HomeMy WebLinkAbout7/6/1999Tuesday, July 6, 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 COMMISSION AND COMMITTEE MEETINGS)
PUBLIC INPUT
The meetings ofthe Diamomd Bar City Council we open to the public. A member of the public may address the Council on the subject of one or moc ,
agenda iter= and/or other items of storm which arc within the subject matter jurisdiction oftbe Diamond Bar City Council. A reque a to address tlic
Council should be subwAod in person to the City Clerk
Asa general rule the oppartumity for public cow mats will take place at the diaaation of the Chair. However. in order to facilitate the
persons who aro irmerraled parties for an item may be requested to give their meeting,
limit the blic ' � Pian at the time the item is called an the calendar. The Chair may
pu input on any item of the total amount of time allocated for public testimony based on the number of people requesting to speak and the
business ofthe Council.
Individuals are requested to retain from personal ,Hacks towards Council Members or other eitumc. Comments which we not conducive to a
Poeuve business meoung eoviranmat we viewed as attacks ap mt the entire City Council and will not be tolerated Your cooperation is greatly
appreciated
In accordance with Government Code Section 54954.3(a) the Chair may Sam time to time dispense with public com m m an items previously
considered by the Council. (Does not apply to Cantmittse meehmgs.)
In accordance with State Lw (Brown Act), all [nates to be acted on by the City Council nail be posted at least 72 hours prior to the Council
meeting. In case of a merge ncy, or when a subject matter arises subsequa m to the pasting of the age upon making ootain fudngs the Council may
act on an item that is not an the posted agenda
CONDUCT IN THE CITY COUNCIL CHAMBERS
Tbc Chair shall order
Diamond Bar ll Conon nvd Sort the Council Chambers any person who commits the following acts in reap" to a regular or special meeting ofthe
A• DisofdMiy behavior toward the Council or any number ofthe staff dmeo& unding to tsemtpt the due and orderly
course of said meeting
B. A breach ofthe peas, boisterous conduct or violent disturbance, tending to interrupt the due and orderly course of
said meeting
C. Disobedience of any lawful order ofthe Chair, which shall include an order to be seated or to refrain Som addressing the
Board, and
D. Any other unlawful iunerfuenec with the due and orderly conduct of said mating
FORMATION RELATING TO AGENDAS AND ACITONS OF THE COUNCIL
Agendas for the regular Diamond Bar City Council meetings are prepared by the City Clerk and an available 72 hours prior to the meding.
Agendas are available electronically and may be accessed by a Personal througha
Every mating of the City Council is recorded m caesette ate modem.
tapes and &*ho to tapes an available for a nominal charge.
ADA REQUIREMENTS
A cordless microphone a available for those persons with mobility
services an also available who cannot access the public speaking area. Sign language interpreter
by ridgy. notice at least throe business days in advance ofthe meeting.
Please telephone (909) 860-2489 between 8 a mr.
and S p.m. Monday through Friday.
HELPFUL PHONE NUMBERS
Copies of Agenda, Rules oftbe Council, Carate Tapes of Meetings (909) 860.2489
Compute Accor to Agendas (909) 860 -LINE
General Infarma6an (909) 960-2489
NOTE: ACTION MAY BE TARN ON ANY ITEM IDENTIFIED ON THE AGENDA.
Next Resolution No. 99-55
Next Ordinance No. 03(1999)
STUDY SESSION: 5:00 p.m., AQMD Room CC -3
a) Holiday Banners
b) Bylaws for the Proposed Diamond Bar Foundation (non-
profit)
1. CLOSED SESSION: None
2. CALL TO ORDER: 6:30 p.m., July 6, 1999
PLEDGE OF ALLEGIANCE: Mayor
INVOCATION: Bishop Kirk Christ, Church of Jesus
Christ of Latter Day Saints
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 Assistant City Attorney
Amanda Susskind.
3.2 Presentation by the Vector Control District regarding
Africanized Honey Bees.
3.3 Proclaiming July, 1999 as Parks & Recreation Month.
4. PUBLIC COMMENTS: "Public Comments" is the time
reserved on each regular meeting agenda to provide an
opportunity for members of the public to directly address the
Council on Consent Calendar items or matters of interest to
the public that are not already scheduled for consideration on
this agenda. Although the City Council values your comments,
pursuant to the Brown Act, the Council generally cannot take
any action on items not listed on the posted agenda. Please
complete a Speaker's Card and give it to the City Clerk
(completion of this form is voluntary). There is a five_
minute maximum time limit when addressing the City Council.
JULY 6, 1999 PAGE 2
S. 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 Spgs. Dr.
5.2 TRAFFIC & TRANSPORTATION COMMISSION - July 8, 1999 - AQMD
Board Hearing Room, 21865 E. Copley Dr.
5.3 TOWN HALL MEETING - (Solid Waste) - July 10, 1999 - 9:00
- 11:00 a.m., Golden Springs Elementary School, 245 S.
Ballena Dr.
5.4 PLANNING COMMISSION - July 13, 1999 - 7:00 p.m., AQMD
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
Spgs. Dr.
5.6 CITY COUNCIL MEETING - July 20, 1999 - 6:30 p.m., AQMD
Auditorium, 21865 E. Copley Dr.
5.7 TOWN HALL MEETING - (Solid Waste) - July 24, 1999 - 9:00
- 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:
6.1 APPROVAL OF MINUTES:
6.1.1. Study Session of June 1, 1999 - Approve as
submitted.
6.1.2 Regular Meeting of June 1, 1999 - Approve as
amended.
6.1.3 Town Hall Meeting of June 5, 1999 - Approve as
submitted.
6.1.4 Study Session of June 15, 1999 - Approve as
submitted.
6.1.5 Regular Meeting of June 15, 1999 - Approve as
submitted.
Requested by: City Clerk
JULY 6, 1999 PAGE 3
6.2 PLANNING COMMISSION MINUTES:
6.2.1 Regular Meeting of May 11, 1999 - Receive &
File.
6.2.2 Regular Meeting of May 25, 1999 - Receive &
File.
Requested by: Planning Division
6.3 TRAFFIC & TRANSPORTATION COMMISSION MINUTES - Regular
Meeting of May 13, 1999 - Receive and File.
Requested by: Engineering Division
6.4 PARKS & RECREATION COMMISSION MINUTES - Regular Meeting
of May 27, 1999 - Receive and File.
Requested by: Community Services Division
6.5 VOUCHER REGISTER - Approve Voucher Register dated July 6,
1999 in the amount of $1,258,174.30.
Requested by: Finance Division
6.6 TREASURER'S STATEMENT - Submitted for City Council review
and approval is the Treasurer's Statement for May, 1999.
Recommended Action: It is recommended that the City
Council review and approve the Treasurer's Statement for
May, 1999.
Requested by: Finance Division
6.7 RESOLUTION NO. 99 -XX: 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 September 1996, the
Redevelopment Agency proceeded with a redevelopment plan
adoption process for the D.B. Economic Revitalization
Area. Included within this project area is Lemon Ave.
between Golden Springs and the northerly City limit. The
$15,500 requested in this Agreement will be used to fund
design of landscape and irrigation improvements for the
medians located along this section of Lemon Ave.
Recommended Action: It is recommended that the City
Council adopt Resolution No. 99 -XX approving Advance and
Reimbursement Agreement Number 14 with the D.B.
Redevelopment Agency, in the amount of $15,500.
Requested by: City Manager
JULY 6, 1999 PAGE 4
6.8 AWARD OF CONTRACTS FOR BALLFIELD LIGHTING AT LORBEER
MIDDLE SCHOOL
A. INSTALLATION OF BALLFIELD LIGHTS AT LORBEER MIDDLE
SCHOOL - Council adopted Resolution No. 99-11 approving
plans and specifications for installation of ballfield
lights at Lorbeer Middle School. 11 contractors
purchased bid packages and 7 submitted bid. Bids were
opened and publicly read on June 30, 1999 with prices
ranging from $163,437 to $219,210. The Engineer's
Estimate for this project is $167,300. The lowest
responsible bid was submitted by D&J Foothill Electrical
Contractors, Inc., in the amount of $163,437. The status
of their state contractor's license was check with the
State Department of Consumer Affairs and the license is
active and clear. References have been checked an D&J
Foothill Electrical Contractors, Inc. is recommended as
an excellent contractor for this project.
Recommended Action: It is recommended that the City
Council award a 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. CONSTRUCTION INSPECTION SERVICES FOR THE LORBEER
MIDDLE SCHOOL BALLFIELD LIGHTS INSTALLATION PROJECT - If
Council awards a public works contract for the Lorbeer
Middle School ballfield lights installation project, then
it will be necessary to secure the services of an
inspector. D&J Engineering is currently under contract
with the City as the provider of these services. Since
D&J Engineering currently has a contract with the City
that exceeds $10,000, it is necessary for Council to
approve the contract. D&J Engineering was also the
inspector for the Peterson Park ballfield light
installation project and did an excellent job.
Recommended Action: It is recommended that the City
Council award a contract for inspection services for the
Lorbeer Middle School ballfield lighting project to D&J
Engineering in the amount of $3,225 plus a contingency
amount of $325 (100), for a total authorization of
$3,550, and authorize the City Manager to execute the
purchase order for said amount.
Requested by: Community Services Division
6.9 AMENDMENT OF CONTRACT WITH DEWAN LUNDIN & ASSOCIATES FOR
CABLE UPGRADE INSPECTION - Pursuant to the City's
Franchise Agreement with Century Communications, the
JULY 6, 1999
PAGE 5
cable system will be re-built/upgraded to fiberoptics.
The system has been designed, and Century Communications
has hired a contractor to perform the necessary work.
Century will need to perform work within the City's
right-of-way (streets/sidewalks), and to ensure that the
work is performed in accordance to the City's
requirements, the City has been providing inspections. On
April 6, 1999, Council approved a contract for $5,000 for
said inspection services for Phase I. Phase I has been
completed and Phase II construction is commencing. The
inspection service for the second phase of the cable
upgrade is not expected to exceed $5,000, For Phase I,
staff conducted an informal bid process with four firms
(CAA, DGA, Hall & Foreman and DLA) and DLA was the lowest
bidder at $42 per hour.
RECOMMENDATION: It is recommended that the City
Council approve a contract amendment with DLA 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.
Requested by: City Manager
6.10 BUDGET ADJUSTMENT FOR BUILDING AND SAFETY SERVICES - The
amended FY 1998-99 Budget has estimated revenues for
Building and Safety Services at $1,215,450 and Budget
expenditures of $729,270. Upon examination of
construction trends based on projects in progress in the
area of residential and new multi -story office
development activities (i.e., Tenant Improvement),
Building & Safety revenues are projected to exceed by
$32,000 and expenditures of $19,200 for the remainder of
FY 98-99. A budget adjustment is necessary to document
the anticipated increases and compensate the Building &
Safety services contractor.
Recommended Action: It is recommended that the City
Council approve a budget adjustment increasing revenues
for Building & Safety Services by $32,000 and
expenditures by $19,200.
Requested by: Planning Division
6.11 RESOLUTION NO. 99 -XX: 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 - Proposition A, the 1-� cent sales tax
for transit, was approved by voters in 1980. Revenues
generated are intended for development of transit -related
programs, which are administered by the L.A. County
JULY 6, 1999 PAGE 6
Metropolitan Transportation Authority. The City
currently has an excess of $1,840,000 in Prop A Funds and
has the option of exchanging these funds for General
Funds with another local agency to assist in providing
transit -related services. The City of Santa Clarita is
in need of Prop A Funds ($300,000) to construct their new
Metrolink Station, Jan Heidt Newhall Metrolink Station,
and is offered $.71 on the dollar ($213,000).
Recommended Action: It is recommended that the City
Council adopt Resolution No. 99 -XX authorizing and
approving exchange of Proposition A Funds with the City
of Santa Clarita.
Requested by: City Manager
6.12 RESOLUTION NO. 99 -XX: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR DECLARING ITS SUPPORT FOR THE
CITY OF INDUSTRY SOLID WASTE TRANSFER STATION - The City
of Industry is proposing the siting and construction of
Grand Central Recycling & Transfer Station, Inc. The
station will be located on a 210 -acre site at 999 Hatcher
Ave., City of Industry in an industrially -zoned area
designated for general manufacturing. The site is
immediately surrounded by industrial uses, a flood
control channel and the Union Pacific Rail Yard. The
Grand Central Recycling Transfer Station, Inc. will not
be a regional facility. In fact, the transfer station is
much smaller than the project that was previously
Proposed and will only accept 1,500 tons per day. The
previously -proposed solid waste transfer station was
proposed to accept 5,500 tons per day.
Recommended Action:. It is recommended that the City
Council adopt Resolution No. 99 -XX declaring its support
for the City of Industry Solid Waste Transfer Station.
Requested by: City Manager
6.13 CONTRACT WITH DIAMOND BAR CHAMBER OF COMMERCE - On June
15, 1999, the City Council adopted the Fiscal Year 1999-
2000 Budget which included the approval of a contract for
services with the Chamber of Commerce. The Chamber has
submitted a detailed contract proposal to provide various
consulting services to the City.
Recommended Action: It is recommended that the City
Council approve an agreement with the Diamond Bar Chamber
of Commerce in the amount of $36,000.00.
Requested by: City Manager
JULY 6, 1999 PAGE 7
7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as
matters may be heard.
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.
Recommended Action: It is recommended that the City
Council appoint R.J. Willkomm to the Wildlife Corridor
Conservation Authority Advisory Committee.
Requested by: Mayor Pro Tem O'Connor
8.2 UPDATE ON LANTERMAN DEVELOPMENTAL CENTER FORENSIC
FACILITY PROJECT.
Requested by: City Council
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 of California 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. Twelve additional
members to be appointed by the Committee Chair and Vice -
Chair.
Recommended Action: It is recommended that 1) the
Lanterman Developmental Center Expansion Project Task
Force be dissolved and 2) an Advisory Committee be
created and Chaired by Council Member Herrera and that
Council Member Huff serve as the Vice -Chair with twelve
additional members being appointed by the Chair and Vice -
Chair.
Requested by: C/Herrera & C/Huff - Lanterman
Subcommittee
JULY 6, 1999 PAGE 8
8.4 CONTRACT AMENDMENT FOR 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.
Recommended Action: It is recommended that the City
Council 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.
Requested by: City Manager
8.5 RESOLUTION NO 96-53I: RESOLUTION OF THE CITY OF DIAMOND
BAR SETTING FORTH PERSONNEL RULES AND REGULATIONS
REGARDING THE PAYMENT OF SALARIES, SICK LEAVE, VACATIONS,
LEAVES OF ABSENCES AND OTHER REGULATIONS - 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.
Recommended Action: It is recommended that the City
Council adopt Resolution No. 96-53I setting forth
personnel rules and regulations regarding the payment of
salaries, sick leave, vacations, leaves of absences and
other regulations.
Requested by: City Manager
8.6 SECOND READING OF ORDINANCE NO. 0X(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
JULY 6, 1999 PAGE 9
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 Assn. 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 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.
Recommended Action: It is recommended that the City
Council approve second reading by title only, waive full
reading and adopt Ordinance No. 0X(1999) adopting Title
32, Fire Code and Amending Title 16 of the D.B. Municipal
Code.
Requested by: Planning Division
9. NEW BUSINESS:
9.1 ORDINANCE NO. 0X(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 Dr. and Pasco Ct. 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
Dr. to Malad Ct., including all of Pasco Ct., 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 Dr. It is recommended that only 5
commercial parking permits be issued. Along the west
side of Fallow Field Dr. from Brea Canyon Cut-off Rd. to
Pasco Ct., there will be 'No Parking Anytime."
Implementation of uniformity of these signs will
accommodate both the residents and business needs and
will assist in enforcement of the parking regulations.
Recommended Action: It is recommended that the City
Council introduce first reading by title only and waive
full reading of Ordinance No. 0X(1999) amending D.B.
Preferential Parking District No. 2.
Requested by: Engineering Division
JULY 6, 1999
PAGE 10
9.2 RESOLUTION NO. 99 -XX: 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 AT 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.
Recommended Action: It is recommended that the City
Council of the City of Diamond Bar adopt Resolution
No.99-XX declaring opposition to the siting and
construction of any refuse management facility at Spadra
Landfill.
Requested by: City Manager
9.3 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 code
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 split
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 both 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.
Recommended Action: It is recommended that the City
Council send a letter in support of an FCC waiver
regarding block number assignments and technology
specific area code overlays.
Requested by: C/Ansari & C/Herrera - Legislative Sub -
Committee
JULY 6, 1999 PAGE 11
9.4 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.
Recommended Action: It is recommended that the City
Council appoint two Council Members to a Code Enforcement
Subcommittee.
Requested by: City Council
9.5 DISCUSSION OF 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 environment 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 (150) 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 250
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.
H.R. 1315 eliminates 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.
Recommended Action: It is recommended that the City
Council support H.R. 1315 (Dreier) and send letters in
support to the Representative on the Committee on Banking
and Financial Services.
JULY 6, 1999 PAGE 12
Requested by: C/Ansari & C/Herrera - Legislative Sub -
Committee
9.6 DISCUSSION OF 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 500 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.
Recommended Action: It is recommended that the City
Council support SB 676 regarding State purchasing of
recycled paper products.
Requested by: City Manager
RECESS TO REDEVELOPMENT AGENCY
Next Resolution No. RA99-06
1. CALL TO ORDER: Chairman
ROLL CALL: Agency Members
2. PUBLIC COMMENTS: "Public Comments" is the time
reserved on each regular meeting agenda to provide an
opportunity for members of the public to directly address the
Agency on Consent Calendar items or matters of interest to the
public that are not already scheduled for consideration on
this agenda. Although the Redevelopment Agency values your
comments, pursuant to the Brown Act, the Agency generally
cannot take any action on items not listed on the posted
agenda. Please complete a Speaker's Card and give it to the
Agency Secretary (completion of this form is voluntary). There
is a five minute maximum time limit when addressing the
Redevelopment Agency.
JULY 6, 1999 PAGE 13
3. CONSENT CALENDAR:
3.1 APPROVAL OF MINUTES - Regular Meeting of June 15, 1999 -
Approve as submitted.
Requested by: Agency Secretary
3.2 VOUCHER REGISTER - Approve Voucher Register dated July 6,
1999 in the amount of $4,951.94.
Requested by: Finance Division
3.3 TREASURER'S STATEMENT - Submitted for Agency review and
approval is the Treasurer's Statement for May, 1999.
Recommended Action: It is recommended that the
Redevelopment Agency Board of Directors review and
approve the Treasurer's Statement for May, 1999.
Requested by: Finance Division
3.4 RESOLUTION NO. RA99-XX: A RESOLUTION OF THE DIAMOND BAR
REDEVELOPMENT AGENCY APPROVING ADVANCE AND REIMBURSEMENT
AGREEMENT NUMBER 14, WITH THE CITY OF DIAMOND BAR - In
September 1996, the Redevelopment Agency proceeded with
a redevelopment plan adoption process for the D.B.
Economic Revitalization Area. Included within this
project area is Lemon Ave. between Golden Springs and the
northerly City limit. The $15,500 requested in this
Agreement will be used to fund the design of landscape
and irrigation improvements for the medians located along
this section of Lemon Ave.
Recommended Action: It is recommended that the
Redevelopment Agency Board of Directors adopt Resolution
No. RA99-XX approving Advance and Reimbursement Agreement
Number 14 with the City of Diamond Bar, in the amount of
$15,500.
Requested by: Executive Director
3.5 PROFESSIONAL DESIGN SERVICES CONTRACT AMENDMENT WITH INCA
ENGINEERS, INC. FOR THE GOLDEN SPRINGS DR./LEMON AVE.
STREET REHABILIATION PROJECT - The Agency previously
approved professional design services for the Lemon Ave.
Street Rehabilitation Project between Golden Springs Dr.
and the northerly City limits. The project consists of
removal and replacement of deteriorated pavement sections
along with a street overlay treatment. This has been
combined with the Golden Springs Dr. Street
Rehabilitation and Median Project (Brea Canyon Rd. and
JULY 6, 1999 PAGE 14
westerly City limits). With the existing raised asphalt
concrete/dirt medians along Lemon Ave., there is an
opportunity to landscape these medians to create a
cohesive landscape design within the City.
Recommended Action: It is recommended that the
Redevelopment Agency Board of Directors approve and
authorize the Chairman to execute the contract amendment
with INCA Engineers, Inc. for the Golden Springs
Dr./Lemon Ave. Street Rehabilitation Project in an amount
not to exceed $15,500.
Requested by: Engineering Division
4. PUBLIC HEARINGS:
5. OLD BUSINESS:
6. NEW BUSINESS:
7. AGENCY MEMBER COMMENTS: Items raised by individual Agency
Members are for Agency discussion. Direction may be given at
this meeting or the item may be scheduled for action at a
future meeting.
RECONVENE CITY COUNCIL MEETING:
10. COUNCIL SUB-COPM4ITTEE REPORTS:
11. COUNCIL MEMBER COMMENTS: Items raised by individual Council
Members are for Council discussion. Direction may be given at
this meeting or the item may be scheduled for action at a
future meeting.
12. ADJOURNMENT:
CITY OF DIAMOND BAR
NOTICE OF PUBLIC MEETING
AND AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF DIAMOND BAR )
The Diamond Bar City Council will hold a Study Session at
5:00 p.m., in CC -8 and a Regular Meeting at 6:30 p.m., in the
AQMD Auditorium, located at 21865 E. Copley Drive, Diamond Bar,
California on July 6, 1999.
I, Lynda Burgess declare as follows:
a copy
I am the City Clerk in the City of Diamond Bar; that to be
of the agenda for the Study Session and Regular Meeting,
held on July 6, 1999 was posted at the proper locations.
I declare under penalty of perjury under the laws of the
State of California that the foregoing is true and correct and
that this Notice and Affidavit was executed this 2nd day of July,
1999, at Diamond Bar, California.
_ /s/ Lynda Burgess
Lynda Burgess, City Clerk
City of Diamond Bar
Dated: July 2, 1999
Faxed to: Inland Valley Daily Bulletin
San Gabriel Valley Tribune
VOLUNTARY ReoUEs 1 TO ADDRESS THE CITY COUNCIL
TO: Q� CLERK r
FROM: ( c
y.f DATE:
ADDRESS:
PHONE:
ORGANIZATION:
AGENDA #/SUBJECT: s
I expect to address the Council on the s ect age a item. ase have the Council Minutes reflect my
name and address as written abov 1
Signature
D
TO:
FROM:
ADDRESS:
ORGANIZATION:
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
AGENDA #/SUBJECT:
CITY CLERK
DATE: -L
PHONE:
I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my
name and address as written above.
TO:
FROM
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
ADDRESS:
ORGANIZATION:
AGENDA #/SUBJECT:
CITY CLERK
r
DATE:
PHONE:
I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my
name and address as written above.
Signature
CITY OF DIAMOND BAR
"QUICK CAP" MINUTES
JULY 6, 1999
STUDY SESSION: 5:10 p.m., AQMD 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, Mayor Chang.
Also present were: Terrence L. Belanger, City Manager; Doug
Argue, 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, E.D., D.B. Chamber of Commerce; Annette Finnerty,
Parks & Recreation Commission and Allen Wilson.
1. CLOSED SESSION: None
2. CALL TO ORDER: Mayor Chang called the meeting to
order at 6:45 p.m. in the Auditorium of the South Coast Air
Quality Management District, 21865 E. Copley Dr., Diamond Bar,
CA.
PLEDGE OF ALLEGIANCE: Jeff Koontz, Exec. Dir., D.B. Chamber
Of Commerce
INVOCATION: Bishop Kirk Christ, Church of Jesus
Christ of Latter Day Saints
ROLL CALL: Council Members Ansari, Herrera,
Huff, Mayor Pro Tem O'Connor, Mayor Chang
Also present were: Terrence L. Belanger, City Manager; Craig
Steele, 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.
APPROVAL OF AGENDA: CM/Belanger - declare an urgency to
adopt Resolution establishing Steven M. Tamaya Memorial Fund.
Moved by MPT/O'Connor, seconded by C/Huff to approve. Motion
carried unanimously.
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 Assemblv.
JULY 6, 1999 PAGE 2
3.2 Presentation by the Jack Hazelrigg, 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. Felt it was not in the general public's best
interest to fund another public agency.
Grace MacBride - Felt that since the Chamber has not adopted
a Resolution regarding Lanterman, no funding should be given
to the Chamber. Suggested giving funds to the D.B.I.A.
instead.
Jeff Koontz - (highlighted current Chamber activities).
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 Spgs. Dr.
5.2 TRAFFIC & TRANSPORTATION COMMISSION - July 8, 1999 - AQMD
Board Hearing Room, 21865 E. Copley Dr.
5.3 TOWN HALL MEETING - (Solid Waste) - July 10, 1999 - 9:00
- 11:00 a.m., Diamond Point Elementary School, Golden
Springs at Sunset Crossing.
5.4 PLANNING COMMISSION - July 13, 1999 - 7:00 p.m., AQMD
Auditorium, 21865 E. Copley Dr.
5.5 CONCERTS IN THE PARK - SHOUT (601S) - July 14, 1999 -
6:30 - 8:00 p.m., Sycamore Canyon Park, 22930 Golden
Spgs. Dr.
5.6 CITY COUNCIL MEETING - July 20, 1999 - 6:30 p.m., AQMD
Auditorium, 21865 E. Copley Dr.
5.7 TOWN HALL MEETING - (Solid Waste) - July 24, 1999 - 9:00
- 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: Moved by C/Ansari, seconded by C/Huff to
approve the Consent Calendar, with the exception of Items No.
6.1.2 and 6.8. Motion carried 5-0 by Roll Call vote.
6.1 APPROVED MINUTES:
6.1.1 Study Session of June 1, 1999 - As submitted.
JULY 6, 1999
PAGE 3
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.
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 recused herself
and abstained from voting on P.0.8746 in the amount of
$25.00; P.O. 8095 for $129.90; P.O. 8840 for $10,116.01;
P.O. 8672 for $50,000.00 and P.O. 8761 for $6.01; P.O.
8672 for $50,000.00; P.O. 8761 for $4.97; and Invoice #
760459520 for $243.75 relating to the Lanterman Forensic
Expansion Project.
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: RESOLUTION OF THE CITY
COUNCIL OF 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).
JULY 6, 1999 PAGE 4
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 TRANSFER STATION.
6.13 APPROVED CONTRACT WITH DIAMOND BAR CHAMBER OF COMMERCE
in the amount of $36,000.
MATTERS WITHDRAWN FROM THE CONSENT CALENDAR:
6.1.2 APPROVAL OF MINUTES - Regular Meeting of June 1, 1999
as amended. C/Huff suggested that Page 9, last sentence
of 6.9 be changed to: 'In addition, 50 pOermits are to
be issued for parking on Diamond Canyon Rd., across from
Brea Canyon Cut-off." Moved by C/Huff, seconded by
C/Herrera to approve as amended by C/Huff. Motion carried
5-0 by Roll Call vote.
6.8 AWARDED CONTRACTS FOR BALLFIELD LIGHTING AT LORBEER
MIDDLE SCHOOL:
A. 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. 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 (100), for a total
authorization of $3,550, and authorize the City Manager
to execute the purchase order for said amount.
Moved by C/Huff, seconded by C/Ansari to approve. Motion
carried 5-0 by Roll Call vote.
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.
Moved by MPT/O'Connor, seconded by C/Huff to appoint Mr.
R.J. Willkomm to the Wildlife Corridor Conservation
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
JULY 6, 1999
PAGE 5
Fair Political Practices Commission - the FPPC concurs
with the City Attorney's earlier advise that MPT/O'Connor
should continue to recuse herself from decision-making
relating to the Lanterman Expansion Project.
MPT/O'Connor recused herself from discussion regarding
8.2, 8.3 and 8.4 and left the dais.
CM/Belanger outlined calendar of events re lawsuit
against State.
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 of California 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. Twelve additional
members to be appointed by the Committee Chair and Vice -
Chair.
Dr. Lawrence Rhodes - Agreed with dissolution of the Task
Force, but asked that before the Task Force is dissolved,
it should be requested to prepare a final report.
Gary Galbraith - UCLA Psychiatry Professor - Described
the difference between mentally retarded and mentally
ill. Stated that the proposed forensic patients are
mentally retarded, not mentally ill.
Martha Bruske - Agreed that the Task Force should be
disbanded. Felt that Council needs to take a closer look
at City business rather than trying to tell the State how
to deal with forensic clients. Disagreed with
establishment of the Advisory Committee.
Jennifer Hoey - Pointed out that Ruth Maples herself
described the potential forensic patients as murderers,
rapists, arsonists, etc."
JULY 6, 1999 PAGE 6
Dick Farrell - Felt that people supporting Lanterman's
expansion should stop trying to confuse the issue.
Sue Sisk - Pointed out that 14 escapes have taken place
at Porterville in the last two years since they began
taking on forensic patients. Objected to contract for
weed abatement with Lanterman approved on June 15tH
Clyde Hennessee -
Darla Farrell - Residents in Porterville are also
concerned for their safety. Some of the employees at the
facility are also afraid of some of the forensic
patients.
C/Ansari - Lanterman has been a good neighbor over the
past 71 years.
Darla Farrell - The public has been deceived by
Lanterman.
Kim Chapman -
Moved by C/Herrera, seconded by C/Huff that a final
report be prepared and obtained from Sue Sisk and that 1)
the Lanterman Developmental Center Expansion Project Task
Force be dissolved and 2) 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 4-0-1 by Roll Call vote
(MPT/O'Connor abstained).
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.
Moved by C/Ansari, seconded by C/Herrera 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 4-
0-1 by Roll Call vote (MPT/O'Connor abstained).
JULY 6, 1999 PAGE 7
MPT/O'Connor returned to the meeting at 9:32 p.m.
8.5 RESOLUTION NO 96-53I: RESOLUTION OF THE CITY OF DIAMOND
BAR SETTING FORTH PERSONNEL RULES AND REGULATIONS
REGARDING THE PAYMENT OF SALARIES, SICK LEAVE, VACATIONS,
LEAVES OF ABSENCES AND OTHER REGULATIONS - On June 15,
1999, Council approved the 1999-2000 budget, including a
20 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.
Moved by C/Ansari, seconded by C/Herrera 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 5-0 by Roll Call vote.
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 Assn. 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 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.
Moved by C/Ansari, seconded by C/Herrera 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 5-0 by Roll Call vote.
JULY 6, 1999 PAGE 8
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 - Moved by MPT/O'Connor, seconded by
C/Ansari. Motion carried 5-0 by Roll Call vote.
9.2 ORDINANCE NO. 0X(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 Dr. and Pasco Ct. 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
Dr. to Malad Ct., including all of Pasco Ct., 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 Dr. It is recommended that only 5
commercial parking permits be issued. Along the west
side of Fallow Field Dr. from Brea Canyon Cut-off Rd. to
Pasco Ct., there will be "No Parking Anytime."
Implementation of uniformity of these signs will
accommodate both the residents and business needs and
will assist in enforcement of the parking regulations.
Moved by C/Huff, seconded by C/Ansari 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 side of the street and the easterly side of the
street. Motion carried 5-0 by Roll Call vote.
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 - Will send to Sanitation District, Cal Poly
Pomona, Mt. Sac, cities of Walnut and Pomona, Lanterman,
JULY 6, 1999
PAGE 9
etc. MPT/O'Connor suggested sending to surrounding
cities as well.
Moved by C/Huff, seconded by MPT/O'Connor to adopt
Resolution No.99-59 declaring opposition to the siting
and construction of any refuse management facility at
Spadra Landfill. Motion carried 5-0 by Roll Call vote.
9.3 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 code
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 split
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 both 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.
Moved by C/Huff, seconded by C/Ansari to send a letter in
support of an FCC waiver regarding block number
assignments and technology specific area code overlays.
9.4 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 this committee.
Moved by C/Huff, seconded by C/Herrera that the Mayor and
Mayor Pro Tem be appointed 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.
JULY 6, 1999 PAGE 10
Clyde Hennessee - Identify the Code Enforcement Officer
and the vehicle that he drives.
Jeff Koontz - Will be more educational programs taking
place within the next month.
Motion carried 5-0 by Roll Call vote.
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
environment 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 (150) 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.
H.R. 1315 eliminates 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.
Moved by C/Ansari, seconded by C/Herrera to support H.R.
1315 (Dreier) and send letters in support to the
Representative on the Committee on Banking and Financial
Services. Motion carried 5-0 by Roll Call vote.
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
JULY 6,1999
PAGE 11
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.
Moved by C/Ansari, seconded by C/Herrera to support SB
676 regarding State purchasing of recycled paper
products. Motion carried 5-0 by Roll Call vote.
RECESS TO REDEVELOPMENT AGENCY
1. CALL TO ORDER:
10:15 P.M.
Next Resolution No. RA99-06
Chairman
ROLL CALL: Agency Members Herrera, O'Connor,
Chang, Vice Chairman Huff, Chairman Ansari.
Also present were: 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 & Marketing Director and
Lynda Burgess, Agency Secretary.
2. PUBLIC COMMENTS: None
3. CONSENT CALENDAR: Moved by AM/Herrera, seconded by
AM/Chang to approve the Consent Calendar. Motion carried 5-0 by
Roll Call vote.
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 RESOLUTION NO. RA99-06: A RESOLUTION OF THE
JULY 61 1999 PAGE 12
DIAMOND BAR REDEVELOPMENT AGENCY APPROVING ADVANCE AND
REIMBURSEMENT AGREEMENT NUMBER 14, WITH THE CITY OF
DIAMOND BAR 9 in the amount of $15,500.
3.5 APPROVED PROFESSIONAL DESIGN SERVICES CONTRACT AMENDMENT
WITH INCA ENGINEERS, INC. FOR THE GOLDEN SPRINGS
DR./LEMON AVE. STREET REHABILIATION PROJECT - and
authorized the Chairman to execute the 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
5. OLD BUSINESS: None
6. NEW BUSINESS: None
7. AGENCY MEMBER CObd�MNTS :
RECONVENE CITY COUNCIL MEETING: 10:19
10. COUNCIL SUB -COMMITTEE REPORTS: None
11. COUNCIL MEMBER COMMENTS: C/Huff requested that less Council
Study Sessions be held. Stated that the public has a
perception that the City has increased its cable franchise fee
although that is not the case. Lanterman weed abatement
contract -
MPT/O'Connor requested the schedule for street sweeping and
trash hauling - agendize.
12. ADJOURNMENT: There being no further business to conduct,
M/Chang adjourned the meeting at 10:55 p.m. in memory of
Steve Tamaya.
Wen Chang
Mayor
Deborah H. O'Connor
Mayor Pro Tem
Eileen R. Ansari
Council Member
Carol Herrera
Council Member
Robert S. Huff
Council Member
Recvded paper
City of Diamond Bar
21660 E. Copley Drive, Suite 100 • Diamond Bar, CA 917654177
(909) 860-2489 • Fax (909) 861-3117
Internet: http://www.ci.diarnond-bar.ca.us • City Online (885): (909) 860-5463
Assembly Human Services Committee
Dion Aroner, Chair
State Capitol, Room 2163
Sacramento 95814
P: 916/319-2014
f: 916/319-2114
Roy Ashburn, Vice Chair
State Capitol, Room 4158
Sacramento 95814
p: 916/319-2032
f: 916/319-2132
Marilyn Brewer, Committee Member
State Capitol, Room 6031
Sacramento 95814
p: 916/319-2070
f: 916/319-2170
Howard Kaloogian, Committee Member
State Capitol, Room 4130
Sacramento 95814
p: 916/319-2074
f: 916/319-2174
Audie E. Bock, Committee Member
State Capitol, Room 5144
Sacramento 95814
p: 916/319-2016
f: 916/319-2116
Richard Floyd, Committee Member
State Capitol, Room 4016
Sacramento 95814
p: 916/319-2055
f: 916/322-0655
Denise Ducheny, Committee Member Virginia Strom -Martin, Committee Member
State Capitol, Room 6026 State Capitol, Room 3146
Sacramento 95814 Sacramento 95814
p: 916/319-2079 p: 916/319-2001
f: 916/322-2271 f: 916/319-2101
John Dutra, Committee Member
State Capitol, Room 6011
Sacramento 95814
p: 916/319-2020
f: 319-2120
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DIAMOND BAR ESTABLISHING A
STEVEN M. TAMAYA MEMORIAL FUND.
WHEREAS, Steven M. Tamaya, an employee of the City of Diamond Bar,
passed away on July 3, 1999; and
WHEREAS, the family wishes a Steven M. Tamaya Memorial Fund be
established so individuals may contribute money, in his honor, for the creation and
enhancement of parks located within the City of Diamond Bar.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby establishes the Steven M. Tamaya
Memorial Fund for the creation and enhancement of parks located within the City of
Diamond Bar.
A. All checks and warrants drawn on these funds shall be executed and
countersigned by any two of the following three positions:
a. Mayor
b. City Treasurer
C. Finance Director
B. The City Council hereby authorizes and directs the execution of all
documents reasonably necessary to establish a separate bank account for
the accounting of these funds.
PASSED, ADOPTED, AND APPROVED by the City Council of the City of Diamond
Bar, California, this day of )1999.
Mayor
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify
that the foregoing Resolution was passed, adopted, and approved at a regular meeting of
the City Council of the City of Diamond Bar held on the day of
1999, by the following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAINED:
COUNCIL MEMBERS:
ATTEST
Lynda Burgess, City Clerk
City of Diamond Bar
RESOLUTION NO. 99 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR, CALIFORNIA, DECLARING ITS SUPPORT
FOR THE CITY OF INDUSTRY SOLID WASTE TRANSFER STATION
WHEREAS, the Grand Central Recycling & Transfer Station, Inc., is proposed to be
located on a ten acre site at 999 Hatcher Avenue, City of Industry; and
WHEREAS, the site is located in an industrially -zoned area designated for general
manufacturing; and
WHEREAS, the solid waste transfer station will have rail access, and the site is located
adjacent to the Union Pacific Rail Yard; and
WHEREAS, the facility and equipment will be designed to accommodate a maximum
capacity of 1,500 tons per day.
WHEREAS, the disposal capacity is declining at an alarming rate, and a need exists for
an appropriate waste diversion program.
NOW, THEREFORE, the City Council of the City of Diamond Bar does resolve as
follows:
The City Council hereby declares their support to the City of Industry's solid waste
transfer station.
PASSED, APPROVED AND ADOPTED this day of 91999.
Mayor
I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing
Resolution was passed, approved and adopted at a regular meeting of the City Council of the
City of Diamond Bar held on the day of , 1999, by the
following Roll Call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
Lynda Burgess, City Clerk
City of Diamond Bar
RESOLUTION NO. 99 -
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 SPADRA LANDFILL
WHEREAS, the City of Diamond Bar and its residents have lived as good neighbors in
close proximity to the Spadra Landfill for almost 40 years, and
WHEREAS, for all these years the Diamond Bar City Council and the community at large
were of the understanding that no other waste handling facilities would be constructed near any
portion of the Landfill known as Spadra, and
WHEREAS, Diamond Bar residents have lived adjacent to the Landfill and have been
directly impacted by the ongoing operations at the Spadra Landfill.
NOW, THEREFORE, the City Council of the City of Diamond Bar does resolve as follows:
The City Council hereby declares their opposition to the siting and construction of any
refuse handling facility near Spadra Landfill.
PASSED, APPROVED AND ADOPTED this day of '1999.
Mayor
I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing
Resolution was passed, approved and adopted at a regular meeting of the City Council of the City
of Diamond Bar held on the day of , 1999, by the following
Roll Call vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:,
COUNCIL. MEMBERS:
ABSTAINED:
COUNCIL MEMBERS:
Lynda Burgess, City Clerk
City of Diamond Bar
City of Diamond Bar
City Council Meeting
Study Session
July 6,'1999
5:00 P.M.
AQMD Room CC -8
Topics:
a) Holiday Banners
b) Bylaws for the Proposed
Diamond Bar Foundation
CITY COUNCIL REPORT
MEETING DATE: July 6, 1999
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Study Session Agenda Item a): Holiday Banners
Background
The City of Diamond Bar has been posting informational and seasonal banners on the Edison street light poles
and the City entry signs for the past six years. American flags have been posted on the street light poles for
the past nine years. In response to the City Council's request during the recent budget hearings, staff is
providing several options for the Council to consider for posting decorative banners or decorations during the
holiday season and creating a visual impact in the City.
Discussion
There are approximately 1,150 concrete street light poles on the major arterials in Diamond Bar. For the
purposes of this report, following are the streets considered to be major arterials:
Diamond Bar Blvd. Golden Springs Grand Ave.
Brea Canyon Road Pathfinder Lemon Ave.
Brea Canyon Cut-off
The City currently owns brackets and poles to post 62 banners. There are two types of decorations that may
be posted on street light poles:
1. Holiday Street Banners (average cost -- $80 per banner for material, $80 for brackets and poles,
$40 to post) Total: $200 per banner
2. Holiday Decorations (average cost — varies considerably, but models are available for $350 per
decoration) Total: $350 per decoration plus posting costs
Cost to post banners on all street light poles in Diamond Bar: $200 X 1,150 = $230,000
Cost to post decorations on all the street light poles in Diamond Bar: $350 X 1,150 = $402,500
Alternative: Post banners and/or decorations adjacent to shopping centers only. Shopping center locations
considered for this report were at:
Diamond Bar Blvd at Brea Canyon Road —
DB Blvd at Cold Spring —
DB Blvd at Quail Summit to Clear Creek Canyon —
DB Blvd at Golden Springs to 60 Freeway —
DB Blvd at Sunset Crossing to Highland Valley —
Golden Springs at Lemon —
Golden Springs at Brea Canyon Road (including L.A
14 poles
14 poles
32 poles
24 poles
54 poles
8 poles
Fitness Development) -- 45 poles
City Council Report
Holiday Banners
Meeting Date: July 6, 1999
Page 2
Golden Springs at Prospectors to Torito Lane —
Grand Ave at the Honda Dealer (and on Old Brea Canyon Road) —
Grand Ave at Montefino to Cleghom —
Brea Canyon Rd at Pathfinder (includes east & west of 57 Fwy & bridge over Fwy —
Brea Canyon Rd at Golden Springs —
Brea Canyon Rd north of 60 Fwy to Lycoming (no concrete poles north of Lycoming) —
Lemon north of 60 Fwy to north City Limits —
(no concrete poles on Lemon between Golden Springs and 60 Fwy)
Total Concrete Street Light Poles adjacent to shopping centers
19 poles
12 poles
18 Poles
37 poles
5 poles
6 poles
20 poles
308 poles
Cost to post banners on all poles adjacent to the shopping centers @ $200 per banner $61,600
Cost to post decorations on all poles adjacent to shopping centers @ $350 per site $107,800
To further control costs, the City Council may wish to further define the shopping centers to include.
Flags
The City owns 150 flags. To post flags on all the street light poles, it would require an additional 1,000
flags. At a cost of $20.00 for each flag, post and bracket set, it would cost $20,000 to cover the entire
City. To cover all of Diamond Bar Blvd and the shopping centers would require 525 additional flag sets
@ $20.00 for a total of $10,500.
Another option is to post flags at each City entry point, the shopping centers and along all of Diamond
Bar Blvd. This would require a total of 870 flags, or an additional 720 flag sets @ $20 = $14,400
Posting flags on every other pole (as was done this year) can cut these costs in half.
Flags should have a life of two to three years depending how long they are posted, exposure to rain
and especially, the strength of wind.
Recommendation
Provide staff with direction on which program or programs the City Council would like agendized for
consideration at a future City Council meeting.
Prepared by:
Bob Rose
Community Services Director
CITY COUNCIL REPORT
MEETING DATE: July 6, 1999
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Study Session Agenda Item b): Articles of Incorporation and Proposed Bylaws for the
Diamond Bar Community Foundation
Background
At its meeting on January 5, 1999, the City Council approved the concept of establishing the Diamond Bar
Community Foundation, pending review of the Articles of Incorporation and Bylaws by the City Attorney. The
Articles of Incorporation have been completed and were submitted to the State of California last month. The
proposed Bylaws area being forwarded to the City Council so that several questions asked by the City Attorney
may be answered and for the opportunity to discuss the next steps in the process of creating the Diamond Bar
Community Foundation,
Discussion
Additional information Requested by the City Attorney
A. Please review the following sections to ensure that the City Council's intentions are reflected in the
proposed text: Sections 3.01, 3.02, 5.01, 5.02, 5.05, 5.07 and Article X
B. Please review the questions listed on page 2 of the attached letter from Douglas W. Argue, dated
June 25, 1999 regarding the following sections:
1. Section 3.02 2. Section 4.01 3. Section 4.02
4. Section 5.02 (b) 5. Section 5.02 (d) 6. Section 5.03
7. Section 5.07 (a) 8. Section 5.07 (b) 9. Section 5.13
10. Section 7.07 11. Article VIII 12. Article XIV
Mr. Argue will be present at the study session to answer any legal questions that the Council Members may
have.
Next Steps
1. Review the proposed Bylaws and provide input to the City Attorney and staff.
2. Provide the City Attorney with the names and addresses of all the Directors of the Diamond
Bar Community Foundation. This process is described in Section 5.02(b) of the proposed
Bylaws (page 4).
3. After receipt of above information, the City Attorney will execute an appropriate document to
appoint the initial Directors and adopt the Bylaws.
City Council Report
Diamond Bar Community Foundation
Meeting Date: July 6, 1999
Page 2
Recommendation
It is recommended that the City Council direct staff to place this item on the July 20th Council Agenda for
consideration of adoption of Bylaws. It is further recommended that the City Council announce the openings
for Board of Director appointments for the Diamond Bar Community Foundation,
Attachments
Letter from Douglas W. Argue, of the office of Richards, Watson & Gershon, dated June 25, 1999.
Articles of Incorporation of the City of Diamond Bar Community Foundation.
Estimated time frame for completion of incorporation process.
Draft Bylaws.
Draft Bylaws "Redline" Version.
Prepared by:
Bob Rose
Community Services Director
GLENN R. WATSON
HARRY L. GE HON
DOUGLAS W. ARGUE
MARK L. LAM KEN
ERWIN E. ADLEA
DAROLD D. PIEPER
ALLEN E. RENNETT
STEVEN L. DORSEY
WILLIAM L. STRAUSZ
ANTHONY B. DREWRY
MITCHELL E. ABBOTT
TIMOTHY L. NEUFELD
GREGORY W. STEPANICICH
ROCHELLE BROWNE
MICHAEL JENKINS
WILLIAM B. RU ELL
QUINN M. BARROW
CAROL W. LYNCH
JEFFREY A. RABIN
GREGORY M. KUNERT
THOMAS M. JIMSO
MICHELE BEAL BAGNERIS
AMANDA F. 8 OSKIND
ROBERT C. CECCON
SAYRE WEAVER
STEVEN H. KAUFMANN
GARY E. GANS
JOHN J. HARRIS
KEVIN G. ENNIS
ROBIN D. HARRIS
MIG EL ESTRADA
LAURENCE S. WIENER
STEVEN R. ORR
MICHAEL G. COLANTUONO
B. TILDEN KIM
SASKIA T. ASAMURA
KAYSER O. SLIME
C. EDWARD DILKES
PETER M. THORSON
BRENDA L DIEDERICH5
JAMES L. MARKMAN
DEBORAH R. HAKMAN
RUSIN D. WEINER
SAULJAFFE
CRAIG A. STEELE
T. PETER PIERCE
DAVID ROBERT DANIELS
WILLIAM P. CURLEY III
D CRAIG POW
LYNN I_ IBARA
JANET E. COLESON
TERENCE R. BOGA
LISA BOND
DIANE ARKOW GROSS
ROY A CLARKE
ROXANNE M. DIAZ
MARS L. S. MEDINA
ERIKA M. FLEMING
OLIVIA WAI-WEN SUAN
AMY W. CH NG
SANDRA L. MCDONOUGH
GABRIEL K. COY
MATTHEW D. MITCHELL
PAULA GUTIERREZ BAEZA
RICHARDS, WATSON & GERSHON
ATTORNEYS AT LAW
A PROFESSIONAL CORPORATION
THIRTY-EIGHTH FLOOR
333 SOUTH HOPE STREET
LOS ANGELES, CALIFORNIA 90071-1469
(213) 626-8484
FACSIMILE (213) 626-0078
June 25, 1999
Mr. Bob Rose
Director of Community Services
City of Diamond Bar
21660 East Copley Drive
Diamond Bar, CA 91765-4177
Re: The Diamond Bar Community Foundation
Dear Mr. Rose:
RICHARD RICHARDS
(1916-1988)
SAN FRANCISCO OFFICE
SUITE 960
FORTY-FOUR MONTGOMERY STREET
SAN FRANCISCO, CALIFORNIA 94104-4611
(415) 421-8484
FACSIMILE (415) 421-8486
ORANGE COUNTY OFFICE
NUMBER ONE CIVIC CENTER CIRCLE
BREA, CALIFORNIA 92821
(714) 990-0901
FACSIMILE (/14) OW -6230
OF COUNSEL
WILLIAM K KRAMER
0102688
OUR FILE NUMBER
11393-00001
We enclose a "draft" set of proposed Bylaws for your
review and approval. Once approved, and as soon as you can
furnish me with the names and addresses of all the Directors of
the Corporation, the firm will execute an appropriate document to
appoint the initial Directors and adopt the Bylaws.
In connection with the adoption of Bylaws for the
Corporation, you need to provide me information to complete the
Bylaws and to indicate the City's approval of various provisions
of the Bylaws which should be carefully reviewed to ensure that
they are consistent with the way you want the Corporation to be
organized and operated. In preparing this "draft" we attempted
to integrate most, but not all, of the proposed provisions of the
Articles of Incorporation and Bylaws (faxed to Mr. Jenkins on
January 7, 1999) into the "standard" set of Bylaws we use for a
nonprofit (no members) public benefit corporation which intends
to qualify for exempt status under Section 501(c)(3)
For your convenience, enclosed herewith is a "redline
copy of the draft Bylaws which reflects in bold type the
additions made to our "standard" set of Nonprofit Corporation
Bylaws which are, for the most part, based upon your proposed
Bylaws and Articles. In the main, we have retained the language
used in your proposed Bylaws and Articles, however, in some cases
we were not sure of what was intended and for the sake of
clarity, we structured the integrated "draft" Bylaws in a way we
thought made the most sense. In this regard, please pay
RICHARDS, WATSON & GERSHON
June 25, 1999
Page 2
particular attention to Sections 3.01, 3.02, 5.01, 5.02, 5.05,
5.07 and Article X
Finally, the following "standard" Bylaw provisions
should be reviewed as indicated below:
1. Section 3.02. Do you agree with the
limitations set forth in this provision;
2. Section 4.01. We have provided for no
"statutory" members. This will enable the City to
control and perpetuate the method of selection of
Directors;
3. Section 4.02. This will permit persons to
join the organization without giving them any
rights as a "statutory" member under California
law;
4. Section 5.02(b). This is how the initial and
successor Directors will be selected based upon
our interpretation of your proposed Bylaws;
5. Section 502(d). This is a required provision;
6. Section 5.03. These are the "terms" of
various Director groups based upon our
interpretation of your proposed Bylaws;
7. Section 5.07(a). This is the month of the
annual meeting of the Board of Directors under
your proposed Bylaws;
8. Section 5.07(b). You need to select a date
and time for regular meetings, if any. If there
are to be no regular meetings, please advise;
9. Section 5.13. You need to decide whether
persons are to be compensated;
10. Section 7.07. You need to decide whether or
not you want to expand or delete any of the duties
set forth in this provision;
11. Article VIII. You need to decide if there is
to be an obligation to "indemnify"; and
12. Article IVX You need to decide on whether
or not the co ration will operate as provided in
this Article.
x�V
RICHARDS, WATSON & GERSHON
June 25, 1999
Page 3
If you need help with the Bylaws or have "corporate" or
other questions, please call the undersigned.
Very truly yours,
D glas W Argue
DWA:eeh
Enclosure
0102688
ARTICLES OF INCORPORATION
OF
THE CITY OF DIAMOND BAR COMMUNITY FOUNDATION
I
I
The name of this corporation is THE CITY OF DIAMOND BAR
COMMUNITY FOUNDATION.
II
A. This corporation is a nonprofit public benefit
corporation and is not organized for the private gain of any
person. It is organized under the Nonprofit Public Benefit
Corporation Law of the State of California for charitable and
public purposes.
B. The specific purpose of this corporation is to receive
contributions and pay them over to the City of Diamond Bar for
any charitable, literary or educational purpose permitted under
Section 501(c)(3) of the Internal Revenue Code.
III
The name and address in the State of California of this
corporation's initial agent for service of process is:
Richards, Watson & Gershon
A Professional Corporation
333 South Hope Street, 38th Floor
Los Angeles, California 90071
IV
A. This corporation is organized and operated exclusively
for the purposes set forth in Section 501(c)(3) of the Internal
Revenue Code.
B. No substantial part of the activities of this
corporation shall consist of carrying on propaganda, or otherwise
attempting to influence legislation, and the corporation shall
not participate or intervene in any political campaign (including
the publishing or distribution of statements) on behalf of any
candidate for public office.
M
The property of this corporation is irrecocably dedicated to
charitable and public purposes and no part of the net income or
assets of this corporation shall ever inure to the benefit of any
990604 11393-00001 eeh 0102684 0
director, officer or member thereof or to the benefit of any
private person. Upon dissolution of this corporation, the net
assets (other than trust funds), shall be distributed to one or
more nonprofit corporations organized and operated for the
benefit of the City of Diamond Bar, such corporation or
corporations to be selected by the Board of Directors of this
corporation with approval of the City Council of the City of
Diamond Bar. Such nonprofit corporation or corporations must be
qualified for federal income tax exemption under Section
501(c)(3) of the United States Internal Revenue Code of 1954, and
be organized and operated exclusively for charitable, scientific,
literary or educational purposes, or for a combination of said
purposes. In the alternative, upon dissolution of the
corporation, the net assets, (other than trust funds), shall be
distributed to the City of Diamond Bar to be used for public
purposes.
DATED:
1999
RICHARDS, WATSON & GERSHON
A Professional Corporation
By
(Signature of Incorporator)
I declare that I am the person who executed the above
Articles of Incorporation on behalf of Richards, Watson &
Gershon, a Professional Corporation, and that this instrument is
the act and deed of Richards, Watson and Gershon, A Professional
Corporation.
(Signature of Incorporator)
990604 11393-00001 eeh 0102684 0 2
INCORPORATING AND VestAlnli;U
TAX-EXEMPT STATUS UNDER
:INTERNAL CODE SECTION 501(C)
TASKS (STEM DONE BY WHOM TIME FRAME
1 • Preparation of Articles Attorney after objectives Two days
of Incorporation of organization are
("Articles") determined by client and
"Agent for Service of
Process" and Incorporator(s)
is(arc) named
2. Execution Articles Chem Varies
by Incorporators)
3. Filing of Articles Attorney Two days
4. SS -4 is completed and Client VariPc
filed with LR -S. to
obtain Corp. I.D. No.
S. Incorporator selects
Directors
b. Directors select
Officers
7. Bylaws drafted
S. Bylaws reviewed and
approved and/or
modified by Directors
9
B
Client
Client
Attorney after steps
4 & S have been completed
Client
pproves exemption
application
N0'1'K: Steps 7 thru 11 can be done in tandem
0102673
Varies
Varies
One week
Varies
One week
Varies
Varies
Two weeks after
steps 9 and 10 have
been completed
Varies
IRS will issue approval
90 to 120 days after
application filed
TOTAL P.02
ylaws finalized and
executed
Attorney/Client
10.
Information obtained for
Client
IRS exemption application
11.
Power of Attorney is executed
Client
12.
Exemption application
Attorney
prepared
13.
Exemption application
ClienvAnorney
executed and filed
14.
IRS approves or
disc
Attorney
pproves exemption
application
N0'1'K: Steps 7 thru 11 can be done in tandem
0102673
Varies
Varies
One week
Varies
One week
Varies
Varies
Two weeks after
steps 9 and 10 have
been completed
Varies
IRS will issue approval
90 to 120 days after
application filed
TOTAL P.02
r
�F'aFl
THE DIAMOND BAR COMMUNITY FOUNDATION
(a California Nonprofit Public Benefit Corporation)
ARTICLE I
NAME
The name of this Corporation is THE DIAMOND BAR
COMMUNITY FOUNDATION.
ARTICLE II
OFFICES
SECTION 2.01. PRINCIPAL OFFICE
The principal office for the transaction of the
activities and affairs of the Corporation ("principal office") is
located at 21660 East Copley Drive, Diamond Bar, California. The
Board of Directors ("the Board") may change the principal office
from one location to another. Any change
of locat
location these the
Bylaws
principal office shall be noted by Secretary
opposite this Section, or this Section may be amended to state
the new location.
SECTION 2.02. OTHER OFFICES.
The Board may at any time establish branch or subor-
dinate offices at any place or places where the Corporation is
qualified to conduct its activities.
ARTICLE III
PURPOSES AND LIMITATIONS
SECTION 3.01. PURPOSES
This Corporation is a Nonprofit Public Benefit Cor-
poration and is not organized for the private gain of any person.
It is organized under the California Nonprofit Public Benefit
Corporation Law for charitable and public purposes. This
Corporation is organized exclusively for charitable and other
purposes within the meaning of Section 501(c)(3) of the Internal
Revenue Code of 1986 (or the corresponding provision of any
future United State Internal Revenue Law). The Corporation
intends to establish a permanent endowment fund which will be
used to lessen the burdens of government by assisting the
CityTOf
Diamond Bar in charitable and other public purpose projects.
specific public and charitable purposes for which this
Corporation is organized are to lessen the burdens of government,
990624 11393-00001 is 0102701 (4)
to promote the implementation of the Parks Master Plan of 1998 of
the City of Diamond Bar and to support the cultural, recreational
and human service needs of the City of Diamond Bar.
Notwithstanding any other provision of these Bylaws, this
Corporation shall not, except to an insubstantial degree, carry
on or engage in any activities or exercise any powers that are
not in furtherance of the purposes of this Corporation, and the
Corporation shall not carry on any other activities not permitted
to be carried on by a corporation exempt from Federal income tax
under Section 501(c)(3) of the Internal Revenue Code of 1986 (or
the corresponding provision of any future United States Internal
Revenue Law) or by a corporation, contributions to which are
deductible under Section 170(c)(2) of the Internal Revenue Code
Of 1986 (or the corresponding provision of any future United
States Internal Revenue Law).
SECTION 3.02. LIMITATIONS
(a) Political activity. No substantial part of the
activities of this Corporation shall consist of carrying on
propaganda, or otherwise attempting to influence legislation, and
this Corporation shall not participate in or intervene in
(including the publishing or distributing of statements in
connection with) any political campaign on behalf of any can-
didate for public office.
(b) Pro ert . The property, assets, profits and net
income are dedicated irrevocably to the purposes set forth in
Section 3.01 above. No part of the profits or net earnings of
this Corporation shall ever inure to the benefit of any of its
Directors, trustees, officers, members (if any), employees, or to
the benefit of any private individual.
(c) General Activities. In carrying out the purposes
set forth in Section 3.01 above, the Corporation shall not, in
any manner, be utilized to discharge
obligations of the City of Diamond Bar. The support and
promotion of charitable, cultural, recreational and human
services afforded by this Corporation is in addition, and
supplementary to, any budgeting program sponsored by the City,
and the use of the assets, funds or personnel of this Corporation
in routine operations of the City of Diamond Bar (other than
those established by the Corporation) shall be a violation of the
purposes herein expressed.
(d) Dissolution. Upon the winding up and dissolution
of this Corporation, after paying or adequately providing for the
payment of the debts, obligations and liabilities of the
Corporation, the remaining assets of this Corporation shall be
distributed to a nonprofit fund, foundation or Corporation which
is organized and operated exclusively for charitable purposes and
which has established its tax-exempt status under Section
501(c)(3) of the Internal Revenue Code of 1986 (or the
990624 11393-00001 is 0102701 �4) — 2 —
corresponding provision of any future United States Internal
Revenue Law) or to the City of Diamond Bar.
ARTICLE IV
MEMBERSHIP
SECTION 4.01. NO MEMBERS
This Corporation shall have no members.
SECTION 4.02 ASSOCIATES
The Corporation may refer to persons associated with it
as "members" even though such persons are not members within the
meaning of that term under Section 5056 of the California
Nonprofit Corporation Law or any corresponding Section of any
future California nonprofit corporation law. The Corporation may
confer by amendment of its Articles of Incorporation, some or all
of the rights of a member, as set forth in the California
Nonprofit Public Benefit Corporation Law, upon any person or
persons who do not have the right to vote for the selection of
directors, on disposition of substantially all of the assets of
the Corporation, on a merger or on a dissolution, or on changes
of the Corporation's Articles of Incorporation or these Bylaws,
but no such person shall be a member within the meaning of that
term under Section 5056 of the California Nonprofit Corporation
Law or any corresponding Section of any future California
Nonprofit Corporation law.
ARTICLE V
DIRECTORS
SECTION 5.01. POWERS
(a) General corporate powers. Subject to the pro-
visions and limitations of the California Nonprofit Corporation
Law and any other applicable laws, and any limitations of the
Articles of Incorporation and of these Bylaws, the activities and
affairs of the Corporation shall be managed, and all corporate
powers shall be exercised, by or under the direction of the
Board.
(b) Specific Powers. Without prejudice to these
general powers, but subject to the same limitations, the
Directors shall have the power to:
(i) Appoint and remove, at the pleasure of the
Board, all officers, agents and employees of the Corporation;
prescribe powers and duties for them that are consistent with
law, with the Articles of Incorporation and with these Bylaws;
and fix their compensation and require from them security for
faithful performance of their duties.
990624 11393-00001 j8 0102701 (4) - 3 -
(ii) Change the principal office or the principal
business office in the State of California from one location to
another; cause the Corporation to be qualified to conduct its
activities in any other state, territory, dependency or country
and conduct its activities within or outside the State of
California; and designate any place within or outside the State
of California for the holding of any meeting, including annual
meetings.
(iii) Adopt and use a corporate seal and alter the
form thereof.
(iv) Borrow money and incur indebtedness on behalf
of the Corporation and cause to be executed and delivered for the
purposes of the Corporation, in the corporate name, promissory
notes, bonds, debentures, deeds of trust, mortgages, pledges,
hypothecations and other evidences of debt and securities.
(v) Receive donations from the Donors or from any
other source in cash or in other property acceptable to them.
All donations so received shall be deposited with an Investment
Trustee by the Corporation and thereafter held, managed,
administered and disposed of by the Investment Trustee and the
Board of Directors pursuant to the terms of the Agreement. The
Board of Directors may accept donations which restrict their uses
and purposes, provided such restrictions are within the uses and
purposes set forth in Article III, and which limit the time,
manner, amount, or other terms of distribution; but, unless
otherwise specifically required, the Board of Directors may
mingle such restricted donations with other assets of the
Corporation.
(vi) The Board of Directors shall have the power
to apply funds and income of the Corporation for the purposes set
forth in Article III. In furtherance thereof, the Board of
Directors shall have the power and authority, and is directed to,
distribute the distributable income of the Corporation as they
may determine, to the uses and purposes set forth in Article III.
Unless a restricted donation provides otherwise, as used in
Section I,` distributable income" means the total holdings of the
Corporation,principal and interest, less $2,500 which will serve
as the minimum holding of the Corporation.
SECTION 5.02. NUMBER AND ELECTION OF DIRECTORS AND
LIMITATIONS AND RESTRICTIONS ON DIRECTORS
(a) Authorized number. The authorized number of
Directors shall be eleven (11) until changed by amendment of the
Bylaws.
(b) Designation and Appointment of Directors. The
original Directors shall be designated by the Incorporator(s).
Thereafter, Directors shall be appointed or elected in accordance
with the following procedure:
990624 11393-00001 is 0102701 (4) 4
(i) One (1) member of the Board of Directors
shall also be a member of the City Council appointed by the
mayor;
(ii) One (1) member of the Board of Directors
shall be a representative of thelParks and Recreation Commission
of the City of Diamond Bar appointed by the Commission annually;
(iii) Five (5) members of the Board of Directors
shall be residents of the City of Diamond Bar appointed by the
City Council; and
(iv) The remaining four (4) members of the Board
of Directors shall be residents of the City of Diamond Bar who
represent local Community organizations; including one member
representing the Chamber of Commerce, one member representing
senior groups, one member representing youth organizations, and
one member representing other service organizations. These
members of the Board of Directors shall be referred to as
"members-at-large" and shall be appointed by the Board of
Directors on a rotating basis from within each of the four
groups. These members-at-large" shall be selected by majority
vote of the Board of Directors at any annual regular or special
meeting duly called and noticed for this purpose.
(c) Limitations. Any change in the number and
qualifications of members of the Board of Directors shall be made
only by amendment to these Bylaws approved by the City Council of
the City of Diamond Bar.
(d) Restrictions onDirectors. Not more than
forty-nine percent (49%) of the persons serving on the Board may
be interested persons. An interested person is (1) any person
being compensated by the Corporation for services rendered to it
within the previous twelve (12) months, whether as a full-time or
part-time employee, independent contractor, or otherwise; and
(2) any brother, sister, ancestor, descendant, spouse,
brother-in-law, sister-in-law, son-in-law, daughter-in-law,
mother-in-law or father-in-law of such person. However, any
violation of the provisions of this paragraph shall not affect
the validity or enforceability of any transaction entered into by
the Corporation. A Director may not participate in any vote on
any proposed transaction with another organization or entity of
which such Director is also an employee, principal or director.
However, any violation of the provisions of this paragraph shall
not affect the validity or enforceability of any transaction
entered into by the Corporation. No member of the Board of
Directors shall be financially interested in any contract or
other transaction entered into by the Board of Directors. No
Director may utilize information obtained by reason of Board
membership for personal gain; the Board of Directors may recover
any such gain realized.
990624 11393-00001 js 0102701 (4) 5
SECTION 5.03. TERM OF OFFICE OF DIRECTORS
The Directors newly appointed or selected in accordance
with Section 5.02(b) shall hold office as provided below.
(a) Mayor's Appointee. The term for the Mayor's
appointee shall be two (2) years and be limited to two (2)
consecutive terms.
(b) City Council Appointees. The terms shall be two
years for City Council appointees to be limited to two (2)
consecutive terms.
(c) Members at Large Appointees. The terms for the
four (4) at -large appointees shall be either one or two year
terms limited to two (2) consecutive terms. Two of the four at -
large appointees shall serve a two (2) year term and two of them
shall serve a one year term. The term of the at -large appointees
shall be determined by random draw.
SECTION 5.04. RESTRICTIONS
(a) All terms as prescribed in this article shall
commence with the organizational meeting of the Board of
Directors and shall expire at the date of the annual meeting in
March. However, terms of office for the members of the first
board appointed by the City Council shall be concurrent with
Council terms of office.
(b) A one year period must occur before reappointment
from either Council or Community organizations (i.e., an at -large
appointee cannot become a Council appointee without an
intervening year and vice -versa).
(c) No two or more persons from the same household
shall be appointed to the Board of Directors to serve at the same
time.
SECTION 5.05. VACANCIES AND REMOVAL
(a) Events causing vacancy or removal. A vacancy or
vacancies on the Board shall exist on the occurrence of the
following: (i) the death, removal, suspension or resignation of
any Director; or (ii) the declaration by resolution of the Board
of a vacancy in the office of a Director who has been declared of
unsound mind by an order of court or convicted of a felony or has
been found by final order or judgment of any court to have
breached a duty under California Nonprofit Corporation Law or by
a vote of six (6) Directors, subject to the approval by a
three/fifths vote of the City Council. This Section is not
subject to amendment, change or alteration in any of its clauses
or provisions without the consent of the Diamond Bar City
Council.
990624 11393-00001 js 0102701 W — 6 —
(b) Resignations. Except as provided in this sub -
Section, any Director may resign effective upon giving written
notice to the Chairperson of the Board, if any, or the President
or the Secretary of the Board, unless such notice specifies a
later time for the resignation to become effective. Except upon
notice to the Attorney General of the State of California, no
Director may resign when the Corporation would then be left
without a duly elected Director or Directors in charge of its
affairs.
(c) Filling vacancies. All vacancies occurring
because of the expiration of terms or for other reasons will be
filled by the appointing body as provided in Section 5.03 above.
(d) No vacancy on reduction of number of Directors.
No reduction of the authorized number of Directors shall have the
effect of removing any Director before the Director's term of
office expires.
SECTION 5.06. PLACE OF MEETINGS;
MEETINGS BY TELEPHONE
Meetings of the Board shall be held at the principal
office of the Corporation or at such other place has been
designated by the Board. In the absence of any such designation,
meetings shall be held at the principal office of the
Corporation. Any meeting may be held by conference telephone or
similar communication equipment, so long as all Directors
participating in the meeting can hear one another, and all such
Directors shall be deemed to be present in person at such
meeting.
SECTION 5.07. ANNUAL, REGULAR AND SPECIAL MEETINGS
(a) Annual Meeting. The Board shall hold an annual
meeting in conjunction with its regularly scheduled meeting for
the month of March of each year for the purpose of organization,
election of officers and the transaction of other business;
provided, however, that the Board may fix another time for the
holding of its annual meeting. Notice of this meeting shall not
be required. A budget for the upcoming fiscal year shall be
adopted at the annual meeting each year. The Chairperson, with
assistance from the Community Services Director of the City of
Diamond Bar and the Investment Trustee, shall present a budget
for approval of the Board at the annual meeting.
(b) Other Regular Meetings. Other regular meetings
shall be held on the of each month at , at
the principal office of the Corporation, or at any other place
designated from time to time by resolution of the Board. Said
meetings shall be held without notice; provided, however, any
given monthly meeting may be dispensed with by majority vote of
the Board.
990624 11393-00001 js 0102701 (4) — 7 —
(c) Special Meetings.
