) for a total authorization of $179,777. B. AWARDED CONTRACT FOR CONSTRUCTION INSPECTION SERVICES FOR THE LORBEER MIDDLE SCHOOL BALLFIELD LIGHTS INSTALLATION PROJECT - to D&J Engineering in the amount of $3,225 plus a contingency amount of $325 (10%), for a total authorization of $3,550, and authorize the City Manager to execute the purchase order for said amount. In response to C/Ansari, CM/Belanger explained that the length of time that it will take to install the lights is largely dependent upon how quickly the light standards can be manufactured. CSD/Rose stated that the first four weeks of the project is the primary time of disruption to the campus. During this time, trenches are dug and wires, conduit and footings are placed for the lighting fixtures. At the time of award of contract, the contractor orders the poles and lighting fixtures. Until those poles and lighting fixtures arrive (anywhere from six to eight JULY 6, 1999 PAGE 6 CITY COUNCIL weeks) and after the trenching work is completed, there is nothing remaining except to wait until the products arrive for installation. Upon arrival of the products, the contractor has 30 days in which to place the poles and fixtures and have them ready to operate by the end of October. Therefore, there will be a two month period during which there will be practically no activity at the site. A tentative pre -construction meeting date has been set for July 15, 1999 with Pomona Unified School District pending award of contract and contractor's schedule. C/Ansari expressed her disappointment that this project has taken so long and would like to have it speeded up. C/Huff moved, MPT/O'Connor seconded, to approve contracts for Ballfield Lighting at Lorbeer Middle School. 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. PUBLIC HEARINGS: None 8. OLD BUSINESS: 8.1 APPOINTMENT OF MEMBER TO THE WILDLIFE CORRIDOR CONSERVATION AUTHORITY ADVISORY COMMITTEE - To fill a vacancy created by the resignation of Nick Camarotta. MPT/O'Connor moved, C/Huff seconded, to appoint R. J. Willkomm to the Wildlife Corridor Conversation Authority Advisory Committee. Motion carried 5-0 by Roll Call vote. 8.2 UPDATE ON LANTERMAN DEVELOPMENTAL CENTER FORENSIC FACILITY PROJECT. MPT/O'Connor reported on receipt of a letter from the Fair Political Practices Commission (FPPC). The FPPC concurred with the City Attorney's earlier advice that MPT/O'Connor should continue to recuse herself from decision-making relating to the Lanterman Expansion Project. MPT/O'Connor recused herself from Agenda Items 8.2, 8.3 and 8.4 and left the dais. JULY 6, 1999 PAGE 7 CITY COUNCIL CM/Belanger outlined the calendar of events with respect to the City's lawsuit against the State of California. C/Herrera said she spoke with Assemblyman Pacheco's wife, who encouraged her to have interested individuals attend the July 14, 1999 AB 373 hearing in Sacramento. She stated that she and C/Huff will not be able to attend the hearing and suggested that C/Ansari and M/Chang attend in their stead and contact committee members urging them to support the bill. She asked Council Members to contact cities that have not responded to D. B.'s request for them to adopt a resolution. She requested that staff forward copies of all letters and resolutions to each committee member and to the Governor reinforcing broad-based support for AB 373. She announced that she had been accepted to participate on Clifford Allenby's Advisory Committee. Mr. Allenby is the Director of the Department of Developmental Services. She stated that the mission of the committee is to provide recommendations to the Department of Developmental Services on preferred options for restructuring the developmental center's physical plants and services. 8.3 LANTERMAN TASK FORCE COMMITTEE - The Task Force was established to advise Council on a plan of action regarding the proposal by the State to expand Lanterman Developmental Center and admit severe behavioral and forensic patients to the facility. The Task Force has met on several occasions to develop and implement a plan of action. At this time, the work of the Task Force is complete. It is proposed that the Lanterman Developmental Center Expansion Project Task Force be dissolved. In addition, it is proposed that Council create a new Advisory Committee to review and make recommendations on legislation pertaining to the Lanterman Developmental Center and developmental centers, in general, and review and make recommendations on the actions of the State Department of Development Services related to Lanterman Developmental Center and developmental centers in general. The Advisory Committee would be Chaired by Council Member Herrera with Council Member Huff serving as Vice Chair and twelve additional members to be appointed by the Committee's Chair and Vice -Chair. Dr. Lawrence Rhodes agreed with dissolution of the Task Force. He asked that the Task Force be requested to prepare a final report to the Council prior to its dissolution. Gary Galbraith, D.B. resident and UCLA Psychiatry Professor, described the difference between mentally retarded and mentally ill. He stated that the forensic patients who are proposed to be housed in the expansion unit are mentally retarded and not mentally ill. JULY 6, 1999 PAGE 8 CITY COUNCIL Martha Bruske agreed that the Task Force should be disbanded. She felt that Council needs to take a closer look at the City's business rather than trying to tell the State how to deal with forensic clients. She disagreed with establishment of an Advisory Committee. Jennifer Hoey pointed out that Ruth Maples described the potential forensic patients as "murders, rapists, arsonists, etc." She said that approval of the Lanterman weed abatement contract made no sense. She stated that if a group of residents' perspective is so wrong, then Lanterman should offer information to enlighten the people of D.B. Dick Farrell felt that people should stop trying to confuse the issue by defending what Lanterman has been doing in the past with what they intend to do with the expansion and suggesting that those who are opposed to the expansion facility do not care about the current patient population, which is not true. This group is only opposed to bringing in a new element - the forensic patients. Sue Sisk thanked M/Chang and his wife for supporting the car rally. She pointed out that 14 escapes have taken place at the Porterville facility in the last two years since they began accepting forensic patients. The same person who failed to install an upgraded security system is the same person who will be in charge of the Lanterman upgrade. She objected to the contract with Lanterman for weed abatement that was approved by Council at its June 15 meeting. Clyde Hennessee spoke about the Lanterman Expansion Project. Darla Farrell said that Porterville residents are also concerned for their safety. In addition, some of the Porterville facility's employees are afraid of some of the forensic patients. She agreed with disbanding the task force. She was perplexed about why the City would grant a contract to Lanterman for weed abatement. She would rather that the City subsidize a youth group for this type of work. C/Ansari stated that these types of facilities need to be forthcoming. Lanterman has been a good neighbor over the past 71 years and Lanterman has answered the call for projects and has been a good contractor. The possible placement of forensic patients in an urban area close to a Little League field and residential dwellings is a different issue. Darla Farrell agreed that Lanterman had been a good neighbor over the past 71 years. The community is concerned that it has been deceived by Lanterman about the expansion project. JULY 6, 1999 PAGE 9 CITY COUNCIL Kim Chapman works with special needs kids. The members of the task force are educated about mental retardation and mental illness. The residents are saying that the forensic program has nothing to do with what has been going on at Lanterman for more than 70 years. The fact is, the residents were denied rights to respond to this change. When the rights of the developmentally disabled supersede the rights of community members, the community members will fight. The majority of D.B. residents are against this project. The majority of people who speak in favor of this project are employees, former employees, or are in some way connected to Lanterman. Following discussion, C/Herrera moved, C/Huff seconded, to request that Sue Sisk, Chairman of the Lanterman Expansion Project Task Force, prepare a final report to the Council and that 1) the Lanterman Developmental Center Expansion Project Task Force be dissolved, and 2) that an Advisory Committee be created and Chaired by Council Member Herrera and that Council Member Huff serve as the Vice Chair with thirteen additional members being appointed by the Chair and Vice Chair. 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 C/Herrera announced that the meeting scheduled for July 12 is cancelled. It is likely that the next meeting will be scheduled for July 19 and committee members will be notified by phone and/or mail. 8.4 AMENDMENT TO CONTRACT WITH SHEPPARD, MULLIN, RICHTER AND HAMPTON, LLP - On April 20, 1999, the City approved a contract with the law firm of Sheppard, Mullin, Richter and Hampton, LLP (SMRH). SMRH has been retained to prepare and proceed with litigation against the State of California related to the environmental documentation process for the proposed Lanterman Developmental Center Forensic Expansion Project. The contract amount at that time was not to exceed $50,000 for the initial preparation of the litigation. It is necessary to increase this amount to a not to exceed amount of $100,000 to cover costs for the ongoing legal process. C/Ansari moved, C/Herrera seconded, to approve an amendment to the contract for legal services related to the Lanterman Developmental Center Forensic Expansion Project with the firm of Sheppard, Mullin, Richter and Hampton, LLP, in the amount of $50,000. Motion carried by the following Roll Call vote: JULY 6, 1999 PAGE 10 CITY COUNCIL 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. 8.5 RESOLUTION NO. 96-531: RESOLUTION OF THE CITY OF DIAMOND BAR SETTING FORTH PERSONEL RULES AND REGULATIONS REGARDING THE PAYMENT OF SALARIES, SICK LEAVE, VACATIONS, LEAVES OF ABSENCES AND OTHER REGULATIONS - On June 15,1999, Council approved the 1999-2000 budget, including a 2% cost -of -living increase for all employees (except the City Manager). In addition, the Resolution and attached salary schedule reflect the new position of Public Works Supervisor and reclassification of Administrative Assistant to Senior Administrative Assistant. The position of Deputy City Clerk is proposed to be reclassified to Assistant City Clerk. These reclassifications do not include salary adjustments. C/Ansari moved, C/Herrera seconded, to adopt Resolution No. 96-531 setting forth personnel rules and regulations regarding the payment of salaries, sick leave, vacations, leaves of absences and other regulations. 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 8.6 SECOND READING OF ORDINANCE NO. 08(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 - On June 15, 1999, Council approved first reading, by title only, of an Ordinance adopting the County Fire Code. The L.A. County Fire Department is currently providing fire protection services for D.B. as a member of the Consolidated Fire Protection District. 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 and revisions are consistent with revisions of the Building Codes. Local jurisdictions are required to adopt said codes by ordinance within six months of JULY 6, 1999 PAGE 11 CITY COUNCIL 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 a city. C/Ansari moved, C/Herrera seconded, to approve second reading by title only, waive full reading and adopt Ordinance No. 08(1999) adopting Title 32, Fire Code and Amending Title 16 of the D.B. Municipal Code. 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. 99-58: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING A STEVEN M. TAMAYA MEMORIAL FUND for the enhancement of parks within the City of Diamond Bar. MPT/O'Connor moved, C/Ansari seconded, to adopt Resolution No. 99-58. 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 ORDINANCE NO. 09(1999): AN ORDINANCE AMENDING DIAMOND BAR PREFERENTIAL PARKING DISTRICT NO. 2, RESTRICTING PARKING THEREIN AND AMENDING THE DIAMOND BAR MUNICIPAL CODE ACCORDINGLY - Council reviewed the parking situation on Fallow Field Drive and Pasco Court on June 1, 1999 and directed staff to amend Preferential Parking District No. 2 by instituting "No Parking, 8:00 a.m. - 5:00 p.m., Monday - Friday, Except by Permit" from 3200 Fallow Field Drive to Malad Court, including all of Pasco Court, for residential parking. In addition, Council directed staff to develop limited, less than 7 parking spaces, employee parking for First Mortgage Corporation (FMC) on the east side of Fallow Field Drive. It is recommended that only commercial parking permits be issued. Along the west side of Fallow Field Drive from Brea Canyon Cutoff Road to Pasco Court, there will be "No Parking Anytime." Implementation of uniformity of these signs will accommodate both the residents and business needs and will JULY 6, 1999 PAGE 12 CITY COUNCIL assist in enforcement of the parking regulations. MPT/O'Connor reiterated her belief that the City should not be issuing permits to allow businesses to park on City streets and stated that she was opposed to that element of this Ordinance. C/Ansari reported that a resident called her and expressed the fact that they were extremely irate about the City allowing commercial parking on residential streets. Following discussion, C/Huff moved, C/Ansari seconded, to introduce first reading by title only and waive full reading of Ordinance No. 0X(1999) amending D.B. Preferential Parking District No. 2 as amended to include 5 parking spaces on both the westerly and easterly sides of the street. 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 9.3 RESOLUTION NO. 99-59: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, DECLARING ITS OPPOSITION TO THE SITING AND CONSTRUCTION OF ANY REFUSE MANAGEMENT FACILITY IN THE VICINITY OF THE SPADRA LANDFILL - The Spadra Landfill is expected to close next year in Spring 2000, and the City of Pomona is trying to secure a few acres at the Spadra Landfill in order to build a trash -transfer station. In fact, recently, the Pomona City Council removed the 1,000 ton - per -day trash limit for a future trash -transfer station. With the acreage and the lack of a ton -per -day trash limit, Pomona has the potential to build a large, regional facility. This Resolution would state the City's opposition to the siting and construction of any refuse management facility at Spadra Landfill. CM/Belanger stated that staff would send copies of the Resolution to the Sanitation District, Cal Poly Pomona, Mt SAC, Cities of Walnut and Pomona, Lanterman, etc. MPT/O'Connor suggested sending copies to surrounding cities as well. C/Huff moved, MPT/O'Connor seconded, to adopt Resolution No. 99- 59 declaring opposition to the siting and construction of any refuse management facility at Spadra Landfill. Motion carried by the JULY 6, 1999 PAGE 13 CITY COUNCIL following Roll Call vote AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 9.4 DISCUSSION OF REQUESTING FCC CHANGES IN POLICY REGARDING AREA CODES - The State is experiencing a proliferation of new area codes. In 1997, there were only 14 area codes for the entire State and by the end of 1999 there will be 26. With the institution of new codes, the California Public Utilities Commission (CPUC) has instituted both geographic splits and overlays. The geographic splij allows one portion of the affected area to keep the existing area code, and a new area code is instituted in a specific geographic location. Overlays add a new area code within the same territory as an existing area code and other codes function simultaneously. With the two area codes, all calls need to use 11 - digit dialing. In California, there are approximately 180 million phone numbers allocated to telecommunications companies. The CPUC reports that only 37 million of these numbers are in use. The CPUC has petitioned the FCC for relief through Block Number Assignments and Technology Specific area code overlays. The L.A. County Board of Supervisors has supported the CPUC's petitions. C/Huff moved, C/Ansari seconded, to send a letter in support of an FCC waiver regarding block number assignments and technology specific area code overlays. 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 9.5 CODE ENFORCEMENT SUBCOMMITTEE APPOINTMENTS - Currently, the Code Enforcement Officer works closely with Public Works and Building & Safety staff to deal with code enforcement related problems. At the June 15, 1999 Study Session, it was suggested that a Council subcommittee be appointed to review Code Enforcement issues. The purpose of the subcommittee is to review Code Enforcement and make recommendations to the City Council. MPT/O'Connor offered to serve on the committee. C/Huff moved, C/Herrera seconded, to appoint the Mayor and Mayor JULY 6, 1999 PAGE 14 CITY COUNCIL Pro Tem to the subcommittee as this is such an important topic. Martha Bruske commended Council on formation of the subcommittee and stated that she would be glad to provide input on this matter. Clyde Hennessee suggested that the City identify the Code Enforcement Officer and the vehicle that he drives. Jeff Koontz stated that there will be an educational campaign taking place within the next month advising residents about code enforcement issues. 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 9.4 SUPPORT OF HR1315 (Dreier) PUBLIC SERVICES CAP - The Community Development Block Grant (CDBG) program was established through the Housing and Community Development Act of 1974. The primary program of each grantee under the Title is development of viable urban communities by providing decent housing and a suitable living enforcement and expanding economic opportunities, principally for persons of low and moderate income. The use of CDBG funds must meet the primary national objectives: (1) benefit low and moderate income persons; (2) address slum or blight; or (3) meet a particular urgent community development need. The funds may be used for a variety of Community Development activities, which develop a viable urban community, principally for persons of low and moderate -income levels. Of the City's total yearly allocation, a portion (15%) may be allocated toward community service projects. Due to the L.A. riots, there was a five-year exception to the 15% public service cap, increasing it to a 25% public service cap. The 25% public service cap exception reached the sunset clause in FY 97-98. Local cities and the County have been lobbying to create permanent retention of the 25% public service cap. In addition, the League of California Cities is recommending additional flexibility in the use of all CDBG Funds. HR 1315 eliminated the fiscal year limitation on the percentage of CDBG funds received by the City and County (and all cities in L.A. County) that may be used to provide public services. The bill would allow for local control for the most efficient use of CDBG Funds. Dr. Lawrence Rhodes asked Council to support HR 1315. JULY 6, 1999 PAGE 15 CITY COUNCIL C/Ansari moved, C/Herrera seconded, to support HR 1315 (Dreier) and send letters in support to the Representative on the Committee on Banking and Financial Services. 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 9.6 SUPPORT OF SB 676 REGARDING RECYCLED PAPER PRODUCTS: STATE PURCHASING - The State Assistance for Recycling Markets Act of 1989 requires the Department of General Services to set a goal for purchase of recycled paper products by state agencies of at least 50% of paper products purchased. All state agencies are required to submit to the Department and the California Integrated Waste Management Board a plan to meet this goal. These provisions would be repealed, under existing law, on January 1, 2001. SB 676 is an act to amend Section 12162 of the Public Contract Code relating to recycling. The bill would provide that purchasing 50% recycled paper products is a requirement rather than a goal and would delete the requirement that state agencies submit plans related to the recycled paper product purchasing. The bill would also delete the repeal provision. Without sustained demand for recycled products, jurisdictional efforts to achieve AB 939's 50% waste reduction mandate will fail, resulting in penalties up to $10,000 per day. In this event, separated materials will ultimately find their way to landfills which is contrary to the goal of AB 939. C/Ansari moved, C/Herrera seconded, to support SB 676 regarding State purchasing of recycled paper products. 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 RECESS TO REDEVELOPMENT AGENCY MEETING: M/Chang recessed the City Council Meeting to the Redevelopment Agency at 10:15 p.m. RECONVENE CITY COUNCIL MEETING: M/Chang reconvened the City Council meeting at 10:19 p.m. 10. COUNCIL SUB -COMMITTEE REPORTS AND MEMBER COMMENTS: C/Huff stated that residents have expressed to him that they are JULY 6, 1999 PAGE 16 CITY COUNCIL concerned about the number of study sessions being conducted by the Council and that they are not held in the public arena. He encouraged Council to conduct fewer study sessions and more of its business during the regular meeting time. Residents have expressed concerns about the cable increase and the applicable City tax. He stated that there is no tax. There is a franchise fee that has been in effect since the 1970's, which was implemented by the County. A year ago, this item was split out on the statement, which has caused this concern. He explained Council's discussion and ultimate decision with respect to the Lanterman Weed Abatement Contract, which has no bearing on current discussions regarding the potential expansion project. Regarding comments that Council Members need to spend more time at home, D.B. is not an island unto itself and matters of concern to residents are shared by many communities and regions. He spoke about how regional matters affect the City and its residents. C/Ansari thanked C/Huff for clarifying the issue of why Council Members work on a regional basis on behalf of the City. She spoke about her four and one-half years of work on the SCAG Solid Waste Committee and her attendance as a member of the League of Cities Energy and Environment committee. She recently testified before the L.A. Regional County Water Board on the storm water permit. She has received several telephone calls from concerned citizens regarding the way the trash is picked up and that pickup days have been changed. Council Members are very involved with many efforts that affect the City. C/Herrera reiterated C/Huff and C/Ansari's comments in response to comments made by one of the residents that the Council Members need to stay at home and tend to business. While issues occurring at home are very important, D.B. is affected by decisions made in Sacramento and the City needs to do what it can in order to influence those decisions for the betterment of the community. She stated that, as a Council Member, she knows about public safety and citizen rights, which is the capacity in which she will be serving on the advisory committee. She was pleased to have an opportunity to make a positive impact in this area. She believed that the overall long-term solution to the Lanterman issue is to have an affect on policy made in Sacramento by the State, which cannot be done by remaining at home. MPT/O'Connor stated that the Concerts in the Park series has been well attended. She encouraged everyone to participate. On June 19, she attended the D.B. Chinese Association's Installation Dinner. She thanked Past President Andrew Hsu for his excellent work and congratulated incoming President George Kuo, who serves as a Planning Commissioner for the City. On June 21, she and C/Ansari attended the Grand Opening of the Asian Crime Task Force Headquarters in the City of Industry and also on JULY 6, 1999 PAGE 17 CITY COUNCIL that same date, held a Minnequa Landslide Subcommittee meeting. On June 22, she attended the Chamber Mixer for new members. The Chamber is very actively recruiting local businesses. She encouraged people to attend the Chamber's July 27 Small Business Seminar. On June 23, she attended the Walnut Valley Rotary Dinner for sports celebrities. On Thursday, she played golf with Olympic Decathlon participant Dave Johnson. On Saturday and Sunday, she attended the D.B. Amateur Radio Society Field Day at Summitridge Park. On June 29, she met with Walnut School Board Member Dr. Lee and Superintendent Dr. Hockwalt concerning their intention for their vacant properties. She thanked the Community/Civic Center Task Force members for their fine presentation to Council on June 29. On July 1, the Finance Committee met to review the warrant register. She asked that the matter of trash pick up days and schedule be agendized. She thanked the other Council Members for their dedication to evening and out of town meetings. She will attempt to continue to do as much as possible at the local level. She agreed that the Council cannot be effective if it pays attention only to local issues. Regional issues affect the City and the Council must deal with those issues in order to do the best possible job for the community. M/Chang invited residents to participate in the Concerts in the Park series and especially invited the Lanterman residents to participate. He commended the Chinese Association members for their many contributions to the City. He commended Lee Baca, L.A. County Sheriff for his contribution to the Asian community by establishing the Asian Task Force. He spoke about visiting former President Reagan's Ranch in Santa Barbara during his recent vacation. He also met with Walnut Valley School Board members and the Superintendent regarding the use of vacant lands. He thanked the Manager of Von's Super Market for visiting D.B. He stated that the City must participate in regional and state matters in order to improve the community. 11. ADJOURNMENT: There being no further business to conduct, M/Chang adjourned the meeting at 10:55 p.m. in memory of Steve Tamaya. ATTEST: Mayor LYNDA BURGESS, City Clerk NEINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION NNE 8, 1999 CALL TO ORDER: 6 2..) Chairman Tye called the meeting to order at 7:05 p.m. in the South Coast Air Quality Management -Auditorium, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Commissioner Ruzicka. ROLL CALL: Present: Chairman Steve Tye, Vice Chairman Steve Nelson, and Commissioners George Kuo, Joe McManus, and Joe Ruzicka. Also Present: James DeStefano, Deputy City Manager; David Liu, Deputy Director of Public Works; Ann Lungu, Associate Planner; Sonya Joe, Development Services Assistant, and Stella Marquez, Administrative Secretary. MATTERS FROM THE AUDIENCEIPUBLIC COMMENTS: None APPROVAL OF AGENDA: As presented. CONSENT CALENDAR: 1... Minutes of May 25, 1999. C/Ruzicka moved, C/Kuo seconded, to approve the minutes of May 25, 1999, as presented. Motion carried 5-0. OLD BUSINESS: None NEW BUSINESS: 1. Capital Improvement Program. DCM/DeStefano presented staffs report. He explained that staff has reviewed the list and concluded that all of the proposed projects are consistent with the City's General Plan. Staff recommends that the Planning Commission review the Fiscal Year 1999-2000 Capital Improvement Program for conformance with the City's General Plan pursuant to California Government Code Section 65401. DCM/DeStefano responded to C/Ruzicka that the skateboard park is a project that is listed within the adopted Parks Master Plan. Members of the community asked that this project be considered as a part of the 1999/2000 Capital Improvement Plan. During preliminary budget discussions the City Council concluded d: \\min utes\j u n e8 1999. doc JUNE 8, 1999 PAGE 2 that this project should be considered within the upcoming budget year. The proposed location for th project has not yet been identified. There has been discussion about including such a facility within an existing City park such as Pantera Park or Peterson Park. There has also been some discussion of locating the facility at the end of Sunset Crossing Road between the YMCA facility and the Little League facility. Chair/Tye said that there is a great deal of community interest in this project and he hopes a suitable location can be found to accommodate a skateboard park. VC/Nelson said he hopes the location will serve to be flexible so that if skateboarding is no longer in vogue that the site will have other uses. DDPW/Liu responded to Chair/Tye's request for clarification of location and reason for'the Diamond Bar Boulevard at Northbound SR -57 intersection. He indicated that staff feels there is a need for four signalized intersections within close proximity in order to regular peak hour traffic for the on/off southbound motorists. There was no member of the public present who wished to speak on this matter. C/Ruzicka moved, C/McManus seconded, to adopt Resolution 99-14 finding the proposed Fiscal Year 1999/2000 Capital Improvement Project listing in conformity with the City's General Plan. Motion carred by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS ABSTAIN: COMMISSIONERS CONTINUED PUBLIC HEARING: Kuo, McManus, Ruzicka, VC/Nelson, Chair/Tye None None None 1. Conditional Use Permit No. 98-7, Development Review No. 98-12 and Variance No. 99-2 (pursuant to Code Section Chapters 22.58, 22.48 and 22.54) is a request to construct an automated car wash. The car wash will consist of the following: A wash tunnel; retail sales boutique, approximately 2,089 square feet; three -bay lube center, 1,140 square feet; detail center with office, approximately 1,467 square feet; six -bay auto service center, approximately 4,150 square feet; fuel dispensers; vacuum, queuing and drying areas; two platforms to display new car sales, and retaining wall with a maximum height of 18 feet. The Variance is requested due to the retaining wall's height in excess of six feet. (Continued from May 25, 1999). PROPERTY ADDRESS: 515 S. Grand Avenue Diamond Bar, CA 91765 PROPERTY OWNER/ Mathew Tachdjian APPLICANT: Col -Am Properties, LLC P.O. Box 4655 Diamond Bar, CA 91765 dAVninutes\june8 1999.doc JUNE 8, 1999 PAGE 3 DCM/DeStefano presented staff s report. Staff recommends that the Planning Commission open the Public Hearing, receive public testimony and continue the project's Public Hearing to June 22, 1999, in order to give staff an opportunity to review the pertinent information provided by the applicant and traffic engineer. VC/Nelson reiterated that if the inflatables are not needed as a competitive advantage, he would like to see them removed. Chair/Tye re -opened the Public Hearing. Bill Schubert, speaking for the applicant, said that he agrees with staffs recommendation to continue this matter to June 22, 1999. The applicant is aware .of some discrepancies in the traffic studies. The traffic engineer and staff will meet tomorrow to work out some of these discrepancies. There was no one present who wished to speak on this matter. C/McManus moved, C/Ruzicka seconded, to continue the Public Hearing for Conditional Use Permit No. 98-7, Development Review No. 98-12, and Variance No. 99-2, to June 22, 1999. Motion carried 5-0. DCM/DeStefano stated that staffs report will address Commissioner's concerns including VC/Nelson's concerns regarding the inflatables. PUBLIC HEARING: 1. Conditional use Permit No. 99-2, Minor Conditional Use Permit No. 99-4 (pursuant to Code Section 22.58 and 22.56) is a request to provide dancing (through the Conditional Use Permit process), outdoor dining and the sale and on-site consumption of beer and wine (through the Minor Conditional Use Permit process) at an existing restaurant structure (previously identified as Casa OBrien) that will be reopened as Cafe Illustrado. PROJECT ADDRESS: 22640 Golden Springs Drive Diamond Bar, CA 91765 PROPERTY OWNER: Jae Choon Shin 1020 S. Los Angeles Street, Suite B Los Angeles, CA 90015 APPLICANT: James Carson 1241 S. Grand Avenue, Unit H Diamond Bar, CA 91765 AssocP/Lungu presented staff s report. Staff recommends that the Planning Commission approve Conditional Use Permit No. 99-2, Minor Conditional Use Permit No. 99-4, and Negative Declaration No. 99-6, Findings of Fact and conditions of approval as listed within the attached resolution. dAVninutes\june8 1999.doc JUNE 8, 1999 PAGE 4 AssocP/Lungu responded to Chair/Tye that dancing is proposed for special occasions and private partie only. This can be specified, as a condition of approval if requested by the Commission. Exhibit A states that existing windows will be removed. DDPW/Liu indicated to Chair/Tye that this project may present an opportunity to modify the Golden Springs Drive driveway. When the applicant seeks an encroachment permit, staff will look at the opportunity to widen or modify the driveway. AssocP/Lungu confirmed that the patio hours are the same as the hours of operations, according to the application. Jim Carson stated that the patio will be used only up until about 10:00 p.m. He clarified that the ballroom dancing is not just for special occasions. The restaurant plans to offer ballroom dancing on Friday and Saturday nights every week. In addition, dancing will be offered for special occasions. Chair/Tye opened the public hearing. There was no one present who wished to speak on this item. Chair/Tye closed the public hearing. Chair/Tye asked if, as a part of the Conditional Use Permit, the City can limit the hours of beer and wing being served. AssocP/Lungu responded that as part of the condition of approval the Commission may do what it believes is reasonable and appropriate according to ABC. On weekends the applicant may wish to. serve a brunch and the Commission needs to take these matters under consideration. Mr. Carson responded to Chair/Tye that he does not intend to serve wine and beer in the morning hours. He would like to be able to serve wine and beer until 2:00 a.m. Between the hours of 11:00 a.m. to 2:00 a.m. would be reasonable. He said he plans to serve brunch every Sunday from 10:00 a.m. until 3:00 p.m. C/Ruzicka offered that 10:00 a.m. to 2:00 a.m. seven days a week is a reasonable approach to this matter. Mr. Carson concurred. Mr. Carson responded to Chair/Tye that he believes that restricting the serving of wine and beer to glass containers and not bottles would impede in terms of how a customer could move around from the bar to the patio area. C/McManus moved, C/Ruzicka seconded, to approve Conditional Use Permit No. 99-2, Minor Conditional Use Permit No. 99-4, and Negative Declaration No. 99-6, Findings of Fact and conditions as listed withir the resolution subject to the hours of serving of wine and beer be limited to 10:00 a.m. to 2:00 a.m. sever days a week. Motion carried by the following Roll Call vote: d:\4ninutes\j une8 1999.doc JUNE 8, 1999 PAGE 5 AYES: NOES: COMMISSIONERS: Kuo, McManus, Ruzicka, VC/Nelson, Chair/Tye COMMISSIONERS: None ABSENT: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None PLANNING COMMISSION COMMENTS: C/Ruzicka said he was somewhat disturbed to see so many traffic signals proposed for the City. He said he hopes there is some thought to expediting traffic movement that does not involve traffic signals. He stated he has noticed that traffic signals at Montefino Avenue and Quail Summit Drive are coordinated to stop traffic rather than create a smooth traffic flow. DDPW/Liu pointed out that the new installations on Diamond Bar Boulevard are in the process of timing coordination implementation. When this is implemented, the motorists will not experience the concerns expressed by C/Ruzicka. The signals provide safer and easier ingress/egress to the side streets. INFORMATIONAL ITEMS: 1. Public Hearing dates for future projects. SCHEDULE OF FUTURE EVENTS: As listed in the agenda. ADJOURNMENT: C/McManus moved, VC/Nelson seconded, to adjourn the meeting. There being no further business to come before the Planning Commission, Chair/Tye adjourned the meeting at 8:10 p.m. Respectfully Submitted, James DeStefano Deputy City Manager Attest: Steve Tye j Chairman dAVninuteslj une8 1999.doc CITY OF DIAMOND BAR MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION JUNE 10, 1999 CALL TO ORDER: Chair Morris called the meeting to order at 7:15 p.m. at the South Coast Air Quality Management District Hearing Board Room, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by Commissioner Lin. ROLL CALL: Commissioners: Chair Morris, Vice -Chair Virginkar, and Commissioners Istik and Lin. Absent: Commissioners Leonard -Colby was excused from the meeting. Also Present were: David Liu, Deputy Director of Public Works; John Ilasin, Engineering Intern; Sonya Joe, Development Services Assistant; and Sharon Gomez, Administration Secretary: I. APPROVAL OF MINUTES: A. Minutes of May 13, 1999. VC/Virginkar moved, C/Lin seconded, to approve the minutes of the regular meeting of May 13, 1999 of the Traffic and Transportation Commission as amended. Motion approved with the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSTAIN: COMMISSIONERS ABSENT: COMMISSIONERS Lin, VC/Virginkar, Chair/Morris None Istik Leonard -Colby H. COMMISSION COMMENTS: C/Lin stated that "Tonner" Canyon is misspelled on the Fiscal Year 1999-2000 Goals and Objectives listing. Chair/Morris stated he would like for staff to be authorized to check Commissioner's mail for its validity and timeliness and if it is junk mail, file it accordingly. VC/Virginkar said that he would like any mail addressed as "confidential" to be held for the Commissioners. JUNE 10, 1999 PAGE 2 III. PUBLIC COMMENTS: Dr. Lawrence Rhodes spoke about cameras used to take pictures of license plates of persons who run red lights. He recommended that the City place boxes at the major intersections of the City, especially on downhill grades such as Grand Avenue at Diamond Bar Boulevard, Brea Canyon Road northward, and any other locations the Sheriff determines to be appropriate. He said he believes it will generate revenue for the City and prevent the need for additional deputies. Chair/Morris asked that staff obtain information from the Sheriffs Department regarding the system and provide a report to the Commission. DDPW/Liu indicated he will relay the Commission's request for information. If the information is available, staff will schedule this matter for discussion at the July 8 meeting. Chair Morris commented that with respect to the School Traffic Study, each school in the Pomona Unified School District including the schools in North Diamond Bar (Lorbeer Junior High School, Armstrong Elementary School, Diamond Point Elementary School and Golden Springs Elementary School) were each given $100,000 as a result of a bond issue. His school is spending a little more than half of that amount on field and traffic improvements. He suggested that the Commission send a letter to some of the schools suggesting that they use these funds for mitigation measures recommended by the Traffic Study. IV. CONSENT CALENDAR: None V. OLD BUSINESS: A. Traffic Investigation along Longview Drive. DDPW/Liu presented staffs report. Approximately 150 residents along Longview Drive and adjacent cul-de-sacs have been invited to attend tonight's meeting. However, there are no residents present to speak on this matter. Previously, one resident felt that Nan Court would be a better location than Thunder Trail. Staff recommends that the Traffic and Transportation Commission concur with staffs recommendation to install multi -way stop signs at the intersection of Longview Drive/Thunder Trail and forward the recommendation to the City Council. C/Istik stated that he feels that stop signs are not an effective speed control device. Chair/Morris said he views stop signs in residential areas differently from stop signs along major arterials. He believes that residential stop signs serve to return some of the quality of life to the neighborhood. JUNE 10, 1999 PAGE 3 C/Istik said he believes the City is introducing double yellow lines and stop signs rather quickly into residential neighborhoods which tends to provide the look of a residential neighborhood that has traffic problems. VC/Virginkar stated that he believes the Commission has been very cautious in approving residential stop signs. He does agree with C/Istik that stop signs do not necessary completely slow down or reduce the speeding, but in a residential environment it is his experience that 99 percent of drivers respect the stop sign. Traffic studies have shown that there is a safety concern related to this particular intersection. In his opinion, a 6000 foot long stretch of street invites speeding, especially coming downhill from Leyland Drive to Grand Avenue. He feels that the stop sign will provide a positive contribution. Following discussion, VC/Virginkar moved, C/Lin seconded, to concur with staffs recommendation to install multi -way stop signs at the intersection of Longview Drive/Thunder Trail and forward its recommendation to the City Council. Motion carried by the following Floll Call vote: AYES: COMMISSIONERS: Lin, VC/Virginkar, Chair/Morris NOES: COMMISSIONERS: Istik ABSENT: COMMISSIONERS: Leonard -Colby VI. NEW BUSINESS: A. Fiscal year 1999-2000 Goals and Objectives of the Traffic and Transportation Commission. DDPW/Liu presented staffs report. Staff recommends that the Commission review the information and direct staff as necessary. DDPW/Liu responded to the Commission that off-site and overnight parking is an ongoing issue and therefore has not been placed on the City Council's goals for FY 1999-2000. Conclusions will be based upon consideration of City street sweeping and trash pickup. Chair/Morris asked staff to reconsider Monday trash pickup rather than Tuesday pickup as well as, consideration of different rates paid by residents. DDPW/Liu explained that these and other issues are currently under consideration. Following discussion, the Commission concurred to deliver their comments and priorities to DDPW/Liu by June 30, 1999. Staff will provide an updated listing for the Commission's July 8 meeting based upon the Commissioner's input. JUNE 10, 1999 PAGE 4 VII. STATUS OF PREVIOUS ACTION ITEMS: DDPW/Liu stated that on May 18, 1999 the City Council approved the Commission's recommendation to install multi -way stop signs on Ballena Drive at Palomino Drive. On June 1, 1999 the City Council discussed the Fallowfield Drive parking issue and the recommendations from the Commission and from staff. The Council has directed staff to look at issuing no more than 7 permits for First Mortgage Corporation within the City's jurisdiction. Staff will present its report to the Council in July. The Commission discussed this matter extensively commenting that it sets a precedence to allow businesses to park on the street in front of their business, that this represents a "gift of public funds" for the business and that such a precedent setting decision should be fully reviewed by the City Attorney, C/Istik moved, VC/Virginkar seconded, to add the matter of permit parking on Fallowfield Drive to tonight's agenda as an emergency item. Motion carried 4-0 by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS Istik, Lin, VC/Virginkar, Chair/Morris None Leonard -Colby Chair/Morris moved, C/Istik seconded, to strongly recommend to the Council that they reconsider this matter. The Commission has strong reservations against allowing business preferential parking on Fallowfield Drive or any other street in the City which would essentially present a "gift of public funds" to businesses and set a citywide precedent. Further, this matter should be fully reviewed by the City Attorney prior to taking any action. Motion carried 4-0 by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS Istik, Lin, VC/Virginkar, Chair/Morris None Leonard -Colby DDPW/Liu reported that at its June 1 meeting, the Council approved the plans and specifications for the proposed traffic signals on Brea Canyon Road at Diamond Crest, Glenbrook Drive and Golden Springs Drive. VIII. ITEMS FROM COMMISSIONERS: C/Istik said he believes that because there is a public school, a mobile home park, and residences in the area, that Lycoming Street's speed limit between Brea Canyon Road and Lemon Avenue should be reduced to 25 mph to follow along with the Commission's previous recommendation to make all residential streets 25 mph. IX. ITEMS FROM STAFF: A. Written presentation: Monthly Traffic Enforcement Update for May, 1999 included in Commissioner packets. JUNE 10, 1999 PAGE 5 B. & C. Verbal Presentation by DDPW/Liu regarding parked trailer on Golden Prados Drive as well as the parked motor homes on Rolling Knoll Drive and Country View Drive at Grand Avenue. He stated that at this time, this matter will be referred to the Sheriffs Department since the only provision regarding this concern is the 72 hour provision. In addition, the City will approach the property owners to voluntarily assist the City in addressing these concerns. X. INFORMATIONAL ITEMS: A. Future Agenda Items. 1. Parking on residential streets near Diamond Bar High School. 2. The matter of CalTrans approval for use of florescent signs around school areas. Chair/Morris asked that the matter of enforcement of the left turn signal light on Diamond Bar Boulevard at Goldrush Drive stop light be agendized as an informational item. XI. SCHEDULE OF FUTURE CITY MEETINGS: As agendized. ADJOURNMENT: VC/Virginkar moved, C/Istik seconded, to adjourn the meeting. There being no further business to come before the Traffic and Transportation Commission Chair/Morris adjourned the meeting at 8:36 p.m. Respectfully, /s/ David G. Liu David G. Liu Secretary Attest: /s/ Roland Morris Roland Morris Chair CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO X 1 TO: Honorable Mayor and Members of the City Council MEETING DATE: July 20, 1999 REPORT DATE: July 14, 1999 FROM: Terrence L. Belanger, City Manager TITLE: Exoneration of Cash Deposit in Lieu of Grading Bond (Faithful Performance, Labor & Material) for Lots 13,14,15,16, Tract 30093, (2112/212212132/2142 Indian Creek Road) in Diamond. Bar. SUMMARY: The Principal, Gina Gasparian Sarkissian, requests the release of the Cash Deposit in Lieu of Grading Bond for improvement security as required in accordance with the Subdivision Map Act The Public Works Division finds that the Principal performed all works as shown on the grading plan on file with the City. RECOMMENDATION: It is recommended that the City Council approve the exoneration of Cash Deposit in Lieu of Grading Bond (Faithful Performance, Labor & Material), in the amount of $35,100 posted with the City on April 17, 1995 and that the City Clerk notify the Principal and Surety of this action. LIST OF ATTACHMENTS: X Staff Report Public Hearing Notification Resolution(s) Bid Specification Ordinance(s) Other (Permit copies and copy of bond) 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? N/A _ Yes _ No Which Commission? 5. Are other departments affected by the report? NIA Report discussed with the following affected departments: REVIEWED BY: 11,&J ---I— Terrence L. Belan City Manager 0 WORD-IPNDANGENWGASPPRIAN INDIAN CREEM RO,,D AGE JaKes DeStefano Deputy City Manager a d 6. rku Deputy Director of Public Works MEETING DATE: TO: FROM: SUBJECT: & Material) for Lots Bar. 61TY 66UI461L IW -611? AGENDA NO. July 14,1999 Honorable Mayor and Members of the City Council Terrence L.Belanger, City Manager Exoneration of Cash Deposit in Lieu of Grading Bond (Faithful Performance, Labor 13, 14, 15, 16, Tract 30093, (211212122/213212142 Indian Creek Road) in Diamond ISSUE STATEMENT Consider exoneration of Cash Deposit in Lieu of Grading Bond for improvement security as required in accordance with the Subdivision Map Act. RECOMMENDATION It is recommended that the City Council approve the exoneration of Cash Deposit in Lieu of Grading Bond (Faithful Performance, Labor & Material), in the amount of $35,100 posted with the City on April 17, 1995 and that the City Clerk notify the Principal and Surety of this action. FINANCIAL SUMMARY This action has no fiscal impact on the City. BACKG ROU NDIDISCUSSION In accordance with Section 66462 of the Subdivision Map Act, the City entered into an agreement with Gina Gasparian Sarkissian to complete grading improvements located at Lots 13, 14, 15, and 16, Tract 30093, on Indian Creek Road. The owner guaranteed faithful performance of this agreement by posting with the City on April 17, 1995, an Investment CD in lieu of a grading bond for grading improvements. Final inspections were approved on June 29, 1995 by the City's consultant, Mr. Jon Bourgeois of Hall and Foreman, Inc. (ATTACHMENT ml"). Final grading "As Built Plans" were approved by the City Engineer and permits closed July 11, 1995. Subsequently, retaining walls for the above projects were issued on separate permits and completed. Bonds are not required for retaining walls. The Principal requested exoneration May 18,1999 (ATTACHMENT '7). The following bond (ATTACHMENT "3n) is recommended for exoneration: Account: Commerce National Bank, Cash Deposit in Lieu of Grading Bond Amount: $35,100 Reason: All grading and retaining wall improvements have been completed and approved by the City. PREPARED BY: Linda Kay Smith Development Services Assistant ATTACHMENT "1" 2- CITY OF DIAMOND BAR 21660 E. COPLEY DRIVE. SUITE 100 DIAMOND BAR, CA 91765 71.4 -860 -CITY 714860-2489 SUPERVISED GRADING INSPECTION CERTIFICATE JOB ADDRESS/TRACT NO. 2112,2122,2132,2142 Indian Creek PERMIT NO. OWNER Road, Diamond Bar CONTRACTOR_ NPw astle Construction SOILS ENGINEER'S ROUGH GRADING CERTIFICATION I certify that the earth fills placed on the following lots were installed upon competent and properly prepared base material and - compacted in compliance with requirements of Building Code section 7010. I further certify that where the report or reports of an engineering geologist, relative to this site, have recommended the installation of buttress fills or other similar stabilization measures, such earthwork construction has been completed in accordance with the approved design. LOT NOS. See report dated-Z.S Q S for compaction test data, recommended allowable sail tearing values and other recommendations. EXPANSIVE SOILS fjg) (NO) LOT 3UTTRESS FILLS ( YES ) LOT MOS./,, �� •. ; No. GE eaS :ngineer i ` J}`p� '� '� signature �f CAUFpFi �; Date • ,r l :UPERVISING GRADING ENGINEER'S ROUGH GRADING CERTIFICATION certify to the satisfactory completion of rough grading 'including: grading to approximate inal elevations, property lines located and staked; cut and fill slopes correctly graded nd located in accordance with the approved design; swales and terraces graded ready for aving, berms installed; and required drainage slopes provided on the building pads. I urther certify that where report or reports of an engineering geologist and/or soils ngineer have been prepared relative to this site, the recommenda ' contained in such eports have been followed in the presecution of the work. OT NOS. 13, 14, 15, & 16 opp�OFEs`Slp,�` \tiE h C F EMARKs Ap per "As B t" Plan dated June 14, 1995 Q 0A M m zgine a herine A. Connen Reg. No. 34495a 9-95 JPERVISING GRADING ENGINEER'S FINAL GRADING CERTIFICATION �,� CIV%I OF CJJ SFS' i certify to the satisfactory completion of grading in accordance with the approved plans. All required drainage devices have been installed; slope planting established.and irriga- tion systems provided (where required); and adequate provisions have been made for drainage of surface waters from each building site. The recommendations of the soils engineer and/ or engineering geologist (if such persons were employed) have been incorporated in the work )T NOS. MARKS gineer Req. No. Date L�/��,:•�. /1 /1v-,0 Z1 .4. I, Gina Gasparian Sarkissian, deposited cash in the amount of $35,000.00 into the Commerce National Bank in lieu of a grading bond. A copy of the consent form is included as exhibit "a". The bond was for grading on lots 13,14,15 and 16 of tract #}30093. Lot 15 and 16 were finalized in approx. 1996; Lot 13 and 14 were finalized recently. I'm therefor requesting that the city release the hold on these funds. Sincerely, Gina Gasparian Sarkissian 2112 Indian Creek Diamond Bar, CA 91765 KAY 1829 City of Diamond Bar MY OF Grading Department 21660 Copley Dr. Suite 190 Diamond Bar, Ca. 91765-4177 Atten: Rose Manela I, Gina Gasparian Sarkissian, deposited cash in the amount of $35,000.00 into the Commerce National Bank in lieu of a grading bond. A copy of the consent form is included as exhibit "a". The bond was for grading on lots 13,14,15 and 16 of tract #}30093. Lot 15 and 16 were finalized in approx. 