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HomeMy WebLinkAbout8/3/1999Tuesday, August 3,1999 4:00 p.m. — Town Hall Meeting 5:45 p.m. — Closed 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 smolang, 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 CONMESSION AND COh&IITTEE MEETINGS) PUBLIC INPUT The meetings oftbe Diamond Bar City Council are open to the public. A member ofthe public may address the Council on the subject of one or more agenda items and/or other items of interest which are within the subject matter jurisdiction ofthe Diamond Bar City Council. A request to address the Council should be submitted in person to the City Clark. As a general Wile the opportunity for public comments will take place at the discretion ofthe Clair. however, in order to facilitate the meeting, persons who are interested parties for an item may be requested to give their presentation at the time the item is called on the calendar. The Chair may limit the public input on any item or the total amount of time allocated for public testimony based on the number of people requesting to speak and the business of the Council. Individuals are requested to refrain from persaul attacks towards Council Mernbers or other citizens Comments which are not conducive to a positive business meeting environment are viewed as attacks against the entire City Council and will not be tolerated. Your cooperation is greatly appreciated In accordance with Government Code Section 54954.3(a) the Chair may from time to time dispense with public comment on items previously considered by the Council. (Does not apply to Committee meetings.) In accordance with State Law (Brown Acts all matters to be acted on by the City Council must be pasted at least 72 hours prior to the Council meeting. In case of emergency, or when a subject matter arises subsequent to the pasting ofthe agenda, upon nuking certain findings the Council may act on an item that is not on the posted agenda CONDUCT IN THE CITY COUNCIL CHAMBERS The Chair shall order removed from the Council Clambers any person who commits the following acts in respect to a regular or special meeting ofthe Diamond Bar City Council. A Disorderly behavior toward the Council or any member of the staff thereof; tending to interrupt the due and orderly cause of said meeting. B. A breach of the peace, boisterous conduct or violent disturbance, tending to interrupt the due and orderly course of said meeting. C. Disobedience of any lawful order of the Chair, which shall include an order to be seated or to refrain from addressing the Board, and D. Any other unlawful interference with the due and orderly conduct of said meeting. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL Agendas for the regular Diamond Bar City Council meetings are prepared by the City Clerk and are available 72 howl prior to the meeting. Agendas are available electronically and may be accessed by a personal computer through a phone modem Every meeting ofthe City Council is recorded on cassette tapes and duplicate tapes are available for a nominal charge. ADA REQUIREMENTS A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. Sign language interpreter services are also available by giving notice at least three business days in advance ofthe meeting. Please telephone (909) 860-2489 between 8 am. and 5 p.m. Monday through Friday. HELPFUL PHONE NUMBERS Copies of Agenda, Rules ofthe Council, Cassette Tapes of Meetings (909) 860-2489 Compute Access to Agendas (909) 860 -LINE General Information (909) 860-2489 NOTE: ACTION MAY BE TAKEN ON ANY ITEM IDENTIFIED ON THE AGENDA. Next Resolution No. 99-64 Next Ordinance No. 11(1999) TOWN HALL MEETING: 4:00 p.m. regarding Solid Waste SCAQMD Auditorium 1. CLOSED SESSION: 5:45 p.m., Room CC -8 a) Conference with Legal Counsel - Existing Litigation, Government Code Section 54954.5: City of Diamond Bar vs. State of California b) Conference with Legal Counsel - Pending Litigation, Government Code Section 54954.5: City of Diamond Bar vs. State of California 2. CALL TO ORDER: 6:30 p.m., August 3, 1999 PLEDGE OF ALLEGIANCE: Mayor INVOCATION: Reverend James Kelly, St. Denis Catholic Church ROLL CALL: Council Members Ansari, Herrera, Huff, Mayor Pro Tem O'Connor, Mayor Chang APPROVAL OF AGENDA: Mayor 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Proclaiming August 3, 1999 at `NATIONAL NIGHT OUT." 4. PUBLIC COMAENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is voluntary). There is a five minute maximum time limit when addressing the City Council. 5. SCHEDULE OF FUTURE EVENTS: 5.1 CONCERTS IN THE PARK - "Sam Morrison Band" (Country AUGUST 3, 1999 N PAGE 2 Western) - August 4, 1999 - 6:30 - 8:00 p.m., Sycamore Canyon Park, 22930 Golden Spgs. Dr. 5.2 PLANNING COMMISSION - August 10, 1999 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.3 SKATEBOARD PARK COMMUNITY MEETING - August 10, 1999 - 8:00 P.M. - 10:00 p.m., Heritage Park Community Center, 2900 S. Brea Canyon Rd. 5.4 CONCERTS IN THE PARK - "Instant Replay" (Surfin'USA) - August 11, 1999 - 6:30 - 8:00 p.m., Sycamore Canyon Park, 22930 Golden Spgs. Dr. Visit with the Quakes Mascot, "Tremor." 5.5 TRAFFIC & TRANSPORTATION COMMISSION - August 12, 1999 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.6 CITY COUNCIL MEETING - August 17, 1999 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.7 CONCERTS IN THE PARK - "Future0America" (Variety ar et Canyon Show) August 18, 1999 6:30 8. p 22930 Golden Spgs. Dr. 5.8 NIGHT AT THE QUAKES - August 25, 1999 - Bus leaves City Hall at 5:30 p.m., Game Time 7:00 p.m. CONSENT CALENDAR: 6.1 APPROVAL OF MINUTES: 6.1.1 Regular Meeting of July 6, 1999 - Approve as 6.1.2 amended. Town Hall Meeting of July 10, 1999 - App rove as 6.1.3 submitted. Stud Session of July 20, 1999 - App rove as 6.1.4 submitted. Regular Meeting of July 20, 1999 - App rove as submitted. Requested by: City Clerk 6.2 PARKS AND RECREATION COMMISSION - Regular Meeting of June 24, 1999 - Receive and File. Requested by: Community Services Division 6.3 PLANNING COMMISSION MINUTES - Regular meeting of June 22, 1999 - Receive and File. Requested by: Planning Division AUGUST 3, 1999 PAGE 3 6.4 VOUCHER REGISTER - Approve Voucher Register dated August 3, 1999 in the amount of $656,683.41. Requested by: Finance Division 6.5 TREASURER'S STATEMENT - Submitted for City Council review and approval is the Treasurer's Statement for June, 1999. Recommended Action: It is recommended that the City Council review and approve the Treasurer's Statement for June, 1999. Requested by: Finance Division 6.6 AWARD OF CONTRACT FOR SKATEBOARD PARK DESIGN - Council has appropriated $200,000 from the sale of Proposition A (Transportation) funds in the 99/2000 FY Budget for design and construction of a skate board park. Staff released an R.F.P. and received one responsive proposal, from Purkiss Rose - RSI. Purkiss Rose - RSI has successfully designed over 50 skateboard parks throughout the nation, including local ones in Claremont, Rancho Cucamonga and San Dimas. Staff recommends that the contract for the design of the Skateboard Park be