(i) Autho--rity To Call. Special meetings of the
Board for any purpose may be called at any time by the
Chairperson of the Board, if any, the President or any Vice
President, or the Secretary or by a majority of the Directors.
(ii) Notice.
a. Manner of Giving Notice. Notice of the
time and place of special meetings shall be given to each
Director by one of the following methods:
1. by personal delivery of
written notice;
2. by first-class mail, postage pre-
paid;
3. by telephone, either directly to
the Director or to a person at the
Director's office who would
reasonably be expected to
communicate that notice promptly to
the Director; or
4. by telegram, charges prepaid. All
such notices shall be given or sent
to the Director's address to
telephone number as shown on the
records of the Corporation.
b. Time Requirements. Notices sent by
first-class mail shall be deposited in the United States mails at
least seven (7) days before the time set for the meeting.
Notices given by personal delivery, telephone including FAX
transmission, or telegraph shall be delivered, telephoned, or
given to the telegraph company at least forty-eight (48) hours
before the time set for the meeting.
C. Notice Contents. The notice shall state
the time of the meeting, and the place if the place is other than
the principal office of the Corporation. It need not specify the
purpose of the meeting.
d. Brown Act Requirements. All annual,
regular and special meetings shall be notified, posted and
conducted in every way consistent with the requirements set forth
in the Brown Act. All meetings of the Board shall be open and
public and all persons shall be permitted to attend any meeting
of the Board, provided, however, that the Board may hold closed
sessions during any meeting to consider those matters that may
lawfully be considered in such sessions under Chapter 9 of Part 1
990624 11393-00001 Is 0102701 (4) — 8 —
of Division 2 of Title 5 of the Government Code, commencing with
Section 54950.
SECTION 5.08. QUORUM
A majority of the authorized number of Directors
shall constitute a quorum for the transaction of business, except
to adjourn as provided in Section 5.09. Subject to the more
stringent provisions of the California Nonprofit Public Benefit
Corporation Law, including, without limitation, those provisions
relating to (i) approval of contracts or transactions in which a
Director has a direct or indirect material financial interest,
(ii) approval of certain transactions between corporations having
common directorship, (iii) creation of an appointment of
committees of the Board and (iv) indemnification of Directors,
every act or decision done or made by a majority of the Directors
present at a meeting duly held at which a quorum is present shall
be regarded as the act of the Board. A meeting at which a quorum
is initially present may continue to transact business,
notwithstanding the withdrawal of Directors, if any action taken
is approved by at least a majority of the required quorum for
that meeting.
SECTION 5.09. WAIVER OF NOTICE
Notice of a meeting need not be given any Director who
signs a waiver of notice or a written consent to holding the
meeting or an approval of the minutes thereof, whether before or
after the meeting. The waiver of notice or consent need not
specify the purpose of the meeting. All such waivers, consents
and approvals shall be filed with the corporate records or made a
part of the minutes of the meetings. Notice of a meeting need
not be given by any Director who attends the meeting without
protesting before or at its commencement the lack of notice to
such Director.
SECTION 5.10. ADJOURNMENT
A majority of the Directors present, whether or not
a quorum is present, may adjourn any meeting to another time
and place.
SECTION 5.11. NOTICE OF ADJOURNED MEETING
Notice of the time and place of holding an adjourned
meeting need not be given, unless the original meeting is
adjourned for more than twenty-four (24) hours, in which case
notice of any adjournment to another time and place shall be
given before the time of the adjourned meeting to the Directors
who were not present at the time of the adjournment.
990624 11393-00001 js 0102701 (4) — 9 —
SECTION 5.12. ACTION WITHOUT MEETING
Any action required or permitted to be taken by the
Board may be taken without a meeting, if all members of the Board
consent in writing to that action. Such action by written
consent shall have the same force and effect as any other validly
approved action of the Board. Such written consent or consents
shall be filed with the minutes of the proceedings of the Board.
For the purposes of this Section 5.11 only, "all members of the
Board" shall not include Directors who have a material financial
interest in a transaction to which the Corporation is a party.
SECTION 5.13. FEES AND COMPENSATION
This Corporation shall not compensate directors,
members of committees, officers or employees for their services,
but may reimburse directors, members of committees, officers or
employees for their reasonable and necessary expenses incurred on
behalf of the Corporation, in accordance with such rules and
procedures as may be established by the Board of Directors.
ARTICLE VI
COMMITTEES
SECTION 6.01. COMMITTEES OF THE BOARD
The Board, by resolution adopted by a majority of the
Directors then in office, may create one or more committees, each
consisting of two or more Directors, to serve at the pleasure of
the Board. Appointments to committees of the Board shall be by
majority vote of the Directors then in office. The Board may
appoint one or more -Directors as alternate members of any such
committee, who may replace an absent member at any meeting. Any
such committee, to the extent provided in the resolution of the
Board, shall have all of the authority of the Board, except that
no committee, regardless of Board resolution, may:
(a) fill vacancies on the Board or in any committee
which has the authority of the Board;
(b) establish or fix compensation of the Directors for
serving on the Board or on any committee;
(c) amend or repeal Bylaws or adopt new Bylaws;
(d) amend or repeal any resolution of the Board which
by its express terms is not so amendable or repealable;
(e) appoint any other committees of the Board or the
members of these committees;
(f) approve any contract or transaction to which the
Corporation is a party and in which one or more of its Directors
990624 11393-00001 is 0102701 (4) — 10 —
has a material financial interest, except as such approval is
provided for in Section 5233(d)(3) of the California Corporations
Code.
SECTION 6.02. MEETINGS AND ACTIONS OF THE COMMITTEES
Meetings and action of committees of the Board shall be
governed by, held and taken in accordance with the provisions of
Article V of these Bylaws, concerning meetings and other action
of the Board, except that the time for regular meetings of such
committees and the calling of special meetings thereof may be
determined either by resolution of the Board or, if there is no
Board resolution, by resolution of the committee of the Board.
Minutes shall be kept of each meeting of any committee of the
Board and shall be filed with the corporate records. The Board
may adopt rules for the government of any committee not
inconsistent with the provisions of these Bylaws or in the
absence of rules adopted by the Board, the committee may adopt
such rules.
ARTICLE VII
OFFICERS
SECTION 7.01. OFFICERS
The officers of the Corporation shall include a
President, a Secretary, and a Chief Financial Officer. The
Corporation may also have, at the Board's discretion, a
Chairperson of the Board, one or more Vice Presidents, one or
more assistant Secretaries, one or more assistant Treasurers, and
such other officers as may be appointed in accordance with
Section 7.03 of these Bylaws. Any number of offices may be held
by the same person, except that neither the Secretary nor the
Chief Financial Officer may serve concurrently as either the
President or the Chairperson of the Board.
SECTION 7.02. ELECTION OF OFFICERS
The officers of the Corporation, except those appointed
in accordance with the provisions of Section 7.03 of this Article
VII, shall be chosen by the Board of Directors, and each shall
serve at the pleasure of the Board, subject to the rights, if
any, of an officer under any contract of employment.
SECTION 7.03. OTHER OFFICERS
The Board may appoint and may authorize the Chairperson
of the Board or the President or another officer to appoint other
officers that the Corporation may requires, each of whom shall
have the title, hold office for the period, have the authority
and perform the duties specified in the Bylaws determined from
time to time by the Board.
990624 11393-00001 is 0102701 (4) — 11 —
SECTION 7.04. REMOVAL OF OFFICERS
Subject to the rights, if any, of an officer under
contract of employment, any officer may be removed, with or
without cause, by the Board of Directors, or, except in case of
an officer chosen by the Board of Directors, by an officer on
whom such power of removal may be conferred by the Board of
Directors.
SECTION 7.05. RESIGNATION OF OFFICERS
Any officer may resign upon written notice to the
Corporation without prejudice to the rights, if any, of the
Corporation under any contract to which the officer is a party.
SECTION 7.06. VACANCIES IN OFFICE
A vacancy occurring in any office because of death,
resignation, removal or other cause, shall be filled in the
manner prescribed in these Bylaws for regular appointments to
that office.
SECTION 7.07. RESPONSIBILITIES OF OFFICERS
(a) Chairperson of the Board. If a Chairperson of the
Board is elected, he or she shall preside at meetings of the
Board and shall exercise and perform such other powers and duties
as the Board may assign from time to time. If there is no
President, the Chairperson of the Board shall also be the Chief
Executive Officer and shall have the powers and duties of the
President of the Corporation prescribed by these Bylaws. The
Chairperson shall have a vote on all matters.
(b) President/Chief Executive Officer. Subject to the
control and supervision of the Board, the President shall be the
Chief Executive Officer and general manager of the Corporation
and shall generally supervise, direct and control the activities
and affairs and the officers of the Corporation. The President,
in the absence of the Chairperson of the Board, or if there be
none,.shall preside at all meetings of the Board. The President
shall have such other powers and duties as may be prescribed by
the Board or these Bylaws.
(c) Vice Chairperson. In the absence or disability of
the Chairperson, the Vice Chairperson shall perform all of the
duties of the Chairperson, and, when so acting, shall have all
the powers of and be subject to all of the restrictions upon the
Chairperson.
990624 11393-00001 j8 0102701 (4) - 12 -
(d) Secretary.
(i) Book of minutes. The Secretary shall keep or
cause to be kept, at the principal office or such other place as
the Board may direct, a book of minutes of all meetings and
actions of the Board and of committees of the Board. The
Secretary shall also keep, or cause to be kept, at the principal
office in the State of California, a copy of the Articles of
Incorporation and Bylaws, as amended to date. The Secretary
shall assist the Chairperson in the preparation of the agenda for
the meetings, shall keep a full and complete record of the
proceedings of all meetings of the Board of Directors and shall
keep the seal of this Corporation and affix the same to such
papers and instruments as may be required in the regular course
of business, shall provide such notices as may be necessary and
proper, shall supervise the keeping of the books of this
Corporation and shall discharge such other duties as pertain to
the office or as prescribed by the Board of Directors.
(ii) Notices, seal and other duties. The
Secretary shall give, or cause to be given, notice of all
meetings of the Board and of committees of the Board required by
these Bylaws to be given. The Secretary shall keep the seal of
the Corporation in safe custody and shall have such other powers
and perform such other duties as may be prescribed by the Board
or the Bylaws.
(e) Chief Financial Officer (Treasurer).
(i) Books of account. The Chief Financial
Officer of the Corporation shall keep or maintain, or cause to be
kept or maintained, adequate and correct books and accounts of
the properties and transactions of the Corporation, and shall
send or cause to be sent to the Directors such financial
statements and reports as are required by law or these Bylaws to
be given. The books of account shall be open to inspection by
any Director at all reasonable times. The Chief. Financial
Officer shall submit an annual report to the Board on the first
meeting in October of each year. In case of the absence of
disability of the Chief Financial Officer, or his or her refusal
or neglect to act, such notices may be provided by the
chairperson, or by the vice -chairperson or by any person
thereunto authorized by the chairperson or by the vice -
chairperson, or by the Board of Directors.
(ii) Deposit and disbursement of money and
valuables. The Chief Financial Officer shall deposit all money
and other valuables in the name and to the credit of the
Corporation with such depositories as may be designated by the
Board, shall disburse the funds of the Corporation as may be
ordered by the Board, shall render to the President or
Chairperson of the Board, if any, when requested, an account of
all transactions as chief financial officer and of the financial
condition of the Corporation and shall have other powers and
990624 11393-00001 js 0102701 (4) — 13 —
perform such other duties as may be prescribed by the Board or
the Bylaws. The Chief Financial Officer shall make a report
annually of the uses of the Corporation funds and shall
distribute copies to all Directors at the regular annual meeting
held in March.
(v) Bond. If required by the Board, the Chief
Financial Officer shall give the Corporation a bond in the amount
and with the surety or sureties specified by the Board for
faithful performance of the duties of the office and for
restoration to the Corporation of all its books, papers,
vouchers, money and other property of every kind in the
possession or under the control of the Chief Financial Officer
upon death, resignation, retirement or removal from office.
ARTICLE VIII
INDEMNIFICATION OF DIRECTORS, OFFICERS,
EMPLOYEES, AND OTHER AGENTS
SECTION 8.01. DEFINITIONS
For the purposes of this Article VIII, "agent" means
any person who is or was a director, officer, employee, or other
agent of the Corporation, or is or was serving at the request of
the Corporation as a director, officer, employee, or agent of
another foreign or domestic corporation, partnership, joint
venture, trust, or other enterprise; "proceeding" means any
threatened, ending, or completed action or proceeding, whether
civil, criminal, administrative, or investigative; and "expenses"
includes without limitation attorneys, fees and any expenses of
establishing a right to indemnification under Section 8.02 or
8.03 of this Article VIII.
SECTION 8.02. INDEMNIFICATION IN ACTIONS BY THIRD PARTIES
The Corporation shall have power to indemnify any
person who was or is a party or is threatened to be made a party
to any proceeding (other than an action by or in the right of the
Corporation to procure a judgment in its favor, an action brought
under Section 5233 of the California Nonprofit Public Benefit
Corporation Law, or an action brought by the Attorney General or
a person granted relator status by the Attorney General for any
breach of duty relating to assets held in charitable trust), by
reason of the fact that such person is or was an agent of the
Corporation, against expenses, judgments, fines, settlements, and
other amounts actually and reasonably incurred in connection with
such proceeding if such person acted in good faith and in a man-
ner such person reasonably believed to be in the best interests
of the Corporation and, in the case of a criminal proceeding, had
no reasonable cause to believe the conduct of such person was
unlawful. The termination of any proceeding by judgment, order,
settlement, conviction, or upon a plea of nolo contendere or its
equivalent shall not, of itself, create a presumption that the
990624 11393-00001 is 0102701 (4) — 14 —
person did not act in good faith and in a manner which the person
reasonably believed to be in the best interests of the
Corporation or that the person had reasonable cause to believe
that the person's conduct was unlawful.
SECTION 8.03. INDEMNIFICATION IN ACTIONS
BY OR IN THE RIGHT OF THE CORPORATION
The Corporation shall have the power to indemnify any
person who was or is a party or is threatened to be made a party
to any threatened, pending, or completed action by or in the
right of the Corporation, or brought under Section 5233 of the
California Nonprofit Public Benefit Corporation Law, or brought
by the Attorney General or a person granted relator status by the
Attorney General for breach of duty relating to assets held in
charitable trust, to procure a judgment in its favor by reason of
the fact that such person is or was an agent of the Corporation,
against expenses actually and reasonably incurred by such person
in connection with the defense or settlement of such action if
such person acted in good faith, in a manner such person believed
to be in the best interests of the Corporation, and with such
care, including reasonable inquiry, as an ordinarily prudent
person in a like position would use under similar circumstances.
No indemnification shall be made under this Section 8.03.
(a) In respect of any claim, issue, or matter as to
which such person shall have been adjudged to be liable to the
Corporation in the performance of such person's duty to the
Corporation, unless and only to the extent that the court in
which such proceeding is or was pending shall determine upon
application that, in view of all the circumstances of the case,
such person is fairly and reasonably entitled to indemnity for
the expenses which such court shall determine;
(b) Of amounts paid in settling or otherwise.disposing
of a threatened or pending action, with or without court
approval; or
(c) Of expenses incurred in defending a threatened or
pending action which is settled or otherwise disposed of without
court approval, unless it is settled with the approval of the
Attorney General.
SECTION 8.04. INDEMNIFICATION AGAINST EXPENSES
To the extent that a agent of the Corporation has been
successful on the merits in defense of any proceeding referred to
in Section 8.03 or 8.04 of this Article VIII or in defense of any
claim, issue, or matter therein, the agent shall be indemnified
against expenses actually and reasonably incurred by the agent in
connection therewith.
990624 11393-00001 js 0102701 (4) — 15 —
SECTION 8.05. REQUIRED DETERMINATIONS
Except as provided in Section 8.04 of this Article VIII
any indemnification under this Article VIII shall be made by the
Corporation only if authorized in the specific case, upon a
determination that indemnification of the agent is proper in the
circumstances because the agent has met the applicable standard
of conduct set forth in Section 8.02 or 8.03 of this Article
VIII, by:
(a) A majority vote of a quorum consisting of direc-
tors who are not parties to such proceeding; or
(b) The court in which such proceeding is or was pend-
ing upon application made by the Corporation or the agent or the
attorney or other person rendering services in connection with
the defense, whether or not such application by the agent,
attorney, or other person rendering services in connection with
the defense, is opposed by the Corporation. If the Board cannot
authorize indemnification because the number of Directors who are
parties to the proceeding with respect to which indemnification
is sought is such as to prevent the formation of a quorum of
Directors who are not parties to such proceeding, the Board or
the attorney or other person rendering services in connection
with the defense shall apply to the court in which such
proceeding is or was pending to determine whether the applicable
standard of conduct set forth in Section 5238(b) or Section
5238(c) has been met.
SECTION 8.06. ADVANCE OF EXPENSES
Expenses incurred in defending any proceeding may be
advanced by the Corporation prior to the final disposition of
such proceeding upon receipt of an undertaking by or on behalf of
the agent to repay such amount unless it shall be determined
ultimately that the agent is entitled to be indemnified as
authorized in this Article VIII.
SECTION 8.07. OTHER INDEMNIFICATION
No provision made by the Corporation to indemnify its
or its subsidiary's directors or officers for the defense of any
proceeding, whether contained in these Bylaws, a resolution of
directors, an agreement, or otherwise, shall be valid unless
consistent with this Article VIII. Nothing contained in this
Article VIII shall affect any right to indemnification to which
persons other than such directors and officers may be entitled by
contract or otherwise.
SECTION 8.08. FORMS OF INDEMNIFICATION NOT PERMITTED
No indemnification or advance shall be made under this
Article VIII, except as provided in Section 8.04 or 8.05(b), in
any circumstances where it appears:
990624 11393-00001 is 0102701 (4) — 16 —
(a) That it would be inconsistent with a provision of
the Articles of Incorporation, these Bylaws, or an agreement in
effect at the time of the accrual of the alleged cause of action
asserted in the proceeding in which the expenses were incurred or
otherwise amounts were paid, which prohibits or otherwise limits
indemnification; or
(b) That it would be inconsistent with any condition
expressly imposed by a court in approving a settlement.
SECTION 8.09 INSURANCE
The Corporation shall have power to purchase and
maintain insurance on behalf of any agent of the Corporation
against any liability asserted against or incurred by the agent
in such capacity or arising out of the agent's status as such
whether or not the Corporation would have the power to indemnify
the agent against such liability under the provisions of this
Article VIII, provided, however, that a Corporation shall have no
power to purchase and maintain such insurance to indemnify any
agent of the Corporation for a violation of Section 5233 of the
California Nonprofit Public Benefit Corporation Law.
SECTION 8.10. NONAPPLICABILITY TO FIDUCIARIES
OF EMPLOYEE BENEFIT PLANS
This Article VIII does not apply to any proceeding
against any trustee, investment manager, or other fiduciary of an.
employee benefit plan in such person's capacity as such, even
though such person may also be an agent of the Corporation as
defined in Section 8.ol of this Article VIII. The Corporation
shall have power to indemnify such trustee, investment manager or
other fiduciary to the extent permitted by subdivision (f) of
Section 207 of the California General Corporation Law.
ARTICLE IX
RECORDS AND REPORTS
SECTION 9.01. MAINTENANCE OF CORPORATE RECORDS
The Corporation shall keep:
(a) Adequate and correct books and records of account;
(b) Minutes in written form of the proceedings of the
Board and committees of the Board.
(c) If applicable, a record of its members, giving
their names and addresses and the class of membership held.
990624 11393-00001 Is 0102701 (4) — 17 —
SECTION 9.02. INSPECTION BY DIRECTORS
Every Director shall have the absolute right at any
reasonable time to inspect all books, records and documents of
every kind and the physical properties of the Corporation and the
records of each of its subsidiary Corporations. This inspection
by a Director may be made in person or by an agent or attorney,
and the right of inspection includes the right to copy and make
extracts of documents.
SECTION 9.03. ANNUAL REPORT
Except as provided under Section 6321(c)(d) or (f) of
the California Corporations Code, not later than one hundred
twenty (120) days after the close of the fiscal year of the
Corporation, the Board shall cause an annual report to be sent to
all members of the Board. Such report shall contain the
following information in reasonable detail:
(i) The assets
and
liabilities,
trust funds, of the Corporationas of heendofltheuh
fiscal year.
The
liabilities, including trc
trust funds, during ipal changes lthe sfiscal sts nyear.
(iii) The revenue or receipts of the Corporation,
both unrestricted and restricted to particular purposes, for the
fiscal year.
(iv) The expenses or disbursements of the Cor-
poration, for both general and restricted purposes, during the
fiscal year.
(v) Any information required by Section 9.04.
SECTION 9.04. ANNUAL STATEMENT OF CERTAIN
TRANSACTIONS AND INDEMNIFICATIONS
The Corporation shall prepare annually and furnish to
each director a statement of any transaction or indemnification
of the following kind within one hundred twenty (120) days after
the close of the fiscal year of the Corporation:
(a) Any transaction to which the Corporation, its
parent or its subsidiary was a party, and in which any Director
or officer of the Corporation, its parent or subsidiary (but mere
common director -ship shall not be considered such an interest)
had a direct or indirect material financial interest, if such
transaction involved over fifty thousand dollars ($50,000), or
was one of a number of transactions with the same person
involving, in the aggregate, over fifty thousand dollars
($50,000) .
990624 11393-00001 js 0102701 (4) — 18 —
(b) Any indemnifications or advances aggregating more
than ten thousand dollars ($10,000) paid during the fiscal year
to any officer or Director of the Corporation pursuant to Article
VIII hereof.
The statement shall include a brief description of the
transaction, the names of the Director(s) or officer(s) involved,
their relationship to the Corporation, the nature of such
person's interest in the transaction and, where practicable, the
amount of such interest; provided, that in the case of a
partnership in which such person is a partner, only the interest
of the partnership need be stated.
ARTICLE X
SECTION 10.01. INVESTMENT TRUSTEE
The Finance Officer of the City of Diamond Bar shall
serve as the Investment Trustee for the Foundation. He/She shall
have the powers and authority set out below.
SECTION 10.02. POWERS OF TRUSTEE
(a) In General. The powers of the Investment Trustee
shall be limited to investment of the Corporation property.
(b) Discretionary Powers. The Investment Trustee
shall have the following discretionary powers:
(i) To hold the principal and all money or
property given to the Trustee to invest and re -invest, unless the
deed or legacy of a particular gift or gifts specifically
authorized or requires its retention and/or use for a specific
purpose.
(ii) To invest and re -invest the principal and
undistributed income of the funds on deposit with the Trustee in
such property, real, personal or mixed and in such a manner as
it shall deem proper for the growth of capital and the production
of income, and from time to time change investments as he/she
shall deem advisable; to invest in or retain any stocks, share,
bonds, notes, obligations or personal or real property bonds,
notes, obligations, or personal or real property (including,
without limitation, any interest in or obligations of any
corporations, association, business trust, investment trust,
common trust fund or investment company) although some or all of
the property so acquired or retained is of a kind or size which,
but for this express authority, would not be considered proper
and although all of the Corporation funds are invested in one
company. No principal or income shall be loaned, directly or
indirectly, to the Investment Trustee or any member of the Board
or to anyone else, corporate or otherwise, who has at any time
made a contribution to this Corporation, nor anyone except on the
990624 11393-00001 js 0102701 (4) — 19 —
basis of a minimum of the current market interest rate and with
adequate security.
(iii) To sell, lease, or exchange any personal,
mixed or real property at public auction or by private contact,
for such consideration and on such terms as to credit or
otherwise, and to make such contracts and enter into such
undertakings relating to the Corporation property, as it
considers advisable, whether or not such leases or contracts may
extend beyond the duration of the Corporation.
(iv) To borrow money for such periods, at such
rates of interest, and upon such terms as it considers advisable,
and as security for such loans to mortgage or pledge any real or
personal property with or without power of sale; to acquire or
hold any real or personal property, subject to any mortgage or
hold any real personal property, subject to any mortgage or
pledge on or of property acquired or held by the Corporation.
(v) To execute and deliver deeds, assignments,
transfers, mortgages, pledges, leases, covenants, contracts,
promissory notes, releases, and other instruments, sealed or
unsealed, incident to any transaction in which it engages.
(vi) To vote, to give proxies, to participate in
the reorganization, merger or consolidation of any concern or in
the reorganization, merger or consolidation of any concern or in
the sale , lease, disposition, or distribution of its asset; to
join with other security holders in acting through a committee,
depository, voting trustees, or otherwise and in this connection
to delegate authority to such committee, depository, trustees and
to deposit securities with them or transfer securities to them;
to -pay assessments levied on securities or to exercise
subscription rights in respect of securities.
(vii) To hold property without indication of
fiduciary capacity but only in the name of a registered nominee,
provided the property is at all times identified as such on the
books of the Corporation; to keep any and all of the corporate
property or funds in any place or places in the United States of
America.
SECTION 10.03. ACCOUNTING
The Investment Trustee shall render an accounting of
the investment transaction concerning the Corporation to the
Board of Directors at least annually. No person or entity other
than the Board of Directors may require an accounting or bring
any action against the Investment Trustee with respect to the
Corporation or its assets. The Investment Trustee may at any
time initiate legal action or proceedings for the settlement of
its accounts and, except as otherwise required by law, the only
necessary party defendant to such action or proceedings shall be
the Board of Directors.
990624 11393-00001 is 0102701 (4) 2
SECTION 10.04. POWERS OF BOARD OF DIRECTORS
(a) In General. The Board of Directors, without
prejudice to the discretionary powers granted to the Investment
Trustee in this Article X, shall have the duty and right to
supervise the investments and activities of the Investment
Trustee.
(b) Specific Powers. The Board of Directors have the
following powers with regard to the funds controlled by the
Investment Trustee and with respect to the activities and
performance of the Investment Trustee:
(i) To modify any restriction or condition on the
distribution of funds for any specified charitable purposes or to
specified organizations, if in their sole judgment (without the
approval of any trustee, custodian or agent), such restriction or
condition becomes unnecessary, incapable of fulfillment or
inconsistent with the charitable or public benefit needs of the
City of Diamond Bar;
(ii) To replace any participating trustee,
custodian or agent for breach of fiduciary duty under the laws of
the State of California; and
(iii) To replace any participating trustee,
custodian or agent for failure to produce a reasonable (as
determined by the Board of Directors) return of net income (or
appreciation when not inconsistent with the Corporation's need
for current income) with due regard to safety of principal, over
a reasonable period of time (as determined by the Board of
Directors);
(iv) In determining whether there is a reasonable
return of net income with respect to the exercise of the power
described in subparagraph (iii) above,
there
such
determination such assetsasshall
areheldbforxthedactiveed mconduct of
the Corporation's exempt activities, and
(2) such determination shall be made
separately with respect to the restricted fund and shall be made
in the aggregate with respect to the unrestricted funds of the
Corporation.
A "restricted fund" means a fund, of any income of which has been
designated by the donor of the gift or bequest to which such
income is attributable as being available only for the use or
benefit of a named charitable organization or agency or for the
use or benefit of a particular class of charitable organizations
or agencies, the members of which are readily ascertainable and
are less than five (5) in number;
990624 11393-00001 js 0102701 (4) — 2 1 —
(v) If it appears that there may be grounds for
exercising the power described in subparagraphs (ii) or (iii) of
paragraph (b) of this Article with respect to any fund, the Board
of Directors shall notify the participating trustee, custodian or
agent involved and provide a reasonable opportunity for
explanation and/or correction. Before exercising the power
granted to the Board of Directors under subparagraphs (ii) or
(iii) of paragraph (b) of this Article, the Board of Directors
may seek advice of legal counsel as to whether a breach or
failure has been committed under the laws of the State of
California. The Board of Directors shall exercise a power
described in this Article only upon the vote of a majority of the
members of the Board of Directors; and
(vi) Upon the exercise of the power under
subparagraphs (ii) or (iii) of paragraph (b) of this Article to
replace any participating trustee, custodian, or agent, the Board
of Directors shall have the power to select a successor trustee,
custodian or agent to whose custody the fund or funds held by the
former trustee, custodian or agent shall be transferred.
ARTICLE XI
AMENDMENTS
SECTION 11.01. AMENDMENT OF BYLAWS
A simple majority of the Board may amend the Bylaws at
any meeting subject to the approval of the City Council of the
City of Diamond Bar. However, no such amendment or modification
shall alter the intention that this Corporation be operated
exclusively to implement the adopted Parks Master Plan, or for
cultural, recreational and human service purposes and in a manner
which shall make this Corporation tax exempt and the donations to
it deductible from taxable income to the extent allowed by the
provisions of the Code and other applicable legislation and
regulations as they now exist or as they may be amended in the
future. Every amendment or modification of these Bylaws shall be
in writing, shall be signed by a majority of the Board of
Directors then serving and shall be delivered to each of the
members of the Board then in office and to the Investment Trustee
then in office.
The term "majority," as used in this Section, is as
defined in the California Nonprofit Corporation Law.
SECTION 11.02. MAINTENANCE OF RECORDS
The Secretary of the Corporation shall see that a true
and correct copy of all amendments of the Bylaws, duly certified
by the Secretary, is attached to the official Bylaws of the
Corporation and is maintained with the official records of the
Corporation at the principal office of the Corporation.
990624 11393-00001 js 0102701 (4) 22
ARTICLE XII
PROXIES
Each member of the Board of Directors shall have one
vote. There shall be no proxy voting permitted for the
transaction of any of the business of this Corporation.
ARTICLE XIII
CONSTRUCTION AND DEFINITIONS
Unless the context otherwise requires, the general
provisions, rules of construction and definitions in the
California Nonprofit Public Benefit Corporation Law shall govern
the construction of these Bylaws. Without limiting the
generality of the above, the masculine gender includes the
feminine and neuter, the singular includes the plural and the
plural includes the singular and the term °person^ includes both
a legal entity and a natural person.
ARTICLE XIV
MISCELLANEOUS
SECTION 14.01. EXECUTION OF CHECKS AND DRAFTS
All checks, drafts or other orders for payment of
money, notes or other evidences of indebtedness, issued in the
name of or payable to the Corporation, shall be signed or
endorsed by such person or persons and in such manner as, from
time to time, shall be determined by resolution of the Board of
directors.
SECTION 14.02. EXECUTION OF CONTRACTS
The Board of directors, except as otherwise provided in
these Bylaws, may authorize any officer or officers, agent or
agents, to enter into any contract or execute any instrument in
the name of and on behalf of the Corporation, and such authority
may be general or confined to specific instances; and unless so
authorized by the Board of Directors, no officer, agent or
employee shall have any power or authority to bind the Cor-
poration by any contract or engagement or to pledge its credit to
render it liable for any purpose or to any amount.
SECTION 14.03. REPRESENTATION OF SHARES OF OTHER CORPORATIONS
The President or any Vice President or the Secretary or
Assistant Secretary of the Corporation from time to time desig-
nated by general resolution of the Board of Directors, and acting
individually and without necessity for specific resolution, are
authorized to vote, represent and exercise on behalf of the
Corporation all rights incident to any and all shares of any
990624 11393-00001 js 0102701 (4) — 23 —
other corporation or corporations standing in the name of the
Corporation. The authority herein granted to such officers to
vote or represent on behalf of the Corporation any and all shares
held by the Corporation in any other corporation or corporations
may be exercised either by such officers in person or by any
person authorized so to do by proxy or power of attorney duly
executed by such officers.
SECTION 14.04. LIABILITY OF DIRECTORS
AND INVESTMENT TRUSTEE
No Investment trustee or member of the Board of
Directors shall be answerable for loss in investment made in good
faith. No Investment Trustee or Member of the Board of Directors
shall be liable for the act of omissions of any other member of
the Board, or of any accountant, agent , counsel or custodial
selected with reasonable care. Each Investment Trustee or member
of the Board shall be fully protected in acting upon any
instrument, certificate or paper, believed by him/her to be
genuine and to be signed or presented by the proper person or
persons and no Investment Trustee or member of the Board shall be
under any duty to make any investigation or inquiry as to any
statement contained in any such writing but may accept the same
as conclusive evidence of the truth and accuracy of the statement
therein contained.
SECTION 14.05. CERTIFICATE OF SECRETARY
A Certificate of the Secretary of this Corporation
shall be affixed to the original, or most recent amended version
of the Bylaws, such Certificate to be in the following form
990624 11393-00001 js 0102701 (4) 24
CERTIFICATE OF SECRETARY
I certify that I am the duly elected and acting
Secretary of , a California Nonprofit Public
Benefit Corporation, that the above bylaws, consisting of
(_) pages, are the bylaws of this Corporation as
adopted by the board of directors on , 199_, and that
they have not been amended or modified since that date.
Executed on 199 at
California.
Secretary
990624 11393-00001 js 0102701 (4)
BBYLAWSo e OF
THE DIAMOND BAR COMMUNITY FOUNDATION
(a California Nonprofit Public Benefit Corporation)
ARTICLE I
NAME
The name of this f rratle ' J [Corporation] is THE
DIAMOND BAR COMMUNITY FOUNDATION.
ARTICLE II
OFFICES
SECTION 2.01. PRINCIPAL OFFICE
The principal office for the transaction of the
activities and affairs of the (eEa yea) [Corporation]
("principal office") is located at [21660 East Copley Drive,
Diamond Bar], California. The Board of Directors ("the Board")
may change the principal office from one location to another.
Any change of location of the principal office shall be noted by
the Secretary on these Bylaws opposite this Section,, or this
Section may be amended to state the new location.
SECTION 2.02. OTHER OFFICES.
The Board may at any time establish branch or subor-
dinate offices at any place or places where the (eeEpera 'ea)
[Corporation] is qualified to conduct its activities.
ARTICLE III
PURPOSES AND LIMITATIONS
SECTION 3.01. PURPOSES
This TeeEpeEat_e ., nenp f • ` b ben
eer-pe-- b;�
tiers) [Corporation is a Nonprofit Public Benefit Cor-
poration] and is not organized for the private gain of any
person. It is organized under the California Nonprofit Public
Benefit Corporation Law for charitable and public purposes. This
f ^Eatje"l [Corporation] is organized exclusively for chari-
table [and other] purposes within the meaning of Section
501(c)(3) of the Internal Revenue Code of 1986 (or the
corresponding provision of any future United State Internal
Revenue Law). [The Corporation intends to establish a permanent
endowment fund which will be used to lessen the burdens of
government by assisting the City of Diamond Bar in charitable and
other public purpose projects. The specific public and
990624 11393-00001 is 0102701.red Old: 0102685 New: 0102701
charitable purposes for which this Corporation is organized are
to lessen the burdens of government, to promote the
implementation of the Parks Master Plan of 1998 of the City of
Diamond Bar and to support the cultural, recreational and human
service needs of the City of Diamond Bar.] Notwithstanding any
other provision of these Bylaws, this jeeE .rade^) [Corporation]
shall not, except to an insubstantial degree, carry on or engage
in any activities or exercise any powers that are not in
furtherance of the purposes of this {cerperati-en} [Corporation,]
and the f e,.EpeE.. t ; e t [Corporation] shall not carry on any other
activities not permitted to be carried on j(i)) by a corporation
exempt from Federal income tax under Section 501(c)(3) of the
Internal Revenue Code of 1986 (or the corresponding provision of
any future United States Internal Revenue Law) f. 4i)) [or] by a
corporation, contributions to which are deductible under Section
170(c)(2) of the Internal Revenue Code of 1986 (or the
corresponding provision of any future United States Internal
Revenue Law).
SECTION 3.02. LIMITATIONS
(a) Political activity. No substantial part of the
activities of this f ^^rper-a l e i [Corporation] shall consist of
carrying on propaganda, or otherwise attempting to influence
legislation, and this feeEpeE tion) [Corporation] shall not
participate in or intervene in (including the publishing or
distributing of statements in connection with) any political
campaign on behalf of any candidate for public office.
(b) Property. The property, assets, profits and net
income are dedicated irrevocably to the purposes set forth in
Section 3.01 above. No part of the profits or net earnings of
this jeeFpeEatie t [Corporation] shall ever inure to the benefit
of any of its Directors, trustees, officers, members (if any),
employees, or to the benefit of any private individual.
(c) [General Activities. In carrying out the purposes
set forth in Section 3.01 above, the Corporation shall not, in
any manner, be utilized to discharge ?
obligations of the City of Diamond Bar. The support and
promotion of charitable, cultural, recreational and human
services afforded by this Corporation is in addition, and
supplementary to, any budgeting program sponsored by the City,
and the use of the assets, funds or personnel of this Corporation
in routine operations of the City of Diamond Bar (other than
those established by the Corporation) shall be a violation of the
purposes herein expressed.
(d)] Dissolution. Upon the winding up and dissolution
of this feerper tlea) [Corporation], after paying or adequately
providing for the payment of the debts, obligations and liabili-
ties of the (eeEpgEatie ) [Corporation], the remaining assets of
this f eerpeEat; ..a 1 [Corporation] shall be distributed to a
nonprofit fund, foundation or jeerperat en) [Corporation] which
990624 11393-00001 js 0102701.red - 2 - Old: 0102685 New: 0102701
is organized and operated exclusively for charitable purposes and
which has established its tax-exempt status under Section
501(c)(3) of the Internal Revenue Code of 1986 (or the
corresponding provision of any future United States Internal
Revenue Law) or to the City of f T a Mi rad 1 [Diamond Bar] .
ARTICLE IV
MEMBERSHIP
SECTION 4.01. NO MEMBERS
This-feerpoEatsoa [Corporation] shall have no members.
SECTION 4.02 ASSOCIATES
The eerrpeEa ; e ) [Corporation] may refer to persons
associated with it as "members" even though such persons are not
members within the meaning of that term under Section 5056 of the
California Nonprofit Corporation Law or any corresponding Section
of any future California nonprofit corporation law. The
feerpeEat en) [Corporation] may confer by amendment of its
Articles of Incorporation, some or all of the rights of a member,
as set forth in the California Nonprofit Public Benefit
Corporation Law, upon any person or persons who do not have the
right to vote for the selection of directors, on disposition of
substantially all of the assets of the Lae pert: )
[Corporation], on a merger or on a dissolution, or on changes of
�
the _ t --- [Corporation's] Articles of Incorporation or
these Bylaws, but no such person shall be a member within the
meaning of that term under Section 5056 of the California
Nonprofit Corporation Law or any corresponding Section of any
future California Nonprofit Corporation law.
ARTICLE V
DIRECTORS
SECTION 5.01. POWERS
(a) General corporate Dowers. Subject to the pro-
visions and limitations of the California Nonprofit Corporation
Law and any other applicable laws, and any limitations of the
Articles of Incorporation and of these Bylaws, the activities and
affairs of the ieeE..era ' ) [Corporation] shall be managed, and
all corporate powers shall be exercised, by or under the
direction of the Board.
(b) Specific Powers. Without prejudice to these
general powers, but subject to the same limitations, the
Directors shall have the power to:
(i) Appoint and remove, at the pleasure of the
Board, all officers, agents and employees of the eerpeL-a j )
990624 11393-00001 js 0102701.red - 3 - Old: 0102685 New: 0102701
[Corporation]; prescribe powers and duties for them that are
consistent with law, with the Articles of Incorporation and with
these Bylaws; and fix their compensation and require from them
security for faithful performance of their duties.
(ii) Change the Principal office or the principal
business office in the State of California from one location to
another; cause the f ,,..r_..eEa ; e ) [Corporation] to be qualified to
conduct its activities in any other state, territory, dependency
or country and conduct its activities within or outside the State
of California; and designate any place within or outside the
State of California for the holding of any meeting, including
annual meetings.
(iii) Adopt and use a corporate seal and alter the
form thereof.
(iv) Borrow money and incur indebtedness on behalf
of the feerp tiea1 [Corporation] and cause to be executed and
delivered for the purposes of the (eeEperratie ) [Corporation] , in
the corporate name, promissory notes, bonds, debentures, deeds of
trust, mortgages, pledges, hypothecations and other evidences of
debt and securities.
[(v) Receive donations from the Donors or from any
other source in cash or in other property acceptable to them.
All donations so received shall be deposited with an Investment
Trustee by the Corporation and thereafter held, managed,
administered and disposed of by the Investment Trustee and the
Board of Directors pursuant to the terms of the Agreement. The
Board of Directors may accept donations which restrict their uses
and purposes, provided such restrictions are within the uses and
purposes set forth in Article III, and which limit the time,
manner, amount, or other terms of distributions but, unless
otherwise specifically required, the Board of Directors may
mingle such restricted donations with other assets of the
Corporation.
(vi) The Board of Directors shall have the power
to apply funds and income of the Corporation for the purposes set
forth in Article III. In furtherance thereof, the Board of
Directors shall have the power and authority, and is directed to,
distribute the distributable income of the Corporation as they
may determine, to the uses and purposes set forth in Article III.
Unless a restricted donation provides otherwise, as used in
Section I, "distributable income" means the total holdings of the
Corporation, principal and interest, less $2,500 which will serve
as the minimum holding of the Corporation.]
SECTION 5.02. NUMBER AND ELECTION OF DIRECTORS
+AND [LIMITATIONS AND] RESTRICTIONS ON DIRECTORS
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(a) Authorized number. The authorized number of
Directors shall be Tat !east thEee, Nat net than nine)
[eleven (11)] until changed by amendment of the Bylaws.
(b) f E" eet en [Designation and Appointment] of
Directors. The original Directors shall be designated by the
Incorporator(s). Thereafter, [Directors shall be appointed or
elected in accordance with the following procedure:
(i) One (1) member of] the Board of Directors
[shall also be a member of the City Council appointed by the
mayors
(ii) one (1) member of the Board of Directors
shall be a representative of the Parks and Recreation Commission
of the City of Diamond Bar appointed by the Commission annually]
(iii) Five (5) members of the Board of Directors
shall be residents of the City of Diamond Bar appointed by the
City Councils and
(iv) The remaining four (4) members of the Board
of Directors shall be residents of the City of Diamond Bar who
represent local Community organizations including one member
representing the Chamber of Commerce, one member representing
senior groups, one member representing youth organizations, and
one member representing other service organizations. These
members of the Board of Directors shall be referred to as
"members -at -large" and shall be appointed by the Board of
Directors on a rotating basis from within each of the four
groups. These "members -at -large" shall be selected by majority
vote of the Board o -f Directors at any annual] regular or special
meeting duly (netieed and Balled fer this purpes . Eaeh -DEeeteE,
ioeluding a D!EeoteE eleeted to fill a vaeaney 9E .., eetea at a
speeial member's meeting, shall held effiee until expiratien ef
[called and noticed for this purpose.]
T(e))[(c) Limitations. Any change in the number and
qualifications of members of the Board of Directors shall be made
only by amendment to these Bylaws approved by the City Council of
the City of Diamond Bar.
(d)] Restrictions on Directors. Not more than
forty-nine percent (49%) of the persons serving on the Board may
be interested persons. An interested person is (1) any person
being compensated by the feeEper^tien) [Corporation] for services
rendered to it within the previous twelve (12) months, whether as
a full-time or part-time employee, independent contractor, or
otherwise; and (2) any brother, sister, ancestor, descendant,
spouse, brother-in-law, sister-in-law, son-in-law,
daughter-in-law, mother-in-law or father-in-law of such person.
However, any violation of the provisions of this paragraph shall
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not affect the validity or enforceability of any transaction
entered into by the ie rpeEatiea) [Corporation] . A Director may
not participate in any vote on any proposed transaction with
another organization or entity of which such Director is also an
employee, principal or director. However, any violation of the
provisions of this paragraph shall not affect the validity or
enforceability of any transaction entered into by the
(eeEperatiee. [Corporation. No member of the Board of Directors
shall be financially interested in any contract or other
transaction entered into by the Board of Directors. No Director
may utilize information obtained by reason of Board membership
for personal gains the Board of Directors may recover any such
gain realized.]
SECTION 5.03. TERM OF OFFICE OF DIRECTORS
The Directors newly appointed or selected in accordance
with Section 5.02(b) shall hold office ffeE a to Em e€ five (5)
[as provided below.]
L �'�8P7—�—A4 VAC--AW)[(a) MaYorts Appointee. The
term for the Mayors appointee shall be two (2) years and be
limited to two (2) consecutive terms.
(b) City Council Appointees. The terms shall be two
years for City Council appointees to be limited to two (2)
consecutive terms.
(c) Members at Large Appointees. The terms for the
four (4) at -large appointees shall be either one or two year
terms limited to two (2) consecutive terms. Two of the four
at -large appointees shall serve a two (2) year term and two of
them shall serve a one year term. The term of the at -large
appointees shall be determined by random draw.
SECTION 5.04. RESTRICTIONS
(a) All terms as prescribed in this article shall
commence with the organizational meeting of the Board of
Directors and shall expire at the date of the annual meeting in
March. However, terms of office for the members of the first
board appointed by the City Council shall be concurrent with
Council terms of office.
(b) A one year period must occur before reappointment
from either Council or Community organizations (i.e., an at -large
appointee cannot become a Council appointee without an
intervening year and vice -versa).
(c) No two or more persons from the same household
shall be appointed to the Board of Directors to serve at the same
time.
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SECTION 5.05. VACANCIES AND REMOVAL]
(a) Events causing vacancy [or removal]. A vacancy or
vacancies on the Board shall exist on the occurrence of the
following: (i) the death, removal, suspension or resignation of
any Director; or (ii) the declaration by resolution of the Board
of a vacancy in the office of a Director who has been declared of
unsound mind by an order of court or convicted of a felony or has
been found by final order or judgment of any court to have
breached a duty under California Nonprofit Corporation Law [or by
a vote of six (6) Directors, subject to the approval by a
three/fifths vote of the City Council. This Section is not
subject to amendment, change or alteration in any of its clauses
or provisions without the consent of the Diamond Bar City
Council] .
(b) Resignations. Except as provided in this sub -
Section, any Director may resign effective upon giving written
notice to the f.,ti....:,man+ [Chairperson] of the Board, if any, or
the President or the Secretary of the Board, unless such notice
specifies a later time for the resignation to become effective.
Except upon notice to the Attorney General of the State of
California, no Director may resign when the f EpeFa ien) [Cor-
poration] would then be left without a duly elected Director or
Directors in charge of its affairs.
(c) Filling vacancies.
net 1 s--t-han a queruffil -er-by a sale - q DIEee ter-. [All
vacancies occurring because of the expiration of terms or for
other reasons will be filled by the appointing body as provided
in Section 5.03 above.]
(d) No vacancy on reduction of number of Directors.
No reduction of the authorized number of Directors shall have the
effect of removing any Director before the Director's term of
office expires.
SECTION �5.05[5.06]. PLACE OF MEETINGS;
MEETINGS BY TELEPHONE
Meetings of the Board shall be held at the principal
office of the feeEpeE tleaj [Corporation] or at such other place
has been designated by the Board. In the absence of any such
designation, meetings shall be held at the principal office of
the (eeE....r. tjen^ [Corporation] . Any meeting may be held by
conference telephone or similar communication equipment, so long
as all Directors participating in the meeting can hear one
another, and all such Directors shall be deemed to be present in
person at such meeting.
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SECTION 4-'G6 [5.07 , ] ANNUAL, REGULAR AND SPECIAL MEETINGS
(a) Annual Meeting. The Board shall hold an annual
meeting in conjunction with its regularly scheduled meeting for
the month of 4 [March] of each year for the purpose of
organization, election of officers and the transaction of other
business; provided, however, that the Board may fix another time
for the holding of its annual meeting. Notice of this meeting
shall not be required. [A budget for the upcoming fiscal year
shall be adopted at the annual meeting each year. The
Chairperson, with assistance from the Community Services Director
of the City of Diamond Bar and the Investment Trustee, shall
present a budget for approval of the Board at the annual
meeting.]
(b) Other Reqular Meetings. Other regular meetings
shall be held on the �[ ] of each month at
[ 1, at the principal office of the
[Corporation], or at any other place designated
from time to time by resolution of the Board. Said meetings
shall be held without notice; provided, however, any given
monthly meeting may be dispensed with by majority vote of the
Board.
(c) Special Meetings.
(i) Authority To Call. Special meetings of the
Board for any purpose may be called at any time by the (Gha Efaa.t
[Chairperson] of the Board, if any, the President or any Vice
President, or the Secretary or (any tiVpe-). [by a majority of the]
Directors.
(ii) Notice.
a. Manner of Giving Notice. Notice of the
time and place of special meetings shall be given to each
Director by one of the following methods:
1. by personal delivery of
written notice;
2. by first-class mail, postage
pre -paid;
3. by telephone, either directly to
the Director or to a person at the
Director's office who would
reasonably be expected to
communicate that notice promptly to
the Director; or
4. by telegram, charges prepaid. All
such notices shall be given or sent
to the Director's address to
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telephone number as shown on the
records of the (eeEpeEat4enj
[Corporation] .
b. Time Requirements. Notices sent by
first-class mail shall be deposited in the United States mails at
least ffeur (44 [seven (7)] days before the time set for the
meeting. Notices given by personal delivery, telephone including
FAX transmission, or telegraph shall be delivered, telephoned, or
given to the telegraph company at least forty-eight (48) hours
before the time set for the meeting.
C. Notice Contents. The notice shall state
the time of the meeting, and the place if the place is other than
the principal office of the f ^`'^� [Corporation]. It need
not specify the purpose of the meeting.
[d. Brown Act Requirements. All annual,
regular and special meetings shall be notified, posted and
conducted in every way consistent with the requirements set forth
in the Brown Act. All meetings of the Board shall be open and
public and all persons shall be permitted to attend any meeting
of the Board, provided, however, that the Board may hold closed
sessions during any meeting to consider those matters that may
lawfully be considered in such sessions under Chapter 9 of Part 1
of Division 2 of Title 5 of the Government Code, commencing with
Section 54950.
SECTION 5.08.1 j6EGTIGN 5.97.1 QUORUM
A majority of the authorized number of Directors
shall constitute a quorum for the transaction of business, except
to�adjourn as provided in Section 5.09. Subject to the more
stringent provisions of the California Nonprofit Public Benefit
Corporation Law, including, without limitation, those provisions
relating to (i) approval of contracts or transactions in which a
Director has a direct or indirect material financial interest,
(ii) approval of certain transactions between corporations having
common directorship, (iii) creation of an appointment of
committees of the Board and (iv) indemnification of Directors,
every act or decision done or made by a majority of the Directors
present at a meeting duly held at which a quorum is present shall
be regarded as the act of the Board. A meeting at which a quorum
is initially present may continue to transact business,
notwithstanding the withdrawal of Directors, if any action taken
is approved by at least a majority of the required quorum for
that meeting.
SECTION {5.98) [5-091. WAIVER OF NOTICE
Notice of a meeting need not be given any Director who
signs a waiver of notice or a written consent to holding the
meeting or an approval of the minutes thereof, whether before or
after the meeting. The waiver of notice or consent need not
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specify the purpose of the meeting. All such waivers, consents
and approvals shall be filed with the corporate records or made a
part of the minutes of the meetings. Notice of a meeting need
not be given by any Director who attends the meeting without
protesting before or at its commencement the lack of notice to
such Director.
SECTION ICno l [5.10.] ADJOURNMENT
A majority of the Directors present, whether or not
a quorum is present, may adjourn any meeting to another time
and place.
SECTION (5.19� [5.11]. NOTICE OF ADJOURNED MEETING
Notice of the time and place of holding an adjourned
meeting need not be given, unless the original meeting is
adjourned for more than twenty-four (24) hours, in which case
notice of any adjournment to another time and place shall be
given before the time of the adjourned meeting to the Directors
who were not present at the time of the adjournment.
SECTION (5-11- [5.121. ACTION WITHOUT MEETING
Any action required or permitted to be taken by the
Board may be taken without a meeting, if all members of the Board
consent in writing to that action. Such action by written
consent shall have the same force and effect as any other validly
approved action of the Board. Such written consent or consents
shall be filed with the minutes of the proceedings of the Board.
For the purposes of this Section 5.11 only, ,all members of the
Board" shall not include Directors who have a material financial
interest in a transaction to which the leeEpeEatienj
[Corporation] is a party.
SECTION }.[5.13]. FEES AND COMPENSATION
This (eeFperatleRL [Corporation] shall not compensate
directors, members of committees, officers or employees for their
services, but may reimburse directors, members of committees,
officers or employees for their reasonable and necessary expenses
incurred on behalf of the jeerpeEatienj [Corporation], in
accordance with such rules and procedures as may be established
by the Board of Directors.
ARTICLE VI
COMMITTEES
SECTION 6.01. COMMITTEES OF THE BOARD
The Board, by resolution adopted by a
Directors then in office, may create one or more
consisting of two or more Directors, to serve at
majority of the
committees, each
the pleasure of
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the Board. Appointments to committees of the Board shall be by
majority vote of the Directors then in office. The Board may
appoint one or more Directors as alternate members of any such
committee, who may replace an absent member at any meeting. Any
such committee, to the extent provided in the resolution of the
Board, shall have all of the authority of the Board, except that
no committee, regardless of Board resolution, may:
(a) fill vacancies on the Board or in any committee
which has the authority of the Board;
(b) establish or fix compensation of the Directors for
serving on the Board or on any committee;
(c) amend or repeal Bylaws or adopt new Bylaws;
(d) amend or repeal any resolution of the Board which
by its express terms is not so amendable or repealable;
(e) appoint any other committees of the Board or the
members of these committees;
(f) approve any contract or transaction to which the
jai„=i) [Corporation] is a party and in which one or more
of its Directors has a material financial interest, except as
such approval is provided for in Section 5233(d)(3) of the
California Corporations Code.
SECTION 6.02. MEETINGS AND ACTIONS OF THE COMMITTEES
Meetings and action of committees of the Board shall be
governed by, held and taken in accordance with the provisions of
Article V of these Bylaws, concerning meetings and other action
of the Board, except that the time for regular meetings of such
committees and the calling of special meetings thereof may be
determined either by resolution of the Board or, if there is no
Board resolution, by resolution of the committee of the Board.
Minutes shall be kept of each meeting of any committee of the
Board and shall be filed with the corporate records. The Board
may adopt rules for the government of any committee not
inconsistent with the provisions of these Bylaws or in the
absence of rules adopted by the Board, the committee may adopt
such rules.
ARTICLE VII
OFFICERS
SECTION 7.01. OFFICERS
The officers of the (eeEpeEatien [Corporation] shall
include a President, a Secretary, and a Chief Financial Officer.
The `r..v..._�
-pe ats9=+ [Corporation] may also have, at the Board's
discretion, a leha r_ -m1 [Chairperson] of the Board, one or more
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Vice Presidents, one or more assistant Secretaries, one or more
assistant Treasurers, and such other officers as may be appointed
in accordance with Section 7.03 of these Bylaws. Any number of
offices may be held by the same person, except that neither the
Secretary nor the Chief Financial Officer may serve concurrently
as either the President or the lGh
-4�r [Chairperson] of the
Board.
SECTION 7.02. ELECTION OF OFFICERS
The officers of the "c
(e9 P�r,�' � [Corporation], except
appointed in
those a��
accordance with the provisions of Section 7.03
of this Article VII, shall be chosen by the Board of Directors,
and each shall serve at the pleasure of the Board, subject to the
rights, if any, of an officer under any contract of employment.
SECTION 7.03. OTHER OFFICERS
The Board may appoint and may authorize the fGha jv t
[Chairperson] of the Board or the President or another officer to
appoint other officers that the }3
corpor
requires, each of whom shall have the tiitlee,hold officeoformay the
period, have the authority and perform the duties specified in
the Bylaws determined from time to time by the Board.
SECTION 7.04. REMOVAL OF OFFICERS
Subject to the rights, if any, of an officer under
contract of employment, any officer may be removed, with or
without cause, by the Board of Directors, or, except in case of
an officer chosen by the Board of Directors, by an officer on
whom such power of removal may be conferred by the Board of
Directors.
SECTION 7.05. RESIGNATION OF OFFICERS
Any officer may resign upon written notice to the
-le a�[Corporation] without prejudice to the rights, if
any, of the [Corporation] under any contract to
which the officer is a party.
SECTION 7.06. VACANCIES IN OFFICE
A vacancy occurring in any office because of death,
resignation, removal or other cause, shall be filled in the
manner prescribed in these Bylaws for regular appointments to
that office.
SECTION 7.07. RESPONSIBILITIES OF OFFICERS
ic-h(a) Jam-=-- [Chairperson] of the Board. If a
<i [Chairperson] of the Board is elected, he or she shall
preside at meetings of the Board and shall exercise and perform
such other powers and duties as the Board may assign from time to
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time. If there is no President, the (Gha rmaa [Chairperson] of
the Board shall also be the Chief Executive Officer and shall
have the powers and duties of the President of the (rper-tet'e )
[Corporation] prescribed by these Bylaws. [The Chairperson shall
have a vote on all matters.]
(b) President/Chief Executive Officer. Subject to the
control and supervision of the Board, the President shall be the
Chief Executive Officer and general manager of the feeEpeEat le )
[Corporation] and shall generally supervise, direct and control
the activities and affairs and the officers of the
[Corporation] . The President, in the absence of the
[Chairperson] of the Board, or if there be none, shall preside at
all meetings of the Board. The President shall have such other
powers and duties as may be prescribed by the Board or these
Bylaws.
(c) Vice fPEesi e„}&1 [Chairverson]. In the absence
or disability of the resident, theyieeP Nesidents, if any, if,
erderef their- rte} [Chairperson, the Vice Chairperson] shall
perform all of the duties of the (PEes ide-nt [Chairperson], and,
when so acting, shall have all the powers of and be subject to
all of the restrictions upon the (PEesident. The V4ee Presidents
[Chairperson.]
(d) Secretary.
(i) Book of minutes. The Secretary shall keep or
cause to be kept, at the principal office or such other place as
the Board may direct, a book of minutes of all meetings and
actions of the Board and of committees of the Board. The
Secretary shall also keep, or cause to be kept, at the principal
office in the State of California, a copy of the Articles of
Incorporation and Bylaws, as amended to date. (if the
eerperatiea-isee- having --me"er-s, the SeeFetar
maiatawn a eemplete and aeeuEate-EeeeEd of the membership ef the
egEperatien, as- well -a$--a-} [The Secretary shall assist the
Chairperson in the preparation of the agenda for the meetings,
shall keep a full and complete] record of the proceedings of all
meetings of the (membe-rehip.) [Board of Directors and shall keep
the seal of this Corporation and affix the same to such papers
and instruments as may be required in the regular course of
business, shall provide such notices as may be necessary and
proper, shall supervise the keeping of the books of this
Corporation and shall discharge such other duties as pertain to
the office or as prescribed by the Board of Directors.]
(ii) Notices, seal and other duties. The
Secretary shall give, or cause to be given, notice of all
meetings of the Board and of committees of the Board required by
these Bylaws to be given. The Secretary shall keep the seal of
the jeeEper tiea) [Corporation] in safe custody and shall have
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such other powers and perform such other duties as may be
prescribed by the Board or the Bylaws.
(e) Chief Financial Officer [(Treasurer)].
(i) Books of account. The Chief Financial
Officer of the eeEp tiea) [Corporation] shall keep or
maintain, or cause to be kept or maintained, adequate and correct
books and accounts of the properties and transactions of the
(eerpe,at4o + [Corporation], and shall send or cause to be sent
to the Directors such financial statements and reports as are
required by law or these Bylaws to be given. The books of
account shall be open to inspection by any Director at all
reasonable times. [The Chief Financial Officer shall submit an
annual report to the Board on the f meeting in October of
each year. In case of the absence f s y of the Chief
Financial Officer, or his or her re al or neglect to act, such
notices may be provided by the chairperson, or by the
vice -chairperson or by any person thereunto authorized by the
chairperson or by the vice -chairperson, or by the Board of
Directors.]
(ii) Deposit and disbursement of money and
valuables. The Chief Financial Officer shall deposit all money
and other valuables in the name and to the credit of the
f^^rpeE-& l [Corporation] with such depositories as may be
designated by the Board, shall disburse the funds of the
ton r^^Eatle ) [Corporation] as may be ordered by the Board, shall
render to the President or jGha!Emaa [Chairperson] of the Board,
if any, when requested, an account of all transactions as jGhief
[chief financial officer] and of the financial
condition of the jeerpe at=e [Corporation] and shall have other
powers and perform such other duties as may be prescribed by the
Board or the Bylaws. [The Chief Financial Officer shall make a
report annually of the uses of the Corporation funds and shall
distribute copies to all Directors at the regular annual meeting
held in March.
(v)]{ -(44i}) Bond. If required by the Board,
the Chief Financial Officer shall give the feeEpeEat len)
[Corporation] a bond in the amount and with the surety or
sureties specified by the Board for faithful performance of the
duties of the office and for restoration to the f^errpeE t lea)
[Corporation] of all its books, papers, vouchers, money and other
property of every kind in the possession or under the control of
the Chief Financial Officer upon death, resignation, retirement
or removal from office.
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ARTICLE VIII
INDEMNIFICATION OF DIRECTORS, OFFICERS,
EMPLOYEES, AND OTHER AGENTS
SECTION 8.01. DEFINITIONS
For the purposes of this Article VIII, "agent" means
any person who is or was a director, officer, employee, or other
agent of the f..eEpeEa ; e l [Corporation] , or is or was serving at
the request of the f^ peEat ea) [Corporation] as a director,
officer, employee, or agent of another foreign or domestic
corporation, partnership, joint venture, trust, or other enter-
prise; "proceeding" means any threatened, ending, or completed
action or proceeding, whether civil, criminal, administrative, or
investigative; and "expenses" includes without limitation
attorneys' fees and any expenses of establishing a right to
indemnification under Section 8.02 or 8.03 of this Article VIII.
SECTION 8.02. INDEMNIFICATION IN ACTIONS BY THIRD PARTIES
The f eerperat: _„ t [Corporation] shall have power to
indemnify any person who was or is a party or is threatened to be
made a party to any proceeding (other than an action by or in the
right of the f,,,.EpeE..tiga) [Corporation] to procure a judgment in
its favor, an action brought under Section 5233 of the California
Nonprofit Public Benefit Corporation Law, or an action brought by
the Attorney General or a person granted relator status by the
Attorney General for any breach of duty relating to assets held
in charitable trust), by reason of the fact that such person is
or was an agent of the feerpeE t;e t [Corporation], against ex-
penses, judgments, fines, settlements, and other amounts actually
and reasonably incurred in connection with such proceeding if
such person acted in good faith and in a manner such person
reasonably believed to be in the best interests of the
,eexperat ien) [Corporation] and, in the case of a criminal pro-
ceeding, had no reasonable cause to believe the -conduct of such
person was unlawful. The termination of any proceeding by
judgment, order, settlement, conviction, or upon a plea of nolo
contendere or its equivalent shall not, of itself, create a
presumption that the person did not act in good faith and in a
manner which the person reasonably believed to be in the best
interests of the f,...r.. eE t; e ) [Corporation] or that the person
had reasonable cause to believe that the person's conduct was
unlawful.
SECTION 8.03. INDEMNIFICATION IN ACTIONS
BY OR IN THE RIGHT OF THE CORPORATION
The (eerperatlen) [Corporation] shall have the power to
indemnify any person who was or is a party or is threatened to be
made a party to any threatened, pending, or completed action by
or in the right of the j eer-p..r.,.. ien) [Corporation] , or brought
under Section 5233 of the California Nonprofit Public Benefit
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Corporation Law, or brought by the Attorney General or a person
granted relator status by the Attorney General for breach of duty
relating to assets held in charitable trust, to procure a
judgment in its favor by reason of the fact that such person is
or was an agent of the (eerperat en) [Corporation], against
expenses actually and reasonably incurred by such person in
connection with the defense or settlement of such action if such
person acted in good faith, in a manner such person believed to
be in the best interests of the feerpeE tion) [Corporation], and
with such care, including reasonable inquiry, as an ordinarily
prudent person in a like position would use under similar
circumstances. No indemnification shall be made under this
Section 8.03.
(a) In respect of any claim, issue, or matter as to
which such person shall have been adjudged to be liable to the
feerper-at en) [Corporation] in the performance of such person's
duty to the (eeEperrat ie ) [Corporation], unless and only to the
extent that the court in which such proceeding is or was pending
shall determine upon application that, in view of all the circum-
stances of the case, such person is fairly and reasonably
entitled to indemnity for the expenses which such court shall
determine;
(b) Of amounts paid in settling or otherwise disposing
of a threatened or pending action, with or without court
approval; or
(c) Of expenses incurred in defending a threatened or
pending action which is settled or otherwise disposed of without
court approval, unless it is settled with the approval of the
Attorney General.
SECTION 8.04. INDEMNIFICATION AGAINST EXPENSES
To the extent that a agent of the (eer-pea t iea)
[Corporation] has been successful on the merits in defense of any
proceeding referred to in Section 8.03 or 8.04 of this Article
VIII or in defense of any claim, issue, or matter therein, the
agent shall be indemnified against expenses actually and
reasonably incurred by the agent in connection therewith.
SECTION 8.05. REQUIRED DETERMINATIONS
Except as provided in Section 8.04 of this Article VIII
any indemnification under this Article VIII shall be made by the
(eerper-at ea) [Corporation] only if authorized in the specific
case, upon a determination that indemnification of the agent is
proper in the circumstances because the agent has met the
applicable standard of conduct set forth in Section 8.02 or 8.03
of this Article VIII, by:
(a) A majority vote of a quorum consisting of direc-
tors who are not parties to such proceeding; or
990624 11393-00001 js 0102701.red 16 Old: 0102685 New: 0102701
(b) The court in which such proceeding is or was pend-
ing upon application made by the EpeEat'_=n; [Corporation] or
the agent or the attorney or other person rendering services in
connection with the defense, whether or not such application by
the agent, attorney, or other person rendering services in
connection with the defense, is opposed by the f eer-per .} ; e t
[Corporation]. If the Board cannot authorize indemnification
because the number of Directors who are parties to the proceeding
with respect to which indemnification is sought is such as to
prevent the formation of a quorum of Directors who are not
parties to such proceeding, the Board or the attorney or other
person rendering services in connection with the defense shall
apply to the court in which such proceeding is or was pending to
determine whether the applicable standard of conduct set forth in
Section 5238(b) or Section 5238(c) has been met.
SECTION 8.06. ADVANCE OF EXPENSES
Expenses incurred in defending any proceeding may be
advanced by the j eerperatien) [Corporation] prior to the final
disposition of such proceeding upon receipt of an undertaking by
or on behalf of the agent to repay such amount unless it shall be
determined ultimately that the agent is entitled to be
indemnified as authorized in this Article VIII.
SECTION 8.07. OTHER INDEMNIFICATION
No provision made by the feerp.Eat e i [Corporation] to
indemnify its or its subsidiary's directors or officers for the
defense of any proceeding, whether contained in these Bylaws, a
resolution of directors, an agreement, or otherwise, shall be
valid unless consistent with this Article VIII. Nothing
contained in this Article VIII shall affect any right to
indemnification to which persons other than such directors and
officers may be entitled by contract or otherwise.
SECTION 8.08. FORMS OF INDEMNIFICATION NOT PERMITTED
No indemnification or advance shall be made under this
Article VIII, except as provided in Section 8.04 or 8.05(b), in
any circumstances where it appears:
(a) That it would be inconsistent with a provision of
the Articles of Incorporation, these Bylaws, or an agreement in
effect at the time of the accrual of the alleged cause of action
asserted in the proceeding in which the expenses were incurred or
otherwise amounts were paid, which prohibits or otherwise limits
indemnification; or
(b) That it would be inconsistent with any condition
expressly imposed by a court in approving a settlement.
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SECTION 8.09 INSURANCE
The �rpeEat ea) [Corporation] shall have power to
purchase and maintain insurance on behalf of any agent of the
t [Corporation] against any liability asserted
against or incurred by the agent in such capacity or arising out
of the agent's status as such whether or not the f..........r..t ien)
[Corporation] would have the power to indemnify the agent against
such liability under the provisions of this Article VIII,
provided, however, that a feer....Eati n) [Corporation] shall have
no power to purchase and maintain such insurance to indemnify any
agent of the feerpera ;e i [Corporation] for a violation of
Section 5233 of the California Nonprofit Public Benefit
Corporation Law.
SECTION 8.10. NONAPPLICABILITY TO FIDUCIARIES
OF EMPLOYEE BENEFIT PLANS
This Article VIII does not apply to any proceeding
against any trustee, investment manager, or other fiduciary of an
employee benefit plan in such person's capacity as such, even
though such person may also be an agent of the feer-p_r.,t ten)
[Corporation] as defined in Section 8.01 of this Article VIII.
The ( ear -per- t; e ) [Corporation] shall have
P power to indemnify
such trustee, investment manager or other fiduciary to the extent
permitted by subdivision (f) of Section 207 of the California
General Corporation Law.
ARTICLE IX
RECORDS AND REPORTS
SECTION 9.01. MAINTENANCE OF CORPORATE RECORDS
The (eerp r -at: e ) [Corporation] shall keep:
(a) Adequate and correct books and records of account;
(b) Minutes in written form of the proceedings of the
Board and committees of the Board.
(c) If applicable, a record of its members, giving
their names and addresses and the class of membership held.
SECTION 9.02. INSPECTION BY DIRECTORS
Every Director shall have the absolute right at any
reasonable time to inspect all books, records and documents of
every kind and the physical properties of the ieer..eFat en)
[Corporation] and the records of each of its subsidiary
"' r-P-eE t [Corporations]. This inspection by a Director may
be made in person or by an agent or attorney, and the right of
inspection includes the right to copy and make extracts of
documents.
990624 11393-00001 js 0102701.red — 2.8 — Old: 0102685 New: 0102701
SECTION 9.03. ANNUAL REPORT
Except as provided under Section 6321(c)(d) or (f) of
the California Corporations Code, not later than one hundred
twenty (120) days after the close of the fiscal year of the
1-e-erP_eEat eH) [Corporation], the Board shall cause an annual
report to be sent to all members of the Board. Such report shall
contain the following information in reasonable detail:
(i) The assets and liabilities, including the
trust funds, of the feeEp Eatle t [Corporation] as of the end of
the fiscal year.,
(ii) The principal changes in assets and
liabilities, including trust funds, during the fiscal year.