1996; Lot 13 and 14 were finalized recently. I'm therefor requesting that the city release the hold on these funds. Sincerely, Gina Gasparian Sarkissian 2112 Indian Creek Diamond Bar, CA 91765 / CASH DEPOSIT IN LIED OF GRADING BOND ` (FAITHFUL PERFORML'YCE, L'.BOR & MATERIAL) ACKNOWLEDGEMIENT AND OF FINANCIAL INSTITUTION COMMERCE NATIONAL BANK (hereinafter "Financial Institution") hereby acknowledges t at Gina Gasparian Sarkissi.an (hereinafter "Depositor") has deposited w th Financial Institution the sum of $ 3 5-10 100 Financial institution acknowledges Tnd agrees that the foregoing sit stands in the name of the City of Diamond Bar, a California icipal corporation (hereinafter the "City"), and that the City is the at of such account. No funds shall be withdrawn from said account wjithout the express, written consent of the City; provided, however, that any interest earned on the deposit shall belong to the Depositor. Financial institution further acknowledges and agrees that upon written instructions from the City, Financial Institution shall immediately pay to the City such amount (not exceeding, in the aggregate, the sum specified above) as may be requested by City. Financial Institution further acknowledges and agrees that such funds shall be paid to the City notwithstanding a.ny contrary ips�ructiopg that Tftay have been given by the Depositor. Financial Institution represents I:o City and warrants that the entire amount of the principle on depos}t as provided herein is insured through the Federal Deposit Insurance Corporgtion (FDIC) or the Federal ;Savings and Loan Insurance Corporation (FSLIC). WHEREFORE, this ackpowledgement apd Ognsent �s exeFuted this day of April 17, l9 95 FINANCIAL INSTITUTION: By: BANK Bert Lloyd Glick ice President/Manager ALL PURPOSE CERTIFICATE STATE OF CALIFORNIA SS. COUNTY OF LOS ANGELES ON THIS THE 17th DAY OF APRIL 19 95 A.D. , BEFORE ME, J. E. Waian , THE UNDERSIGNED NOTARY PUBLIC PERSONALLY APPEARED Robert Lloyd Glick Vice President and Manager KNOWN TO ME ( TO BE THE PERSON( WHOSE NAME W IS/ SUBSCRIBED TO THE WITHIN INSTRU- MENT AND ACKNOWLEDGED TO ME THAT HE/ '1 EXECUTED THE SAME IN HIS CAPACITY(AAWL), AND THAT BY HIS/ SIGNATURES ON THE INSTRUMENT, THE PERSON(S) OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND AND OFFICIAL SEAL. NOTARY!RUBLIC J. E. WALAN comm. O1329208 • • /Notory Public — Cclifomla LOS ANGELES CGU My Comm. Ezpirea SEP 21,19% .11 Commerce National Bank April 17, 1995 City of Diamond Bar 21660 East Copley Drive Suite 190 Diamond Bar, Ca. 91765-4177 Attention: Anne Garvey Dear Ms. Garvey: As requested by the enclosed Consent of Financial Institution, enclosed find the signed copy of Acknowledgment and Consent of Financial Institution. If I can answer any further questions, please feel free to contact me. Sincerely, Bob Glick Vice President and Manager BG:jw Enclosures 6001 E. WASHINGTON BOULEVARD -CITY OF COMMERCE, CALIFORNIA 90040-(213) 724-8800 CITY OF DIAMOND BAR AGENDA NO. AGENDA REPORT TO: Honorable Mayor and Members of the City Council PORT DATE: July 13, 1999 MEETING DATE: July 20, 1999 FROM: Terrence L. Belanger, City Manager TITLE: Reduction of Grading Permit Bond (Faithful performance, Labor & Material) from $170,000 to $54,400 for Tract 45268 in Diamond ase of their surety SUMMARY: The Principal, the William Lyon o°dance ce , Inc. requests the with the 5ubdivisioen Map Act. The City bond for improvement security as required m a Engineering and Public Works Division finds that theincipal has provided located north o Brea Cutoff cient proof of completed grading of lots 1-28, 60-93 in Tract No. 45268 with the Road, as indicated on the final grading certificatiohe d nythe t Bond frounty on m $170 000 to William Lyon Homes, Inc. requests reduction oft g $54,400 due to lack of documentation for lots 29-59. A request for release on lots 29-59 will be posted at a later time. ction of RECOMMENDATION: It is recommended that the No. 45268 and b) direct the Council a) approve the uCity Clerk e Tract grading permit bond from $170,000 to $54,400 for to notify the Owner and Surety of this action. LIST OF ATTACHMENTS:_N_ Staff Report _ Resolution(s) _ Ordinances(s) _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTALCHECKLIST _ Public Hearing Notification _ Bid Specification x Other: Bond agreement; letter of request dated 4/29/99. 1. Has the resolution, ordinance or agreement been reviewed N/A _Yes —No by the City Attorney? Majority 2. Does the report require a majority or 4/5 vote? N/A yes _ No 3. Has environmental impact been assessed? N/A Yes _ No 4. Has the report been reviewed by a Commission? Which Commission? N/A _Yes — No 5. Are other departments affected by the report? Report discussed with the following affected departments: REVIEWED BY: Terrence L. Bel n er *aeseStefaoDai . iuCit M nager Deputy Director of Public Works City Manager p y y CITY CUUPI(7L KErVtcl MEETING DATE: July 20, 1999 AGENDA NO. TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Reduction of Grading Permit Bond (Faithful Performance, Labor & Material) from $170,000 to $54,400 for Tract 45268 in Diamond Bar. ISSUE STATEMENT Consider reduction of Grading Permit Bond for improvement securities as required in accordance with the Subdivision Map Act. RECOMMENDATION It is recommended that the City Council a) approve the reduction of the Grading Permit Bond from $170,000 to $54,400 for Tract No. 42568 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 with the County of Los Angeles on September 3, 1987, a Grading Permit Bond for grading improvements. Grading was approved on August 10, 1988 by the County's Engineer, Mr. Robert Quin for lots 1-28, 60-93 in Tract No. 42568, located north of Brea Canyon Cutoff Road (See Exhibit "X'). William Lyon Homes, Inc. requests reduction of the Grading Permit Bond from $170,000 to $54,400 due to lack of documentation for lots 29-59. A request for release on lots 29-59 will be posted at a later time. DISCUSSION The following bond is recommended for exoneration: Account Number and Amount: Bond Number 713 2149 for reduction from $170,000 to $54,400. Surety: The American Insurance Company Reason: Grading for lots 1-28, 60-93 have been completed and approved by the County of Los Angeles. Prepared By: Sonya Joe Los Angeles, CA, 1996-97 - 8765-009-006, Sheet 1 of a Nm w � agTRONOFR 9 N W a m®I ; n a Z ®w 0 N9 Oa ®P "V t CT ©A m lO a 1�, ® z y ii a .o ®W EAGL C EST n on 1(,, pE'4CFFVL qp H�-Ls 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 B D NUMBER TRACT NO. DESCRIPTION CURRENT BOND AMOUNT 7132149 45 Grading Permit $ 170,000 7129261 43760 Grading Permit $ 1,260,000 7130347 43760 Geological Imprv. $ 33,000 Oakridge — Diamond Bar Tract # 43162, 44824 BOND NUMBER TRACT NO. DESCRIPTION 7127850 43162 Grading 7128169 43162 Corrective Geologic Imp. -17131401 44824 Park, Sewer Line Entry Sign 31389 44924 Grading Permit Your expeditious processing of this request would be greatly appreciated. Should you have any questions, please contact me at (949) 476-5464. Thank you �U tacy ckenson Construction Assistant CURRENT BOND AMOUNT $ 146,300 $ 114,800 $ 20,000 $ 35,427 4490 Von Karman Avenue, Newport Beach, California 92660-2008 • (949) 833-3600 • FAX (949) 476-2178 0RA01N0 KNOW ALL MEN I"? 111V"E PRFSF":'•: di PERMIT 80NDJ +nNU 713 2149 Premium: $1,020.00 That W.. The William Lyon Compare of Newport Beach California, s principal, and The American Insurance Company a corporation, as surety, ar,a veld and firmly bound unto the Co ty of LOS ANthLES. a boT�e,�i80 r and corporate of t',,, State Of .-alifornia, in the sum of One untred seventy ousanc lawful money of tli. Unitod States, for :he paymencheseor wpre-h well and truly to be made ve hereby bind ourselves, jointly and severally, firmly by Septembert9 87 Signed, sealed and dated this 3rd day of WHEREAS, an application by the above-named principal, has been made -to the DEPARTMENT OF COUNTY ENGINEER, COUNTY ap L03 ANGELES, Division of Building and Safety for the issuance, to said principal, of a permit to perform excavation. or fill work or both with the County ownedsbysaid,principmore alcifi- cally described in the application for a Gradln�SP��1it, up -------- or as street address known as lot _ block— , tract locality. - 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 cenof said cpermit that ain the principal got forth: shall furnish a bond in the sum above named to the County of Los ned after NOW, THEREFORE, (a) If the principal shall well and truly comply with all the applicable requirements of Los Angeles County Building Code, Chapter 70, and nd tions (2) If all of the of the Permit forkaxcavationreuired torbfillnorcbothies to thehall of the satisfactiontofmtht CountylEngineer and is completed within the time limit specified in the Grading Permit, then this ob- ligation shall be void; otherwise it shall remain in full fares and effect. atthat the liability titthe rcftnlleucbond shall it is he h oe in efeetfromthe datehereofndremaiainefecuatt d until work i compliancerithball terms andiconaeer� of said Grading Permit an eofe fina It is further understood that the County of Los Angeles, or the surety, or both, or any authorized representative purpose einspectingshall athetwork, and tshouldenter the the printipal above of default in the performance o ani► described property for the 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 sto the eofdi property and may Ccomplete ter work nenecessary for compliance with requirements it 1s 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. the Where the work requiring Lhis bond 1s located within an obligationrofethistbonddshall County of Los Angeles is the enforcement agency, 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 respectivelyand Division" acting,Brespectively, as„theshall approP appropriate partmenttand dofficial lof succity. The words "Los Angeles County Building Code" mean the building code or other ordinance ha having provisions the same as, or substantially similar to Chapter 70 d Los eles nty IN WITNESS WHEREOF the principal and surety caused this THE WILLIAM LYON eCd'OMPANY y and year first above written. ��__�� Principal COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS BUILDING AND SAFETY DIVISION ENGINEERED GRADING CONSULTANT STATEMENT lCi!?7di?C� �/� or Tract No. Locality' Per+ait No. Own Contractor ❑ ROUGH GRADING BY FIELD ENGINEER Based upon observations, rough grading or the lots listed below has been completed in conformance with plans therefor marked "APPROVED" by the County, and building Code Chapter 70. The Work includes but is not limited to the following, grading to approximate final elevations. staking of property lines; location and gradient of cut and fill stopesi location, cross-sectional configuration and flow - line gradient of drainage swales and terraces (graded ready for paving); berns 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 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 stabilisation measures have been installed in accordance with my recommendations as approved by the Building Offi- cial. Sub-draths 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 procedure, recommended allowable soil bearing values and other special recommendations. EXPANSIVE SOILS (YES) (NO) IAT NOS. BUTTRESS FILLS (YES) (N0) LOT NOS. Remarks, Engineer Reg. No. Date Sgnature FINAL GRADING 87 FIELD ENGINEER &sed upon observations, the grading subsequent to the Rough Grading ham been completed in accordance with the approved plans and specifications. Surface drainage devices are in place as shown on the approved plans. Provisions have been made for drainage of surface waters around proposed buildings and theiriappurtenances. i LOT NOS�V[ / ��4 Remarks PLANTING AND IRRIGATION STATEMENT BY LANDSCAPE ARCHITECT OR CIVIL ENGINEER a On slope planting is established and irrigation aystsls) installed in conformance with the approved plans and appl;cable provisions of the building code. LOT NOS. Remarks Landscape Architect or Civil Engineer Reg. No. Data DEPARTMENT USE ONLY; Address or Tract No.s Permit No. Date Report approved bys Title Date Items approveds Rough Grading - Lot Numbers Final Grading - Lot Numbers Planting i Irrigation - Lot Numbers Soils Report Dated Remarks 4/9/85 Supercedes statement dated 6/4/84 Approved by rr i Date 157/S/ 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. Locality �//G7� �//L�%� Permit No. Contractor DROUGH GRADING DBY FIELD ENGINEER Based upon the abservntions, ruuQh gradinrl of the lots lintrrl below hie been complelad in rnnlornant-v with pians ttrcrufur marked "AI'1'Iu1VID" by tin. County, urrd Huilrhipi t'ude: t•halrter 7U. lite work ir,ciutrra but is not limited to the following: grading to approximate final elevations; staking of property lines; location and gradient of cut and fill slopes; location, cross-sectional configuration and t'low- line gradient of drainage svales and terraces (yraded ready I'ar paving); berms installed where indicated; and required drainage slopes provided on buildinti pads. LOT NOS. As -built plans have been prepared Latest plan revision date Remarks: Engineer Reg. No. Date • Signature F BY SOIL EtCINEER based upon the tests and observations, the earth fills placed on tha fulloving lots were installed upon properly prepared base material and compacted in compliance with requirements of Building Code Section 7016. fill slope surfaces have been cumpacted and bullres3 fille or similar stabilization measure:; have been installed in accordance with my recommendations uk approved by the Building Official. Sub - drains have been provided where required and locations of said sub -drains are shown on plans dated LOI NOS. See report dated for compaction test data and procedures, recommended allowable soil bearing Varies and other special recommendations. EXPANSIVE SOILS (YES) (NO) LOT NOS. BUT1Rf.SS FILLS (YES) (NO) LOT NOS. Remarks: Engineer (Skeg. Nu. Date iynat w•e) GRADING PLANTING A.'I1? IRRIGATION STATEMENT BY LANDSCAPE ARCHITECT OR CIVIL EtrSINEER D The slope planting is es.l.obl'►shed and the irrigat ion system(s) inst.olled in conformance with the approved plans and applicable prowluions or the Building Code. LOT NOS. Remarks: Landscape Architect '—'-- or Civil Engineer Reg. No. Date Signature UEPARTHE.0 USE ONLY: Address or Tract No.: Permit No. "Date Report approved by: Title r " Date Items approved: Pough Grading - Lot Numbers Final Grading - Lot. Numbers Planting 6 Irrigation = Lot Numbers - Soils Report Dated ._ Approved by _ - - — - DuLL Pemarks 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) or Tract No. Locality /�/�w'iC�'/�/}/1�Permit No. Ovnerz Vont ructor aROUGH GRADING ❑BY FIELD ENGINEER based upon the observations, ruugh gradin:l of the lots listed be -low har; bran completed in contormanr•r with plans Lheerefur marked "AI111MM D" by thv County, and Iluilelin-1 l:utlu Ulneplcr 7U. 11te vurl. inrlutlut; but is not limited to the following: grading to approximate final 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 reudy for paving); berms installed where: indicated; and required drainage slopes provided on building ped:;. LOT NOS. As -built plans have been prepared Latest plan revision date Remarks: - Engineer.. Reg. No. Date - Signature DBY SOIL ENGINEER Based upon the tests and observations, the earth fills placed on the foiloving lots were installed upon properly prepared base material and compacted in compliance with requirements of Building Code Section 7016. Fill slope surfaces hove been compacted aril buttress fills ur similar stabilization meusurrs have been installed in accordance with ny 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 I for compaction test data and procedures, recommended allowable soil bearing values and other special recommendations. EXPANSIVE SOILS (YES) (NO) LOT N05. BUTIRESS FILLS (YES) (NO) LO1 NOS. Remarks: Engineer Reg_ No. Date (Signature) 15�TFINAL GRADItZ PLAr:T It, At D IRRIGATION STATEmEblT F BY LANDSCAPE ARCHITECT OR CIVIL ENGINEER The slope planting is established and the irrigation systems) installed in conformance with ttic approved plans and applicable provisions of the Building Code. 1 M AnC Remarks: Landscape Architect Date or Civil Engineer Rey. No. 5iynature Permit, No. .. .. Uatr UEPARTMEN'I USE ONLY: Address or Tract No.: • _-. Date Report approved by: Title, Items approved: Rough Crading - Lot Numbers Final Crading - LoL Numbers Planting 6 Irrigation - Lot Numbers • Soils Report DApproved aled PP' bY DOW _ .... _..- ------ ...... -- Remarks 6/4/84 ; CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. Com. S TO: Honorable Mayor and Members of the City Council MEETING DATE: July 20, 1999 REPORT DATE: July 13, 1999 FROM: Terrence L. Belanger, City Manager TTTLE: Reduction of Grading Permit Bond (Faithful Performance, Labor & Material) from $1,260,000 to $415,800 and exoneration of Faithful Performance Bond in the amount of $33,000 for Corrective Geologic Improvements for Tract 43760 in Diamond Bar. SUN04ARY: The Principal, the William Lyon Homes, Inc. requests the release of their surety bonds 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 1-103 (total of 156 lots) located north of Brea Canyon Cutoff Road, as indicated on the final grading certification signed by the County on file with the City. William Lyon Homes, Inc. requests reduction of the Grading Permit Bond in the amount of $1,260,000 to $415,800 due to lack of documentation for lots 104-156. A request for release on lots 104-156 will be posted at a later time. The Public Works Division also finds that the Principal has provided sufficient proof of completed corrective geologic improvements for lots 1-156 in Tract No. 43760, as indicated on a letter dated March 18,1994 by Mr. Donald Brockway, Principal Engineer with Leighton and Associates. RECOMMENDATION: It is recommended that the City Council a) approve the reduction of the Grading Permit Bond from $1,260,000 to $415,800.00 for Tract No. 43760 posted with the County on August 29, 1985 and exoneration of Faithful Performance Bond for Corrective Geologic Improvements in the amount of $33,000.00 for Tract No. 43760 posted with the County on May 7, 1986 and b) direct the City Clerk to notify the Owner and Surety of this action. LIST OF ATTACHMENTS: x Staff Report _ Public Hearing Notification _ Resolution(s) _ Bid Specification _ Ordinances(s) x Other: Bond agreement; 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 _ 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: n Terrence L. Belanr City Manager J es DeStefano Deputy City Manager Liu Deputy Director of Public Works CITY COUNCIL REPORT AGENDA NO. MEETING DATE: July 20, 1999 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Reduction of Grading Permit Bond (Faithful Performance, Labor & Material) from $1,260,000 to $415,800 and exoneration of Faithful Performance Bond in the amount of $33,000 for Corrective Geologic Improvements for Tract 43760 in Diamond Bar. ISSUE STATEMENT Consider reduction 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 reduction of the Grading Permit Bond from $1,260,000 to $415,800.00 for Tract No. 43760 posted with the County on August 29, 1985 and exoneration of Faithful Performance Bond for Corrective Geologic Improvements in the amount of $33,000.00 for Tract No. 43760 posted with the County on May 7, 1986 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 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 the approved plans and specifications. The owner guaranteed faithful performance of this agreement by posting with the County of Los Angeles on August 29, 1985, a Grading Permit Bond for grading improvements. The subject lots are located within Tract No, 43760, north of Brea Canyon Cutoff Road (See Exhibit "A"). As indicated on the County's final grading certifications, grading has been approved by County's Engineer, Mr. Robert Quin for lots 1-75 and the County's consultant, Mr. Edward Pearson with The Pearson Group for lots 76- 103. William Lyon Homes, Inc. requests reduction of the Grading Permit Bond from $1,260,000 to $415,800 due to lack of documentation for lots 104-156. A request for release for lots 104-156 will be posted at a later time. The County of Los Angeles also entered into agreement with William Lyon Homes, Inc. to complete corrective geologic improvements for lots 1-156 in Tract No. 43760. The principal guaranteed faithful performance of this agreement by posting with the County of Los Angeles on May 7, 1986, a Faithful Performance Bond for corrective geologic improvements. As indicated by the letter dated Page 2 Bond Releases 7/20/99 March 18, 1994 by the County's geotechnical consultant, the corrective geologic improvements have been approved by Donald E. Brockway with Leighton and Associates for lots 1-156 in Tract No. 43760. DISCUSSION The subject bonds include the following: Account Number: Bond Number 712 9261 and Bond Number 713 0347 Amount: $1,260,000 reduced to $415,800.00 and exoneration in the amount of $33,000.00 Surety: The American Insurance Company Reason: Grading for lots 1-103 and corrective geologic improvements for lots 1-156 have been completed and approved by the County of Los Angeles. Prepared by: Sonya Joe, Development Services Assistant Los Angeles, CA, 1996-97 - 8765-020-043, Sheet: 1 o 00 V Ln TRACT NO45266 M 8 1097- 9-76 iiwx \1 sw MOM r,R s tSaOjg ,: � m p�? tit a(`i f Nm t(II<I tIY' I• y ig �pYC\' ti`C`' aF'a7c° S P 0 — o WN �,w tF� J O� .r r• a n y2 - „o «4 Y _0 I �j jtT �a ■I 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 HIS 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 X1129261 43760 Grading Permit ,,,,,7130347 43760 Geological Imprv. Oakridge — Diamond Bar Tract # 43162, 44824 BOND NUMBER TRACT NO. DESCRIPTION CURRENT BOND AMOUNT $ 170,000 $ 1,260,000 S 33,000 CURRENT BOND AMOUNT 7127850 43162 Grading $ 146,300 7128169 43162 Corrective Geologic Imp. $ 114,800 7131401 44824 Park, Sewer Line Entry Sign $ 20,000 7131388 44824 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 tacy ckenson Construction Assistant 4490 Von Karman Avenue, Newport Beach, California 92660-2008 • (949) 833-3600 • FAX (949) 476-2178 Geotechnical and Environmentm engIneenng uunbummla 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. V/Geologic conditions on Lots 1 through 156 of Tract 43760 were also evaluated during grading and adverse geotechnical conditions have been mitigated. ough 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 or roblems, please call us at (909) 860-7772. �Of ESSIpN9l ,`kms Fi DONALD E. ~� rJW BROCKWAY No. 166 Exp.,,3- 7 `rfgj �TECHN��P���Q KS/DEB/rsh E OF CAL�F� Respectfully submitted, LEIGHTON AND ASSOCIATES, INC. �onald E. Brockway, R166 Principal Engineer Distribution: (1) Addressee (1) City of Diamond Bar Attention: Ms. Anne Garvey 1470 SOUTH VALLEY VISTA DRIVE, SUITE 150, DIAMOND BAR, CALIFORNIA 91765 MAR 2 1 94 (909) 860-7772 0 (800) 777-2286 FAX (909) 860.1089 INC. To: Attention: TRANSMITTAL The William Lyon Company 4490 Von Karman Newport Beach, California 92658-7520 Ms. Linda Bradfield Transmitted: X Mail/UPS Courier Pick Up Subject: 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 Bond Releases Tracts 43162 and 43760 Pathfinder Road, City of Diamond Bar, California. dated March 18 1994 LEIGHTON AND ASSOCIATES, INC. 11 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 W 2 1 N (909) 860-7772 • 1800) 777-2286 FAX (909) 860-1089 GRADING PERMIT SECURITY COUNTY OF LOS ANGELES Q OEPARTMEN7 OF PUBLIC WORKS Bond #712 9261 Premium $6,300.00 WBUILDING AND SAFETY DIVIS1014 Two Executed Originals KNOW ALL MEN By THESE PRESENTS: SECURITY NUMBER that me, The William Lyon Company oy • Newport Beach California. as priAcipal, and THE AI�RT�A'ir TwrcrrT?AYtrV roTPANTY a corporstion, ss surety. are held and flraly bound unto the County of LUS ANGELES, a body pq li } • eo orate of the stets of to tfornix, in the sum or � Llan Ifo Hitnr(rerJ iXty Thousa UI �0� lawful money of tl,e United States. for the V•YMerrr o' which we 1 oral truly to be made sa hereby bind ourselves, Jointly and severally, firmly by tineas prsser'ls. Signed. sealed and dated this 2 9th day of Arrip3 rat 19_Q5 _ VIIEREAS, an application by the above -nosed principal. hes been wade to the DEfAIITIIENT Of PUBLIC WORKS, COUNTY Of LOS ANGELES, Division of Buildit.g end Safety for the issuance. to said principal, of • permit to perform sweavetien or fill work or both within tna County of Los Angeles more specifically described in the application for a Grading Permit u on • location owned b sold principal known as lot , block tract 431 6� Itches ai •• street address of in sccord•roee with the provisions o Chapter 70 of the Los Anq es County u ding Code. and WHEREAS, Los Angeles County Building Code. CI'apter 70, requires as a conditio,. pre- cedent to the issuance of said permit that the principal shall furnisl, • security in the sum above nomad to the County of Los Angeles, conditioned as hereinafter set forths NOW, THEREFORE, (i) If the principal shnll sell sold truly comply with poll the applicable requitemenls of Los Angeles County Building Code, Chapter 70, and (7) If ■I1 of the work required to be done complies with all of the terms and condi- tions of the permit for exe•vatior' or fill or both to the satisfaction of t1'e Building Official then this obligation shell be void; otherwise it shell rem•!rt In full force and effect. It is understood that the liability of the principal end surety upon this security shell be in effect from the date hereof and remain in effect until the completion of the work in compliance Vitt' all terms and conditions of said Grading Permit end until final approval thereof by the Building Official. It is further understood that the County of Los Angeles. or the surety, or butte. or any authorized representative of either, shall haws the right to enter the above described property for the purpose of inspecting the work, e n d should the principal default In the performance of any of the terms and conditions of the Grading Permit, the said County# at 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 sold Building Code, Chapter 70. Where the York requiring this bond is located witl'in Sr' incorporated city and Lite County of Los Angeles is the er,foreeseut ngeney. the obligation of this security shell include the incorporated city wl'ere the work is to be performed. In sucl' case the wards 'Oep•rtme'rt of Public Works. Cov'oty of Los A'.gelea. Build- ing and surety Division' and "Building Official' shall mean Such Oepartaetrt slid official respectively while acting, respectively, as the appropriate department and official or sucl' city. The words 'tog Angeles County Building Code' sea" the building code or other ardinsnew leaving provisions the anme as. or substan- tially *jailor to Chapter 70 of acid Los Angeles County building Code. . IN WITNESS W11ERrOr the prinlepal end surety caused tools security to be executed the day and year first above written. THE WILLIAM LYON COMPANY (Seal) (Seal) Principal Surety THE AMERICAN INSURANCE COMPANY (This security must be ecknow)edged both as to principal and surety before a Notary Public.) Local Mailing Address of Surety* P O Box 1975- SAntA Ana, CA 92301 1 COUNTY OF LOS ANGELES e DEPARTMENT OF PUBLIC WORKS BUILDING AND SAFETY DIVISION ENGINEERED GRADING—' CONSULTANT STATENkEN s St office) (To be filed in duplicote of the local Duilding on Y Job Address//j Locality �✓/lily//Permit No- or Tract No. _Contractor - DPOLCH GRADI tC, - - DBY FIEF ENGINEER Based upon the observations, 1-0110gradinrl of the lots listed hr]nv ha^ Ine:n romhleLaJ in rrneiarmarne v,ith pleens thCru!'ur murke:d "APPHUC1l1" by tln: L'uunlyoroxirr'sLellinultMILI elevolions; staking`ofuproperty ,l�:j but is not limited to tele following: grading to app location and gradient ul cut and Fill slopes; location, cross-sectional configuration and flow- lines;line gradient of drainage svalcs and terraces (graded ready Ibr paving); harms installed vherr indicated; and required drainage slopes provided on building pad:;- LOT NOS. -- As -built plans have been prepared Latest plan revision date -- .. Remarks: - _. _ - - �•• r.: Reg. No. , Engineer - Signature BY SOIL EWINEER Based upon the tests and observations, the earth fills place) on the . menjng lots vein Code Scc iD n properly prepared base material and compacted in co:aplia�tice with requirements of Duilding Code Section J arul b 7016. Fill slope surfaces have been cumpactets , fills or e:irnilar stabilization measure•:; have been installed in accordancA with my recommendationions us approved by tl�e Duilding Official. S required and locations of said sub -drains are shovn on plans dated drains have been provided where LOi NOS. - for compaction Last data and procedures, recommended See report date) allowable soil bearing values and other special recommendatiuns. EXPANSIVE SOILS (YES) (NO) LOT NOS. BUTIP,ESS FILLS (YES) (.N0) LOT NUS. Remarks: Date Engineer rear], Nu. Signature) FINAL GRADING PL1.,IT1NG Acs[) IRRIGATION STATEMENT 77 F BY LA -Mr -APE ARCHITECT OP, CIVIL ENGINEER the slope planting is est.ablished and the irrigation systen(s) installed in conrornance with the approved plans and applicable proviuions or the Building Code. LOT V05. Remarks: Lanascape AreniLeCE or Civil Engineer Reg. No. Date (Signature)- - -- .-. — DEPARTMENT USE ONLY: Address or Tract No.: ' ' ' Permit No: y ` ` UaLe Report approved by: - Title 'e3z,S.. a= Date Items approved: Pough Crading - Lot Numbers Final Crading - LoL Numbers Planting h Irrigation Lot Numbers - - - -••— "' Soils Report Dated _ _-...._. _._ --- Approved b Date Renarks - 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) Jab Address or TracL No. 43760 -- Locality Diamond Bar Permit No - 0 :. o-0:. r -zr The William Lyon Company c.1;,1 ractor DPOUCH GRADI W_ DBY FIELD ENGINEER based upon the observnitions, rourlh rpradin.l of the lots li.led b0ow hn:: be•un completed in voidurnranve With plans therul'ur marked "APPHIIL•ID" Icy Lia: County, and lluiidirnl Cude: Uluiprtvi- 7U. tire Work includes but is not limited to the folloving: grading to approxia,;.lu final elevnlions; staking of property lines; location and gradient of cut and fill slopes; location, cross-sectional configuration and I'lov- line gradient of drainage svalcs and terraces (graded ready far pavin(j); berms installed where indicated; and required drainage slopes provided on building pyds. LOT 1405. _ As -built plans have been prepared Latest plan revision date Remarks: - -- — ; Engineer .._. Reg. No. Date _.... Signature DBY SOIL EtrM-KEER 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 Sec.Lion 7016. Fill slope surfaces have, been compacted and buttress fills or similur stubilication 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 NDS. See report dated for compaction test data and procedures, recommended allowable soil bearing values and other special recommendations. EXPANSIVE SOILS (YES) (NO) LOT NUS. BUTTRESS FJLLS (YES) (NU) LOT NUS. Remarks: Engineer Reg. %u. (Signature) 51 FINAL GRADIK, X t-1 Rv LICrn VKW-Toiccn Date PLANTINS XD IRRIGATION STATELENT DBY Liv"DSCAPE APORIECT OR CIVIL ErrINEEP live slope plantinq'is esi.ablishud and the irrigation systera(s) installed in conformance with ti,e approved plans rind applicable provisions or the Building Code. LOT NOS. Remarks: Landscape Architect or Civil Engineer Rey. No, Date Signature UEPARIPEkT USE ONLY: Address or Tract No_: Permit No. "` ''' ` ` UaLe - - Report approved by: - a Titia -.. Items approved: t _ s..� _ Lu : ,.� r•, ¢ .,�.: Cough Grading - Lot Numbers Final Grading - Lot Numbers Planting 6 Irrigation = Lot Numbers _.. L't :.sLLac --_ Soils Report Dated _---•.... _ .... - -- -- A p Approved b } • _ _.--- —.. . - --- ----- Date - Remarks - 6/4/64 :OUNTY 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) Ar Tract No. LocalitY����[fCIQ�L� Permit No. Owner, �l�w� h�� Contractor ❑ ROUGH GRADING ❑BY FIELD ENGINEER Based upon the observations, rough gradinr; of the lots listed belnw hnr: htwn completed in eonformunve with plans therefor mavkud "APH(l)L•IU" I,y thu County, and IgitJdin1i Cudt: L'hu;1ter 7U. Ihu wurk inelu.lcs but is not limited to We following: grading Lo approximate final 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 (yraded ready for paving); berms installed where indicated; end 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 compacted in compliance with requirements of Building Code Section 7016. Fill slope surfaces have been compacted and buLlre:is fills or aimilar stabilization meusure-s 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) Date FINAL GRADING BY FIELD ENGINEER Based upon the observations, Lhe grading subsequent. to the Itouyh Grading has been completed in accurdancc with the approved plans and specifications. All required surface drainage devices have been installed. Provisions have been made for drainage of surface waters around proposed buildings and their PLANTING APD IRRIGATION STATEMENT ❑BY L/NDSCAPE ARCHITECT OR CIVIL ENGINEER The slope planting is established and the irrigation system(s) installed in conformance with the approved plans and applicable provisions .of the Building Code. LOT NOS. Remarks: Landscape Architect Reg. No. Date or Civil Engineer Signature Permit No. _ Uatr UEPARTt4CNT USE ONLY: Address or Tract No.: Bate �� Report approved by:_ 9:=� Title Items approved: Rough Grading - Lot Numbers Final Grading - Lot Numbers Planting h Irrigation - Lot Numbers DULL - Soils Report Dated Approve) by Remarks 6/4/84 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 AddressDiamond Bal' Permit No. or Tract No. 43760 Locality Boner ThP William Lyon Company Contractor DROUGH GRADING - BY FIELD ENGINEER based upon the abservations, ruu(jh pradin cI of the lots listed below h1!: 1)vuri rompleted in V0411orn,m' with plans therefor marked "AI'I'MiVl D" by List! County, un.l Ilei l.liinl Each: l'huljLvr 70, the vort, inrl.1.1, but is not limited to the following: grading to approximate 1•inal elevations; staging of property lines; location and gradient of cut and fill slopes; location, cross-sectional configuration and fli line gradient of drainage scales and terraces (graded ready far 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)_ FBY SOIL UGINEER Based upon the tests and observations, the earth fills placed on the folloving lots'vere installed properly prepared base material and compacted in compliance with requirements of Building Code Sec! 7016. Fill slope aurfaces have been compacted avid buttres3 fillo or r;imilar sLabilitation mensurr; have been installed in accordance with my recommendations us approved by the Building Official. S drains have been provided where required and locations of said sub -drains are shown on plans daLed LOT NOS. See report dated for compaction test data and procedures, rece allowable soil bearing values and other special recommendations. EXPANSIVE SOILS (YES) (NO) LOT NOS. BUTTRESS FILLS (YES) (NO) LOI NOS. Remarks: Engineer Reg. Nu. (Signature) Fj FINAL GRA NG Date PLANTIt,c 1,Yl IRRIGATION STATEMENT DBy LAtDSCAPE ARMITECT OR CIVIL EW,I NE C the slope planLing'iS estoblished and the irrigation systen(s) installed in conformance with tfic approved plans and applicable provisions or the Uuilding CoJe. LOT NOS. Remarks: Landscape Apchitect or Civil Engineer Reg. No. Date Signature - — - DEPARTMENT USE ONLY: Address or Tract No.: Permit No. Date date ... .. .. •Sz�:c� '= D Report approved by: - iitla Items approved: hough Grading - Lot Numbers _ Final Grading - LoL Numbers Planting h Irrigation - Lot Numbers - Soils Report Dated - -- Approved by -- - — Date Pemarks _. 6/4/84 :..... .. UO -COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS v l,P O BUILDING AND SAFETY DIVISION ENGINEERED GRADING CONSULTANT STATEMENT or T o. Locality' Z��'%n�17�7 j 7i Per+ait No. Owne [ Contractor ROUCH CHADINC DBY FIELD ENGINEER Based upon observations, rough grading of the lots listed below has been completed in conformance with plans therefor mariced 'APPROVED' by the County. and Building Code Chapter 70. The York includes but is not limited to the followings grading to approximate final 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 pavingll berms installed where indicated; and required drainage slopes provided on building pads. LDT NOS. As -built plans have been prepared Latest Plan revision date Remarks: ' Engineer Reg. so. Date (Signature) ❑ BY SOIL ENGINEER Based upon tests and observations, the earth fills placed on the following lots were Installed upon properly prepared base mater•fal 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 as approved by the Building Offi- clal. Sub -drains have been provided where required and locations or said sub -drains are shown on plans dated LOT NQS. See report dated for compaction test data and procedure, recommended allowable soil bearing values and other special recommendations. EXPANSIVE SOILS (YES) (NO) LOT NOS. BUTTRESS FILLS (YES) (NO) LOT NOS. Rama rks s Engineer Reg. No. Date (Signature) FINAL GRADING BY FIELD ENGINEER Based upon observations, the grading subsequent to the Rough Grading has been completed In accordance with the approved plans and specifications. Surface drainage devices art in place as shown on pe approved plans. Provisions have been ude for'drainage of surface waters around proposed buildings and their � appurtenances. „ LAT NOS. Remarks t PLANTING AND IRRIGATION STATEMENT DBY LANDSCAPE ARCHITECT OR CIVIL ENGINEER On slope planting 13 established and Irrigation sYstes(s) installed in conformance With CM approved Plans and applicable provisions of the building code. LAT NQS. Remarks Landscape Architect or Civil EnIKIneer ucrgnir¢nl ux UNLlt Address or Tract No., Report approved byt Iters approvedt Rough Grading - Lot Numbers Final Grading - Lot Reapers Planting A Irrigation - Lot Ntabers 50113 Report Dated Approved by Title Reg. No. Date Perwit No. Date Date Date Remarks a/q/85 Supercedes statement dated 6/4/B4 Bond #7i3 0347 prem iun :1 ?5.00 LOS AMCELES COUNTY PUBLIC WORKS DEPARTMENT FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, THE WILLIAM LYON COMPANY, a corporation Name of 19 Corporate Plaza, Newport Beach, California 92660 - Address as FRINCTPAL and T -,.4L AMERICAN Itist'RANCF CQMPANY. As SURETY, are firmly bound unto the COUNTY OF LOS ANGELES and each officer and employee thereof, hereinafter called the COUNTY, in the sum(s) indicated below, for ttLe payment of which sum(s), we hereby bind ourselves, our heirs, executors, administrators, successors or assignees, jointly and severally. The condition of the foregoing obligation is such that whereas said PRINCIPAL has entered into or is about to enter into the annexed contract(s) with the COUNTY, 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, of the Government Code) and any amendments thereto, and pursuant to the authority of Title 21 of the Los Angeles County Code, and any amendments thereto, which said contract(s), dated _ 19 , are hereby referred to and made a part hereof, for thc� following work checked below, to wit: [ l A 5 -foot CHAIN LINK FENCE, improvement in the sum of dollars [ ] A C0M3TNA711ION MASONRY WALL AND CHAIN LINK FENCE improvement in rhe sum of. dollars (S )• [ j A 5 -foot MASONRY WALT. improvement in the sum of dollars (S )• (Y ) CORRECTIVE GEOLOGIC improvements in the sum of Thirty three thousand------------------------------------------------------------------ ------------------------------ dollars ( S 33.000.00 ) . ( Dr'2AINAGF FACILITIES in the sum of [ j STORM DRAI-N- improvement under Private Drain No. , in the sum of dollars (_ ). dollars ($ 1). [ ] MATER SYSTEM improvements in the sum of dollars ($ ). C ] ROAD improvements in the sum of dollars ($ ). [ ] INSPECTION of road improvements in the sum of dollars ($ [ ] STREET TREE improvements in the sum of improvements in the sum of dollars dollars ($ ). al: for Tract No./ftiXgrXI FXX1t9x 43760 in accordance with the attached contract(s) and is required by said COUNTY to give this bond in connection with the execution of said contrect(s). If the annexed contracts listed above include an agreement for monumentation, then a further condition of the foregoing ob2i.gation is for the payment of the amount of the bond to the COUNTY 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 ir. Jivisior, 2, Title ?, of the Government Code. Now therefore, if the said PRINCIPAL shall completely perform all of the coverlants and obligations of said contract(s) and any 21 tnrnf i nn tihraranf re nM ex. 4-h4%r•m4 n nrnvi A'&A nn h4 t n�r+t to ha agrees that any such 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. As a part of the obligation secured hereby and in addition to the face amount specified therefore, 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 actions under this bond as to any one or more of the remaining uncompleted requirements, even though the COUNTY knows or has reason to know, at the time of the initial forfeiture, that the requirements to which the subsequent forfeitures or prosecutions of action pertain were not, as of the time of the initial forfeiture, 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 ?tri day of May 19 86 „•. THE WILLIAM LYON COMPANY, a corporation Principal Fred T. Bosley Division Manager (Seal) Principal Barbara L. Proffitt Asst. Secretary Surety THE AMERICAN INSURANCE COMPANY No riders, endorsements, or attachments have been made hereto by the Surety except as noted hereon to the right. Address P.D. Box 1975, Santa Ana Ca. 92702 Notee All signatures must be acknowledged before a notary By a ricia M. ite Attorney in Fact public. (Attach appropriate ' LOS ANGELES COUNTY iona #-713 0347 PUBLIC `40RKS DEPARTMENT LABOR AND 14ATERTAL BOND KNOW ALL MEN BY THESE PRESENTS: That we, THE WILLIAM LYON COMPANY, a corporation Name of 19 Corporate ?laza, Newport Beach, California 92660 , Address as PRINCIPAL and ViF PumEkIChN INSURANCE COMPANY as SURETY, are firmly bound unto the COUNTY OF LOS ANGELES, hereinafter called the COUNTY, in the sum(s) indicated below, for the payment of which sum(s), we hereby bind ourselves, our heirs, executors, administrators, successors, or assignees, 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 contract(s) with the COUNTY 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 contract(s) dated 19 are herEdby referred to and made a part hereof, for the following work checked below, to wit: ! j A 5-44.00t CHAIN LINK FENCE labor and materials in the sum of dollars (S ). ( ) A COMBINATION MASONRY WALL AND CHAIN LINK FENCE labor and materials in the sum of dollars ($ )• A 5-fcot MASONRY WALL labor and materials in the sum of dollars (X) CORRECT-TVE GEOLOGIC improvements labor and materials in the sum of Sixteen thousand five hundred-------------------- ------------- ------------------------------------dollars (S 16,500.00 DRAINAGE FACiLITiES labor and materials in the sum of j STORM DRAINS labor ar.d materials, under Private Drain No. in the sum of dollars ($ >• [ ) WATER SYCTIM labor and materials in the sum of dollars ($ �• ( ] ROAD improvements labor and materials in the sum of dollars ($• �• ] STREET TREE improvements labor and materials in the sum of dollars ($ )• labor and materials in the sum of dollars ($ )• labor and materials in the sum of dollars ($ Tract, and whereas, pursuant to all for .roc,. No./Al@9[X9(#��X��IRXX �376Q said Code, the PR?NCIPAL roust give this bond 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 performance of said contract($), including any materials, provisions, or other supplies or teams, equipment, implements, trucks, machinery, or power used In, upon, for, or about the performance of the work contracted to be done, including any changes or alterations ordered by the COUNTY oersuant to the provisions of said contract($), or for any This bond shall inure tc> the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 ;comrnencis tcth`'Seecaioigri0 of ac -ion of rto4of themDorlsion 3 of their assignseinlvil any Code, so 9 suit brought upon this bond. Should the condition of thisbondbe fully performed, then this obligation shall become null and void, otherwise it shall be and remain 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 PRINCIPAL, 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 o: alterations shall not in any way affect its obligation on this band. 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 exQcuted on this 7th_ _ day Of , 19 86 THE WILLIAM LYON COMPANY, a corporation Principal 17 red T. e Division Manager (Seal? Principal- rincipa1 garara ro tt Asst. Secretary Surety THE AMERICAN INSURANCE COMPANY p.o. Box 1975, Santa Ana, Ca. 92702 Address By No riders, endorsements, or.attachments have been made hereto by the Surety except as noted hereon to the right. Patricia M. White, Attorney in Fact Note: All signatures must be acknowledged 'before a notary public. (Attach appropriate acknowledgements) Received on behalf of the COUNTY OF LOS ANGELES o.. nrvrf-rnv nr Arl;ktLTC WORKS Approved as to form COUNTY COUNSEL CITY OF DIAMOND BAR AGENDA NO. AGENDA REPORT TO: Honorable Mayor and Members of the City Council REPORT DATE: July 13, 1999 MEETING DATE: July 20, 1999 FROM: Terrence L. Belanger, City Manager Bond (Faithful Performance, Labor & Material) in the amount of TITLE: Exoneration of Grading Penna sewer line $35,427 and reduction of Faithful Performance B $15 000 or Tfor ract 4 824 in of the n Diamond Bard connection improvements/parkway entry sign from $20,000 t , SUMMARY: The principal, the William Lyon Homes, Inc. requests the release of City Enir gineering bong r improvement securities as required in accordance with the Subdivision Map and Public Works Division finds that the Principal has provided mfi certification signed by the County ocient Proof Of completed n file f lots 1-45 in Tract No. 44824 as indicated on the final gradingthesi with the City. The Principal has also provided sufficient proof of completing in parkway entry of ,427 William Lyon Homes, Inc. requests exoneration of the Grading Permit Security and reduction of the Faithful Performance Bond from m20ovements15A00 due to request folack release forminstallation tation for installation of the park sewer line and connectionp of the park sewer line and connection improvements will be posted at a later time. RECOMMENDATION: It is recommended that the City Council a) approve the exoneration of, Grading Permit Bond in the amount of $35,427.00 and reductione f Faithful Performance$20,000 0 000 to $ Sf000.00 for Tract or installation of park sewer line and connection improvements/park y try sign No. 44824 and b) direct the City Clerk to notify the Owner and Surety of this action. LIST OF ATTACHMENTS: x Staff Report — Public Hearing Notification Specification Bid S _ Resolution(s) — P _ Ordinances(s) x Other: Bond agreement; letter of Agreement(s) request dated 4/29/99. EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST I . Has the resolution, ordinance or agreement been reviewed N/A _Yes _No by the City Attorney? ? Majority 2. Does the report require a majority or 4/5 vote. N/A _ Yes — No 3. Has environmental impact been assessed? N/A Yes _ No 4. Has the report been reviewed by a Commission? — Which Commission? N/A _Yes _No 5. Are other departments affected by the report? Report discussed with the following affected departments: REVIEWED BY: J es DeStefano Liu Terrence L. Bel r Deputy Director of Public Works City Manager Deputy City Man ger P �' CITY COUNCIL REPORT AGENDA NO. MEETING DATE: July 20, 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) in the amount of $35,427 and reduction of Faithful Performance Bond for installation of park sewer line and connection improvements/parkway entry sign from $20,000 to $15,000 for Tract 44824 in Diamond Bar. ISSUE STATEMENT Consider exoneration of Grading Permit Bond and reduction of 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 Grading Permit Bond in the amount of $35,427.00 and reduction of Faithful Performance Bond for installation of the park sewer line and connection improvements and a parkway entry sign from $20,000 to $15,000.00 for Tract No. 44824 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 $3 5,427.00 for Tract No. 44824 with the County of Los Angeles on January 6, 1987. All grading has been approved by the County's Engineer, Mr. Robert Quin for lots 1-45 in Tract No. 44824 (See Exhibit "A"). The County also entered into agreement with William Lyon Homes, Inc. for installation of a park sewer line and connection improvements and parkway entry sign in Tract No. 44824. The owner guaranteed faithful performance of this agreement by posting a Faithful Performance Bond in the amount of $20,000.00 for Tract No. 44824 on February 2, 1987. William Lyon Homes, Inc. requests reduction of the Faithful Performance Bond due to lack of documentation for the installation of the park sewer line and connection improvements. A request for release for the installation of the park sewer line and connection improvements will be posted at a later time. page 2 Bond Releases 7/20/99 DISCUSSION The following bonds are recommended for exoneration or reduction: Account Number and Amount: Bond Number 713 1388 for exoneration in the amount of $35,427.00 and Bond Number 713 1401 for reduction from $20,000 to $15,000. Surety: The American Insurance Company Reason: All grading and parkway entry sign have been completed and approved by the County of Los Angeles. Prepared by: Sonya Joe, Development Services Assistant Los Angeles, CA, 1996-97 - 8765-022-001, Sheet 1 of 1 ca4 i N N :! N s PAT1iFINpER ' 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 CURRENT BOND AMOUNT /132149 45268 Grading Permit $ 170,000 7129261 43760 Grading Permit $ 1,260,000 7130347 43760 Geologicallmprv. $ 33,000 Oakridge — Diamond Bar Tract # 43162, 44824 BOND NUMBER TRACT NO. DESCRIPTION CURRENT BOND AMOUNT 7127850 43162 Grading $ 146,300 X8169 43162 Corrective Geologic Imp. $ 114,800 ,�/7Ul401 44824 Park, Sewer Line Entry Sign $ 20,000 1 31388 44824 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 dt/i kenson Construction Assistant 4490 Von Karman Avenue, Newport Beach, California 92660-2008 • (949) 833-3600 • FAX (949) 476-2178 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) or Tract No. `� j j Locality Cf�%!'GlPermit No. Diner //L� �C //L f ll/l%2 ZVI^ Contractor DROUGH GRADING BY FIELD ENGINEER based upon the observa ions, ruugh r1radinq of the lots listc-d below ha!: liven completed in rnn►orm;mre• with plens Lherefur marked "A111111 D" by list! County, un.l lfuildiu-1 Cudu ('lsupter 70. Ilse work iuelu,ti;; 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 I'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. Signature Date BY SOIL EtGINEER 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 hove been compacted aril buLlress fills or similar stabilization meoaurrc 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 NO5. See report dated for compaction test data and procedures, recommended allowable soil bearing values and other special recommendations. EXPANSIVE SOILS (YES) (NO) LOT NOS. BUTIP.ESS FILLS (YES) (NO) LOT NDS. Remarks: Engineer Reg. Nu. (Signature) F I NAL GRADING '..^...^'_ Date PLANTING AA'D IRRIGATION STATEMENT BY LANDSCAPE ARCHITECT OR CIVIL EWrINEER - the slope planting is esi.oblished and Lhe irrigation system(s) installed in conformance with the approved plans and applicable provisions of the Building Code. LOT NOS. Remarks. Landscape Architect or Civil Engineer Reg. No. Date Signature DEPARTMENT USE ONLY: AddresVqr raci No.: Permit No. Uatr - Report approved by: Title 27 %j;; : Date �b Items approved; Rough Grading - Lot Numbers Final Grading - Lot Numbers Planting h Irrigation = Lot Numbers -- Soils Report Dated •=' p Approved by - - Bate Remarks iUNTY 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) G Localit ��A1��'C[J or Tract No, y Permit No. OwnerM9%r(/L Contractor FROUGH GRADING aBY FIELD ENGINEER Based upon the observations, rough grading of the lots listrd below han hrecn completed in enniormanve With plans .therefor marked "APPROVl U" by Llx.- County, oral lruildinil Gude L'hul►ler 7U. the wort. includas but is not limited to the following: grading to approximate final elevations; staking of property lines; location and gradient of cut and fill slopes; location, truss -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 emarks------- Engineer. _..-... .. _. -.-- Reg. No,- Uete 5ignature BY SOIL ENGINEER v_sed upon the tests end ohsPrvations, the earth fills placed on the followino 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 antl 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. BUTTRESS -FILLS (YES) (NO) LOT NOS. Remarks: Engineer [leg. No. (Signature) Date FINAL GRADING T48ased BY FIEtD ENGINEER upon the ohae-rvations, the grading subsequent to the Rough Grading has been completed in accordance with the approved plhns and specifications. All required surface drainage devices have been installed. f Q M. PLANTING AND IRRIGATION STATEWNT BY LANDSCAPE ARCHITECT OR CIVIL EtClHEER The slope planting is established and the irrigation system(s) installed in conformance Witt) tile approved plans and applicable provisions of the Building Code. LOT NOS. Remarks: Landscape Architect or Civil Engineer Reg. No. Date Signature DEPARTMENT USE ONLY: Address or Tract N Permit No. Date j Report approved by: Title Date / Items approved: approved: _. Rough Grading -_Lot Numbers Final Grading - Lot. Numbers Plantiny h Irrigation -Lot Numbers Soils Report Dated Approved by - Date Remarks 6/4/84 UNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS BUILDING AND SAFETY DIVISION ENGINEERED GRADING CONSULTANT STATEMENTS (To be filed 1n duplicate at the local Building and Safety Office) or Tract No 2 Locality ���/j7D/[Q/� Permit No. Owner/—;X& 1/ � W Contractor aROUGH GRADING ❑ BY FIELD ENGINEER Based upon the observations, rough grsdinrl of the lots listed below liar. peen completed in ennformanee with plans therefur marked "APPI(MID" by thy: Cuuniy, ural huildhu-j Cuda ChupLer 7U. the work inrllulus 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 (yraded 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 EISINEER 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 ur similar alabilizalion meusures 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. Date (Signature) FINAL GRADING BY FIELD ENGINEER ased upon Lhe observations, the grading subsequent lu the Rouyh Grading has been completed in accordance with the approved plans and specifications. All required surface drainage devices have been installed. PLANTING AND IRRIGATION STATEAENT BY LANDSCAPE ARCHITECT OR CIVIL ENGINEER The slope planting is established and the irrigation sysLem(s) jnsLalled in conformance with the approved plans and applicable provisions of Lhe Building Code. LOT NOS. Landscape Architect Date or Civil Engineer Reg. No. • - Signature _ DEPARTMCNT USE ONLY: Address or Tract No.: Permit No. DaLe Report approved by: Title Date Items approved: Rough Grading - Lot Numbers Final Grading - Lot. Numbers Planting h Irrigation - Lot Numbers Soils Report Dated Approved by Uule Remarks — JUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS BUILDING AND SAFETY DIVISION I ENGINEERED GRADING W.O. 86020 CONSULTANT STATEMENTS (To be filed in duplicate at the local Building and Safety Office) Locality Permit No. or Tract No. 44824 y Diamond Bar Owner The William Lyon CO. Contractor aROUGH GRADING MBY FIELD ENGINEER Based upon the observat ions, rwulh rlradinq of the lots listed below hnn been completed in conf'ormanre With plans Lherefur marked "APPIMM I)" Uy llhc Cuunly, arj.t Ihuliling Cudu Uhuliter 7U. Ilia work includ" but is not limited to the following: grading Lo approximate linal 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.