awarded to Purkiss Rose - RSI. RECOMMENDED ACTION: It is recommended that the City Council award a contract for design of a skateboard park to Purkiss Rose -RSI in an amount not to exceed $20,500, plus a contingency of $2,000 for reimbursables and potential additional services that may be necessary including topographic survey and geotechnical study. Requested by: Community Services Division 6.7 AWARD OF CONTRACT FOR ECONOMIC ANALYSIS FOR THE PROPOSED COMMUNITY/CIVIC CENTER - At its special meeting on June 29, 1999, Council directed staff to move forward on the Community/Civic Center Project. The next step is to complete an economic analysis of the proposed facilities on the proposed sites. Costs that will be reviewed include: land acquisition, design, grading, construction, fixtures, furnishings, landscaping and fees for construction management. Staff released an R.F.P. to obtain a consultant to provide these services and received two responses that ranged from $27,720 to $35,000. Both proposals were equal in quality with both firms having extensive experience with this type of work. However, the proposal from Economic Research Associates (E.R.A.) was $7,280 lower. E.R.A. is an international firm with a great reputation for completing the services AUGUST 3, 1999 PAGE 4 projects throughout the State and the western U.S. E.R.A. has also worked with the City before, providing support research for the D.B. Redevelopment Project Area. E.R.A. expects to complete the analysis within 60 days. Recommended Action: It is recommended that the City Council award a contract for Economic Analysis of the proposed Community/Civic Center to Economic Research Associates (E.R.A.) for the fixed fee amount of $27,720, plus a contingency cf $5,000 for support architectural services, for a total authorization of $32,720. Requested by: Community Services Division 6.8 AWARD OF CONTRACT FOR DESIGN OF PANTERA BALLFIELD LIGHTING - Council appropriated $20,000 in the 99/2000 FY budget for design of ballfield lights at Pantera Park. Staff released an R.F.P and received three proposals. Only one of the proposals was deemed by staff to be responsive. The other two firms that submitted proposals could not meet the insurance requirements stated in the RFP. Recommended Action: It is recommended that the City Council award a contract for design of ballfield lights at Pantera Park to Hirsch and Associates, in the amount of $18,890, plus a contingency of $500 for a total not to exceed amount of $19,390. Requested by: Community Services Division 6.9 RESOLUTION NO. 99 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR GOLDEN SPRINGS DRIVE AND LEMON AVENUE STREET REHABILITATION AND MEDIAN IMPROVEMENTS PROJECT - Council awarded an engineering design services contract to INCA Engineers for the Golden Springs Dr./Lemon Ave. Street Rehabilitation and Median Improvements Project. INCA Engineers coordinated with Caltrans to approve the project permit for those locations within Caltrans' jurisdiction (Lemon Ave. underpass of the 60 FWY and the Brea Canyon Road off -ramp on Golden Springs Drive.) INCA Engineers has completed the plans and specifications for the project. Recommended Action: It is recommended that the City Council adopt Resolution 99 -XX approving plans and specifications for Golden Springs Dr./Lemon Ave. Street Rehabilitation and Median Improvements Project and authorizing and directing the City Clerk to advertise to receive bids. AUGUST 3, 1999 PAGE 5 Requested by: Engineering Division 6.10 BREA CANYON SIGNALS - a) AWARD OF CONSTRUCTION CONTRACT 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 - On July 20, 1999, Council approved plans and specifications for the Traffic Signal Improvement Project at the Intersections of Brea Canyon Rd./Diamond Crest Ln., Brea Canyon Rd./Glenbrook Dr., and Brea Canyon Rd./Golden Springs. Council authorized and directed the City Clerk to advertise and receive bids. Notice to bidders was published on July 22, 1999. Four (4) bids were submitted and opened on July 29, 1999. The apparent low bidder is L.A. Signal. RECOMMENDATION: It is recommended that the City Council award a construction contract to L.A. Signal for the Traffic Signal Improvement Project at the Intersections of Brea Canyon Rd./Diamond Crest Ln., Brea Canyon Rd./Glenbrook Dr., and Brea Canyon Rd./Golden Springs in an amount not to exceed $227,605. Further, it is recommended that Council authorize a contingency amount of $15,000 for project change orders to be approved by the City Manager, for a total authorization amount of $242,605. b) AWARD OF CONTRACT 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 PROFESSIONAL INSPECTION SERVICES - At the July 20, 1999 meeting, Council approved plans and specifications for the Traffic Signal Improvement Project at the Intersections of Brea Canyon Rd./Diamond Crest Ln., Brea Canyon Rd./Glenbrook Dr., and Brea Canyon Rd./Golden Springs Dr. Staff proposes to award the Professional Inspection Services to the City's Traffic Engineer, Warren Siecke. RECOMMENDATION: It is recommended that the City Council award an inspection service contract to Warren Siecke for Professional Inspection Services for the Traffic Signal Improvement Project at the Intersections of Brea Canyon Rd./Diamond Crest Ln., Brea Canyon Rd./Glenbrook Dr., and Brea Canyon Rd./Golden Springs Dr., in an amount not to exceed $25,824. Further, it is recommended that the Council authorize a contingency amount of $5,000 for project change orders to be approved by the City Manager, for a total authorization of $30,824. AUGUST 3, 1999 PAGE 6 Requested by: Engineering Division 6.11 AWARD OF CONTRACT FOR THE GEOTECHNICAL WORK NECESSARY TO REPAIR TWO LANDSLIDES IN SYCAMORE CANYON PARK - There are two landslides in the natural area of Sycamore Canyon Park that are in need of repair. A geotechnical consultant is necessary to do the testing and design work required to develop plans and specifications for this repair. Council has appropriated $30,000 in the 99/2000 FY Budget to complete the testing, design and repair work. Staff released an R.F.P. to obtain a consultant and there were 5 responses. Staff has completed a thorough review of each proposal and has determined that Converse Consultants is the best firm to complete the services requested in the R.F.P. Recommended Action: It is recommended that the City Council award a contract for the geological testing and development of plans and specifications necessary for the repair of two landslides in Sycamore Canyon Park to Converse Consultants in the amount of $25,300 plus a contingency of $2,500 for a total not -to -exceed amount of $27,800. Requested by: Community Services Division 6.12 CONSIDERATION OF ARTICLES OF INCORPORATION AND BY-LAWS FOR THE PROPOSED DIAMOND BAR COMMUNITY FOUNDATION - The Parks Master Plan, which was adopted by Council in March 1998, recommends establishment of a 501(c)(3) non-profit foundation to assist in raising funds to implement the goals stated in the Plan. The City Attorney has developed the Articles of Incorporation and By-laws with prior input from the Parks & Recreation Commission. Council reviewed the draft documents and provided input at its study session on July 6, 1999. These documents have been amended by the City Attorney. Recommended Action: It is recommended that the City Council approve the proposed Articles of Incorporation and By-laws, as amended, and direct the City Attorney to file the appropriate documents to establish the Diamond Bar Community Foundation. It is further recommended that the City Council announce openings for the Board of Director appointments for said Foundation. Requested by: Community Services Division 6.13 SECOND READING OF ORDINANCE NO. 10(1999): AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING CHAPTER 18.108 OF TITLE 18 OF THE DIAMOND BAR MUNICIPAL CODE ADOPTING AMENDMENTS TO UPDATE THE MINIMUM NATIONAL FLOOD INSURANCE AUGUST 3, 1999 PAGE 7 PROGRAM REQUIREMENT FOR FLOODPLAIN MANAGEMENT - On July 20, 1999, Council approved First Reading by title only Ordinance No. 10(1999) adopting amendments to update the Minimum National Flood Insurance Program Requirements for Floodplain Management. Recommended Action: It is recommended that the City Council approve Second Reading by title only, waive full reading and adopt Ordinance No. 10(1999) adopting amendments to update the Minimum National Flood Insurance Program Requirements for Floodplain Management. Requested by: Engineering Division 7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as matters may be heard. 7.1 TENTATIVE PARCEL MAP NO. 23382, CONDITIONAL USE PERMIT NO. 92-1 AND OAK TREE PERMIT NO. 95-2 FOR PROPERTY LOCATED IN THE 3000 BLOCK OF STEEPLECHASE LANE(DOLEZAL) - Mr. Warren Dolezal is the owner of a 2.55 acre site located in the 3000 block of Steeplechase Lane. In June 1995, the City approved Tentative Parcel Map No. 23382, Conditional Use Permit No. 92-1, and Oak Tree Permit No. 95-2 for purposes of retaining the existing oak tree subdividing the property into four lots. In September 1998, Council denied a request to extend land use approvals and remove the oak tree. Mr. Dolezal filed an action in Superior Court to overturn the City denial. The City and Mr. Dolezal agreed to settle the dispute in April 1999. Mr. Dolezal has filed for an extension of time, reducing the project parcel map from four to three lots, and will preserve the existing oak tree. On July 27, 1999, the Planning Commission recommended approval of the requested extension of time, lot reduction and tree preservation. Recommended Action: It is recommended that the City Council open the public hearing, receive testimony, close the public hearing and direct staff to prepare a resolution of approval. Requested by: Planning Division 8. OLD BUSINESS: 8.1 DISCUSSION OF STATUS OF LANTERMAN: a) Final Report on Lanterman Developmental Task Force presented by Chairperson Sue Sisk - b) Status of Legal and Legislative Activities regarding AUGUST 3, 1999 PAGE 8 the Lanterman Development Center Forensic Expansion Project. Requested by: City Council 8.2 FIRST READING OF ORDINANCE NO. 09(1999): AN ORDINANCE RESTRICTING PARKING WITHIN DIAMOND BAR PREFERENTIAL PARKING DISTRICT NO. 2 AND AMENDING THE DIAMOND BAR MUNICIPAL CODE ACCORDINGLY - Council has reviewed the parking situation on Fallow Field Dr. and Pasco Ct. At the July 6, 1999 Meeting, Council amended Preferential Parking District No. 2 Ordinance creating "No Parking Any Time, Except by Permit" from 3200 Fallow Field Dr. to Malad Ct. including all of Pasco Ct., for residential parking. In addition, Council created 10 employee parking permits for First Mortgage Corporation (FMC); on the east and west side of Fallow Field Dr., adjacent to the FMC building. However, after review of the Ordinance, the "No Parking Any Time, Except by Permit" would create a burden on the residents when there is not a problem on weekends and weeknights. The creation of "No Parking Any Time" would mandate that the residents obtain permits for any parking on the streets. Therefore, the First Reading of Ordinance No. 9(1999) is being amended to read "No Parking 8:00 a.m. to 5:00 p.m., Monday Through Saturday." Recommended Action: It is recommended that the City Council receive testimony, introduce for first reading and waive full reading of Ordinance No. 09 restricting parking within D.B. Preferential Parking District No. 2 and amending the U.B. Municipal Code accordingly. Requested by: Engineering Division 8.3 CONSIDERATION OF STREET TREE PROGRAM - a) Median Tree Planting - To plant 543 trees on landscaped medians on D.B. Blvd. And Grand Ave. at a cost of $95,025. Funds are available in L.L.M.D. #38. Recommended Action: It is recommended that the City Council approve planting 543 trees on the landscaped medians per the tree planting plan dated February 24, 1999. It is further recommended that the City Council authorize expenditure of up to $95,025 ($175 per tree), funding with Lighting and Landscape Maintenance District #38 funds, to plant the trees. Finally, it is recommended that the City Council authorize the City Manager to execute the purchase order required to add this work to West Coast Arborists' on-call tree planting contract, in an additional amount of $95,025. AUGUST 3, 1999 PAGE 9 b) Species Replacement Program - to replace Canary Island Pines, Brisbane Box and Jacaranda trees along the major arterials because of the damage these trees do to the hardscape. Canary Island Pines will be removed and replaced during a 15 -year phased program. A variety of flowering trees will be used as replacements. Brisbane Box will be replaced through attrition and Tristania Laurina and Jacaranda trees will be replaced through attrition with Chinese Fringe. Trees that will be planted will all be sized as 24" box. Average annual cost for the phased 15 -year plan will be approximately $10,000. First year cost will include removal of raised tree well covers, removal of up to 30 hazardous trees and planting replacement trees. Total first year cost is expected to be $20,325. Recommended Action: It is recommended that the City Council approve the proposed 15 -year species replacement plan with a first year cost of $20,325 for removal of 30 Canary Island Pines, planting of 30 Crape Myrtle trees on Golden Springs between the 57 Fwy overcrossing and the western City Limits and removal of 435 tree well covers. It is further recommended that the City Council allocate $20,325 from General Fund reserves to fund this work. Finally, it is recommended that the City Council authorize the City Manager to execute the purchase orders necessary for West Coasts Arborists to remove 30 Canary Island Pines and plant 30 Crape Myrtle trees in the amount of an additional $9,450 to their existing on-call tree planting project and for Charles Abbott Assoc., to remove 435 tree well covers in the amount of an additional $10,875 to their existing Public Works contract. Requested by: Community Services Division 8.4 CONSIDERATION OF VERTICAL HOLIDAY BANNERS - Council is considering installation of holiday banners to create a festive atmosphere for the community during the holiday season. Options being considered