(iii) The revenue or receipts of the feerperatie ,1
[Corporation], both unrestricted and restricted to particular
purposes, for the fiscal year.
(iv) The expenses or disbursements of the
�eerparatjqa1 [Corporation], for both general and restricted
purposes, during the fiscal year.
(v) Any information required by Section 9.04.
SECTION 9.04. ANNUAL STATEMENT OF CERTAIN
TRANSACTIONS AND INDEMNIFICATIONS
The f eer--erat ; e„ t [Corporation] shall prepare annually
and furnish to each director a statement of any transaction or
indemnification of the following kind within one hundred twenty
(120) days after the close of the fiscal year of the
f eerpeEatiEH4 [Corporation].
(a) Any transaction to which the feer-peralien)
[Corporation], its parent or its subsidiary was a party, and in
which any Director or officer of the fe er-alien) [Corporation],
its parent or subsidiary (but mere common director -ship shall not
be considered such an interest) had a direct or indirect material
financial interest, if such transaction involved over fifty
thousand dollars ($50,000), or was one of a number of trans-
actions with the same person involving, in the aggregate, over
fifty thousand dollars ($50,000).
(b) Any indemnifications or advances aggregating more
than ten thousand dollars ($10,000) paid during the fiscal year
to any officer or Director of the f^Yp^ratien) [Corporation]
pursuant to Article VIII hereof.
The statement shall include a brief description of the
transaction, the names of the Director(s) or officer(s) involved,
their relationship to the 4eer-per tie l [Corporation], the nature
of such person's interest in the transaction and, where
990624 11393-00001 js 0102701.red - 19 - Old: 0102685 New: 0102701
practicable, the amount of such interest; provided, that in the
case of a partnership in which such person is a partner, only the
interest of the partnership need be stated.
ARTICLE X
ineludes-the pluEal aed thepluralelude-s the singia -and he
term "ger-se ineludes—beth a legal entity andt,t
r
[SECTION 10.01. INVESTMENT TRUSTEE
The Finance Officer of the City of Diamond Bar shall
serve as the investment Trustee for the Foundation. He/She shall
have the powers and authority set out below.
SECTION 10.02. POWERS OF TRUSTEE
(a) In General. The powers of the Investment Trustee
shall be limited to investment of the Corporation property.
(b) Discretionary Powers. The Investment Trustee
shall have the following discretionary powers:
(i) To hold the principal and all money or
property given to the Trustee to invest and re -invest, unless the
deed or legacy of a particular gift or gifts specifically
authorized or requires its retention and/or use for a specific
purpose.
(ii) To invest and re -invest the principal and
undistributed income of the funds on deposit with the Trustee in
such property, real, personal or mixed and in such a manner as
it shall deem proper for the growth of capital and the production
of income, and from time to time change investments as he/she
shall deem advisabley to invest in or retain any stocks, share,
bonds, notes, obligations or personal or real property bonds,
notes, obligations, or personal or real property (including,
without limitation, any interest in or obligations of any
corporations, association, business trust, investment trust,
common trust fund or investment company) although some or all of
the property so acquired or retained is of a kind or size which,
but for this express authority, would not be considered proper
and although all of the Corporation funds are invested in one
company. No principal or income shall be loaned, directly or
indirectly, to the Investment Trustee or any member of the Board
or to anyone else, corporate or otherwise, who has at any time
made a contribution to this Corporation, nor anyone except on the
990624 11393-00001 js 0102701.red 20 Old: 0102665 New: 0102701
WIN
ineludes-the pluEal aed thepluralelude-s the singia -and he
term "ger-se ineludes—beth a legal entity andt,t
r
[SECTION 10.01. INVESTMENT TRUSTEE
The Finance Officer of the City of Diamond Bar shall
serve as the investment Trustee for the Foundation. He/She shall
have the powers and authority set out below.
SECTION 10.02. POWERS OF TRUSTEE
(a) In General. The powers of the Investment Trustee
shall be limited to investment of the Corporation property.
(b) Discretionary Powers. The Investment Trustee
shall have the following discretionary powers:
(i) To hold the principal and all money or
property given to the Trustee to invest and re -invest, unless the
deed or legacy of a particular gift or gifts specifically
authorized or requires its retention and/or use for a specific
purpose.
(ii) To invest and re -invest the principal and
undistributed income of the funds on deposit with the Trustee in
such property, real, personal or mixed and in such a manner as
it shall deem proper for the growth of capital and the production
of income, and from time to time change investments as he/she
shall deem advisabley to invest in or retain any stocks, share,
bonds, notes, obligations or personal or real property bonds,
notes, obligations, or personal or real property (including,
without limitation, any interest in or obligations of any
corporations, association, business trust, investment trust,
common trust fund or investment company) although some or all of
the property so acquired or retained is of a kind or size which,
but for this express authority, would not be considered proper
and although all of the Corporation funds are invested in one
company. No principal or income shall be loaned, directly or
indirectly, to the Investment Trustee or any member of the Board
or to anyone else, corporate or otherwise, who has at any time
made a contribution to this Corporation, nor anyone except on the
990624 11393-00001 js 0102701.red 20 Old: 0102665 New: 0102701
basis of a minimum of the current market interest rate and with
adequate security.
(iii) To sell, lease, or exchange any personal,
mixed or real property at public auction or by private contact,
for such consideration and on such terms as to credit or
otherwise, and to make such contracts and enter into such
undertakings relating to the Corporation property, as it
considers advisable, whether or not such leases or contracts may
extend beyond the duration of the Corporation.
(iv) To borrow money for such periods, at such
rates of interest, and upon such terms as it considers advisable,
and as security for such loans to mortgage or pledge any real or
personal property with or without power of sales to acquire or
hold any real or personal property, subject to any mortgage or
hold any real personal property, subject to any mortgage or
pledge on or of property acquired or held by the Corporation.
(v) To execute and deliver deeds, assignments,
transfers, mortgages, pledges, leases, covenants, contracts,
promissory notes, releases, and other instruments, sealed or
unsealed, incident to any transaction in which it engages.
(vi) To vote, to give proxies, to participate in
the reorganization, merger or consolidation of any concern or in
the reorganization, merger or consolidation of any concern or in
the sale , lease, disposition, or distribution of its assets to
join with other security holders in acting through a committee,
depository, voting trustees, or otherwise and in this connection
to delegate authority to such committee, depository, trustees and
to deposit securities with them or transfer securities to theme
to pay assessments levied on securities or to exercise
subscription rights in respect of securities.
(vii) To hold property without indication of
fiduciary capacity but only in the name of a registered nominee,
provided the property is at all times identified as such on the
books of the Corporations to keep any and all of the corporate
property or funds in any place or places in the United States of
America.
SECTION 10.03. ACCOUNTING
The Investment Trustee shall render an accounting of
the investment transaction concerning the Corporation to the
Board of Directors at least annually. No person or entity other
than the Board of Directors may require an accounting or bring
any action against the Investment Trustee with respect to the
Corporation or its assets. The Investment Trustee may at any
time initiate legal action or proceedings for the settlement of
its accounts and, except as otherwise required by law, the only
necessary party defendant to such action or proceedings shall be
the Board of Directors.
990624 11393-00001 js 0102701.red 21 Old: 0102685 New: 0102701
SECTION 10.04. POWERS OF BOARD OF DIRECTORS
(a) In General. The Board of Directors, without
prejudice to the discretionary powers granted to the Investment
Trustee in this Article %, shall have the duty -and right to
supervise the investments and activities of the Investment
Trustee.
(b) Specific Powers. The Board of Directors have the
following powers with regard to the funds controlled by the
Investment Trustee and with respect to the activities and
performance of the Investment Trustee:
(i) To modify any restriction or condition on the
distribution of funds for any specified charitable purposes or to
specified organizations, if in their sole judgment (without the
approval of any trustee, custodian or agent), such restriction or
condition becomes unnecessary, incapable of fulfillment or
inconsistent with the charitable or public benefit needs of the
City of Diamond Bart
(ii) To replace any participating trustee,
custodian or agent for breach of fiduciary duty under the laws of
the State of Californias and
(iii) To replace any participating trustee,
custodian or agent for failure to produce a reasonable (as
determined by the Board of Directors) return of net income (or
appreciation when not inconsistent with the Corporation's need
for current income) with due regard to safety of principal, over
a reasonable period of time (as determined by the Board of
Directors)i
(iv) In determining whether there is a reasonable
return of net income with respect to the exercise of the power
described in subparagraph (iii) above,
(1) there shall be excluded from such
determination such assets as are held for the active conduct of
the Corporation's exempt activities, and
(2) such determination shall be made
separately with respect to the restricted fund and shall be made
in the aggregate with respect to the unrestricted funds of the
Corporation.
A "restricted fund" means a fund, of any income of which has been
designated by the donor of the gift or bequest to which such
income is attributable as being available only for the use or
benefit of a named charitable organization or agency or for the
use or benefit of a particular class of charitable organizations
or agencies, the members of which are readily ascertainable and
are less than five (5) in numbers
990624 11393-00001 js 0102701.red 22 Old: 0102685 New: 0102701
(v) If it appears that there may be grounds for
exercising the power described in subparagraphs (ii) or (iii) of
paragraph (b) of this Article with respect to any fund, the Board
of Directors shall notify the participating trustee, custodian or
agent involved and provide a reasonable opportunity for
explanation and/or correction. Before exercising the power
granted to the Board of Directors under subparagraphs (ii) or
(iii) of paragraph (b) of this Article, the Board of Directors
may seek advice of legal counsel as to whether a breach or
failure has been committed under the laws of the State of
California. The Board of Directors shall exercise a power
described in this Article only upon the vote of a majority of the
members of the Board of Directorst and
(vi) Upon the exercise of the power under
subparagraphs (ii) or (iii) of paragraph (b) of this Article to
replace any participating trustee, custodian, or agent, the Board
of Directors shall have the power to select a successor trustee,
custodian or agent to whose custody the fund or funds held by the
former trustee, custodian or agent shall be transferred.]
ARTICLE XI
AMENDMENTS
SECTION 11.01. AMENDMENT OF BYLAWS
hac—Qsvvxoxvi3 FRay a9t be alter -ed, amended, er- Eepealed except -by
that greater 3aeFe _ and (^) Seetien 6.02(b) of Artie1c V, and _^
previslen e€ these Bylaws
whieh nfers rights apen the BeaE ,
may only beamended oFEeFealed by appr-eval of —the E7 -_L (A
simple majority of the Board may amend the Bylaws at any meeting
subject to the approval of the City Council of the City of
Diamond Bar. However, no such amendment or modification shall
alter the intention that this Corporation be operated exclusively
to implement the adopted Parks Master Plan, or for cultural,
recreational and human service purposes and in a manner which
shall make this Corporation tax exempt and the donations to it
deductible from taxable income to the extent allowed by the
provisions of the Code and other applicable legislation and
regulations as they now exist or as they may be amended in the
future. Every amendment or modification of these Bylaws shall be
in writing, shall be signed by a majority of the Board of
Directors then serving and shall be delivered to each of the
members of the Board then in office and to the Investment Trustee
then in office.)
The term "majority," as used in this Section, is as
defined in the California Nonprofit Corporation Law.
SECTION 11.02. MAINTENANCE OF RECORDS
990624 11393-DDDD1 is 0102701 -red — 23 — Old: 0102685 NeW: 0102701
The Secretary of the f eeEpera l e ) [Corporation] shall
see that a true and correct copy of all amendments of the Bylaws,
duly certified by the Secretary, is attached to the official
Bylaws of the i eerp..Eati a) [Corporation] and is maintained with
the official records of the f eeEperatienj [Corporation] at the
principal office of the Teerperatiee.) [Corporation.]
(ARTICLE- X11) [ARTICLE SII
PROXIES
Each member of the Board of Directors shall have one
vote. There shall be no proxy voting permitted for the
transaction of any of the business of this Corporation.
ARTICLE XIII
CONSTRUCTION AND DEFINITIONS
Unless the context otherwise requires, the general
provisions, rules of construction.and definitions in the
California Nonprofit Public Benefit Corporation Law shall govern
the construction of these Bylaws. Without limiting the
generality of the above, the masculine gender includes the
feminine and neuter, the singular includes the plural and the
plural includes the singular and the term "person" includes both
a legal entity and a natural person.
ARTICLE XIV]
MISCELLANEOUS
SECTION (12.01) [14.01]. EXECUTION OF CHECKS AND DRAFTS
All checks, drafts or other orders for payment of
money, notes or other evidences of indebtedness, issued in the
name of or payable [to] the f eeEpe ,t i e t [Corporation] , shall be
signed or endorsed by such person or persons and in such manner
as, from time to time, shall be determined by resolution of the
Board of directors.
SECTION {12- &2i [14.02]. EXECUTION OF CONTRACTS
The Board of directors, except as otherwise provided in
these Bylaws, may authorize any officer or officers, agent or
agents, to enter into any contract or execute any instrument in
the name of and on behalf of the (eeEpeEatiea) [Corporation] , and
such authority may be general or confined to specific instances;
and unless so authorized by the Board of Directors, no officer,
agent or employee shall have any power or authority to bind the
feerper tie ) [Corporation] by any contract or engagement or to
pledge its credit to render it liable for any purpose or to any
amount.
990624 11393-00001 js 0102701.red — 24 — Old: 0102685 New: 0102701
SECTION (12--63) [14.03]. REPRESENTATION OF SHARES OF OTHER
CORPORATIONS
The President or any Vice President or the Secretary or
Assistant Secretary of the jeeEpeEatie i [Corporation] from time
to time designated by general resolution of the Board of
Directors, and acting individually and without necessity for
specific resolution, are authorized to vote, represent and
exercise on behalf of the f^^rpeEat en) [Corporation] all rights
incident to any and all shares of any other corporation or
corporations standing in the name of the 1....,..pe ..t lea)
[Corpor-ation]. The authority herein granted to such officers to
vote or represent on behalf of the fees -pe 19a) [Corporation]
any and all shares held by the f --'--enl [Corporation] in any
other corporation or corporations may be exercised either by such
officers in person or by any person authorized so to do by proxy
or power of attorney duly executed by such officers.
SECTION 12.64. REC-ORDS AND REPORTS+ [14.04. LIABILITY OF
DIRECTORS]
1 /_i _ he assets and liabilities, ineliading the—tEust funds, a�
the -ee rperatien-as e€ - the -end e €-the fiseal yeaE-), [AND
INVESTMENT TRUSTEE]
((2 ` T::c e -p l ehanges in asset -sed liabilities,
-�—xxz:cr�'
iaeluding t Eust funds.) [No Investment trustee or member of the
Board of Directors shall be answerable for loss in investment
made in good faith. No Investment Trustee or Member of the Board
of Directors shall be liable for the act of omissions of any
other member of the Board, or of any accountant, agent , counsel
or custodial selected with reasonable care. Each Investment
Trustee or member of the Board shall be fully protected in acting
upon any instrument, certificate or paper, believed by him/her to
be genuine and to be signed or presented by the proper person or
persons and no Investment Trustee or member of the Board shall be
under any duty to make any investigation or inquiry as to any
statement contained in any such writing but may accept the same
as conclusive evidence of the truth and accuracy of the statement
therein contained.]
i to partieular purpeses.
semeets of the-eer-peratien fE-
aeees .
yd-- by S a e t ren -(d) o f this -i-
if there is ne sueh Eepertj
beelss and Eeeerds:
990624 11393-00001 Is 0102701.red 25 - Old: 0102685 New: 0102701
(d)Annual Statement-ef Gert -a -in Transaetiens and 1 aRmlfiieat4-ane
As -pa t ef the annual EepeEt to all direeterste
shall annually prepare and mail er deli o ..,n a: Teeter .,
statement e -tEaa s a et i en a E inde----ifieatien e € the9-� i ng
kind within 4-99 days after- the end of ther a n, s f!s a'
year!
(1) Any tEaasaet ieir-4) iii- whieh the eerper-atlea, its paEeat, 9F
its subsidiary was a paFt , (i) in whieh a "interested n"
whielx invelved meEe than $59,999, er- was ene-ei a number e:
transaetiens-+tette the same interested p-- invelving, in the
aggregate, mere than $59,99G. FeEh3euEges "interested
perBesus ani-direeter- er—e==ieer 9f the `; ^ its
s
'ter"
parent, er subeidiar-y (but FReEe eemmen diEeeteEehi-p--shail
dcoc igtien e€ the transaetien, the ames ef ateEe"te''e ^
invelved�helatienship to the eerrgeEatiea, the atuEeef
the4:rz lnteFest in the and, if prraetieable, the—am.
ef- that -isheEeet, pr-evided that if the trans—et' with
pa tneEship in whieh the inteEested peEsen i$ -a -partner , enly the
inteFest of the partnership need be stated.
2) T indemnifleatiens erad-vanees gg a^'t' gmeFe +-�,
$10, 99 -paid during the €iBeal yeaE tea= - 7e ff a eE d;,..eeter of
the eeEgeratien ander Artiele-VI e€ these Bylaws -
SECTION 12.051
ySECiION-12.051 [SECTION 14.051. CERTIFICATE OF SECRETARY
A Certificate of the Secretary of this Corporation
shall be affixed to the original, or most recent amended version
of the Bylaws, such Certificate to be in the following form
990624 11393-00001 js 0102701.red — 26 Old: 0102685 New: 0102701
CERTIFICATE OF SECRETARY
I certify that I am the duly elected and acting
Secretary of , a California {-aeaFrrezp¢' e
benefitr-at ^e 1 [Nonprofit Public Benefit Corporation] , that
the above bylaws, consisting of
(_) pages, are the bylaws of this (eeEper-atle )
[Corporation] as adopted by the board of directors on
199 , and that they have not been amended or modified since
that date.
Executed on
California.
199_ at
Secretary
990624 11393-00001 js 0102701.red Old: 0102685 New: 0102701
HARRY W. STONE
CHAIJMne 16, 1999
LOS ANGELES COUNTY
SOLID WASTE MANAGEMENT COMMITTEE/
INTEGRATED WASTE MANAGEMENT TASK FORCE
900 SOUTH FREMONT AVENUE, ALHAMBRA, CALIFORNIA 91803-1331
P.O. BOX 1460, ALHAMBRA, CALIFORNIA 91802-1460
The Honorable Wen Chang
City of Diamond Bar
21660 East Copley Drive, Suite 100
Diamond Bar, CH 91765-4177 �>
Dear Mayor Chang:
STATE LEGISLATIVE BILL IMPACTING SOLID WASTE MANAGEMENT �~
SENATE BILL 676 (AS AMENDED APRIL 12, 1999) i
As a followup to my May 12, 1999, letter regarding proposed State Legislative Bills
impacting solid waste management, the Los Angeles County Integrated Waste
Management Task Force (Task Force) would like to bring to your attention Senate Bill 676
(SB 676) (as amended on April 12, 1999). SB 676, if enacted, would require that half of
the paper products to be purchased by any State agency must be made of recycled
content paper. Currently, pursuant to State law, this requirement is only a goal.
For many years, the Task Force has advocated a stronger role by the State in developing
markets for recycled products. Without sustained demand for recycled products,
jurisdictional efforts to achieve Assembly Bill 939's (AB 939) 50 percent 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.
While local jurisdictions have made tremendous efforts to divert materials from landfill
disposal, these efforts have generally addressed the "supply" side of the recycling
equation. The State is in a unique position to significantly increase the "demand" side of
the recycling equation, since it is the largest purchaser of paper products in California.
SB 676 recognizes this and, if enacted, would have a positive impact in assisting local
jurisdictional efforts to close the recycling loop.
On behalf of the Task Force, I strongly urge you to contact Senator Byron Sher, author of
SB 676, and your State legislative representatives informing them of your support for this
Bill. For your convenience, I have enclosed a sample letter that maybe of use in preparing
your City's communication to Senator Sher.
June 16, 1999
Page 2
Thank you for your consideration and support. Should you have any questions, please
contact me at the City of Glendale, at (818) 548-4844, or contact Mr. Mike Mohajer, of the
Los Angeles County Department of Public Works, at (626) 458-3502, Monday through
Thursday, 7:00 a.m. to 5:30 p.m.
Sinc ely,
GINGE BREMBERG, Vice -Chair
Los Angeles County Solid Waste Man men Committee/
Integrated Waste Management Task Force and
Mayor, City of Glendale
PA: my
P:\sec\sb676
Enc.
cc: City Recycling Coordinators
Each Member of the Los Angeles County Integrated Waste Management Task Force
SAMPLE LETTER
,1999
The Honorable Byron Sher
State Capitol, Room 2082
Sacramento, CA 95814
Dear Senator Sher:
SENATE BILL 676 (AS AMENDED APRIL 12, 1999)
RECYCLED PAPER PRODUCTS
STATE PURCHASING
Our City supports Senate Bill 676 (SB 676) - Recycled Paper Products: State Purchasing.
We commend you for sponsoring SB 676 requiring State agencies to spend half the funds
allocated for paper products on recycled paper products. SB 676 acknowledges that by
redirecting the purchasing power of State agencies, as the largest governmental agencies
in California, sustained markets for recycled -content materials can be substantially
enhanced. By strengthening the State's recycled product procurement program,
jurisdictions have a better chance to meet the 50 percent waste reduction mandate as
required by the California Integrated Waste Management Act of 1989 (AB. 939, as
amended), which you authored.
Therefore, the City of
please contact
Sincerely,
Mayor, City of
supports SB 676. Should you have any questions,
cc: Speaker of the Assembly (Antonio R. Villaraigosa)
Senate President Pro Tem (John Burton)
Chairman of the Los Angeles County Board of Supervisors (Don Knabe)
Los Angeles County Integrated Waste Management Task Force (Ginger Bremberg)
MacBride Enterprises
435 Willapa Lane
Diamond Bar, CA 91765
Telephone: 909/860-5608
TO: T.L. Belanger, C.M.
City of Diamond Bar
RE: Board Meeting, Greater L.A. County
Vector Control District (GLACVC .(1�_�"[`�__`
FR: Dexter MacBride, President.
GLACVCD Board of Trustees
DT: June 12, 1999
Preceded at 6:00pm by three Committee meetings (Budget/
Finance, Building/Relocation, Futures), members of the
Board of Trustees met at GLACVCD's headquarters in the City
of Santa Fe Springs June 10th at 7:30.
Following introductory ceremonies (Flag Salute, Invocation,
Introductions), pedestrian items (Minutes, Requisition Sched-
ule -Expenditures, Consent Agenda), items of major import to
the District were reviewed. Two principal issues:
(1) Resolution "Approving and Adopting an Africanized Honey
Bee (AHB) Response Plan". Because of the sudden, un-
precedented burden of responding to hundreds of calls
urgently requesting assistance with AHB problems, adop-
tion of the Resolution was a matter of first moment.
Costs associated with the program are substantial, re-
quiring assessment fees increase. Neighboring Districts
(LA County West; S.Gabriel Valley; Antelope Valley;
Compton Creek) together with Health Departments in the
cities of Vernon, Pasadena, Long Beach, are facing sim-
ilar problems.
(2) The District's "Proposed Strategic Plan Beginning FY
200011. Recognizing "severe budgetary cutbacks" exper-
ienced by the Cali. Dept.of Health Services, the LA Co.
Dept. of Health Services and the LA Co.Agricultural
Commissioner, the plan presents a Summary of Current
GLACVCD Activities and Staffing Patterns, followed by.
projected State and LA County growth patterns and im-
pacts upon numbers of residential/commercial parcels
requiring augmentation of healthnet preventive/control
services (mosquito breeding sites, increased exposure to
nuisance vectors, possible additional vector borne dis-
eases..Plague, Murine Typhus, Hantavirus, Lyme Disease).
Future Programs expansions include Arborvirus Disease Sur-
veillance, Underground Storm Drain Research, Sera Sampling
re Arenaviruses, together with increased Public Informa-
tion and Education Outreach activities.
#########
P.O. Box 682, Walnut, CA 91788-0682
21201 LA PUENTE ROAD
WALNUT, CALIFORNIA 91789-2018
Telephone (909) 595-7543
FAX (909) 595-6095
CITY OF W.A.LNLT rr
May 28, 1999
Charles W. Carry
Chief Engineer and General :`.Manager
County Sanitation Districts of Los Angeles County
1955 Workman Mill Road
Whittier, CA 90601
Dear Mr. Carry:
V.0AQU1rN
LIM
ayor
UNE WENTWORTH
Mayor Pro Tempore
BERT ASHLEY
Councilmember
BAN MAROSTICA
Councilmember
LARRY WALDIE
Councilmember
Subject: Resolution No. 4324, Stating the City of Walnut's Opposition to the Siting
and Construction of Any Refuse Management Facility at Spadra Landfill.
The purpose of this letter is to transmit to you Resolution No. 4324 adopted by the Walnut City
Council.
The City of Walnut stated to the City of Pomona at a meeting held at the Sanitation District
Office on Wednesday, May 26, 1999, that the City will oppose any proposed waste handling
project at the Spadra Landfill. The Walnut City Council, at its May 26, 1999 City Council
meeting, unanimously approved Resolution No. 4324 declaring and memorializing its opposition
to the siting and construction of any refuse handling facility at Spadra Landfill.
Cordially,
,a ,Z'C.. C� L,
Jack W. Yoshino
Senior Management Assistant
C: Edward Cortez, Mayor of Pomona
Dr. Robert Suzuki, President, Cal -Poly Pomona
Karen Rosenthal, Mayor of Claremont
Wen Chang, Mayor of Diamond Bar
Dave Winn, Mayor of Industry
Jon Blinkenstaff, Mayor of La Verne
Curtis Moms, Mayor of San Dimas
RESOLUTION NO. 4324
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WALNUT,
CALIFORNIA, DECLARING ITS OPPOSITION TO THE SITING AND
CONSTRUCTION OF ANY REFUSE MANAGEMENT FACILITY AT
SPADRA LANDFILL
WHEREAS, the City of Walnut and its residents have lived as good
neighbors in close proximity to the Spadra. Landfill for almost 40 years, and
WHEREAS, for all these years the Walnut City Council and the community
at large were of the understanding that no other waste handling facilities would be
constructed on any portion of the Landfill known as Spadra, and
WHEREAS, Walnut residents have lived adjacent to the Landfill and have
been the most directly impacted by the ongoing operations at the Spadra Landfill.
NOW, THEREFORE, the City Council of the City of Walnut does resolve
as follows:
The City Council hereby declares their opposition to the siting and
construction of any refuse handling facility at Spadra Landfill.
APPROVED AND ADOPTED the 26`h day of May, 1999.
Mayor"
Attest:
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BOARD OF SUPERVISORS
COUNTY OF LOS ANGELES
383 KENNETH HAHN HALL OF ADMINISTRATION / LOS ANGELES, CALIFORNIA 90012
JOANNE STURGES, EXECUTIVE OFFICER
(213) 974-1411
June 2, 1999
The Honorable Debby O'Connor
Councilwoman
City of Diamond Bar
21660 E. Copley Drive, Suite 100
Diamond Bar, CA 91765
Dear Councilwoman O'Connor:
MEMBERS OF THE BOARD
GLORIA MOLINA
YVONNE BRATHWAITE BURKE
ZEV YAROSLAVSKY
DON KNABE
MICHAEL D. ANTONOVICH
At its meeting held June 1, 1999, on motion of Supervisor Don Knabe,
the Los Angeles County Board of Supervisors held discussion on the
proliferation of area code overlays within Los Angeles County.
Supervisor Knabe requested that I forward the enclosed letter to
Los Angeles County's City Councils, City Managers, and Mayors, the
California Congressional Delegation, the State Legislature, and the
California Public Utilities Commission.
Very truly yours,
I
OA11E STURGES
EXECUTIVE OFFICER
7060199.16
Enclosure
Lfl
C-
C--
BOARD OF S UPERVIS ORS
COUNTY OF LOS ANGELES
303 KENNETH HAHN HALL OF ADMINISTRATION / LOS ANGELES, CALIFORNIA 90012
JOANNE STURGES, EXECUTIVE OFFICER
1213)974-1411
June 2, 1999
Mr. William E. Kennard, Chairman
Federal Communications Commission
445 12' Street Southwest
Washington, D.C. 20554
Dear Mr. Kennard:
MEMBERS OF THE BOARD
GLORIA MOLINA
YVONNE BRATHWAITE BURKE
ZEV YAROSLAVSKY
DON KNABE
MICHAEL D. ANTONOVICH
We are expressing our support of the California Public Utilities Commission's (CPUC)
April 1999 petitions to the Federal Communications Commission (FCC) seeking a
waiver of the FCC's ruling, which prohibits service -specific overlay area codes, and
seeking authority to order mandatory number pooling which would eliminate block
number assignments.
In California roughly 180 million phone numbers have been allocated to the various
companies authorized to provide phone service in California. The CPUC says that only
about 37 million of these are in use today. Because they are allocated, area code splits
are being forced even though usage is not the cause. The capability to dial just seven
digits when calling within one's own area code has been taken away by policy of the
FCC, not because the phone companies cannot do it when area codes are overlaid.
Many people are angry and criticize the CPUC and the FCC for creating ridiculous
requirements when calling within the same area code. For example the new 424 area
code which overlays the 310 area code requires people within a 310 area code to dial
1+310+ the number, even though they are calling the same area code. Their anger and
criticism has now turned to outrage as they learn that policies, not the growth of
technology (fax, lines for Internet access, cell phones, etc.), are really behind the
proliferation of new area codes. The requirement to dial 1+ten digits even if you are
calling within your own area code is also due to policy.
Mr. William E. Kennard
June 2, 1999
Page 2
On March 31, 1998, over a year ago, our Board went on record with the FCC, the
CPUC, our Califomia Legislative and Congressional Delegations, as well as the
County's cities and city councils, to request that area code overlays be done for new
technology (service -specific overlays), but not for voice numbers. New York City
avoided area code splits for years with this strategy, which was subsequently denied for
use anywhere else by the FCC in 1995.
The current situation is unacceptable and can be remedied to a great extent by
changes in FCC policy. Even the CPUC has recently petitioned the FCC to change
their policies regarding area code overlays and number allocation. We therefore
strongly support the CPUC's petition to the FCC.
SUPERVISOR, 4TH DI
ORIA MOLINA
SUPERVISOR, 1ST DISTRICT
ZEV YA OSLAVSKY
SUPERVISOR, 3RD DISTRICT
7060199.16
n
'S'VOIN=THWAITE BURKE
SUPE S R, 2ND DISTRICT
MICHAEL D. ANTONOVICH
SUPERVISOR, 5TH DISTRICT
c: Each Member, State Legislature
Each Member, California Congressional Delegation
All City Managers, County of Los Angeles
All Mayors, County of Los Angeles
All Council Members, Each City in Los Angeles County
President, California Public Utilities Commission
2
A.
CITY OF DIAMOND BAR O
CITY COUNCIL STUDY SESSION
1999/2000 FISCAL YEAR MUNICIPAL BUDGET
JUNE 1, 1999
CITY COUNCIL CALL TO ORDER: Mayor Chang called the meeting to order
at 4:15 p.m. in the South Coast Air Quality Management District Room CC -2, 21865
E. Copley Drive, Diamond Bar, California.
ROLL CALL: Council Members Ansari, Herrera, Huff,
Mayor Pro Tem O'Connor and Mayor Chang.
Also Present were: Terrence L. Belanger, City Manager;
James DeStefano, Deputy City Manager; David Liu, Deputy Public Works Director;
Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Mike
Nelson, Communications & Marketing Director; Lynda Burgess, City Clerk; Richard
Martinez, Walnut Sheriff Captain; Bill Flannery, Walnut Sheriff Sergeant, Kellee
Fritzal, Assistant to the City Manager; Anne Haraksin, Administrative Assistant;
Rose Manela, Assistant Civil Engineer and Gina Tharani, Accountant II.
1999/2000 FISCAL YEAR MUNICIPAL BUDGET DISCUSSION:
CM/Belanger explained that the draft budget message discusses what was
previously discussed during prior sessions with a couple of exceptions: A
skateboard park for which monies are included in the CIP in the amount of
$200,000 for design and construction and Proposition A monies allocated for the
skateboard park project. Staff has provided a list of budget discussion items
beginning with the Chamber of Commerce contract proposal and continuing through
to the Capital Improvement Program. These items are not included in the cost of
the budget. They are decision items and staff is seeking direction from Council in
terms of whether these items should or should not be included in the proposed
budget. The Finance Committee recommends that each of these items be given a
time limit of five minutes for discussion purposes.
CHAMBER OF COMMERCE CONTRACT PROPOSAL - $36,000:
CM/Belanger stated that the City's Chamber of Commerce has been on a two-year
agreement with the City. The first year of that agreement paid the Chamber of
Commerce $24,000 for services to be rendered. The second year of the contract
was for $12,000 for services rendered and expires at the end of June, 1999. The
Chamber has made a proposal to the City, which was reviewed by the Chamber
Committee comprised of C/Ansari and MPT/O'Connor.
In response to MPT/O'Connor, Jeff Koontz, Chamber Executive Director, stated that
the Chamber committee reviewed the previous contract and determined that the
Chamber had slightly missed the mark in some areas and were doing things that
had possible intrinsic value and possibly not dollar and cents value. The proposal
is for $36,000 for services rendered consisting of four items: Administrative
Support - $12,000; Full Page Newspaper Ads (one per month for 13 issues) -
JUNE 1, 1999 PAGE 2 CITY COUNCIL STUDY SESSION
$12,000; Preparation of New City Maps - $4,500, and Outreach Program - $7,500.
Council thanked Mr. Koontz for his leadership.
In response to C/Huff, Mr. Koontz explained the potential for new membership.
M/Chang explained that, due to potential membership, the Chamber cannot be self-
sufficient and must be supported by the City. He believed that with the new
businesses such as Allstate Insurance locating in the City, D.B. needs a strong
Chamber.
In response to C/Herrera, CM/Belanger indicated that the City makes full use of the
monthly advertising.
MPT/O'Connor stated that one of the City's main goals is communication and she
believed that this is one avenue for delivering the City's messages. She
recommended that an amount of $25,000 be included in the budget for Chamber
support. Council concurred.
2. COMMUNITY ORGANIZATION SUPPORT FUND - $15,500.
CM/Belanger explained that the source of the budget is the forbearance of salary
and benefits by Mayor Chang who chose to not receive salary and benefits and
asked that instead, a community organization support fund be created for
distribution to assist community organizations that are determined to contribute to
the community.
The Council discussed this item and concurred to designate $20,000 for the
Community Organization Support Fund. The Council will establish funding criteria
including a cap amount for each organization. The Finance Committee will review
all requests and Council will have full authority over determining qualified
recipients.
M/Chang requested that the source of the budget allocation not be publicized or
discussed as being a direct result of forbearance of his salary and benefits.
3. PANTERA PARK BALLFIELD LIGHTS - $20,000.
CM/Belanger explained that $20,000 has been designated in the CIP for Pantera
Park ballfield lights.
4. SKATEBOARD PARK - $200,000.
CM/Belanger stated that at its May 18 study session, Council determined that
$200,000 should be allocated in the Capitol Improvement Program portion of the
budget. The source of the money will be Proposition A reserves. The facility is
JUNE 1, 1999 PAGE 3 CITY COUNCIL STUDY SESSION
proposed to be approximately 10,000 sq. ft. Staff is researching the design and
cost of facilities in surrounding communities.
5. TRES HERMANOS CONSERVATION AUTHORITY - $50,000.
CM/Belanger explained that this amount was allocated during the May 18 study
session. This item is carried forward from the prior year because funds were not
committed within the current fiscal year.
MPT/O'Connor asked for an explanation of how the Council proposes to use
$50,000.
C/Huff explained that in order to influence the outcome of this area, D.B. needs to
budget funds for items such as legal advice, consulting services, etc. Chino Hills
will allocate funds for the authority during the coming fiscal year. Hopefully, City of
Industry will join the authority.
6. ZONING CHANGES - $30,000.
CM/Belanger explained that with the completion of the General Plan and the
Development Code, it is time to bring D.B. zoning into conformity with the General
Plan. This process will ultimately result in a Zoning Ordinance that will have a
Zoning Map that redesignates property in D. B. in accordance with the General Plan.
An additional $25,000 was allocated to Planning to do the Housing Element update.
This item is in the budget and was discussed at the May 18 study session.
DCM/DeStefano stated that the State requires that the Housing Element be
completed and submitted by June 30, 2000.
7. COMMUNITY/CIVIC CENTER PROJECT - No budget allocation.
CM/Belanger stated that there has been no budget allocation because Council does
not yet have the final report from the Community/Civic Center Task Force.
Following discussion, the Council concurred to allocate $500,000 for this item.
CM/Belanger stated that the current Fiscal Year estimated General Fund balance
will be $14,600,000. At the end of FY 2000, it is estimated that General Fund
reserves will be $15,685,000.
8. TRAILS MASTER PLAN - $50,000.
CM/Belanger stated that one of the priorities that the Parks Master Plan designated
was development of a Trails Master Plan for bike and hiking trails. Portions of the
plan may qualify for Redevelopment Agency funding and Proposition C funding.
JUNE 1, 1999 PAGE 4 CITY COUNCIL STUDY SESSION
9. LOS ANGELES COUNTY SHERIFF -
CM/Belanger indicated that the Sheriff proposed two items - a Dedicated Sergeant
and a Special Assignment Deputy, for an increase of $266,975.
Captain Martinez explained the request and answered Council's questions.
In response to MPT/O'Connor, Captain Martinez stated that Deputy Tim Perkins is
a team leader and is responsible for coordinating several things. He is 100%
dedicated to serving D.B. and his main responsibility is supervision of the team
members. There is no question that two people are needed.
Responding to C/Herrera, Captain Martinez confirmed that the reason for
requesting a second person is to expand the 290D Team car.
Captain Martinez confirmed to -MPT/O'Connor that it is less expensive to the
Department to pay overtime for school patrol than to hire an additional officer.
CM/Belanger responded to C/Ansari that currently, about 38% of the City's budget
is dedicated to public safety. This increase would put the budget percentage closer
to 40°x6.
Captain Martinez stated that about 44% of its budget is dedicated to the City of
Walnut's public safety.
10. PERSONNEL CHANGES -
CM/Belanger pointed out that Page 4 of the handout contains a series of personnel
recommendations: 1) that all employees receive a 2% cost of living increase; 2)
that the PERS contract be changed to 2% at 55; 3) that the cafeteria amount be
increased to $30 per month. The following personnel changes are proposed: 1)
Creation of a Public Works Superintendent - $72,000 salary and benefits; 2)
expansion of the hours of the engineering interns which would take the interns from
20 hours a week to 30 hours a week, reclassification of the Assistant Engineer
position to Associate Engineer - $3,000 annually; 4) changing of the Community
Services Coordinator Senior's time from 3/4 time to full time with 1/4 time being
funded from the General Fund; 5) reclassify two Administrative Assistant positions
to Senior Administrative Assistant; and 6) a variety of changes in salary levels to
meet market conditions - $30,000.
In response to C/Ansari, DCM/DeStefano reported that Al Flores has completed
training and is now eligible to generate citations.
In response to MPTIO'Connor, DCM/DeStefano indicated that the Public Works
Superintendent could issue citations if it was part of that person's duties.
JUNE 1, 1999 PAGE 5 CITY COUNCIL STUDY SESSION
CM/Belanger stated that early on in the City's history, a weekend Code
Enforcement officer was employed. He did not know why that position was
eliminated.
Captain Martinez indicated that the Community Volunteer Patrol has no authority
to write citations. The only citation authority any Volunteer Patrol has been granted
is for handicapped parking in the City of Oxnard. The Volunteer Patrol reports to
Sgt. Mark St. Amant.
DCM/DeStefano stated that the Sheriffs Department receives calls generated by
the Volunteer Patrol having to do primarily with front yard nuisance -type issues
such as inoperative vehicles, junk and debris, etc. Currently, the City's Code
Enforcement Officer is primarily concerned with the beautification aspects of the
community, whereas in the past, the City was having a lot of difficulty with
abandoned houses as a result of bankruptcies, etc.
M/Chang asked if the Volunteer Patrol could be authorized to issue tickets for off-
site parking.
Captain Martinez understood that the City would make a request of the Sheriff for
such authorization. As of two weeks ago, authorization for Volunteer Patrol
Members to write handicapped parking citations was approved. If the City wishes
to avail itself of this service, it needs to pass the appropriate ordinance.
Council concurred to request City staff to write a letter to the Sheriff requesting that
the Volunteer Patrol be authorized to issue tickets for off-site parking.
Captain Martinez did not believe that many members of the Volunteer Patrol are
interested in issuing parking citations.
MPT/O'Connor asked how many employees are at the maximum of using their
cafeteria benefits.
CM/Belanger said staff would provide a report to Council regarding the cafeteria
benefit use.
In response to C/Ansari, CM/Belanger stated that the Public Works Superintendent
would be a new position for the City working in the Public Works Department and
reporting directly to DDPWILiu.
Also in response to C/Ansari, DCM/DeStefano indicated that the City's goal for this
position is to reduce the Charles Abbott contract amount. The City currently has
a Superintendent of Parks & Maintenance. This would be a similar position for
streets and right-of-ways. This person would be responsible for overseeing the
contract services for the City and would supplement the supervisorial services
currently performed by Charles Abbott under contract.
JUNE 1, 1999 PAGE 6 CITY COUNCIL STUDY SESSION
In response to MPT/O'Connor, DCM/DeStefano explained that this new position
would not require the City to acquire another vehicle. The City currently has a
sufficient number of vehicles available. Revenues from permit issuance would help
offset the cost of this position.
11. CAPITAL IMPROVEMENT PROGRAM - in excess of $8,000,000
CM/Belanger stated that many of the projects included in the next Fiscal Year were
part of this Fiscal Year. Some items were listed for planning purposes and some
items were two-year projects that will be completed this Fiscal Year.
In response to C/Herrera, DDPW/Liu explained that, with respect to carry over
projects, the City used to have up to five traffic consultants for different projects.
Ultimately, Council approved only one traffic consultant for all of the CIP Projects.
Consequently, one consultant is handling design services for all intersections.
C/Ansari stated that the City needs to consider installation of a street light and
bench on the upper Sycamore Canyon Park side of D.B. Blvd.
DCWDeStefano stated that, as a result of the SunCal project, sidewalks and street
lights will be installed on the east side of D.B. Blvd. across the street from upper
Sycamore Canyon Park.
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
hl;, c__
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
JUNE 1, 1999
STUDY SESSION: 4:15 p.m., SCAQMD Room CC -2
Discussion of proposed Fiscal Year 1999-
2000 Municipal Budget
Present: Council Members Ansari, Herrera, Huff,
Mayor Pro Tem O'Connor and Mayor Chang.
Also present were: Terrence L. Belanger, City Manager; James DeStefano,
Deputy City Manager; David Liu, Deputy Public Works Director; Bob Rose,
Community Services Director; Linda Magnuson, Finance Director; Mike
Nelson, Communications & Marketing Director; Lynda Burgess, City Clerk;
Richard Martinez, Walnut Sheriff Captain; Bill Flannery, Walnut Sheriff
Sergeant; Kellee Fritzal, Assistant to the City Manager; Anne Haraksin,
Administrative Assistant; Rose Manela, Assistant Civil Engineer and Gina
Tharani, Accountant II.
Study Session adjourned at 6:30 p.m.
CLOSED SESSION: None
2. CALL TO ORDER: Mayor Chang called the City Council
meeting to order at 6:47 p.m. in the Auditorium of the South Coast Air Quality
Management District, 21865 E. Copley Drive, Diamond Bar, California.
ROLL CALL: Council Members Ansari, Herrera, Huff,
Mayor Pro Tem O'Connor and Mayor Chang.
Also present were: Terrence L. Belanger, City Manager; Mike
Jenkins, City Attorney; James DeStefano, Deputy City Manager; David Liu,
Deputy Public Works Director; Bob Rose, Community Services Director;
Linda Magnuson, Finance Director; Mike Nelson, Communications &
Marketing Director and Lynda Burgess, City Clerk.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Jack
Tanaka.
INVOCATION: The Invocation was given by Reverend
Mike Schuenemeyer, Diamond Bar Congregational Church.
APPROVAL OF AGENDA: The Council concurred to move Items 8. 1,
8.2, 8.3 and 8.4 to immediately following Public Comments.
3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
3.1 Chorale Presentation by students of Diamond Point Elementary School.
JUNE 1, 1999
PAGE 2
3.2 Presented Commendation to Deputy Mark Stephens, L.A. County Sheriffs
Department, Walnut Station, for his dedication to service, expertise and persistence
in preventing a crime.
4. PUBLIC COMMENTS: Marlene Roth, Planning Consultant, The Roth
Group, presented an update on the Community/Civic Center Task Force's activities. She
stated that the Task Force will provide an information and citizen feedback booth at the
SCAQMD on Saturday, June 5 from 10:00 a.m. to 1:00 p.m.
MATTERS MOVED FORWARD ON THE AGENDA:
MPT/O'Connor recused herself from deliberation on Items 8.1 and 8.2 and left the dais.
8.1 UPDATE ON LANTERMAN DEVELOPMENTAL CENTER FORENSIC FACILITY
PROJECT - presented by CM/Belanger.
C/Huff requested that Sheriff Lee Baca send a follow-up letter to the Governor and
Speaker of the Assembly regarding security concerns.
C/Ansari asked that a letter be sent to the Mayor, City Council and Assembly
representatives of the City of Porterville since they need an expanded facility in
their community.
8.2 APPROVAL OF CONTRACT WITH ROBERT BEIN, WILLIAM FROST &
ASSOCIATES FOR GRAPHIC DESIGN SERVICES OF LANTERMAN
DEVELOPMENTAL CENTER EXPANSION - The proposed Lanterman
Developmental Forensic Expansion Project includes a prison -like compound. To
visually demonstrate the proposed compound (two 16' fences, 15' apart, with four
27' guard towers), the City requested proposals from firms which could graphically
illustrate, (three-dimensional) the final design. Robert Bein, William Frost & Assoc.,
(RFB) is the only firm that can meet the City's requirements, including time frame
and dimensional models of the compound. RFB has photographed the proposed
site, reviewed the environmental documents and architectural plans. Based on the
review, the following 3 dimensional models will be created: Typical observation
posts; new day training activity center #1 and #2; new control building; typical
perimeter light standards; new roads and walk -way; and new double perimeter
security fence. The models will be completed within two weeks. Under purchasing
guidelines, contracts awarded to a single vendor shall not exceed $10,000 without
prior authorization from Council. Continued from May 18, 1999.
Martha Bruske felt that this item should not be reconsidered since Council voted
against it at the May 18 meeting.
Sue Sisk supported approval of this contract. She thanked Council Members
and residents for their support at last Saturday's protest. She also thanked
JUNE 1, 1999
PAGE 3
the Task Force members for their time and commitment to the issue. She
announced upcoming events related to the expansion protest and the
surrounding communities that oppose the project.
Dr. Lawrence Rhodes pointed out that the first speaker was incorrect. The
Council voted at its May 18 meeting 2-1 for approval. However, the matter
requires three votes for approval. He asked that copies of the visual
illustration of the proposed compound be made available to the public.
In response to M/Chang, CA/Jenkins explained that the matter was
continued to tonight's meeting, which is a perfectly appropriate procedure.
Moved by C/Herrera, seconded by C/Huff, to approve a contract with Robert
Bein, William Frost & Associates in an amount not to exceed $11,450,
authorize the City Manager to sign the contract and approve a budget
adjustment for said amount and direct staff to invite the Cities of Pomona
and Walnut to share in the development and use of the model. Motion
carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, M/Chang
NOES: COUNCIL MEMBERS - None
ABSTAIN: COUNCIL MEMBERS - MPT/O'Connor
ABSENT: COUNCIL MEMBERS - None
MPT/O'Connor returned to the dais.
8.3 LEGISLATIVE RECOMMENDATIONS: Continued from May 18, 1999.
AB 38 (Washington) and SB 98 (Alarcon) - The proposals would
require the SCAQMD to create an Office of Technology Advancement
to administer the clean -burning fuels program and require
establishment of a thirteen member advisory group to make
recommendations to the Office of Technology Advancement. Further,
it would extend the existing $1.00 fee on renewal of motor vehicle
registration in the District to August 1, 2004. The $1.00 fee would
have expired on August 1, 1999.
Oscar Abarca, Director of Government Affairs, SCAQMD, clarified the
intent of the AB 2766 program. He assured Council that he will
assume responsibility for insuring that the SCAQMD's technical
assistance staff will meet with City staff to respond to all questions
and concerns. He asked for Council's support of AB 38 and SB 98.
Following discussion, C/Ansari moved, C/Herrera seconded, to
support AB 38 and SB 98. Motion carried by the following Roll Call
vote:
JUNE 1, 1999 PAGE 4
AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff,
MPT/O'Connor, M/Chang
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
8.4 ORDINANCE NO. 0X(1999): AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR AMENDING CHAPTER
8.16 OF TITLE 8 OF THE DIAMOND BAR CITY CODE ADOPTING
REQUIREMENTS AND STANDARDS RELATING TO THE
COLLECTION, RECYCLING, TRANSPORTATION, AND DISPOSAL
OF SOLID WASTE, RECYCLABLE, AND COMPOSTABLE
MATERIALS - Draft ordinance revisions amend the City Code in
significant ways affecting waste hauler permitting, and waste
prevention and recycling programming in the City. Several amended
provisions are proposed addressing yard waste collection, rate
restructuring for residential and commercial accounts, refuse
containers and an automated collection system, public education, and
recycling services provisions for all generating sectors. The
amendments address the principal concerns of the City with regard
to maintaining the open and competitive nature of the existing waste
management system while creating further incentives and
requirements designed to allow the City to meet AB 939 diversion
mandates by the year 2000. The changes are necessary because
there is less than one year left for the City to demonstrate compliance
with the 50% diversion mandate. Based on recent unofficial data, the
City needs at least 12% diversion to reach 50%, and if the City were
not to comply with the mandate, there is the risk of fine in the amount
of $10,000 per day. The costs of implementing the provisions of the
proposed amended ordinance are not fully known; however, they are
considered to be less than the potential fine from the State. In
addition, there are a variety of ways that the City can help to reduce
implementation costs including extending longer term permits to
service providers and providing assistance to generators.
CM/Belanger recommended that, upon introduction of this ordinance,
the matter of the adoption of the ordinance be deferred for a period
of time to provide for public meetings to present the ordinance, the
requirements of the ordinance and gather comments from the
community.
J. Michael Huls, the City's consultant, presented another in the series
of committee reports and updates as directed by Council.
Don Gravdahl displayed a two-part commercial refuse container he
picked up in Minneapolis. He suggested that Council consider
incorporating these types of containers in the City. He spoke about
JUNE 1, 1999
PAGE 5
concerns regarding the proposed ordinance.
Dave Reynolds spoke about a single hauler franchise system versus
an open system and how a single hauler franchise system could
benefit the community. He commented on the draft ordinance.
Martha Bruske supported a single hauler system. She suggested that
the City sponsor a cleanup day and a hazardous roundup day.
Dr. Lawrence Rhodes said he does not recycle and does not know
what he is supposed to recycle. Materials he uses are not recyclable.
Sue Sisk believed the community should be better educated on how
to meet the State's mandate. She is concerned about the July date
because it does not provide adequate time for public input. She
supported a single hauler system.
C/Huff expressed concern about the noise and wear and tear on the
streets. He believed the July time frame is too restrictive. He
recommended that Council discuss all of the Task Force's
recommendations and conduct a study of rates charged by other
cities.
MPT/O'Connor requested that staff come up with a calendar of public
meetings and not adopt the Ordinance as early as July.
CM/Belanger recommended that the public meetings be held between
now and the end of August or early September. He reiterated staff s
amended recommendation upon request from C/Herrera: that Council
introduce the ordinance with adoption of the ordinance deferred for
a time sufficient to provide for public education and public meetings
with public input being provided in relationship to the programs
included within the ordinance as well as other aspects of the solid
waste process within the City, i.e.: single provider versus open
market, etc. Adoption of the Ordinance should take place in late
August/early September.
C/Huff moved, C/Ansari seconded, to delay adoption of the
Ordinance, direct staff to prepare a timeline so everyone knows what
direction the City will be going in and to begin educating the public as
to the City's requirements, for presentation at the next Council
meeting. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff,
MPT/O'Connor, M/Chang
NOES: COUNCIL MEMBERS - None
JUNE 1, 1999
PAGE 6
ABSENT: COUNCIL MEMBERS - None
5. SCHEDULE OF FUTURE EVENTS:
5.1 TOWN HALL MEETING - (Y2K) - June 5, 1999 - 9:00 a.m. - 12:00
noon, SCAQMD Auditorium, 21865 E. Copley Dr.
5.2 COMMUNITY/CIVIC CENTER TASK FORCE COMMITTEE DISPLAY
AND COMMUNITY INPUT FORUM - June 5, 1999 -10:00 a.m. -1:00
p.m., Display of Civic/Community Center proposals.
5.3 LOS ANGELES COUNTY SHERIFF'S OPEN HOUSE - June 5, 1999
- 10:00 a.m. to 3:00 p.m., Diamond Bar/Walnut Sheriffs Station,
21695 E. Valley Boulevard, Walnut.
5.4 COMPOSTING WORKSHOP - June 5, 1999 - 10:00 a.m. - 12:00
Noon, Sycamore Canyon Park, 22930 Golden Springs Dr.
5.5 PLANNING COMMISSION - June 8, 1999 - 7:00 p.m., SCAQMD
Auditorium, 21865 E. Copley Dr.
5.6 TRAFFIC & TRANSPORTATION COMMISSION - June 10, 1999 -
7:00 p.m., SCAQMD Hearing Board Room, 21865 E. Copley Dr.
5.7 TOWN HALL MEETING - Proposed Lanterman Developmental Center
Forensic Confinement Program - June 12, 1999 - 9:00 A.M. - 12:00
Noon, Walnut High School, 400 Pierre Road, Walnut.
5.8 FLAG DAY IN AMERICA - June 14, 1999.
5.9 CITY COUNCIL MEETING - June 15, 1999 - 6:30 p.m., SCAQMD
Auditorium, 21865 E. Copley Dr.
5.10 9th ANNUAL CONCERT IN THE PARK - First in the series of 10
Concerts - June 16, 1999 - 6:30 - 8:00 p.m., SOUTHLAND BAND
(Contemporary), Sycamore Canyon Park, 22930 Golden Springs Dr.
5.11 HOUSEHOLD HAZARDOUS WASTE ROUNDUP - June 19, 1999 -
9:00 a.m. - 3:00 p.m., U.S. Postal Services Processing Center, 15421
Gale Avenue, City of Industry.
5.12 SMALL BUSINESS SEMINAR IN CONJUNCTION WITH THE
DIAMOND BAR CHAMBER OF COMMERCE (Second in a Series) -
June 22, 1999, 7:00 p.m. - 9:00 p.m. - SCAQMD Room CC6, 21865
E. Copley Dr.
JUNE 1, 1999
PAGE 7
CM/Belanger announced that the June 5, 1999 Y2K Seminar would be
carried live on local cable television. At 12:00 noon on June 5, tonight's
Council meeting will be re -broadcast in its entirety.
6. CONSENT CALENDAR: C/Herrera moved, C/Ansari seconded, to
approve the Consent Calendar with the exception of Consent Calendar Item
No. 6.6 (c) and 6.9. Motion carried by the following Roll Call vote with
C/Herrera abstaining from voting on Items 6.1.2 and 6.1.3.
AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, MPT/O'Connor,
M/Chang
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
6.1 APPROVED MINUTES:
6. 1.1 Regular Meeting of May 4, 1999 - As amended.
6.1.2 Study Session of May 18, 1999 - As submitted.
6.1.3 Regular Meeting of May 18, 1999 - As amended.
6.2 RECEIVED & FILED PLANNING COMMISSION MINUTES:
6.2.1 Regular Meeting of April 13, 1999.
6.2.2 Regular Meeting of April 27, 1999.
6.3 RECEIVED & FILED TRAFFIC & TRANSPORTATION COMMISSION
MINUTES - Regular Meeting of April 8, 1999.
6.4 APPROVED VOUCHER REGISTER - dated June 1, 1999 in the
amount of $813,014.48. MPT/O'Connor abstained from approval of
Purchase Order Numbers 7514A in the amount of $43.30 and 8704
in the amount of $897.12 and 8686 in the amount of $285.93, items
relating to the Lanterman Expansion Project.
6.5 REVIEWED AND APPROVED TREASURER'S STATEMENT - for
April, 1999.
6.6 (a) ADOPTED RESOLUTION NO. 99-37: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA,
CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER
2, 1999, FOR THE ELECTION OF CERTAIN OFFICERS AS
REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE
OF CALIFORNIA RELATING TO GENERAL LAW CITIES.
JUNE 1, 1999
PAGE 8
(b) ADOPTED RESOLUTION NO. 99-38: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA,
REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY
OF LOS ANGELES TO CONSOLIDATE A GENERALMUNICIPAL
ELECTION TO BE HELD ON NOVEMBER 2, 1999, WITH THE
SCHOOL ELECTION TO BE HELD ON THE DATE PURSUANT TO
SECTION 10403 OF THE ELECTIONS CODE.
6.7 (a) APPROVED BREA CANYON ROAD/GOLDEN SPRINGS DRIVE
TRAFFIC SIGNAL MODIFICATION - Allocated $55,000 from
unappropriated Gas Tax balance and increased the Capital
Improvement Projects fund by $55,000 for the Brea Canyon
Road/Golden Springs Drive Traffic Signal Modification Project to
provide a second southbound left turn lane.
(b) ADOPTED RESOLUTION NO. 99-40: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING
PLANS AND SPECIFICATIONS FOR THE TRAFFIC SIGNAL
IMPROVEMENT PROJECT AT THE INTERSECTIONS OF BREA
CANYON ROAD/DIAMOND CREST LANE, BREA CANYON
ROAD/GLENBROOK DRIVE, AND BREA CANYON ROAD/GOLDEN
SPRINGS DRIVE IN SAID CITY AND AUTHORIZING AND
DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS.
6.8 AWARDED CONSTRUCTION CONTRACT FOR 1998-1999 CDBG
HANDICAP RAMPS PROJECT - to JDC, Inc, for the 98-99 CDBG
Handicap Ramps Project in an amount not to exceed $69,300 and
authorized a contingency amount of $6,930 for project change orders
to be approved by the City Manager; for a total authorization amount
of $76,230.
6.10 (a) ADOPTED RESOLUTION NO. 99-41: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR SUPPORTING
LEGISLATIVE EFFORTS TO ACCOMPLISH GROUNDWATER
CLEANUP IN THE SAN GABRIEL BASIN.
(b) ADOPTED RESOLUTION NO. 99-42: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR SUPPORTING
THE SAN GABRIEL BASIN DRINKING WATER INITIATIVE.
MATTERS WITHDRAWN FROM CONSENT CALENDAR:
6.6 (c) RESOLUTION NO. 99-39: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA,
ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE
OFFICE PERTAINING TO CANDIDATES STATEMENTS
JUNE 1, 1999 PAGE 9
SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD
ON TUESDAY, NOVEMBER 2, 1999.
Following discussion regarding printing and translating of candidates'
statements, C/Herrera moved, C/Ansari seconded, to adopt
Resolution No. 99-39, as amended. Motion carried by the following
Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, M/Chang
NOES: COUNCIL MEMBERS - MPT/O'Connor
ABSENT: COUNCIL MEMBERS - None
6.9 PROPOSED REVISIONS TO PARKING SIGNS ON FALLOW FIELD
DRIVE AND PASCO COURT.
Council directed staff to amend the Preferential Parking District
Ordinance to allow establishment of "No Parking, 8:00 a.m. - 5:00
p.m., Monday -Friday, Except by Permit" on Fallow Field Dr. from Brea
Canyon Cut-off Road to 3100 Fallow Field Drive, including Pasco Ct.
Monee Tyler complained about permits being issued to First
Mortgage Company employees. She stated that, in her opinion, the
parking problems continue because the company has outgrown its
facility.
C/Huff moved, C/Herrera seconded, to direct staff to come back with
Ordinance and Resolution amendments to provide for up to 7 parking
spaces on the easterly side of Fallow Field Dr. and to change the
signs to "No Parking between 8:00 a.m. and 5:00 p.m." as
recommended by staff. In addition, 50 permits are to be issued for
parking on Brea Canyon Cut-off. Motion carried by the following Roll
Call vote:
AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff,
M/Chang
NOES: COUNCIL MEMBERS - MPT/O'Connor
ABSENT: COUNCIL MEMBERS - None
7. PUBLIC HEARINGS:
7.1 (1) ORDINANCE NO. 0X(1999): AN ORDINANCE OF THE CITY
DIAMOND BAR AMENDING TITLE 15 OF THE DIAMOND BAR
CODE ADOPTING, BY REFERENCE, THE UNIFORM
ADMINISTRATIVE CODE", 1997 EDITION, THE "CALIFORNIA
BUILDING CODE", 1998 EDITION, VOLUMES 1, 2 AND 3,
JUNE 1, 1999
PAGE 10
INCLUDING ALL APPENDICES THERETO, THE "CALIFORNIA
MECHANICAL CODE", 1998 EDITION AND THE APPENDICES
THERETO, THE "CALIFORNIA PLUMBING CODE", 1998 EDITION
AND THE APPENDICES THERETO, THE "CALIFORNIA
ELECTRICAL CODE", 1998 EDITION AND THE APPENDICES
THERETO, "THE UNIFORM HOUSING CODE", 1997 EDITION AND
THE APPENDICES THERETO AND "THE UNIFORM SWIMMING
POOL, SPA AND HOT TUB CODE", 1997 EDITION, TOGETHER
WITH CERTAIN AMENDMENTS, ADDITIONS, DELETIONS AND
EXCEPTIONS INCLUDING FEES AND PENALTIES.
(2) RESOLUTION NO. 99 -XX: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR MAKING EXPRESS
FINDINGS AND DETERMINATIONS THAT MODIFICATIONS TO
THE UNIFORM BUILDING CODE, UNIFORM PLUMBING CODE,
AND NATIONAL ELECTRICAL CODE, AS ADOPTED BY
ORDINANCE NO. 0X(1999) ARE REASONABLY NECESSARY
BECAUSE OF LOCAL CLIMATIC, GEOLOGICAL OR
TOPOGRAPHICAL CONDITIONS - The State reviews its Model
Building Code regulations every three years, and adopts the most
current Uniform Building Codes printed by the International
Conference of Building Officials. The State adopted the 1997
Uniform Building Code 1997 Uniform Plumbing Code, 1997
Uniform Housing Code and 1997 Uniform Mechanical Code, 1996
National Electric Code in January, 1999. Local jurisdictions are
required to adopt said codes by ordinance within six months or
they will automatically be adopted by operation of law. The State
allows local municipalities to amend the Uniform Building Codes to
meet the unique climatic, geographical and topographical
conditions of the City.
Dennis Tarango, Building & Safety Official, gave a brief history and
overview of adoption procedures for building codes.
M/Chang opened the Public Hearing.
There being no testimony offered, M/Chang closed the Public
Hearing.
Following discussion, C/Ansari moved, C/Huff seconded, to waive full
reading and adopt Ordinance No. 06(1999) adopting, by reference
the "The Uniform Administrative Code:, 1997 Edition, the "California
Building Code" 1998 Edition, Volumes 1,2 and 3, including all
appendices thereto, the "California Plumbing Code", 1998 Edition, the
"California Mechanical Code", 1998 Edition, the "California Electrical
Code", 1998 Edition, the "Uniform Housing Code", 1997 Edition, the
JUNE 1, 1999
PAGE 11
"Uniform Swimming Pool, Spa and Hot Tub Code", 1997 Edition,
together with certain amendments, additions, deletions and
exceptions including fees and penalties. Motion carried by the
following Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff,
MPT/O'Connor, M/Chang
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
C/Ansari moved, C/Huff seconded, to adopt Resolution No. 99-43
making express findings and determinations that modifications to the
California Building Code, California Plumbing Code, and California
Electrical Code, as adopted by Ordinance No. 06(1999) are
reasonably necessary because of local climatic, geological or
topographical conditions. Motion carried by the following Roll Call
vote:
AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff,
MPT/O'Connor, M/Chang
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
7.2 1999-2000 MUNICIPAL BUDGET - The FY 99/2000 General Fund
Budget estimates overall resources to be $11,606,960 and proposes
$10,824,315 in expenditures. The proposed Capital Improvement
Program Budget is projected to be $8,547,900.
CM/Belanger explained the details of the proposed budget.
Allen Wilson understood the City would lose their percentage of
motor vehicle registration fees. However, the budget item indicates
the income has increased. He asked for an explanation of "cafeteria
plan" and why the Council's salary is smaller than the cafeteria plan
budget item.
CM/Belanger explained that the City's definition of a cafeteria plan is
an amount of money allocated to each employee at two levels:
management/exempt employees and general/miscellaneous
employees. Each employee is able to select a medical plan and pay
for that plan out of that money. If the medical plan does not consume
the entire cafeteria amount then the cafeteria amount pours over into
a 457 retirement account. The benefit is the same for all employees.
Employees also have a vision plan and a dental plan and the
employees share those plans out of the cafeteria benefit. The
Council Members salaries are $500 per month. On a monthly basis,
JUNE 1, 1999
A
0
PAGE 12
the cafeteria amount exceeds the City Council Member's salaries.
With respect to motor vehicle in -lieu fees, the State ultimately
reduced the amount of money that is paid by the vehicle registrant by
25%. Cities continue to receive 100% of the vehicle license fee. The
State backfills the 25% amount. Therefore, cities did not suffer a loss
as a result of the reduction of the registrant's fees.
Council concurred to continue discussion of the 99-2000 Municipal
Budget and Capital Improvement Program to June 15, 1999.
OLD BUSINESS:
8.1 ORDINANCE NO. 2A (1995): AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE
PURCHASING SYSTEM - The Council Finance Subcommittee
recommended that the City Manager's purchasing authority be
increased from $10,000 to $15,000. The subcommittee reviewed a
survey of 18 cities and the City Managers' purchasing authority
averaged $21,250. Due to the limitation of the D.B. City Manager's
authority, Council has to continuously approve contract extensions for
budgeted items such as printing and legal services. In addition, staff
recommends that the limit for Purchase Orders be increased from the
petty cash limit of $50 to $500. In reviewing P.O. limits in the cities
surveyed, the average threshold for a P.O. requirement is
approximately $1,600.
C/Herrera moved, MPT/O'Connor seconded, to approve first reading
and waive full reading of Ordinance No. 2A (1995) "An Ordinance of
the City Council of the City of D.B. Amending the Purchasing
System." Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff,
MPT/O'Connor, M/Chang
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
NEW BUSINESS:
9.1 RESOLUTION NO. 99-44: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR APPROVING PARTICIPATION IN
THE LOS ANGELES URBAN COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) PROGRAM AND AUTHORIZING THE MAYOR TO
EXECUTE THE COOPERATION AGREEMENT BETWEEN LOS
ANGELES COUNTY AND THE CITY OF DIAMOND BAR - The City,
through a Cooperation Agreement, is part of the L.A. County
Community Development Commission - CDBG program. The
JUNE 1, 1999
PAGE 13
program was established through the Housing and Community
Development Act of 1974 and is administered by the U.S.
Department of Housing and Urban Development (HUD). To be
eligible to receive CDBG funding, a City must either be an eligible
metropolitan city or be a participating City in an Urban County
Program. D.B. qualified as a "metropolitan city," based on a
population of over 50,000, and can attain entitlement status
effective July 1, 2000 or the City may continue to participate in the
L.A. Urban County CDBG program. To continue to participate in
the L.A. Urban County CDBG program, the City must execute a
Cooperation Agreement by June 18, 1999 for a three-year cycle,
July 1, 2000 to June 30, 2003. The City has been participating in
the L.A. Urban County CDBG program since July 1991. In 1993
and 1996, the City elected to defer entitlement status and remain
with the L.A. Urban County CDBG program as a participating city.
C/Herrera moved, C/Ansari seconded, to adopt Resolution No. 99-44
approving participation in the L.A. Urban County Community
Development Block Grant program and authorize the Mayor to
execute the Cooperation Agreement. Motion carried by the following
Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff,
MPT/O'Connor, M/Chang
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
9.2 DISCUSSION OF REORGANIZATION OF CITY COUNCIL/
REDEVELOPMENT AGENCY AGENDA FORMAT - Continued from
May 18, 1999.
C/Ansari proposed holding Redevelopment Agency meetings from
6:30 to 7:00 p.m., prior to Council meetings.
MPT/O'Connor recommended that this not be done until there are
large Agency projects to be considered.
C/Herrera suggested moving Council meetings up from 6:30 p.m. to
6:00 p.m.
C/Ansari then suggested that the Agency agenda be moved to
immediately after Special Presentations.
C/Huff moved, MPT/O'Connor seconded, to retain the current
schedule with the Redevelopment Agency meeting at the end of the
Council meetings unless a special project is to be discussed, wherein
JUNE 1, 1999
PAGE 14
the Agency will be convened before convening the City Council
meeting. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Huff, MPT/O'Connor,
M/Chang
NOES: COUNCIL MEMBERS — Ansari, Herrera
ABSENT: COUNCIL MEMBERS - None
RECESS TO REDEVELOPMENT AGENCY MEETING: M/Chang recessed the
City Council Meeting to the Redevelopment Agency at 11:30 p.m.
RECONVENE CITY COUNCIL MEETING: M/Chang reconvened the City
Council meeting at 11:35 p.m.
10. COUNCIL SUB -COMMITTEE REPORTS AND MEMBER COMMENTS:
C/Huff reported on his attendance at the COG meeting (C/Herrera also
attended). He took the Metropolitan Water District tour of the Eastside
Reservoir and invited other Council Members to take this interesting tour.