- Si nature Date aBY 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 butlrous fills or similar stabilization measures 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 datedfor 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) Date 1AFINAL GRADING BY FIELD ENGINEER X Based upon the observations, the grading subsequent to the Houyh Grading has been completed in accordance with the approved plans and specifications. All required surface drainage devices have been installed. ----- ..:I.a:.,.... �.,rl f.how iI. jUNTY 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) s ' or Tract No. Locality/1�Q �� ��^ Permit No. Owner G%% Contractor FROUGH GRADING OBY FIELD EWINEER Based upon the observations, rough gradinrl of the lots listed below har. been completed in ronformanve with plans therefur marked "AP111MVIU" by the fuunly, acid Iluildiuil Cutte Chupter 70. the wurk inclu.les but is not limited to the .following: grading to approximate final 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 (yraded 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 compacted in compliance with requirements of Building Code Section 7016. Fill slope surfaces have been compacted and buLtress 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. BUTTRESS FILLS (YES) (NO) LOT NOS. Remarks: Engineer Reg. Nu. (signature) Date kFINIALGRADING Y FIELD ENGINEER ased upon the observations, the grading subsequent to the hough Gradirnj has been completed in accurdance with the approved plans and specifications. All required surface drainage devices have been installed. PLANTING AND IRRIGATION STATEMENT BY LANDSCAPE ARCHITECT OR CIVIL ENGINEER f-1 The slope planting is established and the irrigation systems) installed in conformance with the approved plans and applicable provisions of the Building Code. LOT NOS. Remarks: Landscape Architect or Civil Engineer J 75ignatuReg. No. Date ' -—der- DEPARTMENT USE ONLY: Address or Tract No.-/ Permit No. Date Report approved by: j Title Date Items approved: �. . Rough Grading - Lot Numbers Final Grading - Lot Numbers Planting h Irrigation - Lot Numbers Soils Report Dated Approved by DaLe Remarks 6/4/84 twenty-seven GRADING PERMIT SECURITY COUNTY OF LOS ANGELES acv DEPARTMENT OF PUBLIC WORKS BUILDING'AND SAFETY DIVISION u Bond 713 1388 �ElYtt NUMBER ,__ KNOW All MEN By' THESE PRESENTS: Premiums $213.00 that .e. The William Lyon Com n of tlorrnnrt Raarh California. •• principal, end an • corp.oration, as surety, are hrld avid firmly pound unto the Cou of LUS pNGCI . • body `fAi rty-five t>iousand four hundreE politic end corporate of the State of Califo alio, in the sus of__ lawful money of t1.e United States, for the yay.eutbofthesehpresentstl truly to be wade we her bind ourselves, Jointly avid severally, firmly y Januar 1,987 Signed, sealed Slid dated this 6th _day of y WIIEREAS. an application by the above-named principal, has been wade to the DErAR111EN1 Ur PUBLIC WORKS• [UUNIy Of LUS ANGELES, Division of Building and Safety for t1,e issuance, to said principal, of a permit to perform escawatior, or fill work or both within }}the County of Los Angeles more specifically described /n the application for • Grsdrirsctrmr+4 ?n a. location owned by said ptiucipal known •s lot • In •eeordance with I o c a 1 i t y b)( XAwX 1l�fAtx x kllP)QKOC4trX!(VC �a-ay' the provisions of Chapter TO of the Los Angle• County Building Code. and WHEREAS, Los Angeles County Building Code. Chapter 70, requires as a condition pre - id to the issuance of said per,nit that the principal shell furnish a security in the y of Los Angeles. conditioned as hereinafter set forth: sum above named.to the Count NOW, IHEREfDRE , Ill If the principal shall well avid truly co -Ply wit" all the applicable teyuiremeu.ts of los Angeles County Building Code. Chapter 7U. and (2) If all of the work required to be done complies with ill of fire terms end eor.di- tions of the Per•.it for excavation or fill or both to the satisfaction of the Building Official then this obligation shall be void; otherwise it shall remain in full force and effect. It is understood that the linbility of the principal and surely upon this security Shall be in effect from the date hereof and remain in effect until ti.e completion of the work In cc'plierrce With ill terms slid conditions of said Grading Permit sold until final •PProvalthereof by the Building official. It is further understood that the County of Loa Anyelrs, or tile surety. or both, or any authorired representative of either, shsll have the right to enter the above described property rot the purpose of ivispecting the work, and should file principal default in the performance of any of the tetma and conditions of the Grading Permit. the said County/ of surety, or both, ofagent of eitl.er, shall ,have the right of access to the property and way complete the work necessary for compliance with requirements of said Building Code, Chapter 70. Where the work requiring this bond is located within sol incorporated city sold the County of Los Angeles is the er.forcemer.t nger.cy, the oh ligation of this security shall include the incorporated city Where the work is to be perfor..ed. In such case the ward: "UepartPr•r.t of Public Works. County of los Ar.tlele%, Build- ing slid Safety Division" and "Building Officisl" shall wear. quell Department and pffici•1 respectively while acting, respectively, as the appropriate departrent end official of suc1. city. lite words "Los Angeles County Bulldir.q Code` wesrr t1111cc 114"11. he builditig similacoder to offttef Ci.eptet 70rofnsaid LoslAngelear[ouoltysions tBuilding Coder aubatar.- IN WIINESS WIIERfor tt.c prir.irpal and surety caused this Thesecurity William executed theCompany, day and year first above written. (SCSI) (Seel) (ibis Security aust he acLnovledged-both 85 to a cor oration Principal Surety PANY principal and s ety before • Notary Public.) I r. -?c IIna rA Q27n2 Bond No. 713 1401 Premium: $120.00 LOS ANGELES COUNTY PUBLIC WORKS DEPARTMENT FAITHFUL PERFORlIANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, THE WILLIAM LYON COMPANY, a corporation Name of 19 Corporate Plaza, Newport Beach, California 92660 , Address as PRINCIPAL and The American Insurance Company as SURETY, are firmly bound unto the COUNTY OF LOS ANGELES and each officer and employee thereof, hereinafter called the COUNTY, in the sum(s) indicated below, for the payment of which sum(s), we hereby bind ourselves, our heirs, executors, administrators, successors or assignees, jointly and severally. The condition of the foregoing obligation is such that whereas said PRINCIPAL has entered into or is about to enter into the annexed contract(s) with the COUNTY, pursuant to the authority of an act of the Legislature of the State of California, known as the "Subdivision Map Act" (Division 2, Title 7, of the Government Code) and any amendments thereto, and pursuant to the authority of Title 21 of the Los Angeles County Code, and any amendments thereto, which said contract(s), dated 19 , are hereby referred to and made a part hereof, for the following work checked below, to wit: [ ) A 5 -foot CHAIN LINK FENCE improvement in the sum of dollars ($ )• [ ) A COMBINATION MASONRY WALL AND CHAIN LINK FENCE improvement in the sum of dollars ($ >• ( ] A 5 -foot MASONRY WALL improvement in the sum of dollars ($ )• [ ) CORRECTIVE GEOLOGIC improvements in the sum of [ ] STORM DRAIN improvement under. Private Drain No. , in the sum of [ ] MONUMENTATION in the sum of dollars (r dollars ($ )• [ WA --.--'R SYSTEM improvements in the sura of dollars ($ )- [ ] ROAD im;rovements in the sum of dollars ($ [ ] INSPECTION of road improvements in the sum of dollars ($ )- [X] Installation of.Park Sevier Line and Connection improvements in the sum of Fifteen thousand and 00/100------------------------------------------- -----------------------------------dollars ($ 15.000.00 ) • [X] Parkway Entry Sign improvements in the sum of Five thousand and 00/100------------- ------------------------------------------------------------------------ ------------------------------- dollars ($ 5.000.00 ) . all for Tract No./Parcel Map No. 44824 in accordance with the attached contract(s) and is required by said COUNTY to give this bond in connection with the execution of said contract(s). If 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 COUNTY for the benefit of the authorized surveyor or engineer who has performed the work and has not been paid by the contractor as _.--..5 J - J o_.- J. - 1%i..4 -4 .... 9 TI Fl s T nr *%a r.Avarnmant Cnda_ agrees that any such 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. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses andfees, including '.reasonable attorney' igation, all fored be taxed as _costs in successfully enforcing such 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. fail to complete more than one of (2) If the PRINCIPAL shall 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 actions under this bond as to any one or more of the remaining uncompleted requirements, even though the COUNTY knows or has reason to know, at the time of the initial forfeiture, that the requirements to which the subsequent forfeitures or prosecutions of action pertain were not, as of the time of the- initial forfeiture, 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 2nd da of February . 19 67 • to be executed on this Y THE WILLIAM LYON COMPANY, a corporation (Seal) No riders, endorsements, or attachments have been made hereto by the Surety except as noted hereon to the right. Principal Principal Surety Am RTrAN TNGnRANf F_ rnm"PANY Address p.o. Box 1975, Santa Ana, CA 9270 Bond No. 713 1401 Premium included in charge for performance bond LOS ANGELES COUNTY PUBLIC WORKS DEPARTMENT LABOR AND MATERIAL BOND 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, hereinafter called the COUNTY, in the sum(s) indicated below, for the payment of which sum(s), we hereby bind ourselves, our heirs, executors, administrators► successors, or assignees, 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 contract(s) with the COUNTY 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 contract(s) dated , 19 , are hereby referred to and made a part hereof, for the following work checked below, to wit: [ 1 A 5 -foot CHAIN LINK FENCE labor and materials in the sum of dollars ($ [ 1 A COMBINATION MASONRY WALL AND CHAIN LINK FENCE labor and materials in the sum of dollars ($ ). [ j A 5 -foot MASONRY WALL labor and materials in the sum of dollars (S )• [ 1 CORRECTIVE GEOLOGIC improvements labor and materials in the sum of L ] STORM DRAINS labor and materials, under Private Drain No. , in the sum of dollars ($ ). [ ] WATER SYSTEM labor and materials in the sum of dollars ($ ), [ ] ROAD improvements labor and materials in the sum of dollars ($ ). C ] STREET TREE improvements labor and materials in the sum of dollars ($ ). L x ] _Installation of Park Sewer Line n and Connection improvements labor and materials in the sum of Seven thousand five hundred and 00/100--------------------------------------------------------- ----------------------------------- dollars ($ 7,500.00 ). [x] Parkway Entry Sign labor and materials in the sum of Two thousand five hundred and00/100 --------------------------------------------------------- ----------------------------------- dollars ($ 2,500.00 all for Tract No.)(*A=zxxDcx)dmpcxDiAx 44824 and whereas, pursuant to said Code, the PRINCIPAL must give this bond 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 performance of said contract(s), including any materials, provisions, or other mann' i 0Q nn tenma n^" _mew* ......1 ..---4. - __ - L: - ____ This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing 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 remain 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 PRINCIPAL, 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, be executed on this 2nd (Seal) the PRINCIPAL and SURETY caused this bond to day of February , 1987 . THE WILLIAM LYON COMPANY, a corporation Principal Principal Surety THE AMERICAN INSURANCE COMPANY Address P.O. Box 1975, Santa Ana, CA 92702 No riders, endorsements, By--Iyatricia Brebner, Attorney -in -Fact 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 acknowledgements) CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. ((0 TO: Honorable Mayor and Members of the City Council MEETING DATE: July 20, 1999 REPORT DATE: July 14, 1999 FROM: Terrence L. Belanger, City Manager TITLE: Resolution No. 99 -XX entitled: "A Resolution of the City Council of the City of Diamond Bar approving the installation of multi -way stop signs at the intersection of Longview Drive and Thunder Trail". SUMMARY: In order to ensure that vehicles approaching the intersection of Longview Drive and Thunder Trail come to a complete stop, on June 10, 1999, the Traffic and Transportation Commission recommended to the City Council the installation of multi -way stop signs at the abovementioned intersection. RECOMMENDATION: That the City Council adopt Resolution No. 99 -XX entitled: "A Resolution of the City Council of the City of Diamond Bar approving the installation of multi -way stop signs at the intersection of Longview Drive and Thunder Trail". LIST OF ATTACHMENTS: X Staff Report X Resolution(s) Ordinance(s) Agreement(s) _ Public Hearing Notification _ Bid Specification (on file in City Clerk's office) X Other: 6/10/99 T/T Minutes, and Aerial Map EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been X Yes _ No reviewed by the City Attorney? 2. Does the report require a majority vote? Majority X Yes _ No 3. Has environmental impact been assessed? N/A _ Yes _ No 4. Has the report been reviewed by a Commission? X Yes _ No Which Commission? Traffic & Transportation 5. Are other departments affected by the report? N/A _ Yes _ No Report discussed with the following affected departments: REVIEWED BY: Terrence L. elanger City Manager es DeStefano Deputy City Manager avid G. Liu Deputy Director of Public Works CITY COUNCIL REPORT AGENDA NO. _ MEETING DATE: July 20, 1999 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Resolution No. 99 -XX entitled: "A Resolution of the City Council of the City of Diamond Bar approving the installation of multi -way stop signs at the intersection of Longview Drive and Thunder Trail" ISSUE STATEMENT: To ensure that motorists come to a complete stop when reaching the intersection of Longview Drive and Thunder Trail. RECOMMENDATION: That the City Council adopt Resolution No. 99 -XX entitled: "A Resolution of the City Council of the City of Diamond Bar approving the installation of multi -way stop signs at the intersection of Longview Drive and Thunder Trail". FINANCIAL SUMMARY: The installation of the striping and stop signs will be funded through the City's Signing and Striping Maintenance account and is estimated to cost $500.00. BACKGROUND/DISCUSSION: On June 10, 1999, the Traffic and Transportation Commission approved the recommendation to install multi -way stop signs at the intersection of Longview Drive and Thunder Trail. Longview Drive and Thunder Trail is a four-way intersection. Longview Drive is approximately 6,600 feet (between Grand Avenue and Summitridge Drive) in length with a 64 feet right-of-way, and a 40 feet street width. There are 103 homes that front Longview Drive. Thunder Trail (between Summitridge Drive and Longview Drive) is approximately, 1,400 feet long and 31 residences front this street. There were no reported traffic accidents at this intersection within the past three years. However, with an 85`h percentile speed of 31 MPH on Longview Drive (north of Thunder Trail), there is a tendency to speed on this street. This intersection, along with others in the vicinity, first came to the attention of the Traffic and Transportation Commission on March 11, 1999. Since then, it has been discussed three times: on April 8, 1999, May 13, 1999, and June 10, 1999. Page Two Longview Dr./Thunder Tr. July 20, 1999 The entire neighborhood of Longview Drive (and Summitridge Drive) was previously reviewed by the Commission and studied by the City's consultants (LLGE). Specifically, along Longview Drive, the intersection of Longview Drive and Thunder Trail was investigated. The property located at the southwest corner of the intersection has several bushes and trees that interfere with motorists' line of sight. Since there is a sight visibility hazard and concern with speeding, multi - way stop signs at the intersection of Longview Drive and Thunder Trail was recommended by staff and the Commission. Area residents were invited to attend the April 8, 1999 Traffic and Transportation Commission meeting as well as the City Council meeting tonight. Prepared By: David G. Liu/Tseday Aberra RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE INSTALLATION OF MULTI -WAY STOP SIGNS AT THE INTERSECTION OF LONGVIEW DRIVE AND THUNDER TRAIL A. RECITALS. (i) The Traffic and Transportation Commission considered this matter at a public meeting on June 10, 1999. (ii) At the meeting of June 10, 1999, the Traffic and Transportation Commission determined that the installation of multi -way stop signs at the intersection of Longview Drive and Thunder Trail is appropriate. (iv) The Traffic and Transportation Commission recommends the installation Of multi -way stop signs at the intersection of Longview Drive and Thunder Trail. B. RESOLUTION. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: 2. Said action is pursuant to Sections 10.08.010 and 10.08.080 of the Diamond Bar City Code, as heretofore adopted; 2. The City Council hereby finds that the public health, safety, and welfare will be best protected by the approval of the installation of multi -way stop signs at the intersection of Longview Drive and Thunder Trail; and Be 3. The City Council of the City of Diamond Bar hereby authorizes and directs the City Engineer to cause said stop signs to be installed. PASSED, APPROVED and ADOPTED this day of '1999. MAYOR I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved, and adopted at a regular meeting of the City Council of the City of Diamond Bar held on day of , 1999 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: City Clerk, City of Diamond Bar 6A! JUNE 10, 1999 PAGE 2 ,fW�07' M. PUBLIC COMMENTS: Dr. Lawrence Rhodes spoke about cameras used tot e res of license plates of persons who run red lights. He recommended that the City place b sat the majo ' tersections of the City, especially on downhill grades such as Grand Avenue at Di and Bar Boulevar , rea Canyon Road northward, and any other locations the Sheriff dete s to be appropriate. said he believes it will generate revenue for the City and preve a need for additional deputies. Chair/Morris asked that st obtain information from the Sheriff epartment regarding the system and provide a report to the Commi 'on. DDPW/Liu indicated he will relay the missio ' request for information. If the information is available, staff will schedule this matter for ' ssion at the July 8 in, Chair Morris commented that with pect to the Sc of Traffic Study, each school in the Pomona Unified School District includ' the schools in North OT and Bar (Lorbeer Junior High School, Armstrong Elementary §0661, Diamond Point Elementary SbkQol and Golden Springs Elementary School) were each ' n $100,000 as a result of a bond issue. i chool is spending a little more than half of that am t on field and traffic improvements. He suggested t the Commission send a letter to some of t schools suggesting that they use these funds for mitigation m ures recommended by the IV/' CONSENT CALENDAR: None V. OLD BUSINESS: A. Traffic Investigation along Longview Drive. DDPW/Liu presented staffs report. Approximately 150 residents along Longview Drive and adjacent cul-de-sacs have been invited to attend tonight's meeting. However, there are no residents present to speak on this matter. Previously, one resident felt that Nan Court would be a better location than Thunder Trail. Staff recommends that the Traffic and Transportation Commission concur with staff s recommendation to install multi -way stop signs at the intersection of Longview Drive/Thunder Trail and forward the recommendation to the City Council. C/Istik stated that he feels that stop signs are not an effective speed control device. Chair/Morris said he views stop signs in residential areas differently from stop signs along major arterials. He believes that residential stop signs serve to return some of the quality of life to the neighborhood. JUNE 10, 1999 V1. r i. PAGE 3 C/Istik said he believes the City is introducing double yellow lines and stop signs rather quickly into residential neighborhoods which tends to provide the look of a residential neighborhood that has traffic problems. VCNirginkar stated that he believes the Commission has been very cautious in approving residential stop signs. He does agree with C/Istik that stop signs do not necessary completely slow down or reduce the speeding, but in a residential environment it is his experience that 99 percent of drivers respect the stop sign. Traffic studies have shown that there is a safety concern related to this particular intersection. In his opinion, a 6000 foot long stretch of street invites speeding, especially coming downhill from Leyland Drive to Grand Avenue. He feels that the stop sign will provide a positive contribution. Following discussion, VCNirginkar moved, C/Lin seconded, to concur with staff s recommendation to install multi -way stop signs at the intersection of longview Drive/Thunder Trail and forward its recommendation to the City Council. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS SS: Lin, VCNirginkar, Chair/Morris Istik Leonard -Colby A. Fiscaa,)kar 1999-2000 Goals and Objectives of the Traffic and DDPW/Liu pr nted staffs report. Staff recommends that the C mission review the information and dir cgstaff as necessary. DDPW/Liu responded to th ommission that off- ' e and overnight parking is an ongoing issue and therefore has not been place the Cit uncil's goals for FY 1999-2000. Conclusions will be based upon consideration of City s weeping and trash pickup. Chair/Morris asked staff to re seder Monda sh pickup rather than Tuesday pickup as well as, consideration of diffe pd rates paid by resident . DDPW/Liu ex�ed that these and other issues are current �nder consideration. Follo?)wKg discussion, the Commission concurred to deliver their co is and priorities to W/Liu by June 30, 1999. Staff will provide an updated listing for the mmission's July 8 meeting based upon the Commissioner's input. CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Honorable Mayor and Members of the City Council PORT DATE: July 14, 1999 MEETING DATE: July 20, 1999 FROM: Terrence L. Belanger, City Manager TITLE: Approval of Purchase Order to Procure Traffic Signal Poles for the Intersections of at Brea Canyon Road/Silver Bullet Drive, Lemon Avenue/Lycoming Street, Golden Springs Drive/Rapidview Drive and Diamond Bar Boulevard/SR 57 On -Ramp. SUMMARY: On July 12, 1999, the Department of Community and Development Services — Public Works Division sent out requests for bids for the procurement of traffic signal poles for the Brea Canyon Road/Silver Bullet Drive, Lemon Avenue/Lycoming Street, Golden Springs Drive/Rapidview Drive and Diamond Bar Boulevard/SR 57 On -Ramp Traffic Signal Improvement Projects. Traffic signal poles were to be ordered in advance of the award of the construction contract to help expedite the construction time frame and ensure construction project duration of 90 calendar days. Traffic signal poles normally take 3 months for manufacturing and delivery. Three bids were received, from Pacific Lighting Sales, Inc. in an amount not -to -exceed $32,948.06, from Lingo Industrial Electric in an amount not -to -exceed $32,386.24, from McCain Traffic Supply in an amount not -to -exceed $34,478.70. Union Metal opted not to bid this project. RECOMMENDATION: That the City Council approve the purchase order to Lingo Industrial Electric in an amount not -to -exceed $32,386.24. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification Resolution(s) _ Bid Specification _ Agreement(s) _ Other: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed NIA _Yes _ No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? N/A _ Yes _ No 4. Has the report been reviewed by a Commission? N/A _Yes _ No Which Commission? 5. Are other departments affected by the report? N/A _Yes _ No REVIEWED BY: Terre� � na;�t""nce L. Belar, City Manager les"DeStefano Deputy City Manager Liu Deputy Director of Public Works CITY COUNCIL REPORT AGENDA NO. _ MEETING DATE: May 18, 1999 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Approval of Purchase Order to Procure Traffic Signal Poles for the Intersections of at Brea Canyon Road/Silver Bullet Drive, Lemon Avenue/Lycoming Street, Golden Springs Drive/Rapidview Drive and Diamond Bar Boulevard/SR 57 On -Ramp ISSUE STATEMENT To expedite the construction project duration by ordering the traffic signal poles before award of a construction contract for the installation of traffic signals at Brea Canyon Road/Silver Bullet Drive, Lemon Avenue/Lycoming Street, Golden Springs Drive/Rapidview Drive and Diamond Bar Boulevard/SR 57 On -Ramp. RECOMMENDATION That the City Council approve the purchase order to Lingo Industrial Electric in an amount not - to -exceed $32,386.24. FINANCIAL SUMMARY A total of $520,000 has been budgeted for the traffic signal project at the four intersections. The breakdown for each intersection is as follows: • $130,000 of Gas Tax - Brea Canyon Road/Silver Bullet Drive • $130,000 of Gas Tax - Lemon Avenue/Lycoming Street • $70,000 of Gas Tax & $60,000 of Developer's Fee - Golden Springs Drive/Rapidview Drive • $130,000 of Gas Tax - Diamond Bar Boulevard/SR 57 On -Ramp. BACKGROUND/DISCUSSION Construction duration for new traffic signals is typically 3-4 months with possible delays due to the traffic signal pole manufacturing and shipment. In an effort to eliminate any delays and help expedite the construction process, the traffic signal poles for the traffic signal project at the intersections of Brea Canyon Road/Silver Bullet Drive, Lemon Avenue/Lycoming Street, Golden Springs Drive/Rapidview Drive and Diamond Bar Boulevard/SR 57 On -Ramp are recommended to be ordered by the City in advance. By ordering the traffic signal poles in advance of the construction contract award, the poles would arrive within 1 '/s months of the construction start date and there will be no lag time experienced. (See anticipated schedule below.) On July 12, 1999, the Department of Community and Development Services — Public Works Division sent out requests for bids for the procurement of traffic signal poles for the Brea Canyon Road/Silver Bullet Drive, Lemon Avenue/Lycoming Street, Golden Springs Drive/Ra.pidview Drive and Diamond Bar Boulevard/SR 57 On -Ramp Traffic Signal Improvement Project. Traffic signal poles were to be ordered in advance of the award of the construction contract to help expedite the construction time frame and ensure construction project duration of 90 calendar days. Traffic signal poles normally take 3 months for manufacturing and delivery. Three bids were received, from Pacific Lighting Sales, Inc. in an amount not -to -exceed $32,948.06, from Lingo Industrial Electric in an amount not -to -exceed $32,386.24, from McCain Traffic Supply in an amount not -to -exceed $34,478.70. Union Metal opted not to bid this project. The following companies supply traffic signal poles in California: 1.) Pacific Lighting Sales, Inc. 2.) Union Metal Corp., 3.) McCain Traffic Supply and 4.)Lingo Electrical. All four were faxed and mailed a Request for Bid Proposals. The City placed several criteria on these suppliers: 1. Delivery by 70 calendar days of notification; 2. $250 of liquidated damages for each day in excess of the time prescribed; and 3. A not -to -exceed cost to include all charges for manufacturing, supplies, and delivery. With these requirements, the following was received: COMPANY BCR/ LEMON/ GOLDEN DB/ TOTAL DELIVERY SILVER LYCOMING SPRINGS/ SR 57 COST TIMELINE BULLET RAPID- ON-RAMP (70 DAYS VIEW REQUIRED PACIFIC $6,630.31 $8,034.32 $11,425.79 $6,857.64 $32,948.06 14-16 WEEKS LIGHTING SALES, INC LAKE FOREST LINGO $6,550.21 $7,884.93 $11,184.39 $6,766.71 $32,386.24 12-14 WEEKS INDUSTRIAL SIERRA MADRE MCCAIN $7,256.00 $8,602.62 $11,341.35 7,278.73 $34,478.70 14-16 WEEKS TRAFFIC SUPPLY VISTA Timeline has been discussed with all traffic signal pole suppliers and no supplier can meet the 70 day requirement due to the non-standard mast arm lengths we are requesting. All timelines submitted are 12-16 weeks. Tentative schedule with advance order of traffic signal poles through Lingo Industrial Electric — 12-14 weeks- is as follows: Approval of Traffic Signal Pole Purchase Order Notice of Traffic Signal Pole Purchase Order to Lingo Industrial Elec. Approval of Plans and Specs (for all 4 intersections) Bid Opening for Construction Contract Award of Construction Contract Notice to Proceed for Construction *Arrival of Traffic Signal Poles End of Construction Prepared by: David G. Liu/Rose Manela 3 July 20, 1999 July 26, 1999 July 20, 1999 August 17, 1999 September 7, 1999 September 20, 1999 Oct. 18 -Nov. 5, 1999 December 17, 1999 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. � r e TO: Honorable Mayor and Members of the City Council MEETING DATE: July 20, 1999 REPORT DATE: July 14, 1999 FROM: Terrence L. Belanger, Cfty Manager TITLE: Resolution 99-xx: "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/Silver Bullet Drive, Lemon Avenue/Lycoming Street, Golden Springs Drive/Rapidview Drive and Diamond Bar Boulevard/SR 57 On -Ramp in Said City and Authorizing and Directing the City Clerk to Advertise to Receive Bids." SUMMARY: Our City Traffic Engineer, Mr. Warren Siecke has designed and prepared the plans and specifications for new traffic signals at the intersections of Brea Canyon Road/Silver Bullet Drive, Lemon Avenue/Lycoming Street, Golden Springs Drive/Rapidview Drive and Diamond Bar Boulevard/SR 57 On -Ramp. To expedite the construction time, the four intersections have been incorporated into one set of plans and specifications to be bid at one time. Traffic signal poles are to be ordered separately to also expedite construction activity. RECOMMENDATION: That the City Council approve Resolution 99-xx: "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/Silver Bullet Drive, Lemon Avenue/Lycoming Street, Golden Springs Drive/Rapidview Drive and Diamond Bar Boulevard/SR 57 On -Ramp 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 Bid Specification (on file w/ City _ Agreement(s) Clerk) 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 RE D BY: -AIL c Terrence L. Belanger Ja es DeStef o City Manager Deputy City Manager Deputy Director of Public Works CITY COUNCIL REPORT MEETING DATE: July 20, 1999 AGENDA NO. _ TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Resolution 99-u: "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/Silver Bullet Drive, Lemon Avenue/Lycoming Street, Golden Springs Drive/Rapidview Drive and Diamond Bar Boulevard/SR 57 On -Ramp in Said City and Authorizing and Directing the City Clerk to Advertise to Receive Bids." ISSUE STATEMENT To construct warranted traffic signal improvements in various areas of Diamond Bar to facilitate traffic flow. RECOMMENDATION That the City Council approve Resolution 99-xx: "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/Silver Bullet Drive, Lemon Avenue/Lycoming Street, Golden Springs Drive/Rapidview Drive and Diamond Bar Boulevard/SR 57 On -Ramp in Said City and Authorizing and Directing the City Clerk to Advertise to Receive Bids." FINANCIAL SUMMARY A total of $520,000 has been budgeted for the traffic signal project at the four intersections. The breakdown for each intersection is as follows: • $130,000 of Gas Tax - Brea Canyon Road/Silver Bullet Drive • $130,000 of Gas Tax - Lemon Avenue/Lycoming Street • $70,000 of Gas Tax & $60,000 of Developer's Fee - Golden Springs Drive/Rapidview Drive • $130,000 of Gas Tax - Diamond Bar Boulevard/SR 57 On -Ramp. The Engineer's Estimate for the project is $350,000.00. BACKGROUND/DISCUSSION Our City Traffic Engineer, Warren Siecke has designed and prepared the plans and specifications for new traffic signals at the intersections of Brea Canyon Road/Silver Bullet Drive, Lemon Avenue/Lycoming Street, Golden Springs Drive/Rapidview Drive and Diamond Bar Boulevard/SR 57 On -Ramp. To expedite the construction time, the four intersections have been incorporated into one set of plans and specifications to be bid at one time. Traffic signal poles are to be ordered separately to also expedite construction activity. Key aspects of requirements placed upon the contractor includes: ➢ Schedule to be submitted at least 10 calendar days before start of work; ➢ Completion of all work within 90 calendar days; and ➢ Liquidated damages of $500/day for non-performance. Tentative schedule is as follows: Approval of Plans and Specs (for all 4 intersections) July 20, 1999 Bid Opening for Construction Contract August 17, 1999 Award of Construction Contract September 7, 1999 Notice to Proceed for Construction September 20, 1999 *Arrival of Traffic Signal Poles Oct. 18 -Nov. 5, 1999 End of Construction December 17, 1999 Prepared by: David G. Liu/Rose E. Manela 2 RESOLUTION NO. 99 - 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/SILVER BULLET DRIVE, LEMON AVENUE/LYCOMING STREET, GOLDEN SPRINGS DRIVE/RAPIDVIEW DRIVE AND DIAMOND BAR BOULEVARD/SR 57 ON-RAMP 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 plans and specifications for the Traffic Signal Improvement Project at the Intersections of Brea Canyon Road/Silver Bullet Drive, Lemon Avenue/Lycoming Street, Golden Springs Drive/Rapidview Drive and Diamond Bar Boulevard/SR 57 On -Ramp. NOW, THEREFORE, BE IT RESOLVED that the plans and specifications presented to the City of Diamond Bar be and are hereby approved as the plans and specifications for the Traffic Signal Improvement Project at the Intersections of Brea Canyon Road/Silver Bullet Drive, Lemon Avenue/Lycoming Street, Golden Springs Drive/Rapidview Drive and Diamond Bar Boulevard/SR 57 On -Ramp. 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 17th day of August, 1999, sealed bids or proposals for the Traffic Signal Improvement Project at the Intersections of Brea Canyon Road/Silver Bullet Drive, Lemon Avenue/Lycoming Street, Golden Springs Drive/Rapidview Drive and Diamond Bar Boulevard/SR 57 On -Ramp. 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, " Traffic Signal Improvement Project at the Intersections of Brea Canyon Road/Silver Bullet Drive, Lemon Avenue/Lycoming Street, Golden Springs Drive/Rapidview Drive and Diamond Bar Boulevard/SR 57 On -Ramp." 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 and a non -reimbursable payment of $30.00 to the City of Diamond. Upon written request by the bidder, copies of the specifications will be mailed when said request is accompanied by a non -reimbursable payment of $40.00 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 20'h day of July, 1999. PASSED, APPROVED AND ADOPTED by the City Council of the City this 2& day of July, 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 20'h day of July, 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 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: July 20,1999 REPORT DATE: July 14,1999 FROM: Lynda Burgess, City Clerk TITLE: Upgrade of Electronic Document Management Software for Input, Retrieval and Storage of Vital Records SUMMARY: Early in 1999, the City switched its network operating system from LANtastic to Windows NT and provided new personal computers to the City Council and all staff. File Magic 4.3, the City s electronic document imaging system, was determined to be too limited as regarded access by internal users and not capable of being accessed by external system users. In order to expand the usability of the document management system, it was determined that a system upgrade was required. Staff met with several computer and records management experts on March 18, 1999 and it was agreed that the City should pursue an upgrade of File Magic to Fortis by File Magic provided by the same manufacturer. Staff requirements included 32-bit technology, provision of PowerWeb for integration of the City's documents from the document management software to the Internet for public access, assurance of Y2K compliance and purchase of the software from an extensively -experienced vendor. Only two firms currently exist in the Southern California area who are licensed by the manufacturer to sell said product One such firm, Document Imaging Service Corporation (DISC) of San Diego is a Master Reseller of Fortis software and is ranked one of the top ten leading resellers in the world. RECOMMENDATION: It is recommended that the City Council approve purchase of Fortis by File Magic, Fortis Power Web Serve, Fortis Office, software support, installation and training from Document Imaging Service Corp. (DISC) of San Diego in an amount not to exceed $46,230. Funds are currently available in the FY 1999-2000 budget approved by the City Council on June 15,1999. LIST OF ATTACHMENTS: X Staff Report X Other: Proposal furnished by DISC SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed _ Yes X No by the City Attorney? 2. Does the report require a majority vote? X Yes _ No 3. Has environmental impact been assessed? — Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? X Yes s No Report discussed with the following affected departments: City Manager, Communication & Marketing REV EWED BY: V� Terrence L. Belanger City Manager DEPARTMENT HEAU: Lynda Burgess City Clerk CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM DATE: July 15, 1999 TO: Terrence L. Belanger, City Manager FROM: Lynda Burgess, City Clerk SUBJECT: Upgrade of Electronic Document Management Software for Input, Retrieval and Storage of Vital Records ISSUE: The role of the public records manager is rapidly changing as the need for storage of public documents has changed from just 'storing' documents to providing effective and rapid retrieval of vital records for research purposes. In addition, records managers are charged with the responsibility of providing secure storage of public information, safe from environmental and/or human destructive behaviors. Public jurisdictions are now subject to a variety of legal issues relative to records management. These include issues of compliance with state, county and federal legislation regarding records retention and disposition, the availability of records subpoenaed for court cases and conflict of interest statements. Cost controls relative to increasing amounts of paperwork are also factors to be considered by records managers. The cycle of the expanding costs of unnecessary duplication of records, the paper flow within and among departments and the general public and the cost of storage requires that records be managed rather than stored. In addition, the definition of records has been redefined to indicate that records are a critical part of a city's information system. The ability of decision makers to gain access, manually or electronically, to information when they need it is crucial to the timeliness and relevance of their decision making and adds value to that decision. No one expects fire, tornado, hurricane, flood or other disaster that could destroy records, but they do occur. Any organization, therefore, should devote attention and resources to the development of a vital records program; that is, a plan for providing special protection against the loss of important information. Loss of certain records could leave the City vulnerable to litigation or make it impossible to bring suits. The City could face unexpected costs or lose revenues. Operating efficiency could be jeopardized, or the continuity of operations could be disrupted. Citizens could be deprived of documents or information that are important to them. Terrence Belanger July 15, 1999 Page Two A vital records program is akin to an insurance policy except that it is designed not to reimburse for losses but to reduce their consequences. It is, in a sense, an aspect of risk management. BACKGROUND: In May 1995, the City Council approved purchase of software known as File Magic Plus for Workgroups, Version 3 with a 10 -user license to provide for computer imaging of documents for the purpose of records management and archival storage. In 1997, this software package was upgraded to version 4.3 because of the discontinuation of technical support of the earlier package by the manufacturer, Westbrook Technologies. Further, the City purchased and installed CD-ROM publishing software, CD-ROM writing capability and a 7 -disc CD storage tower. Early in 1999, the City switched its network operating system from LANtastic to Windows NT and provided new personal computers to the City Council and all staff. File Magic 4.3, the City's electronic document imaging system, was determined to be too limited as regarded access by internal users and not capable of being accessed by external system users. In order to expand the usability of the document management system, it was determined that a system upgrade was required. On March 18, 1999, staff met with a representative from Westbrook Technologies, the manufacturer of FileMagic; a records management consultant and the consultant hired by the City to design the current Windows NT operating system. It was agreed that the City should pursue an upgrade of the File Magic software that is: 1) 32-bit technology rather than the 16-bit, version 4.3 (which is available in the form of Fortis software with web publishing capability) and assure that the upgrade is fully Y2K compliant. It was further agreed that staff would pursue purchase of the software from a certified, thoroughly trained, highly recommended, extensively experienced value added retailer. RFP's were not issued as there are only two firms currently licensed by Westbrook Technologies to sell their software in the Southern California area. One such firm, Ease4U, has recently decided to focus their attention on the financial transaction market and has withdrawn from the process with the City. The other service provider is Document Imaging Service Corporation (DISC) in San Diego, a Master Value Added Reseller of Fortis software and ranked as one of the top ten leading Westbrook resellers in the world. This firm has extensive experience including: implementation of the first imaging system in San Diego's Superior Court; imaging for criminal investigation for the U.S. Attorney's Office; Western Area Counsel Office of the U.S. Marine Corps, City of San Diego Auditor's Department through the San Diego Data Processing Corp. for the City of San Diego; multi -departmental installation in the City of Prescott, Arizona; Maricopa County Assessor's Office, Arizona; Development Services Terrence L. Belanger July 14, 1999 Page Three Department, City of San Diego and document conversion to images for Commonwealth Land Title. DISC has proposed the purchase of Fortis Server License (includes OCR, Barcode, Image Enhancement and FullText for 10 concurrent users), Fortis PowerWeb Server, Fortis Office for up to 20 concurrent users, 2 concurrent scan stations, 1 year annual support agreement with Westbrook Technologies, installation and training and travel expenses in a total amount of $46,230. A credit of $8,495 is included in the proposal to offset the costs expended by the City in 1997 to upgrade its FileMagic system to version 4.3. JUSTIFICATION: With the increasing prevalence of the computer, the volume of paper generated is growing, not shrinking. In the U.S. alone, over one trillion paper documents will be produced this year. Over 42 billion faxes will be transmitted. Currently, document imaging applications include (ranked in order of frequency of usage): records management, archival applications, customer service, application processing, litigation support, transaction processing, technical drawing/design management, claims processing, accounting and signature verification. Known advantages of electronic document management systems include A single CD-ROM disk can store 20,000 or more imaged pages, including photos and hand-written notes for a cost of $120. 2. A 4 -drawer file cabinet costs about $300 and can store approximately 1,400 pages. It would thus require 15 or more 4 -drawer filing cabinets to hold the same amount of information as one (1) CD-ROM. 3. Electronic document management delivers: double or triple processing capacity; reduction in staff time by up to 50%; immediate response; reduction in document storage space of 60 — 80%. 4. A misfiled document costs about $120 to find. With electronic document management, users can access documents in seconds; misfiling is impossible. 5. Imaged data can be accessed in seconds. While paper documents can only be used by one person at a time, imaged documents can be accessed Terrence L. Belanger July 14, 1999 Page Four simultaneously by as many people as the system is licensed to accommodate. 6. Cost savings are significant with electronic document management: The cost of one 650 M13/74 min. writable CD-ROM disk $15 The cost of file cabinets 0 The cost of refiling documents 0 The cost of finding a misfiled document 0 7. Imaged data can be accessed by the public from their own computers, at the library or other public locations thereby making Diamond Bar a useful link on the Information Superhighway. RECOMMENDATION: It is recommended that the City Council approve purchase of Fortis by File Magic, Fortis Power Web Server, Fortis Office, software support, installation and training from Document Imaging Service Corp. of San Diego in an amount not to exceed $46,230. Funds are currently available in the FY 1999-2000 budget approved by the City Council on June 15, 1999. Prepared by: r Lynda Burgess, City C erk Attachments: 1. Document Imaging Proposal prepared by Document Imaging Service Corporation 2. Background, services and clients of Document Imaging Service Corporation 3. "The Case for Document Management' produced by Westbrook Technologies, Inc. describing the capabilities of Fortis by File Magic. O)ISCDocument Imaging Service Corporation DOCUMENT IMAGING PROPOSAL PREPARED EXPRESSLY FOR City of Diamond Bar June 24,1999 411 Camino Del Rio South. Ste. 300 San Diego. CA 92108 Tel 619/296-3472 Fax 619/296-3479 www.NoMorePaper.com I. EXECUTIVE SUMMARY The City of Diamond Bar requires a vendor with an excellent reputation for providing imaging services. The project should be managed by professionals who have successfully completed projects of similar size and time constraints. The solution proposed by DISC is to implement the combination of Fortis software and DISC's imaging service experience. The Mission of DISC is: "To bring together people, technology, and paper in an easy to use, affordable system of information management." DISC first made it's mark in the legal market by providing scanning services on the most sensitive and confidential projects requiring it's personnel to have 6-E grand jury clearance. DISC implemented the first imaging system in San Diego's Superior Court and was also selected by the U_ S_ Attorney's Office to assist them with their first imaging trial presentation in Federal Court. DISC has successfully completed a variety of imaging projects involving mission critical documents. DISC has years of experience with conversions and document imaging systems_ The advantages offered to the City include: • San Diego's leading imaging service company with a reputation for providing the highest level of support. • A Master Value Added Reseller of Fortis ranked as the one of the top ten leading Westbrook resellers in the world. • Fujitsu Premier Partner for expert imaging capabilities and resources. • MDI Certified Partner and nStor Partner for mass storage devices. • Experience in managing scanning projects of approximately a million documents. • In-house expertise in document imaging systems. • Proven management expertise to ensure meeting all requirements schedules. DISC has been able to successfully complete. similar projects with the highest level of quality. This objective is achieved by stressing project planning and communication for each task and using professional, trained imaging specialists. The imaging specialists will be supervised by a project management team that will implement quality control_ Proud Sa twa t: The imaging solution proposed is implement the powerful yet easy-to-use Fortis by File Magic software. The modules included in this proposal arc: Fords Fortis by File Magic was built using Microsoft's Open Database Connectivity standard. The multi-user version operates as a true/client server system. The database is installed on a database server machine typically running Netware 3.x, Netware 4.x, Windows NT, or Windows 95. The client software is installed on a shared network drive and then downloaded to the client workstations running Windows 95 and/or Windows NT. Workstations are defined as Administration, Scan, Edit, or View stations. Fords PW%wWeb Server PowerWeb is a fully integrated member of Fortis by File Magic, a 32-bit, client/server document management software suite. PowerWeb extends the power of Fortis by making your company's documents available anywhere, anytime, through your favorite web browser. It puts the full power of Fortis at your fingertips with instant access to live Fortis documents and/or COLD reports, sophisticated search and retrieval techniques, a wide choice of viewing tools—and lets you print or fax your documents. And, because PowerWeb works through a freely distributable web browser plugin, it's an ideal document management solution for intranets, extranets and the internet alike. Fords Ojfice This option allows users to save Microsoft Word, Excel or Outlook files directly into Fortis from the File menu. The user simply clicks on a Fortis icon and the document can be saved to a Fortis inbasket or database. This gives you the advantage of easy storage, indexing and retrieval of Microsoft applications over your network and the web. Ad400nal Avtu7able Modules: A full suite of products guarantees you will never outgrow the Fortis system. Other software offerings include COLD and CDExpress and PowerWeb IIS. Even though they are not required by the City today, a brief descriptions are included below to let you know of how the system can be expanded in the future. Fords COLD Fortis COLD (Computer Output to Laser Disk) is designed to replace microfiche and significantly reduce or eliminate computer report printing and distribution. These traditional manual retrieval, printing distribution, and archival processes are costly and time consuming. Now computer report output can be stored on optical disks or CD- ROM. Once report information is loaded into Fortis COLD, it can be displayed, printed or faxed with a touch of a key CD-Express This output to CD mechanism allows your entire image, text and index databases to be transportable. Simply, the CD-ROM becomes a self-contained data and document source by including on the CD-ROM the retrieval module of the Fortis suite. Fortis PowerWeb IIS As an add-on to PowerWeb, the IIS Option provides a gateway between Fortis and a Microsoft IIS web server. Security is provided through the use of SSL (Secure Socket Layer) technology. This technology provides encryption and decryption of data between the browser and the server. 2 H. PRICING Software, Hardware, Support, Installation, and Training Pricing Des n Qmmtity Unit Price Total So are Fortis Server License (SQL ase database engine included) 1 S 14,995.00 $14,995.00 Fortis Powcr eb Sarver 1 $12,995.00 S12,995.00 Server Options: OM Barcode, Image Enhancesaent and Full Text 1 S2,995.00 S2,995.00 Fortis bAce — up to 2 concurrent users Scan Stations — 2concurrent users 1 2 1, 5.00 5995.00 S1,995.00 1, 90.00 Vices Stations —10 concurrent user pack 1 S0695-00 S4,695.00 Software Subtotal539,665.00 Upgrade Credit (S8,4-95.00) Software Total So tware 531,170.00 AffiiW S 1 .00 57,290.00 Insta 'ort ram on and Training Days 6 $1,100.00 S6,600.00 Travel Expense 6 $195.00 S1,170.00 Inst anon and Trabft Total TOTAL 7,770. $46,230.00 TERMS: 50% upon order, 50% ninstallation. ,PomFe-,r Irl n -7 11 oker c=zS g131�� j�&uc, ck.e-< a-pPro" on 3 �- REFERENCES This Miect requires a vendor with an excellent reputation for providing imaging services. The P%1CCt should be completed and managed by professionals who have successfully completed projects of similar size and time constraints. Document imaging Service Corporatfon "DISC" is San Diego's most experienced document imaging copy and has been ranked as one of the top ten Westbrook resellers in the world. DISC has successfully completed many mission critical projects, please contact the following selected references: Bac1 810 Conversion and Network Imaging System Western Area Counsel Office, USMC DISC has extensive experience working with govenunent projects including the Western Area Counsel Office (WACO) of the U.S. Marine Corps. Last year WACO contracted with DISC to scan 140,000 pages of their existing case files. Partial databases existed for the files in Lotus Approach and Microsoft Access. Paralegals examined the paper documertts in order to eliminate duplicates and nonessential information and complete the databases. The paralegals also inserted a separator sheet between each document with a preprinted case file number. Using the "Point and Shoot" feature, the approximately 2,000 case file numbers were OCR'd and populated into the field in the database. The completed Lotus Approach and Mierasoft Access databases were imported into File Magic. DISC has been awarded three backfile conversions for the U.S. Marine Corp, Camp Pendleton in the past yam_ WACO has a ten conctmwt user software and a 3097 Fujitsu 39 page per minute scanner. System installed in 1996. Backfiles performed in 1997 and 1998. Additional backfile to be performed this year. Approximate cost: 575,000.00 Company: Western Area Counsel Office, USMC Contact: Teresa young Phone: 760-725-51% . Address: Box 555231 Camp Pendleton, CA 92055 Network Imaging and COLD City of San Diego Auditor's Department The Auditor's Department is increasing productivity and has reduced the expense of gees microfiche reports. The Auditor's Department was spending 55,000 per month for outsourcing the creation of computer output to microfilm rts. has paid for itself in just a flew months. With COLD, they are not only ablretrieve reports in seconds, but can search for any information contained within the reports. The data 0also copied tD sFrdshcet Pregrams for easy analysis. Installed stem in 1997. Approxi cost $5,000. �' Company: San Diego Data Processing Corp. for the City of San Diego Contact: David Taylor 4 Phone: 619-503-7284 Address: 1200 Third Avenue, Ste. 424 San Diego, CA 92101 Mul"Opartmental Installation The City of Prescott, Arizona Starting with a. single user installation, in the Police Department, the City of Prescott added a ten concurrent user network version of File Magic to service Accounting, Tax and Licensing, and the City Attorney's Office. Now they are expanding by ten more users for a total of 21 users. In the accounting depamnent, the controller developed his own Visual Basic front end using the over 40 pre -built DDE calls that come standard with File Magic. Approximate cost: $4,000. Company: The City of Prescott, Arizona Contact: John Vonk Phone: 520-776-6345 Address. 