include: 1) Posting banners adjacent to shopping centers with financial support from the shopping centers - 308 banners; 2) Posting banners along the full length of U.B. Blvd. 366 banners; 3) Posting banners adjacent to shopping centers and along the full length of U.B. Blvd. - 500 banners. The City is working with the Chamber of Commerce to determine the interest of the shopping centers to participate in this program. Cost of each banner is approximately $220 for material, printing, posting hardware and brackets, posting, removal, storage and cleaning of banners. AUGUST 3, 1999 PAGE 10 Recommended Action: It is recommended that the City Council direct staff to post up to 308 holiday banners adjacent to the shopping centers and that the cost for purchasing and posting the banners be evenly split between the City and the adjacent shopping center, with banners posted only where shopping centers agree to provide such financial support. Further, it is recommended that the City Council authorize the use of up to $33,900 in funds from the General Fund, or, if found to be eligible, Redevelopment Agency. Requested by: Community Services Division 8.5 CONSIDERATION OF PROPOSED MILLENNIUM EVE CELEBRATION - The coming of the new millenium has sparked an interest in the community for a City -sponsored celebration on December 31, 1999. Staff has developed a concept of having an event at the intersection of Grand Ave. and D.B. Blvd. Included in the event will be fireworks, entertainment, food, attractions, and the markings for a general good time. Involvement from the local shopping centers and businesses at the intersection will be sought and residents in areas that may be disrupted will be notified. The total cost for this event will not exceed $106,500 and these funds could be made available by selling $150,000 of Proposition A Transportation reserves. Many residents will be seeking close -to -home opportunities to celebrate the new millennium and the chance for the City to conduct this event is a once-in-a- lifetime opportunity. Recommended Action: It is recommended that the City Council approve the proposed community millennium eve celebration in an amount not to exceed $106,500 and direct staff to offer for sale to the highest bidder $150,000 of Proposition A Transportation reserves to fund this event. Further, it is recommended that the City Council establish a sub -committee to plan, obtain financial support for and conduct this event. Requested by: Community Services Division 9. NEW BUSINESS: None RECESS TO REDEVELOPMENT AGENCY Next Resolution No. RA99-07 1. CALL TO ORDER: Chairman ROLL CALL: Agency Members Chang, Herrera, O'Connor, VC/Huff, C/Ansari AUGUST 3, 1999 PAGE 11 2. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Agency on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the Redevelopment Agency values your comments, pursuant to the Brown Act, the Agency generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the Agency Secretary (completion of this form is voluntary). There is a five minute maximum time limit when addressing the Redevelopment Agency. 3. CONSENT CALENDAR: 3.1 APPROVAL OF MINUTES - Regular Meeting of July 20, 1999 - Approve as submitted. Requested by: Agency Secretary 3.2 VOUCHER REGISTER - Approve Voucher Register dated August 3, 1999 in the amount of $3,522.44. Requested by: Finance Division 3.3 TREASURER'S STATEMENT Submitted for Agency review and approval is the Treasurer's Statement for June, 1999. Recommended Action: It is recommended that the Redevelopment Agency Board of Directors review and approve the Treasurer's Statement for June, 1999. Requested by: Finance 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 -COMMITTEE REPORTS: 11. COUNCIL MEMBER COMMENTS: Items raised by individual Council Members are for Council discussion. Direction may be given at AUGUST 3, 1999 PAGE 12 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 Town Hall Meeting regarding Solid Waste at 4:00 p.m. in the Auditorium; a Closed Session at 5:45 p.m. in Room CC -8 and a Regular Meeting at 6:30 P.m. in the Auditorium, of the South Coast Air Quality Management District located at 21865 E. Copley Drive, Diamond Bar, California on August 3, 1999. I, Lynda Burgess declare as follows: I am the City Clerk in the City of Diamond Bar; that a copy of the agenda for the Town Hall Meeting, Closed Session and Regular Meeting, to be held on August 3, 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 30th day of July, 1999, at Diamond Bar, California. /s/ Lynda Burgess Lynda Burgess, City Clerk City of Diamond Bar VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT CITY CLERK :!:�e-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. Si ature TC FR )M: AD DRESS: OF aANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AG 7 -NDA #/SUBJECT: CITY CLERK ,t DATE: PHONE: expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. 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Council Minutes reflect my S�nature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: DATE: ADDRESS: �= ���- PHONE: ORGANIZATION: AGENDA #/SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. ignature i./_' I VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO CITY CLERK FRO A /ice �-, DATE: ADD �E.SS: -74_ PHONE/ _��J ORGANIZATION: AGENDA #/SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: CITY CLERK DATE: PHONE: fld% g,('D, &�%rf I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. n Signa u e 4I, i J VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FRC DATE:` r' ` ADC CESS; ; i PHONE. OR( WZATION: A AGE ,JDA #/SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature /* TO =Rc M: ADI: RE=SS: OR( ANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGE 'SDA #/SUBJECT: CITY CLERK DATE: 3 — PHONE: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO CITY CLERK c FROM: �-�" .ter/ �,�.�:.���s� DATE: ADDRESS: PHONE: ORGANIZATION: AGENDA #/SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature rrTTv nV nT&MnWn BAR "QUICK CAP" MINUTES AUGUST 3, 1999 TOWN HALL MEETING: 4:15 p.m. regarding Solid Waste SCAQMD Auditorium Present: Council Members Herrera and Huff, MPT/O'Connor, M/Huff. C/Ansari arrived at 5:45 p.m. Also present were: Terrence L. Belanger, City Manager; James DeStefano, Deputy City Manager; David Liu, Deputy Public Works Director; Mike Nelson, Communications and Marketing Director; Kellee Fritzal, Assistant to the City Manager and Anne Haraksin, Senior Administrative Assistant. Martha Bruske - Don Gravdahl - Paul Pistono, Athens Services - Bryan Stirratt, Bryan A. Stirratt Assoc. - Clyde Hennessee - Red Calkins - ADJOURNED STUDY SESSION: 1. CLOSED SESSION: 5:46 p.m. 5:45 p.m., Room CC -8 a) Conference with Legal Counsel - Existing Litigation, Government Code Section 54954.5: City of Diamond Bar vs. State of California b) Conference with Legal Counsel - Pending Litigation, Government Code Section 54954.5: City of Diamond Bar vs. State of California c) Conference with Legal Counsel - Existing Litigation, Government Code Section 54954.5: Amrut Patel, et al vs. City of Diamond Bar 2. CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: Catholic Church 6:45 p.m. Fire Chief Gil Herrera Reverend James Kelly, St. Denis ROLL CALL: Council Members Ansari, Herrera, AUGUST 3, 1999 PAGE 2 Hurt, Mayor Pro Tem O'Connor, Mayor Chang Also present were: Terrence L. Belanger, City Manager; Mike Jenkins, City Attorney; James DeStefano, Deputy City Manager; David Liu, Deputy Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Mike Nelson, Communications and Marketing Director and Lynda Burgess, City Clerk. APPROVAL OF AGENDA: CM/Belanger stated that Agenda item 6.12 would be removed from the Consent Calendar. 