He thanked the residents for their participation and the DBIA for their
sponsorship of the May 22 Paint Your Town. He indicated that he had
attended the Shopping Center Conference, during which empty spaces in
the City were promoted. He was also initiated as Zone Director for
Foothill Transit.
C/Ansari attended the following meetings: San Gabriel Valley Economic
Partnership - there is a $2,000,000 campaign to market the valley and the
organization wants to hear from businesses that wish to be involved with the
project and a Santa Ana Watershed meeting. She thanked the residents for
their participation and the DBIA for sponsoring Paint Your Town; she
thanked the Honda Dealership for sponsoring a Child Safety Day. She
spoke about attending the Shopping Center Conference and the resulting
future benefits to D.B. She asked staff to consider the issue of L.A.
Stormwater Permitting and suggested that D.B. be allowed to adopt the Long
Beach permit. She serves on water and trash committees and has been
appointed to the NAFTA committee.
C/Herrera reported that she serves on committees that are conducting truck
studies. Preliminary information indicates that the increase in truck traffic on
the SR 60 is due to an increase in business. She looked forward to going
to Sacramento on June 8 regarding the Lanterman Expansion Project.
MPT/O'Connor stated that on May 20, she attended the Chamber Mixer and
invited everyone to attend the mixers. On May 22, she participated in Paint
Your Town. She thanked DBIA for their sponsorship. She attended the
Honda Child Safety Day, during which children were fingerprinted and
parents were shown how to properly utilize child safety seats. On
JUNE 1, 1999
PAGE 15
Wednesday, May 26, the Community/Civic Center Task Force met and
attempted to establish closing comments. She encouraged residents to
attend the June 5 workshop. Council will hold a special meeting on
Tuesday, June 29 to discuss the matter. On May 27, the Finance Committee
reviewed the proposed budget and warrant register. On May 28, she
attended Career Day at Diamond Point Elementary School. She encouraged
citizens to attend the Sheriffs Open House. She is still pursuing a WCCA
Advisory Committee member and public member for the Governing Board.
If interested, please call her or the City to schedule an interview.
M/Chang participated in the water district tour of the Eastside reservoir; he
attended Sheriff Baca's Asian Task Force meeting; Paint Your Town, and the
Honda Dealership Child Safety Day. He spoke about being a witness for a
recently married couple. He thanked the Chamber of Commerce for
sponsoring the Small Business Seminar. On May 26, he attended Mt. Sac's
discussion opposing the Lanterman Expansion Project. Also on May 26,
Martha Bruske took him on a tour of D.B. He attended Sheriff Lee Baca's
wedding on Saturday, May 29. That evening, he attended a 50th wedding
anniversary party honoring the parents of Deputy Tim Perkins.
11. ADJOURNMENT: There being no further business to conduct, M/Chang
adjourned the meeting at 11:50 p.m.
LYNDA BURGESS, City Clerk
ATTEST:
Mayor
Y2K
TOWN HALL MEETING
South Coast Air Quality Management District Auditorium
21865 E. COPLEY DRIVE
DIAMOND BAR, CALIFORNIA
Saturday, June 5, 1999
9:00 a.m. to 12:00 Noon
CALL TO ORDER: Mayor Chang called the Town Hall Meeting to
order at 9:12 a.m. in the South Coast Air Quality Management Auditorium, 21865
E_ Copley Drive, Diamond Bar,
ROLL CALL: Mayor Chang, Mayor Pro Tem O'Connor and
Council Member Huff. Council Members Ansari and Herrera were excused.
Also present: Terrence L. Belanger, City Manager; Mike Nelson,
Marketing Director; James DeStefano, Deputy City Manager; David Liu, Deputy
Director of Public Works; Phil and Deborah Armentrout, Emergency Operations
Coordinators; Kellee Fritzal, Assistant to the City Manager; Anne Haraksin,
Administrative Assistant and Lynda Burgess, City Clerk.
2. WELCOME AND INTRODUCTION: Wen Chang, Mayor and Terry
Belanger, City Manager.
3. OVERVIEW OF LOCAL GOVERNMENT PLANNING ACTIONS RE: Y2K:
CM/Belanger announced that the June 1 City Council meeting cable replay will be
at 12:00 noon today. The three hours are devoted to the planning efforts of public
agencies and private agencies that provide services to the community on how they
are addressing the Y2K situation. He thanked staff members Mike Nelson,
Marketing Director, Laurie Kajiwara, Marking Coordinator and Nancy Whitehouse,
Secretary to the City Manager/Office Manager for their extra -ordinary efforts in
bringing this town hall meeting to the public. Y2K has been an issue that has been
widely reported over the past couple of years as a potential issue in a myriad of
services that are provided to us through electronic processing. It is an issue that
has been talked about, has had great focus placed upon it in terms of its
importance, and is an issue that has had a tremendous amount of criticism as to
how important it is. You will hear in the next two and one-half hours how seriously
the City and other public and private agencies take this matter.
CD/Nelson thanked the participants for their interest in this matter which the City
has billed as "Diamond Bar 2000, Preparing for the 21st Century." He explained
that the Y21K bug or millennium bug is the inability of computer programs in the year
2000 to interpret the correct century from a recorded or calculated date having only
two digits to indicate the year. Why is this important? If there is a rollover to the
June 5, 1999 Page 2 TOWN HALL MEETING
year 2000 and the computer industry and computer type devices that contain
imbedded chips could lose data, there could be a miscalculation or errors in data.
The greatest fear is that there will be a total shutdown of modern day services as
we know them. That is why there are so many public and private agencies that are
making great strides in preparation for this potential critical event. The City has a
three pronged approach to its Y2K strategy: 1) Internal preparation of its hardware
and software network, multi -agency outreach and coordination efforts with agencies
that both the City and residents rely upon for services, and public information and
education. With respect to internal preparation, in January, 1999, the City
completed a citywide information technology upgrade which involved replacement
of obsolete computer hardware with year 2000 compliant hardware and software
including a new operating system and software packages that are used by staff. As
a result of these upgrades, the City should be well prepared. When the clock ticks
over to the year 2000, there should be no effect on the responsibilities and services
provided by City staff. Multi -agency outreach and coordination involves contact and
monitoring of other State, County, utility, vendor and contract agencies.
Preparations are underway with immediate staff to meet any potential emergency
that may occur within the City. Staff members have been exposed to emergency
response preparation techniques. Later this year, staff will be involved in a full
exercise. Staff continues to proceed with public information and education such as
a four part series in the Community Newsletter and Recreation Guide that touches
on the Y2K issue as well as what public agencies are doing in preparation of Y2K
and what residents can do to be prepared. In addition, this Town Hall meeting will
be rebroadcast throughout the year. Within the next few weeks, staff will add a
temporary Y2K web page to the City's website with information and links to other
areas of the web where people can access additional information.
EOC/Phil Armentrout stated that he and his wife, Deborah, perform emergency
preparedness planning and coordination for the City. Over the last year, they have
developed "The City of Diamond Bar Standardized Emergency Management
System Multi -Hazard Functional Plan" which follows all of the guidelines and
requirements of the State and Federal Government and shows how to prepare and
respond to a disaster. The document outlines what types of hazards Southern
California may encounter. The threat analysis section talks about hazardous
materials, fire, flood, civil disturbance and air traffic accidents. In Southern
California, everyone lives with the threat of earthquake. In addition to Y2K being
a technical problem, it could also be an emergency planning problem for which staff
has been preparing. He encouraged the citizens of D.B. to prepare themselves for
Y2K He related the need for citizens to prepare by comparing an earthquake with
a Y2K problem. He explained that this is the perfect time for residents to prepare
themselves in the areas of food, water and medical.
EOC/Deborah Armentrout directed attention to the Y2K Emergency Preparedness
handout. She recommended that everyone obtain a copy of the handout, which is
distributed by the Governors' Office of Emergency Services. Because there is a
potential for some type of impact, it is impossible to determine at what level. It
June 5, 1999 Page 3 TOWN HALL MEETING
could be a minor inconvenience, or there could be larger disruptions. The handout
contains basic suggested preparations. Some of the items discussed are: food and
water; barbecues and campstoves for cooking and heating; sleeping bags, blankets
and warm clothing; how to deal with garbage; health, medical and dental (keep
extra prescriptions on hand) and basic supplies for 3 to 7 days. Keep extra cash
on hand. Have at least one non-portable telephone in the house for emergency
situations. Maintain the car's gas tank at least half full during the weeks prior to
Y21K. Do not store gasoline in the home. Other things to consider: Portable
generators, legal documents, pets and livestock (food, water and other supplies).
Do not panic - just get involved in preparedness planning now for peace of mind
when January 1 rolls around. The back of the handout contains suggested
websites that are helpful to citizens.
Dave Amdahl, American Red Cross, stated that his organization provides disaster
services including the feeding and sheltering of people involved in a disaster. The
American Red Cross provides an emergency disaster preparedness booklet which
he advised people to obtain and use. The Y21K pamphlet includes: Stockpile
disaster supplies, have a small amount of cash on hand, maintain extra blankets,
coats, etc., have alternative cooking sources, keep your vehicle's gas tank above
the half tank level, have plenty of flashlights on hand (don't use candles for
emergency lighting), examine smoke alarm systems and check to see if they have
battery backups, and, if sheltering is required, be prepared to move to a Red Cross
shelter. The American Red Cross has resources available locally, statewide and
nationally.
MPT/O'Connor asked where the D.B. Red Cross shelter is located.
Mr. Amdahl responded that it depends on which type of shelter is needed and how
many people it must accommodate. Several sites are available including local
schools, churches, and public buildings. The location is determined based upon
need.
LOS ANGELES COUNTY REPRESENTATIVES:
John McIntire, LAC Information, stated that the Chief Information Office was
established two years ago to integrate and coordinate technology development
within the 47th largest county in the union. One of the efforts undertaken in 1997
was the role of facilitating year 2000 compliance within the county. Year 2000 has
several implications, primarily having to do with computer technology, facilities,
specialized equipment, medical equipment, etc. Worldwide, the cost for 2000 -year
mitigation will be two trillion dollars. In L.A. County alone, $155 million will be spent
with 400 full-time staff working on the situation. The Office has confidence that the
problem will be satisfactorily resolved and potential major problems will not be
forthcoming as a result of these mitigation efforts. Although citizens have concerns
about the year 2000, government is taking care of the related issues. The Chief
Information Office is reaching out to both public and private agencies to be certain
June 5, 1999 Page 4 TOWN HALL MEETING
that there is continuity of service beyond the year 2000. The CIO has a three
pronged program for dealing with the issue: 1) The inventory, testing and mitigation
of computer and imbedded chips, 2) outreach (basic services of coordinating
telephone, fuel, power, to insure continuity of service) and 3) public awareness. He
believed it is important that the public begin now to prepare for the year 2000 event
just as they would prepare for a major storm. The following timeline represents
L.A. County's preparation status: Every month, CIO meets with each of the 43
department's representatives and monitor their status toward compliance with year
2000 in the area of computers (currently 95% compliant for all computer systems
- the remaining 5% will be completed by September 30) and imbedded chips which
requires reliance on manufacturers to assure the CIO that their devices are
compliant with the year 2000 effect. He pointed out that medical delivery devices,
traffic flow devices, etc. are imbedded chip devices. Full compliance is expected
by year-end.
Deputy Mike Harvin, L.A. Sheriff Department, L.A. County System Coordinator and
Y2K Coordinator for the Walnut/Diamond Bar Sheriffs Station - regarding 911
emergency service in the year 2000, the telephone company assures him that the
system will continue to work. He asked the public to have confidence in the system
and that at midnight on December 31, 1999, everyone not pick up the telephone to
see if 911 works. Like any other system, it can be overloaded. The Sheriffs
Department is also involved with the Emergency Management Information System
(EMIS) which is used in the event of a major emergency such as earthquake, fire,
flood, etc. This system is year 2000 compliant because it is not date -reliant. The
Sheriffs Department network computer system is year 2000 compliant. The
Sheriffs Station is over 85% compliant for the year 2000. He reiterated that people
need to be prepared for the year 2000. He wanted to assure the City and residents
that all emergency services are and will be up and running.
C/Huff asked if the department uses computer technology at Twin Towers for
controlling secured areas for prisoners.
Deputy Harvin stated that the computer system is available as an enhancement to
the physical presence of a deputy, a custody assistant and other personnel which
is used to control lights, security gates, etc. The internal locks are imbedded chip
and key hardlock ready. The hardlocks override the electronic system. If the
electronic system fails, the system will revert to what it was several years ago.
Responding to MPT/O'Connor, Deputy Harvin stated that the radio dispatch system
is a direct antenna system and direct car -to -car and car -to -station system. The
Walnut Sheriffs Station has a battery back up and full -on generator system that will
power the entire station within 10-15 seconds from the moment electricity fails.
Chief Gil Herrera, L.A. County Fire Department, stated that his organization has
149 fire stations throughout the county. He spoke about the internal systems and
what it takes to run the organization. The department identified 25 critical systems,
June 5, 1999 Page 5 TOWN HALL MEETING
24 of which have been certified and future date tested Y21K compliant. The one
remaining system will be certified by a vendor in July, 1999. He assured the
participants that the department's 911 system, field incident system and emergency
communication center are certified Y2K compliant. Those items with imbedded
chips such as heart defibulators, global positioning devices that direct helicopters,
the radio communicators and telephone switching systems, are all certified Y2K
compliant. The 200 facilities throughout the County have been inventoried for
security purposes and environmental control systems for Y2K compliance. All but
three facilities have met Y2K compliance and the other three expect to reach
compliance by September, 1999. The three D.B. facilities are Y21K compliant. The
department has been working closely with service providers to ensure that the 911
telephone system will be operating and that there will be no interruptions in power,
water or gas. This year, the department identified four incident management teams
which are made up of department heads, captains, chiefs, administrative,
procurement officers, etc. that are brought to order whenever there is a major
disaster. Emergency preparedness is the department's main mission. The
department believes that Y2K will come and go and they will meet the task.
In response to C/Huff, Chief Herrera explained that the Fire Department has radios
that require repeaters and they also have a direct load.
DDPW/Liu explained that the City contracts with the County Department of Public
Works to maintain the City's approximate 50 traffic signals. The County conducted
raw testing earlier this year and is confident that all traffic signals will function
properly. The Model 170 controllers, which are used in the City's traffic signals, are
Y2K compliant. Signals are timed for Monday through Sunday and are not date -
dependent. In the worst case, signals will convert to flashing and the City will
dispatch staff or its maintenance crew to conduct traffic control at critical signalized
intersections.
CM/Belanger stated that the City is working with its street maintenance contractor
to have in place a contingency plan in the event that the traffic signal system
completely fails and the City needs to provide stop signs and other traffic control
devices at the City's main intersections. The City will have a backup contingency
plan in place by October, 1999.
UTILITIES:
Mary Fitzpatrick, Manager of Communications for Southern California Edison's Year
2000 Program Office, stated that her firm has produced a Year 2000 Readiness
Disclosure. SCE has a very comprehensive broad program in place. Early on in
the program, the company set challenging goals, the first of which was to be 75%
complete with work on mission critical systems by 1998 and the second to be 100%
complete by July 1, 1999. At the end of 1998, SCE was 80% complete. SCE is on
track to meet its second goal of 100% readiness with mission critical systems in just
25 days. She encouraged everyone to visit the website, www.sce.com/y2k or call
June 5, 1999 Page 6 TOWN HALL MEETING
1-800-816-8112 to learn that SCE did, in fact, meet its 100% goal. Mission critical
means anything that has the potential to affect customer service, health and safety
of the public, health and safety of company personnel, company revenue stream or
regulatory compliance. The program has oversight and support from the highest
levels of company management, from an executive director board to the CEO and
Board of Directors. The work is structured in a manner that is consistent with many
other utilities and company's Y2K programs. SCE has a clean management
program which guards against the reintroduction of any non -Y2K ready systems into
a system that has already been remediated. SCE practices contingency planning
on a regular basis for all kinds of disasters. She explained that SCE tests all
vendor systems to be certain of compliance. Due to extensive research, SCE has
determined that on January 1, 2000, there will be outages within the system due to
things such as people celebrating Y2K, hitting poles, windstorms and other non -
Y2K related events. SCE will have an additional 500 people on staff as of January
1, 2000 to provide rapid response to any disturbances that might occur. SCE does
not want to see any interruption in the safe and reliable service that it has provided
for over 100 years.
Gary George, Public Affairs Manager for GTE, encouraged people not to panic.
The utilities that have been with the public all along the way will still be with the
public at the turn of the century. GTE established its Y2K program and office in
1999. GTE has more than 1200 employees working on this situation along with 30
core team members that continually monitor all of the systems. GTE is a member
of the CalCo 2000 Forum established by the President of the United States in 1995.
Other members include: Ameritech, Bell Atlantic, Bell South, Southwest Bell
(PacBel), US West, Southern and New England Tel. The infrastructure testing for
Y2K compliance was completed in 1998 and to date, all tests were successful and
positive which means that all internal systems are system compliant and all vendor
systems are Y2K compliant. Any new vendors must be Y2K compliant or they are
not hired. Persons with questions may contact GTE through their website at:
www.telcoyear2000.org. GTE does not anticipate a problem. However, if a
problem does occur, GTE has 24-hour battery backup systems and generator
backup at all of its central offices. He asked people not to flood the system with
telephone calls and to instead, have confidence that the system will be functioning.
In response to C/Huff, Mr. George stated that home and business telephone
systems with battery backup systems will continue to be fully functional in the event
of power failure. With respect to cell phone technology, PacBel's system is on the
same compliance program as GTE.
In response to MPT/O'Connor, Mr. George stated that GTE utilizes satellites. All
satellites and associated equipment have been brought into compliance.
Nancy Stuve, Southern California Gas Company, explained that a special task force
had been appointed to identify potential problem areas for the Gas Company and
June 5, 1999 Page 7 TOWN HALL MEETING
all affiliate companies. The project is on scheduled to be resolved by June, 1999.
She outlined what Sempre Energy had been doing to bring the systems into
compliance. She explained that approximately 60% of the company's systems
require change. The company is proceeding to insure that its systems are in
compliance and that none of its operations will be impeded by January 1, 2000.
In response to CM/Belanger, Ms. Stuve reported that if an entire area shuts down,
a crew will be assigned to the area to get the system up and running. All homes will
be visited, the gas turned back on and all appliances will be checked. She
recommended that if the gas to the house is off, that residents do not tum on their
own gas and that they call the gas company for service.
Dennis Hernandez, Walnut Valley Water District, stated that the District is working
vigorously to insure that the public will have an uninterrupted supply of water on
January 1, 2000 and beyond. He explained the various phases of the company's
program. During the assessment phase, the District realized that there were certain
things that had to be done to reach compliance including replacement of its
mainframe computer system, and update of its operating system and programs.
The personal computers used by the District and the pump plant systems are Y2K
compliant. Since March, the District has been using programs that utilize a four
digit year and the system has experienced no problems. If the SCADA system fails,
the District has the ability to operate its pump stations manually. At the end of the
year, the District will fill all of its reservoirs and tanks in preparation for any
unforeseen prolonged power outage so that it will be able to provide uninterrupted
water service to D.B. The District office has a propane -powered emergency
generator that will keep the office operational. This system is checked on a weekly
basis. In addition, there are two portable gas -powered transportable pumps that
will keep the water flowing. The company has its own gas tank and intends to have
all of its trucks and portable generators filled with gasoline at the end of 1999.
Walnut Valley Water District fully expects to be able to provide its customers with
uninterrupted water service.
In response to MPT/O'Connor, Mr. Hernandez indicated that the gas -powered
pumps will feed water to approximately 200 homes and are easily transportable.
In response to CM/Belanger, Mr. Hernandez explained that most of the water
service in D.B. is provided by gravity. The water from Lake Matthews comes
through pipelines and gravity feeds to the Laverne treatment plant and most of the
water for D.B. comes directly from that plant.
Joe Dunn, Production Manager, Century Communications, stated that his company
is ready for the new century and that all systems are Y2K compliant. Channel 12
will continue running.
CM/Belanger reported on companies not represented at this Town Hall Meeting
(L.A. County Sanitation District, Three Valleys Water District, Metropolitan Water
June 5, 1999 Page 8 TOWN HALL MEETING
District and the cellular telephone companies) contingency plans. Information
regarding these entities will be placed on the City's website for the public's
information.
Mark Tamayo, Walnut Valley Unified School District, stated that about two years
ago, the District began looking at what it might face regarding Y2K issues, such as
acquisitions of hardware and software. The District formulated a plan which looked
at the areas of safety, communication, operation and remediation. With the
exception of two large antiquated telephone systems at the high schools, the
systems are in compliance. If the assurance that the District is receiving from SCE
holds true, the systems will remain in operation. The manufacturer of electric and
fuel bus computer chips have assured the District that the buses will operate.
Should the schools experience loss of water or power, the State will not allow
operation to continue and in that case, the District will resort to its earthquake
preparedness plan. The District is about 65% complete in reaching compliance
within the computer labs. The remainder of the equipment and programs will be
moved out and replaced by new acquisitions.
In response to MPT/O'Connor, Mr. Tamayo indicated that the student record system
is currently undergoing upgrades and is expected to be completed by July, 1999.
Current records continue to be available. The District does not perceive a difficulty
in students obtaining their transcripts in 2000.
Dr. Jerry Livesey, Pomona Unified School District, explained the District's mission
critical areas: Diagnosing and treating student operations, programming, treating
student data and information systems, updating business systems. The District
completed the treatment for business programs prior to the end of January, 1999;
student information systems the end of June, 1999. Other non-critical mission
areas are anticipated to be completed by August, 1999 prior to the fall opening.
The District is posting a website for its community members: www.pusd.org with
issues relative to Y2K. The system will be interactive so that the public can ask
questions and receive responses.
In reply to MPT/O'Connor, Dr. Livesey stated that he would always request an
advance hardcopy of student records as an ounce of prevention. However, the
District does not anticipate any system problems in 2000 and expects to be able to
provide prompt and accurate record information relative to student data.
In response to CM/Belanger, Dr. Livesey indicated that the District is currently
working on the electronic notification system.
TRANSIT:
Brian Hunt, President, Yellow Cab, regarding Diamond Ride, said that all systems
are go for the year 2000 in the taxicab business. The computerized dispatch
system has been updated for Y2K compliance. The entity is dependent upon the
June 5, 1999 Page 9 TOWN HALL MEETING
infrastructure that is being discussed today - electricity and fuel, telephone system
and computer systems. The system has backup generators, battery systems and
alternative radio routes that can be used without electricity. Fuel is critical to the
system. A 7 to 10 day supply of propane is maintained at the site and several fuel
vendor accounts are maintained. New Year's Eve is the industry's biggest night
and 1999's Friday night eve will be one of the biggest. Therefore, Yellow Cab is in
the process of readying many of the vehicles that do not normally run during such
events to make them available to help meet some of the demand. Friday afternoon
will be extra busy and he encouraged Diamond Ride participants to do their
shopping early to avoid the rush.
Len Thompson, Y21K Task Force Coordinator for CalTrans District 7 area (L.A. and
Ventura), stated that his firm is working on contingency plans for providing at least
a minimum level of service to internal, external and business customers as well as
local agencies. He explained the Task Force's pursuits and areas of concern. His
telephone number is (213) 897-0819.
MPT/O'Connor asked if CalTrans systems are run by computers and if the
computers have been updated.
Mr. Thompson responded that the computers have been updated to plus 90%. The
balance will be completed before the July 31, 1999 submittal date. CalTrans will
have compliance with all of the computers that regulate the traffic signals and main
office. Pumping plants are regulated by water level.
Joe Vincente, MTA, congratulated Council and staff for holding this Town Hall
meeting so that the community will be assured that life will continue as usual after
December 31, 1999. He assured D.B. residents that there will be no adverse
impact on them from MTA. He presented a slide show, which depicted MTA's
preparation to meet the demands of Y21K.
Steve Sieschlag, Foothill Transit, thanked the other vendors for their presentations.
All of the presenters are inter -dependent. Foothill Transit may be prepared but if
all of the other vendors are not prepared, the service is out of business. All of
Foothill Transit's computer hardware is Y21K compliant. Vendors have assured us
that the software programs are compliant. However, as a contingency, FT is
running a prototype to run every application that is currently in place and roll the
dates over to make absolutely certain everything works on the simulated January
1, 2000. In addition, FT does not believe it will have difficulty placing busses on the
street regardless of computer systems. He explained that FT has alternative fuel
sources at each of its two facilities - EI Monte and Pomona. The Pomona facility
has a large backup generator that will run the entire facility for an extended period
of time. Assuming that there are no power outages for extended periods of time,
FT does not believe it will have a problem in the transport areas. The software that
runs the fare systems on the buses is not Y21K compliant. Therefore, FT has let a
contract to GenFare to upgrade the software for all of the fare boxes which will be
June 5, 1999 Page 10 TOWN HALL MEETING
completed this fall. The dispatch system is a fixed route system. FT has made
arrangements to have sufficient fuel in all of its tanks at the maintenance and
operations facilities and has power backup systems at the maintenance facilities
and at the management offices in West Covina. FT is currently updating its
telephone system for management purposes only. In all other respects, the current
system is Y2K ready.
Peter Hildago, Manager of Media and Government Relations for Metrolink,
explained the regional rail authority's system for Y2K compliance on its long
distance passenger railroad system. The City of Industry station, which serves
D.B., is the most popular station for use by passengers of the 46 train stations that
Metrolink administers throughout the six counties of the Southern California area.
He assured the public that the gate system is not date sensitive and all railroad
crossings should not have a problem with respect to the Y2K issue. Locomotives
and event records will be updated to insure compliance. Vendor tests have
rendered ticket purchase systems compliant. Administrative staff members will all
receive new Y2K compliant computers next month. In addition, a new telephone
service will be in place prior to year end.
CLOSING COMMENTS:
CM/Belanger said that the community as well as the country in general should be
greatly comforted by the fact that the public and private agencies that serve them
are mindful of the issues that have been raised related to the year 2000. All
agencies are doing everything necessary and appropriate to assure that our lives
are going to be unaffected by the passage of the year 1999 into the year 2000. He
urged the community and to have faith and trust the efforts of all of the people who
are involved, that the year 2000 will not have an effect so that when January 1,
2000 rolls around, that the cataclysm that everyone was concerned about that had
been planned for not to happen, does not occur as a result of the public's lack of
trust in its public officials and businesses. If you pick up the phone on January 1,
you may trigger an event that would not have happened had you not picked up the
phone. Let the systems that work all of the rest of the year work when we pass from
the year 1999 to the year 2000. To assuage the public's concerns, the City will
provide information through the remainder of the year through the written media as
well as throughout its electronic media. If the public has concerns that cannot be
answered through these devices, they should call City Hall and staff will make every
effort to get answers to any and all questions.
PUBLIC COMMENTS:
Jack Wong believed there was a lot of denial at work with respect to what will occur
worldwide. He believed the potential problems are really more serious than the
public has been led to believe. He commended D.B. for its heads up approach. He
did not believe people understand how serious the imbedded chip situation is.
June 5, 1999 Page 11 TOWN HALL MEETING
Joseph Chan thanked Council and staff for hosting the Town Hall meeting. He
asked about the sewage system and said he would like to hear from the sanitation
department. He asked what will happen if everyone is wrong and the electricity will
not come on, the telephone system won't work and there is no water. No one really
addressed the issue of how long the interruption of basic services might last.
CM/Belanger reiterated that sanitation department information will be available
through the City's electronic system. He explained that the City is preparing for the
worst possible scenario with respect to Y21K. With respect to Mr. Wong's concern
regarding fossil fuel, the City will endeavor to get information about what is being
done by those companies to insure that we do not experience a halt in petroleum
products as a result of the imbedded chip system.
M/Chang thanked staff and presenters for providing information in this public forum.
MPT/O'Connor thanked presenters for the valuable input. She said it is interesting
to hear how the different entities are inter -related and dependent upon one another.
She asked staff to include public information regarding the trucking industry, the
grocery industry, the banking industry, hospital industry and gas station industry.
She thanked everyone for their participation.
C/Huff thanked staff and the attendees. With respect to the imbedded chip
industry, it was cheaper for the computer industry to produce a chip for a clock that
included all of the functions. Other applications may use similar technology. While
the need for a calendar or a time was not contemplated, it may still result in a
complication which is the driving force behind a lot of concerns, especially with
respect to second and third world countries. He is pleased that D.B. has taken a
proactive approach to the Y21K concerns.
ADJOURNMENT: There being no further business to conduct, M/Chang adjourned the
Town Hall Meeting at 12:00 noon.
ATTEST:
Mayor
LYNDA BURGESS, City Clerk
2
CITY OF DIAMOND BAR
"*T � r t , '-1
CITY COUNCIL STUDY SESSION ,�
1999/2000 FISCAL YEAR MUNICIPAL BUDGET
CODE ENFORCEMENT
JUNE 15, 1999
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 -2,
21865 E. Copley Drive, Diamond Bar, California.
ROLL CALL: Council Members Ansari, Herrera, Huff,
Mayor Pro Tem O'Connor and Mayor Chang.
Also Present were: Terrence L. Belanger, City Manager;
James DeStefano, Deputy City Manager; David Liu, Deputy Public Works Director;
Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Mike
Nelson, Communications & Marketing Director; Tommye Cribbins, Deputy City
Clerk, Richard Martinez, Walnut Sheriff Captain; Bill Flannery, Walnut Sheriff
Sergeant; Kellee Fritzal, Assistant to the City Manager; Anne Haraksin,
Administrative Assistant; Rose Manela, Assistant Civil Engineer and Al Flores,
Code Enforcement Officer.
A. 1999/2000 FISCAL YEAR MUNICIPAL BUDGET DISCUSSION:
CM/Belanger stated that items listed as Item 7.2 recommended by the Finance
Committee were included in the proposed budget. Five items were not included in
the budget: 2% Cost of Living adjustment (recommended by the Finance
Committee); proposed increase in the cafeteria benefit amount by $30 per month;
amendment to the Public Employee Retirement System contract to provide for 2%
at 55 retirement; proposal by the Sheriff Department to provide a dedicated
Sergeant and to provide additional special assignment deputies. Listed in the
memoranda are the additional costs of each of those items together with a synopsis
of what the year-end balance would look like if any one or a variation of these items
were approved in the budget. For the purpose of discussion, the estimated year-
end General Fund balance is $757,525. The calculations on items 1 through 5
were done based upon the assumption that the 2% salary adjustment would be
approved. If all items are approved, the year end General Fund balance would be
$393,015, assuming that General Fund monies are used to fund all items.
Additional items have been proposed as a result of subsequent discussions:
Proposed RDA streetscape improvement project which would increase the number
of median trees by 500 - (24 and 36 inch boxed trees) $175,000.
C/Huff stated that he would like the City to go ahead and plant trees in the medians.
More importantly, Council talked about a goal of a beautification program for the
City, of which this would be a part. However, he expressed concern about the
contract with West Coast Arborists because he did not realize he was voting to
replace pine trees with deciduous trees or another type. Further, he was concerned
about the sidewalks and whether or not they will be disturbed by such plantings or
will the City choose to place sidewalks around the trees. He believed Council
JUNE 15, 1999 PAGE 2 CITY COUNCIL STUDY SESSION
needs to study this matter and devise a plan for phasing in trees over a five or ten
year period in which the City removes trees it doesn't like and replant them with
other trees before moving sidewalks.
CM/Belanger stated that this is a two-part program. The City has a tree trimming
program that corresponds with the slurry seal areas. Tree replacement and
emergency work is included in that plan.
C/Ansari said she would like to see the medians planted first because the City may
not need 500 trees, it may need ground cover or special bushes. She would like
staff to develop a plan before proceeding with the planting. She believed that by
planting azaleas or lantana, that it would give the areas a more symmetrical look.
She would also like for the plan to include a special sprinkler system.
C/Herrera asked if the entire $350,000 amount is for planting trees.
CM/Belanger responded "no". These are three areas that have either dirt or
asphalt parkways. The budget amount is to do some kind of landscaping. In some
cases, sprinkler systems would not be feasible and, therefore, there would need to
be a different kind of system which limits the kind of landscaping that can be done.
C/Herrera pointed out that the trees near Chuck E. Cheese are very large and are
bringing up the sidewalk. She asked about the feasibility of removing the concrete
on the green areas and planting flowers.
CM/Belanger indicated that a certain amount of sidewalk must be maintained.
DDPW/Liu stated that improvements to this area will be included as part of the Brea
Canyon Rd. street improvement project which is identified this fiscal year and is
currently under design. The intent is to incorporate some sort of design to
accommodate those trees.
In response to C/Huff, CSD/Rose explained that the City had been working with
West Coast Arborists since the tree planting contract was approved (about this time
last year) and although it was a reactive plan at that time, the plan that was
developed by West Coast is a proactive approach. It is a matter of meeting with
them to come up with the species and specifics of the plan. The City has already
identified the 500 spaces where the median tree planting would take place. The
tree planting budget does not envision removal of large areas of trees. The City is
not planting alternate species at this time.
Council concurred to hold a study session regarding the City's tree planting
program at a future date.
CM/Belanger stated that, in accordance with Council's wishes, the budget item will
refer to "Streetscape Improvement Program" instead of "Tree Planting in the
JUNE 15, 1999 PAGE 3 CITY COUNCIL STUDY SESSION
Medians" in the RDA. Landscape parkways could be done under the auspices of
the RDA or Landscape Lighting District #38. That portion of Golden Springs Dr. is
in the Redevelopment Project Area.
In response to C/Ansari, CM/Belanger stated that there is $250,000 in General
Fund Reserves estimated at the end of the fiscal year after completion of the
median projects on Golden Springs Dr., Gona Ct. and Lemon Ave. as well as
retrofitting of the medians on Lemon Ave.
CM/Belanger stated that the City has a proposal from a firm to do Super Graphics
($15,000) for creation of an identity through street signs including overhead signs
and signs used to identify buildings and parks.
CM/Belanger asked for the Council's direction on the proposals regarding
2%@55/cafeteria/sergeant/special assignment deputy.
Captain Martinez responded to questions regarding the sergeant and special
assignment deputy. D.B. has the prerogative of not only saying that it wants a
dedicated sergeant but that it wishes a specific person.
In reply to C/O'Connor, Captain Martinez stated that a COPS High Impact Program
lasts for four months, which would involve four months of SAO's salaries. He was
not sure what the dollar amount would be.
Sgt. Flannery indicated that it takes six months to a year to obtain State Grant
monies.
In response to C/Herrera, Captain Martinez indicated that the special assignment
team would assist with formation of block watch groups. The department regularly
advertises for block watch meetings with limited response. The Community
Volunteer Patrol does not actively recruit block watch groups. However, they do
participate in Neighborhood Watch meetings.
C/Ansari asked about using CSO's for the program, to which Captain Martinez
replied that he felt that a better use of funds would be to use community volunteers.
C/Ansari expressed concern about loss of revenue to the City and asked about
grant monies.
Captain Martinez responded that there is a lot of competition for grant monies. He
asked if Council wishes to consider Lanterman as part of a grant application.
M/Chang asked for a show of hands by Council for each item under consideration.
1. 2% salary increase - 5 yes
2.
JUNE 15, 1999 PAGE 4 CITY COUNCIL STUDY SESSION
2. 2% at 55 - 2 yes, 3 no
3. Cafeteria increase - 5 no
4. Dedicated sergeant - 5 yes
5. Special Assignment Deputy - 5 no
C/Ansari asked where the $15,000 for flowers in the medians is plugged into the
budget.
CSD/Rose responded that this amount is included in the contract with Accurate
Landscape & Maintenance that is up for consideration on tonight's Council agenda.
B. CODE ENFORCEMENT:
CM/Belanger stated that, as a part of this year's budget proposal, a part time Code
Enforcement Officer was being considered. The City has had, over the years, a full
time Code Enforcement Officer. The desire is to focus more attention on Code
Enforcement activities and staff is recommending a part time individual to assist in
that effort.
DCM/DeStefano stated that, as a member of the Planning staff, Al Flores has acted
as the City's Code Enforcement Officer for the past 10 years. The City generally
operates on a reactive basis with the exception of health and safety related issues,
rather than a proactive basis, which has been the policy for many years. During
each of the last two years, Al has responded to some 800-1000 documented cases.
The City uses the Fire Department for fires, weed abatement and public assembly
where the number of people exceeds the level of appropriate occupancy, which
happens very infrequently within the City. The City uses animal control services.
However, Al is often the person who receives the initial complaint and frequently
works with animal control to resolve the matter. The City works with the County's
business license for businesses that are not probably licensed, or which may be
operating in violation of the County Code, if not the City Codes. Al also works
closely with the Public Works and Building & Safety staff to deal with code
enforcement related problems. Of the 800-1000 cases each year, a majority is
property maintenance related. D.B. does not have the level of problems with
substandard structures, overcrowding, illegal uses in certain zones experienced by
older communities. Staff is not concerned with who makes the complaint. The City
regularly takes anonymous complaint calls. Staff is concerned with the problem
and whether or not there is a violation of the Code. Most complaints are responded
to on a personal verbal basis initially, whereas some jurisdictions immediately file
a 10 day notice with the offending party. The overwhelming majority of the 800-
1000 cases are resolved on the initial visit. Only about 1 case per year is taken to
the District Attorney. Most of the violations are dismissed by working the complaint
with the property owner or with other resources to try and persuade the property
owner to respond.
CE/Flores stated that reactive response was the policy under previous management
JUNE 15, 1999 PAGE 5 CITY COUNCIL STUDY SESSION
and has continued to today. He believed it was a good approach because most
problems can be resolved through verbal contact. Most calls involve debris or
appliances that have not been removed from the premises. The second most
frequent complaint is regarding landscaping and third is illegal construction such
as patios, new roofs, etc. and fourth, the City receives many calls regarding trash
bins and fliers.
C/Herrera suggested that the Community Volunteer Patrol could help distribute
flyers advising people that they need to take their trash bins away from the curb
within a certain period of time.
DCM/DeStefano believed that success is not necessarily measured by the number
of citations that end up before a judge or the District Attorney. Staff believes that
its success rate is at or better than what other cities are doing. Some adjacent
cities have 100 cases or more a year before the District Attorney or a judge.
C/Huff asked what staff discovered when they responded to Martha Bruske's
complaint regarding 603 Great Bend Dr.
CE/Flores said he sat on the street in different vehicles six days in a row and did
not witness any illegal activity at the house in question.
C/Ansari said she visited the site and saw two cars pull up in front of the house and
the occupants visiting the premises.
DCM/DeStefano stated that while CE/Flores was in the area, there were other staff
members driving through the neighborhood to see if there was anything that was
occurring. Staff did not witness the same level of activity that was complained
about.
C/Ansari asked how much the benefits amount to for the part time Code
Enforcement position.
FD/Magnuson responded that the amount is based on half-time benefits. Full time
salary is $37,600. Therefore, half time salary is about $18,500.
CM/Belanger stated that the salary of the Code Enforcement Officer is at a level of
about 80 to 90 percent of the average. As a general rule, clerical classifications are
at 95% or above of average. Management and professional classes are below
average. He asked that matters related to Code Enforcement be carried forward
to a future Council Study Session..
MPT/O'Connor suggested a Council Subcommittee be appointed to look into this
matter and make recommendations to Council.
JUNE 15, 1999 PAGE 6 CITY COUNCIL STUDY SESSION
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
TOMMYE CRIBBINS, Deputy City Clerk
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
JUNE 15, 1999
STUDY SESSION:
Present:
O'Connor and Mayor Chang.
5:10 p.m., SCAQMD Room CC -2
a) Fiscal Year 1999-2000 Municipal Budget
b) Code Enforcement
Council Members Ansari, Herrera, Huff, Mayor Pro Tem
Also present were: Terrence L. Belanger, City Manager; James DeStefano, Deputy City
Manager; David Liu, Deputy Public Works Director; Bob Rose, Community Services Director;
Linda Magnuson, Finance Director; Mike Nelson, Communications & Marketing Director; Tommye
Cribbins, Deputy City Clerk; Richard Martinez, Walnut Sheriff Captain; Bill Flannery, Walnut
Sheriff Sergeant; Kellee Fritzal, Assistant to the City Manager; Anne Haraksin, Administrative
Assistant; Rose Manela, Assistant Civil Engineer and Al Flores, Code Enforcement Officer.
Study Session adjourned 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 Pro Tem
O'Connor and Mayor Chang
Also present were: Terrence L. Belanger, City Manager; Mike Jenkins, City
Attorney; James DeStefano, Deputy City Manager; David Liu, Deputy Public Works Director; Bob
Rose, Community Services Director; Linda Magnuson, Finance Director; Mike Nelson,
Communications & Marketing Director, and Tommye Cribbins, Deputy City Clerk.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mike Goldenberg.
INVOCATION: The Invocation was given by Reverend Ted Meyers, ELCA,
Shepherd of the Hills Lutheran Church.
APPROVAL OF AGENDA: As presented.
3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
3.1 Presented Certificates of Recognition to the 1999 California Distinguished Schools -
Principals Jan Keating; Chaparral Middle School, Carol Eckart; Carol Wilner, Lorbeer
Middle School and Marlene Ministeri, South Point Middle School.
3.2 Presented Certificates of Recognition to Jennifer Suban, 8th Grade Lorbeer Middle School,
and Shannon Wright, 6th Grade Chaparral Middle School, recipients of the "All American
Scholar" Award.
JUNE 15, 1999 PAGE 2 REGULAR CITY COUNCIL MEETING
3.3 Presented Certificates of Recognition to Community Patrol Volunteers Margie Brouse,
Ignacio Covarrubias, Ray Engelke, Teodoro Galelli, Mike Goldenberg and Mike Miller for
accumulating 1000 hours of service,
3.4 Presented City Tile to D. B. 1 st Ward Relief Society, Women's Organization of the Church
of Jesus Christ of Latter -Day Saints; and Certificates of Recognition to: Charlene Law,
Karen Pinkleman, Caprece Hart, Vida Kilburn, Donna Aquila, Ann Winward, Sylvia
Summers, Sonya Neal, Yvonne Bryan, Danelle Prince, Esther Barry, Joanne Vorkink,
Joyce Rauch, Linda Stevenson, Nonie Bruner, Cula Farnsworth, Karlene Edwards, Valerie
Chamberlain and Diane Diaz, members of the D. B. 1 st Ward Relief Society for designing
and piecing together 157 quilts, beginning March 1998 to March 1999, for needy children.
4. PUBLIC COMMENTS: Dr. Lawrence Rhodes introduced a young man who
spoke about suffering from fits of rages which come on him suddenly and for which he has no
memory.
Red Calkins spoke about the State's notification of its mandates for solid waste pickup as well as
a private prison in the Mojave Desert that is looking for 2300 prisoners. He believed that this
prison could accommodate the forensic patients that might otherwise be housed at the Lanterman
facility.
George Perry spoke about the Pacific Crest Drum and Bugle Corps' competition season. A Drum
Corps show is scheduled for Saturday, June 26 starting at 6:30 p.m. The event will be held at the
Mt. SAC stadium.
C/Ansari stated that she witnessed an outstanding show last year and she encouraged everyone
to attend the upcoming performance.
Clyde Hennessee said that local cable television service is bad and wondered when the promised
improvements would be completed. He asked why the City's franchise fee increased.
Sue Sisk spoke about the Lanterman Task Force's trip to Sacramento regarding the Lanterman
issue and more specifically, AB 373. She asked interested citizens to copy the letter in support
of AB 373 from the City's Website and send it to Sacramento as soon as possible. Over the
weekend, the letter will be distributed throughout the community. Interested parties may call
Deane Homes Swim Club at 860-3418 to obtain a copy of the letter.
Wally Leman asked for support of AB 373 from citizens of D.B., Walnut and Pomona. He
commended Sue Sisk for her dedication to lead the Lanterman Task Force and fight against the
expansion project. If the project is to be stopped, more people must call the Governor and send
letters and faxes to Sacramento opposing this project.
5. SCHEDULE OF FUTURE EVENTS:
5.1 9TH ANNUAL CONCERTS IN THE PARK - First in the series of 10 concerts - June 16,
1999 - 6:30 - 8:00 p.m., SOUTHLAND BAND (Contemporary), Sycamore Canyon Park,
JUNE 15, 1999 PAGE 3 REGULAR CITY COUNCIL MEETING
22930 Golden Springs Rd.
5.2 HOUSEHOLD HAZARDOUS WASTE ROUNDUP - June 19, 1999 - 9:00 a.m. - 3:00 p.m.,
U.S. Postal Services Processing Center, 15421 Gale Ave., City of Industry.
5.3 SMALL BUSINESS SEMINAR IN CONJUNCTION WITH THE DIAMOND BAR CHAMBER
OF COMMERCE - (Second in a Series) - June 22,1999,7:00 p.m. - 9:00 p.m., SCAQMD
Room CC -6, 21865 E. Copley Dr.
5.4 PLANNING COMMISSION - June 22, 1999 - 7:00 p.m., SCAQMD Auditorium, 21865 E.
Copley Dr.
5.5 CONCERTS IN THE PARK - UPSTREAM (Reggae) - June 23, 1999 - 6:30 - 8:00 p.m.,
Sycamore Canyon Park, 22930 Golden Springs Dr.
5.6 PARKS & RECREATION COMMISSION - June 24, 1999 - 7:00 p.m., SCAQMD Hearing
Board Room, 21865 E. Copley Dr.
5.7 LANTERMAN TASK FORCE MEETING - June 28, 1999 - 6:30 p.m., SCAQMD, 21865 E.
Copley Dr.
5.8 SPECIAL CITY COUNCIL MEETING - June 29, 1999 - 6:30 p.m., Civic/Community Center,
SCAQMD Auditorium, 21865 E. Copley Dr.
5.9 CONCERTS IN THE PARK - LONG BEACH JR. CONCERT BAND (Patriotic) - June 30,
1999 - 6:30 - 8:00 p.m., Sycamore Canyon Park, 22930 Golden Springs Dr.
5.10 4th of JULY HOLIDAY - City Offices will be closed Monday, July 5, 1999 in observance of
the Holiday. City Offices will reopen Tuesday, July 6, 1999.
5.11 CITY COUNCIL MEETING - July 6, 1999 - 6:30 p.m., SCAQMD Auditorium, 21865 E.
Copley Dr,
CM/Belanger announced that the City Council Meeting of June 1, 1999 will be re -broadcast on
Channel 12 on Saturday, June 19, 1999 at 9:00 a.m. and that the June 15, 1999 City Council
meeting will be re -broadcast at 12:30 p.m. the same day. He further indicated that the Lanterman
Town Hall Meeting will be re -broadcast three times: June 21, June 28 and July 5, 1999 at 6:00
p.m.
6. CONSENT CALENDAR: C/Huff moved, C/Ansari seconded, to approve the Consent
Calendar with the exception of Items 6.1, 6.5, 6.6, 6.7 a, d, and e, 6.11, 6.12 and 6.14. Motion
carried by the following Roll Call vote with MPT/O'Connor abstaining from voting on P.O. 8746
in the amount of $135, P.O. 8745 in the amount of $250.06, P.O. 8760 in the amount of $242.35
and P.O. 8726 in the amount of $73.32 because these items pertain to the Lanterman issue, from
which she has recused herself.
JUNE 15, 1999
PAGE 4 REGULAR CITY COUNCIL MEETING
AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, MPT/O'Connor, M/Chang
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
6.2 RECEIVED & FILED PARKS & RECREATION COMMISSION MINUTES - Regular
Meeting of April 22, 1999.
6.3 APPROVED VOUCHER REGISTER - dated June 15, 1999 in the amount of $219,413.88.
6.4 APPROVED EXONERATION OF GRADING PERMIT BOND (FAITHFUL PERFORMANCE,
LABOR & MATERIAL) AND FAITHFUL PERFORMANCE BOND FOR CORRECTIVE
GEOLOGIC IMPROVEMENTS FOR TRACT 43162 IN DIAMOND BAR - a) in the amount
of $146,300 and Faithful Performance Bond for Corrective Geologic Improvements in the
amount of $114,800 for Tract No. 43162 and b) directed the City Clerk to notify the owner
and Surety of this action.
6.7 APPROVED EXTENSION OF MAINTENANCE CONTRACTS FOR:
(B) GRAFFITI REMOVAL CONTRACT WITH GRAFFITI CONTROL SYSTEMS - for FY
1999-2000 in an amount not to exceed $35,000 ($30 per site/1,160 sites).
(C) CITY-WIDE STREET TREE MAINTENANCE CONTRACT - to West Coast
Arborists, Inc., in an amount not to exceed $80,000 for the 1999-2000 FY_
6.8 AWARDED CONSTRUCTION CONTRACT FOR THE MEADOWGLEN ROAD PUBLIC
STREET IMPROVEMENTS PROJECT - to Gentry Bros., Inc., in an amount not to exceed
$241,760 and authorized a contingency amount of $25,000 for project change orders to
be approved by the City Manager, for a total authorization amount of $266,760.
6.9 AWARDED CONSTRUCTION CONTRACT FOR THE AMBUSHERS STREET DRAINAGE
IMPROVEMENTS PROJECT - to B.R. Day Construction, Inc., in an amount not to exceed
$168,235 and authorized a contingency amount of $17,000 for project change orders to
be approved by the City Manager, for a total authorization amount of $185,235.
6.10 AWARDED CONSTRUCTION CONTRACT ADMINISTRATION/INSPECTION SERVICES
FOR THE AMBUSHERS STREET DRAINAGE IMPROVEMENT PROJECT AND THE
MEADOWGLEN ROAD PUBLIC STREET IMPROVEMENTS PROJECT - to Dewan,
Lundin & Associates for a) the Ambushers Street Drainage Improvement Project, in an
amount not to exceed $8,312 and provide a contingency amount of $3,000 for contract
amendment(s) to be approved by the City Manager, for a total authorization amount of
$11,312 and b) the Meadowglen Road Public Street, in an amount of $10,720 and provide
a contingency amount of $3,000 for contract amendment(s) to be approved by the City
Manager, for a total authorization amount of $13,720.
(B) ADOPTED RESOLUTION NO. 99-46: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR APPROVING SPECIFICATIONS FOR THE
JUNE 15, 1999
PAGE 5 REGULAR CITY COUNCIL MEETING
AREA 1 ASPHALT RUBBER AGGREGATE MEMBRANE (ARAM) OVERLAY
PROJECT IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK
TO ADVERTISE TO RECEIVE BIDS.
6.13 AWARDED PROFESSIONAL DESIGN SERVICES FOR CHINOOK PLACE/SAN
LEANDRO DRIVE (AND VICINITY STREETS INCLUDING COVERED WAGON DRIVE,
BALLENA DRIVE, BREGANTE DRIVE) DRAINAGE IMPROVEMENT PROJECT - to
Dewan Lundin & Associates, in an amount not to exceed $49,160 and provide a
contingency amount of $840 for contract amendment(s) to be approved by the City
Manager, for a total authorization amount of $50,000.
6.15 APPROVED PURCHASE OF GENERAL OFFICE SUPPLIES FOR FY 1999-2000 -
established an open Purchase Order in the amount of $15,000 with Staples for the
purchase of general office supplies for FY 1999-2000.
6.16 APPROVED INCREASE IN CONTRACT WITH PAUL WRIGHT FOR AUDIO-VISUAL
SERVICES — in the amount of $2,000 for a total contract of $12,000.
6.17 RECEIVED, ACCEPTED AND FILED PROPOSITION A LOCAL RETURN FUND,
PROPOSITION C LOCAL RETURN FUND AND TRANSPORTATION DEVELOPMENT
ACT AUDITS FOR THE FISCAL YEARS ENDED JUNE 30, 1998 AND 1997.
6.18 APPROVED BUDGET ADJUSTMENT FOR BUILDING AND SAFETY SERVICES -
increasing revenues by $75,000 and expenditures by $45,000.
MATTERS WITHDRAWN FROM CONSENT CALENDAR:
6.1 APPROVAL OF MINUTES - Regular Meeting of June 1, 1999 - C/Ansari asked that the
vote on Item 9.2 on Page 14 be corrected to 3 AYES (Huff, MPT/O'Connor and M/Chang)
and 2 NOES (Ansari and Herrera). This item was continued to July 6, 1999.
6.5 AMENDMENT NO. 2 TO CONTRACT WITH ARMENTROUT CONSULTANTS FOR
EMERGENCY PREPAREDNESS SERVICES.
Following discussion, C/Ansari moved, C/Herrera seconded, to approve Amendment No.
2 to the Professional Services Agreement with Armentrout Consulting for Emergency
Preparedness Services for one year in an amount not to exceed $16,640. Motion carried
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
6.6 a) EXTENSION OF CONTRACT FOR MINUTE SECRETARY SERVICES -
Following discussion, C/Ansari moved, MPT/O'Connor seconded, to authorize the City
JUNE 15, 1999
PAGE 6 REGULAR CITY COUNCIL MEETING
manager to temporarily extend the agreement with Carol A. Dennis for Minute Secretary
services for City Council, Planning Commission, Parks & Recreation Commission and
Traffic & Transportation Commission meetings in the amount of $6,000 for the period July
1, 1999 through September 30, 1999. 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
6.7 EXTENSION OF MAINTENANCE CONTRACTS FOR:
(A) EXTENSION OF WEED/LITTER ABATEMENT CONTRACT WITH LANTERMAN
DEVELOPMENT CENTER -
Following discussion, C/Herrera moved, MPT/O'Connor seconded, to approve the
extension of the contract with Community Industries Lanterman Developmental Center for
supplemental weed and litter abatement for FY 1999-2000 for a total contract amount of
$16,483 and specifying that the contract include language that of the individuals that will
be doing the work, no forensic or severe behavioral patients will be included and that the
road crews will wear some identifiable clothing. 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
(D) EXTENSION OF AS -NEEDED STREET TREE PLANTING SERVICES -
Following discussion, C/Huff moved, C/Ansari seconded, to approve extension of the
contract for City-wide street tree maintenance to West Coast Arborists, Inc., in an amount
not to exceed $10,000 for the 1999-2000 FY and direct staff to bring back a tree planting
replacement program that is more comprehensive and proactive. 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
(E) EXTENSION OF CITY-WIDE LANDSCAPE MAINTENANCE CONTRACT -
Following discussion, C/Huff moved, C/Ansari seconded, to approve extension of the
contract with Accurate Landscape & Maintenance for City-wide Landscape Maintenance
Services for FY 1999-2000 including the 2.5% C.P.I. increase, in the amount of
$239,198.16; authorize a contingency not to exceed $65,000 for additional necessary work
during the fiscal year; and direct staff to bring back a tree replanting replacement program
that is more comprehensive and proactive. Motion carried by the following Roll Call vote:
JUNE 15, 1999
PAGE 7 REGULAR CITY COUNCIL MEETING
AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, MPT/O'Connor, M/Chang
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
6.11 (A) RESOLUTION NO. 99-45: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR APPROVING SPECIFICATIONS FOR THE AREA 1 SLURRY SEAL
PROJECT IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO
ADVERTISE TO RECEIVE BIDS -
(B) RESOLUTION NO. 99-46: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR APPROVING SPECIFICATIONS FOR THE AREA 1 SLURRY SEAL
PROJECT IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO
ADVERTISE TO RECEIVE BIDS -
Following discussion, C/Ansari moved, C/Herrera seconded, to adopt Resolution No. 99-
45 and No. 99-46.. 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
6.12 CONTRACT AMENDMENT WITH KLEINFELDER, INC. FOR GEOTECHNICAL
INVESTIGATION/ENGINEERING SERVICES FOR THE MINNEQUA LANDSLIDE;
APPOINTMENT OF A MINNEQUA LANDSLIDE COUNCIL SUBCOMMITTEE -
Following discussion, MPT/O'Connor moved, C/Herrera seconded, to approve 1) Contract
Amendment with Kleinfelder, Inc. for additional geotechnical investigation/engineering
services in an amount not to exceed $6,620; and 2) appoint C/Ansari and MPT/O'Connor
to the Council Subcommittee. 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
6.14 MAINTENANCE OF XEROX COPY MACHINES FOR FY 1999-2000 -
Following discussion, C/Ansari moved, C/Herrera seconded, to approve establishment of
an open Purchase Order in the amount of $18,000 with the Xerox Corporation for
maintenance of Xerox copy machines for FY 1999-2000. Motion carried by the following
Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, MPT/O'Connor, M/Chang
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
JUNE 15, 1999 PAGE 8 REGULAR CITY COUNCIL MEETING
7. PUBLIC HEARINGS:
7.1 (A) RESOLUTION NO. 99-47: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR
LANDSCAPING ASSESSMENT DISTRICT NO. 38 FOR THE FISCAL YEAR 1999-2000
John Friedrich, GFB-Friedrich & Associates presented staffs report.
M/Chang opened the Public Hearing.
There being no testimony offered, M/Chang closed the Public Hearing.
Following discussion, C/Herrera moved, C/Ansari seconded, to adopt Resolution Nos. 99-
47 (District 38), 9948 (District 39) and 99-49 (District 41). 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
(B) ADOPTED RESOLUTION NO. 99-48: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DIAMOND BAR LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR
LANDSCAPING ASSESSMENT DISTRICT NO. 39 FOR THE FISCAL YEAR 1999-2000.
(C) ADOPTED RESOLUTION NO. 99-49: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DIAMOND BAR LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR
LANDSCAPING ASSESSMENT DISTRICT NO. 41 FOR THE FISCAL YEAR 1999-2000.
7.2 (A) CONTINUED HEARING FROM JUNE 1, 1999 - RESOLUTION NO. 99-50: A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING
AND ADOPTING A BUDGET FOR THE CITY OF DIAMOND BAR FOR THE FISCAL
YEAR COMMENCING JULY 1, 1999 AND ENDING JUNE 30, 2000 INCLUDING
MAINTENANCE AND OPERATIONS, SPECIAL FUNDS AND CAPITAL IMPROVEMENTS
AND APPROPRIATING FUNDS FOR ACCOUNTS, DEPARTMENT, DIVISIONS,
OBJECTS AND PURPOSES THEREIN SET FORTH -
In response to C/Ansari, CM/Belanger stated that the position of Public Works Supervisor
is a new position that requires recruitment. This person would not necessary be an
engineer. The person would be someone who has experience in street maintenance,
construction inspection and activities related to maintenance and repair of curbs, gutters,
sidewalks and roadways. The intent is to provide the direction of street maintenance and
right-of-way maintenance activities by City staff.
C/Huff asked for an adjusted estimated General Fund balance based on the discussions
during the study session immediately preceding the Council meeting.
JUNE 15, 1999 PAGE 9 REGULAR CITY COUNCIL MEETING
CM/Belanger responded that, if Council approves the Cost of Living adjustment and the
Dedicated Sergeant position, the General Fund balance would be $541,015. No direction
was given with respect to the Supergraphics Design and Holiday Banners items.
Therefore, consideration of either one or both of these items would have an effect on the
General Fund balance.
C/Huff asked if the Supergraphics Design and Holiday Banners could be funded out of the
Redevelopment Agency and if they would benefit the Project Area.
CM/Belanger stated that the answer is "possibly some." Certainly, those on the main
boulevards, which are a part of the streetscape. If some were only tangentially related to
the Redevelopment Project Area, it would become more problematic. Staff would not
make that recommendation to Council until it knew the elements of the Supergraphics plan.
C/Huff asked if it is staffs recommendation that Council move on these items tonight or to
wait until staff brings a report back.
CM/Belanger stated that staffs recommendation is for Council to approve the budget as
proposed if that is the Council's desire with these additional amendments as outlined in
the presentation.
C/Ansari asked if the Holiday Banners and Spanner Banners are one in the same
CM/Belanger indicated that the proposal is to enhance the existing support systems and
to purchase Holiday season banners to dress up the community during the holiday season.
It is estimated that these two-sided banners will cost approximately $70 to $75 each.
Staffs proposal is to place 300 of these banners throughout the community. He further
stated that the correct estimated General Fund balance would be $599,715, with the 2%
salary adjustment and the Dedicated Sergeant position.
M/Chang opened the Public hearing.
Martha Bruske did not support additional funding for the Sheriffs Department, nor did she
support an additional part time Code Enforcement position. She also spoke in opposition
to hanging banners in the City.
There being no further testimony offered, M/Chang closed the Public Hearing.
MPT/O'Connor responded to Mrs. Bruske that at tonight's study session, Council
discussed formulation of a subcommittee to review Property Maintenance and Code
Enforcement which should include a review of policies and standards for enforcement.
MPT/O'Connor asked for clarification of the Equipment Replacement Fund.
CM/Belanger responded that, during the course of the budget discussions over the past
couple of months, one of the issues raised was regarding a revolving fund from which City
JUNE 15, 1999 PAGE 10 REGULAR CITY COUNCIL MEETING
rolling stock would and could be purchased and staff was asked to calculate what it would
take to create the revolving fund for the purchase of equipment. What that entails is the
establishment of the estimate of annual depreciation of each of the vehicles and then the
placement of the fund of that depreciated amount times the number of years that the
vehicle has been in the fleet. Since it the first year of such a fund and there are vehicles
that have age on them, the fund will be larger to make up for those years that those
vehicles might have been depreciated. In subsequent years, the amount of money that
would go into this fund would be less simply because the fund would be based upon an
annual amount. The fleet includes 7 vehicles, which range in value from just below
$20,000 to about $28,000. He guessed that the amount to be placed in next year's budget
would be in the area of $30,000 and $35,000. This plan assumes a life of five years.
Following Council discussion, MPT/O'Connor moved, C/Herrera seconded, to adopt the
FY 1999-2000 Budget including the amendments of the 2% salary increase and the
increase for the Dedicated Sergeant. Motion carried by the following Roll Call vote, with
MPT/O'Connor recusing herself from consideration of any budget items that dealt with the
Lanterman Forensic Expansion program:
AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, MPT/O'Connor, M/Chang
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
ADDITIONAL BUDGET ITEM CONSIDERATIONS:
a) SUPERGRAPHIC DESIGN -
Following discussion, C/Huff moved, MPT/O'Connor seconded, to include in the budget,
$15,000 for supergraphic design. Motion failed by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Huff, MPT/O'Connor
NOES: COUNCIL MEMBERS - Ansari, Herrera, M/Chang
ABSENT: COUNCIL MEMBERS - None
C/Herrera stated that she was not opposed to the concept of supergraphic design but she
was opposed to taking action at this time when the City is due to realize a decrease of
$750,000 to $800,000 in revenues. She would like Council to monitor revenues and
perhaps move to take action on this matter at a future date.
b) HOLIDAY BANNERS -
Following discussion, C/Huff moved, C/Ansari seconded, to budget $50,000 for Holiday
Banners and adjust the Capital Improvement budget item by $100,000 less for Spanner
Banners.
MPT/O'Connor suggested that the City could defray costs by having business -sponsored
spanner banners.
JUNE 15, 1999 PAGE 11 REGULAR CITY COUNCIL MEETING
Jeff Koontz, Chamber of Commerce, suggested that if a program was instituted to have
part of the banners list a particular strip mall/shopping center location and have those
banners be purchased by the shopping centers, it might alleviate a lot of cost to the City
and allow D.B. an opportunity to begin working on a Redevelopment Program working with
the shopping centers toward a promotion effort. He did not want to see the Spanner
Banners go away because he believed they would serve a great benefit to the City and
such a program would allow the City to do both the Holiday Banner and Spanner Banner
projects.
Clyde Hennessee agreed with Mr. Koontz's proposal.
C/Herrera agreed with MPT/O'Connor's suggestion to have businesses sponsor the
Spanner Banners and as well as CM/Belanger's recommendation to have staff prepare a
report on this matter.
C/Huff withdrew his motion.
Following deliberation, Council concurred to continue consideration of the Holiday Banner
and Spanner Banner items to its July 6, 1999 meeting.
(B) RESOLUTION NO. 99-51: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ADOPTING
THE STATEMENT OF INVESTMENT POLICY -
Following discussion, MPT/O'Connor moved, C/Ansari seconded, to adopt the FY 1999-
2000 Investment Policy. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, MPT/O'Connor, M/Chang
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
(C) RESOLUTION NO. 99-52: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, SETTING
THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 1999-2000 FOR THE CITY OF
DIAMOND BAR IN ACCORDANCE WITH THE PROVISIONS OF DIVISION 9 OF TITLE
1 OF THE GOVERNMENT CODE -
Following discussion, C/Huff moved, MPT/O'Connor seconded, to approve the use of the
County of L.A. population percentage change for calculating the FY 1999-2000
Appropriations Limit; approve the use of the California Per Capita Income percentage
change in calculating the FY 1999-2000 Appropriations Limit; and adopt Resolution No.
99-52, establishing the FY 1999-2000 Appropriations Limit at $17,561,562. Motion carried
by the following Roll Call vote:
JUNE 15, 1999 PAGE 12 REGULAR CITY COUNCIL MEETING
AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, MPT/O'Connor, M/Chang
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
8. OLD BUSINESS:
8.1 SECOND READING OF ORDINANCE 2A (1995): AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE PURCHASING SYSTEM
Following discussion, C/Ansari moved, C/Herrera seconded, to approve second reading
by title only, waive full reading and adopt Ordinance No. 2A (1995) amending the
Purchasing System. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, MPT/O'Connor, M/Chang
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
8.2 UPDATE ON LANTERMAN DEVELOPMENT CENTER FORENSIC FACILITY PROJECT.
MPT/O'Connor recused herself and left the dais.
Task Force Members C/Herrera, Fred Encinas and Sue Sisk presented reports
Martha Bruske said she cannot tell the difference between Council and the Task Force.
She was concerned that wrong information is being given out. She asked that both sides
of the story be presented to the public and that some of the very frightening pieces of
information that are given out are clarified and balanced. She stated that her experience
has been that severe behavioral clients injure themselves.
Dr. Lawrence Rhodes stated that this is a very difficult subject for him to discuss. He is
trained in psychiatry and understands that these people must be taken care of properly
and with properly trained personnel. The current training is woefully inadequate and
escapes from two health facilities are documented. Communities cannot afford to have
these patients loose in their midst but at the same time, there is an obligation to care for
them. The balance in this matter is where the patients will be housed which needs to be
put forth to the Governor. He recommended that these types of patients be further away
from the City than the Porterville facility, which is only 2 1/2 miles away from the city.
Kathy Pan, 23725 E. Highland Valley Rd., stated that there continues to be a handful of
people who consistently engage in hateful language against people who are
developmentally disabled.
Clyde Hennessee believed that all people have a right to their points of view. He said he
had not heard anyone engaging in hateful language or derogatory statements. He
believed it is the legislators in Sacramento who make the decisions based primarily on
JUNE 15, 1999 PAGE 13 REGULAR CITY COUNCIL MEETING
fiscal considerations.
Dick Farrell said he is happy that a previous speaker made her remarks. Although she
stated she is a resident of D.B., she neglected to state that she is employed by Lanterman.
He believed that Lanterman conspired with the Department of Developmental Services to
bring forensic and severe behavioral patients into this facility. Lanterman has attempted
to defuse the situation by methods including attacking Council Member Huff. The Task
Force has no problem with the developmentally disabled patients who are currently
housed at Lanterman. The Task Force is concerned with the severe behavioral and
forensic patients that Lanterman would like to bring in to their facility.
C/Herrera agreed with statements that the City needs to tell the truth and that is what the
City is working very hard to do. As the truth is revealed to Council, we become
increasingly more and more alarmed regarding this situation and the real implications and
the real intentions of the Department of Developmental Services. In all meetings they
spoke about "moderate behavior patients" and never once spoke about "severe behavioral
and forensic patients" or explicitly explained what they had in mind. She referred to a
letter read by Sue Sisk from a member of the Psychiatric Technicians Organization who
expressed real concern about the behavior of these patients and the potential danger to
the employees' safety and security. At the hearing in Sacramento, Assemblyman Roy
Ashburn was absolutely livid over the lack of compliance and following of procedures in
Porterville. Language inserted in the bill states that $4.8 million will be transferred to
Porterville to expand that facility to accept additional forensic patients. Assemblyman
Ashburn said that there was no way that he would accept that. Two years ago, he
personally worked to get $1.6 million to increase security at Porterville. To this date, only
a few hundred thousand of that amount has been spent and all of the security measures
that were supposed to have been in place are not and all of the personnel training that was
to have been conducted was not done. When three juveniles escaped from Porterville a
few weeks ago, there were many facility procedures that the employees violated. The
Assemblyman's concern was that if Porterville cannot follow procedures and cannot
reassure the community that this will be a safe and secure facility, how can these patients
be introduced into the Lanterman facility and endanger the communities of D.B., Walnut
and Pomona.
C/Huff stated unequivocally that he has a lot of respect for the developmentally disabled.
A prior speaker made statements that are not attributable to him. The new budget
contains primary expenditures on public safety. The City has to be concerned about the
safety of its residents. D.B. has enjoyed a good relationship with Lanterman over the
years. As Council has gotten further into this matter, he has become more concerned,
particularly when he found that "minor brushes with the law" include murder, rape, arson,
kidnapping, and serious sexual offenses. He stood by the term "prison" as defined in the
dictionary. He explained why the City has requested that patients who work in the City are
asked to wear uniforms. He expressed sorrow that the relationship between D.B. and
Lanterman has deteriorated and that he hoped, over time, that it can be restored.
MPT/O'Connor returned to the dais.
JUNE 15, 1999 PAGE 14 REGULAR CITY COUNCIL MEETING
8.3 TOWN HALUCOMMUNITY MEETINGS INFORMING RESIDENTS AND BUSINESSES
OF CHANGES TO THE CITY CODE AFFECTING WASTE PREVENTION AND
RECYCLING PROGRAMS, AND WASTE HAULER PERMITTING -
CM/Belanger announced that staff recommends the following: That the first meeting to
inform the public of the recent changes to the City Ordinance related to the kinds of
programs that Council is considering implementing as part of the recommendations that
were made by the Solid Waste Task Force. The three meetings that have been
established are: Diamond Point Elementary School, Saturday, July 10, 1999 from 9:00
a.m. to 11:00 a.m., and Saturday, July 24, 1999 from 9:00 a.m. to 11:00 a.m. at Heritage
Park Community Center. Council will hold a Study Session on Tuesday, August 3, 1999
at 4:00 p.m. in the South Coast Air Quality Management District Auditorium. The City's
consultant will make a formal presentation at each of the meetings and City Council and
staff will be available to answer questions from the public.