201 South Cortez Prescott, Arizona 86303 NetworkCOLD Maricopa County, Assmsor's Office Maricopa County is the sixth largest and one of the fastest growing counties in the U.S. DISC has installed a 25 concurrent user COLD system into the County Assessor's Office to replace their computer output to microfiche system. Instead of accessing records through the slow and time consuming medium of microfiche, which required a two-week "Waiting Period, they now use COLD imaging. This has enabled them to have their data compressed and indexed in 24 hours and they have decreased the period it takes them to analyze their data from nine to two days. Installed system in 1997. Approximate cost $60,000.00 Company: The Assessor's Office, Maricopa County Contact: Chet Skowronski Phone: 602-506-8728 Address: 301 West Jefferson, Suite B-17 Phoenix, Arizona 85003 Document Imaging Service Corporation is not only experienced in turnkey imaging solutions but also well qualified to assist you with any backl'ile conversion. The following are a few, examples of prior projects_ ConveMon of 220,900 Aperture Cards City of San Diego, Development Services Department The City's Process 2000 will enable all city engineering drawings to be on-line. DISC was selected as the primary contractor for the aperture card conversion over twelve other competing vendors primarily due to our successful experience with large scale conversion projects under strict time constraints. The 220,000 aperture card conversion was completed with all project milestones met and the highest level of quality of output. Approximate cost $250,000.00. Company: City of San Diego, DSD Contact: Susan Bender Phone: 619-236-7316 Address: 1222 First Ave., Suite 424 San Diego, CA 92101 Imaging for Criminal lavesdption U.S. Attorney's Office, San Digo, CA DISC was selected as the imaging service bureau for the high profile conspiracy case against Federal Judges Malkus, Adams and Cmer. All DISC employees working on the case required Grand Jury security clearance because the work began before indictments were announced. All of the over 200,000 documents were scanned and indexed by DISC at the Federal Court House amd the Federal Bureau of Investigation. Approximate cost $500000.00. Company; U. S. Attorney' Office Contact: Lori Barnes, Lead Paralegal Phone: 619-557-6367 Address: 880 From St. San Diego, CA 92101 Cowasion of 750,060 Documents Commonwealth Land Title Converted over 750,000 title policies to images with indexing over 30 CD-ROM's. Process included extensive document preparation including separating relevant documents to be scanned from other documents not required to be archived. Additional policies are scanned and indexed quarterly, then appended to the existing database. Approximate cost $100,000.00 Company: Commonwealth Land Title Contact: Robert Allen Phone: 619-686-6000, ext, 251 Address: 1455 Frazee'Road, Ste. 600 San Diego, CA 92108 N1 -)ocumenT _magmg service l_.orporar.ion - Your maging ar;ner Nb E ASOUt ol% SERVICES SOFTWARE HAIDWARE 4OU11MAOING CLIENTS WHAT'SNEW CONTACT uS. Document It„aging :3e OOD Corpomion OUR MISSION About DISC To bring together people, technology, and paper in an easy-to-use, affordable system of information management. t At DISC, our focus is on collaboration with our clients to achieve business goals. We approach each assignment as partners, working with the client to determine the most effective and least costly means for employing available technology to solve current business problems. DISC's staff is unique in breadth and scope. The organization has a blend of business and technology expertise that allows us to address the needs of each client from a complete project perspective. DISC's extensive training program demands that each production specialist be expert in the most intricate aspects of scanning and indexing. Frequently, DISC professionals are called upon to play a consultative role in clients' projects, analyzing information to determine how it will be managed most effectively in a technology environment. Our staffs broad experience then becomes an invaluable asset, and enables DISC to become a true partner in facilitating the firm's document management. Home I About DISC I Services I Software I Hardware About Imagin I Clients What's New? ( Contact Us Jop http://www.nomorepaper.com/about.htm 7/14/99 Document Imaging Service Corporation - San Diego, Calitorma Document Imaging LW SC MiceCorpomfion ABOUT DISC Document Imaging Service Corporation (DISC) is San Diego's most experienced document imaging company and has been selected one of Imaging Magazine's "Top 25 Pure Imaging Resellers" in the nation. Since its inception, DISC has endeavored to provide relief from the "paper monster" that preys on such industries as law, finance, insurance, manufacturing, pharmaceuticals, and countless others. DISC first made its mark on the legal sector by providing scanning services for the most sensitive and confidential projects, some requiring DISC employees to have 6-E Grand Jury clearance. DISC implemented the first imaging system in San Diego's Superior Court, and was also selected by the US Attorney's Office to assist them with their first imaging trial presentation in Federal Court. DISC has since successfully completed many mission -critical projects across industry lines. To read about special projects using Adobe .pdf files, click on the Adobe link below. Home About DISC I Services I Software I Hardware j About Imaging I Clients I What's New? I Contact Us , _ 1 vrcr OKVsV SI CM FI CA. PLOLIMING 5Akw 01 E4 0.. CA SIGNIFICA PUBLISHING fittp://www.nomorepaper.com/disc.htm L ` SE cgs SOFTWARE HARDWARE ABOUT Ib"ING CLIENTS CONTACT us 7/14/99 Document Imaging Service Lorporation - w tat: _s _mating: HOME ABOUT DISC SERVICES SOFTWARC HART -WARE ABOUT IMAGING CUINTS MAT`S NEW CONTACT US rftL IDocument Ima0ing Sorvice, CorpoMion 12� WHAT IS IMAGING: About Imaging DOCUMENT IMAGING is a combination of software and hardware that allows users to capture information from a number of sources: paper, fax, e-mail, the Internet, even handwritten notes. The captured documents are then stored digitally on a computer system, and can be retrieved in seconds with a few keystrokes. Users can store, copy, and retrieve documents, and integrate them into their business applications. Whether for a single desktop or a multi-user environment, document imaging is an invaluable tool for controlling, managing, and sharing critical information. WHY IMAGING:' We are living in the Information Age, yet statistics tell us that an overwhelming 90% of our output is still on paper. With the increasing prevalence of the computer, the volume of paper generated is growing, not shrinking. In the United States alone, over one trillion paper documents will be produced this year. Over 42 billion fazes will be transmitted. What will businesses do with all this paper? One alternative is to develop a manual filing system. Documents are stored in file folders with identifying characteristics printed on colored tabs. To retrieve a document, employees must leave their desks, walk to the filing cabinet or central file room, locate the correct folder out of hundreds—possibly thousands—of similar folders, then thumb through the enclosed stack of paper to locate the correct document. The process typically takes five to ten minutes. Multiply those five or ten minutes by ten employees --or a hundred—and factor in the likelihood that each employee will repeat the process several times during a day. Add the possibility of off-site storage. Add the possibility that employees will need to copy and distribute the documents (find an available copier, stand and wait for the copies to be spit out ...). You begin to see the staggering financial burden paperwork places on an organization. Enter document imaging. According to an Ernst & Young study, deploying document imaging doubles or even triples processing http://www.nornorepaper.com/imaging.htm 7/14/99 Document Imaging Service Corporation - W'Zat Is tmaging - age /_ o-: L. capacity and reduces the time needed to assemble information by 50%. With document imaging, employees can retrieve information in seconds on their desktop workstations. Not only that, but they can distribute the documents with the click of a mouse via fax, e-mail, or shared in -boxes throughout their organization without leaving their desks! Documents may be retrieved, reviewed, or transferred by as many people as necessary without creating another piece of needless paper! The "paper monster" can return to its lair. And companies can get on with business, instead of paying their valuable employees to act as a copy service. And you can get on with business. Home I About DISC I Services I Software Hardware About Imaging I Clients I What's New? I Contact Us I TOP http://www.nomorepaper.com/imaging.htm 7/14/99 Jocumerr, mag►ng :-,ervice 1_orporation - -re v agic _ -ortis (-+. - �) vv e) ..ntranet _v_,)_. -age . o:: N E ABOUr Div SEtV1ttS St}i'ma 4iDWARE ASOUt k 41ING d IE S MAT'S' ; {4hi�A%E15 ot,I S C Document £�rvic e C or�Dpomion Software DISC is a Master Var ('Value -Added Reseller) of the File Magic® line *47 '` of award-winning document management software products. Over 10,000 companies worldwide use File Magic products to control, manage and share their documents. Among the awards File Magic has received are "Editor's Choice" (PC Magazine), "Best Vendor" (VAR Business), "Excellence in Imaging" (Association of Information & Image Management) and the prestigious "Imaging Product of the Year" award from Imaging Magazine. File Magic Plus 4 Series File Magic Plus allows you to scan, fax, or import any document type Nt I (word-processing, spreadsheet, e-mail, or scanned image) into a database on your computer for storage and retrieval. You can then search the database and retrieve necessary documents within seconds. The program also allows you to define user permissions (while maintaining existing network security), specify multiple archive locations for documents (magnetic disk, RAID, optical, CD, tape, etc.), and optimize distribution of image files over the network. Fortis Fortis® by File Magic is a 32-bit, Windows-based client/server application, based on Microsoft's Open Database Connectivity. It is bundled with Centura's (formerly Gupta) SQLBase. Microsoft SQL Server and Oracle versions are also available. The product has the style and look of the successful File Magic Plus 4 Series, with several key distinctions, including increased speed in indexing and retrieving documents across wide -area networks. The robust nature of the software guarantees to meet your needs in the future as you increase your number of users, number of documents stored, and server capacity. You create a hierarchy of folders and document types that represents how you wish to store and retrieve documents in your organization. You may wish to create one structure for the entire company, or customize the structure for each department. Either way, Fortis is flexible enough to meet your needs. CD Publishing Module File Magic CD -Express enables you to distribute data with the retrieval portion of the File Magic software on CD-ROM. Your clients, or associates on -the -road, can then retrieve, view, print, and http://www.nomorepaper,com/soft,htm 7/14/99 .Document magmg service Corporation - In e V.agic Fortis (.(,' -_) eve) _ntranet .v_.,'.. -age z- o:: fax documents without purchasing any .additional m)ftware. CD - Express is a simple, effective way to share information across several enterprises. File Magic COLD File Magic COLD (Computer Output to Laser Disk) :replaces report printing and hard -copy storage used by most data processing installations today. Traditional printing, distribution, archival and manual retrieval processes are costly and time-consuming. With File Magic COLD, computer report output can be stored on RAID, optical disks or CD-ROM. Once the report information is loaded into File Magic COLD, it can be retrieved in seconds with a few keystrokes. Users can then copy the information into a spreadsheet, or print or fax reports as necessary. What makes File Magic COLD stand out from the competition is its easy-to-use Windows interface, and its ability to automatically load, compress and index reports. Home I About DISC I Services I SoftwareHardware About Imaging I Clients I What's New? I Contact Us I Tom http://www.nomorepaper.com/soft.htm 7/14/99 Document Imaging Service Corporation Scanning -onversion . _ap :u: t HOPAE ABOUT DISC SERVICES 50IFt MAREHARDWARE ABOUT IKAGING CLIENTS "AY'S NEW t4NTA{T USI rkkklSC Document Imaging LW rocs f orpomion Services "canning DISC has the high-speed production capability to scan paper documents into digital form (electronic copies complete with signatures and the finest details), assign index fields (Name, Date, Subject, Customer Number, etc.) to your specifications, and deliver the electronic documents to you on CD. Up to 20,000 pages of your paper documents can be stored on one CD. Optical Character Recognition (OCR) After the paper is scanned into a digital image, DISC can go a step further and convert the information on the page into computer text, using Optical Character Recognition (OCR). The contents of the document can then be transferred into a word processing application, or into HTML format. With OCR, you can perform searches using a single word or phrase, or choose from even more powerful advanced search options. CD-ROM Production Once your paper is in digital form you can store enough CDs in your desk drawer to hold over one million pages. Imagine stacking that many paper copies neat to your desk—they would reach over 400 feet in height! But high storage capacity isn't the only advantage to CD- ROM. CDs have gained overwhelming popularity because they are inexpensive, offer superior security for your data, and are accepted as an international standard. Software Training and Support Implementing document imaging involves not only learning how to use the software, but also understanding the complete process. DISC provides you with an in-depth educational program, which includes training both for System Administrators and the users who perform the bulk of the processing tasks. All DISC instructors are certified in the particular software they teach, after receiving extensive training and a qualifying exam. DISC's support agreement includes friendly, knowledgeable telephone support, on-site support when necessary, and product upgrades. In addition, we offer a swift response time for support requests. http://www.nomorepaper.com/services.htm 7/14/99 Document Imaging Service Corporation - Clients HOME ABOUT DSV. 'SERVICES SOFTWARE HODWARE ABOUT IMAGING CLIENTS WHAT'S NEW CONTA(T US Iturnanc Ima�gin i3wvice corpomian I[Alk SELECTED PROJECTS At DISC, we consider client satisfaction the true measure of our success. Here are a few examples of how we are providing cost- effective, high-quality document management solutions to our clients. People are talking -- and we're listening! Records Management Gray Cary Ware Freidenrich Clients Gray Cary Ware Freidenrich, San Diego's largest law firm, needed an easy-to-use, effective system that would allow them quicker access to their case files during the critical document review process. They selected DISC to install a network version of File Magic® in-house. DISC also provided complete training, and continues to offer on-going support. The Records Management department, which supports nearly 200 litigators, has used the system on cases involving as many as one million pages. DISC also provides the File Magic CD -Express product to Gray Cary on a regular basis, for those attorneys who work on the road. For Gray Cary, document imaging provided the technology they needed to keep their documents working for them. Human Resources Pechanga Gaming Commission The Pechanga Gaming Commission compiles forty pages of information on each prospective employee. With the construction of a new 170,000 -square -foot casino, hiring had increased, resulting in massive amounts of paper. Pechanga needed not only to organize this information internally, but also to securely share it with the National Gaming Commission in Washington, D. C. They called DISC for help, and we provided a solution to their paper headache by installing a network version of File Magic* and two Fujitsu 3097 scanners. Pechanga enjoys the improved control over their personnel records, and their patrons enjoy safe, fun entertainment. Accounts Payable Mycogen Corporation Mycogen Corporation is a diversified agricultural biotechnology company that develops and markets technology-based products, and provides crop protection services to control agricultural pests and /14/99 http://www.nomorepaper.com/clients.htm _document _.magmg 6ervice -orporation - C _ients Page 2 of 3 improve food and fiber production. With such an important responsibility to the world (and its shareholders), Mycogen didn't want to become bogged down with the inevitable financial documents a company must process. They chose DISC to install a File Magic network solution for their accounts payable function. DISC was also contracted to scan a backfile of over 170,000 accounts payable documents including checks, purchase orders, invoices and expense reports. DISC delivered the documents on CDs, which Mycogen now stores in a mini -changer the size of a shoebox. The documents are easily retrieved using File Magic software. Mycogen also began scanning all accounts payable documents in-house on a go -forward basis. Now, Mycogen can protect their documents as well as our food supply. 700,000 Title Policies Commonwealth Land Title When Commonwealth first met with DISC, they kept their title policies off-site, an expensive and cumbersome storage method with a 48-hour turn -around for document retrieval. DISC and Commonwealth worked together to find a solution that would save both money and time. DISC scanned over 700,000 title policies and placed them on over 30 CDs. The conversion process required extensive document preparation, including separating the documents that needed to be scanned from those that did not require archiving. DISC worked in a partnership role with Commonwealth during this complex conversion, to ensure Commonwealth would be provided an accurate and effective document management solution. DISC also continues to scan and index additional policies on a quarterly basis, then adds them to the existing database. Commonwealth enjoys the instant retrieval that document imaging provides, and the money saved on storage and retrieval helps increase their bottom line. Imaging for Criminal Investigation U.S. Attorney's Office, San Diego, CA In a high-profile conspiracy case, the US Attorney's Office needed quick access to critical case files. They selected DISC to scan and index the over 200,000 documents related to the case. All DISC employees working on the project required Grand Jury security clearance because they began the work before indictments were announced. The case also required that all the work be done at the Federal Court House and the Federal Bureau of Investigation, so DISC brought the necessary production equipment and employees on-site. In the trial of a former eye surgeon, who was sentenced to 11 years in prison and ordered to pay back more than $15 million in restitution, both jury and spectators witnessed a fundamental change in the paper -handling tasks within the legal profession. The US Attorney's http://www.nomorepaper.com/clients.htm 7/14/99 Document Imaging Service Corporation - Clients Office selected DISC to transform all of the documents, charts, photographs and slides into computer exhibits. The awkward fumble to locate documents was replaced by quick computer searches. Every document was available to be presented as an exhibit on television monitors located throughout the courtroom, simply by scanning a barcode. The documents were enlarged, rotated, color highlighted and marked up in many ways without altering the originals. Conversion of 220,000 Aperture Cards City of San Diego, Development Services Department DISC is proud to be a part of the City of San Diego's "Process 2000", which will enable all city engineering drawings to be on-line. The City evaluated several vendors for the aperture card conversion, and chose DISC as the primary contractor, chiefly because of our successful experience with large scale conversion projects under strict time constraints. DISC completed the 220,000 aperture card conversion with all project milestones met and the highest quality output. Home I About DISC I Services I Software I Hardware About Imaging I Clients I What's New? I Contact Us http://www.nomorepaper.com/clients.htm 7/14/99 °' G t h s , t g1si t7 � It Can Make Your Company More Efficient, More Productive and More Profitable. Haile von e%er needed a document right away. but couldn't find it' Have you ever lost a document that rya, key to makint, a busines, decision'.' loci re not alone. It, a serious problem in business. And. ,taggeringlN. despite our being in the midst of the Information A,e. ()0",, of the documents handled in the workplace are ;till on paper. A Coopers & Lybrand study shows that the average office • �1lakes 10 copies of each document. • Spends $20 on labor for filing each document. • Spends S 120 sear( hing for even miss-1'ded document. • Loses 1 out of 20 office document. • ~pends $_'S0 recreating each lost document. -Inc. Magazine. There's a Better Way: Fortis by File �,�� solution to your document management problems. Fortis by File Ilagic is a client/server. 32-bit. ODBC compliant. IN indoors -based document management software program that captures any document --color or black & white. image or text from any sourcc-and stores it in your computer system. Combining performance. openness andscalability. Fortis is the most advanced document management software system available toddN. a Nether for a standalone workstation. or shared information in a local area network (LAN). or wide area network (\\,kN) environment. Fortis improves control over your business documents. assisting with the organization of your wort: and letting you share information with others. faster and more effectiveh. The bottom line is that Fortis cuts document management costs dramatically. Fortis lets you input documents into workstations designed for data acquisition. then index. file. store. retrieve and integrate them into your current business application. Distribution of such information is vital to decision making: as the more informed the decision s. iho nn,rt, pf"i'N" the II( i>ion ll. Information and documents may therefore be distributed across Your organizations LAINs, e-mail. fax. or groupware products. Fortis takes information availability to a wider audience by using the standard features of the internet and corporate intranet connections. Fortis strictly adopts the protocols and standards of Microsoft Windows by combining open database connectivity (ODBC). 32-bit technology. Windows-stvle toolbars. icons as shortcuts. tab -look interface and Windows Explorer --look to enhance its consistencv with. other leading edge software used in your daily work life. Plus. Fortis lets you set up the system in the way that works best for you as an individual. with a wide array of preferences including cue cards. ToolTips. and on-line. context -sensitive help for new users. t t .�I ,s`ir►t .�. 't It Fortis is unique and can grow at your pace. providing for growth and expansion of the user community throughout vour enterprise. Fortis is available as a stand-alone product operating with the relational database through ODBC. and as a multi-user version providing a powerful corporate -wide answer. Adopting an ODBC client/server platform which provides a total solution, from a simple L_A-N to a sophisticated infrastructure of LAINs and AANs. Fortis grows at your pace -whether additional users need to be added. or the capacity for millions of new documents is required. the foundation is Fortis. ,kli Ernst and Young study stated that electronic document management: • Can triple processing capacity. • Reduces staff time by up to 50°0. • Provides immediate access to decision -critical data. • Reduces document storage space up to 80%. • Provides a fail-safe, secure system. With Fortis. data acquisition is accomplished in a number of ways. Here are a few examples: • Scan - from paper originals. • Import - from documents, spreadsheets and graphics files created in a variety of husiness applications. • Faxed directly - imported from a variety of windows standard fax packages. • Interni information - HTML support is standard. • Color images - captured from scan. Photo -CD an(Vor digital camera. Index and File I Fortis allows you to describe and organize or index documents the way you want to by adopting the concept of a hierarchy of folders which contain folders and/or document types. The top level database file cabinet contains subsidiary folderls). Folders can also contain documents. �l Document Type is a definition of a document. and defines the index fields and/or text to be used in describing the document. A document is assigned a -tvPe ' and is stored in a Folder. The main advantage of using Document Types is that documents of different types can be stored in the same Folder. For example. in Human Resources information i, captured for resumes. job applications. performance reviews. medical histories. salary information. etc. However, most Human Resource professionals don't store their records according to the type of record: rather. they store records by emplovee. In this example. then. the top-level Folder is Human Resources. and it contains separate Folders for each department in the company: accounting. W d Sales. Marketing. Distribution. Maintenance. and Personnel. etc. Each second -level Folder contains Folders for organizational grades: Managerial. Professional and/or Clerical. A Folder is prepared for each employee, and each employee Folder contains document types. Gsoig Folders and Document Types in this manner. Fortis provides a comprehensive set of design options to represent the wav you wish to store your documents. Creation of a Folder hierarchy- and document types can precisely match the departmental structure. which may of course be entirely different for each department or workgroup in across your organization. That 5 how Fortis makes it virtually impossible to misfile a document. Fortis provides two unique features to capture data: • Point & Shoot - Point to data and shoot it to the appropriate field. • Point to Bar Code - Initiate an automatic batch -scan when you have selected File Magic's bar code capabi itv. In either case. Fortis lets you create a template to index hundreds of documents at the click of a single item. i Fortis lets you store images and data in anv location throughout your network. to your choice of mase storage media, including: • RAID (Redundant arrays of Independent Disks) • Optical M01111 and erasable) • Magnetic • CAROM Filed documents are immediatelv available for review and use. And documents can be retrieved with a wide variety of search options: • Browse. • Search Narrowing by refining previous search criteria. • Fixed queries or Variable queries. • Full text queries. • Fuzzy search. • Highlighting of hits.. • .Uv combination of the above. Retrieving documents that are from anv of over 200 most commonly used business software programs such as Microsoft Word, Excel. Lotus I-2-3, WordPro, Corel Office suite, or even web pages in HTML formats. Fortis provides a Launch capability to present the information in its native format. You can also integrate your Fortis documents and data through Lotus and Microsoft business applications using OLE and DDE. Fortis by Fde Magic allows you to create custom Index Fields to locate specific document using information such as SSN (Social Security Number), invoice numbers. text words or phrases with full text capability. You can design a database that will allow you to describe and organize the indexed documents the wav you want. adopting the concept of a hierarchv of folders. which contain folders and or document types. The top ley -i database file cabinet contains subsidiary fold"s). The annotation feature in Fortis allows you to easily apply custom messages to both documents and images. You have a multitude of tools at your disposal to get your message across: from -'sticky notes". highlighters. customized stamps. voice rinnments and cNr11 Nidcu Clip%. r P I I r'M� An important Fortis feature is the ability to annotate documents with: • HigNights • "Sticky notes • Customized stamps (e.g.. "URGENT- or -'APPROAFD" I • Noice comments • Video clips • Even a document within a document. using OLE �Nhether scanning. importing. or annotating. you may° wish to alter the highlight pen color or even customize the stamp. Simply use Fortis' tabbed dialogs to select options you wish. You can easily move through the tabs to specify the settings that pertain to the task you wish. The tabbed dialogs are a standard look with Microsoft and other leading Windows applications. s t VAN— yard, E-mail it You can output and share a document from Fortis almost any way you want: • Print it or Fax it. • Share it on the network. • Send it via ALT] and UNI compliant e-mail. • Send it via the company intranet and/or use the 'Internet. • Emplov OLE or DDE to take advantage of Lotus Notes automation. and to distribute documents on a wide area network. roo,05,r We4 TeaiaeAwrie4Ixe- 22 Smnmmt PLam Or f. Cee -t OrAOS USA 19rana 2034636666 F- 203 463 3350 From the stand-alone svatem on single computer. you can log on as a System Administration station. Database administration station. or a Scan. Edit. or \ iew station. The Scan station provides you with all of the functionality of the Fortis multi-user system with its comprehensive array of features. functionality and server options. This configuration comes complete with SQLBase. a leading relational database. A simple Change Logon command lets you switch from one station to another. The multi-user system operates as a true client/server system. The database engine is installed on a database server machine tvpicaAi running NetA are 3a. NetWare 4.x. Window, NT. or R indows 95. The client software is installed on a shared network drive and then downloaded to the client workstations running W indows 3.x. Windows 95 and/or A indows NT. Workstations are defined as Administration stations. Scan stations. Edit stations or View stations. Fortis Server 32-bit database options: • SQLBase • SQL Server invoice Date. March 24, 1997 bl.*-kWW. ,a ,•: WA_ I 3Mt ►67 I M9rd 13 t"7 I Ups C-1 t4LL>D 13 I SkA,ri, Oarxd.d,.e*. 432 1 ,A"s 1 61N/J423 'I In NMnAM nkM lnM99 2369 1 6'25'J4XJ� \i it Fortis s batch indexing feature you are in complete control to set up multiple fields to capture and file multiple Inaanll.:uut erruratrl. fnlm .-our Irrha,ko. • Oracle • Other ODBC -compliant databases certified by WWesthrook Technologies. Server options • Optical character recognition (OCR) • Bar code • Full text • Image enhancement Client Workstations: Client workstations are called Scan. Edit or N iew according to their function. Clients may operate on the Windows 3.x. Windows 95 and/or Windows 1T workstation platforms. • A Scan station provides the user with the capability to scan documents into the system. edit the scanned documents. perform searches and view documents. • An Edit station lets users edit scanned documents. perform searches and view documents. A user of an Edit station cannot scan documents. • A Pew station lets user: perform searches and vies+ documents. A user of a aievc station cannot edit or scan documents. Abbott Laboratories 1D 11 American Western Life 11( Ashland Oil RIC Bristol lalvers Squibb Cathay Pacific Century Products Courtaulds Delta :airlines Delta Faucet Epson America Federal Express 11311 Intel KFC Mercedes Benz Vsde Pratt & Ahitnes Sherman & Sterling yupadrur S1s'o Foods l arttlac I ti Bankruptcy Court I .� Customs • Accounts Payable • ,-lccounts Receifahle • Admissions & Membership Management • Rank* Statements d C71eck jcrification • Catalog Management • Corporate Records • Court or Property Records • Child care • Customer Service • Human Resources • Insurance Records • InFentory Control • Legal Documentation • Litigation Recording° • Litigation support • Manual ( pdates • Manufacturing Control • llarketitW Communication • Medical Records • Patient Records • Purchasing/Order Processing • Quality, Control • Research & Development • Sales Support • Technical Support Internet Digital Faxed -in Photography Electronically / created Scanned Input • Full color images • Cray .cale images • Black & white images • Word pro file files �Ql7[ �' �� • Databasefaes _..______..__.. Sppreadsheet raes • OCR • Photographs • Point & Shoot • Barcode • Full text t_. ❑ ❑ d ❑ (Automation cis seripts) Forus • Browse Fortis by File Magic! allows for multiple • search Narrowing by refining databases distributed across your corporate • pr �oquua search criteria network infrastructure; LAN and/or WAN. •Flammable erieriee A database design allows you to describe Full text text queries and organize or index documents the way you want, adopting the concept of a ���� hierarchy of folders, which contain folders ts and or document types. The top level •Highlights database file cabinet contains subsidiary • S-* notes folder(sl. • Customized stamps Amer• Voice • Video �,"—;i • Even other documents '�.'. Launch& OiIntegrate Fax & E -Moi _ +- Print Internet CDExprees Fortis allows you to view and index over 200 different industry .standard file types: • Full color images • Grayscale images • Black & white images • Word processing files • HTML files • Spreadsheet files • Database files • Graphics files • Photographs Sectuity Fortis by File Magic provides powerful information access control which augments your existing network security system. Fortis affords controlled access and permissions to all documents, and granting these privileges is a database administration or database owner function. Each database has one Database Administrator or owner, defined at the time of database creation, who has the ultimate authority to maintain the database. The database owner assigns a name to the database and defines other users with authority to access the database. Only the database owner can define new Document Types, Formats, Pick Lists, and database users for the specific database. Control and security Permissions can be defined for each database user at the Folder level, the Document Type level and the Query Set level. A Fortis database is structured as a hierarchy of Folders that contain other Folders and documents. Each document is a assigned a predefined Document Type. lou can preview each document to adjust image quality settings before you scan it and index it. and Von can start the index process before you scan. Fortis offers several high volume batch scannin,,, methods to minimize the cost of data acquisition: • Scan single -sided or double -sided. • Separate pages in predefined intervals. • Separate documents with blank pages to automatically initiate a new index. • ',peed scan and index through: • Bar code recognition. • Full-page optical character recognition iOCR). • Fortis Point & Shoot templates. • Populate index fields using structured language query (SQL) protocols. dvnamic data exchange JA*) and/or object linked embedding (OLE). • lutomatic scanning through userdefined templates: OCR and Bar code. • Set properties for entire batch. or selected pages. Plus. you can expedite any or all of the data capture processes w ith the unique Fortis macro- driven ach -driven scripting setups-. lou also have the option of temporarily placing documents into a Fortis "in -basket:' which can even be distributed across a network. and which can have'public' or 'restricted access' as defined by the user in Fortis' system administrator module. Fortis permits an unlimited number of in -baskets: these are not linked to a specific databaseW. By providing separation of data ,apture from the process of indexing . Fortis allows data integrity maintenance as well as a service to provide the data capture capability-. Import Docnmemts With Fortis, files can be imported and then exported without converting them to images or having the native application resident, hour OCR output text file can be saved to a host Of standard word processing and desktop publishing file formats. including: Microsoft Word. Corel WordPerfect and Lotus Wordpro. ',aging your documents in the decolumnized 1SCII format means you maintain the logical flow of text in a multi-coluam document. Just like a newspaper or magazine. columns remain as in the original image, Even tables embedded within the column are recognized and left untouched. Imoke an automatic spelling check and correction on your OCR operation, Results arc checked against a built-in dictionary to improve the accuracy of your output text. Easy to edit. Fortis will show all questionable OCR results. highlight them. provide a snapshot of where the text appears in the original image. and offer—with a built-in proofing_ editor—the ideal opportunity for correction. Optiomd Image Dnhawememt Image enhancement provides a full complement of image enhancement features that let you improve the appearance and readability of your documents. The enhancement options may be used on both documents you are capturing and document images already stored in an in -basket or database. In both instances, the result is a "cleaned -up" (or enhanced) image—which reduces valuable storage space. • Enhance images already in the database or in -basket without viewing each one, simply set the option to perform the task. • Improve OCR results by fust enhancing the image during capture. • Image Enhancement options include: • De -Skew • Dot Shading removal • DeSpedde • Horizontal Line Removal • Vertical Line Removal • Vertical Registration • Inverse Teal Westbrook Technologies Incorporated 2' Summit Place • Branford, N)nnecticut 06405 ISA Sales: 800 Wlll PILI; • (:orporate: 2113 =183 6666 • l,ax: 203 483 3350 • Email: info(<Pfile ntagic.eom • Internet: mivu.f1h, mag*.eom [9197 inwkIlmhwilogir" hie. ,ill right; rm nrd. roni+:md 11w Ineer of Ikwnmenl 1lanag •mrN en• vu lrwark, H rrir nmarA. of Bisdmak Twhnnln ti a In . Filr 11:4 u n a n �arnvl iradrnurh ul 8'cedmad 1irhn do i •. ther tradrmmka, eraviremark+ and kigp .ur• pmprm ofYheir nnwwtire a vn and art hrwbv acktim 6dgrvl. - CITY OF DIAMOND BAR AGENDA NO. (ems ,55Y AGENDA REPORT TO: Honorable Mayor and Members of the City Council PORT DATE: July 14, 1999 MEETING DATE: July 20, 1999 FROM: Terrence L. Belanger, City Manager TITLE: Award of Construction Contract for the Golden Springs Drive Street Rehabilitation Project between Grand Avenue and Torito Lane. SUMMARY: On May 18, 1999, the City Council approved the plans and specifications for the Golden Springs Drive Street Rehabilitation Project. Council authorized and directed the City Clerk to advertise and receive bids. Notice to bidders was published on May 24, 1999. Seven (7) bids were submitted and opened on June 15, 1999. The apparent low bidder is Excel Paving Co. RECOMMENDATION: That the City Council receive the bids and award the construction contract to Excel Paving Co. for the Golden Springs Drive Street Rehabilitation Project, in an amount not to exceed $742,593.00. Furthermore, it is recommended that the Council authorize a contingency amount of $75,000.00 for project change orders to be approved by the City Manager, for a total authorization amount of $817,593.00. 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) x Other: Bid Proposal — on file at Engineering Division SUBMITTAL CHECKLIST: x Yes — No 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? Majority 2. Does the report require a majority or 4/5 vote? N/A Yes — No 3. Has environmental impact been assessed? N/A Yes _ No 4. Has the report been reviewed by a Commission? — Which Commission? 5. Are other departments affected by the report? N/A —Yes _ No Report discussed with the following affected departments: REVIEWED BY: Terrence L. Bela g r J DeStef o i G. Liu City Manager Deputy City M ger Deputy Director of Public Works CITY COUNCIL REPORT AGENDA NO. MEETING DATE: July 20, 1999 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Award of Construction Contract for the Golden Springs Drive Street Rehabilitation Project between Grand Avenue and Torito Lane. ISSUE STATEMENT To award the construction contract for the Golden Springs Drive Street Rehabilitation Project between Grand Avenue and Torito Lane. RECOMMENDATION That the City Council receive the bids and award the construction contract to Excel Paving Co. for the Golden Springs Drive Street Rehabilitation Project, in an amount not to exceed $742,593.00. Furthermore, it is recommended that the Council authorize a contingency amount of $75,000.00 for project change orders to be approved by the City Manager, for a total authorization amount of $817,593.00. FINANCIAL SUMMARY The Golden Springs Drive Street Rehabilitation Project is estimated to cost $1,100,000.00. The funding sources, as budgeted, will be Prop A/C Funds and Intermodal Surface Transportation Efficiency Act (ISTEA)/Transportation Equity Act for the 21st Century (TEA 21) Funds. Approval of $627,500 ISTEA Fund and $364,000 TEA 21 Fund has been allocated towards the cost of the project. The local match toward this project is $128,500 of Prop A/C Funds. The matching requirement for the ISTEA/TEA 21 program is 11.47% local fund to 88.53% federal funds. Through Fiscal Year 2003, TEA 21 reauthorizes the highway, highway safety, transit and other surface transportation programs in the ISTEA of 1991. BACKGROUND/DISCUSSION On May 18, 1999, the City Council approved the plans and specifications for the Golden Springs Drive Street Rehabilitation Project. Council authorized and directed the City Clerk to advertise and receive bids. Notice to bidders was published on May 24, 1999. In response to the advertisements, a total of nine (9) contractors obtained the plans and specifications for the project. Seven (7) bids were submitted and opened on June 15, 1999. The apparent low bidder is Excel Paving Co. The bids received were as follows: COMPANY BID AMOUNT 1. Excel Paving Co. $742,593.00 2. Sully -Miller Contracting $748,348.00 3. All American Asphalt $779,352.85 4. Gentry Brothers $781,064.00 5. Hood Corp. $827,080.50 6. R.J. Noble Co. $855,548.80 7. Mobassaly Eng. Inc. $890,920.40 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, prepared by a licensed Traffic Engineer; ➢ Notification to residents, utility owners and other public agencies; ➢ Completion of all work within 90 calendar days; and ➢ Liquidated damages of $500/day for non-performance. The bid of $742,593.00, submitted by Excel Paving Co., has been determined by staff to be the lowest responsible bid. Excel Paving Co.'s references has been contacted and staff has received favorable responses. Tentative schedule for the project is as follows: Award of Construction Contract July 20, 1999 Notice to Proceed/Start of Construction August 9, 1999 End of Construction Prepared by: David G. Liu /Rose E. Manela November 8, 1999 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 Excel Paving, 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 Excel Paving. Inc, and; WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for Golden Springs Drive Street Rehabilitation Project between Grand Avenue and Torito Lane 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 Golden Springs Drive Street Rehabilitation Project between Grand Avenue and Torito Lane in the City of Diamond Bar. The work to be performed in accordance with the plans and specifications, dated June 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 15 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. 3. TERMS OF CONTRACT The CONTRACTOR agrees to complete the work within ninety (90) 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 famish 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 noticepolicies of and of he Contract, deliver to the City Manager or his designee the original 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. Notice is hereby given that in accordance with the provisions of less ia 5. PREVAILING WAGE: alifornnotthan the Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay 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 Califothe City Clerk of the City of Diamond Bar, a Suite cop E. Copley such rive, Diamond determinations a posted atthejobs ia, and arc available to any interested party on eq City 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. on 7.5 of the 6. ecti APPRENTICESHIP EMPLOYMENT In accordance with �sions ofCounc Council, ?indentured Labor Code, and in accordance with the regulations of the California Apprenticeship apprentices may be employed in the performance of the work. The CONTRACTOR is required to make contribution to funds establshed for the apprnm inistrative of enticeable trade osuc such apprenticeship programs if he employs registered apprentices or journeymen in any app 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 crequirements mays be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, 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. 3 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. 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. : Pursuant to Labor Code Section 1735, no discrimination shall be made in 10. NON-DISCRIMINATION the employment of persons in the on w ork cs nnslated by he ACTOR mp o the penalties providedAgreement because of the for oin Labor Code Section person. A violation of this sects xpo 1735. 11. CONTRACT PRICE AND PAYMENT: material and doing the prescribed work the unit prices CONTRACTOR'S Proposal dated Jane_ 15,1999. City shall pay to the CONTRACTOR for furnishing all set forth in the Price Schedule in accordance with o enforce 12. ATTORNEY'S FEES: In the event that any actionshall precoveerr its reasonable ng is brought by feither �t fees and costs any term of provision of the this agreement, the prevailing party 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 suchincurred prior to the termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily 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. EXCEL PAVING INC.. By: TITLE CITY OF DIAMOND BAR, CALIFORNIA Un Date MAYOR ATTEST: By: Date CONTRACTOR'S Business Phone CITY CLERK Emergency Phone at which CONTRACTOR can be reached at any time APPROVED AS TO FORM: CITY ATTORNEY Date CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Honorable Mayor and Members of the City Council MEETING DATE: July 20, 1999 REPORT DATE: July 14, 1999 FROM: Terrence L. Belanger, City Manager TITLE: Award of Construction Administration/Inspection Services for the Golden Springs Drive Street Rehabilitation Project between Grand Avenue and Torito Lane. SUMMARY: On May 7, 1999, the Community and Development Services Department — Public Works Division solicited proposals for Construction Administration/Inspection services for the Golden Springs Drive Street Rehabilitation Project. On May 21, 1999, two proposals (from Dewan, Lundin & Associates and Hall & Foreman, Inc.) were 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 administrationlinspection services contract to Hall & Foreman Inc. RECOMMENDATION: That the City Council award the construction administration/inspection services contract to Hall & Foreman, Inc. for the Golden Springs Drive Street Rehabilitation Project, in an amount not - to -exceed $48,000.00 and provide a contingency amount of $5000.00 for contract amendment(s) to be approved by the City Manager, for a total authorization amount of $53,000.00 LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification _ Resolution(s) _ Bid Specification (on file in City Clerk's Office) _ Ordinances(s) _Other: x Agreement(s) 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 REVIEWED BY: ig;2 Terrence L. Bel' r es DeStefano a G. Liu City Manager Deputy City Manager Deputy Director of Public Works Cl"1'Y CUUNClL 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 Administration/Inspection Services for the Golden Springs Drive Street Rehabilitation Project between Grand Avenue and Torito Lane. ISSUE STATEMENT The City desires to retain Hall & Foreman, Inc. for the construction administration/inspection services for the Golden Springs Drive Street Rehabilitation Project. RECOMMENDATION That the City Council award the construction administration/inspection services contract to Hall & Foreman, Inc. for the Golden Springs Drive Street Rehabilitation Project, in an amount not -to - exceed $48,000.00 and provide a contingency amount of $5000.00 for contract amendment(s) to be approved by the City Manager, for a total authorization amount of $53,000.00 FINANCIAL SUMMARY The funding sources, as budgeted, will be Prop A/C Funds and Intermodal Surface Transportation Efficiency Act (ISTEA)/Transportation Equity Act for the 21" Century (TEA 21) Funds. Approval of $627,500 ISTEA Fund and $364,000 TEA 21 Fund has been allocated towards the cost of the project. The local match toward this project is $128,500 of Prop A/C Funds. The matching requirement for the ISTEA/TEA 21 program is 11.47% local fund to 88.53% federal funds. Through Fiscal Year 2003, TEA 21 reauthorizes the highway, highway safety, transit and other surface transportation programs in the ISTEA of 1991. BACKGROUND/DISCUS SION On May 7, 1999, the Community and Development Services Department — Public Works Division solicited proposals for Construction Administration/Inspection services for the Golden Springs Drive Street Rehabilitation Project. On May 21, 1999, two proposals (from Dewan, Lundin & Associates and Hall & Foreman, Inc.) were 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 Hall & Foreman Inc. The Hall & Foreman's proposal (Attachment "A") 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 ana aemonstrateu tiu.civbc Uy Lt10 consultant. Hall & Foreman, Inc. is very familiar with the project, as they were also the project designers and the liaison with Caltrans regarding compliance with the federal requirements. Prepared by: David G. Liu /Rose E Manela ,sJ71gcfrn��vT ,g .. PROJECT WORK PLAN ProJeet Understanding The City expects this project to improve the pavement life for a minimum of 10 years before additional rehabilitation is required. Golden Springs Drive is a major arterial for the City and has a tremendous traffic demand. This road segment provides access to residential areas, public golf course, schools and local businesses.. Construction will require temporary closures of lanes in each direction while maintaining uninterrupted traffic flow. Access to local busineauses, schools. recreation facilities and residential areas are to be maintained through all phases of construction. The City requires diet all affected property owners be kept informed as to the traffic routing requirements and accessibility to local businesses and public facilities. This MOM is funded with Federal and State funds. The contractor will be required to conform to Federal and State requirements regarding minority businesses and labor wage rates. Work Plan The construction project, for administrative purposes, is divided into various phases. These phases require the completion and acceptance of the contractor's work before the next phase can begin. These are: Pro -Construction Phase The construction administrator and inspector will conduct a pre -construction meeting with all contractors. subcontractors, utility providers and city staff. The purpose of the meeting is to discuss the roles of the individuals and companies, review the scope of the contract, and identify Potential, construction problems and to determine a construction schedule that meets the needs of the contract. Particular discussion will be to maintain access to local businesses, the golf course, schools and residential neighborhoods. The advance signing will be ordered and installed 2 weeks prior to beginning the work. Other contract issues will be discussed including Federal and State requirements. The administrator, inspector and contractor will walk the entire project to identify the particular items of work. key access locations, temporary signalization needs, construction phasing and contact with local businesses. Work not included in the contract will be identified and recommended to the City for determination of action. The detour traffic -phasing plan will be discussed. A video log and photographs will be taken for a complete "before construction„ history. A follow up meeting will be set up to mark the removals. The administrator will set up the construction files in accordance with Caltans procedures. The administrator will organize an informal informational meeting for the local businesses and other interested citizens. The purpose of the meeting will be to introduce and explain the project and give them a forum to ask questions and express their concerns. We will address each of the questions and provide responses in a newsletter format to be distributed to the auendees and have it available at City Hall for other interested citizens. FAWP5IW924TMponM0OWm Sperm Corot impW&c or, 6,'9 iWli 9650b99bIL OXI AivwIuod 8 2IVH 6560 (aim) 66 . �t -- - - r Establish a 24-hour HOT LINE within the City's voice mail system. We will access the messages consistently throughout the workday and on weekends and holidays. Messages will be responded to immediately or as necessary depending on the nature of the message. Construction Phase The construction administrator will perform the following duties: 1. Review the approved traffic control plan 2. Review the construction schedule 3. Meet with each property owner within the construction zone 4. Meet weekly with the contractor to review and plan for the next weeks work 5. Discuss any changes to the project and prepare extra work and change orders for city approval 6. Review all pay items, quantities and percent completion 7. Review progress pay requests for completeness and compliance to the specifications S. Review all material specification for compliance 9. Maintain all construction files 10. Maintain compliance to Federal and State funding requirements 11. Enforce corrective mwares as necessary to maintain access to local businesses 12. Maintain a safe construction zone 13. Review the project on a daily basis and during the weekends for safety purposes 14. Maintain coordination with utility providers 15. Prepare weekly meeting minutes for City review The inspector will perform the following duties: 1. Maintain a dally inspection log 2. Compile a video and photo log 3. Check for compliance with the contract plans and specifications 4. Check all removal markings 5. Check quantities provided by the contractor 6. Review the prop= pay requests for payment 7. Chock for compliance with the detour plan and access to local businesses S. Check for manerkal compliance with the specification and plans 9. Compile final as -built plans 10. Check for compliance with the construction schedule 11. Check for compliance with the construction work hours 12. Coordinate construction work with other utilities 13. Check for compliance with Federal and State funding requirements 14. Provide inspection of contractor provided materials at off site locations (plant inspection) 15. Monitor the work site for safety issues and correct as necessary 16. Prepare weekly meeting agenda with contractor 17. Provide a weekly inspection report summary with photos, which will be provided to the City for circulation. 