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Proclaimed August 3, 1999 at "NATIONAL NIGHT OUT." 4. PUBLIC COMMENTS: Martha Bruske - thanked the City for the inquiry placed in the Windmill seeking public input regarding the civic/community center. Suggested that no more construction be allowed on park lands. Clyde Hennessee - Objected to suggestions on the survey card that the civic/community center include a performing arts and sports center. Dr. Lawrence Rhodes - Asked the City to do something about solicitors leaving door hangers. Outlaw use of cell phones in restaurants and theaters. Stan Granger - Residents in the area of Summitridge Park object to the construction of a civic/community center on that site. Allen Wilson - Gave results of the Stanford 9 tests held in the City last year. Martha Bruske - Skateboard Park design - objected to the use of transportation funds for this. Asked that the City then curtail skateboarding in parking lots, etc. once the skateboard park is ready. Sue Sisk - Felt that a sports complex is a very needed item. Lanterman weed abatement contract - Advisory Committee agreed that the contract be brought back to the Council for public discussion. Jeff Koontz, Exec. Dir., D.B. Chamber of Commerce - highlighted the Chamber's upcoming events. Grace MacBride - Asked why MPT/O'Connor has to recuse herself from some Lanterman topics but not for every topic. Asked that the City Attorney explain the situation either at a meeting or in writing. Please explain the complaint made by AUGUST 3, 1999 PAGE 3 Lanterman. Also felt that the Lanterman weed abatement contract should be reconsidered. Jennifer Hoey - Felt that contracting with Lanterman for weed abatement would be a conflict of interest. Asked Council to reconsider the contract. Fred Encinas - Supported reconsideration of the Lanterman weed abatement contract. Supported the idea of a sports center. Asked why we don't handle parks & recreation in-house. MPT/O'Connor asked the City Attorney to explain why she must recuse herself from discussion of certain Lanterman topics. CA/Jenkins explained the law as it exists under the Political Reform Act. It is a crime for a public official to participate in a decision that would have a material impact on that official's personal finances. The conflict pertains to all Council decisions regarding the Lanterman Expansion project because the expansion would have an effect upon MPT/O'Connor's personal property. 5. SCHEDULE OF FUTURE EVENTS: 5.1 CONCERTS IN THE PARK - "Sam Morrison Band" (Country Western) August 4, 1999 - 6:30 - 8:00 p.m., Sycamore Canyon Park, 22930 Golden Spgs. Dr. 5.2 PLANNING COMMISSION - August 10, 1999 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.3 SKATEBOARD PARK COMMUNITY MEETING - August 10, 1999 - 8:00 p.m. - 10:00 p.m., Heritage Park Community Center, 2900 S. Brea Canyon Rd. 5.4 CONCERTS IN THE PARK - "Instant Replay" (Surfin'USA) - August 11, 1999 - 6:30 - 8:00 p.m., Sycamore Canyon Park, 22930 Golden Spgs. Dr. Visit with the Quakes Mascot, "Tremor." 5.5 TRAFFIC & TRANSPORTATION COMMISSION - August 12, 1999 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.6 CITY COUNCIL MEETING - August 17, 1999 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Ur. 5.7 CONCERTS IN THE PARK - "Future America" (Variety Show) - August 18, 1999 - 6:30 - 8:00 p.m., Sycamore Canyon Park, 22930 Golden Spgs. Dr. 5.8 NIGHT AT THE QUAKES - August 25, 1999 - Bus leaves City Hall at 5:30 p.m., Game Time 7:00 p.m. 6. CONSENT CALENDAR: Moved by C/Huff, seconded by C/Ansari to approve the Consent Calendar, with the exception of items 6.6, 6.11 and 6.12. Motion carried 5-0 by Roll Call vote. AUGUST 3, 1999 PAGE 4 6.1 APPROVED OF MINUTES: 6.1.1 Regular Meeting of July 6, 1999 - As amended. 6.1.2 Town Hall Meeting of July 10, 1999 - As submitted. 6.1.3 Study Session of July 20, 1999 - Continued to August 17, 1999. 6.1.4 Regular Meeting of July 20, 1999 - As submitted. 6.2 RECEIVED AND FILED PARKS & RECREATION COMMISSION MINUTES - Regular Meeting of June 24, 1999. 6.3 RECEIVED AND FILED PLANNING COMMISSION MINUTES - Regular meeting of June 22, 1999 - Receive and File. 6.4 APPROVED VOUCHER REGISTER - dated August 3, 1999 in the amount of $656,137.61. MPT/O'Connor recused herself from approval of Voucher Register items relating to the Lanterman Expansion Project: 6.5 REVIEWED AND APPROVED TREASURER'S STATEMENT - for June, 1999. 6.7 AWARDED CONTRACT FOR ECONOMIC ANALYSIS FOR THE PROPOSED COMMUNITY/CIVIC CENTER - to Economic Research Associates (E.R.A.) for the fixed fee amount of $27,720, plus a contingency of $5,000 for support architectural services, for a total authorization of $32,720. 6.8 AWARDED CONTRACT FOR DESIGN OF PANTERA BALLFIELD LIGHTING - to Hirsch & Assoc., in the amount of $18,89o, plus a contingency of $500 for a total not to exceed amount of $19,390. 6.9 ADOPTED RESOLUTION NO. 99-64: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR GOLDEN SPRINGS DRIVE AND LEMON AVENUE STREET REHABILITATION AND MEDIAN IMPROVEMENTS PROJECT - and authorized and directed the City Clerk to advertise to receive bids. 6.10 BREA CANYON SIGNALS - a) AWARDED CONSTRUCTION CONTRACT 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 - to L.A. Signal for the Traffic Signal Improvement Project at the Intersections of Brea Canyon Rd./Diamond Crest Ln., Brea Canyon Rd./Glenbrook Dr., and Brea Canyon Rd./Golden AUGUST 3, 1999 PAGE 5 Springs in an amount not to exceed $22'7,605. Further, authorized a contingency amount of $15,000 for project change orders, to be approved by the City Manager, for a total authorization amount of $242,605. b) AWARDED CONTRACT 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 PROFESSIONAL INSPECTION SERVICES - to Warren Siecke for Professional Inspection Services for the Traffic Signal Improvement Project at the Intersections of Brea Canyon Rd./Diamond Crest Ln., Brea Canyon Rd./Glenbrook Dr., and Brea Canyon Rd./Golden Springs Dr., in an amount not to exceed $25,824. Further, authorized a contingency amount of $5,000 for project change orders to be approved by the City Manager, for a total authorization of $30,824. 6.13 SECOND READING OF ORDINANCE NO. 10(1999): AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING CHAPTER 18.108 OF TITLE 18 OF THE DIAMOND BAR MUNICIPAL CODE ADOPTING AMENDMENTS TO UPDATE THE MINIMUM NATIONAL FLOOD INSURANCE PROGRAM REQUIREMENT FOR FLOODPLAIN MANAGEMENT - approved Second Reading by title only, waived full reading and adopted Ordinance No. 10(1999) to update the Minimum National Flood Insurance Program Requirements for Floodplain Management. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.6 AWARD OF CONTRACT FOR SKATEBOARD PARK DESIGN - Council has appropriated $200,000 from the sale of Proposition A (Transportation) funds in the 99/2000 FY Budget for design and construction of a skateboard park. Staff released an R.F.P. and received one responsive proposal, from Purkiss Rose - RSI. Purkiss-Rose has successfully designed over 50 skateboard parks throughout the nation, including local ones in Claremont, Rancho Cucamonga and San Dimas. Staff recommends that the contract for the design of the Skateboard Park be awarded to Purkiss Rose - RSI. In response to C/Herrera, CM/Belanger stated that no location had been decided upon as yet. Grace MacBride - Supported the concept of the construction of a skateboard park to provide a safe location for the children. Sue Sisk - Sheriff is really lax on enforcement of the helmet law for bicyclists. Encouraged Council that these laws be strictly enforced for skateboards also. Fred Encinas - Supported the construction of a park. In AUGUST 3, 1999 PAGE 6 Northern Calif., there appears to be one large park with small, portable satellites available. Objected to the use of Brea employees to operate the facility and encouraged the City to establish its own park & recreation department and hire D.B. residents for the part-time jobs. Clyde Hennessee - Also supported the provision of a skateboard park. Moved by C/Herrera, seconded by C/Huff award a contract for the design of a skateboard park(s) to Purkiss Rose - RSI in an amount not to exceed $20,500, plus a contingency of $2,000 for reimbursables and potential additional services that may be necessary including topographic survey and geotechnical study. 6.11 AWARD OF CONTRACT FOR THE GEOTECHNICAL WORK NECESSARY TO REPAIR TWO LANDSLIDES IN SYCAMORE CANYON PARK - There are two landslides in the natural area of Sycamore Canyon Park that are in need of repair. A geotechnical consultant is necessary to do the testing and design work required to develop plans and specifications for this repair. Council has appropriated $30,000 in the 99/2000 FY Budget to complete the testing, design and repair work. Staff released an R.F.P. toobtain a consultant and there were 5 responses. Staff has completed a thorough review of each proposal and has determined that Converse Consultants is the best firm to complete the services requested in the R.F.P. Martha Bruske - Asked for a public education program on drainage. Moved by C/Ansari, seconded by C/Herrera to award a contract to Converse Consultants in the amount of $25,300 plus a contingency of $2,500 for a total not -to -exceed amount of $27,800. Motion carried 5-0 by Roll Call vote. 6.12 CONSIDERATION OF ARTICLES OF INCORPORATION AND BY-LAWS FOR THE PROPOSED DIAMOND BAR COMMUNITY FOUNDATION - The Parks Master Plan, adopted by Council in March 1998, recommends establishment of a 501(c)(3) non-profit foundation to assist in raising funds to implement the goals stated in the Plan. The City Attorney has developed the Articles of Incorporation and By-laws with prior input from the Parks & Recreation Commission. Council reviewed the draft documents and provided input at its study session on July 6, 1999. These documents have been amended by the City Attorney. MPT/O'Connor recommended that certain changes be made to the documents. Following discussion, MPT/O'Connor moved, seconded by C/Ansari to approve the Articles of Incorporation and By-laws, as AUGUST 3, 1999 PAGE 7 amended; direct the City Attorney to file the appropriate documents to establish the D.B. Community Foundation and announced openings for Board of Director appointments for said Foundation. Motion carried 5-0 by Roll Call vote. 7. PUBLIC HEARINGS: 7.1 TENTATIVE PARCEL MAP NO. 23382, CONDITIONAL USE PERMIT NO. 92-1 AND OAK TREE PERMIT NO. 95-2 FOR PROPERTY LOCATED IN THE 3000 BLOCK OF STEEPLECHASE LANE(DOLEZAL) - Mr. Warren Dolezal is the owner of a 2.55 acre site located in the 3000 block of Steeplechase Lane. In June 1995, the City approved Tentative Parcel Map No. 23382, Conditional Use Permit No. 92-1, and Oak Tree Permit No. 95-2 for purposes of retaining the existing oak tree subdividing the property into four lots. In September 1998, Council denied a request to extend land use approvals and remove the oak tree. Mr. Dolezal filed an action in Superior Court to overturn the City denial. The City and Mr. Dolezal agreed to settle the dispute in April 1999. Mr. Dolezal has filed for an extension of time, reducing the project parcel map from four to three lots, and will preserve the existing oak tree. On July 27, 1999, the Planning Commission recommended approval of the requested extension of time, lot reduction and tree preservation. M/Chang declared the public hearing open. Warren Dolezal, property owner - (INCLUDE ALL COMMENTS) Martha Bruske - Complained about other oaks trees that have been removed by developers. Dr. Lawrence Rhodes - Oak trees die if their leaves are removed from beneath them. Moved by C/Ansari, seconded by C/Herrera to direct staff to prepare a resolution of approval. Motion carried 5-0 by Roll Call vote. 8. OLD BUSINESS: 8.1 DISCUSSION OF STATUS OF LANTERMAN: MPT/O'Connor recused herself during discussion of this matter. a) Final Report on Lanterman Developmental Task Force presented by Chairperson Sue Sisk - Fred Encinas - read an article published June 24, 1999. AUGUST 3, 1999 PAGE 8 Dr. Lawrence Rhodes - Martha Bruske Jack Gutowski - Sue Sisk (in response to Bruske's and Gutowski's comments) . Clyde Hennessee - b) Status of Legal and Legislative Activities regarding the Lanterman Development Center Forensic Expansion Project. Darla Farrell - Don't forget the severe behavioral patients. 8.2 FIRST READING OF ORDINANCE NO. 09(1999): AN ORDINANCE RESTRICTING PARKING WITHIN DIAMOND BAR PREFERENTIAL PARKING DISTRICT NO. 2 AND AMENDING THE DIAMOND BAR MUNICIPAL CODE ACCORDINGLY - Council has reviewed the parking situation on Fallow Field Dr. and Pasco Ct. At the July 6, 1999 Meeting, Council amended Preferential Parking District No. 2 Ordinance creating "No Parking Any Time, Except by Permit" from 3200 Fallow Field Dr. to Malad Ct. including all of Pasco Ct., for residential parking. In addition, Council created 10 employee parking permits for First Mortgage Corporation (FMC); on the east and west side of Fallow Field Dr., adjacent to the FMC building. However, after review of the Ordinance, the "No Parking Any Time, Except by Permit" would create a burden on the residents when there is not a problem on weekends and weeknights. The creation of "No Parking Any Time" would mandate that the residents obtain permits for any parking on the streets. Therefore, the First Reading of Ordinance No. 9(1999) is being amended to read "No Parking 8:00 a.m. to 5:00 p.m., Monday Through Saturday." Martha Bruske - Moved by M/Chang, seconded by C/Huff to add a sign in front of FMC, etc. and introduce first reading, waive full