MPT/O'Connor asked if Waste Management might be willing to assist the City in getting
this information to its customers.
Clyde Hennessee said his recent Waste Management bill indicated a reduction of $2.80.
C/Ansari moved, MPT/O'Connor seconded, to approve the Solid Waste Outreach Program,
schedule of meetings in accordance with staff's recommendations, and direct staff to make
all necessary arrangements and provide for city-wide publicity. 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. 99-53- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR AUTHORIZING THE DIAMOND BAR COMMUNITY PATROL TO
CONDUCT DISABLED PARKING ENFORCEMENT -
Martha Bruske said she would like for the City to postpone this matter. She would like the
Volunteer Patrol to be called "Neighborhood Patrol" because she wants them to control
the neighborhoods and not to supplement the Sheriffs duties.
Clyde Hennessee said he is opposed to using volunteer patrol for legal judicial duties.
C/Ansari and C/Herrera commented that, for some time, the Volunteer Patrol members
have requested additional duties and the City is grateful for their service and does not
intend to put them in harm's way.
JUNE 15, 1999 PAGE 15 REGULAR CITY COUNCIL MEETING
Captain Martinez assured MPT/O'Connor that volunteers would not be forced to participate
in efforts such as disabled parking enforcement if they were not comfortable with that type
of assignment. There are a variety of tasks in which the volunteers can participate.
Following discussion, C/Ansari moved, C/Huff seconded, to adopt Resolution No. 99-53
authorizing the D.B. Community Volunteer Patrol to Conduct Disabled Parking
Enforcement. 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 RESOLUTION NO. 99-54: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR APPROVING THE CITY -COUNTY MUNICIPAL LAW ENFORCEMENT
SERVICES AGREEMENT BETWEEN THE CITY OF DIAMOND BAR AND THE COUNTY
OF LOS ANGELES AND REQUESTING SAID SERVICES PURSUANT TO THIS
AGREEMENT.
C/Ansari moved, C/Herrera seconded, to adopt Resolution No. 99-54 approving the City -
County Municipal Law Enforcement Services with L.A. County and requesting said
services pursuant to the Agreement. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, MPT/O'Connor, M/Chang
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
9.3 (A) ORDINANCE NO. 07(1999): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR ADOPTING BY REFERENCE TITLE 32, FIRE CODE, OF THE LOS
ANGELES COUNTY CODE; MAKING AMENDMENT TO SAID CODE; AMENDING TITLE
16 OF THE DIAMOND BAR MUNICIPAL CODE; AND DECLARING THE URGENCY
THEREOF -
Deputy Chief Herrera stated that the newly adopted Code replaces the 1996 Code. Other
than clarification of language, it is pretty much the same as the Fire Department is
currently enforcing.
MPT/O'Connor asked that, through an educational program, pool owners who are not
required to comply with this Ordinance be informed about the benefits of installing a pump
to fight fires.
Following discussion, C/Herrera moved, C/Ansari seconded, to adopt Ordinance No.
07(1999). Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS — Ansari, Herrera, MPT/O'Connor, M/Chang
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS - Huff
JUNE 15, 1999 PAGE 16 REGULAR CITY COUNCIL MEETING
(B) ORDINANCE NO. 08(1999): AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DIAMOND BAR ADOPTING BY REFERENCE TITLE 32, FIRE CODE, OF THE
LOS ANGELES COUNTY CODE; MAKING AMENDMENT TO SAID CODE; AMENDING
TITLE 16 OF THE DIAMOND BAR MUNICIPAL CODE -
C/Herrera moved, C/Ansari seconded, to introduce Ordinance No. 08(1999) for first
reading by title only, waive full reading of Ordinance No. 08(1999). Motion carried by the
following Roll Call vote:
AYES: COUNCIL MEMBERS — Ansari, Herrera, MPT/O'Connor, M/Chang
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS - Huff
9.4 PROPOSED STATE LEGISLATION RECOMMENDED FOR THE CITY OF DIAMOND
BAR'S CITY COUNCIL SUPPORT:
(A) Assembly Bill 18 (AB18), (Villaraigosa) - This legislation proposes a $1.5 billion urban
parks, clean water and coastal protection bond act. If passed, the proposal would be
placed on the November, 2000 ballot for voter consideration and approval. If the voters
approve, $1.5 billion in general obligation bonds would be sold to finance a variety of
urban parks, clean water and coastal protection projects. Staff recommended that AB 18
be supported.
Clyde Hennessee expressed concern that the public is not fully aware of what is contained
in this bill.
MPT/O'Connor stated that she had several problems with this $1.5 billion bond act that will
cost $2.48 billion to pay back. She pointed out that although there is good contained
within the bill, there are also "hidden" items included, which she finds unacceptable.
C/Ansari said she would like the bill to specify that $25 million goes to the Santa Monica
Conservancy dedicated to parks, wildlife habitat and natural areas, and $20 million to
projects in L.A. and San Gabriel Valley rivers, if a Conservancy is so established, rather
than the entire $45 million being given to the Santa Monica Conservancy.
C/Herrera asked staff if there is anything missing from bill analysis.
CM/Belanger responded that the bill analysis is intended to provide, in a capsulized form,
the areas to which these monies would be allocated. He did not see a reference to the
monies referred to by MPT/O'Connor which might indicate that the analysis is not as all
inclusive as staff was led to believe.
MPT/O'Connor stated that her reference is "L" within the bond issue and "M" within the
analysis.
JUNE 15, 1999 PAGE 17 REGULAR CITY COUNCIL MEETING
C/Huff stated that he, too, had a problem with this bill. There has been a great deal of
indebtedness incurred at the State level as a result of bonds and it will take a lot of money
to retire that debt, which is money that is unavailable to be used for other things. This is
pork barrel legislation. There are some very good projects in the bill; however, the projects
that we don't like and the items that we don't know are the problem. As a representative
of this Council at the COG level, he voted for Proposition A based upon an analysis similar
to the analysis for this bill. Later, he discovered that there were many other items hidden
within Proposition A. Therefore, he intends to take a lot more cautious approach to this
bill.
M/Chang did not feel comfortable in voting in favor of this bill tonight because it is a very
large bill that contains many items. He would prefer to see more specificity with respect
to the items contained within the bill in order to make a more informed decision.
Following discussion, C/Huff recommended that the matter be tabled. Council
unanimously concurred.
(B) Assembly Bill 1355 (AB 1355), (Havice) and Senate Bill (SB216), Solis) - Both of these
proposals seek to create a San Gabriel and Lower L.A. Rivers and Mountains
Conservancy. The City previously adopted policy guidelines, which would have had to be
met, if the City were to support either or both of these pieces of legislation. With recent
amendments to these bills, the League of California Cities-L.A. County Division has
determined that the policy guidelines have been satisfied; and, has acted to support both
AB 1355 and SB 216. Briefly, both proposals would have governing boards with a majority
of elected officials, would not have eminent domain powers and would require a- city in
which a project is proposed to give its written consent to the project. The amended bills
now meet the policy guidelines. Therefore, it is recommended that AB 1355 and SB 216
be supported, as amended.
C/Ansari said she has not seen written notification that Senator Solis has added language
to this bill adding two board members, increasing the number from 11 to 13 with 6
members from cities and one member from the county. Until this language is included in
the bill, she cannot support the bill.
CM/Belanger responded that because the Council does not meet again for three weeks„
staffs recommendation is that the Council support these pieces of legislation if they are
amended as indicated.
Clyde Hennessee believed Council should see the amended language included before it
votes to support this legislation.
C/Ansari explained that, through the efforts of D.B., Senator Solis has agreed to add two
additional board members so that the majority of the members will be elected officials.
Following discussion, C/Herrera moved, C/Ansari seconded, to approve support of AB
1355 and SB 216 if language is amended as anticipated. Motion carried by the following
JUNE 15, 1999 PAGE 18 REGULAR CITY COUNCIL MEETING
Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, M/Chang
NOES: COUNCIL MEMBERS - None
ABSTAIN: COUNCIL MEMBERS - MPT/O'Connor
RECESS TO REDEVELOPMENT AGENCY MEETING: M/Chang recessed the City Council Meeting
to the Redevelopment Agency at 11:27 p.m.
RECONVENE CITY COUNCIL MEETING: M/Chang reconvened the City Council meeting at 11:41
p.m.
10. COUNCIL SUB -COMMITTEE REPORTS AND MEMBER COMMENTS: C/Huff stated
that at the last Sanitation District meeting, Eddie Cortez, representing the City of Pomona, made
a presentation about having a transfer station across the street from SPADRA. The City of
Walnut has taken a position against that and Council Member Wentworth expressed Walnut's
opposition. Although D.B. has not yet taken a position on this matter, he anticipated the City will
stand with Walnut on this issue. He requested that this matter be agendized for the July 6
meeting. He asked that staff explore support for the City of Industry's transfer station that they
are proposing for Azusa. On June 3, Council Members met with Congressman Miller to discuss
different issues important to D.B. Included in the discussion were the ongoing Zip Code
resolution and the SR 57/60 interchange. On June 4, Maple Hill students discussed items of
concern with Council Members. On June 5, M/Chang, MPT/O'Connor and he participated in the 0'
Y2K Town Hall meeting. He and C/Herrera, along with other Task Force Vkmbers for Lanterman,
lobbied Sacramento for Pacheco's Bill 373 on June 8. Council Members attended the Pacheco
Town Hall meeting on Lanterman on June 12 attended by approximately 200-300 residents.
Several Civic/Community Center Task Force meetings had been held. He urged residents to
participate in the June 29 Special City Council meeting during which Task Force members will
present their findings.
C/Ansari asked where Pomona was four years ago when Waste Management proposed
placement of a waste facility in the area of SPADRA and they were told that it was not a good
area. In the last few weeks, she attended four meetings regarding water issues - a SCAG Water
Quality meeting, San Gabriel Valley Watershed Committee, Santa Ana Watershed Committee
and a SCAG meeting concerning the water bond, which will be on the ballot in the year 2000.
Everyone should be interested in obtaining a fair share portion and addressing the needs for
water storage in Southern California. She stated that it will be double the amount anticipated to
clean up the San Gabriel Valley Basin. She attended the Pacheco Town Hall meeting and the
meeting with Congressman Miller. She attended a Contract Cities Board meeting. Under
consideration is the Storm Water Permit, which is very expensive for the cities. She asked that
tonight's meeting be adjourned in memory of Rose Repar, a long time D.B. resident. She was a
Charter Member and Past President of the D.B. Women's Club and the D.B. Historical Society
and was a member of the Pomona Valley Board of Realtors.
C/Herrera thanked Assemblyman Bob Margett and Senator Richard Mountjoy for their presence
and support at the AB 373 hearing in Sacramento. Earlier this evening, a resident requested that
JUNE 15, 1999 PAGE 19 REGULAR CITY COUNCIL MEETING
discussions regarding Lanterman be balanced. She believed that the matter is beyond balancing
pros and cons and has moved into direct opposition to the expansion project. The City has filed
a lawsuit upon determination that this expansion plan is not in the best interest of the residents
of D. B.
MPT/O'Connor also requested that the matter of a transfer station in Pomona be agendized for
the July 6 Council meeting. On June 2, she and M/Chang toured D.B. with resident Tom Van
Winkle, who pointed out concerns he had regarding areas of the City. These items have been
reported to staff and will be cured with all due haste. On June 3, she, along with other Council
Members, met with Congressman Miller. Also on June 3, she and C/Huff met to determine the
schedule of Solid Waste Town Forum meetings. She was interviewed by a student from Maple
Hill who was participating in a school city government project acting as Mayor Pro Tem of herbty. k
The student invited MPT/O'Connor to her school on June 8 to witness her presentation. On June
4, she supported the Chamber of Commerce's golf tournament. On June 5, she participated in
the Y2K Town Forum. The forum presented a lot of valuable information. She commended staff
for the quality and quantity of participating entities.
CM/Belanger indicated that staff will provide the public with the dates that the Y2K Town Forum
will be televised on Channel 12.
MPT/O'Connor stated that on June 6, she attended the Jet Propulsion Laboratory's Open House.
She urged residents to visit the site. On June 7, the Finance Committee met to discuss the
budget and make recommendations to Council. She attended the Diamond Ranch's second
annual golf tournament. On June 9, the Walnut Sheriffs Department presented a School
Violence Seminar, which was attended by many residents of the San Gabriel Valley. Also on
June 9, she attended the Civic/Community Center Task Force meeting. On June 10, she
attended the Chamber's Legislative Breakfast. On June 11, she attended the Sheriffs Booster
Club Open House. On June 14, the Finance Committee reviewed the Warrant Register and she
attended another Civic/Community Center Task Force meeting to finalize the program and the
draft document for the June 29 Special City Council meeting. This morning, she attended the
Chamber's Board of Directors meeting as well as the Senior's Father's Day lunch. She wished
everyone a happy Father's Day. She reminded residents that the Concerts in the Park series is
in progress and urged people to attend the Wednesday evening events. She stated that DBARS
will hold a Field Day on Saturday and Sunday, June 26 and 27 at Summitridge Park. The event
will begin at 11:00 a.m. and continue to 11:00 a.m. Sunday.
M/Chang stated that he took the City tour with MPT/O'Connor, was interviewed by the "Mayor"
of Maple Hill Elementary School, attended the League of Cities meeting at Union Station, spoke
at DEA seminar, participated in the Y2K Town Hall meeting, joined in a fundraising event at
CalPoly Pomona, attended the Community Leadership Advisory Council at Mt. SAC, participated
in the Lanterman Town Hall meeting, attended the Sheriffs Open House, attended an Eagle
Scout Awards Banquet, and attended the Senior's Father's Day Luncheon. He also wished
everyone a happy Father's Day.
JUNE 15, 1999 PAGE 20 REGULAR CITY COUNCIL MEETING
11. ADJOURNMENT: There being no further business to come before the City Council, M/Chang
adjourned the meeting at 12:04 p.m. in memory of Rose Repar.
ATTEST:
Mayor
TOMMYE CRIBBINS, Deputy City Clerk
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMIVIISSION
MAY 11, 1999
CALL TO ORDER:
/0' t 1
Vice Chairman Nelson called the meeting to order at 7:07 p.m. in the South Coast Air Quality Management
Auditorium, 21865 East Copley Drive, Diamond Bar, California.
PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was led by Commissioner Ruzicka.
ROLL CALL:
Present: Vice Chairman Steve Nelson, and Commissioners George Kuo, Joe McManus and Joe
Ruzicka.
Chairman Steve Tye was excused from the meeting.
Also Present: James DeStefano, Deputy City Manager; Ann Lungu, Associate Planner; Linda Smith,
Development Services Assistant; Sonya Joe, Development Services Assistant; and
Stella Marquez; Administrative Secretary.
MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None
APPROVAL OF AGENDA: As presented.
CONSENT CALENDAR:
1. Minutes of April 27, 1999.
C/Ruzicka moved, C/Kuo seconded, to approve the minutes of April 27, 1999, as presented. Motion carried
4-0 with Chair/Tye being absent.
OLD BUSINESS: None
NEW BUSINESS:
1. Comprehensive Sign Program No. 99-3 (pursuant to Code Section 22.36.060) is a request to install two
wall signs and one monument for the new L.A. Fitness project that was approved by the Planning
Commission on April 28, 1998.
PROPERTY ADDRESS: 20801 Golden Springs Drive
Diamond Bar, CA 91765
dAVninut=\pc\may11 1999.doc
MAY 11, 1999
PROPERTY OWNERS
APPLICANT:
PAGE 2
L.A. Fitness
100 Bayview Circle Suite 4000
Newport Beach, CA 92660
Carey Sign Graphics
1274 N. Grove Street
Anaheim, CA 92806
AssocP/Lungu presented staffs report. Staff recommends that the Planning Commission approve
Comprehensive Sign Program No. 99-3, Findings of Fact, and conditions of approval as listed within the
resolution.
Dan Londebazzo, Construction Project Manager for L.A. Fitness Sports Clubs, stated he read staffs report
and concurs with the conditions of approval. He asked for the Commission's approval.
This was not a public hearing.
Following discussion, C/Ruzicka moved, C/McManus seconded, to approve Comprehensive Sign Program
No. 99-3, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the
following Roll Call vote:
AYES:
COMMISSIONERS:
NOES:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
CONTIIKUED PUBLIC HEARING:
Kuo, McManus, Ruzicka, VC/Nelson
None
Chair/Tye
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 April 27, 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
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 May 25, 1999.
aAVni,un\pc\m.y1I 1999.aoo
MAY 11, 1999
PAGE 3
Thom Pruitt, on behalf of the applicant, stated that matters of concern stated during the April 27, 1999,
meeting have been discussed with staff. The applicant wishcs additional time to prepare a comprehensive
response to those matters of concern.
VC/Nelson re -opened the public hearing.
There was no one present who wished to speak on this matter.
C/McManus moved, C/Ruzicka seconded, to continue Conditional Use Permit No. 98-7, Development
Review No. 98-12, and Variance No. 99-2, to May 25, 1999. Motion carried by the following Roll Call
vote:
AYES: COMMIISSIONERS: Kuo, McManus, Ruzicka, VC/Nelson
NOES: COM]VIISSIONERS: None
ABSENT: COMMISSIONERS: Chair/Tye
2. Conditional Use Permit No. 99-•1, Development Review No. 99-1, Comprehensive Sign Program 99-1,
and Variance 99-4 (pursuant to Code Section 22.58, 22.48, 22.36 and 22.52) is a request to construct a
4,794 square foot combined commercial fast food restaurant with a gasoline service station. The proposed
combined commercial development will include: Indoor restaurant; drive-thru; convenience food store; and
six multi -dispensers under service station canopy. Furthermore, the applicant is requesting a Comprehensive
Sign Program which includes wall signs, two monument signs, directional signs and a pole sign. The variance
is requested for the proposed 62 foot 10 inch high pole sign. (Continued from April 27, 1999.)
PROPERTY ADDRESS: 21095 Golden Springs Drive
Diamond Bar, CA 91765
PROPERTY OWNER: Chevron Products Co., Inc.
Burger King Corporation
1300 South Beach Boulevard
1777 Old Cutler Road
La Habra, CA 90632
Miami, FL 33157
APPLICANT: McDonald's Corporation
Chevron Products Co., Inc.
11682 El Camino Real, Suite 400
1300 South Beach Blvd.
San Diego, CA 92130
La Habra, CA 90632
DSA/Joe presented staffs report and responded to Commissioner's concerns stated during the April 27, 1999,
meeting. Staff recommends that the Planning Commission approve Development Review No. 99-1,
Conditional Use Permit No. 99-1, Comprehensive Sign Program No. 99-1, Variance No. 99-4, and Negative
Declaration No. 99-4, Findings of Fact, and conditions of approval as listed within the Resolution.
Roger Green, Project Manager, stated that since the April 27, 1999, Commission meeting, the project team
met with staff in order to reach a resolve regarding the issues of concern. He pointed out that Attachment #9
contained within the Commission's packet addressed the issues of concern. The current staff report contains
some modifications. However, the applicant is concerned about the reasonable relationship between some
dA\n inulns\pcyrAsyl1 1999.dx
MAY 11, 1999
PAGE 4
of the project impacts and some of the conditions that staff is recommending. The primary issue of concen
relates to the fair -share contribution and the Eucalyptus tree replacement requirements.
Carl Ballard, RKJK, stated that if the applicant is restricted to right turn in and right turn out only, the site
cannot be entered from travelling east on the freeway or east on Golden Springs Drive. He explained how
traffic proceeding east on Golden Springs Drive is not prohibited from making a left turn into the site which
would provide for adequate patronage. He pointed out that all driveways on the opposite side of Golden
Springs Drive are permitted unrestricted left turns into the shopping center.
Roger Green stated that the applicant is anxious to move forward with the project upon resolution of these
matters.
VC/Nelson re -opened the public hearing.
Tom VanWinkle stated he lives within 500 feet of the proposed project. He asked the Commission to
consider the following factors: The congestion during peak hours and related safety issues as well as the fact
that a large number of restaurant facilities currently exists within the immediate area.
VC/Nelson closed the public hearing.
Following discussion of the outstanding items, C/Ruzicka moved that the Planning Commission approvc
Conditional Use Permit No. 99-1, Development Review No. 99-1, Comprehensive Sign Program 99-1, anc
Variance 994, Findings of Fact, and conditions of approval as listed within the resolution to include the
following: Item 1 - No less than five (5) full size on-site parking spaces be included; Item 2 - $13,000 be
placed as the fair -share contribution cost; Item 3 - The applicant shall grant an irrevocable 5 feet; Item 4 -
that the existing eucalyptus trees are to be replaced at a 3:1 ratio with no less than 15 of the replacement trees
to be 24 inch box trees on site and the rest to be placed at the City's discretion; Item 5 - Agreement to the
reduction in the wall sign area; Item 6 - acceptance of the black background for the signage.
C/McManus recommended the following amendments to the motion: Item 2 - leave the fair share costs
amount for staff to negotiate; permit driveway access for left and right turn ingress and right turn egress only.
C/Ruzicka amended the motion accordingly. C/McManus seconded the amended motion.
DCM/DeStefano offered the following amendments to the conditions contained within the resolution based
upon C/Ruzicka's motion:
Condition (e), page 10: "Prior to the issuance of City permits, applicant shall submit a revised site
plan delineating the elimination of compact parking spaces and indicating replacement of the proposed
compact spaces with a minimum of five full size parking spaces".
Condition (ee), page 12: "Applicant shall contribute fair share costs for public improvements in ar
amount not to exceed $20,000 for the identified future traffic and/or roadway improvements". Tht
applicant shall work with City staff to determine the actual fair share costs amount prior to issuance
of any City permits.
d: Wk nwra\p6may11 1999.doc
MAY 11, 1999
PAGE 5
Condition (r), page 11: "The landscape plan shall incorporate the replacement of the existing
eucalyptus trees at a 3:1 ratio and that a minimum of fifteen (15) trees of 24 inch box in size be
planted on site with the balance to be provided off-site to the satisfaction of the Community Services
Director who is responsible for tree placement in the City."
C/Ruzicka reiterated'his concern that the replacement trees should reflect the City s image since they
will be located in full view at the City's border.
DCM/DeStefano stated that the color on the sign shall be as submitted by the applicant.
Mr. Green stated the applicant will meet the City's minimum parking requirements and maximize parking on
the site. He asked that the tree replacement be at 15 gallon instead of 24 inch box. With respect to the fair
share contribution, the applicant concurs with the not -to -exceed $20,000 condition and will work with staff
to determine the actual fair share dollar amount. Regarding the driveway on Golden Springs Drive, he
requested that the project be allowed to provide left turn out during specific times of the day.
C/Ruzicka said he believes five parking spaces is a reasonable number. He believes that fifteen 24 inch box
trees can be placed onsite. With respect to a left turn out at certain times of the day, he stated that because
the site is an extremely busy area, people will become confused as to whether or not they are allowed to make
a left turn.
VC/Nelson agreed with C/Ruzicka regarding the left turn out.
VC/Nelson asked for the roll call.
Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Kuo, McManus, Ruzicka, VC/Nelson
NOES: COMMISSIONERS: None
ABSENT: COMWSSIONERS: Chair/Tye
PLANNING COMMISSION COMMENTS: None
INFORMATIONAL ITEMS:
1. Public Hearing dates for future projects.
2. Adopted City Council Goals and Objectives.
DCM/DeStefano recommended that the Commissioners study the list of City Council,Goals and Objectives
and be prepared to discuss any specific goals, objectives and/or projects that the Commissioners may wish
to incorporate into the Council's list and budget considerations.
&\\mm—*�nWl t 1999.aoc
MAY 11, 1999
PAGE 6
DCM/DeStefano stated that today he attended a meeting of Planning Directors from the San Gabriel Valley
The group is gearing up for fevised Housing Elements that are necessary to be adopted and
transnutted/adopted by the State. At its May 4, 1999, meeting, the City Council took unanimous action to
deny the Extension of Time for the Patel/Sasak project. City officials, will attend the International Counsel
of Shopping Centers at the end of May for purposes of marketing the City to potential businesses. This year
the focus will be on certain shopping areas that need assistance and/or expansion such as the Kmart Center
and the Country Hills Towne Center. The focus will be on attracting full service restaurants due to the
increasing daytime traffic within the City. Officials will also be promoting a proposed retail/entertainment
center that is being contemplated by a developer at the Citrus Valley Health Partners 20 acre site south of
Golden Springs Drive on Grand Avenue.
SCHEDULE OF FUTURE EVENTS:
As Scheduled.
ADJOURNMENT:
C/Ruzicka moved, McManus seconded, to adjourn the meeting. There being no further business to come before
the Planning Commission, VC/Nelson adjourned the meeting at 9:09 p.m.
Respectfully Submitted,
J es DeStefano
Secretary to the Plannin Commission
Attest:
Steve Nelson
Vice Chairman
dAVninwnlpcMn y1I 1999.aoc
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMNIISSION
MAY 25, 1999
CALL TO ORDER:
Chairman Tye called the meeting to order at 7:06 p.m. in the South Coast Air Quality Management Auditorium,
21865 East Copley Drive, Diamond Bar, California.
PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was led by Vice Chairman Nelson.
ROLL CALL:
Present: Chairman Steve Tye, Vice Chairman Steve Nelson, and Commissioners George Kuo,
Joe McManus and Joe Ruzicka.
Also Present: Ann Lungu, Associate Planner; Linda Smith, Development Services Assistant; Sonya Joe,
Development Services Assistant, and Stella Marquez, Administrative Secretary.
MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None
APPROVAL OF AGENDA: As presented.
CONSENT CALENDAR:
Minutes of May 11, 1999.
C/McManus moved, VC/Nelson seconded, to approve the minutes of May 11, 1999, as presented. Motion
carried 4-0-1 with Chair/Tye abstaining.
OLD BUSINESS: None
NEW BUSINESS:
1. Planning Commission 1999 Goals and Objectives Discussion:
AssocP/Lungu presented staffs report. Staff recommends that the Planning Commission discuss the
proposed listing and forward its approved listing to the City Council.
C/Ruzicka asked about possible amendments to the City's Development Code.
C/McManus requested that a goal of the Commission be to maintain a balance between the business and the
aesthetics of the community and preservation of open space.
VC/Nelson said he concurs with C/McManus.
dAVninuteslmay25 1999.d0c
MAY 25, 1999
PAGE 2
AssocP/Lungu proposed that the following items be added to the list of Goals and Objectives:
Revise the Housing Element (mandatory to be completed this year);
2. Zone Changes;
3. Refinements and minor amendments to the Development Code;
4. Code Enforcement - update and revise policy and procedures and consider citation authority;
and
5. City's Environmental Guidelines.
C/Ruzicka moved, C/Kuo seconded, to approve the listing as submitted including additions proposed by
C/McManus and AssocP/Lungu. Motion carried 5-0 by Roll Call vote.
CONTINUED PUBLIC HEARING:
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 -baa
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 11, 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
AssocP/Lungu presented staffs report. Staff recommends that the Planning Commission open the Public
Hearing, receive public testimony and continue the project's public hearing to June 8, 1999.
Chair/Tye reopened the public hearing.
Thom Pruitt explained that the applicant has requested a continuance in order to provide an opportunity for
the traffic study to be completed. He stated that the traffic study is currently under way.
VC/Nelson asked for a quantification of the advantage of inflatables with respect to marketing. He said he
is concerned with the unslightliness of the inflatables. He does not want to remove a competitive advantage.
dAVninutes\zmy25 1999.doc
MAY 25, 1999 PAGE 3
If the marketing advantage is negligible, he would like to consider including elimination of the inflatables
within the project approval.
Thom Pruitt responded that he anticipates that a part of the final suggestion may be to eliminate those
inflatables and have, in its place, a computer graphic sign that might also be used by the City and other
organizations to advertise events that are taking place in the City for community awareness.
C/Ruzicka moved, C/McManus 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 8, 1999.
PLANNING COMMISSION COMMENTS: None
INFORMATIONAL ITEMS:
Public Hearing dates for future projects.
SCHEDULE OF FUTURE EVENTS:
As Scheduled.
ADJOURNMENT:
C/McManus moved, C/Ruzicka seconded, to adjourn the meeting. There being no further business to come before
the Planning Commission, Chair/Tye adjourned the meeting at 7:21 p.m.
Respectfully Submitted,
If
L
Secret o t e Commission
Attest:
Steve Tye
Chairman
dAVninu(=\r1my25 1999.doc
=0
CITY OF DIAMOND BAR
MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION
MAY 13, 1999
CALL TO ORDER:
Chair Morris called the meeting to order at 7:05 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 Leonard -Colby.
ROLL CALL:
2.
M
Commissioners: Chair Roland Morris, Vice -Chair Arun Virginkar, and Commissioners
Joyce Leonard -Colby and Scott Lin.
Absent: Commissioner Jack Istik was excused from the meeting.
Also Present were: David Liu, Deputy Director of Public Works; Bob Rose, Community
Services Director; Rose Manela, Assistant Engineer; John Ilasin,
Engineering Intern; Sonya Joe, Development Services Assistant; Sharon
Gomez, Administrative Secretary and Tim Perkins, Deputy Sheriff.
APPROVAL OF MINUTES:
A. Minutes of April 8, 1999.
VC/Virginkar moved, C/Lin seconded, to approve the minutes of the regular meeting of April 8,
1999 of the Traffic and Transportation Commission as amended. Motion approved with the
following Roll Call vote:
AYES:
COMMISSIONERS
NOES:
COMNUSSIONERS
ABSTAIN:
COMMISSIONERS
COMMISSION COMMENTS:
Lin, VC/Virginkar, Chair/Morris
None
Leonard -Colby
None Offered.
III. PUBLIC COMMENTS: None Offered.
X. ITEMS FROM STAFF:
A. Verbal Presentation: Future Landscape Projects and Median Watering Schedule.
Presentation by CSD/Rose.
VC/Virginkar stated his concerns regarding water overflowing onto City streets from the median
sprinklers. He said he believes this presents a potential safety hazard to motorists.
Chair/Morris asked if the City plans to enhance the median landscapes and streetscapes.
CSD/Rose indicated certain areas will benefit from future improvements.
DDPW/Liu responded to Chair/Morris that Brea Canyon Road area improvements are included in
the 1999/2000 Fiscal Year budget and are currently under design. The streetscape project is
proposed for the Summer of 2000.
IV. CONSENT CALENDAR: None
V. OLD BUSINESS:
A. Traffic Investigation of Longview Drive.
AE/Manela presented staffs report. Staff recommends that the Traffic and Transportation
Commission review and discuss with staff any traffic concerns along Longview Drive.
DDPW/Liu stated that the City received a letter from "Boy" Tibajia, 921 S. Woodspring Place
dated May 8, 1999 which included three points of concern: That a better location for the stop
sign would be Thunder Trail and Longview Drive; concern regarding the length of the wait for
residents exiting Longview Drive at Grand Avenue, and the need for some kind of traffic control
on Diamond Bar Boulevard at St. Denis Church on Sundays.
DDPW/Liu confirmed to Chair/Morris that it is the Church's responsibility to provide traffic
control through the Sheriffs Department. He further stated that the intersection of Silver Hawk
Drive at Diamond Bar Boulevard is warranted for a traffic signal. However, there are many
intersections within the City that are warranted for traffic signals and it is a matter of prioritizing
the needs and managing the signals.
Espy Meta, 24325 East Sunset Court, explained why he believes that there is a great need for a
stop sign at the intersection of Thunder Trail and Longview Drive than at the intersection of Nan
Court and Longview Drive.
Mr. Meta responded to Chair/Morris that he has not experienced any problems getting from Nan
MAY 11, 1999
PAGE 3
Court onto Longview Drive. He asked that the Commission investigate the situation during the
morning and afternoon hours when students are dropped off at Nan Court and cross Longview
Drive to exit or enter the bus which he believes is a safety hazard.
Following discussion, the Commission directed staff to investigate the area of Thunder Trail, Nan
Court and other areas along Longview Drive deemed necessary to the study and present its
recommendation to the Commission at the June 10, 1999 meeting.
VI. NEW BUSINESS
A. Request to install a yellow centerline striping along Golden Prados Drive.
DDPW/Liu presented staffs report. Staff recommends that the Traffic and Transportation
Commission concur with staffs recommendation to install speed limit and curvature signs along
Golden Prados Drive.
Walter Galelli, 1547 Kiowa Crest Drive, said his main concern is with the blind right hand curve
near the entrance of the cul-de-sac. He stated that because there is a very large motor home and
trailer parked at the curve on a daily basis, it presents a sight and safety concern.
Following discussion, C/Leonard-Colby moved, VC/Virginkar seconded, to concur with staffs
recommendation to install speed limit and curvature signs along Golden Prados Drive and direct
staffto determine whether the motor home can be removed from the area. Motion was carried by
the following Roll Call vote:
AYES: COMMISSIONERS: Lin, Leonard -Colby, VC/Virginkar, Chair/Morris
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Istik
B. The Traffic and Transportation Commission's Meeting Time.
DDPW/Liu presented staffs report. Staff recommends that the Commission discuss and
determine whether it desires to change the Traffic and Transportation Commission's meeting time
from 7:00 p.m. to 6:00 p.m. Should the determination include a change of meeting time, the
Commission needs to adopt the appropriate resolution.
Following discussion, the Commission concurred to leave the meeting time at 7:00 p.m.
VII. STATUS OF PREVIOUS ACTION ITEMS:
MAY 11, 1999
PAGE 4
DDPW/Liu reported that on April 20, the City Council approved the Traffic and Transportation
Commission's recommendation to install multi -way stop signs on Goldrush Drive and Highcrest Drive.
At it's May 18 meeting, the City Council will be considering the recommendation from the Commission
regarding the multi -way stop sign on Ballena at Palomino Drive as well as, staffs recommendation to
procure the traffic signal pole on Brea Canyon Road at Diamond Crest, Glenbrook Drive, and Golden
Springs Drive. On May 18 the City Council will hold its Fiscal Year 1999/2000 Budget Workshop at
4:00 p.m. which will include traffic consideration issues. On June 1 the City Council will once again
discuss the Fallow Field Drive parking issue. The City and L.A. County have reached an agreement for
permit parking within the unincorporated area. The City recently installed "No Right Turn on Red" signs
at the intersection of Golden Spring Drive and Diamond Bar Boulevard during school drop-off/pick-up
periods.
VIII. ITEMS FROM COMMISSIONERS:
VC/Virginkar spoke about vehicles and motorhomes that are routinely parked on City streets.
Chair/Morris commented favorably on the Pantera School parking lot design.
IX. ITEMS FROM STAFF - Continued:
B. Monthly Traffic Enforcement Update:
Deputy Perkins presented the April, 1999 Traffic Enforcement Update.
X. INFORMATIONAL ITEMS:
A. Future Agenda Items.
The matter of traffic concerns in the area of Longview Drive, Thunder Trail and Nan
Court.
XI. SCHEDULE OF FUTURE CITY MEETINGS:
As agendized.
DDPW/Liu introduced John Ilasin, Engineering Intern.
MAY 11, 1999
ADJOURNMENT:
PAGE 5
C/Leonard-Colby moved, VC/Virginkar seconded, to adjourn the meeting. There being no further business to
come before the Traffic and Transportation Commission Chair/Morris adjourned the meeting at 8:50 p.m.
Respectfully,
David G. Liu
Secretary
Attest:
Roland Morris
Chair
I .-
CITY OF DIAMOND BAR
MINUTES OF THE PARKS & RECREATION COMMISSION
HEARING BOARD ROOM OF S.C.A.Q.M.D.
21865 Copley Drive
MAY 27, 1999
CALL TO ORDER:
Chairman Nolan called the meeting to order at 7:04 p.m.
PLEDGE OF ALLEGIANCE:
The audience was led in the Pledge of Allegiance by Commissioner Anis.
ROLL CALL:
Present: Chairman Dan Nolan, Vice Chairman Yvonne Pruitt, and
Commissioners Patty Anis, Annette Finnerty and Karen Holder.
Staff: Bob Rose, Community Services Director; Wendy Bowman,
Recreation Supervisor; and Marsha Roa, Administrative Secretary.
MATTERS FROM THE AUDIENCE: None
1. CONSENT CALENDAR:
1.1 Approval of Minutes of April 22, 1999 Regular Meeting.
VC/Pruitt moved, C/Finnerty seconded, to approve the minutes as presented.
Motion carried 5-0.
2. INFORMATIONAL ITEMS:
2.1 Recreation Update:
RS/Bowman presented the recreation update for
a. Athletics
b. Tiny Tots
C. Contract Classes
MAY 27, 1999 PAGE 2 PARKS & RECREATION COMMISSION
d. Marketing
2.2 Park Projects Report:
a. ADA Retrofit of Heritage Park and Ronald Reagan Park
CSD/Rose stated that the project at both parks is moving forward. The majority
of the hardscape work is completed. The construction of the play equipment is
schedule to commence next Tuesday. Both projects are on target to be
completed by the scheduled date of June 30.
b. Riparian Habitat at Sycamore Canyon Park
CSD/Rose reported that the fenced -in area at the back of the park consists of a
pond area on the south side and native trees on the north side. Construction is
complete and the fencing will remain for about five years to allow the
vegetation to grow and mature without interference. The trail is useable.
CSD/Rose responded to Chair/Nolan that developer Standard Pacific paid for
construction of the habitat and will pay for ongoing maintenance as well. Some
trees were removed in order to create the pond. The value of the total project
is in the $200,000 to $250,000 range.
Chair/Nolan asked that Concerts In The Park attendees be advised about the
location and nature of the habitat.
C/Finnerty suggested that information regarding "happenings" around the City
be included in the weekly concert program.
VC/Pruitt suggested that a City information table be set up at the concerts.
VC/Pruitt asked why a tree close to the wood bridge which has large holes in
the base and piping and rebar showing is patched with concrete on one side
and not on the other side. She pointed out that at the rear of the lower parking
area to the left of the gate, there is a very large red ant hill that presents a
danger.
Chair/Nolan asked if the City takes extra measures to spruce up the park prior
to the opening of Concerts In The Park.
CSD/Rose stated that at this time a power washer is being used to clean the
MAY 27, 1999 PAGE 3 PARKS & RECREATION COMMISSION
walls and concrete, trees are being trimmed, the grass is being fertilized and the
drainage is being checked.
Chair/Nolan asked if the City could get the cooperation of the condominium
complex homeowners association on the west side of the park to clean up the
connecting slope facing Golden Springs Drive.
2.3 501(c)3 Foundation Update:
CSD/Rose stated that the draft 501(c)3 foundation paperwork is currently with
the City Attorney.
The Commission concurred to request that this item be included on the June 24,
1999 agenda.
3. OLD BUSINESS
3.1 Draft Parks and Recreation Commission Mission Statement - The
Subcommittee consisting of Chairman Nolan and Commissioner Finnerty met
to develop draft samples of mission statements. Three samples were presented
for the Commission's consideration. Staff recommends that the Parks and
Recreation Commission review the draft mission statements and provide input
on the development of the final version.
Following consideration of the three samples and recommended changes,
VC/Pruitt moved, C/Finnerty seconded, to adopt Draft Mission Statement #1 as
amended:
"The Mission of the Parks and Recreation Commission is to:
♦ provide advice to the City Council;
♦ provide a quality parks system that is safe, properly maintained
and equally accessible to all residents of the City of Diamond
Bar;
♦ provide quality recreational programs for all ages;
♦ have the vision and flexibility to meet the ever changing needs
and interests of our diverse, multi -cultural community;
♦ be open and actively responsive to input from individuals and
community organizations;
♦ develop facilities that will accommodate the needs of our active
MAY 27, 1999 PAGE 4 PARKS & RECREATION COMMISSION
and growing community.
Recommended for adoption by the Parks and Recreation Commission this 27`h day of
May, 1999.
Motion carried 5-0 by roll call vote.
4. NEW BUSINESS
4.1 City's 11th Birthday Party Subcommittee - Appointment of two Commissioners
to serve on the 11th Birthday Party Subcommittee.
CSD/Rose presented staff's report. Staff recommends that the Parks and
Recreation Commission appoint two Commissioners to serve on the lith
Birthday Party Subcommittee.
VC/Pruitt recommended C/Holder to serve on the Subcommittee. Chair/Nolan
volunteered to serve on the Subcommittee. The Commission concurred to have
C/Holder and Chair/Nolan to serve on the City's 11th Birthday Party
Subcommittee as representatives of the Parks and Recreation Commission.
CSD/Rose stated that the weekend of May 6 and 7, 2000, has been selected as
the tentative date for the City's 11th Birthday Party.
ANNOUNCEMENTS:
C/Anis said that Evergreen Elementary School will hold its end of year field trip at Pantera
Park. She asked if maps will be provided to residents to help them find Pantera Park at the
Concerts In The Park series. She said the City looks good with all of the flowers in bloom
around town, in the medians and in front of Summitridge Park.
C/Finnerty reported on her tour of Peterson Park and Maple Hill Park. Peterson Park is looking
good. There is still a low spot on the sidewalk area on the Golden Springs Drive side. A wide
drain with two receptacles will be located in the area to ease the situation. She spoke about
replacement of broken tiles on the snack bar building. She said she believes the only area of
Peterson Park that is large enough to accommodate a skateboard facility is the area to the east
of the picnic shelter. Maple Hill Park looks great. She said she has not noticed the installation
of any vending machines yet. She reported on the May 26 Community/Civic Center Task
Force meeting.
MAY 27, 1999 PAGE 5 PARKS & RECREATION COMMISSION
C/Holder stated that she found out today that the Chino Hills Grand Avenue Park is scheduled
to open in about a month. She reported that instead of craft booths, kids games and kid crafts
will be combined for the next City Birthday Party. In addition, the car display will be reduced
and the business portion of the celebration will be expanded. The wrist bands will be
completed well in advance of the celebration to give the community clubs and PTA's an
opportunity to sell them. The committee is considering having a two day event beginning on
Saturday evening. Orian Pagan, Chamber of Commerce representative, is looking into the
possibility of having a Las Vegas Casino Night with western barbecue. The committee is
pursuing bigger and better advertising. She believes that the event should have one big draw
for the day.
VC/Pruitt suggested that a skateboard facility the size of the Huntington Beach facility would
fit very nicely in the corner of Peterson Park. She commented that the Paul C. Grow Park sign
is visible from one direction only. She echoed C/Anis' favorable comments regarding the
flowers in the City's median which she noticed driving toward D.B. from Chino Hills. She
suggested placing flowers around the park sign off of Grand Avenue at Summitridge Park. The
Pop Warner Golf Tournament was a huge success. She thanked the Commissioners and staff
for their support. Pop Warner recently completed its fourth annual three day weekend
carnival which was also a huge success. The Quail Summit Elementary School Carnival was
a very big success.
CSD/Rose explained that staff developed a pilot program to place flowers at the City's
monument sign entry points in order to provide color. Staff presented an annual budget of
about $15,000 per year for placement of flowers, changing out the flowers for each season to
provide flowers and color throughout the year which is being considered as a potential
Redevelopment Agency project.
VC/Pruitt said the flowers look a lot nicer than the ground cover which had become sparse
very quickly.
Chair/Nolan said the flags look great. He asked that staff present a report on spanner banners
and the skateboard park.
CSD/Rose responded that the design for spanner banners is included in the Fiscal Year
1999/2000 budget. Approximately $70,000 has been requested to design five different
locations in the City that could possibly accommodate the banners. Also, Council allocated
$200,000 in the proposed budget for an 8,000 square foot skateboard park.
Chair/Nolan reported that he and CSD/Rose worked on a project to discuss mutually beneficial
programs with schools. In the past 30 days they met with principals of Lorbeer Middle School
MAY 27, 1999 PAGE 6 PARKS & RECREATION COMMISSION
and Golden Springs Elementary School to discuss after school program options. The principals
seem very interested in the concept.
CSD/Rose said, however, that the principals indicated no interest in pursuing CIP projects
listed in the Parks Master Plan for their respective schools. The principals do not see a benefit
to their schools to construct these projects. Through discussions, it was determined that there
appears to be much interest in after school recreational programs at Lorbeer Middle School
and Golden Springs Elementary School. Staff is working with the recreation staff Contract
Class Specialist Kim Crews to see if she can come up with a cost-effective plan that can be
implemented at each of the schools utilizing their facilities.
RS/Bowman said she is concerned about the lack of staff to implement new programs. The
program could blossom and require several additional staff members.
CSD/Rose responded to C/Finnerty that City Council has allocated an additional $10,000 for
the use of pilot programs and program development expansion.
Chair/Nolan responded to VC/Pruitt that schools are looking for assistance in the arts and
academics areas. They are not interested in duplicating the program efforts of Pop Warner or
Little League. He said there will be an update regarding discussions with the schools in July.
He said that the joint City Council/Commission meeting last October was very useful and
hopes that the trend will continue.
ADJOURNMENT:
C/Finnerty moved, VC/Pruitt seconded, to adjourn the meeting. There being no other business
to come before the Commission, Chair/Nolan adjourned the meeting at 9:35 p.m.
Respectfully Submitted,
/s/ Bob Rose
Secretary
Attest:
/s/ Daniel Nolan
Chairman
C/"r _
CITY OF DIAMOND BAR
INTEROFFICE MEMORANDUM
TO: Mayor Pro Tem O'Connor and Councilmember Herrera
FROM: Linda G. Magnuson, Finance Director
SUBJECT: Voucher Register `Auly 6, 1999
DATE: June 30, 1999
Attached is the Voucher Register dated July 6, 1999. As requested,
the Finance Department is submitting the voucher register for the
Finance Committee's review and approval prior to its entry on the
Consent Calendar.
The checks will be produced after any recommendations and the final
approval is received.
Please review and sign the attached.
CITY OF DIAMOND BAR
VOUCHER REGISTER APPROVAL.
The attached listing of vouchers dated July 06, 1.'=f'?'`.•' have been
reviewed, approved, and recommended for payment. Payment= are
hereby allowed from the following funds in these amounts
DESCRIPTION
GENERAL, FUNL!
L.IDRARY SE.R'JICES
PROF` A - TRANSIT FUND
AIR ULTY I.MPR FD (AB2766)
COM DEV > LK: GRANT FUND
CITIZENS OF'-1--PUBL_I:C SFTY
L.LAD #38 FUND
LL.AD #39 FUND
LL.AD #41. FUND
C::API:TAL. IMPROV/PROJ FUND
SELF INSURANCE FUND
REPORT FOR. ALL. FUNDS
APPROVED BY:
Finance Director
PREPAID
VOUCHERS
237,077.91
639,605.75
.0051.1..61.
. 00
Vii;
742.00
3,091.:4
162.22
.00
208-80
5,596-99
.00
.00
1,S54.35
.0-1
212,957.00
240,909-15 17017,205.15
1000 A 0
Deborah H. O''Connor•
M. =..; os^ Pro Tem
Carol Hearer-''
City Manager
Caunc i. lmember-
T'OT'AL.
_77,4:=: -66
511./-1.
742.00
991.72
3,253.46
208-80
5,596-99 596.'_ 9
5,405.51.
3,354.05
1.46 , 66 . 0
213,957.00
1 25,_' 174.30
CITY OF DIAMOND BAR
RUN DATE: 07/01/1999 08:23:03 VOUCHER REGISTER PAGE: 1
DUE THRU: 07/06/1999
PREPAID
FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK
4 -CON ENGINEERING INC
2505310-46415-14"99-46415
8496
0901199-0
PARK IMPRV-HERITAGE PARK:
42,941.10
2505310-46415-15099-46415
8496
0901199-01
PAR!•'.. IMPRV-R REAGAN PM-'
58,972.50
TOTAL PREPAIDS
•00
TOTAL VOUCHERS
101,913.60
TOTAL DUE VENDOR
101,913.60
A-1 EQUIPMENT RENTALS
1255215-42130--
8448
136652004
TRUCK RENTAL -FOOD GV -A -WY
54.42
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
54.42
TOTAL INE VENDOR
54.42
AARP
0015351;-45300--
7924
MATURE DRVNG CLASS -6/7
48.00 06/30/1999 35449
TOTAL PREPAIDS
48,00
TOTAL VOUCHERS
.00
TOTAL DUE VENDOR
48.00
ACCURATE LANDSCAPE
13:55538-45500--
7780A
9906141
MNTHLY MAINT-DIST. 38
3,400.00
0015325-45300--
7780A
9906141
MNTHLY MAINT-STARSHINE PK
345.46
0015.3:31-4.5300--
7780A
9,06141
MNTHLY MAINT-SYCAMOP,E CYN
690.83
k' 015"11-45: 0--
77 .OA
4'r'0F 141
MNTHLY MAINT-PAUL C GROW
863.54
0015328-45300--
7730A
9906141
MNTHLY MAINT-SUMMITRIDGE
2,000.51
1395539-45500--
7780A
9906141
MNTHLY MAINT-DIST. 39
3,900.00
0015322-453T>
7780A
9906141
MNTHLY MAINT-R REAGAN PK
1,013.25
0015"1`L-45"0 --
7780A1"06141
MNTH!_Y MflINT-PANTERA PK
2.500.99
0015'.319-45300--
7710A
9906141
MNTHLY MAINT-PETERSON PK
1,454.36
1415541-45500--
7780A
9906141
MNTHLY MAINT-DIST 41
2,000.00
1385533-422210--
ADOL MNTHLY MAINT-DIST 38
97.41
001531=-4221t`--
ADDL MNTHLY MAINT-HRITAGE
513.57
0:.15316-45:00--
7760A
990..141
MNTHLY MAINT-MAPLE HILL
690.8"
1385538-42210--
ADiiL MNTHLY MAINT-DIST 38
383.81
0015313-45:00--
7780A
9906141
MNTHLY MAINT-HERITAGE PK
587.21
0015313-42210--
ADDL MNTHLY MAINT-HRITAGE
33.60
13955"9-42110--
ADDL MNTHLY MAINT-DIST 39
125.00
1_:)553`:.1-4221:!--
ADDL MNTHLY MAINT-DIST ',,!
8.97
0015312-41210--
ADDL MNTHLY MAINT-PANTERA
51.79
1415541-42210--
ADDL MNTHLY MAINT-DIST 41
72.65
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
20,734.00
TOTAL DUE VENDOR
20,734.00
ADOBE SYSTEMS
0014095-46235-- 8758 7059245 COMPUTER EQUIP -SOFTWARE 435.64
TOTAL PREPAIDS .00
TOTAL VOUCHERS 435.64
TOTAL DUE VENDOR 435.64
AMERICAN MINI STORAGE
0014090-42140-- PO882=:1 ANNL RNTL FEE -UNIT 92 1,342.00
TOTAL PREPAIDS .00
TOTAL VOUCHERS 1,342'.00
TOTAL DUE VENDOR 1,342.00
CITY OF DIAMOND BAR
RUN DATE: 071'01/1995 08:23:03
VOUCHER REGISTER
PAGE: 2
DUE THRU: 07/06/1595
PREPAID
FUND/SECT-ACCT-PROJECT-ACCT
PO # INVOICE DESCRIPTION AMOUNT
DATE CHECK
AMERICAN PLANNING ASSOCIATION
0015210-42320--
PUBLICA?ION
42,81
TOTAL PREPAIDS
TOTAL
.00
TOTAL VOUCHERS
42.81
TOTAL DUE VENDOR
42.81
AMERIZOMP IMAGING SYSTEMS
7880 18950/51 TONER CRTDGE-PRINTERS
3-5.62
0014095-42205--
TOTAL PREPAIDS
•8
TOTAL VOUCHERS
329.62
TOTAL DUE VENDOR
329.62
BARBARA ANDERSON
001-34740--
32101 RECREATION REFUND
55.00
TOTAL PREPAIDS
,ora
TOTAL VOUCHERS
59.00
TOTAL DUE VENDOR
59.00
AGNES ANTAL
001-347:30--
REFUND -SR EXCURSION
.-00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
32.00
TOTAL DUE VENDOR
32.00
DAN ANZIANO
4981 REFND SCRTY DEP-MAPLE HLL
50.00
TOTAL PREPAIDS
•8
TOTAL VOUCHERS
50.00
TOTAL DUE VENDOR
50.00
AREA D
0014440-42215--
760378129 AREA D DUES - FY 99/00
2,724.40
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
2,724.40
TOTAL DUE VENDOR
2,724.40
AT&T
0014030-42125--
PH.SVCS-CITY MANAGER..
143,65
0014090-42125--
PH.SVCS-GENERAL
84.01
001441`-42125--
PH.SVCS-VLNTR PATROL
56.77
0014090-42125--
FHNE CHARGES -LONG DIST
171.67
0014095-42125--
PHONE CHARGES-ECON DEV
16.52
1254411-42125--
PH.SVCS-SHERIFF
178.80
0014010-42125--
PH.SVCS-CITY COUNCIL
45.06
TOTAL PREPAIDS
•00
TOTAL VOUCHERS
700.48
TOTAL DUE VENDOR
704.48
ATHENS SERVICES
0015510-455:1--
7=`" -7 SWEEP SVCS -APRIL 99
9,584.0
:015510-45501--
CARO ST SWPNG SVCS -MAY 99
11,498.91
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
17,082.96
TOTAL DUE VENDOR
17.08:•96
PAGE: 3
PREPAID
AMOUNT DATE CHECK
750.00
.00
750.00
750.00
77.00
.00
77.00
77.00
43,196.42
.00
43,196.42
43,196.42
34.63
214.36
.00
Kle. 99
328.99
286.40
.00
286.40
286.40
477.67
.00
477.67
477.67
213,957.00
.00
213,957.00
213,957.00
50.06
.00
50.00
50.00
25.00
.00
25.00
CITY OF DIAMOND BAR
RUN DATE: 07/01/1999 08:23:03
VOUCHER REGISTER
DUE THRU: 07/06/1999
FUND/SECT-ACCT-PROJECT-ACCT
PO #
INVOICE DESCRIPTION
RAUL AYLLON
0015350-45305--
A^13
CONCERT IN PARY:-7/21/99
TOTAL PREPAIDS
TOTAL VOUCHERS
TOTAL DUE VENDOR
TERRENCE BELANGER
0014030-42330--
REIMB-SACMNTO AB373 6/8
TOTAL PREPAIDS
TOTAL VOUCHERS
TOTAL DUE VENDOR
CITY OF BREA
0015350-45300--
7916
64685 RECREATION SVCS -MAY 99
TOTAL PREPAIDS
TOTAL VOUCHERS
TOTAL DUE VENDOR
BRYAN STIRRAT & ASSOCIATES INC
0015551-45223--
7501
982061 PROF.SVCS-INSPECTION
0015510-45227--
8051
982109 PROF.SVCS-INSPECTION
TOTAL PREPAIDS
TOTAL VOUCHERS
TOTAL DUE VENDOR
BULLWINKLES
0015350-45310--
8W,
2026 DAY CAMP EXCURSION -6/17
TOTAL PREPAIDS
TOTAL VOUCHERS
TOTAL DUE VENDOR
BUY COM
0;:141)95-41200--
8764
13;,1565 COMP EQUIPMENT
TOTAL PREPAIDS
TOTAL VOUCHERS
TOTAL DUE VENDOR
CA JOINT POWERS INSURANCE AUTHORITY
5104081-47200--
49/00 GNRL LIABLTY DEP
TOTAL PREPAIDS
TOTAL VOUCHERS
TOTAL DUE VENDOR
VICTORIA CALLEROS
()01-23002--
49918 REFND SCRTY DEP-PETERSON
TOTAL PREPAIDS
TOTAL VOUCHERS
TOTAL DUE VENDOR
JUNGHWA CHANG
001-34780--
31495 RECREATION REFUND
TOTAL PREPAIIS
TOTAL VOUCHERS
TOTAL DUE VENDOR
PAGE: 3
PREPAID
AMOUNT DATE CHECK
750.00
.00
750.00
750.00
77.00
.00
77.00
77.00
43,196.42
.00
43,196.42
43,196.42
34.63
214.36
.00
Kle. 99
328.99
286.40
.00
286.40
286.40
477.67
.00
477.67
477.67
213,957.00
.00
213,957.00
213,957.00
50.06
.00
50.00
50.00
25.00
.00
25.00
CITY OF DIAMOND BAR
RUN DATE: 07/01/1999 08:23:03 VOUCHER REGISTER PAGE: 4
DUE THRU: 07/06/1999
FUND/SECT-ACCT-PROJECT-ACCT
WEN CHANG
0014095 -42330 --
CHARLES ADBOTT ASSOCIATES INC
0015510-45506--
0015510-45522--
0015510-45522--
001-23012--
0015510-45,902-
001-23011--
0015551-45223--
0015510-4522-7--
0015551-45223--
0015510-45521--
0015551-45223--
0:15510-45227--
0015510-45502--
0015Y-,1-45"---
0015510-45502--
001-23012--
0011.3011
001-23012--
001-2301'--
0U1-23ti 12--
001-', 012,
ERIKACHAJARIt
CINTAS CORPORAT TON
0i)1531i�-4't13U--
CLOUT
pi � 14030-42325--
PO # INVOICE
DESCRIPTION
PREPAID
AMMW DATE CHECK
REIMB-ICSC CONE 5/2J-26 37.00
TOTAL PREPAIDS .00
TOTAL VOUCHERS 37.00
TOTAL DUE VENDOR 37.00
8710
049-449
MRKNG & SGNING-APRIL/MAY
8,489.33
8709
04-452
PROF.SVCS-RGHT-OF-WAY MNT
2,141.20
6709
049-452
PROF.SVCS-MARKING t STRPN
1,242.20
227/202/200
PRDF.SVCS-EN 95-237
510.00
7571
049-449
ROAD MAINT-APRIL/MAY 99
28,833.80
211
PROF.SVCS-FER 92-001
661.50
8603
224
PROF.SVCS-GRDNG PLM CK:
463.61
8368
220
PROF.SVCS-GRDNG INSPECTN
12.75
8100
219
PROF.SVCS-GRDNG PLN CK
127.50
8709
049-449
ST MAINT-RGHT-OF-WY AP/MY
3,778.90
3372
225
PROF.SVCS-GRDNG PLAN CK
383.57
8368
221
W.%U-GRDNG INSPECTN
12.75
8766
049-452
PROF.SVCS-ROAD MAINT
19,176.10
6637C
226
PRDF.SVCS-GRDHNG PLAN CF:
435.66
6766
049-449
ROAD MAINT-APRIL/MAY 99
1,943.30
216
PROF.SVCS-EN 96-151
127.50
227/202/200
PROF.5VCS-EN 98-214
532.50
PROF.SVCS - EN 96-151
127.50
PROF.SVCS - EN 96-151
127.50
2:_7/202/200
PROF.SVCS-EN 96-160
820.00
217
PROF.SVCS - EN 96-151
127.50
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
70,074.67
TOTAL DUE VENDOR
70,074.67
497ti
REFI#D SCRTY DEP -SUMMTRDG
50.00
TOTAL PREPAIDS
,00
TOTAL VOUCHERS
50.00
TOTAL DUE VENDOR
50.00
7539
MAINT STF UNFRM-6/7,14,21
58.41
TOTAL PREPAIDS
•00
TOTAL VOUCHERS
58.41
TOTAL DUE VENDOR
58,41
MTC 6/24 -CM BELANGER 15.00 06/30/1999 35441
TOTAL PREPAIDS 15.00
TOTAL VOUCHERS .00
TOTAL DUE VENDOR 15.00
DAVID EVANS AND ASSOCIATES
2105310-46415-15099-46415 057183 PROF.SVCS - HERITAGE PARK 900.00.
2505310-46415-14999-46415 057183
FR'DF.SVCS - R REAGAN PARK 900.00
TOTAL PREPAIDS .00
TOTAL VOUCHERS 1,800.00
TOTAL DUE VENDOR 1,800,00
DAY & NITE COPY CENTER
0015510-42110--
CITY OF DIAMOND BAR
10.39
RUN DATE: 07/01/1999 08:23:03
1'835 25741
VOUCHER REGISTER
PAGE: 5
0015210-42110--
,?_ 8
'�0�-
DUE THRU: 07/06/1999
129,90
FUND/SECT-ACCT-PROJECT-ACCT
PO #
INVOICE DESCRIPTION
PREPAID
AMOIH+IT DATE CHECK
COFFEESMITH COMPANY
TOTAL PREPAIDS
.00
0014090-4:130--
7665
419;/4917 WATER LEASE-MAY/JUNE 99
35.90
0014090-42325--
7665
4432, COFFEE SERVICES - MAY 99
84.80
TOTAL PREPAIDS
,Q0
TOTAL VOUCHERS
120.70
TOTAL DUE VENDOR
120.70
COMPUTER COVERS UNLIMITED
0014095-46230--
8706
COMPUTER/SCANNER DUST CVR
45.53 06/30/1999 35446
TOTAL PREPAIDS
45,53
TOTAL VOUCHERS
.01
TOTAL DUE VENDOR
45,52;
CONVERSE CONSULTANTS NEST
001-2301--
333431 PROF.SVCS - EN 97-192
149.00
001-2301--
`I 431 PROF -SVCS - EN 97-198 -'; `'- °
1$7.00
TOTAL PREPAIDS
,00
TOTAL VOUCHERS
336.00
TOTAL DUE VENDOR
336.00
COOPER DELIVERY SERVICE
0:,14090-421'21--
874=:
16'?7' COURIERSVCS-LANTERMAN
25,pp
TOTAL PREPAIGS
00
TOTAL VOUCHERS
25.00
TOTAL DUE VENDOR
25.00
T'�:... i. ; ENGINEERING
L"
2`x:5310-46415-14!'7.,':�-46415
8574
PQ -01 PROF.SVCS-HERITAGE
6,813.0(;
..,74
�.
-�9PK-Oi PROF SVCS -R REAGAN
4,542.00
00j5220-45201--
7677A
99DB-06 BLDG&SFTY SVCS -5/15-6/15
56,487.56
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
67,842.56
TOTAL DUE 'VENDOR
67,842,51.,
BERNICE DAGAHPAT
1'7'7-4 REFND SCRTY DEP-PANTERn
50.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
50,00
TOTAL DUE VENDOR
50,DU
DAVID EVANS AND ASSOCIATES
2105310-46415-15099-46415 057183 PROF.SVCS - HERITAGE PARK 900.00.
2505310-46415-14999-46415 057183
FR'DF.SVCS - R REAGAN PARK 900.00
TOTAL PREPAIDS .00
TOTAL VOUCHERS 1,800.00
TOTAL DUE VENDOR 1,800,00
DAY & NITE COPY CENTER
0015510-42110--
PRNTNG SVCS -AERIAL MAF'
10.39
:5(5310-4641`-112`.8-46415
1'835 25741
PRNTNG-SPECS LORBEER LGHT
77.94
0015210-42110--
,?_ 8
'�0�-
LANTERMAN-DUF' AERIAL MAPS
129,90
0015350,-45..05--
8588 28,2'57/26661
PRNTNG PRGRMS-6/16,23,
114.65
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
111)
TOTAL DUE VENDOR
.88
332.88
RUN DATE: 07/01/1999 08:23:03
CITY OF DIAMOND BAR
VOUCHER REGISTER
PAGE: 6
DUE THRU: 07/06/1999
FUND/SECT-ACCT-PROJECT-ACCT
PO #
INVOICE DESCRIPTION
PREPAID
AMaJNT DATE CHECY,,
ANIL DAYA
001-23002
49926 REFND SCRTY DEP-MAPLE HLL
50.00
TOTAL PREPAIDS
00
TOTAL VOUCHERS
50.00
TOTAL DUE VENDOR
50.00
DAWN DEINES
001 '476'
31757, RECREATION REFUND
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
208.00
TOTAL DUE VENDOR
208.00
DEY•.RA-LITE
0105355-44000--
99214 REINSTALL BNNRS/XTR POLES
405.00
TOTAL PREPAIDS
,p(r
TOTAL VOUCHERS
405.00
TOTAL DUE VENDOR
405.00
DELTA DENTAL
001-21104--
JUNE JUNE DENTAL PREMIUMS
1,497.97 06/:30/1999 35431
TOTAL PREPAIDS
1,497.97
TOTAL VOUCHERS
.00
TOTAL DUE VENDOR
1,497.97
CAROL DENNIS
00140:0-44000--
001210-44000--
359
THCA0517 PROF.SVCS-HEP,MANOS 5/17
60.00
001555:-44000--
7757
ADR/PC0603 PROF.SVCS-ADR/PC MNTS 6/8
100.00
t�01404t�-440n� --
7757
TT0610 PROF.SVCS-T&T COMM 6/10
80.00
0014040-44000--
�C
715,
DBCC0601 PROF.SVCS-MNT SCRTRY 6/1
420.00
001550-44300--
7757
-,
DBCC0615 PROF SVCS-MNT SCTRY6/15,5
560.40
�
775:7
CC 6/9',5/26 P&R 4/24,5/27
480.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
1,700.00
TOTAL DUE VENDOR
1,700.40
DEPARTMENT OF GENERAL SERVICES
0014095-46230--
0826
306310/9538 COMP.EGUIP-CHAS PRDG FEE
1,725.11
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
1,725.11
TOTAL DUE VENDOR
1,725.11
DEPARTMENT OF TRANSPORTATION
0015510-45507--
7945
149541 StvGL/LGNTNG MAINT-APRIL
760.37
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
768.37
TOTAL DUE VENDOR
762.37
DEWAN LUNDIN & ASSOCIATES
2`;;•`510-4(•,411-121)98-46411
50'510-46411-1219'3-46411
05577
DB-011,-5 c •_
FROF.SVCS-DSGNS MEADOWGLN
272.50
0577
DB-,�;�__, PRDF.SVCS-DSGNS AMBl1Sn"tRS
21'.00
TOTAL PREPAIDS
,00
TOTAL VOUCHERS
491.50
TOTAL DUE VENDOR
491.57
CITY OF DIAMOND BAR
RUN DATE: 07/01/1499 08:23:03
VOUCHER REGISTER
PAGE: 7
DUE THRU: 07/06/1999
FUND/SECT-ACCT-PPOJECT-ACCT
PO #
INVOICE DESCRIPTION
PREPAID
AMOUNT DATE CHECK
DIAMOND BAR CHAMBER OF COMMERCE
0014090-42115--
8747A
880 AD - Y2K MEETING
295.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
295.00
TOTAL DUE VENDOR
295,p0
DIAMOND BAR IMPROVEMENT ASSOCIATION
0014090-42115--
88'1118,
2656 AD-CNCRT PK:/DB2K/TH MTG
1,320.00
1255215-42355--
8772
SPPLS-PAINT THE TOWN
3,091.24 06/30/1999 '35440
TOTAL PREPAIDS
3,091.24
TOTAL VOUCHERS
1,320.00
TOTAL DUE VENDOR
4,411.24
DIAMOND BAR MANAGEMENT CORP
001-34430--
REFUND2 REFUND -FEE FOR BANNER
25.00
001-23013--
REFUNDI REFUND -TS DEP FOR BANNER
100.00
TOTAL PREPAIDS
,00
TOTAL VOUCHERS
125,00
TOTAL DUE VENDOR
125.00
DIAMOND BAR MOBIL
0015310-42:10--
MAY FUEL -COMMUNITY SVCS
149.51
0014090-42310--
MAY FUEL -GENERAL GOVT
72.90
TOTAL PREPAIDS
,00
TOTAL VOUCHERS
222.41
TOTAL DUE VENDOR
22'x.41
DIGITAL DISTRIBUTORS INC
0014095-462'.20--
87'
1528' COMP EQUIP -DIGITAL CAMERA
1,335.89
001-2,07 10--
1`" `'u USE TAX
-99,35
TOTAL PREPAIDS
,001
TOTAL VOUCHERS
1,236,54
TOTAL DUE VENDOR
1,236.54
ENVICOM
001-2,3011--
772" ENVRNMNT RPT-FER 01-002
1,481.0'
TOTAL PREPAIDS
,D0
TOTAL VOUCHERS
1.481.09
TOTAL DUE VENDOR
1,481.09
OLOA ESQUIVEL
. ,1-34720--
499f1 REfND ADULT EXr_RS";
2;.00
TOTAL PREPAIDS
,00
TOTAL VOUCHERS
TOTAL DUE VENDOR
RUBEN S ESTRADA
0�%1-23sj02--
4982c. REFUND SCRTY DEP-PANTERA
50.00
TOTAL PREPAIDS
,;�o
TOTAL VOUCHERS
50.00
TOTAL DUE VENDOR
50.00
CITY OF DIAMOND BAR
RUN DATE: 07/01/1999 08:23:03 VOUCHER REGISTER PAGE: 8
DUE THRU: 07/06/1999
PREPAID
FLXVD/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE
FEDERAL EXPRESS
001-23010--
760481028
EXPRESS MAIL -FPL 99-09
16.25
CxJl-x'010--
760459520
EXPRESS MAIL -FPL 99-010
12.75
001-23010--
760481028
EXPRESS MAIL -FPL 98-051
25.50
t,Ul x3010--
760481028
EXPRESS MAIL -FPL 99-011
12.75
001-23010--
760393724
EXPRESS MAIL -99-07
35.50
001-2,'010--
760378129
EXPRESS MAIL -FPL 99-010
25.50
001-23010--
760459520
EXPRESS MAIL -FPL 98-051
48.25
001-23010--
760459520
EXPRESS MAIL -FPL 99-011
25.50
001-23010--
760481028
EXPRESS MAIL -FPL 99-010
12.75
001-23010--
760378129
EXPRESS MAIL -FPL 99-051
71.00
0014090-42120--
760459520
EXPRESS MAIL -GENERAL GOVT
55.25
0014(90-42120--
760459520
EXPRESS MAIL-LANTERMAN
243,75
0014090-42120--
760378129
EXPRESS MAIL -GENERAL GOVT
108.00
00146,10-4213ti--
760481028
EXPRESS MAIL -GENERAL
346.25
0014090-42120--
760392724
EXPRESS MAIL -GENERAL GOVT
97.75
001-2'c:Ult>--
760481028
EXPRESS MAIL -FPL 96-049
16.25
001-2301(r--
760378129
EXPRESS MAIL -FPL 99-008
25.50
0014090-4313::--
760437916
EXPRESS MAIL - GENERAL
43.50
i)'1-33010--
760278129
EXPRESS MAIL -FPL 99-W2
64.2.`_•
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
1,286.25
TOTAL DUE VENDOR
1,286.25
FIVE -STAR CONFEREN"E
0�?f531t>-42?30-- 7/F,/99 PLNG RESOURCE TAPE 10.16
TOTAL PREFAIDS .00
TOTAL 'VOUCHERS 10.16
TOTAL DUE VENDOR 10.16
FLOWERS ARE US
001 '--)qO-4'2395-- t17i 3?,7/14 FLWRSl-RAMSEY/REZA 146.13
TOTAL PREPAIDS .00
TOTAL VOUCHERS 146.13
TDTAL DUE VENDOR 146.13
F007, SYSTEMS INC.