18. Other inspection requirements as necessary to complete the project FAWPf 1I4924U%p"Zold n Sprinp Cora iaspM.6m 9650399btL ON? NVYeaxoa It 'IiVH 65{i"Z 60 (cam) 66 . t nf Post Construction Phase The inspector will: 1. Compile a punch list of all deficient or incomplete items 2. Review the final eontt'act change order and verify tate final pay item quantities 3. Compile the as -built plans for delivery to the City 4. Prepare a final video and photo log of the completed project S. Provide the complete inspection logs and video and photo logs to the City The construction administrator will: 1. Complete the construction files for delivery to the City 2. Review the final contract change order for final payment - 3. Recommend filing the Notice of Completion and retention payment 4. Complete the And Federal and State requirements FAWP51149241BropossIVIolden Speinp Conn InspuLdoc OF 6: 3�Vd 9650b99i+IL SKI XvKallol V IZVH 0o:0I (Cam) 66 b "In f' FEE SCHEDULE Hourly Rates Contractor Administrator .................................. ,............. 5115 IM hour Inspector...............,............................................;.......................................................... $75 per hour Hourly rates include all charges except for other consultant services or testing services. Hall & Foreman, Inc, will complete the proposed services for a "Not to E=efed" Fee of 548,000. - For your convenience, the billing breakdown will be as follows; 1. Inspection (based on 64 work days with 6 to 8 hours per day)...............................$30,000 2. Administration (based on 1 hour per day)...................................................................57 500 3. Caltrans Local Programs Application process. .54,000 4.Traffic/Geotechnical ........................................................I......................................$6,500 Total ..................................... This fee is based on a construction period of 40 calendar days. This fee is binding for 60 days. PROFESSIONAL SERVICE AGREEMENT The Consultant Service Agreement provided by the City is signed without changes and is attached to this proposal: INSURANCE Hall & Foreman, Inc. has the required insurance information on file with the City. Updated endorsements will be provided to the City before approval of the contract. FAWPS1W9241Propoj&i*ojden SWIn`s ConstInspecLdoc 6/6 '3Odd 9650b99b:L ONI NVNI38O3 V 1YH IO of (c3M) 66 . int '-Inr CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of July 20, 1999 by and between the City of Diamond Bar, a municipal corporation ("City") and Hall & Foreman, Inc , ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City as set forth in Exhibit "A." B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. 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 July 20, 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: Hall & Foreman, Inc. 203 N. Golden Circle Dr., St. 300 Santa Ana, CA 92705-4010 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 within the scope of their duties, from all claims, losses and and contribution against the Indemnitees, while acting l� 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 eo�s Sect on 8 in the shall Agreement int ev Consultant, then all obligations, liabilities, covenants and conditions 9, Insurance. Consultant shall at all times during the term of this Agreement cant, maintain, and an 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 mini o m l gits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage a ul 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; ad (5e)r worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by 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 o additional isprior written notto ice policy) by the insurance carrier without the insurance carrier giving City thirty ( ) Y 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 ess that one (1) day prior to indicating compliance with all other minimum Endorsemensurance ts shall be executed oements above, not ln City's appropriate standard beginning of performance underAgreement. 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 p�trich'on or limitatiod by nupon is use dissemination t in the Pe 0 of s Agreement shall be and remain the property of City 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 havinanre such hrest woula �1employed in by er Furthermore, Consultant shall avoid the appearance of having any 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 hardwareor software to City the is a result of the of this Agreemance of this Agreement. Consultant's covenant under this 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 uponfe date specifdelivery of the notice. in the nOt'ce of termination, or, in the event no date is specified, upon the fifteenth (15th) day g 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 AgTeees required under this Agreement will isiomeand all perAll of sonnel engaged in theork shall be qualified to be performed by Consultant or under it supeits own perform such services. Consultant reserves thehis right to de nt,burminiyreserves thassignment t for good cause, to rec1L'ue performance of Consultant's services under mperforming ,ices on City's premises. Consultant to exclude any employee p 15. Financial Condition. Prior to entering into this Agreement, Consultant has submitted documentation acceptable to the City Manager, establishing that it is financially solvent, sda s of the fiuch that it rst reasonably be expected to perform the services required by this Agreement. Within arty (3the term of this anniversary of the effective date of thus Agreement, and each year thereafter through out Agreement, Consultant shall submit such financial soca ass sound a may position as was thepropriate to rsh to t case prior he satisfaction of the City Manager that ConsultantManager shall be returned to to entering into this Agreement. Financial information submitted to the City g 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 thisAgreement, and will comply with all rules and regulationsof City relating thereto. Such nondiscrimination shall include but not be limited to the following: p yment 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 is an equal opportunity employer or that all qualified applicants will behalf of Consultant state either that it 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 of the effective date of this Agreement, and each year thereafter throughout the term of t>� mments ort. The worints product required by this Agreement shk all be utilized as the basis for review, and any received by City during the review period, either orally or in writing, shall be considered. City shall meet with liance with the Agreement Consultant prior to preparing the written report. If any noncompfound, 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 of er con itioncof pert rmanoo ce under this Agreement. In no event shall the making by City of any paym ent toconstrued as a waiver by City of any breach of covenant, or any default which may then exist on r of Consultant, and the making of any such payment by City shall in no way impair or prejudice any rightremedy 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 othis Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and f 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 A shall be deemed to be the original, and greement may be executed in any number of coon all of which together shall constitute one and the same i�i�strumerit�ch 25. Entire Agreement. This A eemen and any reference, represent the entire and integrat d agreement betweeothn Consultandocumentst and City. ThismAy specific Agreement supersedes all prior oral or written negotiations, representations or agreements. This A gr amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly Agreement may not be refers to this agreement Amendments on behalf of the Ciry 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. above. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written "City" ATTEST: CITY OF DIAMOND BAR By: City Clerk By. City Manager Approved as to form: "CONSULTANT" City Attorney as Page 6 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO.: 6JOA TO: Honorable Mayor and Members of the City Council MEETING DATE: July 20, 1999 REPORT DATE: July 14, 1999 FROM: Terrence L. Belanger, City Manager TITLE: Award of Construction Contract for Area 1 Slurry Seal. SUMMARY: On June 15, 1999, the City Council approved the specifications and authorized the City Clerk to advertise to accept bids for the Area 1 Slurry Seal Project and the Area 1 Slurry Seal — ARAM Overlay 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 July 13, 1999, four (4) bids were received for the Area 1 Slurry Seal Project from Asphalt Maintenance, Valley Slurry Seal, Roy Alan Slurry Seal and Doug Martin Contracting (ranging from $527,197.17 to $661,414.06 for base bids) and one (1) bid was received for the Area 1 Slurry Seal — ARAM Overlay Project from Manhole Adjusting ($72,882.60 base bid). RECOMMENDATION: That the City Council award the construction contract to Asphalt Maintenance Company of California for the Area 1 Slurry Seal Project in an amount not to exceed $535,603.53. 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 of $560,603.53. LIST OF ATTACHMENTS: X Staff Report Public Hearing Notification —Resolution(s) _ Other: x Agreement(s) 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 f�' vIva Te ence L. Bel n er es DeStefano OOCG. Liu City Manager " Deputy City Manager Deputy Director of Public Works CITY COUNCIL REPORT AGENDA NO. MEETING DATE: July 14, 1999 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Award of Construction Contract for Area 1 Slurry Seal ISSUE STATEMENT To award the construction contract for the Area 1 Slurry Seal Project. RECOMMENDATION That the City Council award the construction contract to Asphalt Maintenance Company of California for the Area 1 Slurry Seal Project in an amount not to exceed $535,603.53. 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 of $560,603.53. FINANCIAL SUMMARY This project was previously funded within the FY 1998-1999 CIP Budget. It is requested that these monies be reallocated to FY 1999-2000 for these projects. Actual contract costs (for slurry seal, ARAM and construction administration/inspection) totals to approximately $700,000.00. Additional monies of $32,000 is requested to be allocated for contingencies for those contracts. $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 (based on separating the slurry seal and ARAM projects) 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 BACKGROUNB/DISCUSSION On June 15, 1999, the City Council approved the specifications and authorized the City Clerk to advertise to accept bids for the Area 1 Slurry Seal Project and the Area 1 Slurry Seal — ARAM Overlay 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 July 13, 1999, four (4) bids were received for the Area 1 Slurry Seal Project from Asphalt Maintenance, Valley Slurry Seal, Roy Alan Slurry Seal and Doug Martin Contracting (ranging from $527,197.17 to $661,414.06 for base bids) and one (1) bid was received for the Area 1 Slurry Seal — ARAM Overlay Project from Manhole Adjusting ($72,882.60 base bid). The bids received for the slurry seal project is as follows: COMPANY BID A BID B TOTAL 1. Asphalt Maintenance $527,197.17 $8,406.36 $535,603.53 2. Roy Allan Slurry Seal $541,512.98 $8,787.35 $550,300.33 3. Valley Slurry Seal $660,091.60 $10,077.80 $670,169.40 4. Doug Martin Contr. $661,414.06 $9,832.00 $671,246.06 Key aspects of requirements to be placed upon the contractors 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 contractors are to coordinate the work application prior to the Slurry Seal application. as follows: Award of Construction Contract Notice to Proceed/Start of Construction End of Construction together, ensuring the completion of ARAM Anticipated timeline for the project milestones is July 20, 1999 August 9, 1999 October 15, 1999 The updated Engineer's estimates (based on separating the slurry seal and ARAM projects) 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 There is an actual savings of $38,000.00 for the Slurry Seal project from the original estimate of $574,000.00 and an actual savings of $48,100.00 (between the base bids for the 6 locations) for the ARAM project from the original estimate of $121,000.00. Prepared by: David G. Liu/Rose 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 Asphalt Maintenance Company of California. 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 Asphalt Maintenance Company of California and; WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for Area 1 Slurry Seal 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 Area 1 Slurry Seal Project in the City of Diamond Bar. The work to be performed in accordance with the plans and specifications, dated June 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 July 13 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 The CONTRACTOR agrees to complete the work within fifty 50 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 c�mcellation 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. C. The CONTRACTOR shall, within ten (10) days from the date of the notice of award of the Contract, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The CONTRACTOR shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general 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 b this contract as such travel and subsistence defined in the applicable collective bargaining a y payments are g � g greements 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-DISCRIIvIINATION• 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 m the Price Schedule in accordance with CONTRACTOR'S Proposal dated AIX 13,1999. 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 WI HEREOF, 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. Asphalt Maintenance Company of California Date By: TITLE CITY OF DIAMOND BAR, CALIFORNIA By: Date MAYOR ATTEST: By: Date CONTRACTOR'S Business Phone CITY CLERK Emergency Phone at which CONTRACTOR can be reached at any time APPROVED AS TO FORM: CITY ATTORNEY Date CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO.: 1/1/06 TO: Honorable Mayor and Members of the City Council MEETING DATE: July 20, 1999 REPORT DATE: July 14, 1999 FROM: Terrence L. Belanger, City Manager TITLE: Award of Construction Contract for Area 1 Slurry Seal – ARAM Overlay Project SUMMARY: On June 15, 1999, the City Council approved the specifications and authorized the City Clerk to advertise to accept bids for the Area 1 Slurry Seal Project and the Area 1 Slurry Seal – ARAM Overlay Project. Notice to bidders was advertised on May 10, 1999. In response to the advertisements, a total of four (4) contractors obtained the specifications for the project. On July 13, 1999, one (1) bid was received for the Area 1 Slurry Seal – ARAM Overlay Project from Manhole Adjusting ($72,882.60 base bid). Staff recommends to add alternates items 4-K, 4- L, 4-Q and 4-R from Bid Schedule B (for segments located Steep Canyon Road (1), Clear Creek Canyon Drive (1) and Quail Summit Drive (2)), for an additional $32,794.36. RECOMMENDATION: That the City Council award the construction contract to Manhole Adjusting for the Area 1 Slurry Seal – ARAM Overlay Project in an amount not to exceed $105,676.96. Furthermore, it is recommended that the Council authorize a contingency amount of $4,000.00 for project change orders to be approved by the City Manager, for a total authorization of $109,676.96. LIST OF ATTACHMENTS: X Staff Report Public Hearing Notification —Resolution(s) _ Other: Specifications on file at the x 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: –& -ti ' J Terrence L. Belg r City Manager " y mes DeStefan Deputy City Manager z� �-�4 11'al'id G. Liu Deputy Director of Public Works CITY COUNCIL REPORT MEETING DATE: July 20, 1999 AGENDA NO. TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Award of Construction Contract for Area 1 Slurry Seal — ARAM Overlay Project. ISSUE STATEMENT To award the construction contract for the Area 1 Slurry Seal — Asphalt Rubber and Aggregate Membrane (ARAM) Overlay Project. RECOMMENDATION That the City Council award the construction contract to Manhole Adjusting for the Area 1 Slurry Seal — ARAM Project in an amount not to exceed $105,676.96. Furthermore, it is recommended that the Council authorize a contingency amount of $4,000.00 for project change orders to be approved by the City Manager, for a total authorization of $109,676.96. FINANCIAL SUMMARY This project was previously funded within the FY 1998-1999 CIP Budget. It is requested that these monies be reallocated to FY 1999-2000 for these projects. Actual contract costs (for slurry seal, ARAM and construction administration/inspection) totals to approximately $700,000.00. Additional monies of $32,000 is requested to be allocated for contingencies for those contracts. • $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 (based on separating the slurry seal and ARAM projects) 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/DISCUS SION To maximize the City's resources and to extend the service life of the streets, the consultant and star have recommended Cape Seal approach to rehabilitate some of the distressed streets. Identified in the approved 5 -year Pavement Management Program 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. 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. On June 15, 1999, the City Council approved the specifications and authorized the City Clerk to advertise to accept bids for the Area 1 Slurry Seal Project and the Area 1 Slurry Seal ARAM Overlay Project. Notice to bidders was advertised on May 10, 1999. In response to the advertisements, a total of four (4) contractors obtained the specifications for the project. On July 13, 1999, one (1) bid was received for the Area 1 Slurry Seal — ARAM Overlay Project from Manhole Adjusting ($72,882.60 base bid). Staff recommends to add alternates items 4-K, 4-L, 4- Q and 4-R from Bid Schedule B (for segments located Steep Canyon Road (1), Clear Creek Canyon Drive (1) and Quail Summit Drive (2)), for an additional $32,794.36. The bid received is as follows: (see attached sheets for details on bid items) MANHOLE ADJUSTING BID SCHEDULE (base bid) BID SCHEDULE B $72,882.60 4(g) $ 3,192.32 4(h) $ 3,183.04 4(i) $30,231.92 40) $26,830.80 4(k) $ 7,487.80 4(1) $10,899.36 4(m) $ 5,731.56 4(n) $ 484.30 4(o) $ 3,771.16 4(p) $ 4,780.36 4(q) $ 6,472.80 4(r) $ 7,934.40 As previously noted, Manhole Adjusting is the only local ARAM contractor for Southern California. 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 contractors 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 10 working days; and ➢ Liquidated damages of $500/day for non-performance. Both contractors are to coordinate the work application prior to the Slurry Seal application. as follows: Award of Construction Contract Notice to Proceed/Start of Construction End of Construction together, ensuring the completion of ARAM Anticipated timeline for the project milestones is July 20, 1999 August 9, 1999 August 20, 1999 The updated Engineer's estimates (based on separating the slurry seal and ARAM projects) 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 There is an actual savings of $38,000.00 for the Slurry Seal project from the original estimate of $574,000.00 and an actual savings of $48,100.00 (between the base bids for the 6 locations) for the ARAM project from the original estimate of $121,000.00. Prepared by: David G. 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C C O .1 O C O C O a) '� C O N C O C = O L C m C L •� R U 10 U t0 a) O f6 U W m iE tO rn Ip U N C � O a a U a a U a@ U -a U n. L) n n U a o U o d U c' O E U nI a a a a a r a a (n a a a �'a o a LL (n CAt 0 M LL M LL M LL (n LL LL M LL (n LL N LL (n LL M LL Wt 7 ao OC w O) O N 0 o LO N o 00 Ln a LA n v (n0 O i� o n O O Ch I 00 o N m o O M N N ioI IQI a) CD m a 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 Manhole Adjusting 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 Manhole Adjusting Inc. and; WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for Area 1 Slurry Seal — ARAM Overlav 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 Area 1 Slurry Seal — ARAM Overlay Proiect in the City of Diamond Bar. The work to be performed in accordance with the plans and specifications, dated June 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 July 13 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 notice to proceed. The CONTRACTOR agrees to complete the work within ten 10 working days from the date of the 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. 7 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. C. The CONTRACTOR shall, within ten (10) days from the date of the notice of award of the Contract, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The CONTRACTOR shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general 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 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. 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-DISCRRVIINATION: 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 July 13.19 99. 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. MANHOLE ADJUSTING INC. Date By: TITLE CITY OF DIAMOND BAR, CALIFORNIA By: Date MAYOR ATTEST: By: Date CONTRACTOR'S Business Phone CITY CLERK Emergency Phone at which CONTRACTOR can be reached at any time APPROVED AS TO FORM: CITY ATTORNEY Date CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO.: G^ I 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: Area 1 Slurry Seal – Construction Administration and Inspection Services. SUMMARY: On June 15, 1999, the City Council approved the specifications and authorized the City Clerk to advertise to accept bids for the Area 1 Slurry Seal Project and the Area 1 Slurry Seal – ARAM Overlay Project. On May 7, 1999 the Department of Community and Development Services solicited proposals for the construction administration and inspection of the Area 1 Slurry Seal Projects. Two (2) proposals were received on May 21, 1999 from Dewan, Lundin & Associates and GFB-Friedrich & Associates. Upon review of the proposals, staff proposes to award the construction administration and inspection of the Area 1 Slurry Seal Project and the Area 1 Slurry Seal – ARAM Overlay Project to GFB-Friedrich & Associates. RECOMMENDATION: That the City Council award the construction administration and inspection services to GFB-Friedrich & Associates, Inc. for the Area 1 Slurry Seal Project and the Area 1 Slurry Seal – Asphalt Rubber and Aggregate Membrane (ARAM) Overlay Project in an amount not to exceed $34,807.00. Furthermore, it is recommended that the Council authorize a contingency amount of $3000.00 for contract amendments to be approved by the City Manager, for a total authorization of $37,807.00. LIST OF ATTACHMENTS: X Staff Report Public Hearing Notification —Resolution(s) _ Other: x Agreement(s) 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 1 43 ykirl11.1 1 1 Terrence L. Belan r James DeStefat' Liu City Manager Deputy City Manager Deputy Director of Public Works CITY COUNCIL REPORT AGENDA NO. MEETING DATE: July 20, 1999 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Area 1 Slurry Seal — Construction Administration and Inspection Services. ISSUE STATEMENT To award the construction administration and inspection services for the Area 1 Slurry Seal Project and Area 1 Slurry Seal — Asphalt Rubber and Aggregate Membrane (ARAM) Overlay Project. RECOMMENDATION That the City Council award the construction administration and inspection services to GFB- Friedrich & Associates, Inc. for the Area 1 Slurry Seal Project and the Area 1 Slurry Seal — Asphalt Rubber and Aggregate Membrane (ARAM) Overlay Project in an amount not to exceed $34,807.00. Furthermore, it is recommended that the Council authorize a contingency amount of $3000.00 for contract amendments to be approved by the City Manager, for a total authorization of $37,807.00. FINANCIAL SUMMARY This project was previously funded within the FY 1998-1999 CIP Budget. It is requested that these monies be reallocated to FY 1999-2000 for these projects. Actual contract costs (for slurry seal, ARAM and construction administration/inspection) totals to approximately $700,000.00. Additional monies of $32,000 is requested to be allocated for contingencies for those contracts. • $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 (based on separating the slurry seal and ARAM projects) 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 On June 15, 1999, the City Council approved the specifications and authorized the City Clerk to advertise to accept bids for the Area 1 Slurry Seal Project and the Area 1 Slurry Seal — ARAM Overlay Project. On May 7, 1999 the Department of Community and Development Services solicited proposals for the construction administration and inspection of the Area 1 Slurry Seal Projects. Two (2) bids were received on May 21, 1999 from Dewan, Lundin & Associates and GFB-Friedrich & Associates. Upon review of the proposals, staff proposes to award the construction administration and inspection of the Area 1 Slurry Seal Project and the Area 1 Slurry Seal — ARAM Overlay Project to GFB-Friedrich & Associates. GFB-Friedrich & Associates was also the designer of both Slurry Seal Projects. GFB-Friedrich & Associates has a thorough understanding of the City's needs and requirements for construction administration and inspection and is also familiar with the design and inspection of similar slurry seal projects and the application of ARAM. Included in their scope of work (also see attached agreement)is: • The field marking of the repair and replacement areas; • Coordination and attendance of the pre -construction meeting with both contractors; • Coordination with utility companies and other agencies; • Construction observation; • Documentation of work and progress and the completion of weekly update reports; • Respond to citizen inquiries and concerns; • Provide plant inspections as necessary; • Review the contractor's construction schedule and progress; • Continuous contact with City for updates and progress; • Provide construction administration services; • Conduct end of project review and punch list; • Recommend final acceptance and release of project and payments. GFB-Friedrich & Associates proposes approximately 6 hours per day of construction inspection for the duration of the project. Their hourly rate is $57.00. Anticipated timeline for the project milestones is as follows: Bid Opening July 13, 1999 Award of Construction Contract July 20, 1999 Notice to Proceed/Start of Construction August 9, 1999 End of Construction October 15, 1999 Prepared By: David LiulRose Manela CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of July 20, 1999 by and between the City of Diamond Bar, a municipal corporation ("City") and GFB-Friedrich & 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 July 20, 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: GFB-Friedrich & Associates 6529 Riverside Ave, #230 Riverside, CA 92506 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 hidemnitee'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) hidemnitees' 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. 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. above. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written 11 City" ATTEST: CITY OF DIAMOND BAR By: By: City Clerk City Manager Approved as to form: "CONSULTANT" City Attorney By: JOHN A. FRIEDRICH Its: PRESIDENT Page 6 Exhibit "A" CONSULTING SERVICES The work consists of construction administration and observation of the 1998 Diamond Bar Slurry Seal Area One Project. The contruction work to be observed consists of local repair and replacement of pavement as determined from field reviews, repair and replacement of concrete sidewalks and curb and gutter as marked in the field, raising valve cans and manholes to final grade, cape sealing (ARAM plus slurry seal) of severely damaged pavement areas, and slurry sealing of all pavement within Area One (20.45 linear miles). The City anticipates a construction period of 50 working days. The estimate of probable construction costs is approximately $690,000. END A-1 Exhibit "B" SCOPE OF WORK The specific Scope of Work that Consultant proposes to provide to successfully complete this project is as follows: 1. Field mark repair and replacement areas for pavement (with and without base replacement), sidewalks, and curb and gutter. Said field marking will be done with red spray paint suitable for such purposes. 2. Coordinate and attend pre -construction meeting. Review with contractor miscellaneous construction methods, such as cape sealing, and construction schedule. 3. Coordinate with utility companies, other applicable agencies and Caltrans. 4. Provide construction observation services to verify that the contractor is in compliance with the construction contract. 5. Provide videography (visual documentation) of selected street conditions before construction starts. 6. Maintain and update 24-hour project information hotline, and monitor citizen inquiries. 7. Receive and respond to citizen inquiries and coordinate with contractor to address issues. 8. Provide plant inspection, as necessary, and review material certifications. 9. Prepare daily construction observation reports and progress photographs with weekly summary reports. Submit to the City on a weekly basis. 10. Answer contractor's questions regarding design issues and review/monitor contractor's progress schedule. 11. Review, and keep City informed of, contractor's progress and schedule. 12 • Provide construction administration services, including evaluation of progress payment and change order requests. 13. Conduct the "end -of -project" review and project walk. Prepare "punch list" of items to be completed or repaired. DIN 14. Recommend final acceptance and release of appropriate contractor payments when "punch list" items have been satisfactorily completed. 15. Maintain project construction records and prepare package to be given to City at the end of the project. This agreement is entered into under the assumption that the project review, prior to releasing retention funds, will be performed by City personnel. This service can be provided by Consultant as an additional service at the City's option. Level of Services/Time of Performance From the Request for Proposal and as specified in the Specifications and Bid Documents for the Slurry Seal Area One construction project, the following project schedule is anticipated, based on a project having a 50 working day construction contract period: Bid Opening June 1, 1999 Award of Contract June 15, 1999 Tentative Notice to Proceed July 6, 1999 Completion of Construction, approximately September 16, 1999 The above Scope of Work anticipates a construction project with 50 working days of construction inspection required. If the actual project construction inspection exceeds 50 working days (300 hours total based on 50 working days at 6 hours per day), Consultant shall invoice the additional time based on Consultant's "Schedule of Hourly Rates," dated August 1, 1998, and attached to this exhibit as Exhibit "B-1." Compensation Consultant shall invoice the City monthly on a time and materials "not -to -exceed" basis for work completed during the previous month. Labor fees are based on Consultant's "Schedule of Hourly Rates," dated August 1, 1998, and attached hereto as Exhibit "B-1." Reimbursable outside costs such as blueprinting, printing, binding, videography, photographic film and developing, paint and equipment for marking streets and sidewalks, mileage, courier service, agency fees, and other miscellaneous outside costs shall be invoiced additionally at Consultant's vendor cost. Following is Consultant's Compensation Schedule. Field Mark Repair and Replacement Locations: 40 hours @$76.00/hour 40 hours @$66.00/hour $ 5,680.00 (Compensation Schedule Continued - Next Page) (Compensation Schedule - Continued) Construction Observation: 45 days x 6 hours/day = 270 hours @ $57.00/hour 5 days x 6 hours/day = 30 hours @ $84.00/hour 17,910.00 Project Manager: 24 hours @ $90.00/hour 2,160.00 Pre job Meetings (2 each) 972.00 Progress Meetings 972.00 Progress Payments 1,000.00 Change Orders 1,080.00 Technical Assistance 840.00 Final Job Walk 840.00 Construction Records and Submittal Package 1,800.00 Reimbursable Outside Costs (Office and Field) Cellular Phone Use $ 400.00 Copies/Forms 53.00 Fax Transmittals 350.00 Expendable Supplies 150.00 Photo Services (film and processing) 130.00 Out-of-pocket Costs (office) 200.00 Spray Paint and Equipment for Field Marking R&R Areas 270.00 1.553.00 TOTAL NOT -TO -EXCEED FEE $ 34,807.00 Services outside of the Scope of Work given above will be invoiced additionally utilizing Exhibit "A. " An example would be construction observation services required beyond the first 300 hours included in this proposal. Such additional work . shall not commence without prior written authorization from the City of Diamond Bar. 130-11 August 1, 1998 Exhibit "B-1" GFB-FRIEDRICH & ASSOC., INC. 1 1 )GO q s 0 WO,__ 1. Principal $ 105.00 per hour 2. Registered Engineer $ 90.00 per hour 3. Project Manager $ 84.00 per hour 4. Designer/CAD $ 76.00 per hour 5. Drafter $ 66.00 per hour 5a. Special Districts Analyst $ 66.00 per hour 5b. Field Inspector $ 57.00 per hour 6. 2 -Man Survey Party $ 155.00 per hour 7. 3 -Man Survey Party $ 198.00 per hour 8. Survey Computer $ 76.00 per hour 9. Clerical $ 40.00 per hour Subconsultants Subconsultant Fee plus 10% Blueprints, Reproduction & Courier Service Vendor Costs Job Travel $ 0.36 per mile Delivery $ 30.00 per hour plus mileage NOTE: Normal overtime will be invoiced at 1.50 times standard hourly rate. Overtime on Sundays and holidays will be invoiced at 2.00 times standard hourly rate. This Schedule of Hourly Rates is in effect through July 31, 1999 and shall be subject to annual revision based on changes in the cost of living. IM RESOLUTION NO.99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, RECOMMENDING THAT PAROLE BE DENIED TO CONVICTED MURDERER, DANNY SAUL ROSALES WHEREAS, on January 14, 1979, Danny Saul Rosales, while under the influence, attacked four young women, Barbara Romero, Lilia Vasquez, Olivia De La Rosa, and Alice De La Rose with a hunting knife; and WHEREAS, one of the Women, Barbara Romero, died from her wounds; and WHEREAS, two of the other three young women suffered serious abdominal injuries, depriving them of ever bearing children; and WHEREAS, Danny Saul Rosales was subsequently convicted and sentenced to 15 years to life for the murder of Barbara Romero; and WHEREAS, prison diagnostic studies state that authorities diagnosed Danny Saul Rosales as having an unprincipled and antisocial personality with marked features of inadequacy and who accepted no responsibility for the attack and appeared to feel it was fully justified, expressing no remorse for his actions; and WHEREAS, according to a prisoner evaluation report prepared by counselors at the California Men's Colony, Danny Saul Rosales, would "probably pose an unpredictable degree of threat to the public ...; and WHEREAS, Deputy District Attorney Jim Jacobs who was in charge of prosecuting the case against Danny Saul Rosales has stated "The fact that he (Rosales) was under the influence and blaming this attack on that, shows that he will always be a danger to the community;" and WHEREAS, the date of the next parole hearing for Danny Saul Rosales is November 1, 1999; and WHEREAS, paroled felons can be relocated to ANY community WITHOUT notification to the community at large; and WHEREAS, families and friends of murder victims often suffer a lifetime of anguish and fear of being re -victimized; and WHEREAS, law abiding citizens deserve a safe living environment. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY FIND, ORDER AND RESOLVE AS FOLLOWS: Section 1. The parole board is hereby notified that it is the will of the undersigned that Danny Saul Rosales remain in prison at this time; and Section 2. Parole be DENIED to Danny Saul Rosales. PASSED, APPROVED AND ADOPTED this day of , 1999. Mayor I, LYNDA BURGESS, City Clerk of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the day of 1999, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED:COUNCIL MEMBERS: Lynda Burgess, City Clerk FROM : PHONE NO. Jul. 15 1999 11:05AM PI Lj. Val FP0N : PHONE t 10- . :U1. 15 1999 11: 06PM P2 June 8, 1999 15900 E Xan Street fs Puente, U 91'ii-i719 Telephone (626) 855-1500 Fax (626) 961-4626 James W. Nielsen, Chairman Board of Prison Terms 428 "T' Street, Suite 600 Sacramento, CA 95814 Dear Chairman Nielsen_ SUBJECT: RESOLUTION RECOMMENDING THAT PAROLE BE DENIED TO CONVICTED MURDERER, DANNY SAUL ROSALES Enclosed is a Resolution of the City Council of the City of La Puente recommending that parole be denied to convicted murderer, Danny Saul Rosales. The Resolution was adopted at the City Council meeting of May 25, 1999. On January 14, 1979, Danny Saul Rosales, while under the influence, attacked four young women. One victim, Barbara Romero sustained fatal injuries and two women were injured to the extent of depriving them of ever bearing children. It is the desire of the La Puente City Council to create and promote a safe community; it is their belief that denying parole to Danny Said Rosales is conducive to this goal. Thank you for taking this Resolution into consideration as you review the request for parole of convicted murderer, Danny Saul Rosales. Sincerely, J Deborah A. ancett Adm;ni�strative Services Director/City Clerk Encl. -HONE 14C. : Jul. 15 1999 11 : 06AM P RESOLUTION NO. 99-4006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PUENTE, CALIFORNIA, RECOMMENDING THAT PAROLE BE DENIED CONVICTED MURDERER, DANNY SAUL ROSALE CD u� WHEREAS, on January 14, 1979, Danny Saul Rosales, while under the influence, r�y;�-,� attacked four young women, Barbara Romero, Lilia Vasquez, Olivia De La Rosa, and Alice De La Rose with a hunting knife; and WHEREAS, one of the Women, Barbara Romero, died of her wounds; and WHEREAS, two of the other three young women suffered serious abdominal injuries, depriving them of ever bearing children; and WHEREAS, Danny Saul Rosales was subsequently convicted and sentenced to 15 years to life for the murder of Barbara Romero; and WHEREAS, prison diagnostic studies state that authorities diagnosed Danny Saul Rosales as an unprincipled and antisocial personality with marked features of inadequacy who accepted no responsibility for the attack and appeared to feel it was fully justified, expressing no remorse for his actions; and WHEREAS, according to a prisoner evaluation report prepared by counselors at the California Men's Colony, Danny Saul Rosales would "probably pose an unpredictable degree of threat to the public....;" and WHEREAS, Deputy District Attorney Jim Jacobs who was in charge of prosecuting the case against Danny Saul Rosales has stated "The fact that he (Rosales) was under the influence and blaming this attack on that, shows that he will always be a danger to the community;" and WHEREAS, the date of the next parole hearing for Danny Saul Rosales is November 1, 1999; and WHEREAS, paroled felons can be relocated to ANY community WITHOUT notification to the community at large; and WHEREAS, families and friends of murder victims often suffer a lifetime of anguish and fear of being re -victimized; and WHEREAS, law abiding citizens deserve a safe living environment. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA PUENTE DOES HEREBY FIND, ORDER AND RESOLVE AS FOLLOWS: PHONF t in. : Jul. 15 1999 11: 07AM P4 Resolution No 99-4006 Page 2 Section 1. The parole board is hereby notified that it is the will of the undersigned that Danny Saul Rosales remain in prison at this time; and Section 2. Parole be DENIED to Danny Saul Rosales. PASSED, APPROVED AND ADOPTED this 25th day of May, 1999. AYES: COUNCILMEMBERS: Perez, Holguin Fallon, Storing, Rodarte NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Chavez Mayor .:�.owawm�nw„k, wand- c $tsiz C*Zp-'fW- CCA8I70 4on r ;-�'HONE t,cl. Jul. 15 1999 11: 07AN P5 Mother, battles to keep killer in..prison YOLANDA GAYTAN RUIZ is aided b re K� DURFURM trio Attorney Y tired DePuty Dis. Y James Jacobs in preparations for anoth- er parole board hearing for her daughter's killer. MONDAY, MAY 18,19% - PRISON Ruiz has convinced parole board 5 times Continued from Al began mounting her sixth rant. paigu, collecting signatures and writing letters in her newest bid to block Rosales' release from Folsom State Bison in Represa- Sentenced to 15 years to life in prison, he goes before a Parole board in November 1999- Rosales' last bidle was denied in 1995.oHeawas ordered to serve at least four more years, after Ruiz subtnit- ted more than 3,0oo signatures and lobbied officials to block his bid for freedom. It had taken her eight months to collect the letters and signatures. With Rosales' parole hearing approaching, and given the amount Of work involved, Rulz sand she needs to start her campaign now. Her goal is to ma collect as run signatures and Ietters as possible. In 1980, Rosales pleaded gUiltY to second-degree mer in the Jan. 14, 1979, attack in Valinda that killed Romero and seriously injured three other Young women. three friends confronted Rosales as he When Yolanda Gaytan Ruiz's daughter was murdered 19 years wwhho stabbed hemade a rchiilldtthe man to death would never go tree. That vow has become a mis. sion- Five times in the past 19 years Ruiz has traveled to Californli oon- ferencpe rooms and fsat In aced Danny Saul Rosales, 38. her daughter's killer. Each time, Ruiz has clutched her daughter's high school class icture in front Of Rosales and delivered her case to parole board officials on why the convicted murderer should not be set fire. ws it will never brin back ehler daughter, Barbara Romero, who was 25 when she was deter- mined to Prevent ent mRosales from ever hurting another person. "I have adamantly. "if it cin help s11 she ave one girl, I will do it over and over and over again" formoert Weesst Covinasresident Please tum to. PRISON/ A7 LOCAL. SAN GARRfFf Ver t LIV'i%h � s Yolanda Gay%n Ruiz has tented a Post office box to 9811er signatures on post cards urging parole officials ' not grant Danny Saul Rosales an early parole date. Those wishing to help her cause may write to Ro. Boit 5203, West Covina, Calif., 91791. broke into cars outside hex home in Valinda. Rosales drew a 12 -inch hunting knife from a belt sheath and stabbed all four women in the chest and stom. ach. Romero died from a single stab wound to the heart. 'He is alive, and I go and take flowers to my daughter's 9mve " her mother says today - Rosales, who has served 17 years behind bars, declined to respond to an interview request sent by fkx from this newspaper to Folsom State Prison officials He was transferred earlier this year to Folsom. a medium security facility. where Rosales lives among 3,800 other prison. ers and works 10 hours a day, four days a week in a factory making license plates, said California Correctional Lt. Michele Taylor at Folsom Prison. He's not been a problem," Staff photo by KErtM DURFUN68 DANNY ROSALES (fore. ground photo) was convict- ed of fatally stabbing Barbara Gaytan Romero (background photo). Taylor said. "He follows all the rules. He goes to breakfast, goes to work and then he SOes back to his OeIlAie is a survivor in this environment and is disci. pline free." Model prisoners serve beweenhalf and two thirds of their sentences, said James David Jacobs, a retired Los Angeles deputy district attor. ney, who helped prosecute Rosales. But Jacobs, who plans. to attend the hearing with Ruiz, said family members can send powerful messages to parole officials debatingthe fate of con- victs UP for release. A squeaky wheel gets greased," he said. "IYs like tak. ing a pit bull who tore a baby alb, and then you put him in the pound for a while: then you let the dog loose to tear apart another baby. "As long as the guy -is capa. ble of inflicting injury to some- one, he should stay in prison," Jacobs said. "Rosales should stay in prison until he is so old and infirm that he can't hurt anyone." �-HOHE -ars. : ;an Gabriel valley 7ri4une The ueSday, April 4, 1989 Valle Frael B1 haatlp8. Nowa sbe plaild to r& 00 ft" Via alter Mt bearim W boapw powead rata imp Mr w m heleg be appw pnwoa bah n $wl ao.,. ! Me ryNn ftk Yolanda Ruiz Ioo1Ls over sono 3,!700 Signatures She received pilitioning parole boanf. aW ter'e , A grieving mother's ordealbow Sibs ONE60 bcA WW 41 he tea t — any mere --- rax," R,dz sefd Last week. � ! � ban bet V�CeEE But abo wad inti as aootk week whoa 10 years later, her daughter's kilter is eligible for parole wx J -OK lem V the eaPe � 0oaale>r Gild be "Pa0 that bog rnurdcrer, Daiery Seal Rowksdavotees X=W M& Sebod, had been a Seod stsdmt w ve u aY FIIAe10E3 YOUNG stiff wAter GABRIEL— Beam of Prison teras on ltay artiug for a parole 11"M9.o(tlar on a - carver as a p0tica ad ZW at the time of her death, el+ent boa SAN Yab oda Rutz lite bearing k to vomiter en Ruiz said. mot W to bas spam the last 10 year, b7Min9 to resolve the aetuder sf her Vaunda d= early rens for the 1771 Nogales lth $Chad ate and reported Nearly two years after the Jan ; V- Tubs 1� 1979, attack, iiaaaies Pleaded lbs Lm a orae, F.sea time the swyearrotA war fon r W member who was, in . gtitlty to second degree mardar for eO aW IMI ed to is years to 71 Gana women WAS she has eetee to Lt'tppt� +ftl► llie las of tier )Barbin ISalvo- dborn or, States w" bb bmay wben be + be�tseadad :1 smatrs, who has served Nee ald 60 holl datWtee. Rennie, she reaNrss IN rears asotbrr evened: was t Rasada was a V.S. Marine Lac Yeats of ms seetenee. is housed W dnttpbw- the 4llferNa Kta's Colony in "Lt "are W P00de llty of Bomvo's diner bd Pe'ated lean Pr W=- Itnh trobratariy adored Lea LOS dlld-wge at the time he stabbed Romero and attacked bee San LWt Obispo. boorka $sad t I don't want hlm k get OWL I l� WM * E,etdnas Roapitat to Yaaodaa lost three prlrricnda with a kadc when the wewree teas—.A htet want hlm to sWy wbe:e he is so I bad rot D She bw Jul. 15 1999 11:O8AM Pb who a n ptsse to ahead tht b bu t WM eriv We* salt ball esed aRaebo _ �remei else for bis sc In ear Caeeasad of Resales bt %m bis =Rett aaetleo� lYv� flltb �, �pplespamiaulttof � L tba ad to tad it aaY f0i14 jambe Concede that as L1W dab ara 11sew" bas meboost lk • eda od nna tt.a�er to eeelety if ttt�' "W ago Bat I AoOb tYdk�tA�v me _ bls rb wbetbe be b a e0id "I to � dteitemaic — ttun is T"M bete, Wed Bprte— I don't at1. Ila= tri problems tot 11 7l'tRiZ dKd a for the pafak oaaCb- " mantb bi sn eHaet to, deal with beesldag into Aamero's car oto, he tea t — any mere --- rax," R,dz sefd Last week. � ! � ban bet V�CeEE But abo wad inti as aootk week whoa lido tier Valises bene Romero, s 1971 ¢adnate of El She eras rehaduted to be dte. charged horn the psychLWie fa- J -OK lem V the eaPe � 0oaale>r Gild be "Pa0 that bog rnurdcrer, Daiery Seal Rowksdavotees X=W M& Sebod, had been a Seod stsdmt w ve u Gaily before she learned about the as earl! tdeasa go _ 70, wilt Can! bdort the state �• Wg D>a' Please aN PAROLE 0 n2 g� ba siroCidn't be par" al ou Dot a Mine. etPd Jacobs, Fer pW, Valle p �erda boomd�oi aaCiel: mu bas to luded, bwaa Sea Ga brW VA&W rtiddnew *Aft tt• lag year, _ Pp is =wed a brief mason lbs beard WSW its ambers n, to It ut. )heats sst MIT pWe be dada 7Ue mattl6„ as to Yots' we bdit'eeseti da PO )tort 1006. West GN 3M 1%M FROM : PHONE NO_ Jul. 15 1999 11:10AM P? San Gabriel Valley Tribune Wednesday, May 10,! 1989 The Vallev W. Covina .woman helps keep killer -of daughter in prison By:RAMS YOUNG stall welter Tbouaaadt of letters from Val - the state Board or Pefstn Teras played a'targe pari In the board'a decision to deny a parole date to the convicted killer of her daughter, a West Covina woman believes. Yolanda Rutz said Tuesday that she accomplished her mission when she traveled to Sae Luta Obispo last week to ash the three- member parole board not to grant Dsrmy Sant Rosales a parole bate. '"rhe a petitions were a great h t2ie Sf ycar-old woman sold. "There were more than 3,WD = a parole data and the conunission- erl were very impressed." The board, wbkh heard Ro- sales' request Tbursday to have a palde date assigned, also detned Win a baring nett year, instead ac'Aedolipg the inmate's mu paup- old ty DW t Attorn two ney Jim Jatobo, who also adeaded the hearing. Normally, a. convicted murder. ar Is supposed to have a hearing every yM. Jacobs said. act himed on Rosales' attitude and st3(as reports, the board [cured k �raa not Ilkely tw would be given A parole data even if a lseartag were held next year, the J2 r it 4 said sated to the bo�urd grals*ates bas continued to deny any resfoo- m'> Ay IN an vicious !8'19 stab - IR h3tia's Mjea-M daauits* of ghterr. � the wvuoding of. three of Rom- ero'a frlemds that oecnr:ed when the woanrn confronted Itmalos breaking into Romero's ear out. side her Vabrida home. Penker, a 1711 •No es Hlgh School graduate .and repatod termerg�g member: he pulled a knife en repeatedly baa elafined the vkfids' to scare them and pr2w Wmaelf, Jacobs said. The blanate also continues to deny be was affiliated with a gang, and atilt msintains be was so kdostated at the time of the attadt that he did not realise he slashed the women at least 12 abs sald be was "definitely pleased" that Rosales will not be elfgtble for anew hearing for two more but IZpetr blasted the system that in general rcgWres Yolanda Ruiz convicted murderers to come be- fore tea bearinS board atattoally: Mast of those murderers are the dregs Of lushly and not worth that much coodderatton," Jacobs said. . "It's a waste of money to give thein; a hevery year — every five years. should be enougW The p6secutor said he believes Ruis's participation in the hearing greatly contributed to the board's w+wilmeness to give Rosales an early pat ole date The prosotutor said ft eras the first time in his years of apyeatinR before •the W-Ismea fn an adult hearing that •a vkft's ned-ofadn had appeared with him. "y*latxt: had a definite lmpatt on the board, there's no question in tnpartnd," Jacobs $aid "Mmly nobody (on the vio- tun's aide) over writes letters. Victims' nexWf-kin who feet strongly about their relations' death ought to demand an appew� ante before the board. Thoy nava a right to do that." Jacobs said he has put a tot of effort into keqdng Rosales from cels�' g an .earl rehease ba cause oC bis bebe�that marry of theae connected, with the state PAM syr appear to bend over backwards for t a prisoners apd do nothing for the vkUmL "M rdeters especially are in a special titegory and we don't nand to give theta the kind of twetitktatiotr they frequently re- sew=," Jawbe said, "M7 heartgoes out to the victim and thea families. Some. body-* got to carr." FROM : Moih e�'r 9 hts Pmaro e adeleeps this' Wer behind bars JV ♦.. M. yee��'s Ii'yisame thing. - tt�_ A . ciWV :to �Terms that sbould be behind bora far ffor mtatierh& her mer. r6' Rna bas been ntonn a aerie fdr r IW► yam "ft Since ilosales had s first hearing in which he tried �o get paroled for the ]s7 knee yi s of Barbara ;ttomero in Rawles, %phabdJfuilly .seooaddegne murder in 1981 _ was seo�ood to 15years to lffe =baV awmA two. bf dwir senbe= because they get time o8• Ar Pod behavior. be was gben is to life I t; bglad beenuse I didn't have to with him anymore, but litt)e did I kuow it wtgidbe Svaiy �... Ruiz said of the parde hearings• "He makes sly 1Re miserable " . The hearft will be Nov. I at California State Prison Los Aoge. County in Ianquia.