reading of Ordinance No. 09 restricting parking within U.B. Preferential Parking District No. 2 and amending the D.B. Municipal Code accordingly. Motion carried 4-1 by Roll Call vote (MPT/O'Connor voted no.) 8.3 CONSIDERATION OF STREET TREE PROGRAM - a) Median Tree Planting - To plant 543 trees on AUGUST 3, 1999 PAGE 9 landscaped medians on D.B. Blvd. And Grand Ave. at a cost of $95,025. Funds are available in L.L.M.D. #38. b) Species Replacement Program - to replace Canary Island Pines, Brisbane Box and Jacaranda trees along the major arterials because of the damage these trees do to the hardscape. Canary Island Pines will be removed and replaced during a 15 -year phased program. A variety of flowering trees will be used as replacements. Brisbane Box will be replaced through attrition and Tristania Laurina and Jacaranda trees will be replaced through attrition with Chinese Fringe. Trees that will be planted will all be sized as 24" box. Average annual cost for the phased 15 -year plan will be approximately $10,000. First year cost will include removal of raised tree well covers, removal of up to 30 hazardous trees and planting replacement trees. Total first year cost is expected to be $20,325. Moved by C/Huff, seconded by C/Herrera to continue the matter until the minutes from the Study Session are more complete to determine whether all Council questions have been addressed. Motion carried 5-0 by Roll Call vote. 8.4 CONSIDERATION OF VERTICAL HOLIDAY BANNERS - Council is considering installation of holiday banners to create a festive atmosphere for the community during the holiday season. Options being considered include: 1) Posting banners adjacent to shopping centers with financial support from the shopping centers - 308 banners; 2) Posting banners along the full length of D.B. Blvd. - 366 banners; 3) Posting banners adjacent to shopping centers and along the full length of D.B. Blvd. - 500 banners. The City is working with the Chamber of Commerce to determine the interest of the shopping centers to participate in this program. Cost of each banner is approximately $220 for material, printing, posting hardware and brackets, posting, removal, storage and cleaning of banners. Moved by C/Herrera, seconded by MPT/O'Connor to post up to 308 holiday banners adjacent to the shopping centers and that the cost for purchasing and posting the banners be evenly split between the City and the adjacent shopping center, with banners posted only where shopping centers agree to provide such financial support. Further, it is recommended that the City Council authorize the use of up to $33,900 in funds from the General Fund, or, if found to be eligible, Redevelopment Agency. Motion carried 5-0 by Roll Call vote. 8.5 CONSIDERATION OF PROPOSED MILLENNIUM EVE CELEBRATION - AUGUST 3, 1999 PAGE 10 The coming of the new millenium has sparked an interest in the community for a City -sponsored celebration on December 31, 1999. Staff has developed a concept of having an event at the intersection of Grand Ave. and D.B. Blvd. Included in the event will be fireworks, entertainment, food, attractions, and the markings for a general good time. Involvement from the local shopping centers and businesses at the intersection will be sought and residents in areas that may be disrupted will be notified. The total cost for this event will not exceed $106,500 and these funds could be made available by selling $150,000 of Proposition A Transportation reserves. Many residents will be seeking close -to -home opportunities to celebrate the new millennium and the chance for the City to conduct this event is a once-in-a- lifetime opportunity. Martha Bruske - Opposed to the event and expenditure of funds. Clyde Hennessee - Supported the idea. Jack Gutowski - Also opposed - $106,000 of taxpayers money is irresponsible. Moved by C/Herrera, seconded by C/Ansari, to approve the proposed community millennium eve celebration in an amount not to exceed $106,500 and direct staff to offer for sale to the highest bidder $150,000 of Proposition A Transportation reserves to fund this event. Further, it is recommended that the City Council establish a sub- committee to plan, obtain financial support for, obtain sponsorships and conduct this event. Motion carried 3-2 (C/Huff and M/Chang voted no) by Roll Call vote. Moved by C/Herrera, MPT/O'Connor and Committee. 9. NEW BUSINESS: None seconded by MPT/O'Connor to appoint C/Ansari to the Millenium Sub - RECESS TO REDEVELOPMENT AGENCY 11:18 P.M. 1. CALL TO ORDER: Chair/Ansari called the meeting to order at 11:18 in the Auditorium of the South Coast Air Quality Management District, 21865 E. Copley Dr., Diamond Bar, CA. ROLL CALL: Agency Members Chang, Herrera, O'Connor, VC/Huff, C/Ansari Also present were: Terrence L. Belanger, Executive Director; Mike Jenkins, Agency Attorney; James DeStefano, Deputy City AUGUST 3, 1999 PAGE 11 Manager; David Liu, Deputy Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Mike Nelson, Communications and Marketing Director and Lynda Burgess, Agency Secretary. 2. PUBLIC COMMENTS: Clyde Hennessee - relate activities of Chamber and RDA to develop business. 3. CONSENT CALENDAR: Moved by AM/Herrera, seconded by VC/Huff to approve the Consent Calendar. Motion carried 5-0 by Roll Call vote. 3.1 APPROVED MINUTES - Regular Meeting of July 20, 1999 - As submitted. 3.2 APPROVED VOUCHER REGISTER - dated August 3, 1999 in the amount of $3,522.44. 3.3 REVIEWED AND APPROVED TREASURER'S STATEMENT - for June, 1999. 4. PUBLIC HEARINGS: S. OLD BUSINESS: 6. NEW BUSINESS: -7. AGENCY MEMBER COMMENTS: RECONVENE CITY COUNCIL MEETING: 11:24 p.m. 10. COUNCIL SUB -COMMITTEE REPORTS: 11. COUNCIL MEMBER COMMENTS: C/Huff - asked staff to clarify policy regarding placement of items on the agenda. Also asked for update on status of the City's website. C/Ansari - establish a sub -committee concerning water. Look into in-house recreation services again. Allstate is hiring at this time. Talk to them about hiring D.B. residents. 12. ADJOURNMENT: 11:45 p.m. 4:00 4:05 4:10 4:25 5:30 Solid Waste Standards TOWN HALL MEETING Tuesday, August 3, 1999 — 4 pm to 5:45 pm South Coast Air Quality Management District Auditorium 21865 Copley Drive, Diamond Bar AGENDA CALL TO ORDER/ROLL CALL Wen Chang, Mayor WELCOME AND INTRODUCTIONS Wen Chang, Mayor Terry Belanger, City Manager PRESENTATION J. Michael Huls, Integrated Environ - Mr. Huls will present the draft ordinance that mental Services will affect waste hauler permitting, and waste Coordinator prevention and recycling programming in the City of Diamond Bar. PUBLIC INPUT/QUESTIONS & ANSWERS Residents/Business Persons Opportunity for the residents and business persons to ask questions and comment on the proposed solid waste system in Diamond Bar. CLOSING COMMENTS/NEXT MEETING Wen Chang, Mayor Terry Belanger, City Manager 5:45 ADJOURN Date: August 2, 1999 Subject: Suggested Changes to date in the Proposed Solid Waste Ordinance 1. Delete subsection 8.16.070 (d) & (e) related to tying bundles of wood and large oversized recyclables such as cardboard. 