0 ; A090-4332`-- F235 1700-L"K4 MTG SPPLS-CC 5/25,T./F5/26 304.21
0014090-42x:25-- 2.725 1702? MTG SPPLYS-C CNCL 6/1/99 141.59
TOTAL PREFAIDP_ .00
TOTAL VOUCHERS 345.80
TGTAL DUE VENDOR 345.80
ANA GALLAHAN
int:'_ -2' o2.l-- 50001 REFND SCRTY DEF -MAPLE HLL 50.00
TOTAL PREFAIDS .00
TOTAL VOUCHERS 50.00
TOTAL DUE VENDOR 50.00
CHECK
RUN DATE; 07/01/1999 08:23:03 CITY OF DIAMOND BARVOUCHER REGISTER PAGE: 9
DUE THRU: 07/66/1999
FUND/SECT-ACCT-PROJECT-ACCT
GFB FRIEDRICH & ASSOCIATES INC
1415541-44000--
2505510-46411-01498-46411
0015510 -45227 --
13M39 -44000--
1395539-44000--
1325538-44000--
2505510-46411-01498-46411
14150541 -44000 --
138553;_ -441}00 --
GLOBAL MART
001-20710-
}--
0014095-4623:?--
GRAF_ITI CONTROL SSTEMS
O'D1, 51.58 112x, --
_,L CALIFORNIH
r1(ii4t}•::;;-4 •115--
000153331-42125--
001,
1185098-4212--
C,
j5 .0
y i U _..* �.0-4�1 �_�--
60140'"10-421^`--
-.:5311-42125--
HALL & FOREMAN
001 -23012 --
ANNE HARAKSIN
1.264411-42340--
0014U30-423330--
PO # INVOICE DESCRIPTION
990006-02 LNDSCP ASSESSMNT-DIST 41
9905-04/03 PROF SVCS-SLRRY SEAL AR.1
8.213 9905-02 PROF.SVC5-GRDN6 INSPEC.
99pOti6-02 LNDSCP ASSESSMNT-DIST 39
990006-02 LNDSCP ASSESSMNT-DIST 39
990006-02 LNDSCP ASSESSMNT-DIST 38
9905-04103 PROF SVCS-SLRRY SEAL AR.1
990006-02 LNDSCP ASSESSMNT-DIST 41
?90006-02 LNDSCP ASSESSMNT-DIST
TOTAL PREPAIDS
TOTAL VOUCHERS
TOTAL DUE VENDOR
11127 USE TAY
2769 11107 COMP EO -PHOTO PRTR
TOTAL PREPAIDS
TOTAL V"IUCHERS
TOTAL DUE VENDOR
7`46 DB0599 GRAFFITI RMVL-MAY 99
TOTAL PREPAIDS
TOTAL VOUCHERS
TOTAL DUE VENDOR
FH.SVCS-SYC CYN PARI.:
PH.SVCS-BLDG & SFTY
PH.SVCS-SYC CYN PARI:.
yt,,_,•-,64r35 PH.SVCS-RBS MODEM
7 AS6435Q, INSTL.PHONE - BLDG & SFT`'
90QB605463 PH. SVCS -CITY ON LINE
PH.SVCS-LIBRARF PROJECT
PH.SVCS-GENERAL
PH.SVCS-SFC CYN PARD
PH.SVCS-HRTG COMM.CTR
TOTAL PREPAIDS
TOTAL VOUCHERS
TOTAL DUE VENDOR
038243 PROF. SVCS - EN 98-220
TOTAL PREPAIDS
TOTAL VOUCHERS
TOTAL DUE VENDOR
REIMB CONF-COPS 6/13-15
REIMB CONF-PERSONNEL
TOTAL PREPAIDS
TOTAL VOUCHERS
TOTAL DUE VENDOR
AMOUNT
286.00
2,232.00
120.19
206.00}
995.70
286.00
9,813;.05
995.70
995.70
.00
16,010.34
16,010.34
-37.94
507.84
.015
469.90
469.9(.
.00
3,210.00
210.00
62'. °5
137.4
AR. 47
56.67
455.27
44.05
106.61
2,072.14
9.12'
.00
::,143.57
3,143.57
1,620.00
.00
1,620.00
1,620.00
30.00
82.00
.00
112.00
112.00
PREPAID
DATE CHECK
CITY OF DIAMOND BAR
RUN DATE: 07/01/1999 08:23:03
VOUCHER REGISTER
PAGE: 10
DUE THRU: 07/06/1999
FUND/SECT-ACCT-PROJECT-ACCT
PO # INVOICE DESCRIPTION
AMOUNT PDATEID
CHECK
HDL COREN & CONE
0014090-44010--
3641 TAX AUDIT SVCS -2ND QTR
2,703.=:
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
2 10.3 9.3
TOTAL DUE VENDOR,70;i.93
SABRINA HIRJI
001-34780--
553 RECREATION REFUND
75.00
TOTAL PREPAIDS
.SMO
TOTAL VOUCHERS
75.00
TOTAL DUE VENDOR
75.00
HOLIDAY INN CIVIC CENTER
0014030-42,::30--
SCAN/NATOA CONF-FRITZAL
316.92 06/30/199='
35447
TOTAL PREPAIDS
TOTAL VOUCHERS
.0c,
TOTAL DUE VENDOR
316.92
HOME BASE
001531:3-42216--
0310374 SUPPLIES -HERITAGE PARK
46.24
TOTAL PREPAIDS
.ISO
TOTAL VOUCHERS
46.24
TOTAL DUE VENDOR
46.24
HOME DEPOT
0015313-42210--
120855/21403 SUPPLIES -HERITAGE PARK:
143.37
1395539-42210--
120855/21403 SUPPLIES-LLAD 39
89,84
TOTAL PREPAIDS
00
TOTAL VOUCHERS
'3=3,21
TOTAL DUE VENDOR
LJJ2331 . 21
PAM H! !ANG
001-34780--
:?176': RECREATION REFUND
39.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
39,p{j
TOTAL DUE VENDOR
39.00
LAUREN HULL
0:-i-2300 --
49709 REFND SCRTY DEP-SUMMTRDG
50.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
50.00
TOTAL DUE VENDOR
50.00
ICMA
001430-40080--
PP -10!11 JUNE PAYROLL DEDUCTION
a
2,004.00 06';0!199';
j� 7*
�,4__
O -i -2110c:--
PP -10;11 JUNE CONTRACT CONTRIB
400.00 06/:30/1999
35438
PP -11+.:;'11 JUNE CONTRID-ALL DEFTS0
SJe7iJG.LL U6/�0/19',a9
.,54.,U
3
TOTAL PREPAIDS
18,140.22
TOTAL VOUCHERS
,0p
TOTAL DUE VENDOR
18,140.22
CITY OF DIAMOND BAR
RUN DATE. 07/01/1999 08:23:03
VOUCHER REGISTER
FACE: 11
DUE THRU: 07/06/1999
PREPAID
FUND/SECT-ACCT-PROJECT-ACCT
PO #
INVOICE DESCRIPTION AMOUNT
DATE CHECK:
ICMA RETIREMENT -401
001-21108--
PF10/11 PP10/11-DE'r COMP 401(A)
1,342.30 06/30/1999 354?w
TOTAL PREPAIDS
1,34.30
TOTAL VOUCHERS.
•0f'
TOTAL DUE VENDOR
I,�42.30
INLAND EMPIRE STAGES
0015350-45310--
8045
ADULT EXCRSN-SHWTM CABART
992.00
1125360-45310--
8044
0313090 ADULT EXCRSN-TANSPORTATN
371.00
1125360-45310--
8045
ADULT EXCRSN-TRANSP.
371.00
0015350-45310--
8044
0313990 ADULT EXCRSN-GONDOLA GTWY
1,462.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
3,196.00
TOTAL DUE VENDOR
3,196.00
INLAND VALLEY DAILY BULLETIN
001-23010--
LEGAL AD - FPL 99-02
152.10
001-23010--
LEGAL AD - FPL 99-10
117.00
0014040-42115--
7578
45503856 LEGAL AD-INVTNG BIDS-LRBR
55.58
001-123010--
LEGAL AD - FPL 99-04
114.08
001-23010--
LEGAL AD - FPL 98-51
122.85
001-23010--
LEGAL AD - FPL 99-10
117.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
678.61
TOTAL DUE VENDOR
678.61
INLAND VALLEY HUMAME SOCIETY
0014431-45400j--
42500-0790ANIMAL CNTRL SVCS -JULY 99
5,437.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
5,437.00
TOTAL DUE VENDOR
51437.00
INSTANT ;:SPLAY
0015350-46205--
AS'115
CONCERT IN PARK - 8/11/99
300.00
TOTAL PREPAIDS
TOTAL VOUCHERS
800.00
TOTAL DUE VENIOR
800.00
1 N 1 COUNCIL OF SHOPPINF CENTERS
0014005-42140--
BU "
BOOTH RENTAL-ICSC GGNF.
1,'60.00 0b/3i!/1999 35442
.LSC CONF-110/ L.
760.00
TOTAL PREPAIDS
L,96fj.00
TOTAL VOUCHERS
760.00
TOTAL DUE VENDOR
2.720.00
!NTER'NATIOP t+L SERVICES IN7:,,
;;!14411-45411!--
8_.5
"234 CRSSNG GRD SVCS -MAY 99
6,739.8:'
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
6,789.8.'
TOTAL DUE VENDOR
6,789.83
CITY OF DIAMOND BAR
RUN DATE: 07/01/1999 0$:23 03
VOUCHER REGISTER
PAGE, 12
DUE THRU: 07/06/1999
PREPAID
FUND/SECT-ACCT-PROJECT-ACCT
PO # INVOICE DESCRIPTION
AMOUNT DATE CHECK
IRPM-GATEWAY
0014090-42140--
884:s JUL LEASE-SUITE 100/190
19,465.70
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
19,465.70
TOTAL DUE VENDOR
19,465.70
STEPHANIE JOHANSSON
001-23002--
49873 REFND SCRTY DEP-PETERSON
50.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
50.00
TOTAL DUE VENDOR
50.00
KENNETH A JORKIN
001-23002--
4990`.? REFND SCRTY DEP-PETERSON
50.00
TOTAL PREPAIDS
,W
TOTAL VOUCHERS
50.00
TOTAL DUE VENDOR
50.00
LAURIE KAJIWARA
0014095-42330--
ICEE EXPENSES-BEIM.
62.99
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
62.99
TOTAL DUE VENDOR
62.99
KENS HARDWARE
0015319-42210--
SUPPLIES-PETERSON PARK.
22.06
SUPPLIES-VEHICLE MAINT
136.64
0015310-41200--
SUPPLIES-PARKS MAINT
193.22
0015:;22-42210--
SUPPLIES-R REAGAN PARK.
15.:30
0015331-42210--
SUPPLIES-SYC CYN PAR"'
16.23
138,55r3=-42210--
SUPPLIES-DIST 3$
5.94
1)01531;-4'2210--
SUPPLIES-PANTERA PAR".'
59.33
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
457.72
TOTAL DUE VENDOR
457.72
ulAN KIM
001-34740--
31475:: RECREATION REFUNL'
115.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
113.00
TOTAL DUE VENDOR
113.00
:.IR': XPEDi;
0014090-411 201j__
8.32'? K940455 RECYCLED COPY PAPER
454.65
TOTAL PREPAIDS
.00
TOTAL VOUCHER:
454.65
TOTAL DUE VENDOR
454.65
LISA K.WAN
001-34741)--
3138 RECREATION REFUND
54.00
TOTAL PREPAIDS
.00
TOTAi- VOUCHERS
54.00
TOTAL DUE VENDOR
54.00
RUN DATE: 07/01/1999 08,23:03
FUND/SECT-ACCT-PROJECT-ACCT
LEAGUE OF CA CITIES
0014010-42330--
0014090-42,15--
0014010-42330--
LEIGHTON & ASSOCIATES
001-23012--
001-2301'--
001-23012--
001-23012--
001-23012--
001-23012--
001-23v11'--
001-23012--
001-2,012--
001-23012--
001-23012--
00f -23. 1'-
001-23012-
001-2ti�0 f 2--
tj[l--
0-2=012--
LEWIS ENGRAVING INC
0014090-4211:.--
WES LIANG
i
t}t i i -34761 ;--
LIVINGSTON ?i MATTESICH
0014620 -44021 --
0014020 -44021 --
LOS ANGELES COUNTY FT RE DEPARTMENT
00144::1 -45404 --
3175=' RECREATION REFUND 104.00
TOTAL PREPAIDS .00
TOTAL VOUCHERS 104.00
TOTAL DUE VENDOR 104.00
8840 21291 SPCL LEGAL SVCS-LANTERMAN 7,723.00
R 40 2153EPCL LEGAL SVCS-LANTERMAN 2 :393.01
TOTAL PREPAIDS .00
TOTAL VOUCHERS 10,116.01
TOTAL DUE VENDOR 10,116.01
C001674 CONTRACT SVCS-FYQ9/00 7,:59.00
TOTAL PREPAIDS .00
TOTAL VOUCHERS 7,359,00
TOTAL DUE VENDOR 7,359,p0
CITY OF DIAMOND BAR
VOUCHER REGISTER
PAGE: 13
DUE THRU: 07/06/1999
PREPAID
PD # INVOICE
DESCRIPTION
AMOUNT DATE CHECK
LEAGUE CONF-LDRSHIF' ACDMY
225.00
99-23
99/00 ANNL DUES CNTY INE
925.00
LEAGUE CONF-EXECTV FORUM
840.00
TOTAL
PREPAIDS
100
TOTAL
VOUCHERS
1,990.00
TOTAL
DUE VENDOR
1,9`0.00
PROF.SVCS - EN 95-139
322.50
PROF.SVCS-EN 98-238
305.00
PROF.SVCS - EN 98-2,6
867.50
PROF.SVCS-EN 98-209
445.00
PROF.SVCS-EN 98-235
455.00
PROF.SVCS - EN 98-230
135.75
PROF.SVCS-EN 98-209
470.75
PROF.SVCS - EN 98-237
195.00
PROF.SVCS - EN 98-217
195.00
PROF.SVCS - EN 98-229
237.50
PROF.SVCS - EN 98-23,
665.00
PROF.SVCS - EN 98-2331
275.00
PROF.SVCS - EN 98-229
102.50
PROF.SVCS - EN 96-234
297.50
PROF.SVCS-EN 96-148
297.50
PROF.SVCS-EN 96-148
150.75
PP,OF.SVCS-EN 96-148
390.00
TOTAL
PREPAIDS
.00
TOTAL
VOUCHERS
5,807.25
TOTAL
DUE VENDOR
5,807.25
7WE 3341i,
ENVGRA'JINO SVCS -TILE
17.32
TOTAL
PREPAIDS
,00
TOTAL
VOUCHERS
17,32
TOTAL
DUE VENDOR
17.32
3175=' RECREATION REFUND 104.00
TOTAL PREPAIDS .00
TOTAL VOUCHERS 104.00
TOTAL DUE VENDOR 104.00
8840 21291 SPCL LEGAL SVCS-LANTERMAN 7,723.00
R 40 2153EPCL LEGAL SVCS-LANTERMAN 2 :393.01
TOTAL PREPAIDS .00
TOTAL VOUCHERS 10,116.01
TOTAL DUE VENDOR 10,116.01
C001674 CONTRACT SVCS-FYQ9/00 7,:59.00
TOTAL PREPAIDS .00
TOTAL VOUCHERS 7,359,00
TOTAL DUE VENDOR 7,359,p0
CITY OF DIAMOND BAR
RUN DATE: 07/01/1999 08:23:03
VOUCHER REGISTER
PAGE: 14
DUE THRU: 07/06/1999
PREPAID
FUND/SECT-ACCT-PROJECT-ACCT
PO #
INVOICE DESCRIPTION AMOUNT DATE CHECK.
LOS ANGELES COUNTY PUBLIC WORKS
2505510-46411-08998-46411
-800001379'2
PROF.SVCS-UNGRD SVCS CAR
2,076.58
0015510-45507--
=67+
X286
RTN/EXTRODNRY MAINT-MAY
4,249.96
2505510-46411-0i498-464il
9900001133 PROF.SVCS-SLURRY SEAL
155.65
TOTAL
PREPAIDS
.00
TOTAL
VOUCHERS
6,485.19
TOTAL
DUE VENDOR
6,485.19
LOS ANGELES COUNTY SHERIFF'S DEPT
0014411-45401--
15104
CONTRACT SVCS -MAY 99
304,264.74
0014411-4,5,4022--
14983
T./LC SCHOOL -APRIL
2,804.6
0014411-45402--
14983
TIC CALV.CHAPEL-APRIL
4,767.95
0014411-45-401--
14865
MARCH 99 -HELICOPTER SVCS
220.66
TOTAL
PREPAIDS
.00
TOTAL
VOUCHERS
312,057.97
TOTAL
DUE VENDOR
312,057.97
LUCKY
0014095-42;25--
887?
MTG SPPLS-TRAVELERS 6/16
189.50 06130/1999 35439
TOTAL
PREPAIDS
189.50
TOTAL
VOUCHERS
.00
TOTAL
DUE VENDOR
189.50
MARIZA LULO
001-34780--
31876
RECREATION REFUND
30.00
TOTAL
PREPAIDS
.00
TOTAL
VOUCHERS
30.00
TOTAL
DUE VENDOR
30.00
M&M PRINTING
0014090-42110--
8839
7909
EPPLS-STATIONERY/IMPRNTS
516.35
TOTAL
PREPAIDS
.00
TOTAL
VOUCHERS
516.35
TOTAL
DUE VENDOR
516..35
MALIBU PACIFIC
0015313-46250--
817'='
262'
RESRFACE BE CRT -HERITAGE
600.00
0015314-46410--
81�9
2629
RESRFACE BB CRT -MAPLE HLL
600.00
0015322-46410--
817'='
2629
RESRFACE BE CRT-REAGAN
600.00
TOTAL
PREPAIDS
.00
TOTAL
VOUCHERS
1,800.00
TOTAL
DUE VENDOR
i,800.00
DEBBIE MAF
001-253002--
4987'?
REFND SCRTY DEP-PANTERA
50.00
TOTAL
PREPAIDS
.00
TOTAL
VOUCHERS
50.00
TOTAL
DUE VENDOR
50.00
MARRIOTT RANCHO LAS PALMAS RESORT
0014:3 ;-42yli 30--
MMASC CQNF-HARA'r'.blN 8/4-6
156.96
TOTAL
PREPAi S
.00
TOTAL
VOUCHERS
156.96
TOTAL
DUE VENDOR
156.9.6
CITY OF DIAMOND BAR
RUN DATE: 07/01119'39 08:23:03
VOUCHER REGISTER
PAGE, 15
DUE THRU: 07/06/1999
PREPAID
FUND/SECT—ACCT—PROJECT—ACCT
PO #
INVOICE DESCRIPTION
AMOUNT DATE CHECK
IDA MATTIA
001-34730--
49513 REFND—SR EXCURSN 6/30
69.00
TOTAL PREPAIDS
,00
TOTAL VOUCHEFS
69.00
TOTAL IUE VENDOR
69.00
MEYER, MOHADDES
2505510-46412-14199-46412
7891
4081 PROF.SVCS—BREA CYN/D/CRST
2,840.00
2505510-46412-14099-46412
7890
4081 PROF.SVCS—BREA CYN/GLNBRK
815.00
0015553-45222--
7493
4081 PROF.SVCS—BREA CYN/GLDN S
1,660.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
5,315.00
TOTAL DUE VENDOR
5,315.00
MIKE HENEBRY
0015350-45305--
A8811
CONCERT IN PARK — 7/7/99
800.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
800.00
TOTAL DUE VENDOR
800.00
MMASC
0014030-42330--
REG.CONF—AUG 4-6 A HARKSN
230.00 06/30/1999 35450
TOTAL PREPAIDS
230.00
TOTAL VOUCHERS
.00
TOTAL DUE VENDOR
230.00
MOBILE MODULAR MANAGEMENT GROUP
0015350-42140--
8117
115177 PRTBLE RNTAL—SYC CYN PART"
460.06
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
460,06
TOTAL DUE VENDOR
460.06
MONTEFINO HOA
REFUND PERMIT FEE
129.40
TOTAL PP,EPAIDS
00
TOTAL VOUCHERS.
129.40
TOTAL DUE VENDOR
129.40
BJ MOORE
001-347:31--
49593 REFUND—SR EXCURSION 6/30
32'.00
TOTAL PREPAIDS
,00
TOTAL VOUCHERS
3"00
TOTAL DUE VENDOR
3L,O0
SAM MORRISON
0015350-45305--
A"314
CONCERT IN PARK: — 8/4/99
800.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
800,00
TOTAL DUE VENDOR
800.00
NATIONAL REVENUE CORP
0014090-44000--
2775
N299736 PROF SVCS—COLLECTN AGENCY
62.50
TOTAL PREPAIDS
,Ota
TOTAL VOUCHERS
62.50
TOTAL DUE VENDOR
62.50
CITY OF DIAMOND BAR
RUN DATE: 07/01/1999 08:23:03 VOUCHER REGISTER PAGE: 16
DUE THRU: 07/06/1999
FUND/SECT-ACCT-PROJECT-ACCT
NELSONICS
0015350-45305--
0015350-45305--
0015350-45305--
0015'3.50-45305--
0015350-45305--
0015350-45305--
0015350-45305--
O'RDURKE ENGINEERING
2505510-46412-14799-46412
OFFICE DEPOT
0014090-41200--
0014030-41200--
0014090-4622fl--
0014090-41200--
0015510-410.00--
0014440-41200--
0014040-41200--
001404� �-41200--
0015510-41200--
PACIFIC LIGHTING SALES INC
2`_:! X551 i 3-4641::-14199-46.412
PAYROLL. TRANSFER
001-10200--
001-10200--
LUCILLE PEN_.'E
CC! 1 -344j0 --
001-23010--
PO # INVOICE
DESCRIPTION
A8805 11344 EQUIP RENTAL -2/4/99
A8805 11342 EQUIP RENTAL - 7/21/99
A8805 11341 EQUIP RENTAL - 7/14/99
A -g805 11343 EQUIP RENTAL - 7/28/99
A8805 11346 EQUIP RENTAL - 0/18/99
A8805 11340 EQUIP RENTAL - 7/7/99
A8805 11345 EQUIP RENTAL - 8/11/99
TOTAL PREPAIDS
TOTAL VOUCHERS
TOTAL DUE VENDOR
801 MU98101/3 PROF,SVCS-SCH.SFTY/IMPRV
TOTAL PREPAIDS
TOTAL VOUCHERS
TOTAL DUE VENDOR
7666/DPEN SUPPLIES -GENERAL
7666/OPEN SUPPLIES -CITY MANAGER
8776 070571011 SUPPLIES -OFFICE FURNTR
7666/OPEN SUPPLIES -GENERAL
7666/OPEN SUPPLIES -PUBLIC WORKS
7666/OPEN SUPPLIES -CITY CLERk::
7666/0PEN SUPPLIES -CITY CLERK
7666/OPEN SUPPLIES -CITY CLERK
7666;DPEN SUPPLIES -PUBLIC WORKS
TOTAL PREPAIDS
TOTAL VOUCHERS
TOTAL DUE VENDOR
°765 50009743 PROF.SVCS-TRFFC SGNL
TOTAL PREPAIDS
TOTAL VOUCHERS
TOTAL DUE VENDOR
PP13 PAYROLL TRANSFER-PP12
PP12 PAYROLL TRANSFER,-PP12
TOTAL PREPAIDS
TOTAL VOUCHERS
TOTAL DUE VENDOR
REFUNC PLOT PLAN FEE
REFUND DEV DEPOSIT - REFUND
TOTAL PREPAIDS
TOTAL VOUCHERS
TOTAL DUE VENDOR
AMOUNT
500. Of)
500.00
500.00
500.00
500.00
500.00
500.00
.00
3,500.00
:3,500.00
431.50
.00
431.50
431.50
420.69
44,16
16:.38
169.66
157,07
331.91
118.60
28.44
21,D.
.00
1,579.21
' 579,21
1,486.27
.00
1,4$6.27
1, 486.. 27
PREPAID
DATE CHECK
62,500.00 06/30/1999 PPi3
62,300.00 06/30/1999 PP12
124,800.00
.00
124,800.00
-171'.00
1,000.00
.00
830,00
830.00
CITY OF DIAMOND BAR
RUN DATE: 07/01/1999 08:23:03 VOUCHER REGISTER PAGE: 17
DUE THRU: 07/06/1999
PREPAID
FUND/SECT-ACCT-PRDJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK
PENTAMATION ENTERPRISES INC
0014090-42125-- 05-120800 DATA LINE CHARGES -MAY 17.60
TOTAL PREPAIDS .00
TOTAL VOUCHERS 17.60
TOTAL DUE VENDOR 17.60
PERS HEALTH
001-21105-- JUNE JUNE HEALTH PREMIUMS 10,316.76 06/30/1999 35432
W14090-4D09c; - JUNE ADMIN FEE - JUNE 49.46 06/30/1999 35432
TOTAL PREPAIDS 10,366.22
TOTAL VOUCHERS .00
TOTAL DUE VENDOR 10,366.22
PERS RETIREMENT FUND
001-21109--
PP1l
SURVIVOR BENEFIT
32.55
06/30/1999
35434
001-21109--
PP12
RETIRE CONTRIB-ER
3,746.09
06/30/1999
35444
001-1109--
PP12
RETIRE CONTRIB-EE
4,25$.31
06/30/1999
35444
001-21109--
PPil
RETIRE CONTRIB-ER
3,714.$8
06/30/1999
35434
001-21109--
PP11
RETIRE CONTRIB-EE
4,222.84
06/30/1999
35434
001-2110:1--
PP 12
MILITARY BUY BACK
509.69
06/30/1999
35444
Uq1-21109--
PP12
SURVIVOR BENEFIT
32.55
06/0.0/1999
35444
PPii
MILITARY BUY BACK
509.69
06130/1999
35434
TOTAL
PREPAIDS
17,026.60
TOTAL
VOUCHERS
.00
TOTAL
DUE VENDOR
17,026.60
PK DEVELOPMENT !� CONSTRUCTION INC.
001-34430-- REFUND PLN INSPECITON FEE -REF 200.00
001-3.464:-- REFF- D PLNG FEE -1',:!.00
TOTAL PREPAIDS .00
TOTAL VOUCHERS 30.00
TOTAL DUE VENDOR 30.00
POSTMASTER
ian14!`?0-42120-- P08j21 EXPRSS MAIL SVCS ACCT, 250.00
TOTAL PREPAIDS .00
TOTAL VOUCHERS 250.00
TOTAL DUE VENDOR 250.00
VALERIE FUN
001-34740-- 3166Q RECREATION REFUND 54.00
TOTAL PREPAIDS .00
TOTAL VOUCHERS 54.00
TOTAL DUE VENDOR 54.00
PURKISS ROSE -RSI
001-23010-- 1=:13/1341 PROF.SVCS-DLVRY FPL98-17 64.64
ia01-23010-- 1313/1=:41 PROF.SVCc - FPL 98-017 600.00
001-23010-- 1174 PROF SVCS - FPL 98-49 900.00
TOTAL PREPAIDS .00
TOTAL VOUCHERS 1,564.64
TOTAL DUE VENDOR 1,564.64
CITY OF DIAMOND BAR
RUN DATE: 07/01/1999 08:23:03
VOUCHER REGISTER
PAGE: 18
DUE THRU: 07/06/1999
PREPAID
FUND/SECT-ACCT-PROJECT-ACCT
PO #
INVOICE DESCRIPTION AMOUNT
DATE CHECK
R & D BLUEPRINT
2505510-46411-13298-46411
880::
4:167 SPCFICATNS-GS REHAB PRJCT
422.43
2`05310-46415-11298-46415
3856.
422:3 PRNTNG SVCS-LORBR LGHTNG
127.35
2505310-46415-11298-46415
C6892
42323 PRNTNG SVCS-LGHTNG PLANS
313.83;
TOTAL PREPAIDS
,00
TOTAL VOUCHERS
863.61
TOTAL DUE VENDOR
863.61
RAGING WATERS
0015350-453101--
8867
10544 DAY CAMP EXCRSN-6/16199
489.62
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
489.62
TOTAL DUE VENDOR
489.62
CATHY RAHDER
001-34780--
31236 RECREATION REFUND
18.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
18.00
TOTAL DUE VENDOR
18.00
RALPHS GROCERY COMPANY
0014090-42325--
42220 MTG SPPLS-TRAVELERS 6/16
38.24
0014090-42325--
37121 MTG SPPPLS-TOWN HLL 615
6.22
0015310-42130--
6314757 RENTAL -CARPET CLEANER
41.11
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
85.57
TOTAL DUE VENDOR
85.57
REINBERGER PRINTWERKS INC
0014<50-4:110--
8328
9735 PRTNG SVCS-PRCHSE ORDERS
466.28
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
466.28
TOTAL DUE VENDOR
466.28
REMEDY
00146!00-44000--
8686
183605 TEMP SVCS -RECEPTIONIST
214.24
0014090-44000--
86,86
179592 TEMP SVCS -RECEPTIONIST
428.48
TOTAL PREPAID5
.00
TOTAL VOUCHERS
642,72
TOTAL DUE VENDOR
642.72
FRANCES RIZZO
(n)1-:34730--
49690 REFND SR. EXCRSN-6/30/04
32.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
32,0{)
TOTAL DUE VENDOR
32.00
SAWS (MOBIL
i1Y 13 -42310--
956:9 FUEL -CITY MANAGER
227.68
0015210-42:10--
FUEL -COMMUNITY DEV
163.63
0015310-42_10--
9`69 FUEL -COMMUNITY SVCS
131.49
TOTAL PREPAIDS
.00
TOTAL VOUCHER:
572.80
TOTAL DUE VENDOR
522.80
CITY OF DIAMOND BAR
RUN DATE. 07/01/1999 08:23:03
VOUCHER REGISTER
PAGE: 19
DUE THRU. 07/06/1999
PREPAID
FUND/SECT-ACCT-PROJECT-ACCT
PO 4
INVOICE DESCRIPTION AMOUNT DATE CHECK
SAN GABRIEL VALLEY COUNCIL OF GOVTS
015551-42325--
CONF 6/28-PBLC WKS/ENG
15.00 06/30/1999 35451
TOTAL PREPAIDS
t5.0
TOTAL VOUCHERS
.0
TOTAL DUE VENDOR
15.00
SAN GABRIEL VALLEY TRIBUNE
001-23010--
13353 LEGAL AD - FPL 98-51
146.16
001-23010--
8394 LEGAL AD - FPL 99-04
132.48
TOTAL PREPAIDS
.0
TOTAL VOUCHERS
278.64
TOTAL DUE VENDOR
278.64
SCAN NATOA
014030-42330--
PUC SMINR-6124-25-FRITZAL
25.00 06/30/1999 35436
TOTAL PREPAIDS
25.00
TOTAL VOUCHERS
.0
TOTAL DUE VENDOR
25.00
SGV ECONOMIC PRTRSHP OF COMM & CITY
0014090-42315--
99/00 ANNL MEMBRSHP 1NVST
7,500.0
TOTAL PREPAIDS
•00
TOTAL VOUCHERS
7,500.00
TOTAL DUE VENDOR
7,500.00
SHEPPARD, MULLIN, RICHTER & HAMPTON
0014020-44021--
8672
XRS690320183 SPEC LEGAL SVCS-LANTERMAN
50,00.00 06/30/1999 35445
TOTAL PREPAIDS
50,000.00
TOTAL VOUCHERS
.00
TOTAL DUE VENDOR
50,000.00
SHOUT
0015350-45305--
CONCERT IN PARK - 7/14/99
800.0
TOTAL FREFAIDS
.00
TOTAL VOUCHERS
800.00
TOTAL DUE VENDOR
800.00
SMART ;;. FINAL
1255215-41'20'
7522
712170./:"60 SR SUPPLIES
7.76
0015:14-42210--
7522
712170/360 SPPLS-HERITAGE PARK
52.69
1255215-41200--
288927 SUPPLIES FOR SENIORS
100.04
0015:350-41200--
75212
712170/360 SPPLS-EXCURSION
33.45
TOTAL PREPAIDS
.061
TOTAL VOUCHERS
193.94
TOTAL DUE VENDOR
193.94
SO CA ASSN 3F GOVERNMENTS
0014090-42315--
20042 99/00 MEMBERSHIP DUES
3,516.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
3,516.00
TOTAL DUE VENDOR
31,516.00
CITY OF DIAMOND BAR
RUN DATE: 07/01/1999 08:2303
VOUCHER REGISTER
PAGE: 20
DUE THRU: 07/06/1999
PREPAID
FUND/SECT-ACCT-PROJECT-ACCT
PO #
INVOICE DESCRIPTION AMOUNT
DATE CHECK
SOUTHERN CALIFORNIA GAS COMPANY
0015314-4212k--
GAS SVCS -HERITAGE PRK COM
75.10
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
75.10
TOTAL DUE VENDOR
75.10
BETTY SOUZA
001-23002--
49701 REFND SCRTY DEP-SYCAMORE
50.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
50.00
TOTAL DUE VENDOR
50.00
STAGE TECH
0015150-46250--
8755
4428 PORTABLE STAGE
9,370.65 06/30/1999 35437
TOTAL PREPAIDS
9,370.65
TOTAL VOUCHERS
.00
TOTAL DUE VENDOR
9,370.65
STANDARD INSURANCE OF OREGAN
JUNE JUNE -LIFE INS PREM
51371.00 06/30/1999 35435
001-21106--
001-21106--
JUNE JUNE-SUPPL LIFE INS PREMS
228.50 06/30/1999 35435
TOTAL PREPAIDS
741.50
TOTAL VOUCHERS
.00
TOTAL DUE VENDOR
741.50
STEVEN ENITERPRISE-1
0014170-41200}--
80124
6289 COMP SPPLS-PUBLIC WITS
81.34
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
81••''4
TOTAL DUE VENDOR
U1•34
RITA STITH
0si1-34730--
4933`_• REFND JULIAN EXCURSION
17.00
01:11-34720--
49835 REFND CATALINA EXCRSN
57.00
001-34720--
498:_5 LESS CANCEL FEE
5.00
iC 1-_472+;--
49835 REFND OAK GLEN EXCkSN
28•00
TOTAL PREPAIDS
•00
TOTAL VOUCHERS
`'7.00
TOTAL DUE VENDOR
97.00
SUBWAY
001740 0-42325--
8761
MTG SPPL-CCTF6/14,CNL6/15
25.94
0014090-42325--
8761
MTG SPPL-CCTF6Y9,LNTRM6/2
24.92
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
50.86
TOTAL DUE VENDOR
50.86
SHARI TEAGUE
001-34740--
31353 RECREATION REFUND
59.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
59.00
TOTAL DUE VENDOR
59.00
CITY OF DIAMOND BAR
RUN DATE: 07/01/1999 08:23:03
VOUCHER REGISTER
PAGE: 21
DUE THRU: 07/06/1999
PREPAID
FUND/SECT-ACCT-PROJECT-ACCT
PO #
INVOICE DESCRIPTION
AMOUNT DATE CHECK
TELSTAR SYSTEMS
0014050-44030--
8834
10111 INSTLL MODEM LN -FINANCE
146.33
TOTAL PREPAIDS
.00
TOTAL VOUCHER
146.3
TOTAL DUE VENDOR
146.3=;
THE ROTH GROUP
2505215-46420-13898-46420
8446:
99127 PROF SVCS -CC TASK. FORCE
9,351.50
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
9,351.50
TOTAL DUE VENDOR
9,3511.50
THE WEEKLY WALNUT -DIAMOND BAF;
0014096-4115--
8743
311 ADVT"a T-Y<k:: TWN HLL MTG
150.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
150.00
TOTAL DUE VENDOR
180.00
TOWNE CENTRE TRAVEL
0014040-42330--
CCCB MTG-6/25 C CLRK.
199.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
199.00
TOTAL DUE VENDOR
199.00
UNITED STATES POSTAL SERVICE
0014090-42120--
REPLENISH POSTAGE METER
1,000.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
1,000.0{?
TOTAL DUE VENDOR
1,000.00
VISION SERVICE ELAN
001-21107--
JUNE JUNE -VISION PREMIUMS
995.00 06.30/1999 35429
TOTAL PREPAIDS
995.00
TOTAL VOUCHERS
00
TOTAL IUE VENDOR
995.00
KAREN WALIA
001-34730--
31_57 RECREATION REFUND
35.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
35.00
TOTAL DUE VENDOR
35.00
WALNUT VALLEY WATER DISTRICT
10,;0,5538-42126--
WATER SVCS-DIST 38 MAY
425.13
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
425.13
TOTAL DUE VENDOR
425.13
RUN DATE: 07/01/1999 08:23:03 CITY OF DIAMOND BAR
VOUCHER REGISTER PAGE: 22
DUE THRU: 07/06/1999
FUND/SECT-ACCT-PROJECT-ACCT
WARREN SIECKE
Z)05510-46412-14499-46412
2505510-46412-14299-46412
2505510-46412-14399-46412
2505510-46412-14399-46412
2505510-46412-14499-46412
1185098-45500--
2505510-4641-14599-4c:41'
2505510 -46412 -1429? -4>412
2505510-46412-14599-46412
1185098-45500--
RON WATTS
001 -34740 --
WEST COAST ARBORISTS INC
0015558 -45509 --
PAUL WRIGHT
0014090 -44000 --
0014090 -44000 --
XEROX CORPORATION
0i? 14090-41200--
0014090-42200--
0014090-4'2200--
PO # INVOICE DESCRIPTION
.1780 RECREATION REFUND
TOTAL PREPAIDS
TOTAL VOUCHERS
TOTAL DUE VENDOR
8485 15541 TREE MAINT SVCS -5/31/99
TOTAL PREPAIDS
TOTAL VOUCHERS
TOTAL DUE VENDOR
7584 A/V SVCS-T/DUPE/1,5 TD6/5
=841 A/V SVCS-PLN-5/25,CNL6/1
TOTAL PREPAIDS
TOTAL VOUCHERS
TOTAL DUE VENDOR
AMOUNT
PREPAID
DATE CHECK
120.37
120.38
120.3V
120.38
120.37
599.00
120.37
120.38
120.37
222.00
.00
1,784.00
1,784.00
59.00
.00
59.00
59.00
100.00
.00
100.00
100.00
251.50 06/30/1999 35445
501.00 06/30/1999 35445
752.50
.00
752.50
8V'3' 169043934 STAPLE CRTRDGE-XEROX COPR 148.30
7474 069115:397/8 MAINT/COPY SVCS -MAY r.7.22115
7474 0691153a7/: MAINT/COPY SVCS -MAY
myJ K7
TOTAL r Oryr
TOTAL PREPAIGS 0
TOTAL VOUCHERS
TOTAL DUE VENDOR 802.80
REPORT TOTAL PREPAIDS
REPORT TOTAL VOUCHERS
REPORT TOTAL
240,969.15
1,017,205.15
1,258,174.30
4284
PROF.SVCS-LEMON/LYCOMING
4284
PROF.SVCS-BCR/SILVER: BLLT
4284
PROF.SV'CS-DB/NB 5!
A8388
4284
PROF.SVCS-SB/NB 57
A8388
4284
PROF.SVCS-LEMDN/LYCOMING
8557
4306
PROF.SVCS-CONGSTN MNGMNT
42484
PROF.SVCS-GS/RAPIDVIEW
A8388
4284
PROF.SVCS-BCR/SILVER BLLT
A&3188
4284
PROF.SVCS-GS/RAPIDVIEW
8557
4286
CONGESTN MGT PLAN
TOTAL
PREPAIDS
TOTAL
VOUCHERS
TO -AL
DUE VENDOR
.1780 RECREATION REFUND
TOTAL PREPAIDS
TOTAL VOUCHERS
TOTAL DUE VENDOR
8485 15541 TREE MAINT SVCS -5/31/99
TOTAL PREPAIDS
TOTAL VOUCHERS
TOTAL DUE VENDOR
7584 A/V SVCS-T/DUPE/1,5 TD6/5
=841 A/V SVCS-PLN-5/25,CNL6/1
TOTAL PREPAIDS
TOTAL VOUCHERS
TOTAL DUE VENDOR
AMOUNT
PREPAID
DATE CHECK
120.37
120.38
120.3V
120.38
120.37
599.00
120.37
120.38
120.37
222.00
.00
1,784.00
1,784.00
59.00
.00
59.00
59.00
100.00
.00
100.00
100.00
251.50 06/30/1999 35445
501.00 06/30/1999 35445
752.50
.00
752.50
8V'3' 169043934 STAPLE CRTRDGE-XEROX COPR 148.30
7474 069115:397/8 MAINT/COPY SVCS -MAY r.7.22115
7474 0691153a7/: MAINT/COPY SVCS -MAY
myJ K7
TOTAL r Oryr
TOTAL PREPAIGS 0
TOTAL VOUCHERS
TOTAL DUE VENDOR 802.80
REPORT TOTAL PREPAIDS
REPORT TOTAL VOUCHERS
REPORT TOTAL
240,969.15
1,017,205.15
1,258,174.30
CITY OF uu%mOIru op%n
AGENDA REPORT
AGENDA N0. k/
TO: Terrence L. Belanger, City Manager
MEETING DATE: July 6,1999 4-�\ REPORT DATE: Jun 20,1999
FROM: Linda G. Magnusonf finance Director
TITLE:
Treasurer's Report — May 31, 1999
SUMMARY:
Submitted for the City Council's review and approval is the Treasurer's Statement for the month of May 1999.
RECOMMENDATION:
Review and approve.
LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification
_ Resolution(s) _ Bid Specification (on file in City
Clerk's office)
Ordinance(s) _ Other:
Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been reviewed
_ Yes
_ No
by the City Attorney?
2. Does the report require a majority vote?
_ Yes
_ No
3. Has environmental impact been assessed? N/A
_ Yes
_ No
4. Has the report been reviewed by a Commission? N/A
Yes
No
Which Commission?
_
_
5. Are other departments affected by the report? N/A
_ Yes
No
Report discussed with the following affected departments:
_
REVIEWED Y:
(,1-7bJx41qzt4---,
Terr nce L. Belanger
City Manager
DEPARTMENT HEAD:
Linda G. Magnus n
Finance Director
CITY COUNCIL REPORT
MEETING DATE: July 6, 1999
AGENDA NO.
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Treasurer's Statement — May 31, 1999
ISSUE STATEMENT:
Per City policy, the Finance Department presents the monthly Treasurer's Statement for the City
Council's review and approval.
RECOMMENDATION:
Approve the May 1999, Treasurer's Statement.
FINANCIAL SUMMARY:
No fiscal impact.
BACKGROUND:
Submitted for the Council's review and approval is the Treasurer's Statement for the month of May
1999. This statement shows the cash balances for the various funds, with a breakdown of bank
account balances, investment account balances and the effective yield earned from investments.
PREPARED BY:
Linda G. Magnuson
TREASURER'S MONTHLY CASH STATEMENT
May 31,1999
INVESTMENTS:
US TREASURY Money Market Acct. $920,262.92
LOCAL AGENCY INVESTMENT FD 24,195,032.50
TOTAL INVESTMENTS $25,115,295.42
TOTAL CASH
$25,251,182.18
Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. All funds are available for withdrawal
within 24 hours. Investment in the Local Agency Investment Fund is allowed under the City's formally adopted investment policy.
As a secondary investment option, the City continues to maintain the US Treasury Sweep Account with Wells Fargo. Any
excess funds are 'swept on a daily basis from the City's bank accounts and are invested overnight into an investment pool
of US Treasury Notes. Interest is credited to the Chys bank account on a monthly basis.
L.A.I.F - Effective Yield for May 1999 5.086%
Money Market -Effective Yield for April 1999 4.285%
All investments are placed in accordance with the City of Diamond Bar's Investment Policy.
The above summary provides sufficient cash flow liquidity to meet the next six month's
esti ted expenditures.
Terrence L. Belanger, Treasurer
BEGINNING
TRANSFERS
ENDING
BALANCE
RECEIPTS
DISBURSEMENTS IN (OUTI
BALANCE
GENERAL FUND
$12,405,639.71
$1,753,318.80
$1,509,234.21
$12,649,724.30
LIBRARY SERVICES FUND
106,956.72
2,175.76
104,780.96
COMMUNITY ORG SUPPORT FD
(7,085.46)
2,250.00
(9,335.46)
GAS TAX FUND
3,355,077.62
3,355,077.62
TRANSIT TX (PROP A) FD
1,929,022.56
129,668.83
69,257.17
1,989,434.22
TRANSIT TX (PROP C) FD
2,254,914.68
2254,914.68
INTEGRATED WASTE MGT FD
186,263.24
16,524.60
7,645.70
195,142.14
AIR QUALITY IMPRVMNT FD
168,395.09
321.69
168,073.40
TRAILS & BIKEWAYS FD (SB 821)
30,444.38
30,444.38
PARK FEES FUND
177,163.69
177,163.69
S PARKS GRANT (PRP A) FD
1.36
1.36
FACILITIES & PARK DEVEL. FD
1,413,469.49
1,413,469.49
COM DEV BLOCK GRANT FD
(60,437.17)
4,933.33
(65,370.50)
CITIZENS OPT -PUBLIC SAFETY FD
331,536.51
3,166.67
328,369•84
NARCOTICS ASSET SEIZURE FD
322,213.62
322,213.62
LANDSCAPE DIST M38 FD
575,183.82
30,332.41
6,893.91
598,622.32
LANDSCAPE DIST #39 FD
196,430.08
18,365.29
5,749.20
211,046.17
LANDSCAPE DIST #41 FD
325,994.71
15,159.61
9,596.74
331,557.58
GRAND AV CONST FUND
139,130.78
139,130.78
CAP IMPROVEMENT PRJ FD
155,022.32
46,573.90
106,448.42
SELF INSURANCE FUND
948,27317
948273.17
TOTALS
$24 955 610.92
$1,963,N9.54
$1,887,798.28 $0.00
125,251,182.18
SUMMARY OF CASH:
DEMAND DEPOSITS:
GENERAL ACCOUNT
$135,243.56
PAYROLL ACCOUNT
(106.80)
CHANGE FUND
250.00
PETTY CASH ACCOUNT
500.00
TOTAL DEMAND DEPOSITS
$135,B86.76
INVESTMENTS:
US TREASURY Money Market Acct. $920,262.92
LOCAL AGENCY INVESTMENT FD 24,195,032.50
TOTAL INVESTMENTS $25,115,295.42
TOTAL CASH
$25,251,182.18
Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. All funds are available for withdrawal
within 24 hours. Investment in the Local Agency Investment Fund is allowed under the City's formally adopted investment policy.
As a secondary investment option, the City continues to maintain the US Treasury Sweep Account with Wells Fargo. Any
excess funds are 'swept on a daily basis from the City's bank accounts and are invested overnight into an investment pool
of US Treasury Notes. Interest is credited to the Chys bank account on a monthly basis.
L.A.I.F - Effective Yield for May 1999 5.086%
Money Market -Effective Yield for April 1999 4.285%
All investments are placed in accordance with the City of Diamond Bar's Investment Policy.
The above summary provides sufficient cash flow liquidity to meet the next six month's
esti ted expenditures.
Terrence L. Belanger, Treasurer
6--7
MEMORANDUM
TO: Honorable Mayor and Members of the City Council
VIA: Terrence L. Belanger, City Managa13--e 'f'
FROM: Linda G. Magnuson[, Finance Director
DATE: July 6, 1999
SUBJECT: Advance and Reimbursement Agreement Number 14
Recommendation:
It is recommended that the City Council adopt a resolution approving Advance and
Reimbursement Agreement Number 14, with the Diamond Bar Redevelopment Agency, in the
amount of $15,500.
Discussion:
In September 1996, the Redevelopment Agency proceeded with a redevelopment plan adoption
process for the Diamond Bar Economic Revitalization Area. Included within this project area is
Lemon Avenue between Golden Springs and the northerly city limit. The $15,500 requested in
this Advance and Reimbursement Agreement #14 will be used to fund the design of landscape and
irrigation improvements for the medians located along this section of Lemon Avenue.
RESOLUTION NO.
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
The City Council of the City of Diamond Bar hereby finds, determines, resolves
and orders as follows:
SECTION 1. The Advance and Reimbursement Agreement Number 14 for
Administrative and Overhead Expenses, attached here to as Exhibit "A", is hereby approved. The
mayor is hereby authorized and directed to execute such Advance and Reimbursement Agreement
Number 14 for and on behalf of the City.
PASSED, APPROVED AND ADOPTED this day of 11999.
Mayor
I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing
Resolution was passed, adopted and approved at a regular meeting of the City Council of the City
of Diamond Bar held on the day of , 1999, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST:
Lynda Burgess, City Clerk
City of Diamond Bar
CITY OF DIAMOND BAR
AGENDA REPORT
AGENDA NO. &- e 19
TO: Terrence L. Belanger, City Manager
MEETING DATE: July 6, 1999 REPORT DATE: June 28, 1999
FROM: Bob Rose, Community Services Director
TITLE: Award of Contract for Installation of Ballfield Lights at Lorbeer Middle School.
SUMMARY: The City Council adopted Resolution No. 99-11 approving the plans and specifications for the
installation of ballfield lights at Lorbeer Middle School and authorizing the City Clerk to advertise to receive
bids. There were 11 contractors who purchased bid packages and seven of those contractors submitted bids
for this project. The bids were opened and publicly read on Wednesday, June 30, 1999. Bid prices ranged
from a low of $163,437 to a high of $219,210. The Engineer's Estimate for this project is $167,300. The
lowest responsible bid was submitted by D&J Foothill Electrical Contractors, Inc., in the amount of $163,437.
The status of their state contractor's license was checked with the State Department of Consumer Affairs and
the license is active and clear. References have been checked and D&J Foothill Electrical Contractors, Inc.
is recommended as an excellent contractor for this project,
RECOMMENDED ACTION: It is recommended that the City Council award the contract for the 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.
LIST OF ATTACHMENTS: X Staff Report
Resolution(s)
_ Ordinance(s)
X Agreement(s)
_ Public Hearing Notification
_ Bid Specifications (on file in City Clerks office)
X Other: Bid Results
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
1, Has the resolution, ordinance or agreement been
reviewed by the City Attorney?
X Yes _
No
2. Does the report require a majority vote?
X Yes _
No
3. Has environmental impact been assessed?
_ Yes X
No
4. Has the report been reviewed by a Commission?
_ Yes X
No
What Commission?
5. Are other departments affected by the report?
X Yes _
No
Report discussed with the following affected departments: Public Works
REVIEWED BY:
k0ge-fore
Terrence L. Belanger
City Manager
James DeStefano
Deputy City Manager
B4u---
ob We
Community Services Director
CITY COUNCIL REPORT
MEETING DATE: July 6, 1999
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Award of Contract for the Installation of Ballfield Lights at Lorbeer Middle
School
Issue Statement
The City requires a qualified contractor to install the ballfield lights at Lorbeer Middle School
Recommendation
It is recommended that the City Council award the contract for the installation of ballfield lights at Lorbeer
Middle School to D&J Foothill Electrical Contractors, Inc. in the amount of $163,437, plus a contingency of
$16,340 (10%), for a toal authorization of $179,777.
Financial Summary
The Lorbeer Middle School ballfield lighting project is funded with Quimby funds in the amount of $205,000
and Park Development Funds in the amount of $15,000. The total available funding for this project is
$220,000. Construction costs are estimated at a maximum of $179,777 with inspection costs of $3,550. The
total costs for the ballfield lighting installation project should not exceed $183,327, well within the funds
authorized in the 1999/2000 Fiscal Year budget.
Background
The City of Diamond Bar has a contract with the Pomona Unified School District for the City to install ballfield
lights at Lorbeer Middle School.
At its meeting on March 2, 1999, the City Council approved Resolution No. 99-11 approving the plans and
specifications for the construction of this lighting project and authorizing the City Clerk to advertise to
receive bids, 11 contractors purchased the bid package and seven of those contractors submitted bids.
The bids were opened and publicly read on June 30. Bid prices ranged from $163,437 to $219,210. One
bid was deemed non-responsive, The Engineer's Estimate for this project is $167,300. The lowest
responsible bid was submitted by D&J Foothill Electrical Contractors, Inc. in the amount of $163,437.
The status of their state contractor's license was checked with the State Department of Consumer Affairs
and the license is active and clear. References have been checked and this contractor is recommended
as an excellent contractor for this project.
City Council Report
Lorbeer Middle School Lighting Installation
Meeting Date: July 6, 1999
Page 2
This lighting project will result in a four pole lighting system on the football field at Lorbeer Middle School.
When it is completed, Diamond Bar based youth and adult sports organizations will have more time
available for practices and games. The lights will provide up to five hours of additional time per day for
play.
The project is scheduled to be completed by the end of daylight savings time in October, 1999.
Prepared by:
Bob Rose
Community Services Director
AGREEMENT
The following agreement is made and entered into, in duplicate, as of the date executed by
the Mayor and attested to by the City Clerk, by and between D&J Foothill Electrical
Contractors, 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
D&J Foothill Electrical Contractors, Inc. and;
WHEREAS, City has authorized the Mayor to execute a written contract with
CONTRACTOR for furnishing labor, equipment and material for the Installation of Ballfield
Lights at Lorbeer Middle School.
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 Installation of
Ballfield Lights at Lorbeer Middle School.
The work to be performed in accordance with the plans and specifications, dated
March, 1999 on file in the office of the City Clerk and in accordance with bid prices
hereinafter mentioned and in accordance with the instructions of the City Engineer.
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 30, 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 90 calendar days
from the date of the notice to proceed.
City of Diamond Bar Page 1 Agreement for Construction of
Lighting at Lorbeer Middle School
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; $
City of Diamond Bar Page 2 Agreement for Construction of
Lighting at Lorbeer Middle School
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 insured in the
policy of insurance provided for in paragraph b. by reason of any claim
arising out of or connected with the operations of CONTRACTOR or any
subcontractor in performing the work provided for herein;
2) Provides it shall not be canceled or altered without thirty (30) days'
written notice thereof given to City by registered mail.
e. The CONTRACTOR shall, within ten (1 0) days from the date of the notice of
City of Diamond Bar Page 3 Agreement for Construction of
Lighting at Lorbeer Middle School
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 I and 2, the
CONTRACTOR is required to pay not less than the general prevailing rate of per diem
wages for work of a similar character in the locality in which the public works is
performed, and not less than the general prevailing rate of per diem wages for holiday
and overtime work. In that regard, the Director of the Department of Industrial
Relations of the State of California is required to and has determined such general
prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages
are on file in the Office of the City Clerk of the City of Diamond Bar, Suite 100, 21660
E. Copley Drive, Diamond Bar, California, and are available to any interested party on
request. City also shall cause a copy of such determinations to be posted at the job
site. The CONTRACTOR shall forfeit, as penalty to City, not more than fifty dollars
($50.00) for each laborer, workman or mechanic employed for each calendar day or
portion thereof, if such laborer, workman or mechanic is paid less than the general
prevailing rate of wages hereinbefore stipulated for any work done under this
Agreement, by him or by any subcontractor under him.
6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section
1777.5 of the Labor Code, and in accordance with the regulations of the California
Apprenticeship Council, properly indentured apprentices may be employed in the
performance of the work.
The CONTRACTOR is required to make contribution to funds established for the
administrative of apprenticeship programs if he employs registered apprentices or journeymen
in any apprenticeable trade on such contracts and if other CONTRACTORS on the public
works site are making such contributions.
The CONTRACTOR and subcontractor under him shall comply with the requirements
of Sections 1777.5 and 1777.6 in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules and other
requirements may be obtained from the Director of Industrial Relations, ex -officio the
Administrator of Apprenticeship, San Francisco, California or from the Division of
Apprenticeship Standards and its branch offices.
7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's
work for all workmen employed in the execution of this contract, and the CONTRACTOR and
any sub -contractor under him shall comply with and be governed by the laws of the State of
California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article
City of Diamond Bar Page 4 Agreement for Construction of
Lighting at Lorbeer Middle School
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 ("Indemnitees") shall not be answerable or accountable in any manner for any
loss or damage that may happen to the work or any part thereof, or for any of the materials or
other things used or employed in performing the work, or for injury or damage to any person
or persons, either workmen or employees of the CONTRACTOR, of his subcontractor's or the
public, or for damage to adjoining or other property from any cause whatsoever arising out
of or in connection with the performance of the work. The CONTRACTOR shall be
responsible for any damage or injury to any person or property resulting from defects or
obstructions or from any cause whatsoever.
The CONTRACTOR will indemnify Indemnitees against and will hold and save
Indemnitees harmless from any and all actions, claims, damages to persons or property,
penalties, obligations or liabilities that may be asserted or claimed 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 Indemnities 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 Indemnities harmless therefrom.
C. In the event Indemnities are made a party to any action or proceeding filed or
prosecuted against the CONTRACTOR for damages or other claims arising out
of or in connection with the work, operation or activities hereunder, the
CONTRACTOR agrees to pay to Indemnities and any all costs and expenses
City of Diamond Bar Page 5 Agreement for Construction of
Lighting at Lorbeer Middle School
incurred by Indemnities in such action or proceeding together with reasonable
attorneys' fees.
So much of the money due to the CONTRACTOR under and by virtue of the contract
as shall be considered necessary by City may be retained by City until disposition has been
made of such actions or claims for damages as aforesaid.
This indemnity provision shall survive the termination of the Agreement and is in
addition to any other rights or remedies which Indemnities may have under the law.
This indemnity is effective without reference to the existence or applicability of any
insurance coverages which may have been required under this Agreement or any additional
insured endorsements which may extend to Indemnities.
CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby
waives all rights of subrogation and contribution against the Indemnities, while acting within
the scope of their duties, from all claims, losses and liabilities arising our of or incident to
activities or operations performed by or on behalf of the Indemnitor regardless of any prior,
concurrent, or subsequent active or passive negligence by the Indemnities.
10. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no
discrimination shall be made in the employment of persons in the work contemplated by this
Agreement because of the race, color or religion of such person. A violation of this section
exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735.
11. CONTRACT PRICE AND PAYMENT: City shall pay to the CONTRACTOR for
furnishing all material and doing the prescribed work the unit prices set forth in the Price
Schedule in accordance with CONTRACTOR'S Proposal dated June 30, 1999.
12. ATTORNEY'S FEES: In the event that any action or proceeding is brought by
either parry 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.
City of Diamond Bar Page 6 Agreement for Construction of
Lighting at Lorbeer Middle School
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.
By:
Date
TITLE
CITY OF DIAMOND BAR, CALIFORNIA
is
Date
ATTEST:
By:
Date
CONTRACTOR'S Business Phone:
Emergency Phone at which CONTRACTOR
can be reached at any time:
APPROVED AS TO FORM:
CITY ATTORNEY
Date
MAYOR
CITY CLERK
City of Diamond Bar Page 7 Agreement for Construction of
Lighting at Lorbeer Middle School
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CITY OF DIAMOND BAR
AGENDA REPORT
AGENDA N0. 43
TO: Terrence L, Belanger, City Manager
MEETING DATE: July 6, 1999 REPORT DATE: June 28, 1999
FROM: Bob Rose, Community Services Director
TITLE: Award of Contract for Construction Inspection Services for the Lorbeer Middle School Ballfield Lights
Installation Project.
SUMMARY: If the City Council awards a public works contract for the Lorbeer Middle School ballfield lights
installation project (also on the agenda for this City Council meeting), then it will be necessary to secure the
services of an inspector. D&J Engineering is currently under contract with the City of Diamond Bar as the
provider of these services. Since D&J Engineering currently has a contract with the City that exceeds $10,000,
it is necessary for the City Council to approve this contract. D&J Engineering was also the inspector for the
Peterson Park ballfield light installation project, and did an excellent job.
RECOMMENDED ACTION: It is recommended that the City Council award a contract for inspection services
for the Lorbeer Middle School ballfield lighting 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.
LIST OF ATTACHMENTS: X Staff Report
_ Resolution(s)
_ Ordinance(s)
X Agreement(s)
_ Public Hearing Notification
_ Bid Specifications (on file in City Clerks office)
X Other: Proposal for Inspection Services
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been
No
reviewed by the City Attorney?
X Yes _
2. Does the report require a majority vote?
X Yes _ No
3. Has environmental impact been assessed?
— Yes X No
4. Has the report been reviewed by a Commission?
_ Yes X No
What Commission?
5. Are other departments affected by the report?
X Yes _ No
Report discussed with the following affected departments:
Public Works
REVIEWED BY:
Terrence L. Belanger
City Manager
James DeStefano
Deputy City Manager
Bob Rose
Community Services Director
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into this 4th day of January.
1994, between the City of Diamond Bar, a Municipal Corporation
(hereinafter referred to as "CITY") and D & J Engineerincr.
(hereinafter referred to as "CONSULTANT").
A. Recitals.
(i) CITY has heretofore issued its Request for Proposal
pertaining to the performance of professional services with respect
to Building & Safety Services ("Project" hereafter) and by this
reference made a part hereof.
(ii) CONSULTANT has now submitted its proposal for the
performance of such services, a full, true and correct copy of
which is attached hereto as Exhibit "A" and "B" and by this
reference made a part hereof.
(iii) CITY desires to retain CONSULTANT to perform
professional services necessary to render advice and assistance to
CITY, CITY's City Council and staff on an as -needed basis.
(iv) CONSULTANT represents that it is qualified to
perform such services and is willing to perform such professional
services as hereinafter defined.
NOW, THEREFORE, it is agreed by and between CITY and
CONSULTANT as follows:
1
B. Agreement.
1. Definitions: The following definitions shall apply
to the following terms, except where the context of this Agreement
otherwise requires:
(a) Project: The performance of professional
services with respect to the administration of the City's Building
& Safety Services described in Exhibit "A" hereto and by this
reference made a part hereof.
(b) Services: Such professional services as
described in Exhibit "B" hereto including, but not limited to, the
preparation of procedures, studies, surveys, reports, plans, and
other documents, the presentation, both oral and in writing, of
such procedures, studies, surveys, reports, plans, and other
documents to CITY as required and attendance at any and all work
sessions, public hearings and other meetings conducted by CITY with
respect to the Project, except as may be otherwise limited in
Exhibit "B".
(c) Completion of Project: The date of completion
of all phases of the Project, including any and all procedures,
development plans, maps, surveys, plan documents, technical
reports, meetings, oral presentations and attendance by CONSULTANT
at public hearings regarding the adoption of project as set forth
in Exhibit "A" and "B" hereto.
2. CONSULTANT agrees as follows:
(a) CONSULTANT shall forthwith undertake and
complete the project in accordance with Exhibit "A" and "B" hereto
and all in accordance with Federal, State and CITY statues,
2
regulations, ordinances and guidelines, and professional standards,
all to the reasonable satisfaction of CITY.
(b) CONSULTANT shall supply copies of all maps,
surveys, reports, plans and documents (hereinafter collectively
referred to as "documents") including all supplemental technical
documents, as described in Exhibits "A" and "B" to CITY within the
time specified in Schedule of work in Exhibit "A". Copies of the
documents shall be in such numbers as are required by Exhibit "A".
CITY may thereafter review and forward to CONSULTANT comments
regarding said documents and CONSULTANT shall thereafter make such
revisions to said documents as are deemed necessary. CITY shall
receive revised documents in such form and in the quantities
determined necessary by CITY. The time limits set forth pursuant
to this Section B2. (b) may be extended upon written approval of
CITY.
(c) CONSULTANT shall, at CONSULTANT's sole cost and
expense, secure and hire such other persons as may, in the opinion
of CONSULTANT, be necessary to comply with the terms of this
Agreement. In the event any such other persons are retained by
CONSULTANT, CONSULTANT hereby warrants that such persons shall be
fully qualified to perform services required hereunder. CONSULTANT
further agrees that no subcontractor shall be retained by
CONSULTANT except upon the prior written approval of CITY.
3. CITY agrees as follows:
(a) To pay CONSULTANT a maximum sum of per Exhibit
"A" for the performance of the services required hereunder. This
sum shall cover the cost of all staff time and all other direct and
3
indirect costs or fees, including the work of employees,
consultants and subcontractors to CONSULTANT. Payment to
CONSULTANT, by CITY, shall be made in accordance with the schedule
set forth below.
(b) Payments to CONSULTANT shall be made by CITY in
accordance with the invoices submitted by CONSULTANT, on a monthly
basis, and such invoices shall be paid within a reasonable time
after said invoices are received by CITY. All charges shall be in
accordance with CONSULTANT's proposal either with respect to hourly
rates or lump sum amounts for individual tasks.
(c) CONSULTANT agrees that, in no event, shall CITY
be required to pay to CONSULTANT any sum in excess of 95% of the
maximum payable hereunder prior to receipt by CITY of all final
documents, together with all supplemental technical documents, as
described herein acceptable in form and content to CITY. Final
payment shall be made not later than 60 days after presentation of
final documents and acceptance thereof by CITY.
(d) Additional services: Payments for additional
services requested, in writing, by CITY, and not included in
CONSULTANT's proposal as set forth in Exhibit "B" hereof, shall be
paid on a time -and -materials reimbursement basis in accordance with
the fee schedule set forth in said Exhibit "B". Charges for
additional services shall be invoiced on a monthly basis and shall
be paid by CITY within a reasonable time after said invoices are
received by CITY.
4
4. CITY agrees tQ provide t2 CONSULTANT•
(a) Information and assistance as set forth in
Exhibit "A" and "B" hereto.
(b) Photographically reproducible copies of maps
and other information, if available, which CONSULTANT considers
necessary in order to complete the Project.
(c) Such information as is generally available from
CITY files applicable to the Project.
(d) Assistance, if necessary, in obtaining
information from other governmental agencies and/or private
parties. However, it shall be CONSULTANT's responsibility to make
all initial contact with respect to the gathering of such
information.
5. Ownership of Documents: All documents, data,
studies, surveys, drawings, maps, models, photographs and reports
prepared by CONSULTANT pursuant to this Agreement shall be
considered the property of CITY and, upon payment for services
performed by CONSULTANT, such documents and other identified
materials shall be delivered to CITY by CONSULTANT. CONSULTANT
may, however, make and retain such copies of said documents and
materials as CONSULTANT may desire.
6. Termination: This Agreement may be terminated by
CITY upon the giving of a written "Notice of Termination" to
CONSULTANT at least fifteen (15) days prior to the date of
termination specified in said Notice. In the event this Agreement
is so terminated, CONSULTANT shall be compensated at CONSULTANT's
applicable hourly rates as set forth in Exhibit "B", on a pro -rata
5
basis with respect to the percentage of the Project completed as of
the date of termination. In no event, however, shall CONSULTANT
receive more than the maximum specified in paragraph 3(a), above.
CONSULTANT shall provide to CITY any and all documents, data,
studies, surveys, drawings, maps, models, photographs and reports,
whether in draft or final form, prepared by CONSULTANT as of the
date of termination. CONSULTANT may not terminate this Agreement
except for cause.
7. otices and Designated Representatives: Any and all
notices, demands, invoices and written communications between the
parties hereto shall be addressed as set forth in this paragraph 7.
The below named individuals, furthermore, shall be those persons
primarily responsible for the performance by the parties under this
Agreement:
Terrence Belanger Dennis Tarango
City of Diamond Bar D & J Engineering
21660 E. Copley Dr., Ste. 190 2362 So. Robert Road
Diamond Bar, CA 91765 Rowland Heights, CA 91748
Any such notices, demands, invoices and written communications, by
mail, shall be deemed to have been received by the addressee
forty-eight (48) hours after deposit thereof in the United States
mail, postage prepaid and properly addressed as set forth above.
S. Insurance: CONSULTANT shall neither commence work
under this Agreement until it has obtained all insurance required
hereunder in a company or companies acceptable to CITY nor shall
CONSULTANT allow any subcontractor to commence work on a
subcontract until all insurance required of the subcontractor has
been obtained. CONSULTANT shall take out and maintain at all time
6
during the term of this Agreement the following policies of
insurance:
(a) Workers' Compensation Insurance: Before
beginning work, CONSULTANT shall furnish to CITY a certificate of
insurance as proof that it has taken out full workers' compensation
insurance for all persons whom it may employ directly or through
subcontractors in carrying out the work specified herein, in
accordance with the laws of the State of California.