-Ruiz. fior 2erly of west Covina, will be coompanied :by Deputy District Rttoeney Jim Jambs.'lbe Board of Prisoat Terms wi11 li>reh► bear from doth Romero and Jacobs before A Rosales says aging. Then the 1 recesses for about 90 mim>tes back v t a dec#im iieft Said. "We a lot qukter limn the OJ. O'W' Jscabs said Par Rata's campaign to Roed]es behind ban includes Cbdieb?ors and f amilyy membersw be osdidbe a threat eo 4r PHONE NO. LA-- - .ti LW_?BRI 11, 11i9S EL de keeps behind bars wtad 14M Al Rosales will be impris for several years to a 'If Yolanda continues the way she is going, she just might keep him in these;' be said "If I've learned anything in my 22 years as t proSeca- tor, it's that public opinion znetian everything." Rutes campaign to ensure a longer sentence for her aughter's murderer comes Must as new legislation to ex- tend the Sentences of sexual Men was s In Covi- by Gov. Pete ilieon Tues - Aly after public prowft ask- ing that the law be changed. ' In past hearings, .Rosales waass shown lluk remorse for i9e stabbing of Romero, 22. rho c�oaftnted him after he oke -into -her car, Jacobs ''Rosales, .:who was a U.S. idarine at the `time, also stabbed three of -Romero's Yiends in a drug-induced renzy, Jacobs said. Two of be women had to have hys- tmectomies, and all still deal with the alihtmarcs and bars that. reealbedtfrom the "Let's forset the fact that and At .was este : ?agttd ERE ■ Y Yolanda Ruiz is collect- ing sigreaues to present to tate Board of Prison Terms in fever of keeping Danny Rosales behind bars. Rulis address is P,O. Box 5203, West Co- 4*W CA 91791. blaming this attack on that Shows that he will always be a danger to the community. As long as he's virile and young, what's to stop him from lighting up a PCP ciga- rette and and killing some. one? "When be's 50 or 80, let's talk about parole," Jacobs said. The prosecutor will contin• ue to attend parole hearings for the next 21 months, until he retires. After .that, Ruiz and her family will go it alone. "It's a wear and tear on you," Ruiz said. "It's physi- cally and emotionally hard to deal with this." Every time Ruiz thinks about her daughter, tears well up in her eyes and her voice cracks. Every day, Ruiz wonders what life would have been like if if Romero had lived to marry and have chil- drert. , "My youngest son has three little girls," -she said. "She doesn't %now , N_q of ftm. she awn vreddins," -7 .. # ' W ow i FIV osi°°•. � b w t7)A otd WdZ-T : i i 6662 sz ' I of 40 YN 1<92 --b ! C'Owsa S I N�i a B.". 81; Ip 1J.H9 �III ;I -Fa :2 �. •� tl� Ali 16. IR��i call; ® lgy p a��s �, w � �Qv «• 4�lt�ag i�g b�a� 13 8 Lld WdS:I:LT 6661 ST •Inf . "CN dNCIH, ��- Z'HONF r10• Jul. 15 1999 11:14AM P12 �'<:.:�� rt..C...�. C 't. 4•�..�.ti .r"t:✓_ I�l:�Ih) f.J��.�ltq}®tit. IV CA �d l� CSN �-�' 0 C,4 N a�aaa««��♦ il! j• AI 2Td WOST:TT 666T ST 'Tnf . 'ON 3NOHd n� W � v 2Td WOST:TT 666T ST 'Tnf . 'ON 3NOHd PHONE r4O. : Jul. 15 1999 11:15AM P14 RESOLUTION NO. 1803 A RESOLUTION OF THE CITY COUNCU OF THE CITY OF II,�DUSTRy, CALIFORNIA, RECOMMENDING THAT PAROLE BE DENIED TO CONVICTED MURDERER, DANNY SAUL ROSALES WHEREAS, on January 14, 1979, Danny Saul Rosales, while under the influence, attacked four you". women, Barbata Romero, Lilia Vasquez, Olivia De LaRosa, and Alice De La Rose with a hunting knife; and WHEREAS, one of the women, Barbara Romero, died of her wounds; and WHEREAS, two of the other three young women suffered serious abdominal injuries, depriving them of ever bearing children; and WHEREAS, Danny Saul Rosales was subsequently convicted and sentenced to 15 years to life for the murder of Barbara Romero; and WItiiMREAS, prison diagnostic studies state that authorities diagnosed Danny Saul Rosales as an unprincipled and antisocial personality with marked features of inadequacy who accepted no responsibility for the attack and appeared to feel it was fully justified, expressing no remorse for his actions; and WHEREAS, according to a prisoner evaluation report prepared by counselors at the California Men's Colony, Danny Saul Rosales would "probably pose an unpredictable degree of threat to the public ... ;" and W i EREAS, Deputy District Attorney Jim Jacobs, who was in charge of prosecuting the case against Danny Saul Rosales, has stated "The fact that he (Rosales) was under the influence and blaming this attack on that, shows that he will always be a danger to the community;" and WHEREAS, the date of the next parole hearing for Danny Saul Rosales is November 1, 1999; and WHEREAS, paroled felons can be relocated to ANY community WITHOUT notification to the community at large; and WHEREAS, families and friends of murder victims often suffer a lifed me of anguish and fear of being re -victimized; and WHEREAS, law abiding citizens deserve a safe living environment. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: -ROM PHONE NO. Jul. 15 1999 11:16AM P15 SECTION 1. The parole board is hereby notified that it is the will of the undersigned that Danny Saul Rosales remain in prison at this time. SECTION 2. The parole board is hereby notified that it is the will of the undersigned that parole be DENIED to Danny Saul Rosales. SECTION 3. The City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED and ADOPTED this 81° day of July 1999, ATTEST: 2 �blt�elyv� CIT L.ERK, City of Industry MA OR, City of Industry FROM PHONE NO. Jul. 15 1999 11: 1bH- =:.b STATE OF CALIFORNIA ) CITY CLERK'S CERTIFICATE COUN'T'Y OF LOS ANGELES } ss. RE: ADOPTION OF CITY RESOLUTION CITY OF INDUSTRY ) I, Jodi L. Scrivens, City Clerk of the City of Industry, California, do HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Industry at a regular meeting of said City Council held on the 8th day of July, 1999, and that the same was passed and adopted by the following vote, to wit: AYES: COUNCIL MEMBERS: John P. Ferrero, Jack Phillips, Dean Winn, Mayor Dave Winn NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Torn Durant ABSTAIN: COUNCIL MEMBERS: None �Q��iJ' L. l�i�%l'1.�L Scrivens, City CIerk 1S 1999 11:17AM P17 RESOLUTION NO. 99-5969 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA, RECOMMENDING THAT PAROLE BE DENIED TO CONVICTED MURDERER, DANNY SAUL ROSALES. WHEREAS, on January 14, 1979, Danny Saul Rosales, while under the influence, attacked four young women, Barbara Romero, Lilia 'Vasquez, Olivia De La Rosa, and Alice De La Rosa with a hunting knife; and WHEREAS, one of the women, Barbara Romero, died of her wounds; and WHEREAS, two of the other three young women suffered serious abdominal injuries, depriving them of ever bearing children; and WHEREAS, Danny Saul Rosales was subsequently convicted and sentenced to 15 years to life for the murder of Barbara Romero; and WHEREAS, prison diagnostic studies state that authorities diagnosed Danny Saul Rosales as an unprincipled and antisocial personality with marked features of inadequacy who accepted no responsibility for the attack and appeared to feel it was fully justified, expressing no remorse for his actions; and WHEREAS, according to a prisoner evaluation report prepared by counselors at the Califomia Men's Colony, Danny Saul Rosales would "probably pose an unpredictable degree of threat to the public...."; and WHEREAS, Deputy District Attorney Jim Jacobs, who was in charge of prosecuting the case against Danny Saul Rosales, has stated "The fact that he (Rosales) was under the influence and blaming this attack on that, shows that he will always be a danger to the community; and WHEREAS, the date of the next parole heating for Danny Saul Rosales is November 1, 1999; and WHEREAS, paroled felons can be relocated to any community without notification of the community at large; and WHEREAS, families and friends of murder victims often suffer a lifetime of anguish and fear of being re -victimized; and WHEREAS, law abiding citizens deserve a safe Iiving environment. NOW, THEREFORE, the City Council of the City of Covina does hereby resolve as follows: Section 1. The Parole Board is hereby notified that it is the will of the undersigned that Danny Saul Rosales remain in prison at this time; and Section 2. Parole be DENIED to Danny Saul Rosales. Section 3. The City Clerk shall certify to the passage and adoption of this Resolution and the same shall take effect and be in force. APPROVED AND PASSED this 06th day of July, 1999- , Mayor FROM �HUNE 'JO. ATTEST: i APPROVED AS TO FORM: City Attorney I, MARY JO SOUTHALL, City Clerk, Covina, California, hereby CERTIFY that this Resolution was adopted by the Covina City Council at a regular meeting of the City Council held July 6, 1999, and was approved and passed by the following vote: AYES: COUNCIL MEMBERS: Allen, Palmeri, Stapleton, MPT/Truax, M/Christiansen NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None City Clerk FROPI : PHONE NO. : Jul. 15 1999 11:1eAM P19 P.O. Box 682, Walnut. CA 91 188.0682 21201 LA PUENTE RDAs WALNUT. CALIFORNIA 91789-201 8 Telephone (QM) 595-7543 FAX (909) 595-6095 July 8, 1999 CITY OF' VCT.A,LNUT CITY COUNCIL AGENDA: July 14, 1999 TO: City Council J U l 1 1999 Mayor JUNE WENTwQRTH Mayor Pro Tempore MRT ASHLEY COUnCilmember CAN MAROSTICA COUnCllmembee LARRY WALDIE Councilmember VIA: Jeffrey C. Parker, City Manager e Tony Ramos, Assistant City Manager FROM: Bob Russi, Senior Management Assistan SUBJECT_ RESOLUTION NO 4339 - Regarding -denial of parole for convicted murderer Danny Saul Rosales BACKGROUND At the June 23 City Council Meeting, Yolanda Ruiz requested that the Walnut City Council adopt a resolution requesting that the Board of Prison Terms deny the parole for convicted murderer Danny Saul Rosales. STAFF REPORT At the request from Council, staff has obtained the specific verbiage needed for the Resolution and is provided in the attached. It is our understanding that the Parole Board hearing is scheduled for November 1, 1999. If adopted staff will forward Resolution 4339 to the Chairman of the Prison Terms board in Sacramento_ RECOMMENDATION It is recommended that the City Council adopt Resolution No_ 4339 requesting the Board of Prison Terms decay Danny Saul Rosales' (CDC 22367) request for parole. J:1Admim\$RMisc-N7IPUBSFTIrosrpt.doc J U 1. 1 4 tggq �HIDNE �!0_ : Jul. 15 1999 11:19AM P20 RESOLUTION NO. 4339 A RESOLUTION OF THE CITY COUNCIL OF TIME CITY OF WALNUT, CALIFORNIA, RF,COMMENDING THAT PAROLE FOR CONVICTED MURDERER DANNY SAUL ROSALES BE DENIED Whereas, on January 14, 1979, Danny Saul Rosales, while under the influence, attacked four young women, Barbara Romero, Lilia Vasquez, Olivia De La Rosa, and Alice De La Rosa with a hunting knife; and Whereas, one of the women, Barbara Romero, died of her wounds; and Whereas, two of the three young women suffered serious abdominal injuries, depriving them of ever bearing children; and Whereas, Danny Saul Rosales was subsequently convicted and sentenced to 15 years to life for the murder of Barbara Romero; and Whereas, prison diagnostic studies state that authorities diagnosed Danny Saul Rosales as an unprincipled and antisocial personality with marked features of inadequacy who accepted no responsibility for the attack and appeared to feel it was fully.justified expressing no remorse for his actions; and Whereas, according to a prisoner evaluation report prepared by the counselors at the California Men's Colony, Danny Saul Rosales would "probably pose an unpredictable degree of threat to the public_ and Whereas, Deputy District Attorney Jim Jacobs who was in charge of prosecuting the case against Danny Saul Rosales has stated "The fact that he (Rosales) was under the influence and blaming the attack on that, shows that he will always be a danger to the community;" and Whereas, the date of the next parole hearing for Danny Rosales is November 1, 1999; and Whereas, paroled felons can be relocated to ANY community WITHOUT notification to the community at large; and Whereas, families and friends of murder victims often suffer a lifetime of anguish and fear of being re -victimized; and Whereas, law abiding citizens deserve a safe living environment. PHnNE ren- : Jul. 15 1999 11:19AM P21 RESOLUTION NO. 99-48 A RESOLUTION nC0MMEND1Nr3 THAT PAROLE BE DENIER TO CONVICTED MURDERER, DANNY SAL', ROSALES CITY COUNCIL CITE' OF GLENDORA the WHEREAS, on January 14, 1979, Danny Saul Rosales CDC223b7, vrbile under irdluence, attacked four young women, Barbara Romero, Lilia Vasqucz, Olivia u er Rosa, and Alice De La Rosa, with a hunting kWe; andLa W1IEREAS, one of the women, Barbara Romero, died of bar wounds; and WHEREAS, two of the other three young women suffered serious abdominal injuries, depriving them of ever bearing children; and WHEREAS, Danny Saul Rosales was subsequently convicted and sentenced to 15 years to life for the murder of Barbara Romero; and WHEREAS, pri" diagnostic studies state that authorities diagnosed Danny Saul who acre ted nounp cipled and antisocial persoaaafity with marked features of ina&qua P sixMsibility for the attack and appeared to Feel it was fully justified, expressing no remorse for his actions; and MMREAS, according to a pnisoaner evaluation report prepared by counwlors at the Calif unpredictable Men's Colony, Da=y Saul Rosales would "probably pose an degree of threat to the public... "; and WIIEREAS, Deputy District Attorney Jim racobs, who was in charge of Prosecuting the case against Danny Saul Rasal es, has stated "The fact that he was under the influence and blaming this attack on that, (Rosales) danger to the ootttmuni „ t, shows that he will always be a ty ;anti AREAS, the date of the next parole hearing for Danny Saul Rosales is November. 1, 1999; and WHEREAS, paroled felons can be relocated to any con,.munity without notification to the community at large; and WHEREAS, faraifies and friends of murder vidians often suffer a lifetime of anguish and fear of being re -victimized; and WHEREAS, law-abiding citizens deserve a safe living enviromz1ent. C;IMy DooumerltslRosalesRcso.doc 99-48 PHD F NO_ . Jul. 1� 1999 11:20AM P22 NOW, THEREFORE, THE CITY COUNCIL. OF THE CITY OF GLENDORA DOES HEREBY FIND, ORDER AND RESOLVE AS FOLLOWS - Section 1. The parole board is hereby notified that it is the will of the undersigned that Danny Saul Rosales remain m prison at this time. Section 2. The parole board is hereby notified that it is the will of the undersigned that parole be DENMD to Danny Saul Rosales, CDC22367. Section, 3. The City Clerk shall certify to the passage and adoption of this Resolution and the same shall take effect and be m force. PASSED, APPROVED AND ADOPTED this 13th clay of July 1999. AYES: COUncilmembers: Jacobs, ..Mouw, Fishman, Harrold NOES: Councilmembers: None ABSENT: Councilmembers: Glenn CITY OF GLENDORA By: ayor Pro Tem ATTEST: 51� Clerk C:1My DocuroentsiRosa[esReso.cloc FROM : PHONE NO. . Jul. 15 1999 11:21AM P23 State of California ) County of Los Angeles ) City of Glendora ) I, J0 Ana Sharp, City Cie,k of the City of Glendora, California, do hereby certify that the foregoing is a full, true and correct COPY of the the original RESOLUTION NO. g _, as same appears on file ill my office; that saute was adopted by the City Counci'k of the City of Glendora on the 13th day of July, 1999 ; and that it is now in full force and effect. DATE: July 14, 1999 �-�W 0 �v 0 0 �e �" � JO --Ann Sharp City Clerk City of Glendora RESOJCERTCC CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO.: TO: Honorable Mayor and Members of the City Council MEETING DATE: July 20, 1999 REPORT DATE: July 16, 1999 FROM: Terrence L Belanger City Manager TITLE: 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. SUMMARY: On June 1, 1999, the City Council approved the specifications and authorized the City Clerk to advertise to receive bids 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. Notice to bidders was advertised on June 7, 1999. In response to the advertisements, a total of eleven (11) contractors obtained the project specifications. Six (6) bids were submitted and opened on July 13, 1999. To allow and encourage more competitive bids, staff recommends that the bids be rejected and the project re - advertised. RECOMMENDATION: That the City Council a.) reject all bids, and b.) adopt Resolution No. 99 -XX approving the 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. LIST OF ATTACHMENTS: X Staff Report X Resolution(s) _Agreement(s) SUBMITTAL CHECKLIST: _ Public Hearing Notification x Other: Specifications on file at the City Clerk's office. 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? N/A 4. Has the report been reviewed by a Commission? N/A Which Commission? 5. Are other departments affected by the report? REVIEWED BY: Terrence L. Bela er City Manager - James DeStefano Deputy City Manager x Yes _ No Majority _ Yes _ No Yes _ No Yes x No 4Davi. Liu Deputy Director of Public Works CITY COUNCIL REPORT AGENDA NO. MEETING DATE: July 20, 1999 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: 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. ISSUE STATEMENT To reject all bids received 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 and re -advertise to receive bids. RECOMMENDATION That the City Council a.) reject all bids, and b.) adopt Resolution No. 99 -XX approving the 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, FINANCIAL SUMMARY $130,000 of Gas Tax Fund has been budgeted for the traffic signal project at the intersection of Brea Canyon Road and Glenbrook Drive. $72,500 of Gas Tax Fund and $57,500 of Developers' Fund (total $130,000) have been budgeted for the traffic signal project at the intersection of Brea Canyon Road and Diamond Crest Lane. $55,000.00 of Gas Tax Fund has been budgeted for the traffic signal modification project at the intersection of Brea Canyon Road and Golden Springs Drive. BACKGROUND/DISCUSSION On June 1, 1999, the City Council approved the specifications and authorized the City Clerk to advertise to receive bids 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. Notice to bidders was advertised on June 7, 1999. In response to the advertisements, a total of eleven (11) contractors obtained the project specifications. Six (6) bids were submitted and opened on July 13, 1999. The bids received were as follows: COMPANY BID 1. LA SIGNAL $207,805.00 2. TRANSTECH $229,565.00 3. HIHGLIGHT ELECTRIC $289,900.00 4. MAVERICK ELECTRIC $295,330.00 5. C.T. & F. $298,830.00 6. STEINY & CO. $327,224.00 The Engineer's Estimate for the 3 intersections is $303,500.00. Staff believes that to allow and encourage more competitive bids between the contractors, all bids be rejected and the project re - advertised. Traffic signal poles were previously ordered to also expedite construction activity. Key aspects of requirements placed upon the contractor includes: ➢ Schedule to be submitted at least 10 calendar days before start of work; ➢ Completion of all work within 90 calendar days; and ➢ Liquidated damages of $500/day for non-performance. Revised tentative schedule is as follows: Bid Opening for Construction Contract August 17, 1999 Award of Construction Contract September 7, 1999 Notice to Proceed for Construction September 20, 1999 End of Construction December 17, 1999 Prepared by: David G. Liu/Rose E Manela RESOLUTION NO. 99 - 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 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 plans and specifications for the Traffic Signal Improvement Project at the Intersections of Brea Canyon Road/Diamond Crest Lane, Brea Canyon Road/Glenbrook Drive, Brea Canyon Road/Golden Springs Drive. NOW, THEREFORE, BE IT RESOLVED that the plans and specifications presented to the City of Diamond Bar be and are hereby approved as the plans and specifications for the Traffic Signal Improvement Project at the Intersections of Brea Canyon Road/Diamond Crest Lane, Brea Canyon Road/Glenbrook Drive, Brea Canyon Road/Golden Springs Drive. 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 10:30 o'clock a.m. on the 17th day of August, 1999, sealed bids or proposals for the Traffic Signal Improvement Project at the Intersections of Brea Canyon Road/Diamond Crest Lane, Brea Canyon Road/Glenbrook Drive, Brea Canyon Road/Golden Springs Drive. 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, "Traffic Signal Improvement Project at the Intersections of Brea Canyon Road/Diamond Crest Lane, Brea Canyon Road/Glenbrook Drive, Brea Canyon Road/Golden Springs Drive." 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 1130 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 and a non -reimbursable payment of $30.00 to the City of Diamond. Upon written request by the bidder, copies of the specifications will be mailed when said request is accompanied by a non -reimbursable payment of $40.00 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 20"i day of July, 1999. PASSED, APPROVED AND ADOPTED by the City Council of the City this 20'h day of July, 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 20th day of July, 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 MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL FROM: TERRENCE L. BELANGER, CITY MANAGEXJ6 RE: PROPOSED AMENDMENT TO WILDLIFE CORRIDOR CONSERVATION AUTHORITY JOINT EXERCISE OF POWERS AGREEMENT TO PERMIT THE COUNTY OF LOS ANGELES TO BECOME A PARTY TO THE JOINT POWERS AGREEMENT DATE: JULY 20, 1999 RECOMMENDATION: It is recommended that the City Council of the City of Diamond Bar approve the amendment to the Wildlife Corridor Conservation Authority Joint Exercise of Powers Agreement to permit the County of Los Angeles to become a party to the joint powers agreement. It is further recommended that the Mayor be authorized and directed to execute the proposed amendment to the joint powers agreement. DISCUSSION: The County of Los Angeles has made a request to become a party to the Wildlife Corridor Conservation Authority Joint Exercise of Powers Agreement (WCCA). The County of Los Angeles is the governing body of the greater majority of the territory within the wildlife corridor, as delineated by WCCA. Further, the County of Los Angeles is single largest source of funding available to WCCA, for conservation activities. The City representative (Mayor Pro Tem O'Connor) to the WCCA Board of Directors and the alternate orient. Th text of the proposed amendment isentative (Councilman Huff) both attached hereto. proposed agreement amend Amendment Number One Wildlife Corridor Conservation Authority Joint Exercise of Powers Agreement Whereas, the jurisdiction and interests of the Authority are related to that of the Puente Hills Landfill Native Habitat Preservation Authority in Los Angeles County; and Whereas, to provide coordination and encourage continuity of planning among local governments in the area covered by the Authority and the Puente Hills Landfill Native Habitat Preservation Authority in Los Angeles County, it is in the interests of the Authority to include the County of Los Angeles in the Authority; now Therefore, pursuant to the Joint Exercise of Powers Act (Government Code Section 6500 Pd =.), and Section 21.0 of the Joint Exercise of Powers Agreement relating to amendments the parties to the Joint Exercise of Powers Agreement resolve and agree to amend that agreement as follows: Section 5.1(a) is amended to read: (a) The city council or board of supervisors of each of the participating entities to this agreement shall each appoint one of their nuMber and an alternate to serve on the Governing Board at the pleasure of such appointing power. Section 20.0 is amended to read: 20.0 The Santa Monica Mountains Conservancy, the County of Los Angeles, and the cities of Anaheim, Brea, Chino Hills, Diamond Bar,. Walnut, Yorba Linda and Whittier may become parties to this Agreement at any time. The addition of a party not listed here shall require the approval of.the board. In Witness Whereof, the parties hereto agree this Amendment may be executed in counter parts and have caused this agreement to be executed by their duly authorized representatives. Amendment Number One Wildlife Corridor Conservation Authority Joint Exercise of Powers Agreement By: City of Diamond Bar June 23, 1999 BOARD OF SUPERVISORS COUNTY OF LOS ANGELES 822 KENNETH HAHN HALL OF ADMINISTRATION / LOS ANGELES, CALIFORNIA 90012 Telephone (213) 974-4444 / FAX (213) 626-6941 The Honorable Wen Chang Mayor City of Diamond Bar 21660 E. Copley Drive, Suite 100 Diamond Bar, CA 91765 DON KNAB E CHAIRMAN OF THE BOARD SUPERVISOR, FOURTH DISTRICT MEMBERS OF THE BOARD GLORIA MOLINA YVONNE BRATHWAITE BURKE ZEV YAROSLAVSKY DON KNABE MICHAEL D. ANTONOVICH Re: Proposed Amendment to Wildlife Corridor Conservation Authority Joint Exercise of Powers Agreement to Permit the County of Los Angeles to Become a Party Dear Mayor Chang As the governing body for the unincorporated County of Los Angeles territory within WCCA's jurisdiction, and as a party to the Puente Hills Landfill Nature Habitat Preservation Authority, I am asking that the County of Los Angeles join the Authority governing board. I understand that each member of the Authority needs to execute an amendment to effect this change, and my office will accept the administrative burden of this effort. For your convenience, I enclose an appropriate amendment for execution by your council. It is my personal request that you bring this before your council for execution and return the executed amendment to me for correlation and delivery to the Authority upon completion of signatures. I look forward to working with you to promote the goals for which the Authority was formed. Very truly yours, L' `—DON'KNABE Chairman, Board of Supervisors Supervisor, Fourth District County of Los Angeles c: Councilm embers, City of La Habra Heights Terrence L. Belanger, City Manager Enclosure C= s- ry co ry _. 74 -71 Re: Proposed Amendment to Wildlife Corridor Conservation Authority Joint Exercise of Powers Agreement to Permit the County of Los Angeles to Become a Party Dear Mayor Chang As the governing body for the unincorporated County of Los Angeles territory within WCCA's jurisdiction, and as a party to the Puente Hills Landfill Nature Habitat Preservation Authority, I am asking that the County of Los Angeles join the Authority governing board. I understand that each member of the Authority needs to execute an amendment to effect this change, and my office will accept the administrative burden of this effort. For your convenience, I enclose an appropriate amendment for execution by your council. It is my personal request that you bring this before your council for execution and return the executed amendment to me for correlation and delivery to the Authority upon completion of signatures. I look forward to working with you to promote the goals for which the Authority was formed. Very truly yours, L' `—DON'KNABE Chairman, Board of Supervisors Supervisor, Fourth District County of Los Angeles c: Councilm embers, City of La Habra Heights Terrence L. Belanger, City Manager Enclosure CITY OF DIAMOND BAR AGENDA REPORT AGENDA NOf % TO: Honorable Mayor and Members of the City Council MEETING DATE: July 20,1999 REPORT DATE: July 14, 1999 FROM: Terrence L. Belanger, City Manager TITLE: Ordinance No. XX (1999): An Ordinance of the City of Diamond Bar Amending Chapter 18.108 of Tile 18 of the Diamond Bar Municipal Code Adopting Amendments to Update the Minimum National Flood Insurance Program Requirements for Floodplain Management SUMMARY: Congress passed the National Flood Insurance Act of 1968 establishing the National Flood Insurance Program (NFIP) to enable property owners to purchase insurance protection against losses from flooding. Community participation in the NFIP is based on an agreement with the Federal Emergency Management Agency (FEMA) that the community will implement and enforce measures to reduce future flood risks to new construction in flood -prone areas. By doing this, the community would be provided with available flood insurance as financial protection against flood losses in the special flood zone areas. There are two areas so noted in Diamond Bar (Attachment al"). The city's current floodplain management regulations are contained in Chapter 18.108 of the Diamond Bar Municipal Code adopted by Ordinance No. 30 (1989). The City of Diamond Bar became a participating city in the (NFIP) via Resolution No. 91-51 and the subsequent approval by FEMA on July 31, 1991. Community Assistance Visits (CAV) are also a part of the program for periodic contact and to assure compliance with current NFIP regulations. To date the City of Diamond Bar has had two Community Assistance Visits (CAV) with the last one conducted on October 26, 1998. The attached amendments implement the changes necessary for Diamond Bar's compliance to the minimum requirements and restrictions per the CAV and the FEMA Model Ordinance. RECOMMENDATION: That the City Council approve first reading by file only, waive full reading and introduce Ordinance No. XX (1999) amending Chapter 18.108 of Tile 18 of the Diamond Bar Municipal Code to update the minimum National Flood Insurance Program requirements for Floodplain Management. LIST OF ATTACHMENTS: _ Staff Report Public Hearing Notification _ Resolution(s) Bid Specification X Ordinance(s) Other 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? X_Yes _ No Report discussed with the following affected departments: Building & Safety Division REVIEWED BY: 44 Terrenc L. Belanger es DeStefano 4649 id . Liu City Manager Deputy City Manager Deputy Director of Public Works CITY COUNCIL REPORT AGENDA NO. MEETING DATE: July 20, 1999 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Ordinance No. XX (1999): An Ordinance of the City of Diamond Bar Amending Chapter 18.108 of Title 18 of the Diamond Bar Municipal Code Adopting Amendments to Update the Minimum National Flood Insurance Program Requirements for Floodplain Management. ISSUE STATEMENT: To adopt amendments via Ordinance No. XX (1999) to update the minimum National Flood Insurance Program (NFIP) requirements for Floodplain Management. RECOMMENDATION: That the City Council approve first reading by title only, waive full reading and introduce Ordinance No. XX (1999) amending Chapter 18.108 of Title 18 of the Diamond Bar Municipal Code to update the minimum National Flood Insurance Program requirements for Floodplain Management. FINANCIAL SUMMARY: The adoption of the ordinance has no negative financial impact to the City. As a participating City in the NFIP, residents and businesses in the floodplain area are able to obtain flood insurance from the National Flood Insurance Program. BACKGROUND/DISCUSSION: Congress passed the National Flood Insurance Act of 1968 establishing the National Flood Insurance Program (NFIP) to enable property owners to purchase insurance protection against losses from flooding. Prior to this program, such coverage was generally unavailable from private -sector insurance companies. The NFIP is administered by the Federal Insurance Administration, a component of the Federal Emergency Management Agency (FEMA). Community participation in the NFIP is based on an agreement with FEMA that the community will implement and enforce measures to reduce future flood risks to new construction/development in flood -prone areas. Also, the community assists in updating the FEMA maps with any new improvements within the community that are designed to reduce future flood losses in the identified flood -prone areas. Per the FEMA Region IX Office, of the nation's 22,000 cities, towns, counties, and boroughs there are about 18,500 members in the NFIP. These communities benefit by having the availability of flood insurance as financial protection against flood losses in these areas. The Flood Insurance Rate Maps (FIRM) are produced by FEMA and are numbered by community, panel, and date. Flood zones are determined as flood -prone areas on the basis of historic records, climatic patterns, and hydrologic and hydraulic data by FEMA. Base Flood Elevations (BFE's) are the likely flood levels determined on the basis of the "100 -year" flood, which is the flood that has a one percent annual probability of being equaled or exceeded. If the return period is 100 years, the rate of rainfall is of the most intense storm during a 100 -year period. This is called a 100 -year storm" or the "100 -year event." The larger the interval, the greater the rainfall. The maps are based on a variety of assumptions about expected flood severity, development patterns, etc., and the actual flooding from a "100 -year" flood may be significantly greater. Floods are also rated as "500 -year" floods and could possibly occur once or even more often during a building's lifetime. The community number for Diamond Bar is 065043. Map panels 09008, 0960B, and 0980B of the current Flood Insurance Rate Map (FIRM) for the County of Los Angeles, map index dated July 6, 1998, are the applicable panels for the City of Diamond Bar. All of panels 09008 and 0960B are in Zone C, areas of minimal flooding, and are no longer printed. Though most of the third panel, 0980B printing date December 2, 1980, is in Zone C; there are two identified flood -prone zones. The area at Lycoming Avenue and Brea Canyon Road is zoned both A and AO (see Attachment 1"). Zone A has no BFE determined, and Zone AO is determined as flooding depths of 1 to 3 feet. Per the NFIP, there are 30 flood insurance policies issued to property owners within the city, with a total coverage of $5.9 million, for a total of $7,741 in annual premiums. Two commercial buildings, Century Communications and the Arco AM/PM that were built before Diamond Bar's incorporation, are located in the Zone AO and Zone A, respectively. Both buildings have been elevated. The City's current floodplain management regulations are contained in Chapter 18.108 of the Diamond Bar Municipal Code adopted by Ordinance No. 30 (1989). The City of Diamond Bar became a participating city in the (NFIP) via Resolution No. 91-51 and the subsequent approval by FEMA on July 31, 1991 Community Assistance Visits (CAV) are a part of the program to assure compliance with NFIP regulations and updates by maintaining periodic contact with the community; to evaluate the effectiveness of local floodplain management practices; as well as, to offer 2 assistance as needed. Two CAV's have been conducted, one on January 14, 1992 and lastly on October 26, 1998. The attached amendments are the necessary changes for the City of Diamond Bar's compliance to the minimum NFIP requirements with an update to the provisions of "Lowest floor", "Appeal board", and "Conditions for variances" as required by FEMA. The "Lowest floor" changes as reflected in the Ordinance are best shown on Attachment "2". These changes are prerequisites for the continued participation in the NFIP. Mr. Bill Hom, Department of Water Resources, has reviewed the changes to the Ordinance and approved them for compliance. The City Attorney has also reviewed the Ordinance. Attachment "A" reflects the changes to the Ordinance. The items with strike out are deletes and bold italic items are the adds. Prepared by: David G. Liu\Linda Kay Smith 9 OlGw �N <PN P� I yrn o KEY TO MAP 500 -Year Flood Boundary --- -- — 100 -Year Flood Boundary — — — — ZONE B lone Designations* With NE Al ZDATE Date of Identification e.g., 12/2/74 ZONE A5 100 -Year Flood Boundary — — - -- DATE 500 -Year Flood Boundary - ZONE B Base Flood Elevation Line With Elevation In Feet** Base Flood Elevation in Feet 7 a Where Uniform Within Zone** 573 (EL 987) Elevation Reference Mark RM7X River Mile • M1 .5 I **Referenced to the National Geodetic Vertical Datum of 1929 *EXPLANATION OF ZONE DESIGNATIONS ZONE EXPLANATION A Areas of 100 -rear flood; base flood ele�ation: and flood hazard factors not determined. t AO Areas of 100 -dear shadow flooding where ieoth� are between one ( I ) and three (3; reet: averar e depths t of inundation are shown, but no flood hazard lac ors I are determined. AH Areas of 100 -Near shalloss flooding wher'c depths are between one f 1 ) and three (3) feet; base hood l elevations are shown, but no flood hazard- tactors are cetermined. Al -A30 Areas of 100 -year flood; base flood elevation, and flood hazard factors determined. A99 Areas of 100 -year flood to he protected hi tlood protection sN stem under constructlon; base llood elevations and flood hazard factors not determined. B Areas between limits of the 100 -year flood and 4'00- year flood; or certain areas subject to 100-vear flood - int; with average depths less than one (1 ) toot or where the contributing drainage area is less than one square mile, or areas protected by levees from the base flood. (Medium shadingl C Areas of minimal flooding. (No shading) D Areas of undetermined, but possible, flood hazards. V Areas of 100 -year coastal flood with velocity (wave action); base flood elevations and flood hazard factors' not determined. V1 -V30 Areas of 100 -year coastal (food with velocity (wave action); base flood elevations and flood hazard factors determined. NOTES TO USER CCertain areas not in the special flood hazard areas (tones A and V) may be protected by flood control structures. This map is for flood insurance purposes only; it does not neces- sarily show all areas subject to flooding in the community or all planimetric features outside special flood hazard areas. For adjoining map panels, see separately printed Inde\ To Map Panels. INITIAL IDENTIFICATION: OCTOBER 24, 1978 FLOOD HAZARD BOUND>R1 %1AP REvISIUyIS: 1� tlf��nit/tdl�l�1 ,�,�IErn�al#41�+���H I�i'x•7ttf t•M,t1rT°��t����f{rpt It; ttl191! {1I0111J,! I j � ��r37 Yi,n�-y• --1i�11� '�pkm V'9�A"r.,1�"' �a y { r CASE #3: The building and its first floor are well above Base Flood Elevation. Flood insurance is required because the above ground portion of the piers is exposed to flood damage. The premium will be less than either Case #1 or Case #2, assuming the properties are in the same flood zone EE-- 1 Bs� -ni1 Lrxest Floor (r (;~fll?i. jCjj ff ✓r�'t Ij� ft _. �-".. m est �• 'f.�n�.. . .,� w zcerl Grade C ISE #2:1 he building and :ts'irst fl, , )r rare at cr abcve Base Flood E va:ion. F iooc insurance is still req sired because the above ground f unc!ation is subject to flood damae The premium, however, will t - m cch lower than in Case #1, asst mine the properties are in the ,,i -n( flood zone. ❑0 ilo i ❑ ❑ Lowest Floor Base Flood Elevation � n CASE #4: The land naturally is or has been graded so that the first floor and the foundation are above Base Flood Elevation. This building is eligible for a Letter of Map Amendment (LOMA) or Letter of Map Revision (LOMB). When and if a LOMA or LOMR is issued by FEMA, the flood insurance requirement will be removed. ]C L _ lr, i.;, E ( 11 r its l gran ;. Leo v Eas. Ir =v lit iran p red rr i e,t urt vti e r c.i:E ;: t )oto t veie 11 aY,(e CASE #3: The building and its first floor are well above Base Flood Elevation. Flood insurance is required because the above ground portion of the piers is exposed to flood damage. The premium will be less than either Case #1 or Case #2, assuming the properties are in the same flood zone EE-- 1 Bs� -ni1 Lrxest Floor (r (;~fll?i. jCjj ff ✓r�'t Ij� ft _. �-".. m est �• 'f.�n�.. . .,� w zcerl Grade C ISE #2:1 he building and :ts'irst fl, , )r rare at cr abcve Base Flood E va:ion. F iooc insurance is still req sired because the above ground f unc!ation is subject to flood damae The premium, however, will t - m cch lower than in Case #1, asst mine the properties are in the ,,i -n( flood zone. ❑0 ilo i ❑ ❑ Lowest Floor Base Flood Elevation � n CASE #4: The land naturally is or has been graded so that the first floor and the foundation are above Base Flood Elevation. This building is eligible for a Letter of Map Amendment (LOMA) or Letter of Map Revision (LOMB). When and if a LOMA or LOMR is issued by FEMA, the flood insurance requirement will be removed. ATTACHMENT "A" The items with strike out reflect deletes, and items with bold italic reflect the added changes. SECTION 18.108.020. Definition of "Lowest floor" amended and the definition of "Substantial Damage" added as follows: Lowest floor means the lowest floor of the lowest enclosed area, including basement (see basement definition). An r or-' fesisWt effelesum, 1. An unfinished or flood resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided it conforms to applicable non -elevation design requirements, including, but not limited to: a. The anchoring standards in Section 1&10&130(1). b. The construction materials and methods standards in Section 1&10&130(2). C. The wet floodproofmg standard in Section 1 &10&130(3). d The standards for utilities in Section 18.108.140. 2. For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements (see "Basement" definition). This prohibition includes below -grade garages and storage areas Substantial Damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred SECTION 18.108.120(4)a. amended as follows: (4) Certifications. Obtain and maintain for public inspection and make available as needed: a. The certification required in section 18.108.130(3)x. (lowest floor elevations); SECTION 18.108.130(3) amended as follows: (3) Elevation and floodproofing. follows (See definitions for "basement," "lowest floor,,, anew construction,rr "substantial damage" and "substantial improvement".) Standards for elevation and floodproofing are as follows: a. New construction and substantial improvement of any structure shall have the lowest floor, including the basement, elevated to or above the base flood elevation. Nonresidential structures may meet the standards in subsection (3)c of this section. Upon the completion of the structure the elevation of the lowest floor, including the basement, shall be certified by a registered professional engineer or surveyor, or and verified by the community building inspector to be properly elevated. Such certification or verification shall be provided to the floodplain administrator. b. New construction and substantial improvement of any structure in zone AO shall have the lowest floor, including the basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM, or at least two feet, if no depth number is specified. Nonresidential structures may meet the standards in subsection (3)c of this section. Upon the -completion of the structure the elevation of the lowest floor, including the basement, shall be certified by a registered professional engineer or surveyor, or- verified by the community building inspector to be properly elevated. Such certification or verification shall be provided to the floodplain administrator. C. Nonresidential construction, new or substantial improvement, shall either be elevated in conformance with subsection (3)a. or (3)b. of this section or, together with attendant utility and sanitary facilities: Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; 2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and 3. Be certified by a registered professional engineer that the standards of this subsection are satisfied. Such certifications shall be provided to the floodplain administrator. d. Require, for all new construction and substantial improvements, that fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: Either a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwaters; or 2. e. Manufactured homes shall also meet the standards in Section 18.108.160. SECTION 18.108.150(b) amended to read as follows: (b) All final subdivision plans will provide the elevation of proposed structures and pads. if the site is filled above the base flood, the final the lowest floor and pad elevations shall be certified by a registered professional engineer or surveyor and provided to the Floodplain Administrator. SECTION 18.108.200(f): amended to read as follows: (f) The Floodplain Administrator shall will maintain tlie-meeFds a record of all variance actions, including justification of their issuance, and report such variances issued in its biennial report submitted to the Federal Insurance Administration, Federal Emergency Management Agency --upon SECTION 18.108.210.0): amended to read as follows: (n Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100 of insurance coverage. Such construction below the base flood level increases risks to life and property; therefore, a copy of the notice shall be recorded by the flooaplain board in the office of the county recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land D:\WORD-LINDA\ORDINANC\FLOOD ATTACHMENT A ORDINANCE NO. XX (1999) AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING CHAPTER 18.108 OF TITLE 18 OF THE DIAMOND BAR MUNICIPAL CODE ADOPTING AMENDMENTS TO UPDATE THE MINIMUM NATIONAL FLOOD INSURANCE PROGRAM REQUIREMENTS FOR FLOODPLAIN MANAGEMENT The City Council of the City of Diamond Bar does hereby ordain as follows: SECTION 1: Section 18.108.020. Definitions of Chapter 18.108 of the Diamond Bar Municipal Code (DBCC) is hereby amended by amending the definition of "Lowest floor" and adding the definition of "Substanfial Damage" to read as follows: " "Lowest floor" means the lowest floor of the lowest enclosed area, including basement (see "Basement" definition). 1. An unfinished or flood resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided it conforms to applicable non -elevation design requirements, including, but not limited to: a. The anchoring standards in Section 18.108.130(1). b. The construction materials and methods standards in Section 18.108.130(2). C. The wet floodproofing standard in Section 18.108.130(3). d. The standards for utilities in Section 18.108.140. 2. For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements (see "Basement" definition). This prohibition includes below -grade garages and storage areas. Substantial Damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred." SECTION 2: Section 18.108.120(4)a. of Chapter 18.108 of the DBCC is hereby amended to read as follows: "a. The certification required in Section 18.108.130(3)a. (lowest floor elevations);" follows: SECTION 3: Section 18.108.130(3) of Chapter 18.108 of the DBCC is hereby amended to read as "(3) Elevation and floodproofing. (See definitions for "basement," "lowest floor," "new construction," "substantial damage" and "substantial improvement".) Standards for elevation and floodproofing are as follows: a. New construction and substantial improvement of any structure shall have the lowest floor, including the basement, elevated to or above the base flood elevation. Nonresidential structures may meet the standards in subsection (3)c of this section. Upon the completion of the structure the elevation of the lowest floor, including the basement, shall be certified by a registered professional engineer or surveyor, and verified by the community building inspector to be properly elevated. Such certification or verification shall be provided to the Floodplain Administrator. New construction and substantial improvement of any structure in zone AO shall have the lowest floor, including the basement, elevated above the highest adjacent grade at least as high as the depth number specked in feet on the FIRM, or at least two feet, if no depth number is specified. Nonresidential structures may meet the standards in subsection (3)c of this section. Upon the completion of the structure the elevation of the lowest floor, including the basement, shall be certified by a registered professional engineer or surveyor, and verified by the community building inspector to be properly elevated. Such certification or verification shall be provided to the Floodplain Administrator. Nonresidential construction, new or substantial improvement, shall either be elevated in conformance with subsection (3)a. or (3)b. of this section or, together with attendant utility and sanitary facilities: Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; 2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and 3. Be certified by a registered professional engineer that the standards of this subsection are satisfied. Such certifications shall be provided to the Floodplain Administrator. d. Require, for all new construction and substantial improvements, that fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this 2 requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: Either a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwaters; or e. Manufactured homes shall also meet the standards in Section 18.108.160." SECTION 4: Section 18.108.150 (b) of Chapter 18.108 of the DBCC is hereby amended to read as follows: follows: follows: "(b) All final subdivision plans will provide the elevation of proposed structures and pads. If the site is filled above the base flood, the lowest floor and pad elevations shall be certified by a registered professional engineer or surveyor and provided to the Floodplain Administrator." SECTION 5: Section 18.108.200(f) of Chapter 18.108 of the DBCC is hereby amended to read as "(f) The Floodplain Administrator will maintain a record of all variance actions, including justification of their issuance, and report such variances issued in its biennial report submitted to the Federal Insurance Administration, Federal Emergency Management Agency." SECTION 6: Section 18.108.210 (f) of Chapter 18.108 of the DBCC is hereby amended to read as "(f) Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100 of insurance coverage. Such construction below the base flood level increases risks to life and property; therefore, a copy of the notice shall be recorded by the floodplain board in the office of the county recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land." SECTION 7: The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this revision shall remain in full force and effect. SECTION 8: The City Clerk shall certify to the passage of this Ordinance and shall cause this Ordinance to be posted in three (3) public places within the City of Diamond Bar within fifteen (15) days after its passage in the manner prescribed by Resolution No. 89.6. ADOPTED AND APPROVED THIS DAY OF 11999. 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 Council of the City of Diamond Bar held on this _. day of ,1999, and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the _ day of ,1999, by the following vote: AYES: NOES: ABSENT: ABSTAINED: D:\VVORD-LINDA\ORDINANC\flooddra.ft COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: ATTEST: City Clerk of the City of Diamond Bar 4 -- - '-U. . 