In accordance with the provisions of California
Labor Code Section 3700, every employer shall secure the payment of
compensation to his employees. CONSULTANT prior to commencing
work, shall sign and file with CITY a certification as follows:
"I am aware of the provisions of Section 3700 of
Labor Code which require every employer to be insured against
liability for workers' compensation or to undertake self insurance
in accordance with the provisions of that Code, and I will comply
with such provisions before commencing the performance of the work
of this Agreement"
(b) Pub is Liability and Property Damage: Throughout
the term of this Agreement, at CONSULTANT's sole cost and expense,
CONSULTANT shall keep, or cause to be kept, in full force and
effect, for the mutual benefit of CITY and CONSULTANT,
comprehensive, broad form, general public liability and automobile
insurance against claims and liabilities for personal injury,
death, or property damage arising from CONSULTANT's activities,
providing protection of at least One Million Dollars
7
($1,000,000.00) for property damage, bodily injury or death to any
one person or for any one accident or occurrence and at least One
Million Dollars ($1,000,000.00) aggregate.
(c) Errors and Omissions: CONSULTANT shall take out and
maintain at all times during the life of this Agreement, a policy
or policies of insurance concerning errors and aomissions
("malpractice") providing protection of at least $1.000,000 for
errors and omissions ("malpractice") with respect to loss arising
from actions of CONSULTANT performing services hereunder on behalf
of CITY.
(d) General Insurance Requirements: All insurance
required by express provision of this Agreement shall be carried
only in responsible insurance companies licensed to do business in
the State of California and policies required under paragraphs
8.(a) and (b) shall name as additional insureds CITY, its elected
officials, officers, employees, agents and representatives. All
policies shall contain language, to the effect that: (1) the
insurer waives the right of subrogation against CITY and CITY's
elected officials, officers, employees, agents and representatives;
(2) the policies are primary and noncontributing with any insurance
that may be carried by CITY; and ( 3 ) they cannot be canceled or
materially changed except after thirty (30) days' notice by the
insurer to CITY by certified mail. CONSULTANT shall furnish CITY
with copies of all such policies promptly upon receipt of them, or
certificate evidencing the insurance. CONSULTANT may effect for
its own account insurance not required under this Agreement.
9. Indemnification: CONSULTANT shall defend, indemnify
8
and save harmless CITY, its elected and appointed officials,
officers, agents and employees, from all liability from loss,
damage or injury to persons or property, including the payment by
CONSULTANT of any and all legal costs and attorneys' fees, in any
manner arising out of the acts and/or omissions of CONSULTANT
pursuant to this Agreement, including, but not limited to, all
consequential damages, to the maximum extent permitted by law.
10. Assignment: No assignment of this Agreement or of
any part or obligation of performance hereunder shall be made,
either in whole or in part, by CONSULTANT without the prior written
consent of CITY.
11. Damages: In the event that CONSULTANT fails to
submit to CITY the completed project, together with all documents
and supplemental material required hereunder, in public hearing
form to the reasonable satisfaction of CITY, within the time set
forth herein, or as may be extended by written consent of the
parties hereto, CONSULTANT shall pay to CITY, as liquidated damages
and not as a penalty, the sum of one hundred dollars ($100.00)
per day for each day CONSULTANT is in default, which sum represents
a reasonable endeavor by the parties hereto to estimate a fair
compensation for the foreseeable losses that might result from such
a default in performance by CONSULTANT, and due to the difficulty
which would otherwise occur in establishing actual damages
resulting from such default, unless said default is caused by CITY
or by acts of God, acts of the public enemy, fire, floods,
epidemics, or quarantine restrictions.
12. Independent Contractor: The parties hereto agree
9
that CONSULTANT and its employers, officers and agents are
independent contractors under this Agreement and shall not be
construed for any purpose to be employees of CITY.
13. Governing Law: This Agreement shall be governed by
and construed in accordance with the laws of the State of
California.
14. Attorney's Fees: In the event any legal proceeding
is instituted to enforce any term or provision of the Agreement,
the prevailing party in said legal proceeding shall be entitled to
recover attorneys' fees and costs from the opposing party in an
amount determined by the court to be reasonable.
15. Mediation: Any dispute or controversy arising under
this Agreement, or in connection with any of the terms and
conditions hereof, shall be referred by the parties hereto for
mediation. A third party, neutral mediation service shall be
selected, as agreed upon by the parties and the costs and expenses
thereof shall be borne equally by the parties hereto. In the event
the parties are unable to mutually agree upon the mediator to be
selected hereunder, the City Council shall select such a neutral,
third party mediation service and the City Council's decision shall
be final. The parties agree to utilize their good faith efforts to
resolve any such dispute or controversy so submitted to mediation.
It is specifically understood and agreed by the parties hereto that
referral of any such dispute or controversy, and mutual good faith
efforts to resolve the same thereby, shall be conditions precedent
to the institution of any action or proceeding, whether at law or
in equity with respect to any such dispute or controversy.
10
16. Entire Agreement: This Agreement supersedes any and
all other agreements, either oral or in writing, between the
parties with respect to the subject matter herein. Each party to
this Agreement acknowledges that no representation by any party
which is not embodied herein nor any other agreement, statement, or
promise not contained in this Agreement shall be valid and binding.
Any modification of this Agreement shall be effective only if it is
in writing signed by all parties.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and year first set forth above:
CONSULTANT
CITY, OF DIAMOND BAR
�I
Mayor
D�
ATTEST:
C1ty dlerk
Approved as to form
City Attorney
11
ai-ry er bumolun BA,R
AGENDA REPORT
AGENDA N0.
TO: Honorable Mayor and Members of the City Council
MEETING DATE: July 6, 1999 REPORT DATE: June 30, 1999
FROM: Terrence L. Belanger, City Manager
TITLE: Amendment of Contract to DLA for Professional Inspection Services for Cable Upgrade
SUMMARY: Pursuant to the City's Franchise Agreement with Century Communications, the cable
system will be re-built/upgraded to fiber optics. The system has been designed, and Century
Communications has hired a contractor to perform the necessary work. Century will need to perform work
within the City's right-of-way (streets/sidewalks), and to ensure that the work is performed in accordance to
the City's requirements, the City has been providing inspections. On April 6, 1999, the City Council
approved a contract of $5,000 for said inspection services for Phase I. Phase I has been completed and
Phase II construction is commencing. The inspection service for the second phase of the cable upgrade is
not expected to exceed $5,000. For Phase I, Staff conducted an informal bid process with four firms (CAA,
DGA, Hall & Foreman and DLA), and DLA was the lowest bidder at $42.00 per hour.
RECOMMENDATION: It is recommended that the City Council approve a contract amendment with DLA 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.
LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification
Resolution(s) _ Bid Specification (on file in City Clerk's office)
_ Ordinance(s) _ Other:
X Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been reviewed N/A _ Yes _ No
by the City Attorney?
2. Does the report require a majority vote? X Yes _ No
3. Has environmental impact been assessed? N/A _ Yes _ No
4. Has the report been reviewed by a Commission? _ Yes X No
Which Commission?
5. Are other departments affected by the report? X Yes _ No
Report discussed with the following affected departments: Engineering/Public Works
REVIEWED BY:
A%t4w�p �Ilv
errence L. Belang r Kellee A. Fritzal
City Manager Assistant to the Ci anager
CITY COUNCIL REPORT
MEETING DATE: July 6, 1999
AGENDA NO.
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Amendment of Contract to DLA for Professional Inspection Services for Cable
Upgrade
ISSUE STATEMENT:
Should the City Council enter into an Agreement for Inspection Services with DLA for an amount not to
exceed $5,000 for inspection of Phase II cable related upgrades?
RECOMMENDATION:
It is recommended that the City Council approve a contract amendment with DLA 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.
FINANCIAL SUMMARY:
All cost incurred will be paid by Century Communications.
BACKGROUND/DISCUSSION:
In negotiating the Franchise Agreement, the City Council initiated a complete re -build of the cable system
to a state of the art fiber optic system, which will provide increased channel capacity, increased quality and
additional services. Century Communications provided the City with the overall cable upgrade design
specifications for Phase I and II. The first phase of the up -grade was completed by June 6, 1999. The first
phase added three (3) channels to the system and improved signal quality and strength.
Century Communications will need to construct (trench/bore) cable lines (fiber-optic) in several areas within
the City to complete Phase II. For Phase I, Staff conducted an informal bid process with four firms (CAA,
DGA, Hall & Foreman and DLA), and DLA was the lowest bidder at $42.00 per hour. Century
Communications desired to commence Phase II immediately. DLA has inspected the Phase I upgrades,
and is recommended to continue with the inspection services for Phase II, based upon their experience
and hourly rate.
AMENDMENT NO. 1 TO THE CITY'S CONSULTING SERVICES
AGREEMENT FOR PROFESSIONAL SERVICES FOR INSPECTION
SERVICES FOR THE CABLE UPGRADE PHASE I & II
This Amendment No. 1 to the City's Consulting Services Agreement is made and
entered into this day of , 1999, between the CITY OF
DIAMOND BAR, a Municipal Corporation (hereinafter referred to as "City") and Dewan
Lundin & Associates (hereinafter referred to as "Consultant").
A. Recitals:
(1) The City has heretofore entered into an agreement with Consultant to provide
consulting services for Inspections Services for the Cable Upgrade. ("The Agreement"
hereinafter).
(2) CONSULTANT has submitted a revised scope of work and proposed fees for
additional services requested by the City, a full, true and correct copy of which is
attached hereto as Exhibit "A" to provide said services at a cost not to exceed $5,000.00.
NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT
Section 1: Section 3 of the Agreement is hereby amended to read as follows
3. Maximum Compensation
The total compensation to be paid by CITY to CONSULTANT for
services rendered shall not exceed $10,000 unless additional payment is approved
by the City Council.
Section 2: Each party to this Amendment No.1 acknowledges that no
representation by any party which is not embodied herein nor any other agreement,
statement, or promise not contained in this Amendment No.1 shall be valid and binding.
Any modification of this Amendment No. 1 shall be effective only if it is in writing
signed by the parties.
Section 3: All other terms and conditions of the Agreement shall remain in full
force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No.1 as of
the day and year first set forth above.
APPROVED AS TO FORM COUNSULTANT:
I:
City Attorney Name
ATTEST:
City Clerk
Title
CITY OF DIAMOND BAR
Mayor
CITY OF DIAMOND BAR
AGENDA REPORT
AGENDA NO. , / D
TO: Terrence L. Belanger, City Manager
MEETING DATE: July 6, 1999 REPORT DATE: June 30, 1999
FROM: James DeStefano
TITLE: Budget Adjustment for Building and Safety Services
SUMMARY: The amended Fiscal Year 1998-1999 Budget, has estimated revenues for Building and Safety
Services at $1,215,450.00 and Budget expenditures of $729,270.00. Upon examination of construction trends
based on project in progress in the area of residential and new multi -story office development activities
(i.e., Tenant Improvement), the Building and Safety revenues are projected to exceed by $32,000.00 and
expenditures of $19,200.00 for the remainder of Fiscal Year 1998-1999. A budget adjustment is necessary to
document the anticipated increases and compensate the Building and Safety service contractor.
RECOMMENDATION:
It is recommended that the City Council approve a budget adjustment increasing revenues for Building and
Safety Services by $32,000.00 and expenditures by $19,200.00.
EXTERNAL DISTRIBUTION: D&J Engineering
SUBMITTAL CHECKLIST:
1.
Has the resolution, ordinance or agreement been reviewed
Yes
No
X N/A
by the City Attorney?
2.
Does the report require a majority vote?
X Yes
No
N/A
3.
Has environmental impact been assessed?
Yes
No
X N/A
4.
Has the report been reviewed by a Commission?
Yes
No
X N/A
Which Commission?
5.
Are other departments affected by the report?
X Yes
No
N/A
Report discussed with the following affected departments:
RE WED
g)
Terrence L. Belanger
City Manager
James DeStefano
Deputy City Manager
MEMORANDUM
TO: James DeStefano, Deputy City Manager
FROM: Dennis A. Tarango, Building Official 1'% '
DATE: June 28, 1999
SUBJECT: 5`n Budget Adjustment Request for Building and Safety Revenue for
Fiscal Year 1998-1999
Upon reviewing the permit and plan check activities based upon project in progress and as a result
of permit activities in the area of New Commercial Building along with T.I's for Lot 23 and 15,
in the Corp. Center the city Building and Safety permit and plan check revenues will exceed by
$32,000.00 for the remainder of the fiscal year 1998-1999 (June 16-30, 1999)and expenditures
of $19,200.00. The Building and Safety Division estimated account breakdown for the adjusted
budget for the fiscal year 1998-1999 as follows:
Projection broken down as follows:
Total Projection 1,247,450.00
Should you have any question regarding this matter, please contact me.
Projection
Building Permit fees
631,200.00
Plan Check Fees
415,200.00
Electrical Fees
69,000.00
Plumbing Fees
45,200.00
Mechanical Fees
27.800.00
Issuance
48.00000
Inspection Fees
11,050.00
Total Projection 1,247,450.00
Should you have any question regarding this matter, please contact me.
CITY OF DIAMOND BAR
AGENDA REPORT
AGENDA NO. -/ 1
TO: Honorable Mayor and Members of the City Council
MEETING DATE: July 6, 1999
REPORT DATE: June 30, 1999
FROM: Terrence L. Belanger, City Manager
TITLE: Resolution No. 99 -XX " A Resolution of the City Council of the City of
Diamond Bar, California, Authorizing and Approving the Exchange of
Proposition A Funds (Local Return Transit Funds) to the City of Santa Clarita,
California, for General Funds."
SUMMARY: Proposition A, the 'h cent sales tax for transit, was approved by voters in 1980.
The revenues generated through this half cent sales tax are intended to be used towards the
development of transit related programs, which are administered by the Los Angeles County
Metropolitan Transportation Authority (MTA). The City currently has an excess of $1,840,000 in
Proposition A Funds and has the option of exchanging these funds for General Funds with another
local agency to assist in providing transit related services. The City of Santa Clarita is in need of
Proposition A Funds ($300,000) to construct their new Metrolink Station, Jan Heidt Newhall
Metrolink Station, and is offering $.71 on the dollar ($213,000).
RECOMMENDATION: It is recommended that the City Council of the City of Diamond Bar
approve Resolution No. 99 -XX " A Resolution of the City Council of the City of Diamond Bar,
California, Authorizing and Approving the Exchange of Proposition A Funds (Local Return Transit
Funds) to the City of Santa Clarita, California, for General Funds."
LIST OF ATTACHMENTS: X Staff Report _Public Hearing Notification
X Resolution(s) _ Bid Specification
_ Ordinance(s) _Other:
X Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been reviewed
_Yes
_ No
by the City Attorney?
2. Does the report require a majority vote?
X Yes
_ No
3. Has environmental impact been assessed? N/A
Yes
No
4. Has the report been reviewed by a Commission? N/A
Yes
_ No
5. Are other departments affected by the report?
_ Yes
X No
-fit � rr ;r� •-•
Anne M. Haraksin
Administrative Assistant
CITY COUNCIL REPORT
MEETING DATE: July 6, 1999
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Resolution No. 99 -XX " A Resolution of the City Council of the City of
Diamond Bar, California, Authorizing and Approving the Exchange of
Proposition A Funds (Local Return Transit Funds) to the City of Santa
Clarita, California, for General Funds."
ISSUE STATEMENT:
Should the City Council approve Resolution No. 99 -XX "A Resolution of the City Council of the
City of Diamond Bar, California, Authorizing and Approving the Exchange of Proposition A
Funds (Local Return Transit Funds) to the City of Santa Clarita, California, for General Funds."
RECOMMENDATION:
It is recommended that the City Council of the City of Diamond Bar approve Resolution No.
99 -XX "A Resolution of the City Council of the City of Diamond Bar, California, Authorizing
and Approving the Exchange of Proposition A Funds (Local Return Transit Funds) to the City of
Santa Clarita, California, for General Funds."
FINANCIAL SUMMARY:
The City has $1,840,000 in uncommitted Proposition A Funds. It is anticipated that the City will
receive $668,000 in Proposition A Funds for the Fiscal Year 1999-00 and has allocated $798,000
in transit programs (Diamond Ride, Transit Subsidy, and Capital Improvement Projects).
Approval of the Resolution will allow the City to exchange $300,000 in Proposition A Funds to
the City of Santa Clarita for $213,000 in General Funds. It is proposed that the Proposition A
Funds be exchanged at a rate of $.71 on the dollar. This sale of Proposition A Funds is part of
the Fiscal Year 1999-00 adopted budget.
BACKGROUND/DISCUSSION:
Proposition A, the 1/z cent sales tax for transit, was approved by voters in 1980. The revenues
generated through this half cent sales tax are intended to be used towards the development of
transit related programs, which are administered by the Los Angeles County Metropolitan
Transportation Authority (MTA). In administering the program, MTA distributes "Local
Return" funds directly to cities. The City must use its Local Return funds within three (3) years
from the date of receipt or the funds must be returned.
Local Return funds are designed to be spent solely on public transit projects. The City currently
has an excess of $1,840,000 in Proposition A Funds and has the option of exchanging these
funds with another local agency to assist in providing transit related services.
During the Fiscal Year 1999-00 Annual Budget process, the sale of $300,000 in uncommitted
Proposition A reserves was approved. The General Fund revenue generated was to be allocated
towards the design and construction of a skateboard park.
With the passage of the 1999-00 Annual Budget, Staff has sought out interested cities to
exchange Proposition A Funds for General Funds. Out of the several cities contacted, Santa
Clarita is offering the highest exchange rate at $.71 on the dollar. The City of Santa Clarita is in
need of Proposition A Funds to construct their new Metrolink Station, Jan Heidt Newhall
Metrolink Station.
RESOLUTION NO. 99-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR,
CALIFORNIA, AUTHORIZING AND APPROVING THE EXCHANGE OF
PROPOSITION A FUNDS (LOCAL RETURN TRANSIT FUNDS) TO THE CITY OF
SANTA CLARITA, CALIFORNIA, FOR GENERAL FUNDS
WHEREAS, the City of Diamond Bar wishes to transfer $300,000 of its uncommitted
Proposition A Local Return Transit Funds to the City of Santa Clarita to provide for public
transit purposes and to improve the level, quality, safety, and/or accessibility of transit services
to the general public or to any group which requires special transportation assistance; and
WHEREAS, the City of Santa Clarita has offered to assign $213,000 in general funds to
the City of Diamond Bar; and
WHEREAS, the City Council of the City of Diamond Bar has determined that the transit
needs of the City can be adequately met if this fund exchange is approved; and
WHEREAS, the City of Diamond Bar plans to expend these funds to augment the City's
capabilities in meeting the general public's needs and other City expenses.
NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby resolve
as follows:
SECTION 1. The exchange of $300,000 of Proposition A Local Return Funds in
exchange for the assignment of $213,000 in general funds is authorized and approved.
SECTION 2. The Mayor is authorized to execute, on behalf of the City, any required
documents to effectuate this exchange of funds.
SECTION 3. The City Clerk shall certify to the adoption of this Resolution and send
certified copies to the City of Santa Clarita.
PASSED, APPROVED AND ADOPTED on 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:
Lynda Burgess, City Clerk
City of Diamond Bar
FUND TRADE AGREEMENT
PROPOSITION A ASSIGNMENT AGREEMENT
This Assignment Agreement is made and entered into this _ day of , 1999
by and between the City of Diamond Bar, California, and the City of Santa Clarita, California,
with respect to the following facts:
A. The City of Santa Clarita has a need for additional Proposition A Local Return
Funds to assist in the financing of its new Metrolink Station, Jan Heidt Newhall
Metrolink Station.
B. The City of Diamond Bar has an accumulation of uncommitted Proposition A
Local Return funds which could be made available to the City of Santa Clarita to
assist in providing the project described in Paragraph A of this Agreement. In
exchange for the assignment by the City of Santa Clarita of the amount of its
general funds indicated in Section 1 below, the City of Diamond Bar is willing to
assign uncommitted Proposition A Local Return funds to the City of Santa Clarita
for the purpose identified in Paragraph A.
Now, therefore, in consideration of the mutual benefits to be derived by the parties and of the
premises herein contained, it is mutually agreed as follows:
Exchange. The City of Diamond Bar agrees to assign $300,000 of its
uncommitted Proposition A Local Return funds to the City of Santa Clarita in
Fiscal Year 1999-00. In return, the City of Santa Clarita agrees to assign
$213,000 in general funds to the City of Diamond Bar for Fiscal Year 1999-00.
2. Consideration. The City of Diamond Bar shall assign the agreed upon
Proposition A Local Return funds to the City of Santa Clarita in one payment no
later than August 30, 1999. The City of Santa Clarita shall assign the agreed upon
general funds to the City of Diamond Bar in one payment no later than August 30,
1999.
Term. This Agreement is effective on the date above written and for such time as
is necessary for both parties to complete their mutual obligations under this
Agreement.
4. Termination. Termination of this Agreement may be made by either party before
the date of approval of the project description covering the funds in question by
the Metropolitan Transportation Authority, so long as written notice of intent to
terminate is given to the other party at least five (5) days prior to the termination.
Notices. Notices shall be given pursuant to this Agreement by personal service on
the party to be notified, or by written notice upon such party deposited in the
custody of the United States Postal Service addressed as follows:
a. Terrence L. Belanger, City Manager
City of Diamond Bar
21660 E. Copley Drive, Ste. 100
Diamond Bar, CA 91765
b. George Caravalho, City Manager
City of Santa Clarita
23920 Valencia Blvd., Ste. 300
Santa Clarita, CA 91355
6. Assurances.
a. The City of Santa Clarita shall use the assigned Proposition A Local
Return Funds only for the purpose of providing the project discussed in
Paragraph A of the Agreement and within the time limits specified in
Metropolitan Transportation Authority's Proposition A Local Return
Program Guidelines.
b. Concurrently with the Execution of this Agreement, the City of Santa
Clarita shall provide the Metropolitan Transportation Authority with the
Standard Assurances and Understandings Regarding Receipt of Use of
Proposition A Funds specified in the Guidelines regarding the use of the
assigned Proposition A Local Return Funds.
IN WITNESS WHEREOF, the parties hereto have caused this Assignment Agreement to
be executed by their respective officers, duly authorized, on the day and year above written.
CITY OF SANTA CLARITA CITY OF DIAMOND BAR
By
Mayor
Attest:
By
City Clerk
Approved as to Form:
By
.3
:A
Mayor
City Clerk
CITY OF DIAMOND BAR
AGENDA REPORT
AGENDA NO. 61(2—
TO:
1(2''
TO: Honorable Mayor and Members of the City Council
MEETING DATE: July 6, 1999
REPORT DATE: June 30, 1999
FROM: Terrence L. Belanger, City Manager
TITLE: Resolution No. 99 -XX "A Resolution of the City Council of the City of Diamond
Bar, California, Declaring its Support for the City of Industry Solid Waste
Transfer Station."
SUMMARY:
The City of Industry is proposing the siting and construction of Grand Central Recycling &
Transfer Station, Inc. The solid waste transfer station will be located on a 10 -acre site at 999
Hatcher Avenue, City of Industry. The site is located in an industrially -zoned area designated for
general manufacturing, and the site is immediately surrounded by industrial uses, a flood control
channel, and Union Pacific Rail Yard. The Grand Central Recycling Transfer Station, Inc. will not
be a regional facility. In fact, the solid waste transfer station is much smaller than the project that
was previously proposed, and will only accept 1,500 tons per day. The previous solid waste
transfer station was proposed to accept 5,500 tons per day.
RECOMMENDATION:
It is recommended that the City Council of the City of Diamond Bar approve Resolution No. 99 -XX
"A Resolution of the City Council of the City of Diamond Bar, California, Declaring its Support for
the City of Industry Solid Waste Transfer Station."
LIST OF ATTACHMENTS: X Staff Report _Public Hearing Notification
X Resolution(s) Bid Specification
_ Ordinance(s) _Other:
— Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been reviewed
_Yes
_ No
by the City Attorney?
2. Does the report require a majority vote?
X Yes
_ No
3. Has environmental impact been assessed? N/A
Yes
_ No
4. Has the report been reviewed by a Commission? N/A
_ Yes
_ No
5. Are other departments affected by the report?
_ Yes
X No
Report discussed with the following affected departments:
rrence L. Bela ger Anne M. Haraksin
City Manager Administrative Assistant
CITY COUNCIL REPORT
MEETING DATE: July 6, 1999
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Resolution No. 99 -XX "A Resolution of the City Council of the City of
Diamond Bar, California, Declaring its Support for the City of Industry
Solid Waste Transfer Station."
ISSUE STATEMENT:
Should the City Council of the City of Diamond Bar adopt a Resolution declaring its support for
the City of Industry's solid waste transfer station?
RECOMMENDATION:
It is recommended that the City Council of the City of Diamond Bar adopt a Resolution
declaring its support for the City of Industry's solid waste transfer station.
FINANCIAL SUMMARY:
No financial impact.
BACKGROUND DISCUSSION:
The City of Industry is proposing the siting and construction of Grand Central Recycling &
Transfer Station, Inc. The solid waste transfer station will be located on a 10 -acre site at 999
Hatcher Avenue. Approximately 120,350 square feet (sf) of building space will be constructed
including: a 47,050 sf main tipping area, an 8,750 sf self -haul tipping area, a 4,900 sf transfer
tunnel, a 46,650 sf materials recovery facility, and a 13,000 sf office/employee area. The facility
and equipment will be designed to accommodate a maximum capacity of 1,500 tons per day.
The site description is as follows: Trash trucks, public self -haul, and source separated recyclable
vehicles will enter the facility and weigh in at the scalehouse. Residential mixed waste and some
commercial loads will be directed to the mixed solid waste tipping floor. Salvageable material
will be sorted from the transfer station tipping floor manually. The residual material will be
loaded through the loadout ports into transfer trailers. Select commercial loads may be tipped in
the materials recovery facility tipping area and conveyed to the materials recovery facility for
processing after the removal of bulky items. Co -mingled loads (e.g. curbside materials) may be
tipped in the co -mingled tipping area and conveyed to the materials recovery facility. Materials
will be manually and mechanically separated into marketable commodities and shipped from the
loading dock. Residual waste will be conveyed back to the tipping area and loaded into transfer
trailers through the loading ports. Transfer trailers will exit the tunnel and haul material to a
permitted disposal site.
The site is located in an industrially -zoned area designated for general manufacturing. The site is
immediately surrounded by industrial uses. To the east of the site is a flood control channel,
vacant land, and a manufacturing operation. To the north is a large flood control channel,
industrial activities and the Union Pacific Rail Yard. To the south are manufacturing/warehouse
uses. To the west are industrial companies.
The Grand Central Recycling Transfer Station, Inc. will not be a regional facility. In fact, the
solid waste transfer station is much smaller than the project that was previously proposed. The
previous solid waste transfer station was proposed to accept 5,500 tons per day.
RESOLUTION NO. 99 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR, CALIFORNIA, DECLARING ITS SUPPORT
FOR THE CITY OF INDUSTRY SOLID WASTE TRANSFER STATION
WHEREAS, the Grand Central Recycling & Transfer Station, Inc., is proposed to be
located on a ten acre sight at 999 Hatcher Avenue, City of Industry; and
WHEREAS, the site is located in an industrially -zoned area designated for general
manufacturing; and
WHEREAS, the solid waste transfer station will have rail access, and the site is located
adjacent to the Union Pacific Rail Yard; and
WHEREAS, the facility and equipment will be designed to accommodate a maximum
capacity of 1,500 tons per day.
WHEREAS, the disposal capacity is declining at an alarming rate, and a need exists for
an appropriate waste diversion program.
NOW, THEREFORE, the City Council of the City of Diamond Bar does resolve as
follows:
The City Council hereby declares their support to the City of Industry's solid waste
transfer station.
PASSED, APPROVED AND ADOPTED this day of , 1999.
Mayor
I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing
Resolution was passed, approved and adopted at a regular meeting of the City Council of the
City of Diamond Bar held on the day of , 1999, by the
following Roll Call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
Lynda Burgess, City Clerk
City of Diamond Bar
c, 13
MEMORANDUM
CITY OF DIAMOND BAR
TO: Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Mana4q�—D 46r
SUBJECT: Consulting Services Agreement with the Diamond Bar
Chamber of Commerce
DATE: July 6, 1999
BACKGROUND:
On June 15, 1999, the City Council adopted the Fiscal Year 1999-2000 Budget which
included the approval of a contract for services with the Chamber of Commerce. The
Chamber has submitted a detailed contract proposal to provide various consulting
services to the City. The proposed scope of services to be rendered consists of four areas:
1. Monthly support services for promotion of City services,
informational distribution, and efforts to enhance the
development of programs for the public benefit. Examples
are: small business seminars, candidates forum, Business
Expo and City Birthday Party.
2. Advertising within the Chamber VIEW publication.
3. Publication and printing of a new City map.
4. Preparation, packaging and distribution of a New Resident
Package informing residents of City services, member
businesses, recreational opportunities and information to
welcome a new resident to the City.
The proposed one year contract is in the amount of $36,000.00 for the referenced
services. The Chamber proposal has been reviewed by the Council Subcommittee and
approved by the Chamber Executive Committee. The contract sets forth the detailed
terms of the previously budgeted matter and is presented to the City Council for
consideration.
RECOMMENDATION:
It is recommended that the City Council approve an agreement with the Diamond Bar
Chamber of Commerce in the amount of $36,000.00.
99
CONSULTING SERVICES AGREEMENT
THIS AGREEMENT is made as of July 01, 1999 by and between the City of
Diamond Bar, a municipal corporation ("City") and the Diamond Bar Chamber of
Commerce„ ("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 "A."
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 "A.
2. Term of Agreement. This Contract shall take effect July 1, 1999,
and shall continue until June 30, 2000, 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 duties set forth in Exhibit "A." Payment will be made only after submission of
proper monthly invoices in the form specified by City. Total payment to
Consultant pursuant to this Agreement shall not exceed thirty-six thousand
dollars ($36,000) for fiscal year July 01, 1999 through June 30, 2000.
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.
Page 1 of 9
City:
City Manager
City of Diamond Bar
Suite 100
21660 East Copley Drive
Diamond Bar, California
91765-4177
Consultant:
Executive Director
Diamond Bar Chamber of Commerce
Box 14
21450 Golden Springs Drive
Diamond Bar, California
91789-
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 indemnity 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.
Page 2 of 9
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 holo 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
indemnatee shall be conclusive in favor of the indemnitee's right to recover
under this indemnity provision. Consultant shall pay indemnitees for any
attorney's fees and costs incurred in enforcing this indemnification provision.
Notwithstanding the foregoing, nothing in this instrument shall be construed to
encompass (a) indemnatees' sole negligence or willful misconduct to the limited
extent that the underlying Agreement is subject to Civil Code Sections 2782(a) or
(b) the contracting public agency's active negligence to the limited extent that
the underlying Agreement is subject to Civil Code Section 2782(b). This
indemnity is effective without reference to the existence or applicability of any
insurance coverages which may have been required under the Agreement or any
additional insured endorsements which may extend to indemnitees.
Consultant, on behalf of itself and all parties claiming under or through it,
hereby waives all rights of subrogation and contribution against the indemnitees,
while acting within the scope of their duties. from all daims; 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.
Page 3 of 9
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 thin $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(les) as to
comprehensive general liability, property damage. and automotive liability. The
policy (les) 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 fill'
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.
Page 4 of 9
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 -provided data shall be returned to City
upon the termination of this Agreement. Consultant's covenant under this section
shall survive the termination of this Agreement.
11. Ownership of Materials. All materials provided by Consultant in the
performance of this Agreement shall be and remain the joint property of City and
Consultant without restriction or limitation upon its use or dissemination by City
or Consultant.
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 vendors 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
Page 5 of 9
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, 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 Consultants obligations hereunder,
without the prior written consent of City, and any attempt by Consultant to so
Page 6 of 9
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 berm 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
govemments.
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, gills, 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 Califomia.
Page 7 of 9
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 writing
signed by the parties which expressly refers to this Agreement. Amendments on
behalf of the City will only be valid if signed by the City Manager or the Mayor
and attested by the City Clerk.
26. Exhibits. All exhibits referred to in this Agreement are incorporated
herein by this reference.
IN WITNESS WHEREOF the parties have executed this Agreement
as of the date first written above.
,TEST:
ATTEST: CITY OF DIAMOND BAR
By:
City Clerk
Approved as to form:
By:
City Attorney
By:
Mayor
"CONSULTANT'
Page 8 of 9
EXHIBIT "A"
1999>2000 CITY SERVICES CONTRACT
DIAMOND BAR CHAMBER OF COMMERCE
A. $12,000 Administrative Support: Monthly support for services to the City for promotion of
City services, informational distribution and efforts to enhance the development of programs
for the public benefit. Included in these programs are: Small business Seminars, Candidates
Forum, Business Expo and City Birthday Party.
B. $12,000 Advertising in the VIEW: Includes a full page ad in each of thirteen issues published
each year.
C. $4,500 City Map: The Chamber will provide for the design and publication of the Diamond
Bar Millenium Map. Included are 2 panels on the map and 1500 copies of the map.
D. $7,500 Community Outreach Program: The preparation, packaging and distribution of the
New Resident Package. This is a packet of information on City Services, member
businesses, recreation opportunities and other information to welcome a new resident to the
City. Includes first 15 packages each month.
Page 9 of 9
CERTIFICATE OF INSURANCE
]11111 )SRM'
is fls t a
^t 0 STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois
❑ STATE I"AIRM GENERAL INSURANCE COMPANY. Bloomington, Illircis
it s}r K�fpl wing policyholcer lur the coverages indicated beiuw:
of ooircyirolder AMOND BAR. C.1—UMBER OF COMMERCE
Address of policyholde 2-1.450 1OLDEN SPRINGS
DIAMOND BAR C 91765
-ccation of operations
Description of operations
''ib Porc,as listed below have been issued —to '.he policyholder to the policy periods shown The insurance aese bac n !hese poiiaes Is
s410c' to ail the tern's exclusions. and conditions of hose o icier T_ha limits of iiabilil shown ma have been reduced by any paid _cleirns
- - - --�- -y-- -- y
POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD LIMITS OF LIABILITY
Effective Data Expiration Date t b tN
nn of Ilc ertod
Comprehensive a—meBODILY !NJURY AND i
91- NT' - 82 6 8 - 8 Business Liability _ 02 i 01 9 / 01 / 0 0PROF RT`
L E (DAMAGE I
This insurance ircludes PrOdUC1,8 - Corrrpletod Cperatlons
n Contractual Liahllity
I
[1 Underground Hazard Coverage
�] Personal Injury
Advertising inlury
i -J Exrrinsion H22ard Coverage
❑ C0113pse Hazard Coverage
r --
J General Aggregate L.rrnl aeplies to each piolect
r-�
r -'ac!) occurrence S -L) 011 cl C Q
General Aggregate S % n ` n L
Products - Comaletea
Operatuon5 Aggregate S ?zrjy zal
FXCESI LIABIL ; V POLICY PERIOD � SCDILY INJUiRv ANC PROPERTY DAMAGE
Effective Date ExPtratlon Data-� (Combinea Singla u mil's
(� Umbrella -- I- Each Occurrence W _
Othor _�` - - -- I - - -- Aegregate
j Part 1 STATUTORY'-__— --_
Part '2 HODILY INJURY
A/crKersCcmpensation 0 2 e.1 9 9 C .:. / O C
and Employers; LiaiJ+'
=ach Accicaent ' 0 0 2 C1
Disease Each Empioyee * 1 ' Qy
__ Disease - Policy Limit S
POLICY NUMBER TYPE OF INSURANCE t POLICY PERIOD LIMITS OF LIABILITY
I Effective Date Explratlon Date r _ at beginning of�olla r�perlodj
Narne and Address of Curtiticete Holcler
ADDITIONAL INSURED
CITY OF DIAMOND BAR
21660 COFLEY
C IAMOND BAR CA 91-166
58B•994 A 2-91) Printed in U.8.A
If any of the described policies are canceled before its
expiration date, State Farm wlll try to mail a written notice to
the certificate holder 3 0 days before cancellation. If,
however, we fail to trail such notice, no obligation or liability
will be imposed on State Farm or its agents or
i apreseintatives.
-- l
\- ........—_—_.--.__ r...
Siyrrature of Authorized Representative
C�� //
_1`...._.. _ L03
A, f6F{IaN O; Agent
Titin r+, se #0502558
W. TempIa
Darn (909) f323-8571
MEMORANDUM
CITY OF DIAMOND BAR
TO: Mayor and Members of the City Council
FROM: Mayor Pro Tem Deborah H. O'Connor ItIr
SUBJECT: Appointment of R.J. Willkomm to the Wildlife Corridor Conservation
Authority Advisory Committee
DATE: July t, 1999
There is a vacancy on the Wildlife Corridor Conservation Authority (WCCA) Advisory Committee,
due to the resignation of Nick Camarotta. It is recommended that R.J. Willkomm be appointed to
the WCCA Advisory Committee. Mr. Willkomm is a Diamond Bar resident whom is interested in
the position.
DOC:JDS:kaf
AGENDA NO. 8.2
NO DOCUMENTATION AVAILABLE
p
MEMORANDUM
CITY OF DIAMOND BAR
TO: Mayor and Members of the City Council
FROM: Council Members Herrera and Huff, Lanterman Expansw- W
Sub -Committee
SUBJECT: Proposal to Dissolve the Lanterman Developmental Center
Expansion Project Task Force and Create the Lanterman
Developmental Center Advisory Committee
DATE: July 1, 1999
BACKGROUND:
The project Task Force was established on March 16, 1999 to advise the City Council on
a plan of action regarding the proposal of the State of California 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 the plan of
action. The City Council has adopted a resolution in opposition to the Expansion
Project, solicited and received support from area cities, Mt. Sac, Cal Poly, Los Angeles
County, Assembly Members, State Senators and Local Congressmen. The City has filed
a lawsuit and initiated state legislation to stop the Expansion Project. At this time, the
work of the Task Force is complete. Task Force members should be congratulated for
their many hours and tireless efforts put forth to oppose the Expansion Project.
It is proposed that the Lanterman Developmental Center Expansion Project Task Force
be dissolved. In addition, it is proposed that the City 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 to review
and make recommendations on the actions of the State of California 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 to serve as Vice Chair. Twelve (12) additional
members of the Committee would be appointed by the Committee Chair and Vice Chair.
RECOMMENDATIONS:
It is recommended that:
The Lanterman Developmental Center Expansion Project Task Force be
dissolved.
2. An Advisory Committee be created and that it be Chaired by Council Member
Herrera and that the Vice Chair be Council Member Huff with twelve (12)
additional members being appointed by the Chair and Vice Chair.
g'
MEMORANDUM
TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL
FROM: TERRENCE L. BELANGER, CITY MANAGERI "
RE: CONTRACT AMENDMENT FOR SHEPPARD, MULLIN, RICHTER
AND HAMPTON, LLP
DATE: JULY 6, 1999
RECOMMENDATION:
It is recommended that the City Council approve the amendment to the
contract for legal services, related to the Lanterman Developmental Center
forensic expansion project, between the City of Diamond Bar and
Sheppard, Mullin, Richter and Hampton, LLP, in the amount of $50,000.
DISCUSSION:
On April 20, 1999, the City of Diamond Bar approved a contract with the
law firm of Sheppard, Mullin, Richter and Hampton, LLP (SNH H).
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 exceed amount of $100,000, to cover costs for the
ongoing legal processes.
CITY OF DIAMOND BAR
AGENDA REPORT
AGENDA N0.
TO: Honorable Mayor and Members of the City Council
MEETING DATE: July 6, 1999 REPORT DATE: June 21,1999
FROM: Terrence L Belanger, City Manager
TITLE: "Resolution 96-531- A Resolution of the City of Diamond Bar setting forth personnel rules and
regulations regarding the payment of salaries, sick leave, vacations, leaves of absences and
other regulations'.
SUMMARY: At the June 15, 1999 Meeting, the City 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. The reclassifications do not include a salary adjustment.
RECOMMENDATION: It is recommended that the City Council adopt "Resolution 96-53C - A Resolution of
the City of Diamond Bar setting forth personnel rules and regulations regarding the payment of salaries, sick
leave, vacations, leaves of absences and other regulations".
LIST OF ATTACHMENTS: X Staff Report
X Resolution(s)
Ordinance(s)
_ Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
_ Public Hearing Notification
Bid Specification (on file in City Clerk's
office)
Other:
1. Has the resolution, ordinance or agreement been NIA
_ Yes
— No
reviewed by the City Attorney?
2. Does the report require a majority vote?
X Yes
_ No
3. Has environmental impact been assessed? WA
_Yes
_ No
4. Has the report been reviewed by a Commission? N/A
_ Yes
_ No
Which Commission?
5. Are other departments affected by the report?
_, Yes
X No
Report discussed with the following affected departments:
REVIEWED BY:
Terrence L. Bela g
City Manager
ellee 4AFri a
Assistant to the City Manager
RESOLUTION NO. 96-53 I
RESOLUTION OF THE CITY OF DIAMOND BAR SETTING FORTH PERSONNEL RULES
AND REGULATIONS REGARDING THE PAYMENT OF SALARIES, SICK LEAVE,
VACATIONS, LEAVES OF ABSENCES, AND OTHER REGULATIONS
THE CITY COUNCIL OF THE CITY OF DIAMOND BAR HEREBY RESOLVES,
ORDERS, AND DETERMINES AS FOLLOWS:
WHEREAS, the City Council has determined that it is necessary to the efficient operation
and management of the City that rules and regulations be maintained prescribing sick leave,
vacation, leaves of absences, and other regulations for the officers and employees of the City; and
WHEREAS, it is necessary from time to time to establish comprehensive wage and salary
schedules and to fix the rates of compensation to be paid to officers and employees of the City.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Diamond Bar,
California, as follows:
SECTION 1. COMPREHENSIVE WAGE AND SALARY PLAN
There is hereby established a Comprehensive Wage and Salary Plan for employees of the
City of Diamond Bar. The Comprehensive Wage and Salary Plan is designed to provide for a fair
and efficient framework for the administration of wages and is based upon the recommendations of
the City Manager.
SECTION 2. SALARY SCHEDULE
Pursuant to Ordinance 21 (1989), the Diamond Bar City Council hereby establishes the
salaries and the various full-time positions of the City of Diamond Bar. As of the pay period ending
on July 2, 1999, the compensation of the various classes of positions shall be as shown on Schedule
A and B (attached).
SECTION 3. FULL-TIME SALARY SCHEDULE GUIDELINES
New employees shall be hired at the entry step or any step at the discretion of the City
Manager and must successfully complete a one year probation period. At the end of six months, the
employee will be given a performance evaluation and may be eligible for the next step. Every year
thereafter, employees shall be given a performance evaluation and shall move to each successive
step, so long as the employee's performance is satisfactory or above.
RESOLUTION 96-53 I
Page Two
SECTION 4. PROBATION
In an effort to monitor newly -hired employees, the probation period for newly -hired
employees is one year.
SECTION 5. MILEAGE REIMBURSEMENT
Private automobiles are not to be used for the City business except as authorized. The City
Manager may authorize such use at the reimbursement rate equal to that set forth by the Internal
Revenue Service. Payments shall be based upon the most direct route to and from the destination,
and garage and parking expenses shall be paid in addition to the current rate, upon submission of
paid receipts.
SECTION 6. HEALTH, DENTAL, VISION, LIFE, DEFERRED COMPENSATION,
LONG TERM DISABILITY AND UNEMPLOYMENT INSURANCE.
All full-time employees and designated permanent part time employees are eligible to receive
group health, dental, vision, life, deferred compensation, disability insurance and unemployment
insurance within the City's group insurance carrier(s), with the administrative cost and premiums
paid by the City to a maximum established in Section 7, after 30 days of employment. Dependents
of employees are eligible for health, dental and vision insurance.
SECTION 7. FRINGE BENEFIT PACKAGE
An employee benefit program is authorized wherein all officers, full-time employees and
designated permanent part-time have a choice of medical and/or fringe benefits, as described in
Section 6, in an amount not to exceed $650.00 a month, paid by the City.
A. Employees, defined as Management shall receive an additional $30.00 per month to be
applied as described in Section 6.
B. All employees shall participate in the Life, Dental and Vision Insurance programs. The City
shall pay the cost of the employee in addition to the benefit program described in Section 6
or Section 7(A). Monies in excess of the City's 457 Plan shall be paid off annually during
each December.
C. All eligible employees may participate in the City's 401(A) deferred compensation plan.
SECTION 8. PART-TIME EMPLOYMENT
Hourly compensation for the various part-time positions shall be as set forth in Schedule B
(attached).
RESOLUTION 96-53 I
Page Three
SECTION 9. STATUS OF EMPLOYMENT
All employees serve under the City Manager, pursuant to Government Code Section 34856.
Per Government Code Section 36506, nothing in these rules and regulations shall be construed to
provide employees with any tenure or property interest in employment.
SECTION 10. PUBLIC EMPLOYEES' RETIREMENT SYSTEM - DEFERRED
COMPENSATION
The City of Diamond Bar shall pay the employee contribution of said employee salary to the
State Public Employees' Retirement System (PERS) as deferred income.
SECTION 11. PAY PERIODS
The compensation due to all officers and employees of the City shall be on a bi-weekly basis.
SECTION 12. PAY DAYS
Warrants or checks in the payment of compensation shall be made available by the City to
employees and officers of the City on the Friday succeeding the close of any given pay period. In
an event that pay day falls on a holiday, all warrants or checks in payment of compensation shall be
made available to the City employee on the last work day preceding the holiday.
SECTION 13. WORKING HOURS AND OVERTIME
A. Eight (8) hours, exclusive of lunch period, shall constitute a day's work for all full time
employees.
B. The official work week of the City of Diamond Bar shall be five (5) working days of eight
(8) hours each. It shall be the duty of each Department Head to arrange the work of their
Department so that each employee therein shall not work more than five (5) days in each
calendar week. The City Manager may require an employee to temporarily perform service
in excess of five (5) days per week when public necessity or convenience so requires.
C Whenever an employee, other than an Management employee, shall be required to work
overtime, beyond 40 hours per week, such person shall receive compensation for such
overtime worked at one and one-half (1 1/2) times the regular rate of pay, provided they
have completed a full 40 hour work week.
RESOLUTION 96-53 I
Page Four
D. Any full time employee, other than an Management Team Member, who is required to
work on an observed holiday beyond the regular 40 hour work week, shall be entitled to
pay at the rate of two (2) times the regular rate of pay provided they have worked a 40
hour work week.
E. There is nothing contained within this Section to exclude the City from implementing a 4-
10 Plan at their option.
SECTION 14. ANNUAL VACATION
A. A full time employee, after twelve (12) months continuous service with the City of
Diamond Bar, shall be entitled to a vacation of ten (10) work days per year, to be accrued
at a rate of 3.08 hours per pay period.
YEARS OF SERVICE
1-5
6-10
11 & Up
VACATION ACCRUAL
10 days
15 days
20 days
B. Vacation time may be accumulated to a maximum of twenty (20) days (160 hours). The
City Manager may approve vacation time accruals exceeding twenty (20) days.
C. The total vacation allowance shall be computed to the nearest whole day, based upon the
number of full months of City service.
D. In the event one or more municipal holidays follow accumulated vacation leave, such
days shall not be charged as vacation leave and the vacation leave shall be extended
accordingly for those employees eligible for such holidays.
E. An employee shall take vacation at such time during the calendar year based upon due
regard to the needs of the employee's services and the work schedule.
F. Vacation shall be taken during the year following which the vacation privilege has been
earned.
G. The time set for the vacation of the City Manager shall be subject to the approval of the
City Council.
H. Employees who terminate shall be paid the salary equivalent to all accrued vacation
earned after one (1) year of service has been completed, prior to the effective date of
termination.
RESOLUTION 96-53 I
Page Five
I. All vacation requests shall be made at least ten (10) days in advance and prior approval
must be given by employee's supervisor and Department Head.
J. If an employee does not request time off in advance and simply does not show up for
work, the City Manager may deny the use of vacation time or other benefit for the time
off, and said employee is subject to disciplinary action including discharge.
K. Management employees, for the purpose of accrual, shall be credited with previous
municipal experience, up to five (5) years of service.
SECTION 15. SICK LEAVE
A. Sick leave with pay shall be accrued by full-time employees at a rate of 3.08 hours per
pay period.
B. After six (6) months of continuous service the employee is eligible to use sick leave.
C. Unused sick leave may be accumulated to a maximum total not to exceed 160 hours.
Absence or illness may not be charged to sick leave if not already accrued and/or
accumulated.
D. Each full time employee shall be paid one-half (1/2) of the unused balance of the annually
accrued sick leave, accrued during a given accrual year, when the then annual accrual
results in sick leave in excess of the maximum allowable accumulation of 160 hours. The
sick leave payout shall only apply to the amount which is in excess of the maximum
allowable accumulated amount of 160 hours. The annual accrued sick leave, over the
maximum accumulation, shall be paid once a year, at the employee's current wage at the
time of payment. Said payment is to be made on the first day in December, or at such
other time as the City Manager may determine, at his/her absolute discretion, as
appropriate.
E. Sick leave shall be allowed only in case of necessity and actual sickness or disability of
the employee or dependent family members, as determined by the City Manager. In order
to receive sick leave with pay, the employee shall notify the Department Head prior to or
within two (2) hours after the time set for beginning daily duties. The City Manager may,
if he/she deems necessary, require the employee to file a Physician's Certificate or a
Personal Affidavit stating the cause of absence.
F. Sick leave shall not accrue to any employee for any month in which that employee is on
unpaid leave and does not work a minimum of ten (10) eight (8) hour working days in
any one month or combination thereof.
RESOLUTION 96-53 I
Page Six
G. If an employee does not show up for work and does not call in within two hours, the City
Manager may deny use of sick leave for the unauthorized time off, and employee is
subject to disciplinary action.
H. Employees using all accumulated sick leave may be deemed to have abandoned their
employment.
I. After five (5) years of service, when an employee retires, resigns or terminates in good
standing, that employee will be paid all accumulated sick leave at a rate of one-half (1/2)
of the employee's current rate of pay at his/her date of termination.
SECTION 16. BEREAVEMENT LEAVE
When circumstances are such and the City Manager determines that conditions warrant,
three (3) paid bereavement leave days may be granted in the event of death of a relative of a full-
time employee. "Relative" is defined as spouse, parents, children, step -children, brother, sisters,
grandparents, grandchildren, half-brothers, half-sisters, aunts, uncles, or other individuals related
by blood or marriage.
SECTION 17. UNAUTHORIZED LEAVE
If an employee does not show up for work for three consecutive work days without
notifying said employee's supervisor or Department Head, said employee shall be considered to
have voluntarily terminated employment with the City.
SECTION 18. ON-THE-JOB INJURY
Whenever a person is compelled to be absent from employment with the City on account
of injury arising out of or in the course of that employee's employment as determined by the
Workers' Compensation Act, the employee may elect to apply pro -rated accrued sick leave, if
any, to such absence to receive compensation of an amount of the difference between the
compensation received under the Workers' Compensation Act and that employee's regular pay,
not to exceed the amount of the employee's earned sick leave. An employee in such instance may
also elect to use any earned vacation time in like manner after sick leave is exhausted. The City
will pay the employee up to three (3) days of that employee's regular salary as it relates to an on-
the-job injury and if not covered by Workers' Compensation.
RESOLUTION 96-53 I
Page Seven
SECTION 19. JURY DUTY
If a full-time employee is called for jury duty, such person shall receive regular pay while
actually performing jury service, however, any amount received by such employee as payment
for services as juror shall be reimbursed to the City. All mileage paid to the employee as a juror
shall not be considered as a reimbursable item to the City.
SECTION 20. ATTENDANCE
Full time employees shall be in attendance at their work in accordance with the rules
regarding hours of work, holidays, and leave. Departments shall keep attendance records of all
employees. Absence of any employee without leave may result in possible disciplinary action,
including discharge.
SECTION 21. HOLIDAYS
A. Holidays which fall on Saturday shall be observed on the preceding Friday, and holidays
which fall on Sunday shall be observed on the following Monday. Paid holidays are only
for the observed days.
B. The City of Diamond Bar's observed paid holidays are as follows:
1. New Year's Day (January 1)
2. Washington's Birthday (observed the third Monday in February)
3. Memorial Day (observed the last Monday in May)
4. Independence Day (July 4)
5. Labor Day (observed first Monday in September)
6. Veteran's Day (November 11)
7. Thanksgiving Day
8. Day following Thanksgiving Day
9. Christmas Eve (December 24)
10. Christmas Day (December 25)
11. Two (2) Floating Holidays
SECTION 22. FLOATING HOLIDAYS
A. Each full time employee is allowed two (2) floating holidays (8 hours each) per calendar
year, January through December.
B. Floating Holidays are not cumulative and must be used during the above period or said
employee will lose the allocated hours.
RESOLUTION 96-53 I
Page Eight
C. Each employee must submit a request in advance, and approval must be given by
the employee's supervisor and Department Head.
D. A full time employee is eligible to use a floating holiday after 30 days of
continuous employment.
E. Floating Holidays may be used in lieu of sick leave only if all other benefit time
has been exhausted.
SECTION 23. TRAINING PLAN
The City Manager and employees of the City are eligible to request specialized training in the
form of symposiums, special courses, forums, etc., at the City's expense.
SECTION 24. LEAVE OF ABSENCE
Leave of absence without pay may only be granted by the City Manager.
SECTION 25. RESIGNATION
An employee wishing to terminate employment in good standing shall file a written
resignation with the City Manager stating the effective date and reasons for leaving, at least two
(2) weeks prior to the resignation. Failure to give such notice shall mean the employee did not
terminate in good standing, unless by reason of hardship and upon that employee's request, the
City Manager has waived the two week notice requirement.
SECTION 26. ANTI -NEPOTISM PROVISION
A. Relatives of those listed below may not be employed anywhere in the City organization:
1. City Council Members;
2. Standing Board and Commission members;
3. Management Team Members of the City;
4. Employees of the City Manager's Department; or
5. Employees of the Personnel Department.
B. The employment of a relative within a department is prohibited when they:
1. Perform joint duties;
2. Share responsibility of authority;
3. Function in the same chain of command; and
4. Work on the same shift at the same work site.
RESOLUTION 96-53 I
Page Nine
C. For business reasons of supervision, safety, security or morale, the City may refuse to
place one spouse under the direct supervision of the other spouse.
D. For business reasons of supervision, safety, security or morale, an employer may refuse to
place both spouses in the same department, division, or facility if the work involves
potential conflicts of interest or other hazards greater for married couples than other
persons.
E. "Relative" means child, step -child, parent, grandparent, grandchild, brother, sister, half-
brother, half-sister, aunt, uncle, niece, nephew, parent -in-law, brother -in law, sister-in-
law, or another individual related by blood or marriage.
F. "Employee" means any person who receives a City paycheck for services rendered to the
City.
SECTION 27. NON-DISCRIMINATION
The City of Diamond Bar does hereby affirm to adopt and support a policy of non-
discrimination with regard to all phases of personnel recruitment, selection and appointment.
The City further declares that it will not exclude from participation in, deny the benefits to, or
subject to discrimination any person on the basis of race, religion, nationality, sex, age or
handicap, thereby affirming the City of Diamond Bar's posture as an equal opportunity employer.
SECTION 28. EMPLOYEE PERFORMANCE EVALUATION APPEALS
PROCEDURES
It is the intent of the City to offer fair and equitable appeals procedures for employee's
performance evaluations. Below are the official guidelines.
A. Employee and supervisor meet to review and discuss the employee's performance
evaluation.
B. The employee may respond in writing to the contents of the evaluation. This response
must be submitted to the Department Head within five (5) working days immediately
following the evaluation.
C. The Department Head, as the reviewing official, shall respond in writing to the employee
within five (5) working days. This response becomes an official part of the evaluation.
D. If the employee chooses to continue to appeal following the response from the reviewing
official, the employee must submit an additional written response to the Personnel Officer
within five (5) working days after receipt of the reviewing official's response.
RESOLUTION 96-53 I
Page Ten
E. The Personnel Officer shall review the evaluation appeal within five (5) days with the
employee, supervisor and Department Head. Every effort will be made at this level to
resolve the appeal.
F. If the matter is not settled, a written appeal may be submitted to the City Manager by the
employee within five (5) working days following the decision rendered in writing by the
Personnel Officer.
G. The City Manager shall review the appeal with the employee, supervisor, Department
head and Personnel Officer. The decision shall be rendered in writing within five (5)
working days by the City Manager, and the decision of the City Manager shall be final.
SECTION 29. POST OFFER PHYSICAL EXAMS
All individuals who become a candidate for City employment must successfully pass a
post -offer physical and substance abuse exams and are subject to fingerprinting and a background
investigation. The candidates being considered for employment will be sent to a City authorized
physician at the City's expense.
SECTION 30. EMERGENCY CALL -OUT POLICY
The following Emergency Call -Out Policy shall be adhered to:
A. When a full time employee or permanent part-time, other than an Management
employee, is called out for a City emergency, the employee shall be given a
minimum of two hours pay, regardless of the amount of time it takes to rectify the
problem.
B. The employee shall be paid overtime per Section 13.
SECTION 31. ADMINISTRATIVE LEAVE
Management employees are allowed two (2) days of administrative leave per fiscal year.
Additional days of leave may be authorized by the City Manager, based on the number of total
hours the individual works over and above 40 hours per week.
A. Management employees do not receive paid overtime, and this leave is to recognize those
employees who work over and above 40 hours per week.
RESOLUTION 96-53 I
Page Eleven
B. Following is a list of Management Team Member positions:
Accountant II
Administrative Assistant
Assistant City Manager
Assistant to the City Manager
Assistant Finance Director
Assistant Civil Engineer
Assistant Planner
Associate Engineer
Associate Planner
City Clerk
City Engineer/Director of Public Works
Communications and Marketing Director
Communications and Marketing Coordinator
Deputy City Manager
Deputy Public Works Director
Development Services Assistant
Director of Community Development
Director of Community Services
Director of Finance
Public Works Supervisor
Secretary to the City Manager/Office Manager
Senior Accountant
Senior Administrative Assistant
Senior Engineer
Senior Planner
Superintendent of Parks & Maintenance
C. Administrative leave may not be accumulated and carried over to the following year. It
must be used by June 30 of each fiscal year. Leave may be granted in hourly increments.
Requests shall be submitted to employee's immediate supervisor for approval, then
forwarded to the City Manager for approval. Administrative leave will be authorized at
the convenience of the City and the work schedule.
SECTION 32. MEDICARE
Pursuant to Revenue Billing 86-68 of the Internal Revenue Code, all employees hired
after March 31, 1987 will have 1.45 percent of their base salary deducted from their paycheck to
be paid to Medicare. The City will match the 1.45 percent as mandated by law.
RESOLUTION 96-53 I
Page Twelve
SECTION 33. IMMIGRATION REFORM AND CONTROL ACT OF 1986
In compliance with the Immigration Reform and Control Act of 1986, all new employees
must verify identity and entitlement to work in the United States by providing required
documentation.
SECTION 34. EXTENDED BENEFITS - COBRA
The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) provides for
the continuation of health care coverage to certain employees who terminated employment and
beneficiaries of employees who die, become disabled or are divorced. Employees become
eligible for continued coverage upon termination of service, whether voluntary or not (other than
termination for gross misconduct), retirement or reduction in hours worked. For these employees
and their dependents, continued coverage is available for 18 months, at their expense.
SECTION 35. TUITION REIMBURSEMENT
Subject to Council fiscal year budget authorization, each employee shall be entitled to
reimbursement in the amount of $500 per fiscal year, for college -level or university -level
educational courses (including tuition and related books), which have been approved by the
personnel Officer or his/her designate as being job-related and of value to the City.
Reimbursement under this Section is contingent upon the verification of the attainment of a letter
grade of "C" or better, or in those cases where no letter grade is given, verification of completion
of the course with a "Pass" or "Credit" grade and submittal of a receipt for registration bearing
the name of the course, for which reimbursement is being requested. In the case of
reimbursement for books for any approved/verified course; a syllabus, course reading list or
course outline showing the book as being required for the course, plus a receipt bearing the title
of the book shall be submitted.
SECTION 36. PART TIME EMPLOYEES' RETIREMENT
Effective July 1, 1991, part time, seasonal and temporary employees will be covered by a
retirement system, under Social Security (OASDI). An employee's contribution rate shall be
6.2% on wages up to $72,600. The employer's tax rate is the same. Election workers and
emergency workers are excepted from coverage, under this section.
RESOLUTION 96-53 I
Page Thirteen
ADOPTED AND APPROVED THIS day of ,1999
Mayor
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Resolution was passed, approved and adopted at a special meeting of the City Council
of the City of Diamond Bar held on the day of , 1999, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ATTEST:
LYNDA BURGESS, City Clerk of the
City of Diamond Bar
3MMUIa A
CITY OF DIAMOND BAR
SALARY RANGES BY POSITION
FY 1999-2000
Revised W1 at"
JOB TITLE
A
B
C
D
E
F
G
Receptionist
850
8.67
9.11
9.56
10.04
10.54
11.07
11.62
1,503.36
1,578.52
1,657.45
1,740.32
1,827.34
1,918.71
2,014.64
18,040.27
18,942.28
19,889.39
20,883.86
21,928.06
23,024.46
24,175.68
Jr. Clerk Typist
986
10.23
10.74
11.28
11.84
12.44
13.06
13.71
1,773.28
1,861.94
1,955.04
2,052.79
2,155.43
2,263.20
2,376.36
21,279.32
22,343.29
23,460.45
24,633.47
25,865.15
27,158.40
28,516.32
Clerk Typist
1058
10.79
11.33
11.90
12.49
13.12
13.78
14.46
1,870.85
1,964.40
2,062.62
2,165.75
2,274.03
2,387.74
2,507.12
22,450.24
23,572.75
24,751.39
25,988.96
27,288.41
28,652.83
30,085.47
Account Clerk 1
1058
10.79
11.33
11.90
12.49
13.12
13.78
14.46
1,870.85
1,964.40
2,062.62
2,165.75
2,274.03
2,387.74
2,507.12
22,450.24
23,572.75
24,751.39
25,988.96
27,288.41
28,652.83
30,085.47
Transportation
1058
10.79
11.33
11.90
12.49
13.12
13.78
14.46
Clerk
1,870.85
1,964.40
2,062.62
2,165.75
2,274.03
2,387.74
2,507.12
22,450.24
23,572.75
24,751.39
25,988.96
27,288.41
28,652.83
30,085.47
Adminstrative
1159
11.82
12.41
13.03
13.69
14.37
15.09
15.84
Analyst
2,049.08
2,151.54
2,259.11
2,372.07
2,490.67
2,615.20
2,745.96
24,588.98
25,818.42
27,109.35
28,464.81
29,888.05
31,382.46
32,951.58
Community Services
1164
11.87
12.46
13.08
13.74
14.43
15.15
15.90
Coordinator
2,057.07
2,159.92
2,267.92
2,381.31
2,500.38
2,625.40
2,756.67
24,684.83
25,919.07
27,215.02
28,575.77
30,004.56
31,504.79
33,080.03
Secretary
1164
11.87
12.46
13.08
13.74
14.43
15.15
15.90
2,057.07
2,159.92
2,267.92
2,381.31
2,500.38
2,625.40
2,756.67
24,684.83
25,919.07
27,215.02
28,575.77
30,004.56
31,504.79
33,080.03
Account Clerk 11
1164
11.87
12.46
13.08
13.74
14.43
15.15
15.90
2,057.07
2,159.92
2,267.92
2,381.31
2,500.38
2,625.40
2,756.67
24,684.83
25,919.07
27,215.02
28,575.77
30,004.56
31,504.79
33,080.03
Parks Maintenance
1227
12.52
13.14
13.80
14.49
15.21
15.98
16.77
Worker 11
2,169.59
2,278.07
2,391.97
2,511.57
2,637.15
2,769.01
2,907.46
26,035.07
27,336.83
28,703.67
30,138.85
31,645.79
33,228.08
34,889.49
Administrative
1282
13.08
13.73
14.42
15.14
15.90
16.69
17.53
Secretary
2,267.11
2,380.47
2,499.49
2,624.47
2,755.69
2,893.48
3,038.15
27,205.38
28,565.65
29,993.93
31,493.63
33,068.31
34,721.72
36,457.81
Senior Account
1282
13.08
13.73
14.42
15.14
15.90
16.69
17.53
Clerk
2,267.11
2,380.47
2,499.49
2,624.47
2,755.69
2,893.48
3,038.15
27,205.38
28,565.65
29,993.93
31,493.63
33,068.31
34,721.72
36,457.81
ScWuleA
CITY OF
DIAMOND BAR
SALARY RANGES BY POSITION
FY
1999-2000
JOB TITLE
A
B
C
D
E
F
Revised 06/18199
G
Code Enforcement
1349
13.76
14.45
15.17
15.93
16.72
17.56
18.44
Officer
2,384.60
2,503.83
2,629.02
2,760.47
2,898.49
3,043.42
3,195.59
28,615.17
30,045.93
31,548.22
33,125.63
34,781.92
36,521.01
38,347.06
Deputy City Clerk
1392
14.20
14.91
15.65
16.44
17.26
18.12
19.03
2,461.20
2,584.26
2,713.47
2,849.14
2,991.60
3,141.18
3,298.24
29,534.38
31,011.10
32,561.66
34,189.74
35,899.23
37,694.19
39,578.90
Assistant City Clerk
1392
14.20
14.91
15.65
16.44
17.26
18.12
19.03
2,461.20
2,584.26
2,713.47
2,849.14
2,991.60
3,141.18
3,298.24
29,534.38
31,011.10
32,561.66
34,189.74
35,899.23
37,694.19
39,578.90
Management
1466
14.96
15.70
16.49
17.31
18.18
19.09
20.04
Information System
2,592.27
2,721.89
2,857.98
3,000.88
3,150.93
3,308.47
3,473.90
(MIS) Technician
31,107.29
32,662.66
34,295.79
36,010.58
37,811.11
39,701.66
41,686.75
Engineering
1550
15.81
16.60
17.43
18.30
19.21
20.17
21.18
Technician
2,739.74
2,876.73
3,020.56
3,171.59
3,330.17
3,496.68
3,671.52
32,876.90
34,520.74
36,246.78
38,059.12
39,962.07
41,960.18
44,058.19
Planning
1550
15.81
16.60
17.43
18.30
19.21
20.17
21.18
Technician
2,739.74
2,876.73
3,020.56
3,171.59
3,330.17
3,496.68
3,671.52
32,876.90
34,520.74
36,246.78
38,059.12
39,962.07
41,960.18
44,058.19
Development
1550
15.81
16.60
17.43
18.30
19.21
20.17
21.18
Services Assistant
2,739.74
2,876.73
3,020.56
3,171.59
3,330.17
3,496.68
3,671.52
32,876.90
34,520.74
36,246.78
38,059.12
39,962.07
41,960.18
44,058.19
Senior Administrative
1550
15.81
16.60
17.43
18.30
19.21
20.17
21.18
Assistant
2,739.74
2,876.73
3,020.56
3,171.59
3,330.17
3,496.68
3,671.52
32,876.90
34,520.74
36,246.78
38,059.12
39,962.07
41,960.18
44,058.19
Community Relations
1550
15.81
16.60
17.43
18.30
19.21
20.17
21.18
Coordinator
2,739.74
2,876.73
3,020.56
3,171.59
3,330.17
3,496.68
3,671.52
32,876.90
34,520.74
36,246.78
38,059.12
39,962.07
41,960.18
44,058.19
Secretary to the
1667
17.01
17.86
18.75
19.69
20.67
21.71
22.79
City Manager
2,947.82
3,095.21
3,249.97
3,412.47
3,583.09
3,762.25
3,950.36
35,373.84
37,142.53
38,999.66
40,949.64
42,997.12
45,146.98
47,404.33
Assistant Planner
1667
17.01
17.86
18.75
19.69
20.67
21.71
22.79
2,947.82
3,095.21
3,249.97
3,412.47
3,583.09
3,762.25
3,950.36
35,373.84
37,142.53
38,999.66
40,949.64
42,997.12
45,146.98
47,404.33
Accountant II
1667
17.01
17.86
18.75
19.69
20.67
21.71
22.79
2,947.82
3,095.21
3,249.97
3,412.47
3,583.09
3,762.25
3,950.36
35,373.84
37,142.53
38,999.66
40,949.64
42,997.12
45,146.98
47,404.33
CITY OF DIAMOND BAR
SALARY RANGES BY POSITION
FY 1999-2000
Revised 0611 aW
JOB TITLE
A
B
C
D
E
F
G
Public Works
1667
17.01
17.86
18.75
19.69
20.67
21.71
22.79
Supervisor
2,947.82
3,095.21
3,249.97
3,412.47
3,583.09
3,762.25
3,950.36
35,373.84
37,142.53
38,999.66
40,949.64
42,997.12
45,146.98
47,404.33
Sec to the City Mgr/
1928
19.66
20.64
21.68
22.76
23.90
25.09
26.35
Office Manager
3,407.94
3,578.33
3,757.25
3,945.11
4,142.37
4,349.49
4,566.96
40,895.23
42,939.99
45,086.99
47,341.34
49,708.41
52,193.83
54,803.52
Communications &
1935
19.74
20.72
21.76
22.85
23.99
25.19
26.45
Marketing Coord.