8610701 Jul. 15 1999 01: 03AM P1 Jul -1n-99 10_07A P-02 1 MEMORANDUM NI TO: HONORABLE MAYOR Al-413MEMBERS OV THE CITY COUNCIL. FROM: C OUNCU, MliMBER ANSA�U COUNCIL, MEMBER 14ERRERA — LEGISLATIVE SUB -COMMITTEE RE: I.FGISLATIVE SI.TB-COMMITTEE RECOMMLlSDATTONS DATE: JULY 15,199q RRCOMMENDA'TION: The Legislative Sub -Committee recornmends tiro following actions: SH 1 190 (Solis) OPPOSE AB 18 (Villuaignsa) SUPPORT AB 1383 (Thompson) SUPPORT SB 1190 (Soli. Title: An act to amend Section 33334,4 of ;he Health and Safety Code, relating to redovelopmem. The Community Redevelopincar Law (GRI.) suthuTizcs the establishment of redevelopment agencies in communities to address the effects of blight, as defined, in areas of those ccxnrnunities known as proiect at= The existing law declare,-+ that redevelopmentt agencies must set aside 2(rc of their annual property tax increment revenues in al -ow and Moderate Housing Fund (L&M Fund) to increase, improve. and preiervc affordable housing. L& M Funds can be used to buy land, build onsite or offsite i,npruvements, build structures, buy buildings, rehabilitate buildings, ,ubridi2e housing, pay tx)nds or othet indebtednass, maintain mobile homes, preserve subsidized units, replace destroyed housing units, and other related uses. This bill would require that a:cpecificd proportion of rttonjas in the agency'~ L&M Fund be expended over the duration of a 5 -year implementation plan to Udiist housing for persons of low attd very inw inconx. The bill stipulawl d time period for which the money must he spent, ratlxr than stating that the money is ro be expended over the duration of the redevelopment plan. This bill also states that if an agency does not adopt a housing cicjmnt or revixe its housing Clement in ac cord=m with Section 65588 of the Government Code or if the jurisdiction's housing element has trot been found in compliance by the deparunent pursuant to the Chivernment Codc, the agency shall expend at 1e!L1l 75% of the money in the L&M Fund to assisc housing for person. (I iow and very low incomes. MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: COUNCIL MEMBER JD COUNCIL MEMBER HERRERA — LEGISLATIVE SUB -C ITTEE RE: LEGISLATIVE SUB -COMMITTEE RECOMMENDATIONS DATE: JULY 1.5, 1999 RECOMMENDATION: The Legislative Sub -Committee recommends the following actions: SB 1190 (Solis) OPPOSE AB 18 (Villaraigosa) SUPPORT AB 1383 (Thompson) SUPPORT SB 1190 (Solis) Title: An act to amend Section 33334.4 of the Health and Safety Code, relating to redevelopment. The Community Redevelopment Law (CRL) authorizes the establishment of redevelopment agencies in communities to address the effects of blight, as defined, in areas of those communities known as project areas. The existing law declares that redevelopment agencies must set aside 20% of their annual property tax increment revenues in a Low and Moderate Housing Fund (L&M Fund) to increase, improve, and preserve affordable housing. L& M Funds can be used to buy land, build onsite or offsite improvements, build structures, buy buildings, rehabilitate buildings, subsidize housing, pay bonds or other indebtedness, maintain mobile homes, preserve subsidized units, replace destroyed housing units, and other related uses. This bill would require that a specified proportion of monies in the agency's L&M Fund be expended over the duration of a 5 -year implementation plan to assist housing for persons of low and very low income. The bill stipulates a time period for which the money must be spent, rather than stating that the money is to be expended over the duration of the redevelopment plan. This bill also states that if an agency does not adopt a housing element or revise its housing element in accordance with Section 65588 of the Government Code or if the jurisdiction's housing element has not been found in compliance by the department pursuant to the Government Code, the agency shall expend at least 75% of the money in the L&M Fund to assist housing for persons of low and very low incomes. AB 18 (Villaraigosa) Title: An act to add Chapter 1.692 to Division 5 of the Public Resources Code, relating to financing a program for the acquisition, development, improvement, rehabilitation, restoration, enhancement, and protection of park, recreational, cultural, historical, fish and wildlife, lake, riparian, reservoir, and coastal resources, by providing the funds necessary therefore through the issuance and sale of bonds of the State of California and by providing for the handling and disposition of those funds, and declaring the urgency thereof, to take effect immediately. Specifically, this bill creates the Villaraigosa-Keeley Urban Parks, Clean Water and Coastal Protection Bond Act of 2000. The legislation proposes a $1.5 billion 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 program for the acquisition, development, improvement, rehabilitation, restoration, enhancement, and protection of park, recreational, cultural, historical, fish and wildlife, and coastal resources. AB 1383 (Thompson) Title: An act to amend Section 164.56 of the Streets and Highways Code, relating to highways, and declaring the urgency thereof to take effect immediately. Existing law establishes the Environmental Enhancement and Mitigation Demonstration Program Fund (EEMDA) in the State Highway Account, states legislative intent to allocate $10 million for 10 years beginning in 1991, and establishes procedures under which the Resources Agency evaluates proposals for funding and makes recommendations for funding out of the fund. The EEMDA is utilized to make grants to local, state, and federal agencies and nonprofit entities that undertake projects to mitigate the adverse environmental effects of existing and future transportation facilities. This bill would delete the 10 year limitation of the existing law and, instead, would specify that it. is the intent of the Legislature to allocate $10 million annually to the fund which would be renamed the Environmental Enhancement and Mitigation Program Fund. This bill would also require the Department of Transportation to extend the completion date to June 30, 2002, for specified Environmental Enhancement and Mitigation Projects. Specifically, this bill would extend the completion date for Diamond Bar's Tree Planting Project, which would allow Diamond Bar to plant 1,100 more trees in the City. SB 1190 Senate Bill - AMENDED BILL NUMBER: SB 1190 AMENDED BILL TEXT AMENDED IN ASSEMBLY JUNE 28, 1999 AMENDED IN SENATE APRIL 26, 1999 AMENDED IN SENATE APRIL 8, 1999 INTRODUCED BY Senator Solis FEBRUARY 26, 1999 An act to amend Section -33334.2 33334.4 of the Health and Safety Code, relating to redevelopment. LEGISLATIVE COUNSEL'S DIGEST SB 1190, as amended, Solis. Redevelopment: low- and moderate -income housing funds. The Community Redevelopment Law authorizes the establishment of redevelopment agencies in communities to address the effects of blight, as defined, in areas of those communities known as project areas. Existing law requires that not less than 20% of tax -increment funds that are allocated to the agency be used by the agency for the purposes of increasing, improving, and preserving the community's supply of low- and moderate -income housing available at affordable housing cost to persons and families of low or moderate income and very low income households, unless a finding is made by the legislative body of the community, as specified. Existing law restrielm�s the use et those funels f eftsite a e ffsite et building sites te impL-evefftents ffiaele as r art ef the cons-truetien ey Lehabilitatien ef aff "'exam e heusing units declares that it shall be the policy of each agency to expend a specified proportion of funds in the agency's Low and Moderate Income Housing Fund over the duration of the redevelopment plan to assist housing for persons of low and very low income . This bill , instead of this declaration, would revise these rest-icieLiens te aelelitienally,tti. is N y units, and to speeified peried „f_time require a specified proportion of moneys in the agency's Low and Moderate Income Housing Fund to be expended over the duration of a 5 -year implementation plan to assist housing for persons of low and very low income . Vote: majority. Appropriation: no. Fiscal committee: no. State -mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 33334.4 of the Health and Safety Code is amended to read: 33334.4. The Legislatare finds and Elee t- t shal! be the pe e£ much Each agency to shall expend, over the duration of the redeve epfnent each five-year implementation plan, the moneys in the Low and Moderate Income Housing Fund to assist housing for persons of low and very low income in at least the Page 1 of 2 http://www.leginfo.ca.gov/pub/bill/sen/sb—1 151-1200/sb_ 1190_bill_ 19990628_amended_asm.ht7/ 14/99 SB 1190 Senate Rill - AMENDED same proportion as the total number of housing units needed for those income groups ��hieh are net ]Being bears to the total number of units needed for persons of moderate, low and very low income within the community as identified pursuant to Section 65584 of the Government code. If the Local jurisdiction has not adopted a housing element or revised its housing element in accordance with Section 65588 of the Government Code or if the jurisdiction's housing element has not been found in compliance by the department pursuant to Section 65585 of the Government Code, the agency shall expend at least 75 percent of the moneys in the Low and Moderate Income Housing Fund to assist housing for persons of low and very low incomes All matter omitted in this version of the bill appears in the bill as amended in the Senate April 26, 1999 (JR 11) Page 2 of 2 http://www.leginfo.ca.gov/pub[bill/sen/sb_l 151-1200/sb_ 1190_bill_ 19990628_amended_asm.ht7/ 14/99 SB 1190 Senate Bill - Bill Analysis SENATE HOUSING & COMMUNITY DEVELOPMENT COMMITTEE Senator Richard Alarcon, Chairman --------------------------------------------------------------- Bill No:SB 1190 Hearing: 4/19/99 -------------------------------------- t ------------------------- Author: ----------------- --------------+------------------------- Author: Solis (Fiscal: No ---------------- ----------------+------------------------- Version:4/8/99 Consultant:Yee REDEVELOPMENT LOW- & MODERATE -INCOME HOUSING FUND Background and Existing Law Under the Community Redevelopment Law (CRL), redevelopment agencies must set aside 20% of their annual property tax increment revenues in a Low and Moderate Housing Fund (L&M Fund) to increase, improve, and preserve affordable housing (AB 3674, Montoya, 1976). Annually, redevelopment agencies generate more than $1.5 billion in tax increment and more than $250 million is set-aside for the L&M Funds to provide affordable housing. L&M Funds can be used to buy land, build onsite or offsite improvements, build structures, buy buildings, rehabilitate buildings, subsidize housing, pay bonds or other indebtedness, maintain mobilehomes, preserve subsidized units, replace destroyed housing units, and other related uses. Housing advocates say than some redevelopment agencies don't use their L&M Funds for lower income housing or housing related uses. They want to clarify the law. Proposed Law Page 1 of 7 http://www.leginfo.ca.gov/pub/bilUsen/sb_ 1151-1200/sb_ 1190_cfa_ 19990415_130830_sen_con7/ 15/99 SB 1190 Senate Bill - Bill Analysis Senate Bill 1190 specifies that redevelopment agencies can use L&M Funds for the construction, rehabilitation, or preservation of affordable housing for very low, low- and moderate -income persons or families. When using funds for onsite or offsite improvements, SB 1190 requires: The improvements be necessary and part of the housing project; and The redevelopment agency requires the housing units to be affordable for the longest time feasible, but no less than the time period that the land use controls established in the redevelopment plan are in effect, or 30 years, whichever is greater. SB 1190 also eliminates the authority for redevelopment agencies to use funds for onsite or offsite improvements that are necessary to eliminate a specific condition that jeopardizes the health and safety of existing low or moderate income residents. Comments 1. Re-targetting the L&M Funds Under redevelopment law, L&M Funds can be used for onsite or offsite improvements only if the improvement are part of a residential project for low- and moderate -income persons or the improvements are necessary to eliminate a health and safety condition of an existing low- or moderate -income project. But according to housing advocates, some redevelopment agencies spend their funds on non -housing expenses, claiming that the expenses benefit housing. Funds have been used for bike lanes, street widening, and a railroad overpass, instead of affordable housing. SB 1190 re -targets the use of L&M Funds to generate more affordable housing. 2. Longer affordability covenant . When L&M Funds are used to build or substantially rehabilitate housing, the redevelopment agency must record covenants that require the housing units to remain affordable to low and moderate income persons for at least 15 years for rental units and 10 years for owner occupied units. But SB 1190 requires an affordability covenant to be at least 30 years when housing units are constructed in conjunction with onsite or offsite improvements. Shouldn't the affordability covenant be consistent with existing law? The Committee may wish to consider an amendment that would require affordability covenants to be at least 15 years for rental units and 10 years for owner occupied units. 3. Preserving neighborhoods - Redevelopment law specifies that L&M Funds must be used to increase, improve, and Page 2 of 7 http://www.leginfo.ca.gov/pub/bilYsen/sb_1151-1200/sb 1190_cfa_19990415_130830_sen_con7/15/99 SB 1190 Senate Bill - Bill Analysis preserve a community's supply of low- and moderate -income housing. Some redevelopment officials may want to use funds for local programs to help preserve existing neighborhoods. An example would be to use funds to make offsite roadway improvements to improve access to a lower income neighborhood, instead of building housing units. But SB 1190 specifies that L&M Funds can only be used for onsite and offsite improvements when they are necessary for a project. Should L&M Funds be used for onsite and offsite improvements? 4. Not for health and safety SB 1190 eliminates the authority of redevelopment agencies to use L&M Funds for public improvements that eliminate a specific condition that jeopardizes the health and safety of existing low- and moderate -income residents. Should redevelopment agencies be able to use funds for health and safety reasons? Support and Opposition (4/14/) Support A Community of Friends, Los Angeles AFL-CIO Housing Investment Trust ASIAN Incorporated, San Francisco Azusa Redevelopment Agency Barbara Sanders Associates, Oakland Bonita House, Inc., Oakland Bowman Grove Community Service Planning, Davis Building Opportunities for Self -Sufficiency, Berkeley Burbank Housing Development Corporation, Santa Rosa Cabrillo Economic Development Corporation, Saticoy Caduceus Outreach Services, San Francisco California Food Policy Advocates, San Francisco California Immigrant Welfare Collaborative, San Francisco California Reinvestment Committee, San Francisco California Rural Legal Assistance Foundation California Labor Federation, AFL-CIO California Legislative Council for Older Americans California Manufactured Housing Institute California Church Impact Catholic Charities of the Diocese of Santa Rosa Central Valley Coalition For Affordable Housing, Merced Chinatown Community Development Center, San Francisco Chico Homeless Task Force Christian Church Homes, Oakland City of East Palo Alto, Rent Stabilization Program City of Carlsbad Housing & Redevelopment Department City of Chico/ Homeless Task Force Civic Center Barrio Housing Corporation, Santa Ana Coachella Valley Housing Coalition, Indio Community Housing Development Corporation of Santa Rosa Community Economics, Inc., Oakland Paine 3 of 7 http://www.leginfo.ca.gov/pub/bill/sen/sb—1 151-1200/sb_ 1190_cfa 19990415_130830_sen_con7/ 15/99 SB 1190 Senate Bill -Bill Analysis Community Housing Development Council, Davis Conference of Social Justice Coordinators, Los Angeles Congress of California Seniors Contra Costa County Homeless and Housing Service Providers Corporation for Supportive Housing, Oakland Council of Churches of Santa Clara County East Bay Asian Local Development Corp, Oakland East Bay Habitat for Humanity, Oakland East Oakland Community Development Corporation East Oakland Recovery Center East Palo Alto Rent Stabilization E.M. Schaffran and Company, El Cerrito Ecumenical Assn for Housing, San Rafael Eden Housing, Inc., Hayward EPA Can Do, East Palo Alto Episcopal Community Services, San Francisco Esperanza Community Housing Corporation, Los Angeles Friends Committee on Legislation Friends of the Homeless, Santa Rosa First Community Housing, San Jose Graphic Communications Union Retirees, Oakland Gubb & Barshay Attorneys, San Francisco Hamilton Family Center, San Francisco Home Base, San Francisco Homeless Prenatal Program, San Francisco Homes for Life Foundation, Los Angeles Honorable Dan Albert, Mayor of Monterey Housing for Independent People, Inc., San Jose Housing Authority of the City of Santa Barbara Housing Consortium of the East Bay, Berkeley Human Assistance Inc., Newport Beach ICF Consulting Group, San Rafael IFSN, Santa Rosa Jamboree Housing Corporation, Irvine Justice Office, Sisters Of St. Joseph, Los Angeles Katrina Bergen Associates, Oakland Lake County Alliance for the Mentally Ill Lake County Community Action Agency Laurin Associates Lauterbach and Associates Architects, Camarillo Legal Aid Foundation of Santa Barbara Los Gatos Unitarian Affordable Housing Committee MACSA, Inc., San Jose Marin City Community Development Corporation Marin Continuum of Housing and Services Marin Housing Council, San Rafael Mary Erickson Community Housing, San Juan Capistrano Mental Health Association of San Francisco Mercy Charities Housing California, San Francisco Mid Peninsula Housing Coalition, Redwood City Mountain View/Los Altos Advocates for Affordable Housing Napa Valley Community Housing, Napa Nevada County Housing and Community Services Non -Profit Housing Association of Northern California Page 4 of 7 http://www.leginfo.ca.gov/pubfbill/sen/sb—1 151-1200/sb_ 1190_cfa_ 19990415_ 130830_sen_con7/ 15/99 SB 1190 Senate Bill - Bill Analysis Oakland Community Housing Corporation Oakland Community Housing, Inc. Oakland Community Housing Management, Inc. Older Women's League of California Orange County Homeless Issues Task Force Pajara Valley Housing Corporation, Watsonville Paradigm Innovations, Martinez Peace and Justice Center of Southern California, Los Angeles People's Self -Help Housing Corporation, San Luis Obispo Plowshares Peace and Justice Center, Ukiah Public Interest Law Project, Oakland Public Law Center, Santa Ana Redwood City Planning and Redevelopment Religious Witness with Homeless People, San Francisco Renee Franken and Associates, Inc., Sacramento Resources for Community Development, Berkeley Richard Olmsted Architects, San Francisco Rubicon Programs, Inc., Richmond Rural California Housing Corporation, Sacramento Rural Community Assistance Corporation, Sacramento Saben Investments, Inc., Sepulveda Sacramento Mutual Housing Association Saint Joseph Health System, Orange SAMCO, San Jose San Bernardino Fair Housing Council San Francisco Department of Pubic Health San Francisco Department of Public Health Housing Services San Joaquin Fair Housing, Stockton San Joaquin County Housing Authority Santa Clara County Collaborative, San Jose Santa Monica Rent Control Board Santa Monicans for Renter's Rights Self -Help Enterprises, Visalia Senior Housing Action Collaborative, San Francisco Sentinel Fair Housing, Oakland Shelter for the Homeless, Midway City Shelter, Inc., Concord Shelter Partnership, Inc., Los Angeles Sisters of the Holy Names, Los Gatos Sisters of St. Joseph of Carondelet, Los Angeles Sisters of Norte Dame de Namur of California, Saratoga Skid Row Housing Trust, Costa Mesa Sober Living Network, Santa Monica Socialization Thru Empowering Peers (STEP), San Francisco Society of St. Vincent de Paul, Council of L.A. Sonoma County Golden State Mobile home Owners League South County Housing, Gilroy Southern California Association of Non-profit Housing Southern California Mutual Housing Association SRO Housing Corporation, Los Angeles Tenderloin Neighborhood Development Corporation, San Francisco Tenderloin Housing Clinic, San Francisco Page 5 of 7 http://www.leginfo.ca.gov/pub/bill/sen/sb—1 151-1200/sb I 190cfa19990415130830—sen—con7/15/99 SB 1190 Senate Bill - Bill Analysis Thai Community Development Center, Los Angeles The Agora Group, Goleta The Jordan Apartments/JSCO The Public Interest Law Project Transitional Living and Community Support, Sacramento Venice Community Housing Corporation Western Center on Law and Poverty West Contra Costa Conservation League, El Cerrito West Sacramento Housing Development Corporation West Side Fair Housing Council, Los Angeles WNC & Associates, Inc., Costa Mesa Opposition California Redevelopment Association City of Landcaster City of Santa Ana Tulare Redevelopment Agency. Page 6 of 7 http://www.leginfo.ca.gov/pubPoill/sen/sb_l 151-1200/sb_1190_cfa_19990415_130830_sen_con7/15/99 SB 1190 Senate Bill -Bill Analysis Page 7 of 7 http://www.leginfo.ca.gov/pub/bill/sen/sb_ 1151-1200/sb_ 1190_cfa_ 19990415_ 130830_sen_con7/15/99 AB 18 Assembly Bill - AMENDED BILL NUMBER: AB 18 AMENDED BILL TEXT AMENDED IN ASSEMBLY JUNE 21, 1999 AMENDED IN ASSEMBLY APRIL 22, 1999 AMENDED IN ASSEMBLY MARCH 23, 1999 INTRODUCED BY Assembly Members Villaraigosa and Keeley (Principal coauthor: Assembly Member Shelley) (Coauthors: Assembly Members Alquist, Aroner, Battin, Bock, Briggs, Calderon, Cardoza, Cedillo, Cunneen,; Firebaugk, ^-1'_=;== Dickerson, Dutra, Firebaugh, Frusetta, Gallegos, Havice , Hertzberg, Honda, Jackson, Kuehl, Lempert, Longville, Lowenthal, Machado, Mazzoni, Migden, Reyes, Romero, Scott, Soto, Steinberg, Strom -Martin, Thomson, Torlakson, Wesson, Wiggins, and Wildman) (Coauthor: Senator Rainey) DECEMBER 7, 1998 An act to add Chapter 1.692 (commencing with Section 5096.300) to Division 5 of the Public Resources Code, relating to financing a program for the acquisition, development, improvement, rehabilitation, restoration, enhancement, and protection of park, recreational, cultural, historical, fish and wildlife, lake, riparian, reservoir, and coastal resources, by providing the funds necessary therefor through the issuance and sale of bonds of the State of California and by providing for the handling and disposition of those funds, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 18, as amended, Villaraigosa. Par -IES, seater —and reseii:rees ±=tpr-evemen : bevel Bond: parks, water, and coastal protection act. (1) Under existing law, programs have been established pursuant to bond acts for, among other things, the development and enhancement of state and local parks and recreational facilities_ This bill would enact the Villaraigosa-Keeley Urban Parks, Clean Water, and Coastal Protection Bond Act of 2000 which, if adopted, would authorize, for the purpose of financing a program for the acquisition, development, improvement, rehabilitation, restoration, enhancement, and protection of park, recreational, cultural, historical, fish and wildlife, lake, riparian, reservoir, river, and coastal resources, as specified, the issuance, pursuant to the State General Obligation Bond Law, of bonds in the amount of $1,538,500,000 . (2) The bill would require the Secretary of State to submit the bond act to the voters at the November 7, 2000, statewide general election. (3) The bill would declare that it is to take effect immediately as an urgency statute. Vote: 2/3. Appropriation: no. Fiscal committee: yes. State -mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: Page 1 of 19 http://www.leginfo.ca. gov/publblll/asmlab_0001-0050/ab_ 18_bill_ 19990621_amended_asm.htn7/ 14/99 AB 18 Assembly Bill - AMENDED SECTION 1. Chapter 1.692 (commencing with Section 5096.300) is added to Division 5 of the Public Resources Code, to read: CHAPTER 1.692. VILLARAIGOSA-KEELEY URBAN PARKS, CLEAN WATER, AND COASTAL PROTECTION BOND ACT OF 2000 Article 1. General Provisions 5096.300. This chapter shall be known, and may be cited, as the Villaraigosa-Keeley Urban Parks, Clean Water, and Coastal Protection Bond Act of 2000. 5096.301. Responding to the recreational and open -space needs of a growing population and expanding urban communities, this act will revive state stewardship of natural resources by investing in urban parks and state parks, clean water protection, and coastal beaches and scenic areas. 5096.302. The Legislature finds and declares all of the following: (a) Historically, California's local and urban parks often serve as the recreational, social, and cultural centers for cities and communities, providing venues for youth enrichment, senior activities, and family recreation. (b) Ta- Neighborhood and state parks provide safe places to play in the urban neighborhoods, splendid scenic landscapes, exceptional experiences, and world -recognized recreational opportunities, and in so doing, are vital to California's quality of life and economy. (c) For over a decade, the state's commitment to parks and natural resources has dwindled. California has not kept pace with the needed funding to adequately manage and maintain its multibillion dollar investment in local, urban, and state parks and natural areas resulting in disrepair and overcrowding of many park facilities and the degradation of wild lands. (d) The magnificent Pacific Coast, outstanding mountain ranges, and unique scenic regions are the source of tremendous economic opportunity and contribute enormously to the quality of life of Californians. (e) Continued economic success and enjoyment derived from California's natural resources depends on maintaining clean water, healthy ecosystems, and expanding public access for a growing state. (f) The backlog of needs for repair and maintenance of local and urban parks exceeds $2.5 billion and the need for maintenance of state parks exceeds $2 billion. The state's conservancies and wildlife agencies report a need for habitat acquisition and restoration exceeding $1.8 billion. (g) This act will begin to address these critical urban park and natural resources needs. 5096.306. (a)— It is the intent of the Legislature to strongly encourage every state or local government agency receiving the bond funds allocated pursuant to this chapter for an activity to give full and proper consideration to the use of recycled and reusable products whenever possible with regard to carrying out that activity. (b) it- is the fu3�ther intent of the Legislature that ne land shall be aege}red fer of this chapter- emeept fr l _y seller o f the — 5096.307. (a) Every proposed activity to be funded pursuant to this chapter shall be in compliance with the California Environmental Quality Act (Division 13 (commencing with Section 21000)). (b) Lands acquired with funds allocated pursuant to this chapter shall be acquired from a willing seller of the land. 5096.308. As used in this chapter, the following terms have the following meanings: Page 2 of 19 http://www.leginfo.ca.gov/pubfbill/asm/ab_0001-0050/ab_ 18_bill_ 19990621 _amended_asm.htn7/14/99 AB 18 Assembly Bill - AMENDED (a) "Acquisition" means the acquisition from a willing seller of a fee interest or any other interest, including easements and development rights, in real property from a willing seller. (b) "Board" means the Secretary of the Resources Agency designated in accordance with subdivision (b) of Section 5096.362. (c) "Certified local community conservation corps programs" means programs operated by public or private nonprofit agencies pursuant to Section 14406. (d) "Commission" means the State Parks and Recreation Commission. (e) "Committee" means the Villaraigosa-Keeley Urban Parks, Clean Water, and Coastal Protection Finance Committee created pursuant to subdivision (a) of Section 5096.362. (f) "District" means any regional park district, regional park and open -space district, or regional open -space district formed pursuant to Article 3 (commencing with Section 5500) of Chapter 3, any recreation and park district formed pursuant to Chapter 4 (commencing with Section 5780), or an authority formed pursuant to Division 26 (commencing with Section 35100)_ With respect to any community or unincorporated region that is not included within a district, and in which no city or county provides parks or recreational areas or facilities, "district" also means any other district that is authorized by statute to operate and manage parks or recreational areas or facilities, employs a full-time park and recreation director, offers year-round park and recreation services on lands and facilities owned by the district, and allocates a substantial portion of its annual operating budget to parks or recreation areas or facilities (g) "Fund" means the Villaraigosa-Keeley Urban Parks, Clean Water, and Coastal Protection Bond Fund created pursuant to Section 5096.310. (h) "Historical resource" includes, but is not limited to, any building, structure, site area, place, artifact, or collection of artifacts that is historically or archaeologically significant in the cultural annals of California_ (i) "Program" means the Villaraigosa-Keeley Urban Parks, Clean Water, and Coastal Protection Program established pursuant to this chapters (j) "Secretary" means the Secretary of the Resources Agency. (k) (1) "Stewardship" means the development and implementation of projects for the protection, preservation, rehabilitation, restoration, and improvement of natural systems and outstanding features of the state park system and historical and cultural resources. Those efforts may not include activities that merely supplement normal park operations or that are usually funded from other sources. (2) (A) "Cultural resources stewardship" may include, but is not limited to, stabilization and protection of historical resources, including archaeological resources, in the state park system. Those resources may include sites, features, ruins, archaeological deposits, historical landscape resources, rock art features, and artifacts making up the physical legacy of California's past. (B) "Cultural resources stewardship" does not include the rehabilitation, restoration, reconstruction, interpretation, or mitigation of historical resources typically required as part of a development program. (3) "Natural resources stewardship" may include, but is not limited to, such objectives as the control of major erosion and geologic hazards, the restoration and improvement of critical plant and animal habitat, the control and elimination of exotic species encroachment, the stabilization of coastal dunes and bluffs, and the planning necessary to implement those objectives. (1) "Wildlife conservation partnership" means a cooperative acquisition, restoration, or management of wildlife habitat for which Pae 3 of 19 http://www.leginfo.ca.gov/pub/bill/asm/ab-000 1 -0050/ab—18_bill_ 19990621 _amended_asm _htn7/ 14/99 AB 18 Assembly Bill - AMENDED the Wildlife Conservation Board provides matching funds to leverage other public, private, or nonprofit resources to maximize the conservation benefits to wildlife and wildlife habitat. Article 2. Villaraigosa-Keeley Urban Parks, Clean Water, and Coastal Protection Program 5096.310. The proceeds of bonds issued and sold pursuant to this chapter shall be deposited in the Villaraigosa-Keeley Urban Parks, Clean Water, and Coastal Protection Bond Fund, which is hereby created. Unless otherwise specified and except as provided in subdivision (1), the money in the fund shall be available for appropriation by the Legislature, in the manner set forth in this chapter, only for parks and resources improvement and administrative costs allocable to the bond funded projects, in accordance with the following schedule: (a) The sum of three hundred million dollars ($300,000,000) to the department for the following purposes: (1) To rehabilitate units of the state park system that will ensure that state park system lands and facilities will remain open and accessible for public use. (2) To develop facilities and trails at existing units of the state park system that will provide for optimal recreational and educational use, activities, improved access and safety, and the acquisition from a willing seller of inholdings and adjacent lands. Adjacent lands are lands contiguous to, or in the immediate vicinity of, existing state park system lands and that directly benefit an existing state park system unit. (3) For stewardship of the public investment in the preservation of the critical natural heritage and scenic features, and cultural heritage stewardship projects that will preserve vanishing remnants of California's landscape, and protect and promote a greater understanding of California's past, and the planning necessary to implement those efforts. (4) For facilities and improvements to enhance volunteer participation in the state park system_ (5) To develop, improve, and expand interpretive facilities at units of the state park system, including educational exhibits and visitor orientation centers. (6) To rehabilitate and repair aging facilities at winter recreation facilities pursuant to the Sno-Park program, as provided for in Chapter 1.27 (commencing with Section 5091.01), that provide for improved public safety. (b) The sum of eighteen million dollars ($18,000,000) to the department to undertake stewardship projects, including cultural resources stewardship and natural resources stewardship projects, that will restore and protect the natural treasures of the state park system, preserve vanishing remnants of California's landscape, and protect and promote a greater understanding of California's past. (c) The sum of four million dollars ($4,000,000) to the department for facilities and improvements to enhance volunteer participation in the state park system. (d) The sum of twenty million dollars ($20,000,000) to the department for grants to local agencies administering units of the state park system under an operating agreement with the department, for the development, improvement, rehabilitation, restoration, enhancement, protection, and interpretation of lands and facilities of, and improved access to, those locally operated units. (e) The sum of ten million dollars ($10,000,000) to the California Heritage Fund, created pursuant to Section 5079.10, for competitive grants, in accordance with Section 5096.335. (f) The sum of three hundred fifty million dollars ($350,000,000) to the department for grants, in accordance with Sections 5096.332, 5096.333, and 5096.336, on the basis of population, for the Page 4 of 19 http://www.leginfo.ca.gov/pub/bill/asm/ab-0001 -0050/ab-18_bill_ 19990621 _amended_asm.htn7/14/99 AB 18 Assembly Bill - AMENDED acquisition, development, improvement, rehabilitation, restoration, enhancement, and interpretation of local park and recreational lands and facilities , including renovation of recreational facilities conveyed to local agencies resulting from the downsizing or decommissioning of federal military installations . (g) The sum of two hundred fifty million dollars ($250,000,000) to the department for grants to cities; counties, and districts for the acquisition, development, rehabilitation, and restoration of park and recreation areas and facilities pursuant to the Roberti -Z' berg -Harris Urban Open -Space and Recreational Program Act (Chapter 3.2 (commencing with Section 5620)). (h) The sum of ten million dollars ($10,000,000) to the department for grants, in accordance with Section 5096.337, for the development, improvement, rehabilitation, restoration, and enhancement of public access to lakes, rivers, and reservoirs, and facilities related thereto, to provide recreational opportunities, and for purposes of Section 7048 of the Water Code. (i) The sum of ten million dollars ($10,000,000) to the department for grants, in accordance with Section 5096.337, for the development, improvement, rehabilitation, restoration, enhancement, and interpretation of nonmotorized trails for the purpose of increasing public access to, and enjoyment of, existing public areas for increased recreational opportunities. (j) The sum of two million five hundred thousand dollars ($2,500,000) to the California Conservation Corps to complete capital outlay and resource conservation projects and administrative costs allocable to the bond funded projects. (k) The sum of ferty five Fft}}lien—€moo=e hundred t-heidsand elellars -- Plellars ($45,5A9 GO9+— fifty-four million dollars ($54,000,000) to the department for the following purposes: (1) The sum of thirty eightFaillienelellaaFs (� o nnn nnn thirty-nine million dollars ($39,000,000) for grants, in accordance with Sections 5096.339 and 5096.340, for urban recreational and cultural centers, including, but not limited to, zoos, museums, aquariums, and facilities for wildlife environmental, or natural science aquatic education. (2) The sum of seven H41lieft five ,... -- -- a dell,ars ($7,—S09,900)— fifteen million dollars ($15,000,000) for grants for regional youth soccer facilities operated by nonprofit organizations. Priority shall be given to those grant projects that utilize existing school facilities or recreation facilities and serve disadvantaged youth. (1) Notwithstanding Section 13340 of the Government Code, the sum of Y seven FRillien five hundrC@ tlaattsaT14 dollars ($}47, `n0 v)-- one hundred fift y -seven million five hundred thousand dollars ($157,500,000) is hereby continuously appropriated to the Wildlife Conservation Board, without regard to fiscal years, in accordance with Section 5096.350. (m) The sum of fifty million dollars ($50,000,000) to the California Tahoe Conservancy, in accordance with Section 5096.351. (n) The sum of two hundred million dollars ($200,000,000) to the State Coastal Conservancy, in accordance with Section 5096.352. (o) The sum of forty-five million dollars ($45,000,000) to the Santa Monica Mountains Conservancy, in accordance with Section 5096.353. (p) The sum of i-• ndr a t-he:asand „ ($2,` ) five million dollars ($5,000,000) to the Coachella Valley Mountains Conservancy, in accordance with Section 5096.354. (q) The sum of -seven millionF:__ hundred _h e dellar inn �S �-��-v-r-- fifteen million dollars ($15,000,000) to the San Joaquin River Conservancy, in accordance with Section 5096.355. (r) The sum of twE) faillien five h -.a__d tL______ Page 5 of 1� http://www.leginfo.ca.gov/pub/bill/asm/ab-000 1-0050/ab—18_bill_ 19990621 _amended_asm.htrr7/ 14/99 AB 18 Assembly Bill - AMENDED ($2,SG9,999) twelve million five hundred thousand dollars ($12,500,000) to the California Conservation Corps for grants for the certified local community conservation corps program to complete capital outlay and resource conservation projects. (s) The sum of five million dollars ($5,000,000) to the Department of Conservation in accordance with Section 5096.356. (t) The sum of ten million dollars ($10,000,000) to the Department of Forestry and Fire Protection for urban forestry programs in accordance with Section 4799.12. The grants made pursuant to this subdivision shall be for costs associated with the purchase and planting of trees, and up to three years of care which ensures the long-term viability of those trees. Not more than 5 percent of these funds may be used for related administrative costs. (u) The sum of ten million dollars ($10,000,000) to the Department of Fish and Game for the following purposes: (1) The sum of five million dollars ($5,000,000) for expenditure in accordance with subdivision (a) of Section 5096.357. (2) The sum of five million dollars ($5,000,000) for expenditure in accordance with subdivision (b) of Section 5096.357. Article 3. State Park System Program 5096.320. The Legislature hereby recognizes that public financial resources are inadequate to meet all capital outlay needs of the state park system and that the need for the acquisition, development, restoration, rehabilitation, improvement, and protection of state park system lands and facilities has increased to the point that their continued well-being and the realization of their full public benefit is in jeopardy. 5096.321. (a) Any Member of the Legislature, the commission, or the secretary may nominate any state park system project for funding under this chapter, for study by the department. The commission shall nominate projects only after holding at least one public hearing to seek project proposals from individuals, citizen groups, the department, and other public agencies. The commission shall make those nominations by majority vote of its members. (b) The department shall study any state park system project nominated pursuant to subdivision (a). The department shall annually submit to the Legislature and to the secretary a report, consisting of a prioritized listing and comparative evaluation of those nominated projects, in accordance with the following schedule: (1) Not later than March 1, 2001, for state park system projects nominated prior to January 1, 2001. (2) Not later than November 1, 2001, for state park system projects nominated after January 1, 2001, but prior to June 30, 2001. (3) Not later than November 1, 2002, and not later than each November 1 thereafter, for state park system projects nominated during the 12 months ending June 30, 2002, and each June 30 thereafter. (c) Nominated state park system projects shall be subject to approval by the secretary and approved projects shall be forwarded by the secretary to the Director of Finance for inclusion in the Budget Bill. 5096.322. (a) No later than November 1, 2001, the director shall determine the amount of funding that is necessary to complete all deferred maintenance projects within each unit of the state park system. (b) Except as provided in subdivision (c), no proceeds of the bonds issued and sold pursuant to this chapter may be used to acquire improved property for a unit of the state park system until 75 percent of the amount determined pursuant to subdivision (a) has been appropriated, and allocated to complete deferred maintenance projects within that unit from an appropriated funding source other Page 6 of 19 http://www.leginfo.ca.gov/pub/bill/asm/ab_0001-0050/ab 18_bill_ 19990621_amended_asm.htrr7/ 14/99 AB 18 Assembly Bill - AMENDED than the proceeds of the bonds issued and sold pursuant to this chapter. (c) Real property may be acquired under this chapter for a unit of the state park system that does not meet the requirements of subdivision (b) only if the director finds, with respect to that unit, that a unique opportunity is presented to acquire real property that will constitute a significant improvement of the state park system. (d) As used in this section, "deferred maintenance project" means any project identified in the department's 1999 Deferred Maintenance Assessment that rehabilitates or repairs a facility to a safe and usable condition for the visiting public. Article 4. Grant Program 5096.331. The Legislature hereby recognizes that public financial resources are inadequate to meet all of the funding needs of local public park and recreation providers and that there is an urgent need for safe, open, and accessible local park and recreational facilities and for the increased recreational opportunities that provide positive alternatives to social problems_ Accordingly, it is declared to be the policy of this state that the funds allocated pursuant to subdivisions (f) and (g) of Section 5096.310 to local agencies shall be appropriated primarily for projects that accomplish all of the following: (a) Rehabilitate facilities at existing local parks that will provide for more efficient management and reduced operational costs. (b) Develop facilities that promote positive alternatives for youth and that promote cooperation between local park and recreation service providers and youth -serving nonprofit organizations. (c) Promote family oriented recreation activities. (d) Provide for open, safe, and accessible local park lands and facilities. 5096.332. (a) (1) Sixty percent of the total funds available for grants pursuant to subdivision (f) of Section 5096.310 shall be allocated to cities and to districts other than a regional park district, regional park and open -space district, or regional open -space district. Each city's and district's allocation shall be in the same ratio as the city's or district's population is to the combined total of the state's population that is included in incorporated areas and unincorporated areas within the district, except that each city or district shall be entitled to a minimum allocation of tiwenty theidsand ellars ($20,000) thirty thousand dollars ($30,000) In any instance in which the boundary of a city overlaps the boundary of such a district, the population in the area of overlapping jurisdictions shall be attributed to each jurisdiction in proportion to the extent to which each operates and manages parks and recreational areas and facilities for that population. In any instance in which the boundary of a city overlaps the boundary of such a district, and in the area of overlap the city does not operate and manage parks and recreational areas and facilities, all grant funds shall be allocated to the district. (2) One-half of the total amount of funds allocated pursuant to paragraph (1) shall be used for local parks. (3) Up to two million five hundred thousand dollars ($2,500,000) of the total amount of funds allocated pursuant to paragraph (1) shall be available for grants to local agencies for the renovation of recreational facilities conveyed to local agencies resulting from the downsizing and decommissioning of federal military installations. (4) Seven million dollars ($7,000,000) of the total amount of funds allocated pursuant to paragraph (1) shall be available for Page 7 of 19 http://www.leginfo.ca.gov/pub/bill/asm/ab-0001-0050/ab—I 8—bill—19990621 _amended_asm.htrr7/ 14/99 AB 19 Assembly Bill - AMENDED grants to local agencies to assist them in meeting state and federal accessibility standards relating to public playgrounds if the local agency guarantees that 50 percent of the grant funds received will be used for the improvement or replacement of playground equipment or facilities through the use of recycled materials, and that matching funds in an amount of at least 50 percent of the total amount of those grant funds will be provided through either public or private funds or in-kind contributions. The department may reduce this matching funds requirement to at least 25 percent if it determines that the requirement would impose an extreme financial hardship on the local agency applying for the grant. (b) Each city and each district subject to subdivision (a) whose boundaries overlap shall develop a specific plan for allocating the grant funds in accordance with the formula specified in subdivision (a). If, by April 1, 2001, the plan has not been agreed to by the city and district and submitted to the department, the director shall determine the allocation of the grant funds among the affected jurisdictions. 5096.333. (a) Forty percent of the total funds available for grants pursuant to subdivision (f) of Section 5096.310 shall be allocated to counties and regional park districts, regional park and open -space districts, or regional open -space districts formed pursuant to Article 3 (commencing with Section 5500) of Chapter 3. (b) Each county's allocation under subdivision (a) shall be in the same ratio as the county's population, except that each county shall be entitled to a minimum allocation of dellars r, nn nnn one hundred fifty thousand dollars ($150,000) . (c) In any county that embraces all or part of the territory of a regional park district, regional park and open -space district, or regional open -space district, whose board of directors is not the county board of supervisors, the amount allocated the county shall be apportioned between that district and the county in proportion to the population of the county that is included within the territory of the district and the population of the county that is outside the territory of the district. (d) In any county that currently embraces all or a part of the territory of a regional open -space district and an authority formed pursuant to Division 26 (commencing with Section 35100), the allocation shall be distributed between the county and these entities as follows: (1) First, the funds shall be apportioned between the district and the county in proportion to the population of the county that is included within the territory of the district, and the proportion of the population of the county that is outside the district. The amounts resulting from this calculation shall be known as the district's share, and the county's first balance. The district's share shall be allocated to the district. The county's first balance shall be further apportioned as provided in paragraph (2). (2) The county's first balance, as determined in accordance with paragraph (1), shall be further apportioned between the authority and the county in proportion to the population of the county that is included within the territory of the authority, and the proportion of the population of the county that is outside the authority. The amounts resulting from this calculation shall be known as the authority's share, and the county's second balance. (3) The authority's share shall be divided equally between the county and the authority. The county shall receive all of the county' s second balance. 5096.334. Of the funds allocated on the basis of population, pursuant to subdivision (f) of Section 5096.31G, within counties with a population of five million persons or more, not less than 70 percent of the total amount shall be available as follows: (a) Not less than 20 percent for land acquisition, construction, Page 8 of 19 http://www.leginfo.ca.gov/pub[bill/asm/ab_0001-0050/ab_ 18_bill_19990621 _amended_asm.htrr7/ 14/99 AB 18 Assembly Bill -AMENDED development, and rehabilitation of at -risk youth recreation facilities. As used in this section, "at -risk youth" means persons who have not attained the age of 21 years and are at high risk of being involved in, or are involved in, one or more of the following: gangs, juvenile delinquency, criminal activity, substance abuse, adolescent pregnancy, or school failure or dropout. (b) Not less than 40 percent for projects within the most economically disadvantaged areas, which may include projects along river parkways, conservation corridors, and parkways along corridors of economic significance. Priority shall be given to urban river parkway habitat enhancement projects, wetland restoration, nonstructural erosion control, and watershed pollution prevention projects where joint powers agreements provide for effective management, restoration, and protection of the river corridor in its natural state and its natural and ecological values, including recreation, wildlife, habitat, open space, and water quality _ (c) Not less than 10 percent for urban reforestation projects. 5096.335. Funds authorized pursuant to subdivision (e) of Section 5096.310 shall be administered by the State Office of Historic Preservation and shall be available as grants, on a competitive basis, to cities, counties, districts, local agencies formed for park purposes pursuant to a joint powers agreement between two or more local entities, and nonprofit organizations for the acquisition, development, rehabilitation, restoration, and interpretation of historical resources. The amount of each grant shall not exceed one million dollars ($1,000,000). 5096.336. Funds authorized pursuant to subdivision (f) of Section 5096.310 shall be available for grants to cities, counties, and districts on the basis of their populations, as determined by the department in cooperation with the Department of Finance, on the basis of the most recent verifiable census data and other population data that the department may require to be furnished by the applicant city, county, or district. 5096.337. (a) Funds authorized pursuant to subdivisions (h) and (i) of Section 5096.310 shall be available as grants, on a competitive basis, to cities, counties, districts, local agencies formed for park purposes pursuant to a joint powers agreement as defined in subdivision (b), and other districts, as defined in subdivision (c). (b) For purposes of this section, "local agency" means any local agency formed for park purposes pursuant to a joint powers agreement between two or more local entities. (c) For purposes of this section, "other districts" include any district authorized to provide park, recreational, or open -space services, or a combination of those services, except a school district. 5096.339. Not less than 50 percent of the funds authorized in paragraph (1) of subdivision (k) of Section 5096.310 shall be available as grants administered by the department to cities, counties, and nonprofit organizations for the development, rehabilitation, or restoration of facilities accredited by the American Zoo and Aquarium Association (AZA) and operated by cities, counties, and nonprofit organizations, and to cities, counties, and nonprofit organizations for the development, rehabilitation, or restoration of zoos and aquariums operated by cities, counties, and nonprofit organizations, but not yet accredited by the AZA. This program shall be known, and may be cited, as the Dr. Paul Chaffee Zoological Program. Allocation in awarding grants pursuant to this section shall be in accordance with the following schedule: (a) Individual grants of up to one million dollars ($1,000,000), or an amount to be determined by dividing 95 percent of the total zoo and aquarium funds available pursuant to this section by the number of AZA accredited institutions at the time of enactment of this Page 9 of 19 http://www.leginfo.ca. gov/publblll/asnilab_0001-0050/ab_ 18_bill_ 19990621_amended_asm.htn7/ 14/99 AB 18 Assembly Bill - AMENDED section, shall be made available to zoos and aquariums that are AZA accredited. (b) Not less than 10 percent or two million dollars ($2,000,000), whichever is greater, of the funds available pursuant to subdivision (a) shall be reserved for institutions with annual operating budgets of less than one million dollars ($1,000,000). (c) Not more than 5 percent of the total funds available pursuant to this section, shall be made available as grants to zoos and aquariums that have initiated the AZA accreditation process but are not yet accredited at the time of the enactment of this section. Grants awarded under this subdivision shall be dedicated to projects which will enhance the institution's ability to meet standards of AZA accreditation. (d) Not more than 5 percent of the total funds available Pursuant to this section shall be granted for publicly owned or nonprofit zoos and wildlife centers that may not be accredited, but that care for animals that have been injured or abandoned and that cannot be returned to the wild. To be eligible for this portion of those funds, applicants shall demonstrate that they serve a regional area, foster the environmental relationships of animals within that region, and operate outreach and onsite programs communicating those objectives to the public. (e) At least ten million dollars ($10,000,000) shall be provided to the California Science Center for implementation of the Exposition Master Plan. Three million dollars ($3,000,000) of this amount shall be made available to the California African-American Museum for completion of its education and visitor facility in Exposition Park. 5096.340. (a) Not less than 25 percent of the funds authorized in paragraph (1) of subdivision (k) of Section 5096.310 shall be available as grants on a competitive basis to cities, counties, and nonprofit organizations for the development or rehabilitation of real property consisting of urban recreational and cultural centers, museums, and facilities for wildlife education or environmental education. (b) To be eligible for funding, a project shall initially be nominated by a Member of the Legislature for study by the department. The department shall study each project so nominated and, prior to the April 1 preceding the fiscal year in which funds are proposed to be appropriated, shall submit to the Legislature a prioritized listing and comparative evaluation of all projects nominated prior to the preceding July 1. (c) In establishing priorities of projects, the department shall consider any favorable project characteristics, including, but not limited to, all of the following: (1) The project will interpret one or more important California historical, cultural, economic, or resource themes or an important historical, cultural, economic, technological, or resource theme in a major region of California. Higher priority shall be assigned to projects whose themes are not interpreted in any existing museum or have demonstrable deficiencies in their presentation in an existing museum. (2) The project is proposed to be operated on lands that are already in public ownership or on lands that will be acquired and used for the project in conjunction with adjoining public lands. (3) Projects that are closely related geographically to the resources, activity, structure, place, or collection of objects to be interpreted, and are close to population centers and access routes. (4) Projects that are in, or close to, population centers or are adjacent to, or readily served by, a state highway or other mode of public transportation. (5) Projects for which there are commitments, or the serious likelihood of commitments, of funds or the donation of land or other Page 10 of 19 http://www.leginfo.ca.gov/pub/bill/asra/ab_0001-0050/ab_ 18_bill_ 19990621 _amended_asm.htn7/ 14/99 AB 18 Assembly Bill - AMENDED property suitable for the project. (d) The department shall annually forward a list of the highest priority projects to the Department of Finance for inclusion in the Budget Bill. (e) An application for a grant for a cooperative museum project shall be submitted jointly by the city, county, or other public agency, an institute of higher learning, or a nonprofit organization that cooperatively is operating, or will operate, the project. 