3,421.23
3,592.29
3,771.91
3,960.50
4,158.53
4,366.45
4,584.78
41,054.76
43,107.49
45,262.87
47,526.01
49,902.31
52,397.43
55,017.30
Community Relations
1935
19.74
20.72
21.76
22.85
23.99
25.19
26.45
Manager
3,421.23
3,592.29
3,771.91
3,960.50
4,158.53
4,366.45
4,584.78
41,054.76
43,107.49
45,262.87
47,526.01
49,902.31
52,397.43
55,017.30
Assistant to the
1935
19.74
20.72
21.76
22.85
23.99
25.19
26.45
City Manager
3,421.23
3,592.29
3,771.91
3,960.50
4,158.53
4,366.45
4,584.78
41,054.76
43,107.49
45,262.87
47,526.01
49,902.31
52,397.43
55,017.30
Superintendent of
1935
19.74
20.72
21.76
22.85
23.99
25.19
26.45
Parks/Maintenance
3,421.23
3,592.29
3,771.91
3,960.50
4,158.53
4,366.45
4,584.78
41,054.76
43,107.49
45,262.87
47,526.01
49,902.31
52,397.43
55,017.30
Senior Accountant
1935
19.74
20.72
21.76
22.85
23.99
25.19
26.45
3,421.23
3,592.29
3,771.91
3,960.50
4,158.53
4,366.45
4,584.78
41,054.76
43,107.49
45,262.87
47,526.01
49,902.31
52,397.43
55,017.30
Assistant Civil
1935
19.74
20.72
21.76
22.85
23.99
25.19
26.45
Engineer
3,421.23
3,592.29
3,771.91
3,960.50
4,158.53
4,366.45
4,584.78
41,054.76
43,107.49
45,262.87
47,526.01
49,902.31
52,397.43
55,017.30
Associate Planner
2027
20.67
21.71
22.79
23.93
25.13
26.39
27.70
3,583.47
3,762.64
3,950.78
4,148.31
4,355.73
4,573.52
4,802.19
43,001.65
45,151.73
47,409.31
49,779.78
52,268.77
54,882.21
57,626.32
Associate Engineer
2027
20.67
21.71
22.79
23.93
25.13
26.39
27.70
3,583.47
3,762.64
3,950.78
4,148.31
4,355.73
4,573.52
4,802.19
43,001.65
45,151.73
47,409.31
49,779.78
52,268.77
54,882.21
57,626.32
Transportation
2027
20.67
21.71
22.79
23.93
25.13
26.39
27.70
Planner
3,583.47
3,762.64
3,950.78
4,148.31
4,355.73
4,573.52
4,802.19
43,001.65
45,151.73
47,409.31
49,779.78
52,268.77
54,882.21
57,626.32
Accounting Manager
2080
21.22
22.28
23.39
24.56
25.79
27.08
28.43
3,677.82
3,861.71
4,054.80
4,257.54
4,470.41
4,693.93
4,928.63
44,133.85
46,340.54
48,657.57
51,090.45
53,644.97
56,327.22
59,143.58
aMMUM A
CITY OF
DIAMOND BAR
SALARY RANGES BY POSITION
FY
1999-2000
JOB TITLE
A
B
C
D
E
ROVISM 0611&99
Senior Planner
2179
22.22
23.34
24.50
25.73
27.01
F
28.36
G
29.78
3,852.23
4,044.84
4,247.08
4,459.44
4,682.41
4,916.53
5,162.36
46,226.76
48,538.10
50,965.01
53,513.26
56,188.92
58,998.36
61,948.28
Senior Engineer
2179
22.22
23.34
24.50
25.73
27.01
28.36
29.78
3,852.23
4,044.84
4,247.08
4,459.44
4,682.41
4,916.53
5,162.36
46,226.76
48,538.10
50,965.01
53,513.26
56,188.92
58,998.36
61,948.28
Communications &
2365
24.12
25.33
26.60
27.93
29.32
30.79
32.33
Marketing Director
4,181.31
4,390.38
4,609.90
4,840.39
5,082.41
5,336.53
5,603.36
50,175.77
52,684.56
55,318.78
58,084.72
60,988.96
64,038.41
67,240.33
Assistant Finance
2365
24.12
25.33
26.60
27.93
29.32
30.79
32.33
Director
4,181.31
4,390.38
4,609.90
4,840.39
5,082.41
5,336.53
5,603.36
50,175.77
52,684.56
55,318.78
58,084.72
60,988.96
64,038.41
67,240.33
City Clerk
2365
24.12
25.33
26.60
27.93
29.32
30.79
32.33
4,181.31
4,390.38
4,609.90
4,840.39
5,082.41
5,336.53
5,603.36
50,175.77
52,684.56
55,318.78
58,084.72
60,988.96
64,038.41
67,240.33
Community Services
2622
26.75
28.09
29.49
30.96
32.51
34.14
35.84
Director
4,636.30
4,868.12
5,111.53
5,367.10
5,635.46
5,917.23
6,213.09
55,635.65
58,417.43
61,338.31
649405.22
67,625.48
71,006.76
74,557.09
Finance Director
2622
26.75
28.09
29.49
30.96
32.51
34.14
35.84
4,636.30
4,868.12
5,111.53
5,367.10
5,635.46
59917.23
6,213.09
55,635.65
58,417.43
61,338.31
64,405.22
67,625.48
71,006.76
74,557.09
Deputy PW Director
2622
26.75
28.09
29.49
30.96
32.51
34.14
35.84
4,636.30
4,868.12
5,111.53
5,367.10
5,635.46
5,917.23
6,213.09
55,635.65
589417.43
61,338.31
64,405.22
67,625.48
71,006.76
749557.09
Comm. Development
3045
31.06
32.61
34.24
35.95
37.75
39.64
41.62
Director
5,383.31
5,652.47
5,935.10
6,231.85
6,543.44
6,870.62
7,214.15
64,599.70
67,829.69
71,221.17
74,782.23
789521.34
82,447.41
86,569.78
City Eng/Public
3045
31.06
32.61
34.24
35.95
37.75
39.64
41.62
Works Director
5,383.31
5,652.47
5,935.10
6,231.85
6,543.44
6,870.62
7,214.15
64,599.70
67,829.69
71,221.17
74,782.23
78,521.34
82,447.41
86,569.78
Deputy City Manager
3236
33.00
34.65
36.39
38.21
40.12
42.12
44.23
5,720.63
6,006.66
6,306.99
6,622.34
6,953.46
7,301.13
7,666.19
68,647.52
72,079.90
75,683.90
79,468.09
83,441.50
87,613.57
91,994.25
City Manager *
3468
40.15
42.16
44.26
46.48
48.80
51.24
53.80
6,959.08
7,307.03
7,672.38
8,056.00
8,458.80
8,881.74
9,325.83
83,508.91
87,684.35
92,068.57
96,672.00
101,505.60
106,580.88
111,909.92
Schedule B
CITY OF DIAMOND BAR
SALARY RANGES BY POSITION
FY 1999-2000
PART TE%IE/ HOURLY
Revised 06/18199
JOB TITLE A B C D E F G
Comm. Svcs Leader
5.58
6.16
6.71
7.27
7.83
8.38
8.93
Community Svcs Leader II
7.83
8.38
8.93
9.49
10.05
10.62
11.17
Intern/Part-Time
7.83
8.38
8.93
9.49
10.05
10.62
11.17
Parks Mice Helper
7.83
8.38
8.93
9.49
10.05
10.62
11.17
Counter ClerkJPermit Tech
13.97
14.66
15.41
16.17
16.98
17.82
18.72
CITY OF DIAMOND BAR
wr m arnnflT Acimnl »n e
TO: Terrence L. Belanger, City Manager
MEETING DATE: July 6, 1999 REPORT DATE: July 1, 1999
FROM: James DeStefano, Deputy City Manager
TITLE ORDINANCE NO. 8 (1999): AN ORDINANCE OF THE CITY OF DIAMOND BAR ADOPTING BT
REFERENCE TITLE 32, FIRE CODE, OF THE LOS ANGELES COUNTY CODE; MAKING
AMENDMENTS TO SAID CODE; AMENDING TITLE 16 OF THE DIAMOND BAR MUNICIPAL
CODE.
SUMMARY:
On June 15, 1999, the City Council approved for the first reading Ordinance No. 8 (1999) adopting the County fire Code.
The County of Los Angeles Fire Department is currently providing fire protection services for the city of Diamond Bar as a
member of the Consolidated Fire Protection District. The Uniform Fire Code is revised and updated by the State every three
Years and adopts the most current Fire Codes printed by the International Fire Code Institute, the International Conference of
Building Officials and Western Fire Chief Association. The 1998 California Fire Code has been completely revised from
previous years. The revision of the Fire Code is consistent with the revisions of the Building Codes. Local jurisdictions are
required to adopt said codes by ordinance within six (6) months upon state approval or they will automatically be adopted by
operation of law. The State allows local municipalities to amend the California Fire Code to meet the unique climatic,
geographical, and topographical conditions of the City.
RECOMMENDATION:
It is recommended that the City Council approve for second reading by title only, waive full reading, and adopt Ordinance
No. 8 (1999).
LIST OF ATTACHMENTS
x Staff Reports _ Public Hearing Notification
Resolution _ Bid Specification (on file in City Clerk's Office)
x Ordinances x Other: Documents on file in the City Clerk's Office
_ Agreement(s)
EXTERNAL DISTRIBUTION: Fire Department
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been reviewed
x Yes
by the City Attorney?
—No
2. Does the report require a majority or 4/5 vote?
Majority
3. Has environmental impact been assessed?
N/A
4. Has the report been reviewed by a Commission?
N/A
Which Commission?
5. Are other departments affected by the report?
No
Report discussed with the following affected departments:
_Yes _
Fire Dent.
Terren Belanger
City Manager
James DeStefano
Deputy City Manager
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: June 9, 1999
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: (1) An Ordinance of the City of Diamond Bar adopting by reference Title 32,
Fire Code, of the Los Angeles County Code; making amendments to said code;
amending Title 16 of the Diamond Bar Municipal Code; and declaring the
urgency thereof.
(2) An Ordinance of the City of Diamond Bar adopting by reference Title 32,
Fire Code, of the Los Angeles County Code, making amendments to said code;
amending Title 16 of the Diamond Bar Municipal Code.
ISSUE STATEMENT:
The State of California reviews its Model Uniform Fire Code regulations every three years, and adopts
the most current Fire Codes printed by the International Fire Code Institute, the International Conference
of Building Officials and Western Fire Chief Association. The Los Angeles Fire Department reviews and
amended the State Fire Code to meet the unique climatic, geographical and topographical conditions of
the county. The Los Angeles County Board of Supervisors approve the State Code on June 1, 1999.
State law requires that municipalities adopt the 1998 edition of the California Fire Code ( Part 9 of Title
24 of the California Code of Regulations) and any modification thereto, by July 1, 1999. It is essential
that the City have in effect on that date a fire code that comports with state law and contains those
modifications.
RECOMMENDATION:
That the City Council receive a staff presentation, accept public testimony, and waive further reading
and introduce the attached Ordinance No. XX (1999)U for adoption on an urgency basis and introduce
for first reading Ordinance No. XX (1999).
BACKGROUND:
In June , of this _year the State adopted and approved the 1998 edition of California Fire Code as
printed and published by the International Fire Code Institute, the International Conference of Building
Officials and the Western Fire Chiefs Association, including appendices I -C and excluding all other
appendices. The State allows the city to amend the Fire Code within six (6) months upon state
approval. This year the local adoption is July 1, 1999.
DISCUSSION:
The Building staffs has reviewed the proposed ordinance along with the Los Angeles County approved
ordinance and strongly recommends that the City Council adopts the proposed City Ordinance.
The Los Angeles County Code Title 32, amends the state code in the following manner:
It clarifies the police powers of the Fire Prevention Bureau, gives the Fire Marshall authority, requires
plans and specifications, high -piled combustible storage regulations, identification of very high fire
hazard severity zones, premise identification (addresses), access requirements, temporary place of
assembly, bonfire and rubbish fire requirements, describes high-rise structure requirements, pool drafts
system requirements, fire department notification for fire alarms.
ORDINANCE NO. (1999)
AN ORDINANCE OF THE CITY OF DIAMOND BAR
ADOPTING BY REFERENCE TITLE 32, FIRE CODE, OF
THE LOS ANGELES COUNTY CODE; MAKING
AMENDMENTS TO SAID CODE; AND AMENDING TITLE
16 OF THE DIAMOND BAR MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES ORDAIN
AS FOLLOWS:
Section 1. Chapter 16.00 (Fire Code) of the Diamond Bar Municipal Code is
hereby amended to read as follows:
"CHAPTER 16.00."
FIRE CODE
16.00.010. Adopted.
Except as hereinafter provided in this Title, Title 32, Fire Code, of the Los Angeles
County Code, as amended and in effect on July 1, 1999, which constitutes an amended version
of the California Fire Code, 1998 Edition (Part 9 of Title 24 of the California Code of
Regulations), including Appendix I -C and excluding all other appendices, is hereby adopted by
reference and shall constitute and may be cited as the Fire Code of the City of Diamond Bar.
In the event of any conflict between provisions of the California Fire Code,
1998 Edition, Title 32 of the Los Angeles County Code, or any amendment to the Fire Code
contained in the Diamond Bar Municipal Code, the provision contained in the later listed
document shall control.
A copy of Title 32 of the Los Angeles County Code, along with a copy of the
Uniform Fire Code, 1997 edition, has been deposited in the office of the City Clerk of the
City of Diamond Bar and shall be at all times maintained by the Clerk for use and examination
by the public.
16.00.020. Amendments to Fire Code.
Notwithstanding the provisions of Section 16.00.010, the Fire Code is amended by
deleting Sections 103.4.7 and 103.4.8 and Articles 89 and 100.
16.00.030. Violations.
(a) Every person who violates, or who fails to comply with any of the requirements of,
any provision of the Fire Code, this Chapter or Chapter 16.04, or any provision of any permit
or license granted hereunder, or any rule, regulation or policy promulgated pursuant hereto, is
guilty of a misdemeanor and shall be punishable as provided in Section 1.04.010 of the
Diamond Bar Municipal Code, unless such violation is otherwise declared to be an infraction
by Section 16.00.050 of this Chapter. Each such violation is a separate offense for each and
every day during any portion of which such violation is committed.
(b) Every violation determined to be an infraction hereunder is punishable in such
manner and to such extent as is provided by Section 1.04.020 of the Diamond Bar Municipal
Code.
(c) For the purposes of this Section a forfeiture of bail shall be equivalent to a
conviction.
16.00.040. Responsibility.
Any person who personally or through another willfully, negligently, or in violation of
law sets a fire, allows a fire to be set, or allows a fire kindled or attended by such person to
escape from his or her control, allows any hazardous material to be handled, stored or
transported in a manner not in accordance with nationally recognized standards, allows any
hazardous material to escape from his or her control, neglects to properly comply with any
written notice of the chief, or willfully or negligently allows the continuation of a violation of
the Fire Code and amendments thereto is liable for the expense of fighting the fire or for the
expenses incurred during a hazardous materials incident, and such expense shall be a charge
against that person. Such charge shall constitute a debt of such person and is collectible by the
public agency incurring such expenses in the same manner as in the case of an obligation under
a contract, expressed or implied.
16.00.050 List of Infractions.
In accordance with Section 16.00.030 of this Chapter, the violation of the following
Sections or Subsections of the Fire Code shall be infractions:
Section
901.4.4
Premises identification
902.2.4
Obstructing and control of fire apparatus access
1001.5.1
Maintenance of fire -protection systems and equipment
1001.5.3
Systems out of service
1001.6.2
Fire hydrant and fire appliances
1002
Portable fire extinguishers
1102.3
Open burning
1103
Combustible materials
1105
Asphalt kettles
1109.4
Smoking
1109.5
Burning objects
1109.6
Hot ashes and spontaneous ignition sources
1115.3
Fire prevention regulations
1115.5
Portable fire protection equipment
1115.7
Maintenance of access
1117.2
Structures
1118.17
Fire roads and firebreaks
1207.3
Locking devices
1207.6
Door identification
1210.3
Storage under stairways
1212.4
Illumination
2401.9
Smoking
2901.6.2
Lubricating oil
3004.3
Waste removal
3008.5
Combustible waste
3213
Means of egress illumination
3221.2
Vegetation removal
3221.3
Storage
3404
Fire apparatus access roads
3601.6
Fire protection
3601.7
Smoking
4501.4
Smoking
4501.5
Welding warning signs
4502.3.3
Filter disposal
4502.8.2
Fire extinguishers
4502.9
Operations and maintenance
4503.7.1
General
4503.8
Dip tank covers
4504.3.2
Signs
4504.4
Maintenance
4505.6.1
Dust accumulation
4506.6
Sources of ignition
4606.21
Smoking
4607
Housekeeping
5201.7
Sources of ignition
7401.5.1
General
7401.6
Security
7607
Smoking and open flames
7901.7.2
Maintenance and operating practices
7901.10
Sources of ignition
7902.5.3
Empty containers and portable tanks
7904.3.2.1
Storage tanks and sources of ignition
7904.4.7
Sources of ignition
7904.4.9
Fire protection
7904.6.4
Smoking
8001.8
Signs
8003.1.12
Clearance from combustibles
8004.1.8
Signs
8004.3.5
Clearance from combustibles
8208
Smoking and other sources of ignition
8209
Clearance to combustibles
8506
Extension cords and flexible cords"
Section 2. Chapter 16.04 of the Diamond Bar Municipal Code is hereby
readopted.
Section 3. The City Council does hereby expressly find and determine that the
amendments to the "California Fire Code," 1998 Edition, set forth in this Ordinance, including
the amendments in Title 32 of the Los Angeles County Code, are reasonably necessary because
of local climatic, geological or topographic conditions. This express finding is supported and
based upon the following more specific findings and determinations:
a. Located throughout the City of Diamond Bar, as well as in the surrounding
cities, are numerous concentrations of structures which have roofs constructed of thinly cut
pieces of wood, otherwise known as untreated shakes, as well as untreated wood shingles.
These untreated wood shakes and shingles are extremely combustible in nature.
b. The City of Diamond Bar, as well as the surrounding cities, is located in an
area climatically classified as "arid" and prone to winds of high velocity. Moreover, due to
the arid nature of the area, the weather during the windy periods tends to be very warm and
dry. The dry weather conditions are very hazardous to the surrounding undeveloped hillsides
and wild lands which neighbor highly populated areas.
C. Because of the above-described climatic and meteorological conditions, the
City of Diamond Bar and the surrounding cities have historically suffered from occasional
structural and brush fires. These have often been difficult to control due to the high velocity,
dry winds carrying sparks and cinders to surrounding structures with roofs constructed as
described in paragraph a. above.
d. The City of Diamond Bar is located in a seismically active area and is in close
proximity to earthquake fault zones (Whittier fault, just south of Tonner Canyon; Chino fault
passes within a mile of the city's eastern boundary), and it is reasonably foreseeable that an
earthquake would render the City of Diamond Bar particularly vulnerable to devastation.
Further, the City of Diamond Bar is bisected by major freeways, located primarily in a north -
south direction. Substantial number of flood control facilities additionally exist, as well as
freeway overpasses and major railroad right-of-ways.
C. Because of the above-described geological conditions within the city, and the
substantial amount of freeway, railroad, and flood control facilities throughout the community,
the City of Diamond Bar, in the event of an earthquake, may be unable to dispatch an adequate
number of fire personnel and apparatus to suppress fires and conduct rescue operations.
Moreover, the conditions within Diamond Bar likewise occur in surrounding communities,
hereby rendering mutual aid assistance problematic, at best.
f. Furthermore, climatic conditions within the community render it extremely
likely that, in the event of seasonal high winds and earthquake occurring, the County Fire
Department would be unable to suppress numerous fires occurring throughout the community.
Section 4. All inconsistencies between the Fire Code, as adopted by this
Ordinance, and the 1998 edition of the California Fire Code, as set forth in Part 9 of Title 24
of the California Code of Regulations, are changes, modifications, amendments, additions or
deletions thereto authorized by California Health and Safety Sections 17958.5 and 17958.7.
Section 5. To the extent the provisions of this Ordinance are substantially the
same as previous provisions of the Diamond Bar Municipal Code, these provisions shall be
construed as continuations of those provisions and not as new enactment.
Section 6. If any section, subsection, sentence, clause, phrase, part or portion
of this Ordinance is for any reason held to be invalid or unconstitutional by any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions of
this Ordinance. The City Council hereby declares that it would have passed and adopted this
Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof,
irrespective of the fact that any one or more of said sections, subsections, sentences, clauses,
phrases, parts or portions may be declared invalid or unconstitutional.
PASSED. APPROVED AND ADOPTED this _ day of July, 1999.
Mayor
I, LYNDA BURGESS. City Clerk of the City of Diamond Bar, do hereby certify that the foregoing
Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on
The day of , 1999, and was finally passed at a regular meeting of the City Council of
Diamond Bar held on the day of , 1999 by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST:
City Clerk
City of Diamond Bar
UFTY 01'DIAMOND DAli
AGENDA REPORT
AGENDA NO. 214
TO: Honorable Mayor and Members of the City Council
MEETING DATE: July 6, 1999 REPORT DATE: July 1, 1999
FROM: Terrence L. Belanger, City Manager
TITLE: "An Ordinance Restricting Parking Within Diamond Bar Preferential Parking
District No. 2 and Amending the Diamond Bar Municipal Code Accordingly"
SUMMARY: The City Council reviewed the parking situation on Fallow Field Drive and
Pasco Court on June 1, 1999. The City Council directed staff to amend the Preferential Parking
District No. 2 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, the Council directed staff to develop limited, less then 7par king
spaces, employee parking for First Mortgage Corporation (FMC) on the east side of Fallow Field
Drive. It is recommended that only 5 commercial parking permits be issued. Along the west
side of Fallow Field Drive from Brea Canyon Cut-off Road to Pasco Court there will be "No
Parking Anytime". The implementation and uniformity of these signs will accommodate both
the residents and business needs and will assist in the enforcement of the parking regulations.
RECOMMENDATION: It is recommended that the City Council receive testimony,
introduce for first reading and waive full reading of Ordinance No. XX "An Ordinance
Restricting Parking Within Diamond Bar Preferential Parking District No. 2 and Amending the
Diamond Bar Municipal Code Accordingly".
LIST OF ATTACHMENTS: X Staff Report Public Hearing Notification
Resolution(s) Bid Specification
X Ordinance(s) Other:
Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
1.
Has the resolution, ordinance or agreement been reviewed X
Yes
No
by the City Attorney?
_
2.
Does the report require a majority vote? X
Yes
No
3.
Has environmental impact been assessed? N/A
Yes
_
No
4.
_
Has the report been reviewed by a Commission? X
Yes
No
Which Commission? Traffic & Transportation
_
5.
Are other departments affected by the report? X
Yes
No
Report discussed with the following affected departments: Sheriff's Department
_
REVIEWED BY:
*effenc L. Belang r
City Manager
-FLI
James DeStefano
Deputy City Manager
A. MLiu
Deputy Director of Public Works
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: July 6, 1999
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: "An Ordinance Restricting Parking Within Diamond Bar Preferential
Parking District No. 2 and Amending the Diamond Bar Municipal Code
Accordingly"
ISSUE STATEMENT:
Should the City Council adopt an Ordinance revising Preferential Parking District #2 on Fallow
Field Drive and Pasco Court?
RECOMMENDATION:
It is recommended that the City Council receive testimony, introduce for first reading and waive
full reading of Ordinance No. XX "An Ordinance Restricting Parking Within Diamond Bar
Preferential Parking District No. 2 and Amending the Diamond Bar Municipal Code
Accordingly".
FINANCIAL SUMMARY:
Twenty-one signs would need to be replaced at a cost of $3,150.00. The Employee Parking
Permits will cost approximately $200.00, and First Mortgage Corporation will reimburse the City
for the cost of the permits.
BACKGROUND/DISCUSSION:
At the City Council Meeting of June 1, 1999 the City Council reviewed the recommendations
and requested Staff bring back an Ordinance amending Preferential Parking District #2. The
current verbiage on the parking signs in the Fallow Field Drive area, Preferential Parking District
No. 2, is "2 Hour Parking, 8:00 a.m. to 5:00 p.m., Monday through Friday, Except by Permit". It
is proposed that these signs be amended to read "No Parking, 8:00 a.m. to 5:00 p.m., Monday
through Friday, Except by Permit." There will be two different types of permits, residential and
commercial permits.
The amended Preferential Parking District No. 2, would consist of Residential Parking,
Commercial (Employee) Parking and No Parking Anytime areas (See Exhibit "A"). The
residential parking would be on both sides of Fallow Field Drive from 3200 Fallow Field Drive
to Malad Court, including all of Pasco Court. The Commercial (Employee) Parking would be on
the east side of Fallow Field Drive from Diamond Bar Boulevard/Brea Canyon Cut-off Road
intersection for 166 feet or to 44 feet south of 3200 Fallow Field Drive. This area is the frontage
street parking adjacent to First Mortgage Corporation (FMC). The No Parking Anytime area
would be on the west side of Fallow Field Drive from Diamond Bar Boulevard/Brea Canyon
Cut-off intersection to Pasco Court.
2
Staff has discussed the proposal with the Los Angeles County Sheriff's Department, which
concurs with Staff's suggestion. The amendment and changing of the signs will enable the Los
Angeles Sheriff's Department to better enforce the restrictions. The residents would not lose
their ability to park on the streets on weeknights and weekends. The City would still issue both
Annual and Temporary parking permits to all residents, and the City would issue no more than
five Employee Parking Permits for use by FMC employees in front of their building. Staff has
measured the area to be used by FMC and the area maintains a 44 -foot buffer from the first
residential house at 3200 Fallow Field Drive.
The Traffic and Transportation Commission has previously forwarded its recommendations of:
"Parking, 8:00 a.m. — 5:00 p.m., Monday — Friday, Residential Parking Permit Only"; from the
first house immediately north of FMC and along Fallow Field Drive including Pasco Court up to
Malad Court on both sides of Fallow Field Drive; and in front of FMC (on the west side of
Fallow Field Drive) - "No Parking, 8:00 a.m. to 5:00 p.m. Monday through Friday." The Traffic
and Transportation Commission would allow the parking spaces along the east side of Fallow
Field Drive in front of FMC to be available to everyone.
Furthermore, at the June 15, 1999 Traffic and Transportation Commission Meeting, there was
discussion regarding the parking recommendations. The Commission requested clarification
regarding the use of the street parking by FMC. The California Vehicle Code states in Section
22507 (a) " ...The ordinance or resolution may include a designation of certain streets upon
which preferential parking privileges are given to residents and merchants adjacent to the streets
for their use and the use of their guests, under which the residents and merchants may be issued a
permit or permits that exempt them from the prohibition or restriction of the ordinance or
resolution...A local ordinance or resolution adopted pursuant to this section may contain
provisions tat are reasonable and necessary to ensure the effectiveness of a preferential parking
program."
The City has the authority to allow merchant/commercial parking on local streets in a preferential
parking district.
At the request of FMC, the County of Los Angeles Board of Supervisors has approved the
removal of the "No Parking Anytime" signs along Diamond Canyon Road from Brea Canyon
Cut-off Road to a point 1,000 feet southerly (accommodating approximately 50 parking spaces).
The removal of the signs is to allow for FMC employees to park in the parking spaces. Based
upon staff observation and reports from FMC, the area is being utilized by some car-pooling
vehicles. To alleviate this problem, the County of Los Angeles has agreed to allow the City to
implement an Employee Parking Permit program for the area. For the Diamond Canyon Road
only 50 permits will be issued to FMC employees.
All residents and FMC were notified in a letter on June 28, 1999 regarding the City's review of
the existing parking restrictions and recommendation of "No Parking, 8:00 a.m. to 5:00 p.m.,
Monday through Friday, Except by Permit" along both sides of Fallow Field Drive from Brea
Canyon Road to Malad Court, including Pasco Court.
Report Prepared by:
Kellee A. Fritzal
Assistant to the City Manager
3
ORDINANCE NO — (1999)
AN ORDINANCE AMENDING DIAMOND BAR PREFERENTIAL PARKING
DISTRICT NO. 2, RESTRICTING PARKING THEREIN AND AMENDING THE
DIAMOND BAR MUNICIPAL CODE ACCORDINGLY
WHEREAS, there is a shortage of on -street parking on certain residential streets
within the City, and parking restrictions have been imposed to facilitate short term
parking and the efficient use of street parking spaces; and
WHEREAS, the City wishes to increase the availability of street parking spaces
for residents and merchants in accordance with Section 22507 of the California Vehicle
Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR DOES HEREBY ORDAIN AS FOLLOWS:
Section 1
Section 10.16.1360 of Chapter 10.16 of Title 10 of the Diamond Bar Municipal Code
is hereby amended to read as follows:
1110.16.1360 Diamond Bar Preferential Parking District No. 2
(a) Diamond Bar Preferential Parking District No. 2, Purpose. The purpose of
the Diamond Bar Preferential Parking District No. 2 is to reduce noise, litter, blockage of
residential driveways and to allocate residential and eeffmytt� commercial parking in the
residential area, thereby increasing the availability of parking spaces for residents,
merchants and employees of merchants.
(b) Diamond Bar Preferential Parking District No. 2, Boundary. The area
bounded as described below shall be designated the Diamond Bar Preferential Parking
District No. 2:
Beginning at the intersection of Silver Cloud Drive and Fallow Field Drive; then
southerly along Fallow Field to the centerline of Fallow Field Drive and Brea Canyon
Cutoff Road; then including the entire street of Pasco Court; and more specifically
delineated by a plot set forth on Exhibit "A" attached hereto and by this reference
incorporated herein.
(c) Diamond Bar Preferential Parkin District No. 2 Residential Parking
Restrictions.
No Parking from 8:00 a.m. to 5:00 p.m. Monday through Friday
except with an Annual or Temporary Parking Permit in the following areas:
Street Location
Fallow Field Drive Both sides of the street from Malad Court to the property
line of 3200 Fallow Field Drive
Pasco Court Both sides of the street from Fallow Field Drive to the end
of the cul de sac (20900 — 20965 Pasco Court).
(d) Diamond Bar Preferential Parking District No 2 Commercial Parking
Restrictions. No parking from 8:00 a.m. to 5:00 p.m. Monday through Friday, except
with a Commercial Parking Permit in the following areas:
Street Location
Fallow Field Drive East side of Fallow Field Drive from Diamond Bar
Boulevard/Brea Canyon Cut -Off Road intersection for 166
feet, or to 44 feet south of 3200 Fallow Field Drive.
(e) Diamond Bar Preferential Parking District No 2 No Parking Area. No
parking any time, in the following areas:
Street Location
Fallow Field Drive West side of Fallow Field Drive from Diamond Bar
BoulevardlBrea Canyon Cut-off Road intersection to Pasco
Court.
(f) (d) Diamond Bar Preferential Parking District No 2 Permit Types. The
following are the types of permits that will be issued in the Diamond Bar Permit Parking
District No. 2:
(1). Annual Permit renewed annually; available only to residents.
(2). Temporary Permit, valid for up to five (5) days; available to residents for
their use or for the use of their guests.
(3). Commercial Permit; renewed yearly; available only to merchants and
employees of merchants with businesses located within the District for their
use.
(g) (e) -Diamond Bar Preferential Parking District No. 2 Number of Permits. No
more than two Annual Permits shall be issued per single family residence; no more than
one Annual Permit shall be issued per multi -family residence; an unlimited number of
Temporary Permits may be allocated to residents within the District; no more than five
Commercial Permits shall be issued per business location."
Section 2.
The City Clerk is directed to certify the passage and adoption of the Ordinance
and to cause it to be published or posted as required by law.
Section 3.
If any section, subsection, sentence, clause, portion, or phrase of this Ordinance
is for any reason held to be unconstitutional by a decision or any court of any competent
jurisdiction, such decision shall not affect the validity of the remaining sections,
subsections, sentences, clauses, portions, or phrases of this Ordinance. The City Council
hereby declares that it would have passed this Ordinance and each and every section,
subsection, sentence, clause, portion, or phrase of the Ordinance would be subsequently
declared invalid or unconstitutional.
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 City Council of the City
of Diamond Bar held on day of , 1999 and was finally passed at a regular
meeting of the City Council of the City of Diamond Bar held on the day of
1999, by the following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAINED:
COUNCIL MEMBERS:
ATTEST:
Lynda Burgess, City Clerk
City of Diamond Bar
CITY OF DIAMOND BAR
AGENDA REPORT
AGENDA NO.
TO: Honorable Mayor and Members of the City Council
MEETING DATE: July 6, 1999
REPORT DATE: June 29, 1999
FROM: Terrence L Belanger, City Manager
TITLE: Resolution No. 99 -XX "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 at Spadra Landfill."
SUMMARY:
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 -tons -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.
RECOMMENDATION:
It is recommended that the City Council of the City of Diamond Bar approve Resolution No. 99 -XX
"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 at Spadra Landfill."
LIST OF ATTACHMENTS: X Staff Report _Public Hearing Notification
X Resolution(s) _ Bid Specification
_ Ordinance(s) _Other:
Agreement(s)
F.XTRUNAT. DI.RTRTRUTION:
SUBMITTAL CHECKLIST:
1.
Has the resolution, ordinance or agreement been reviewed
_Yes
_ No
by the City Attorney?
2.
Does the report require a majority vote?
X Yes
_ No
1
Has environmental impact been assessed? N/A
_ Yes
_ No
4.
Has the report been reviewed by a Commission? N/A
_ Yes
_ No
5.
Are other departments affected by the report?
_ Yes
X No
Report discussed with the following affected departments:
REVIEW B
Terrence L. Belan er Anne M. Haraksin
City Manager. Administrative Assistant
CITY COUNCIL REPORT
MEETING DATE: July 6, 1999
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Resolution No. 99 -XX "A Resolution of the City Council of the City of
Diamond Bar, California, Declaring its Opposition to the Siting and
Construction of any Refuse Management Facility at Spadra Landfill."
ISSUE STATEMENT:
Should the City Council of the City of Diamond Bar adopt a Resolution declaring its opposition to
the siting and construction of any refuse management facility at Spadra Landfill?
RECOMMENDATION:
il of the City of Diamond Bar adopt a Resolution declaring
It is recommended that the City Counc
of any refuse management facility at Spadra Landfill.
its opposition to the siting and construction
FINANCIAL SUMMARY:
No financial impact.
BACKGROUND DISCUSSION:
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 -tons -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.
The City of Walnut stated to the City of Pomona at a meeting held at the Sanitation District Office
on Wednesday, May 26, 1999, that the City will oppose any proposed waste handling project at the
Spadra Landfill. The Walnut City Council, at its May 26, 1999 City Council Meeting, unanimously
approved Resolution No. 4324 declaring and memorializing its opposition to the siting and
construction of any refuse handling facility at Spadra Landfill.
Like Walnut, the City of Diamond Bar and its residents have lived as good neighbors in close
proximity to the Spadra Landfill for almost 40 years. Throughout the years, the City Council and
the residents were of the understanding that no other waste handling facility would be constructed
on any portion of the Landfill known as Spadra. Approval of this Resolution would state Diamond
Bar's opposition to the siting and construction of any refuse management facility at Spadra
Landfill.
RESOLUTION NO. 99 -
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 AT SPADRA LANDFILL
WHEREAS, the City of Diamond Bar and its residents have lived as good neighbors in
close proximity to the Spadra Landfill for almost 40 years, and
WHEREAS, for all these years the Diamond Bar City Council and the community at large
were of the understanding that no other waste handling facilities would be constructed on any
portion of the Landfill known as Spadra, and
WHEREAS, Diamond Bar residents have lived adjacent to the Landfill and have been
directly impacted by the ongoing operations at the Spadra Landfill.
NOW, THEREFORE, the City Council of the City of Diamond Bar does resolve as follows:
The City Council hereby declares their opposition to the siting and construction of any
refuse handling facility at Spadra Landfill.
PASSED, APPROVED AND ADOPTED this day of '1999.
Mayor
I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing
Resolution was passed, approved and adopted at a regular meeting of the City Council of the City
of Diamond Bar held on the day of 1999, by the following
Roll Call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
Lynda Burgess, City Clerk
City of Diamond Bar
MEMORANDUM
CITY OF DIAMOND BAR
TO: Mayor and Members of the City Council
FROM: Council Member Ansari and Herrera, City Council Legislation Sub
Committee
SUBJECT: Support of Waiver of Federal Communication Commission (FCC) Ruling
Regarding Block Number Assignments and Technology Specific Area
Code Overlays
DATE: July 1, 1999
Recommendation:
It is recommended that the City Council send a letter in support of an FCC waiver regarding block
number assignments and technology specific area code overlays.
Issue:
Shall the City Council send a letter in support of the California Public Utilities Commission petitions
to request the Federal Communication Commission to allow technology specific area code overlays
and the sharing of block phone numbers.
Background:
The State of California is experiencing a proliferation of new area codes. In 1997 there were only
14 area code for the entire State and by the end of 1999 there will be 26 area codes in the State.
With the institution of new area codes, the California Public Utilities Commission (CPUC) has
instituted both geographic splits and overlays. The geographic split 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 both
codes function simultaneously. With the two area codes, all calls need to use 11 -digit dialing. In
California there is 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 said relief through Block Number Assignments and Technology Specific are
code overlays. The Los Angeles County Board of Supervisors has supported the CPUC's petitions.
Block Number Assi!nments
The competition for local phone service and the popularity of telecommunication devices are
consuming prefixes in California. When a new telecommunication company requests phone number
to provide to potential customers, they receive a block of 10,000 phone numbers in each area code,
if so desired. Due to the block number assignments, one company may have access to 1,000,000
phone numbers, and only 100,000 of these numbers are assigned to actual customers. A system
where phone companies would share prefixes, perhaps getting numbers in 1,000 blocks instead of
10,000, would meet the company's competitive needs and consumers' needs. Due to GTE and
Pacific Bell not wanting to voluntarily commence the number pooling, the California Public Utilities
Code (CPUC) would need to obtain the FCC approval to compel California carriers to comply with
the number pooling.
Service Specific Area Codes
The FCC prohibits segregating telecommunications services or technologies (equipment) to one new
area code. The proliferation of new phone numbers can be linked to the increase in pagers, cellular
phones and modem/data services. There is a proposal to create area codes specific to the technology,
thus eliminating the need for new area codes for a majority of the customers. The FCC prohibits the
placing of technology specific area codes due to the thought that it would disadvantage the
telecommunications service to actively compete with local phone companies due to customer
preference of using similar area codes.
Diamond Bar — New Area Code
The City of Diamond Bar will be part of an overlay effective in February 2001. The CPUC approved
an area code overlay for the 714 area in Orange County beginning October 7, 2000. The 909 area
in Riverside and San Bernardino Counties will first receive an area code split, with a new area code
in the southern section on February 12, 2000, and then on February 10, 2001, the remaining 909 area
in the northern section will get an overlay (Diamond Bar is in the northern section). By November
4, 2000, customers in the 909 area will hear a recording advising them to redial using the area codes.
By February 2001, new telephone installations in the Diamond Bar area will receive a new area code.
Report Prepared by:
Kellee A. Fritzal
9
0, y.
MEMORANDUM
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: TERRENCE L. BELANGER, CITY MANAG 4t) --e _(��
RE: CODE ENFORCEMENT SUBCOMMITTEE APPOINTMENTS
DATE: JULY 6, 1999
RECOMMENDATION:
It is recommended that the City Council appoint two City Council Members to a Code
Enforcement Subcommittee.
BACKGROUND:
At the June 15, 1999 City Council Study Session it was suggested that a Council
Subcommittee be appointed to review Code Enforcement issues.
Currently, the Code Enforcement Officer works closely with the Public Works and
Building & Safety staff to deal with code enforcement related problems. The City
generally operates on a reactive basis. During the last two years, the Code Enforcement
Officer has responded to 800-1000 documented cases annually. Most cases involve
property maintenance related issues (i.e. debris, appliances that have not been removed
from the premises). Other cases involve landscape issues, illegal construction (patios,
new roofs), inoperable vehicles, etc.
The 1999-00 Annual Budget creates a new, part-time Code Enforcement Officer position.
Therefore, the City will be able to focus more attention on Code Enforcement activities.
The purpose of the Subcommittee is to review Code Enforcement and make
recommendations to the City Council.
TB/JDS : ah
AGENDA NO. 9.5
MEMORANDUM
CITY OF DIAMOND BAR
TO: Mayor and Members of the City Council
FROM: Council Member Ansari and Herrera, City Council Legislation Sub
Committee
SUBJECT: SUPPORT OF H.R. 1315 (DREIER)
DATE: July 1, 1999
Recommendation:
It is recommended that the City Council support H.R. 1315 (Dreier) and send letters in support:to
the Representative on the Committee on Banking and Financial Services.
Issue:
The Community Development Block Grant (CDBG) program was established through the
Housing and Community Development Act of 1974. The primary
program of decent housing grantee ander
the Title is the development of viable urban communities, by providing
suitable living environment 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 slums 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 towards community service
projects. Due to the Los Angeles Riots, there was a five (5) 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 Fiscal Year 1997-98. Local cities and the County of Los Angeles
have been lobbying to create the 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.
H.R. 1315 eliminates the fiscal year limitation on the percentage of Community Development Block
Grant funds received by the City and County of Los Angeles (and all cities in Los Angeles County)
that may be used to provide public services. The bill would allow for local control for the most
efficient use of CDBG funds.
Report Prepared by:
Kellee A. Fritzal
Received Data
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�vPO'sfDF References to this bill in the Link to the Bill Full Dis la - 2,182
ersion of this bill Congressional Record Summary &Status file. bytes. LHS}
Public Services Flexibility Act (Introduced in the House)
HR 1315 IH
106th CONGRESS
1st Session
H. R. 1315
To amend the Housing and Community Development Act of 1974 to eliminate the fiscal year
limitation on the cap on the percentage of community development block grant funds received by the
City and County of Los Angeles, California, that may be used to provide public services and to
provide that all communities in the County of Los Angeles receiving such block grant funds may use
the same percentage of such amounts to provide public services as the City and County of Los
Angeles.
IN THE HOUSE OF REPRESENTATIVES
March 25, 1999
Mr. DREIER introduced the following bill; which was referred to the Committee on Banking and
Financial Services
A BILL
To amend the Housing and Community Development Act of 1974 to eliminate the fiscal year
limitation on the cap on the percentage of community development block grant funds received by the
City and County of Los Angeles, California, that may be used to provide public services and to
provide that all communities in the County of Los Angeles receiving such block grant funds may use
the same percentage of such amounts to provide public services as the City and County of Los
Angeles.
Be it enacted by the Senate and House of Representatives of the United States of America in
Congress assembled,
http://thomas.loc.gov/cgi-bin/query 6/30/99
Received Data In
SECTION 1. SHORT TITLE.
This Act may be cited as the `Public Services Flexibility Act'.
SEC. 2. PUBLIC SERVICES CAP.
Section 105(a)(8) of the Housing and Community Development Act of 1974 (42 U.S.C. 5305
(a)(8)) is amended by striking `in each of fiscal years 1993' and all that follows through `unit of
general local government' and inserting the following: `in any fiscal year to the City of Los
Angeles, the County of Los Angeles, or any other unit of general local government located in
the County of Los Angeles, such city, such county, or each such unit of general local
government, respectively,'.
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6/30/99
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Bill Summary & Status for the 106th Congress
NEW SEARCH I HOME I HELP I ABOUT COSPONSORS
H.R.1315
— —
SPONSOR: RepTDreier, David (introduced 03/25/99)
COSPONSORS(6):
Rep Sherman Brad - 05/06/99 Rep Dixon Julian C - 06/07/99
Rep- iller,Gary - 06/09/99 RepHorn -.Stephen - 06/17/99
Rep Rogan, James. E. - 06/22/99 Rep Martinez -, Matthew _G. - 06/29/99
http://thonias.loc-gov/cgi-bin/bdquery/z?d 106:HRO1315-.@ @ @P 7/1/99
MEMORANDUM
TO: HONORABLE MAYOR AND MEMBERS OF THE �CIITY COUNCIL
E
FROM: TERRENCE L. BELANGER, CITY MANAGER ` t �"
RE: RECOMMENDATION TO SUPPORT SB 676 (SHER)
DATE: JULY 6, 1999
RECOMMENDATION:
The following piece of currently proposed State Legislation is recommended for the City
of Diamond Bar's City Council support:
SB 676 (Sher): SUPPORT
The State Assistance for Recycling Markets Act of 1989 requires the Department of
General Services to set a goal for the 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. This 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 their recycled paper product purchasing. The bill would also
delete the repeal provision.
Without sustained demand for recycled products, jurisdictional efforts to achieve
Assembly Bill 939's (AB 939) 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.
Attachments
HARRY W. STONE
CHAIJMne 16, 1999
LOS ANGELES COUNTY
SOLID WASTE MANAGEMENT COMMITTEE!
INTEGRATED WASTE MANAGEMENT TASK FORCE
900 SOUTH FREMONT AVENUE, ALHAMBRA, CALIFORNIA 91803-1331
P.O. BOX 1460, ALHAMBRA, CALIFORNIA 91802-1460
The Honorable Wen Chang
City of Diamond Bar
21660 East Copley Drive, Suite 100
Diamond Bar, CA 91765-4177
Dear Mayor Chang:
STATE LEGISLATIVE BILL IMPACTING SOLID WASTE MANAGEMENT
SENATE BILL 676 (AS AMENDED APRIL 12, 1999)
As a followup to my May 12, 1999, letter regarding proposed State Legislative Bills
impacting solid waste management, the Los Angeles County Integrated Waste
Management Task Force (Task Force) would like to bring to your attention Senate Bill 676
(SB 676) (as amended on April 12, 1999). SB 676, if enacted, would require that half of
the paper products to be purchased by any State agency must be made of recycled
content paper. Currently, pursuant to State law, this requirement is only a goal.
For many years, the Task Force has advocated a stronger role by the State in developing
markets for recycled products. Without sustained demand for recycled products,
jurisdictional efforts to achieve Assembly Bill 939's (AB 939) 50 percent 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.
While local jurisdictions have made tremendous efforts to divert materials from landfill
disposal, these efforts have generally addressed the "supply" side of the recycling
equation. The State is in a unique position to significantly increase the "demand" side of
the recycling equation, since it is the largest purchaser of paper products in California.
SB 676 recognizes this and, if enacted, would have a positive impact in assisting local
jurisdictional efforts to close the recycling loop.
On behalf of the Task Force, I strongly urge you to contact Senator Byron Sher, author of
SB 676, and your State legislative representatives informing them of your support for this
Bill. For your convenience, I have enclosed a sample letterthat may be of use in preparing
your City's communication to Senator Sher.
SAMPLE LETTER
, 1999
The Honorable Byron Sher
State Capitol, Room 2082
Sacramento, CA 95814
Dear Senator Sher:
SENATE BILL 676 (AS AMENDED APRIL 12, 1999)
RECYCLED PAPER PRODUCTS
STATE PURCHASING
Our City suoaorts Senate Bill 676 (SB 676) - Recycled Paper Products: State Purchasing.
We commend you for sponsoring SB 676 requiring State agencies to spend half the funds
allocated for paper products on recycled paper products. SB 676 acknowledges that by
redirecting the purchasing power of State agencies, as the largest governmental agencies
in California, sustained markets for recycled -content materials can be substantially
enhanced. By strengthening the State's recycled product procurement program,
jurisdictions have a better chance to meet the 50 percent waste reduction mandate as
required by the California Integrated Waste Management Act of 1989 (AB 939, as
amended), which you authored.
Therefore, the City of supports SB 676. Should you have any questions,
please contact
Sincerely,
Mayor, City of
cc: Speaker of the Assembly (Antonio R. Villaraigosa)
Senate President Pro Tem (John Burton)
Chairman of the Los Angeles County Board of Supervisors (Don Knabe)
Los Angeles County Integrated Waste Management Task Force (Ginger Bremberg)
June 16, 1999
Page 2
Thank you for your consideration and support. Should you have any questions, please
contact me at the City of Glendale, at (818) 548-4844, or contact Mr. Mike Mohajer, of the
Los Angeles County Department of Public Works, at (626) 458-3502, Monday through
Thursday, 7:00 a.m. to 5:30 p.m.
Sinc ely,
��
GINGE BREMBERG, Vice -Chair
Los Angeles County Solid Waste Managemen Committee/
Integrated Waste Management Task Force and
Mayor, City of Glendale
PA: my
P:1secksb676
Enc.
cc: City Recycling Coordinators
Each Member of the Los Angeles County Integrated Waste Management Task Force
SB 676 Senate Bill - AMENDED
BILL NUMBER: SB 676 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 12, 1999
INTRODUCED BY Senator Sher
(Coauthors: Senators Chesbro, Hughes, and Perata)
FEBRUARY 24, 1999
An act to amend Section 12162 of the Public Contract Code,
relating to recycling.
LEGISLATIVE COUNSEL'S DIGEST
SB 676, as amended, Sher. 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 the 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.
This 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
their recycled paper product purchasing. The bill would also delete
the repeal provision.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12162 of the Public Contract Code is amended to
read:
12162. (a) At least 50 percent of the total dollar amount of
paper products purchased or procured shall be a recycled paper
product, as defined in Section 12161. In addition, at least 25
percent of the total fine writing and printing paper purchased or
procured shall be a recycled paper product, as defined in Section
12161.
(b) All state agencies shall report to the department and to the
board on their progress in meeting the requirements of subdivision
(a) and Section 12205. The department shall develop a uniform
reporting procedure which state agencies shall follow. If at any
time a requirement has not been met, the department, in consultation
with the board, shall review procurement policies and shall make
recommendations for immediate revisions to ensure that the
requirement is met. The department, in consultation with the board,
shall present its recommendations on these procurement policies to
the Legislature in the department's annual report pursuant to Section
12225.
(c) (1) All state agencies shall give a price preference, not to
exceed 10 percent, to recycled paper products, if the product's
fitness, quality, and availability are comparable to nonrecycled
products. The board, in consultation with the department, shall
establish, on or before May 1, 1994, and every two years thereafter,
Page 1 of 2
http://www.leginfo.ca.gov/publbilllsenlsb_0651-0700/sb_676_bill_ 19990412_amended_sen.htm6/29/99
SB 676 Senate Bill - AMENDED
price preferences for the purposes of meeting the goals set forth in
this section and Section 12205 for recycled products. For those
priority commodities, as defined by the board, the price preference
established by the board shall not be less than 5 percent. The board
shall publish the established price preferences annually in the
board's report to the Legislature pursuant to Section 40507 of the
Public Resources Code.
(2) In establishing the price preferences, the board shall take
into consideration all of the following factors:
(A) Materials that comprise the largest percentage of the state's
solid waste stream.
(B) Materials that have the highest percentage of postconsumer
material.
(C) Materials that require expanded markets.
(D) Any other market factors as determined by the board.
(3) The combined dollar amount of preference granted pursuant to
this section and any Ether provision of law shall not exceed one
hundred thousand dollars ($100,000).
(d) Notwithstanding paragraph (1) of subdivision (c), the recycled
paper bidder preference shall not exceed fifty thousand dollars
($50,000) if a preference exceeding that amount would preclude an
award to a small business that offers nonrecycled paper products and
is qualified in accordance with Section 14838 of the Government Code.
(e) The board shall implement a pilot program, from January 1,
1994, to January 1, 1997, for funding claims submitted by state
agencies for providing the price preferences required by this section
and Section 12205. A state agency's purchase of recycled paper
products pursuant to subdivision (a) shall be ineligible for claims
under the pilot program. on or before March 31, 1996, in conjunction
with the annual report required by Section 40507 of the Public
Resources Code, the board shall report to the Legislature and to
the Governor on the pilot program and make recommendations
concerning the continuation or modification of the program. A sum of
not more than three hundred thousand dollars ($300,000) total, or
one hundred thousand dollars ($100,000) annually, shall be expended
for the purposes of implementing the pilot program. This subdivision
shall be operative only if adequate funds for the pilot program are
made available.
Page 2 of 2
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4104
REDEVELOPMENT AGENCY OF THE CITY OF DIAMOND BAR IQ
REGULAR MEETING OF THE BOARD OF DIRECTORS
JUNE 15, 1999
CALL TO ORDER: Chairman Ansari called the meeting to order at 11:27 p.m. in the
South Coast Air Quality Management District Auditorium, 21865 E. Copley Drive, Diamond
Bar, California.
ROLL CALL: Agency Members Chang, Herrera, O'Connor, Vice Chairman Huff
and Chairwoman Ansari.
Also present were: Terrence L. Belanger, Executive Director; Mike Jenkins, Agency
Attorney; James DeStefano, Deputy City Manager; David Liu, Deputy Public Works Director;
Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Mike Nelson,
Communications and Marketing Director, and Tommye Cribbins, Deputy Agency Secretary.
2. PUBLIC COMMENTS: Jeff Koontz, Executive Director, Chamber of Commerce, thanked
Council and staff members for participating in the Chamber's golf outing. He urged everyone
to participate in the upcoming Small Business Seminar on the fourth Tuesday of the month at
SCAQMD.
3. CONSENT CALENDAR: AM/O'Connor 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 1, 1999.
3.2 APPROVED VOUCHER REGISTER - dated June 15, 1999 in the amount of $7,238.00.
4. PUBLIC HEARINGS: None
5. OLD BUSINESS:
5.1 RESOLUTION NO. RA99-05: A RESOLUTION OF THE DIAMOND BAR
REDEVELOPMENT AGENCY APPROVING AND ADOPTING A BUDGET FOR THE
DIAMOND BAR REDEVELOPMENT AGENCY FOR THE FISCAL YEAR
COMMENCING JULY 1, 1999 AND ENDING JUNE 30, 2000, INCLUDING THE
APPROPRIATION OF FUNDS FOR ACCOUNTS, DEPARTMENTS, DIVISIONS,
OBJECTS AND PURPOSES THEREIN SET FORTH -
ED/Belanger recommended that the Budget be approved as amended in accordance
with staffs presentation. An additional $350,000 is proposed for the following:
Streetscape enhancement including the addition of trees and other vegetation on the
medians located on major thoroughfares. In the case of landscape parkway
improvements, these are parkways that are currently paved over or have no vegetation.
There are three such locations on Golden Springs Dr., one on the east side of Golden
Springs at Torito Ln., a second on the west side of Golden Springs Dr. at EI Encino Dr.,
JUNE 15, 1999
PAGE 2 REDEVELOPMENT AGENCY
and the third on the east side of Golden Springs Dr. at Ballena Dr. The project would
provide vegetation and irrigation to beautify those three parkways.
VC/Huff stated that Council received a memorandum this evening which consolidates
items discussed at previous Council study sessions. Certain budget items were carried
forward from the regular budget to the Redevelopment Agency budget.
In reply to C/Ansari, CM/Belanger explained that the General Counsel services is an
allocation to provide an amount of money for special legal services in developing
Development and Disposition Agreements and other kinds of documents over the
course of the fiscal year in addition to regular duties in connection with Redevelopment
Agency matters.
Following discussion, VC/Huff moved, AM/Herrera seconded, to adopt Resolution No.
RA99-05 adopting a Budget for the Fiscal Year commencing July 1, 1999 and ending
June 30, 2000, including the Appropriation of Funds for Accounts, Departments,
Divisions, Objects and purposes therein set forth. 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
6. NEW BUSINESS:
None
7. AGENCY MEMBER COMMENTS: Chair/Ansari reported that it is good to see the Allstate
and Travelers buildings going up and that it is good to have business development occurring
in D.B.
AGENCY ADJOURNMENT: There being no further business to conduct, Chair/Ansari adjourned
the meeting at 11:41 p.m.
TOMMYE CRIBBINS
ATTEST: Deputy Agency Secretary
Chairman
K4 3,
DIAMOND BAR REDEVELOPMENT AGENCY
INTEROFFICE MEMORANDUM
TO: Chairman Ansari and Board of Directors
FROM: Linda G. Magnuson' Finance Director
SUBJECT: Voucher Register, July 6, 1999
DATE: June 30, 1999
Attached is the Voucher Register dated July 6,1999 for the Diamond
Bar Redevelopment Agency. The checks will be produced after any
recommendations and the final approval is received.
Please review and sign the attached.
DIAMOND BAR REDEVELOPMENT AGENCY
VOUCHER REGISTER APPROVPiL
The attached listing of vouchers dazed ly 0�, 1999 have been
JL -
reviewed, approved, and recommended for payment. Payments are
hereby allowed from the foliowing funds in these amounts
'
FUND DESCRIPTION
610 REDEVELOPMENT AGENCx FUND
REPORT FOR ALL FUNDS
APPROVED BY:
Finance Director
PREPAID
.00
Eileen R. Ansari
Chairman
Robert A. Huff
Executive ��rec�or Vics Chairman
VOUCHERS TOTAL
4,951.94 4,951.94
4,951.94
R» NS: 07/01/199 m:a:S
Ftu33EIc-RC-mQc%£2
CLARION ESLaa m%2GB<eEf
G92@Q-
SAGE OF S CITIES
GdnR@3- -
meeFERINC
g07110 -46411-R0198-464111
egRe«%5mlw- Al
Q9a6«APm!%-46411,
R±wIR6WATSON &»R«N
61911« y-
m�
d2x6#' -
Sm fu A
dJ2y� y-
mn±E PAR EER@«a AGENCY
33«eReee
AGE:!
@E 7,w: m Zl 9
PREPAID
S# IW33 RSee1m
AMOUNT me a
GrC 2415 Dr. 7
la.J
.J% me«S
.y
ST VOUCHERE
lM.S
29: 3-E VENDOF
!a./
J++ CONc-MYR.M`PT,HRREP
25 m
SIAL mews
.00
TOTAL 6««R
2&10
2&L ALE «#3
225.00
01703-10-11 m».gJ-R� R+E
13.W
9703-10-11 me.SSeq rEg3P
407,2
5703-10-11 mE.ge-RQ 9$#
186.6.m
TOTAL 59«2
.m
TOTAL VOUCHERS
K77.50
TOTAL DUE «@m
101 Rc= e3aoee%T
13250
CYT'H'IC
.w
TOTAL m3$m
13250
TOTAL AGE'
\37,50
gz 9E 253E g1/-:FS*R
2«50
TOTAL g9mm
.y
gIh m3Fe
&«y
TOTAL DUEI r
,y
502 22 9« JJ« � sect MI
Iw.c
JQ
&"T A. .SSS :
lOf
REKDRTIS» RJQm .S
p AGI CYT& AGR 5
R 999
FE'ISr_ \auw
DIAMOND BAR REDEVELOPMENT AGENCY
AGENDA REPORT
AGENDA N0. � 3
TO: Terrence L. Belanger, Executive Director
MEETING DATE: July 6,1999
REPORT DATE: Jun 20,1999
FROM: Linda G. Magnuso6 Finance Director
TITLE:
Treasurer's Report — May 31, 1999
SUMMARY:
Submitted for the Redevelopment Agency Board's review and approval is the Treasurer's Statement for the
month of May 1999.
RECOMMENDATION:
Review and approve.
LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification
— Resolution(s) _ Bid Specification (on file in City
Clerk's office)
_ Ordinance(s) _ Other:
— Agreement(s)
SUBMITTAL CHECKLIST:
1.
Has the resolution, ordinance or agreement been reviewed
Yes No
by the City Attorney?
2.
Does the report require a majority vote?
Yes_ No
3.
Has environmental impact been assessed? 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? WA
Yes No
Report discussed with the following affected departments:
_ _
REVIEWED BY: DEPARTMENT HEAD:
T4L
err L. Belanger
Executive Director
+Ud G. Magn s
Finance Director
DIAMOND BAR REDEVELOPMENT AGENCY REPORT
AGENDA NO.
MEETING DATE: July 6,1999
TO: Chairman and Members of the Board
FROM: Terrence L. Belanger, Executive Director
SUBJECT: Treasurer's Statement — May 31, 1999
ISSUE STATEMENT:
Per Agency policy, the Finance Department presents the monthly Treasurer's Statement for the
Redevelopment Agency Board's review and approval.
RECOMMENDATION:
Approve the May 1999 Treasurer's Statement.
FINANCIAL SUMMARY:
No fiscal impact.
BACKGROUND:
Submitted for the Board's review and approval is the Treasurer's Statement for the month of May
1999. This statement shows the cash balances for the Redevelopment Agency, with a breakdown of
bank account balances, investment account balances and the effective yield earned from
investments.
PREPARED BY:
Linda G. Magnuson
DIAMOND BAR REDEVELOPMENT AGENCY
TREASURER'S MONTHLY CASH STATEMENT
REDEVELOPMENT AGENCY FD
TOTALS
SUMMARY OF CASH:
DEMAND DEPOSITS:
INVESTMENTS:
May 31,1999
BEGINNING TRANSFERSENDING
BALANCE RECEIPTS DISBURSEMENTS IN f 0411) BALANCE
$1,041,870.23 $24,126.59 $1,017,743.64
$1,0411870.23 $0.00 $24126.59 $0.00 $1,017,743.64
GENERAL ACCOUNT $34,703.14
TOTAL DEMAND DEPOSITS $34,703.14
TIME CERTIFICATES 983,040.50
LOCAL AGENCY INVESTMENT FD 0.00
TOTAL INVESTMENTS $983,040.50
TOTAL CASH
$1,017,743.64
Note: The Redevelopment Agency approved a development and disposition agreement with "Triple T Diamond Gateway, LLC'
This agreement requires the Agency to invest $983,040.50 in a Time Certificate of Deposit. The agreement
provides that the developer guarantee the current LAW investment yield.
L.A.LF - Effective Yield for May 1999 5.086%
Certificate of Deposit Yield (11/16/98 - 5/16/99) 4.500%
A� ,
Terrence L. Belanger, Treasurer
MEMORANDUM
TO: Honorable Chairman and Redevelopment Agency Members
VIA: TerrenceL. Belanger, ,Executive Direc �
FROM: Linda G. Magnuson, Finance Director
DATE: July 6, 1999
SUBJECT: Advance and Reimbursement Agreement Number 14
Recommendation:
It is recommended that the Redevelopment Agency adopt a resolution approving Advance and
Reimbursement Agreement Number 14, with the City of Diamond Bar, in the amount of $15,500.
Discussion:
In September 1996, the Redevelopment Agency proceeded with a redevelopment plan adoption
process for the Diamond Bar Economic Revitalization Area. Included within this project area is
Lemon Avenue between Golden Springs and the northerly city limit. The $15,500 requested in
this Advance and Reimbursement Agreement #14 will be used to fund the design of landscape and
irrigation improvements for the medians located along this section of Lemon Avenue.
RESOLUTION NO.
A RESOLUTION OF THE DIAMOND BAR REDEVELOPMENT
AGENCY APPROVING ADVANCE AND REIMBURSEMENT
AGREEMENT NUMBER 14 WITH THE CITY OF
DIAMOND BAR
The Diamond Bar Redevelopment Agency hereby finds, determines, resolves and
orders as follows:
SECTION 1. The Advance and Reimbursement Agreement Number 14, for
Administrative and Overhead Expenses, attached hereto as Exhibit "A", is hereby approved. The
Chairman is hereby authorized and directed to execute such Advance and Reimbursement
Agreement Number 14 for and on behalf of the Agency.
PASSED, APPROVED AND ADOPTED this day of '1999.
Chairman
I, Lynda Burgess, Secretary of the Diamond Bar Redevelopment Agency, do hereby certify that
the foregoing Resolution was passed, adopted and approved at a regular meeting of the Diamond
Bar Redevelopment Agency held on the day of
vote:
AYES: AGENCY MEMBERS:
NOES: AGENCY MEMBERS:
ABSENT: AGENCY MEMBERS:
ABSTAINED: AGENCY MEMBERS:
ATTEST:
1999, by the following
Lynda Burgess, Secretary
CITY OF DIAMOND BAR — REDEVELOPMENT AGENCY
AGENCY REPORT AGENDA NO. ifR . 5
TO: Honorable Chairman and Board Members
MEETING DATE: July 6, 1999 REPORT DATE: July 1, 1999
FROM: Terrence L. Belanger, Executive Director
TITLE: Professional Design Services Contract Amendment with Inca Engineers, Inc. for the
Golden Springs Drive/Lemon Avenue Street Rehabilitation Project
SUMMARY: The Agency has previously approved professional design services for the Lemon
Avenue Street Rehabilitation Project between Golden Springs Drive and the northerly city limits.
The project consists of the removal and replacement of deteriorated pavement sections along with
a street overlay treatment. This project has also been combined with the Golden Springs Drive
Street Rehabilitation and Median Project (between Brea Canyon Road and the westerly city
limits). With the existing raised asphalt concrete/dirt medians along Lemon Avenue, there is the
opportunity to landscape these medians to create a cohesive landscape design within the city.
RECOMMENDATION: That the Redevelopment Agency approve and authorize the Chair to execute
the contract amendment with INCA Engineers, Inc. for the Golden Springs Drive/Lemon Avenue
Street Rehabilitation Project, in an amount not -to -exceed $15,500.00.
LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification
_ Resolution(s) _ Bid Specification
x Agreement(s) x Other: INCA's proposal dated 6/9/99
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been reviewed
x Yes _ No
by the City Attorney?
2. Does the report require a majority or 4/5 vote?
Majority
3. Has environmental impact been assessed?
N/A _ Yes _ No
4. Has the report been reviewed by a Commission?
N/A _ Yes _ No
Which Commission?
5. Are other departments affected by the report?
N/A _ Yes _ No
REVIEWED BY:
Terrence L. Belan er James DeStefanoLiu
City Manager Deputy City Manager Deputy Director of Public Works
REDEVELOPMENT AGENCY REPORT
_
MEETING DATE: July 6, 1999 AGENDA NO.
TO: Honorable Chairman and Board Members
FROM: Terrence L. Belanger, Executive Director
SUBJECT: Professional Design Services Contract Amendment with Inca Engineers, Inc.
for the Golden Springs Drive/Lemon Avenue Street Rehabilitation Project.
ISSUE STATEMENT
Consideration of an amendment to an existing contract to provide additional design services for
Golden Springs Drive/Lemon Avenue Street Rehabilitation Project incorporating landscaped
medians along Lemon Avenue.
RECOMMENDATION
That the Redevelopment Agency approve and authorize the Chair to execute the contract
amendment with INCA Engineers, Inc. for the Golden Springs Drive/Lemon Avenue Street
Rehabilitation Project, in an amount not -to -exceed $15,500.00.
FINANCIAL SUMMARY
Originally $83,346.00 ($75,346,00 contract amount and $8,000.00 contingency) was allocated
from the Redevelopment Agency. An additional $15,500.00 is requested to be allocated by the
Redevelopment Agency.
BACKGROUND/DISCUSSION
On February 17, 1998, the Redevelopment Agency awarded INCA Engineers, Inc. the
professional design services contract in the amount of $75,346.00 for the Golden Springs Drive
Street Rehabilitation and Median Project and the Lemon Avenue Street Rehabilitation Project.
The project consists of the overlay and removal and replacement of deteriorated pavement
sections along Golden Springs Drive (between Brea Canyon Road and the westerly City limits)
and Lemon Avenue (between Golden Springs Drive and the northerly City limits) and the
construction of raised landscaped medians along Golden Springs Drive between Gona Court and
Lemon Avenue.
Lemon Avenue currently has raised asphalt concrete/dirt medians. There is opportunity to
landscape these medians to create a cohesive landscape design within the city, staff discussed the
possibility of incorporating landscape design for the existing asphalt concrete/dirt medians located
on Lemon Avenue. At stafFs request, INCA Engineers has given the fee proposal for the
additional median landscape design work for Lemon Avenue between Golden Springs Drive and
the northerly City limits.
The landscape theme will be similar to Golden Springs Drive, incorporating some trees, turf and
colorful flowers. The irrigation system can be designed with the subterranean system and may bid
as an alternate item in order to get competitive bids. This system will eliminate the overhead
water sprays and excessive run-off onto the streets. However, the cost to install and maintain this
system will be much greater than the regular overhead irrigation system. INCA Engineers will
prepare a cost estimate for the two irrigation systems for staff review.
An additional $15,500.00 is requested for this additional scope of work, with the proposed total
contract amount of $90,846.00.
Prepared by: David Liu/Rose Manela
AMENDMENT NO. 1
TO THE AGENCY'S CONSULTING SERVICES AGREEMENT
This Agreement (Amendment No. 1) is made and entered into this 6'h day of July,
1999, between the REDEVELOPMENT AGENCY OF THE CITY OF DIAMOND BAR, a
Municipal Corporation (hereinafter referred to as "AGENCY") and INCA Engineers, Inc.
(hereinafter referred to as "CONSULTANT").
A. RECITALS:
(i.) The AGENCY entered into an Agreement, with INCA Engineers. Inc. to
provide Professional Engineering Services, which the Agreement was dated February 17. 1998.
(ii.) CONSULTANT submitted a proposal, a full, true and correct copy of
which is attached hereto as Exhibit "D" to increase the contract amount by $15,500.00.
NOW, THEREFORE, it is agreed by and between AGENCY and CONSULTANT:
Section 1: Section 1. A. Scope of Services of the Agreement is hereby amended to
read as follows:
"A. Scope of Services. The nature and scope of the specific services to be
performed by Consultant are as described in Exhibits `B", "C" and "D" for the Golden Springs
Drive/Lemon Avenue Street Rehabilitation Project, the Consultant's Response, dated November.
12, 1997, January 16, 1998and June 22, 1999 to the Agency's Request for Proposals."
Section 2: Section 1. B. Level of Services/Time of Performance of the Agreement
is hereby amended to read as follows:
"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 Exhibits `B", "C" and "D".
Section 3: Section 3 of the Agreement is hereby amended to read as follows:
Compensation. "Agency agrees to compensate Consultant for each
service which Consultant performs to the satisfaction of Agency in compliance with the schedule
set forth in Exhibits `B", "C" and "D". Payment will be made only after submission of proper
invoices in the form specified by Agency. Total payment to Consultant pursuant to this
Agreement shall not exceed Ninety Thousand Eight Hundred Forty Sig dollars
($90,846.00).
Section 4: Each party to this Amendment No. 1 acknowledges that no
representation by any party which is not embodied herein nor any other agreement, statement, or
promise not contained in this Amendment No. 1 shall be valid and binding. Any modification of
this Amendment No. 1 shall be effective only if it is in writing signed by the parties.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 as of the day
and year first set forth above:
APPROVED AS TO FORM: CONSULTANT:
INCA ENGINEERS, INC.
Lo
General Counsel
ATTEST:
Agency Secretary
DATE:
Pat Nicholson
Associate
REDEVELOPMENT AGENCY OF
THE CITY OF DIAMOND BAR
Chair