5096.341. (a) The director shall prepare and adopt criteria and procedures for evaluating applications for grants allocated pursuant to subdivisions (f), (g), (h), (i), and (k) of Section 5096.310. Individual applications for funds shall be submitted to the department for approval as to their conformity with the requirements of this chapter. The application shall be accompanied by certification from the planning agency of the applicant that the project for which the grant is requested is consistent with the park and recreation element of the applicable city or county general plan or the district park and recreation plan, as the case may be, and will satisfy a high priority need. To utilize available grant funds as effectively as possible, overlapping or adjoining jurisdictions are encouraged to combine projects and submit a joint application. (b) The minimum grant amount that an applicant may request is twenty thousand dollars ($20,000). Any applicant may allocate all or a portion of its per capita share for a regional or state project. (c) The director shall annually forward a statement of the total amount to be appropriated in each fiscal year for projects approved for grants pursuant to subdivisions (f), (g), (h), (i), and (k) of Section 5096.310 to the Director of Finance for inclusion in the Budget Bill. A list of eligible jurisdictions and the amount of grant funds to be allocated to each shall also be made available by the department. (d) (1) Funds appropriated for grants pursuant to subdivisions (f) (g), (h), (i), and (k) of Section 5096.310 shall be encumbered by the recipient within three years from the date that the appropriation became effective. Regardless of the date of encumbrance of the granted funds, the recipient is expected to complete all funded projects within eight years of the effective date of the appropriation. (2) Commencing with the Budget Bill for the 2009-10 fiscal year, subdivisions (f), (g), (h), any grant funds appropriated pursuant to (i), and (k) of Section 5096.310 that have not been expended by the grantee shall revert to the fund and be available for appropriation by the Legislature for one or more of the categories specified in Section 5096.310 that the Legislature determines to be of the highest priority statewide. appropriated pursuant to subdivisions 5096.342. (a) Grant funds (f), (g), (h), (i), and (k) of Section 5096.310 may be expended by the grantee only for projects on lands owned by, or subject to a lease or other interest held by, the grantee. (b) If a grant applicant does not have fee title to the lands, the applicant shall demonstrate to the satisfaction of the department that the proposed project will provide public benefits that are commensurate with the type and duration of the interest in land that is held by the applicant. no grant 5096.343. (a) Except as provided in subdivision (c), funds authorized pursuant to subdivisions (f), (g), (h), (i), and (k) of Section 5096.310 may be disbursed unless the applicant has agreed, in writing, to both of the following: (1) To maintain and operate the property funded pursuant to this chapter for a period that is commensurate with the type of project and the proportion of state funds and local matching funds or property allocated to the capital costs of the project. With the approval of the department, the grantee, or the grantee's successor in interest in the property, may transfer the responsibility to Page 11 of 19 http://www.leginfo.ca.gov/pub/bill/asm/ab-000 I -0050/ab— 18_bill_ 19990621 _amended_asm.htn7/ 14/99 AB 18 Assembly Bill - AMENDED maintain and operate the property in accordance with this section. (2) To use the property only for the purposes for which the grant was made and to make no other use or sale or other disposition of the property, except as authorized by specific act of the Legislature. (b) The agreements specified in subdivision (a) shall not prevent the transfer of the property from the applicant to a public agency, if the successor public agency assumes the obligations imposed by those agreements. (c) If the use of the property is changed to a use that is not permitted by the category from which the grant funds were appropriated, or if the property is sold or otherwise disposed of, an amount equal to (1) the amount of the grant, (2) the fair market value of the real property, or (3) the proceeds from the sale or other disposition, whichever is greater, shall be used by the grantee for a purpose authorized by that category, pursuant to agreement with the department as specified in subdivision (a), or shall be reimbursed to the fund and be available for appropriation by the Legislature only for a purpose authorized by that category. If the property sold or otherwise disposed of is less than the entire interest in the property funded with the grant, an amount equal to either the proceeds from the sale or other disposition of the interest or the fair market value of the interest sold or otherwise disposed of, whichever is greater, shall be used by the grantee for a purpose authorized by the category from which the funds were appropriated, pursuant to agreement with the department as specified in subdivision (a), or shall be reimbursed to the fund and be available for appropriation by the Legislature only for a use authorized by that category. 5096.344. All grants, gifts, devises, or bequests to the state, that are conditioned upon being used for park, conservation, recreational, agricultural, or other such purposes, may be accepted and received on behalf of the state by the appropriate departmental director, with the approval of the Director of Finance, and those grants, gifts, devises, or bequests shall be available, upon appropriation by the Legislature, for expenditure for the purposes specified in Section 5096.310. 5096.345_ Except for funds continuously appropriated by this chapter, all appropriations of funds pursuant to Section 5096.310 for purposes of the program shall be included in a section of the Budget Bill for the 2001-02 fiscal year, and each succeeding fiscal year, for consideration by the Legislature, and shall bear the caption "Urban Parks, Clean Water, and Coastal Protection Program." The section shall contain separate items for each project, each class of project, or each element of the program for which an appropriation is made. Article 5. wildlife Program 5096.350. (a) Funds appropriated pursuant to subdivision (1) of Section 5096.310 shall be available for expenditure by the Wildlife Conservation Board for the acquisition, development, rehabilitation, restoration, enhancement, and protection of real property benefiting fish and wildlife, and for grants and related state administrative costs pursuant to the Wildlife Conservation Law of 1947 (Chapter 4 (commencing with Section 1300) of Division 2 of the Fish and Game Code), for the following purposes: (1) Ten million dollars ($10,000,000) for the acquisition, restoration, or enhancement of wetland habitat, as follows: (A) Five million dollars ($5,000,000) for the acquisition, preservation, restoration, enhancement, and establishment, or any combination thereof, of habitat for waterfowl or other wetlands -associated wildlife, as provided for in the Central Valley Habitat Joint Venture Component of the North American Waterfowl Page 12 of 19 http://www.leginfo.ca.gov/pub/bIlVasiiVab-000 1-0050/ab—18_bill_ 19990621 _amended_asm.htrr7/ 14/99 AB 1S Assembly Bill -AMENDED Management Plan and the Inland Wetlands Conservation Program. Preference shall be given to projects involving the acquisition of perpetual conservation easements; habitat development projects on lands which will be managed primarily as waterfowl habitat in perpetuity; waterfowl habitat development projects on agricultural lands; the reduction of fishery impacts resulting from supply diversions that have a direct benefit to wetlands and waterfowl habitat; or programs to establish permanent buffer areas, including, but not limited to, agricultural lands that are necessary to preserve the acreage and habitat values of existing wetlands. (B) Five million dollars ($5,000,000) for the acquisition, development, restoration, enhancement, and protection of wetlands and adjacent lands, or any combination thereof, located outside the Sacramento -San Joaquin Valley. (2) Ten million dollars ($10,000,000) for the enhancement, development, acquisition from a willing seller, or restoration of riparian habitat and watershed conservation programs. (3) Forty million dollars ($40,000,000) for the restoration, acquisition from a willing seller, or enhancement of habitat for threatened and endangered species and significant natural areas and natural communities. Preference for funding shall be given to plans that have achieved a local match. (4) F i failliena flay. Ten million dollars ($10,000,000) for the acquisition from a willing seller, enhancement, or restoration of forest lands, including, but not limited to, ancient redwoods and oak woodlands. (5) Eighty-two million five hundred thousand dollars ($82,500,000) for wildlife conservation partnerships that provide for the acquisition, restoration, enhancement, or protection of habitat for threatened, endangered, or fully protected species, the preservation of natural communities or unique habitat types, or the preservation or restoration of wildlife corridors. Preference shall be given to projects that provide waterfowl habitat or that promote the recovery of threatened and endangered species or that protect habitat linkages and wildlife corridors to prevent habitat fragmentation. Those projects may include restoration projects authorized pursuant to Public Law 105-372, the Salton Sea Reclamation Act of 1998. The board shall require matching contributions in funding, real property, or other resources from other public agencies, private parties, or nonprofit organizations, at a level designed to obtain the maximum conservation benefits to wildlife and wildlife habitat. The board shall give preference to the use of conservation easements that maintain land in private ownership and productive use, whenever feasible, in order to maximize the wildlife and habitat benefits of expenditures pursuant to this section. (6) Five million dollars ($5,000,000) for environmental restoration projects for the following purposes approved pursuant to the Salton Sea Restoration Project authorized by Public Law 105-372, the Salton Sea Reclamation Act of 1998, and identified in the Final Environmental Impact Statement of the Salton Sea Restoration Project: (A) Reduce and stabilize the overall salinity of the Salton Sea. (B) Stabilize the surface elevation of the Salton Sea. (C) Reclaim, in the long term, healthy fish and wildlife resources and their habitats. (D) Enhance the potential for recreational uses of the Salton Sea. (b) "Enhancement," for purposes of this section, includes the construction or development of facilities to provide public access to lands or water open to the public for wildlife -oriented public use. (c) Notwithstanding subdivision (1) of Section 5096.310, no allocation for acquisition of the real property pursuant to a natural community conservation plan prepared pursuant to Chapter 10 Page 13 of 19 http://www, leginfo.ca, gov/pub/bill/asm/ab_0001-0050/ab_ IS bill 19990621 _amended_asm.htn7/ 14/99 AB 18 Assembly Bill - AMENDF,D (commencing with Section 2800) of Division 3 of the Fish and Game Code shall be made unless the acquisition of the real property is specifically authorized by statute. Article 6. Lake Tahoe Program 5096.351. (a) The Legislature has recognized the need to protect and restore the fragile environment at Lake Tahoe; and the Tahoe Regional Planning Agency has prepared an Environmental Improvement Program that outlines a capital outlay approach to help achieve environmental thresholds in the Lake Tahoe Basin, which allocates funding responsibilities over the first 10 years of the program in the amounts of approximately two hundred seventy-four million dollars ($274,000,000) to the State of California, two hundred ninety-seven million dollars ($297,000,000) to the federal government, eighty-two million dollars ($82,000,000) to the State of Nevada, one hundred one million dollars ($101,000,000) to local governments, and one hundred fifty-three million dollars ($153,000,000) to the private sector. (b) Funds allocated pursuant to subdivision (m) of Section 5096.310 shall be available for expenditure for the development, restoration, acquisition from a willing seller, and enhancement of real property, by the California Tahoe Conservancy within the Lake Tahoe region pursuant to Title 7.42 (commencing with Section 66905) of the Government Code for the following purposes: (1) Protecting the natural environment through preservation of environmentally sensitive lands, soil erosion control, restoration or enhancement of watershed lands, and restoration or enhancement of streams and other natural areas. (2) Providing public access and public recreation opportunities. (3) Enhancing and restoring wildlife areas. (c) The provision of these funds is to meet applicable state responsibilities pursuant to the Tahoe Regional Planning Agency's Environmental Improvement Program. (d) The allocation of these funds has been made in the expectation that the federal government, the State of Nevada, local jurisdictions, and the private sector will fulfill their respective obligations pursuant to the Environmental Improvement Program. The secretary shall report annually to the Legislature on the progress of the development and implementation of the Environmental Improvement Program, and the provision of these funds may be restricted in the event that the parties are found to be making inadequate progress or are not making good faith efforts towards fulfilling their respective obligations. Article 7. Coastal Protection Program 5096.352. Funds allocated pursuant to subdivision (n) of Section 5096.310 shall be available for expenditure by the State Coastal Conservancy pursuant to Division 21 (commencing with Section 31000) for the acquisition from a willing seller, preservation, restoration, and enhancement of real property or an interest in real property in coastal areas and watersheds within its jurisdiction and the development of public use facilities in those areas in accordance with the following schedule: (a) Twenty-five million dollars ($25,000,000) for projects funded pursuant to the San Francisco Bay Area Conservancy Program established pursuant to Chapter 4.5 (commencing with Section 31160) of Division 21. l Y (b) Twenty-five million dollars ($25,000,000) shall be made available to the Santa Monica Bay Restoration Project to fund grants to public entities and nonprofit organizations to implement storm water and urban runoff pollution prevention programs, habitat Page 14 of 19 http://www.leginfo.ca.gov/pub[bill/asmlab_0001-0050/ab_ 18_bill_ 19990621 _amended_asm.htn7/l4/99 AB 18 Assembly Bill -AMENDED restoration, and other priority actions specified in the Sarl-a Monica Restoration Plan. The Santa Monica Bay Watershed Council shall determine project eligibility and establish grant priority. (c) One hundred fifty million dollars ($150,000,000) for projects in coastal areas and watersheds utilizing the following priorities: (1) To the conservancy directly or as grants to governmental entities and nonprofit organizations for purposes of Division 21 (commencing with Section 31000), and for administrative costs in connection therewith, upon appropriation by the Legislature, including, but not limited to, the following and related purposes: (A) Access to public beaches. (B) Acquisition, enhancement, restoration, protection, and development of coastal resources, beaches, and •_aterfrents waterfronts, and completion of the coastal trail (2) Acquisition from a willing seller, development, preservation or restoration of real property, including unique, historic, or scenic lands and other properties needed for public accessways and trails, for completion of the coastal trail, urban waterfront facilities, and economic development, tourism, or agricultural land preservation. Article 8. Mountain Resource Program 5096.353. Funds allocated pursuant to subdivision (o) of Section 5096.310 shall be available to the Santa Monica Mountains Conservancy for capital outlay and grants for the acquisition from a willing seller, enhancement, and restoration of natural lands, improvement of public recreation facilities, and for grants to local agencies and nonprofit organizations to increase access to parks and recreational opportunities for underserved urban communities, in accordance with the following schedule: (a) Twenty-five million dollars ($25,000,000) to acquire, improve, or restore park, wildlife, or natural areas, including areas near or adjacent to units of the state park system wherever such units may be situated within a local jurisdiction within the Santa Monica Mountains Zone or Rim of the Valley Trail Corridor. (b) Twenty million dollars ($20,000,000) for projects to acquire, improve, or restore park, wildlife, or natural areas along the Los Angeles and San Gabriel River corridors and their tributaries, including the Arroyo Seco and Rio Hondo, and the contiguous rights-of-way, access routes, pathways, parkways, greenways, and open spaces adjacent thereto. 5096.354. Funds allocated pursuant to subdivision (p) of Section 5096.310 shall be available to the Coachella Valley Mountains Conservancy for expenditure for the acquisition, development, enhancement, and protection of land, and for administrative costs incurred in connection therewith, in accordance with Division 23.5 (commencing with Section 33500). Article 9. San Joaquin River Program 5096.355. Funds allocated pursuant to subdivision (q) of Section 5096.310 shall be available to the San Joaquin River Conservancy for expenditure of the acquisition, development, enhancement, and protection of land, and for administrative costs incurred in connection therewith, in accordance with Division 22.5 (commencing with Section 32500). Article 10. Agriculture Program 5096.356. Funds allocated pursuant to subdivision (s) of Section 5096.310 shall be available to the Department of Conservation for Pale 15 of 19 http://www.leginfo.ca.gov/pub[bill/asmlab_0001-0050/ab_18 bill_19990621_amended_asm.htn7/14/99 AB 18 Assembly Bill -AMENDED grants, on a competitive basis, to state and local agencies and nonprofit organizations for farmland protection and administration of the Agricultural Land Stewardship Program Act of 1995 (Division 10.2 (commencing with Section 10200)). This purpose shall include, but not be limited to, the placement of improvements and acquisition of agricultural conservation easements and other interests in land pursuant to the Agricultural Land Stewardship Program. Article 11. Fish and Game Program 5096.357. (a) Funds allocated pursuant to paragraph (1) of subdivision (u) of Section 5096.310 shall be available to the Department of Fish and Game for the development, enhancement, restoration, and preservation of land pursuant to Sections 1580 and 10503 of, and subdivision (b) of Section 1525 of, the Fish and Game Code. The provision of these funds shall be in accordance with an expenditure plan developed by the Department of Fish and Game and approved by the Department of Finance. (b) Funds allocated pursuant to paragraph (2) of subdivision (u) of Section 5096.31C shall be deposited in the State Duck Stamp Account of the Fish and Game Preservation Fund and shall be available for expenditure by the Department of Fish and Game for the exclusive purpose of acquiring habitat preservation and enhancement agreements on private wetlands pursuant to the California Waterfowl Habitat Program --Phase II and administrative costs incurred in connection therewith. Article 12. California Indian Tribe Participation 5096.358. To the extent funds authorized pursuant to this chapter are available for grants to local government entities, federally recognized California Indian tribes may apply for those grants, the tribe's application shall be considered on its merits, and the tribes shall expend any funds received for the purpose authorized by this chapter for which the funds are made available. Article 13. Fiscal Provisions 5096.360. Bonds in the total amount of one billion five hundred thirty-eight million five hundred thousand dollars ($1,538,500,000) not including the amount of any refunding bonds issued in accordance with Section 5096.370, or so much thereof as is necessary, may be issued and sold to provide a fund to be used for carrying out the purposes set forth in Section 5096.310 and to be used to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. The bonds, when sold, shall be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of the principal of, and interest on, the bonds as the principal and interest become due and payable. 5096.361. The bonds authorized by this chapter shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), and all of the provisions of that law apply to the bonds and to this chapter and are hereby incorporated in this chapter as though set forth in full in this chapter. 5096.362. (a) Solely for the purpose of authorizing the issuance and sale, pursuant to the State General Obligation Bond Law, of the bonds authorized by this ehzpterh� WatQrshed Wildlife—,""a i arks �iilj33�6irPfFleii �YF1FfT"1T-1 t' chapter, the Villaraigosa-Keeley Urban Parks, Clean Water, and Coastal Protection Finance Committee is hereby created. For Page 16 of 19 http://www.leginfo.ca.gov/pub/bill/asm/ab_0001-0050/ab_ 18_bill_ 19990621 _amended_asm.htrr7/ 14/99 AB 18 Assembly Bill - AMENDED purposes of this chapter, the Villaraigosa-Keeley Urban Parks, Clean Water, and Coastal Protection Finance Committee is "the committee" as that term is used in the State General Obligation Bond Law. The committee consists of the Governor, the Controller, the Director of Finance, the Treasurer, and the secretary, or their designated representatives. The Treasurer shall serve as chairperson of the committee. A majority of the committee may act for the committee. (b) For purposes of the State General Obligation Bond Law, the secretary is designated the "board." 5096.363. The committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this chapter to carry out Section 5096.310 and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to carry out those actions progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time. 5096.364. There shall be collected each year and in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an amount required to pay the principal of, and interest on, the bonds maturing each year. It is the duty of all officers charged by law with any duty in regard to the collection of the revenue to do and perform each and every act which is necessary to collect that additional sum. 5096.365. Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this chapter, an amount that will equal the total of the following: (a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this chapter, as the principal and interest become due and payable. (b) The sum necessary to carry out Section 5096.366, appropriated without regard to fiscal years. 5096.366. For purposes of carrying out this chapter, the Director of Finance may authorize the withdrawal from the General Fund of an amount or amounts not to exceed the amount of the unsold bonds that have been authorized to be sold for the purpose of carrying out this chapter. Any amount withdrawn shall be deposited in the fund. Any money made available under this section shall be returned to the General Fund from proceeds received from the sale of bonds for the purpose of carrying out this chapter. 5096.367. Pursuant to Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code, the cost of bond issuance shall be paid out of the bond proceeds. These costs shall be shared proportionally by each program funded through this bond act. 5096.367.5. Actual costs incurred in connection with administering programs authorized under the categories specified in Section 5096.310 shall be paid from the funds authorized by this act. 5096.368. The secretary may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account, in accordance with Section 16312 of the Government Code, for purposes of carrying out this chapter. The amount of the request shall not exceed the amount of the unsold bonds that the committee, by resolution, has authorized to be sold for the purpose of carrying out this chapter_ The secretary shall execute any documents required by the Pooled Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the fund to be allocated by the board in accordance with this chapter. 5096.369. All money deposited in the fund that is derived from premium and accrued interest on bonds sold shall be reserved in the fund and shall be available for transfer to the General Fund as a credit to expenditures for bond ihterest. Page 17 of 19 http://www.leginfo.ca.gov/pub/bill/asnVab_0001-0050/ab__ 18_bill_ 19990621 _amended_asm.htrr7/14/99 AB 18 Assembly Bill - AMENDED 5096.370. The bonds may be refunded in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of the Government Code, which is a part of the State General Obligation Bond Law. Approval by the voters of the state of the issuance of the bonds described in this chapter includes the approval of the issuance of any bonds to refund any bonds originally issued under this chapter or any previously issued refunding bonds. 5096.371. Notwithstanding any provision of this chapter or the State General Obligation Bond Law, if the Treasurer sells bonds pursuant to this chapter that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes, subject to designated conditions, the Treasurer may maintain separate accounts for the investment .�f bond proceeds and the investment earnings on those proceeds. The Treasurer may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law or to take any other action with respect to the investment and use of bond proceeds required or desirable under federal law to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state. 5096.372. The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this chapter are not "proceeds of taxes" as that term is used in Article XIIIB of the California Constitution, the disbursement of these proceeds is not subject to the limitations imposed by that article. SEC. 2. Section 1 of this act shall take effect upon adeptian by t, f the Wt„tr Wildlife, a n t adoption by the voters of the Villaraigosa-Keeley Urban Parks, Clean Water, and Coastal Protection Bond Act of 2000, as set forth in Section 1 of this act. SEC. 3. (a) Notwithstanding the requirements of any other provision of law, the Secretary of State shall submit Section 1 of this act to the voters at the November 7, 2000, statewide general election. (b) Notwithstanding Section 13115 of the Elections Code, if Section 1 of this act is placed on the ballot by the Legislature for the November 7, 2000, statewide general election after the 131 -day deadline set forth in Section 9040 of the Elections Code, it shall be placed on the ballot following all other ballot measures in the order in which it qualified as determined by chapter number. (c) The Secretary of State shall include, in the ballot pamphlets mailed pursuant to Section 9094 of the Elections Code, the information specified in Section 9084 of the Elections Code regarding the bond act contained in Section 1 of this act. If that inclusion is not possible, the Secretary of State shall publish a supplemental ballot pamphlet regarding this act to be mailed with the ballot pamphlet. If the supplemental ballot pamphlet cannot be mailed with the ballot pamphlet, the supplemental ballot pamphlet shall be mailed separately. SEC. 4. (a) Notwithstanding any other provision of law, with respect to the Villaraigosa-Keeley Urban Parks, Clean Water, and Coastal Protection Bond Act of 2000, all ballots of the election shall have printed thereon and in a square thereof, exclusively the words: "Villaraigosa-Keeley Urban Parks, Clean Water, and Coastal Protection Bond Act of 2000" and in the same square under those words, the following in 8 -point type: "This act provides one billion five hundred fflillien a ' l ( $ 5�G, 000i thirty-eight million five hundred thousand dollars ($1,538,500,000) to protect watersheds, preserve wildlife areas, repair damaged park facilities, preserve beaches and coastal areas, protect old-growth redwood forests, preserve farmlands threatened by urban sprawl, and employ qualified at -risk youth to improve and repair state and local parks. (At this point, the Page 18 of 19 http://www.leginfo.ca.gov/pub/bill/asm/ab-000 I -0050/ab— 18_bill19990621_amended_asm.htn7/ 14/99 AB 18 Assembly Bill - AMENDED Attorney General shall include the financial impact summary prepared pursuant to Section 9087 of the Elections Code and Section 88003 of the Government Code)_" Opposite the square, there shall be left spaces in which the voters may place a cross in the manner required by law to indicate whether they vote for or against the act_ (b) Notwithstanding Sections 13247 and 13281 of the Elections Code, the language in subdivision (a) shall be the only language included in the ballot label for the condensed statement of the ballot title, and the Attorney General shall not supplement, subtract from, or revise that language, except that the Attorney General may include the financial impact summary prepared pursuant to Section 9087 of the Elections Code and Section 88003 of the Government Code. The ballot label is the condensed statement of the ballot title and the financial impact summary. (c) Notwithstanding Section 13282 of the Elections Code, the public shall be permitted to examine the condensed statement of the ballot title in subdivision (a) for not more than eight days, and the financial impact statement from the time it is received by the Secretary of State until the end of the eight days. Any voter may seek a writ of mandate for the purpose of requiring any statement of the ballot label, or portion thereof, to be amended or deleted only within that eight-day period. (d) Where the voting in the election is done by means of voting machines used pursuant to law in a manner that carries out the intent of this section, the use of the voting machines and the expression of the voter's choice by means thereof are in compliance with this section. SEC. 5. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order that the villaraigosa-Keeley Urban Parks, Clean Water, and Coastal Protection Bond Act of 2000, set forth in Section 1 of this act, may be submitted for voter approval at the earliest possible time, it is necessary that this act take effect immediately. Page 19 of 1 http://www.leginfo.ca.gov/pub/bill/asm/ab_0001-0050/ab_18_bill_ 19990621_amended_asm.hW7114/99 AB 18 Assembly Bill - Bill Analysis Pahe 1 of 4 AB 18 Page 1 (Without Reference to File) _ ASSEMBLY THIRD READING AB 18 (Villaraigosa) As Amended June 21, 1999 2/3 vote. Urgency NATURAL RESOURCES 7-4 WATER, PARKS AND WILDLIFE 11-1 ----------------------------------------------------------------- Ayes:IWayne, Alquist, Jackson, IAyes:IMachado, Dickerson, I (Keeley, Lowenthal, I IAanestad, Calderon, I (Machado, Migden I IFlorez, Frusetta, Kuehl, I I IMargett, I I IStrom-Martin, Thomson, I I Wayne -----+--------------------------+-----+------------------- Nays:IAanestad, Dickerson, INays:IBrewer, Ashburn, 101ler, Robert Pacheco iPescetti, Runner ----------------------------------------------------------------I APPROPRIATIONS 16-4 ------------------------------ jAyes:IMigden, Battin, Cedillo, Davis, Hertzberg, Kuehl, Maldonado, Papan, Romero, Shelley, Steinberg, I Thomson, Wesson, Wiggins, I I Wright, Aroner I I -----+--------------------------+-----+--------------------------- Nays:IBrewer, Ashburn, I I IPescetti, Runner I ----------------------------------------------------------------- SUMMARY Authorizes, upon passage by the voters in the November 2000 election, the sale of $1,538,500,000 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 nR 1 R http://www.leginfo.ca.gov/publbilllasmlab_0001-0050/ab_ 18_cfa_ 19990621 _ 164938_asm_flooi7/l5/99 AB 18 Assembly Bill - Bill Analy�w Page 2 Coastal Protection Bond Act of 2000, which would place a measure on the November 2000 ballot authorizing the sale of $1,538,500,000 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, including renovation of converted military facilities for recreational use and assistance to local agencies in meeting accessibility standards for playgrounds. 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 (CCC) for capital outlay and resource conservation projects and administrative costs allocable to projects funded by this bill. k) $39 million to the Department for grants for urban recreational and cultural centers, including but not limited to zoos and aquariums, for wildlife, environmental or natural science aquatic education. AB 18 Page 3 1) $15 million to the Department for regional youth soccer facilities. M) $157.5 million in a continuous appropriation to the Wildlife Conservation Board for a variety of projects, including Pale 2 of 4 http://www.leginfo.ca.gov/pub/blll/asmlab_000t-0050/ab 18 cfa_19990621_164938_asm_flooi7/15/99 AB 18 Assembly Bill - Bill Analysis restoration of the Salton Sea. n) $50 million to the California Tahoe Conservancy. o) $200 million to the California Coastal Conservancy, with $25 million earmarked for San Francisco Bay and $25 million for Santa Monica Bay. 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) $5 million to the Coachella Valley Mountains Conservancy. r) $15 million to the San Joaquin River Conservancy. S) $12.5 million to CCC 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. 3)Requires the Director of the Department to determine the amount of funding necessary to complete all deferred maintenance projects in each unit of the state park system, and prohibits the use of bond funds for acquisition until 75% of the amount determined to be AB 18 Page 4 needed for deferred maintenance is appropriated from funds other than bond funds, unless the Director finds that an acquisition presents a unique opportunity to significantly improve the state park system. FISCAL EFFECT According to the Assembly Appropriations Committee analysis, a total principal and interest cost of $2.48 billion, if $1.5 billion worth of general obligation bonds are issued and sold as 25 year bonds at an interest rate of 5%. The total principal and interest cost for a $1,538,500,000 park bond is unknown_ Analysis Prepared by Sally Magnani Knox / NAT. RES. / (916) 319-2092 Page 3 of 4 http://www.leginfo.ca. gov/publbill/asmlab_0001-0050/ab_ 18_cfa_ 19990621 _ 164938_asm_flooi7/ 15/99 AB 18 Assembly Bill -Bill Analysis 0001797 Page 4 of 4 http://www.leginfo.ca.gov/pubibilf/asni/ab-0001-0050/ab-18—cfa_ 19990621 _164938_asm_flooi7/15/99 AB 1383 Assembly Bill - AMENDED BILL NUMBER: AB 1383 AMENDED BILL TEXT AMENDED IN ASSEMBLY MAY 28, 1999 AMENDED IN ASSEMBLY MAY 3, 1999 INTRODUCED BY Assembly Member Thompson (Coauthors: Assembly Members Maldonado, Robert Pacheco, and Strom -Martin) (Coauthors: Senators Chesbro and O'Connell) FEBRUARY 26, 1999 An act to amend Section 164.56 of the Streets and Highways Code, relating to highways, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 1383, as amended, Thompson. Highways: Environmental Enhancement and Mitigation Projects: extension. Existing law declares the Legislature's intent , commencing July 1, 1991, to allocate $10,000,000 annually for 10 years to the Environmental Enhancement and Mitigation Demonstration Program Fund to be used for making grants to local, state, and federal agencies and nonprofit entities that undertake projects to mitigate the adverse environmental effects of existing and future transportation facilities. This bill would delete the 10 -year limitation of the existing law and instead would specify that it is the intent of the Legislature to allocate $10,000,000 annually to the fund which would be renamed the Environmental Enhancement and Mitigation Program Fund. The bill also would make related changes. This bill would also require the Department of Transportation to extend the completion date to June 30, 2002, for specified Environmental Enhancement and Mitigation Projects. The bill would declare that it is to take effect immediately as an urgency statute. Vote: 2/3. Appropriation: no. Fiscal committee: yes. State -mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Department of Transportation shall extend the completion date to June 30, 2002, for the Environmental Enhancement and Mitigation (EEM) Projects for all of the following entities: (a) Fallbrook Land Conservancy (Project No. 96-135; Agreement No. 11-96-54). (b) City of Diamond Bar (Project No. 96-39; Agreement No. 07-96-37). (c) Redwood Action Agency (Agreement No. 1-96-22). (d) Cambria Community Services District (Project No_ 96-28). (e) County of San Luis Obispo, General Services Department/Parks Department (Project No. 96-92). SEC. 2. Section 164.56 of the Streets and Highways Code is amended to read: 164.56. (a) It is the intent of the Legislature — ee nenei�rg—ittly 1, 4:991— to allocate ten million dollars Page 1 of 2 http://www.leginfo.ca.gov/pubibill/asm/ab_ 1351-1400/ab_ 1383_bill_ 19990528_amended_asm.f7/ 14/99 AB 1383 Assembly Bill - AMENDED ($10,000,000) annually mer19 year_ to the Environmental Enhancement and Mitigation Beinenstratien Program Fund, which is hereby created. (b) Local, state, and federal agencies and nonprofit entities may apply for and receive grants, not to exceed five million dollars ($5,000,000) for any single grant, to undertake environmental enhancement and mitigation projects that are directly or indirectly related to the environmental impact of modifying existing transportation facilities or for the design, construction, or expansion of new transportation facilities. (c) Projects eligible for funding include, but are not limited to, all of the following: (1) Highway landscaping and urban forestry projects designed to offset vehicular emissions of carbon dioxide. (2) Acquisition or enhancement of resource lands to mitigate the loss of, or the detriment to, resource lands lying within the right-of-way acquired for proposed transportation improvements. (3) The p�evisiaft of roadside Roadside recreational opportunities, including roadside rests, trails, trailheads, and parks. (4) Projects to mitigate the impact of proposed transportation facilities or to enhance the environment, where the ability to effectuate the mitigation or enhancement measures is beyond the scope of the lead agency responsible for assessing the environmental impact of the proposed transportation improvement. (d) Grant proposals shall be submitted to the Resources Agency for evaluation in accordance with procedures and criteria prescribed by the Resources Agency. The Resources Agency shall evaluate proposals submitted to it and prepare a list of proposals recommended for funding. The list may be revised at any time didi- g the 10 Year dei:Renstr tperiedPrior to including a proposal on the list, the Resources Agency shall make a finding that the proposal is eligible for funding pursuant to subdivision (f). (e) Within the fiscal limitations of subdivisions (a) and (b), the commission shall annually award grants to fund proposals that are included on the list prepared by the Resources Agency pursuant to subdivision (d). (f) Projects funded pursuant to this section shall be projects that contribute to mitigation of the environmental effects of transportation facilities, as provided for by Section 1 of Article XIX of the California Constitution. SEE. 2. SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to provide, at the earliest possible time, extensions for certain Environmental Enhancement and Mitigation Projects, and extend indefinitely the expiration date of the Environmental Enhancement and Mitigation Program Fund, it is necessary that this act take effect immediately. Page 2 of 2 http://www.leginfo.ca.gov/pub/bill/asmlab_ 1351-1400/ab_ 1383_bill_ 19990528_amended_asm.f.7/ 14/99 AB 1383 Assembly Bill - Bill Analysis Page 1 of 2 AB 1383 SENATE COMMITTEE ON ENVIRONMENTAL QUALITY Byron D. Sher, Chairman 1999-2000 Regular Session BILL NO: AB 1383 AUTHOR: Thompson AMENDED: May 28, 1999 FISCAL: Yes HEARING DATE: July 12, 1999 URGENCY: Yes CONSULTANT: Kip Lipper SUBJECT TRANSPORTATION ENVIRONMENTAL ENHANCEMENT AND MITIGATION FUNDING CTTMMARV Existing law establishes the Environmental Enhancement and Mitigation Demonstration Program Fund (EEMDA) in the State Highway Account, states legislative intent to allocate $10 million for 10 years beginning in 1991, and establishes procedures under which the Resources Agency evaluates proposals for funding and makes recommendations for funding out of the fund. This bill eliminates provisions stating legislative intent that the fund exist only for ten years, thereby making the fund permanent. COMMENTS . 1) Purpose of Bill According to the sponsor of this bill, the Trust For Public Land, the EEMDP provides $10 million annually for grants to public agencies and nonprofit organizations for urban forestry projects, resource land acquisition and roadside recreational improvements. Projects must mitigate the impacts of local or state transportation projects. The EEMDP was enacted when the voters approved Proposition 111 in 1990 which also increased fuel taxes and commercial truck weight fees to pay for the EEMDP and many other transportation programs. Since that time, the EEMDP has provided 334 grants to California state, county and city agencies, districts and non-profit organizations for a AB 1383 Page 2 http://www.leginfo.ca.gov/pub/bill/asm/ab-1351-1400/ab—I 383cfa_ 19990711_ 181008_sen_coi7/15/9911 AB 1383 Assembly Bill Bill Analysis total of $65,000,000 for environmental enhancements. The voters authorized the EEMDP as a part of a larger "Transportation Blueprint for the 21st Century" program which included a 100% increase in the state fuel tax and commercial truck weight fees. The Blueprint program was intended to last for 10 years, and be reviewed and revised as necessary as the decade of the 1990s ends. Strong support for the EEMDP resulted in the preservation of the program through the year 2000 as part of the transportation reform legislation enacted by the Legislature in 1997. However, the EEMDP will sunset in the year 2000 unless reauthorized by SB 117. This bill will eliminate the "sunset" of the EEMDP, continuing the program on into the next century. 2) Should the Governor and Legislature Be Kept Posted of Expenditures of the Fund—? As presently drafted, the provisions of law which establish the EEMDP do not provide for periodic reporting to the Governor and Legislature of such matters as projects funded, fund status condition, and criteria used to recommend funding for projects. The committee may wish to consider whether or not to amend the bill to provide for reporting on these issues. SOURCE Fallbrock Land Conservancy, City of Diamond Bar, Redwood Action Agency, and Cambria Community Services District _ SUPPORT California Association of Nonprofits San Luis Obispo Council of Governments OPPOSITION . None on file Pale 2 of 2 http://www.leginfo.ca.gov/pub[bill/asrr/ab_1351-1400/ab_1383_cfa_19990711_181008_sen_coj7/15/9911 H CITY OF DIAMOND BAR REDEVELOPMENT AGENCY OFT E REGULAR MEETING OF THE BOARD OF DIRECTORS 1A JULY 6, 1999vl� CALL TO ORDER: Chairman Ansari called the meeting to order at 10:15 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; Craig Steele, 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 and Marketing Director, and Lynda Burgess, Agency Secretary. 2. PUBLIC COMMENTS: None 3. CONSENT CALENDAR: AM/Herrera moved, AM/Chang seconded, to approve the Consent Calendar as submitted. Motion carried by the following Roll Call vote: AYES: AGENCY MEMBERS - Chang, Herrera, O'Connor, VC/Huff, Chair/Ansari NOES: AGENCY MEMBERS - None ABSENT: AGENCY MEMBERS - None 3.1 APPROVED MINUTES - Regular Meeting of June 15, 1999 - As submitted. 3.2 APPROVED VOUCHER REGISTER - dated July 6, 1999 in the amount of $4,951.94. 3.3 REVIEWED AND APPROVED TREASURER'S STATEMENT - for May, 1999. 3.4 ADOPTED RES LUTION NO. 9 REDEVELOPMENT AG NCY APPROVING ADVANCE A RESOLUTION OF THE DIAMOND BAR AND REIMBURSEMENT AGREEMENT NUMBER 14, WITH THE CITY OF DIAMOND BAR - in the amount of $15,500. 3.5 APPROVED PROFESSIONAL DESIGN SERVICES CONTRACT AMENDMENT WITH INCA ENGINEERS, INC. FOR THE GOLDEN SPRINGS DRIVE/LEMON AVENUE STREET REHABILITATION PROJECT - and authorized the Chairman to execute a contract amendment with INCA Engineers, Inc. for the Golden Springs Dr./Lemon Ave. Street Rehabilitation Project in an amount not to exceed $15,500. 4. PUBLIC HEARINGS: None JULY 6, 1999 PAGE 2 5. OLD BUSINESS: None 6. NEW BUSINESS: None REDEVELOPMENT AGENCY 7. AGENCY MEMBER COMMENTS: Chair/Ansari stated that it is good to see commercial buildings being constructed in Diamond Bar and the fact that there will be 2000 new jobs available by the end of the year. She thanked staff for their vision and assistance. AGENCY ADJOURNMENT: There being no further business to conduct, Chair/Ansari adjourned the meeting at 10:19 P.M. ATTEST: Chairman LYNDA BURGESS Agency Secretary CITY COUNCIL REPORT AGENDA NO. qF% d MEETING DATE: July 20, 1999 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Resolution to require public hearings and public notice (published, posted and mailed) for all CEQA environmental impact declarations and determination reports. ISSUE STATEMENT: Shall all projects and programs subject to the requirements of CEQA be required to conduct public hearings and give public notice (published, posted and mailed) for all environmental impact declaration and determination reports? RECOMMENDATION: It is recommended that the City Council of the City of Diamond Bar approve Resolution No. XX -99 "A Resolution Of The City Council Of The City Of Diamond Bar Proposing The Change In State Of California Statutes And Codes To Require That All California Environmental Quality Act Required Environmental Documents and Reports, Which Make Determinations and Declarations, Shall Be Required To Have A Public Hearing, With Notice Published, Posted And Mailed". It is further recommended that the City Council transmit Resolution No. Xx-99 to League of California Cities, for consideration of the delegates at the Annual Conference, in San Jose, California, in October, 1999. FINANCIAL STATEMENT: No financial impact. BACKGROUND: Currently, State law and administrative regulations only require notice of public hearing to be accomplished one of three ways: 1. Publication at least one time by the lead agency in a newspaper of general circulation in the area affected by the proposed project. 2. Posting of notice by the lead agency on and off site in the area where the project is to be located. contiguous to 3. Direct mailing to the owners or occupants of property g the project site. Nevertheless, in general, cities require any project that must have CEQA declarations and/or determinations made be subject to a public hearing, with notice of the public hearing published, posted and mailed (to property owners or occupants within a specified number feet from the project site). However, as has been recently experienced in the Diamoonwell Diamond Walnut, e Pomona and unincorporated Los Angeles County the Norwalk area, the State of California, upon determining that a project requires only a negative declaration or mitigated negative declaration, is not required to conduct a public hearing. The State, as evidenced by the Lanterman Developmental Center forensic expansion project m di um the Metropolitan Hospital forensic expansion project, gives only notice (published), as regards contiguous property owners or occupants. Furthermore, the State conducted no community meetings whereat residents of the area(s) being directly impacted by the proposed ronect, could the poolecbe fully informed and have an opportunity to provide t. The only way to insure the opportunity to be fully informed of and give input is to require all projects, subject to the requirements of CEQA, to conduct public hearings on all environmental declarations or determinations. And, the notice for such public hearings be given by publication, posting and mailing. The public hearing(s) must conducted in a place located in area of the proposed project. The mailing shall be to all contiguous property owners or occupants and interested public is assure that the agencies. The intent of these proposed changes affected by the p oject hefully o residents of the areainformed and have the opportunity to provide input. PREPARED BY: Terrence L. Belanger RESOLUTION NO. 99 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR PROPOSING THE CHANGE IN STATE OF CALIFORNIA STATUTES AND CODES TO REQUIRE THAT ALL CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUIRED ENVIRONMENT DOCUMENTS AND REPORTS, WHICH MAKE DETERMINATIONS OR DECLARATIONS, SHALL BE REQUIRED TO HAVE A PUBLIC HEARING, WITH NOTICE PUBLISHED, POSTED AND MAILED Whereas, current State statutes and administrative regulations do not require a lead agency, e.g., the State of California, to conduct public hearings for projects that the lead agency has determined to require only a negative declaration or a mitigated negative declaration, pursuant to the California Environmental Quality Act (CEQA); and Whereas, current State statutes and administrative regulations only require one method of giving public notice (publication, posting or mailing), related to the circulation of CEQA documents making declarations and/or determinations to property owners or occupants of property impacted by the proposed project; and Whereas, when a lead agency determines a project only requires a negative declaration or mitigated negative declaration and because there is no requirement to conduct a public hearing or give extensive actual notice, persons who object to the selected environmental process are left with litigation as the only reasonable way to express objections to the environmental process or the projects impacts; and Whereas, in order to assure complete disclosure and analysis of the environmental impacts of projects promulgated by extraterritorial public agencies (State, school, county, special district or city), which impact the residents of areas both inside and outside of the jurisdictional boundaries of the lead agency of the proposed project; and Whereas, the recent forensic patient expansion projects at Metropolitan Hospital and Lanterman Developmental Center are unfortunate examples of a lead agency (the State of California) utilizing the absolute minimum in the way of public notice of the existence of the projects and related environmental processes, as well as, the opportunity for residents impacted by the projects to express their concerns and objections to the projects; and Whereas, requiring public hearings and comprehensive public notice (publishing, posting and mailing) for all projects requiring any CEQA declaration or determination will assure the full and complete participation of those persons impacted by such projects. NOW THEREFORE, the City Council of the City of Diamond Bar does hereby resolve and propose the change in State of California statutes and codes to require that all California Environmental Quality Act required environmental documents and reports, which make determinations or declarations, shall be required to have public hearings, with notice published, posted and mailed. BE IT HEREBY FURTHER RESOLVED that the City Council of the City of Diamond Bar directs that this resolution be transmitted to the League of California Cities for consideration at the Annual Conference, at San Jose, California, in October, 1999. PASSED, APPROVED AND ADOPTED this day of , 1999. Mayor I, LYNDA BURGESS, City Clerk of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 1999, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Lynda Burgess City Clerk DIAMOND BAR REDEVELOPMENT AGENCY INTEROFFICE MEMORANDUM TO: Chairman Ansari and Board of Directors FROM: Linda G. Magnuson", Finance Director SUBJECT: Voucher Register, July 20, 1999 DATE: July 14, 1999 Attached is the Voucher Register dated July 20,1999 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. The �ttached listi'`� of `o`.r�er* �~L�� "x�/ 2�, zY99 �ave �een reviewe� ap�ro°ed�nc �nen�e� for �a��en�. 7ayxu�nt� are hereby a�lowed fron t�� FoL�o��� fu.�gs �" tn��e amo�nts FU�D DESCRlPTIi/A - �10 REDEvEiOpMENT �6�,��� Fb,�� .^`'! 5,654'�� 5,654.52 -----� R �a�nu�nn C�a r�an Finance Oirecto'` .... . ..... ..... .. . ..... ........ .. Executive Directnr c/ Vice �ha,rma�� REPOPT TOTAL PREPAIDS .(n) sTOTALVOUCHERS rr'C'F.; . 5-6.54,52 RERrRT TOTAL C 654 DIAMOND BAR REDEVELOPMENT AGENCY RUN DATE: 01/14/1999 16:57:18 VOUCHER REGISTER PAGE: 1 CUE THRU: 0,7/2i'.,'1`"'9 FUND/SECT-ACCT-PROJECT-ACCT PO 0 INVOICE DEcKRIFTION PREPAID AMOUNT LATE CHECK CHAL ED E11:.10-42:1° li-lz_ MEMBS,Ir DUES -9'? -0[a 625.0':' TOTAL PREPAIDS 00 TOTAL VOUCHER: 625.00 TOTA; L; c " c"JDOR TOTAl U._ x _..00 CALIFORNIA ^EI!E'VELOPMENT ASSOC 61071 !:+-42"33 a-- 6107110-42530-- CRA CONT-BELANGER 8/15,16345.00 CRA CONF-MAGNUSON ,00 TnTAL PREPAIDS ,At) TOTAL VOUCHERS 7i`.(Ml TOTAL DUE VENDOR 715.0ia INCA ENGINEERS, INC, 6107112x-46411-80598-46411 22805/22"+.14 PROF.SVCS-LEMON AVENUE 21.90 612x7110-46411-80498-46411 2280.5122804 PROF.SVCS-GLDN SPRNGS DR 4,201.50 TOTAL PREPAIDS .00 TOTAL VOUCHERS 4,223.40 TOTAL DUE VENDOR 4,221.40 LINDA MAGNUSON 6107110-42340-- REIMB-CRR MNY DBT&TX CONF 91,12 TOTAL PREPAIDS .00 TOTAL VOUCHERS 91.12 TOTAL DUE VENDOR 91.12 REPOPT TOTAL PREPAIDS .(n) sTOTALVOUCHERS rr'C'F.; . 5-6.54,52 RERrRT TOTAL C 654