2. Keep subsection 8.16.070 (d) & (e) related to tying bundles of wood and large oversized recyclables such as cardboard. 3. Resident questioned whether soliciting and offering services to multi -family complexes on part of permittees is adequate as currently identified in Section 5, (19). [note: section 1 (g), section 2 (c), and section 3 (h) all prohibit the disposal of readily recyclable materials.] 4. Suggested that staff denote text additions and deletions in different shade or color or other identifier to make it easy to identify proposed code changes. 5. Resident asked that City not abandon the use of private containers. 6. Related item, allow unlimited disposal. 7. Identify where containers should be placed for regular storage (front or back yard, side yard, etc.). 8. Identify what materials can be collected in ordinance [note: operational matter, better left out with some exceptions, i.e., definitions of what and what is not recyclable]. 9. Allow for MRF processing in ordinance [note: post collection processing is identified, whether at MRF, transfer station, landfill, or transformation facility]. 10. Change implementation date in ordinance to a later time [note: January 1, 2000 is suggested in keeping with SRRE]. 11. Suggestion made to specify how commercial recycling shall be accomplished re: split container [note: this is an operational matter, .not the subject of ordinance for highly variable commercial sector]. Compiled by: J. Michael Huls DIAMOND BAR FACT SHEET - 2"D EDITION Accounts Residential SFR MFR Bins* Commercial Waste Management 16,399 -9- 250 Athens Disposal -0- -0- 21 Valley Vista Disposal 29 -1- 13 Sector Single-Family Waste Athens Valley Vista Totals Management Single Family 30,856 ** 0 18 30,874 Detached 0 0 .Town Home & Included above 0 Condos Barrels Multi -family Bins 5,160 516 0 5,676 Commercial Bins 5,504 315 840 6,659 Roll Off Bins 1,130 0 63 1,193 4,402— 44,402— Totals Single-Family Residential Waste Multi -Family Residential Waste in Bins Commercial Sector Waste in Bins Industrial Sector Waste in Roll -Offs 69% of all disposed waste 12.7% of all disposed waste 15% 2.7% * Estimate; awaiting research from haulers. Required verfication. ** Includes barrel -served townhomes and condos. •** Does not include self -haulers and illegal haulers waste. ORDINANCE NO. SOC (1999) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMEMM CHAPTER LIS OF TITLE i OF THE DIAMOND BAR CITY CODE ADOPTING REQUIREMENTS AND STANDARDS RELATING TO THE COLLECTION. RECYCLING, TRANSPORTATION, AND DISPOSAL OF SOLID WASTE, RECYCLABLE, AND COMPOSTABLE MATERIALS. The City Council of the Cky of Diamond Bar does hereby ordain as follows: ,,SECTION 1: Sec,. 8.16070. Residential refuse containers, is hereby amended by deleting subsections (b) through (h), and adding the following new subsections (b) through (g) to read as follows: The permittee shall provide a container(s) or suitable alternative as approved by the city Manager npabte of storing a minimum of 64 gallons of commingled recyclables as defined by this chapter. it shall be the duly of every brant, Issses or occupant of any 1`691dentiai unit to maintain the containers in a reasonable safe and secure manner. (c) Grass clippings, leaves and other yard work debris other than branches or tree limbs may be deposited in a 1o0jill len or less standardized automated container to be supplied by a permittee for the purpose of recycling. Otherwise, it is the duty of every losses, tenant, or occupant of any residenhbal unit to assure the safe and secure racycGng, composting, andlor grass cycling of grass clippings, leaves and other yard work debris of organic content and nature either on the promises or with a gardener or landscaper. (d) Branches, tree limbs, or other similar debris shell be tied with sturdy twine, rope, or wire, in bundles not exceeding four test in length nor 18 Rxfies in diameter. (e) Large oversized racyciabies such as unwanted cardboard boxes shall be flattened and tied in bundles not exceeding four feet in length nor 50 pounds in weight. (f) No tenant, lessee, or occupant shad use their own container, bag, box or other device ler the purpose of setting out refuse or recyctables at the curb for collection by a permittee. (g) No tenant, lessee, or occupant shall knowingly dispose of any recyclable material as defined by this chapter, unless such material is not collected by a permittee. SECTION Z Sec. 8.16.060. Commercial refuse bins, is hereby amended to include a new provision (c) that roads as fdkms: (c) No properly owner, manager, tenant. lessee, or occupant shall knowingly dispose of any recyclable material as defined by this chapter in any refuse bin or other storage device, unless such material Is not collected by a parmittee. SECTION 3: Sec.8.16.130. Special provisions regarding method of disposal, is hereby amended by adding subsection (h) to road as follows: (h) No properly owner, manager, tenant, lessee, or occupant shall knowingly dispose of any recyclable material as defined by this chapter in any bin or other storage device, unless such malarial is not collected by a permittee. SECTION 4: Sec. 8.16.230. (a) Collection charge, is hereby amended to read as follows: (a) Collection charge. A charge for the collection of refuse and recyclables shall be imposed on the owner or occupant of each residential or commercial unit to which refuse, recyclables, and compostable collection service is made available. The monthly rate shall be determined by a pa i-Ittea. but must be structcared to eliminate any pricing inequities, subsidies, and penalties amahp ratepayers, and rofied actual usage of the service. The charge(s) so fixed shall be a civil debt due and owing to the city or panmittee from the owner or occupant of the residential or commercial unit to which the coGedion service is made available. The City Council hereby specificeNy finds and deiem*hes that the periodic Collection of refuse, rubbish, and recyclebles from all residential and cominerc:ial units benefits all occupants and residents of the city; provides for the health, sally, and wahfare of all persons in the city; and therefore, all such occupants or owners are Gable for the payment of collection service provided for hereunder whether or not such owner or occupant avails himself of such collection service. SECTION 5: Sea 8.16.450., Service Provided; Specific, of Chapter 8.16 of the Diamond Bar City Code is thereby amended by modifying the introductory provision and by adding subsections 15 through 20 to read as follows: The permittee shall provide Us following specific services as described in subsections (1) through (20) of this section. These services shag be in addition to any requirements, additions, policies and procedures as may be established by resolution of the City Council from time to time hereafter. (15) The permittee shall implement by January 1, 2000 for all single-family residential refuse account an automated refuse collection system consisting of no less than are standardized wheeled and lidded container of 100 -gallon capacity, or at the request of residents a smaller sized refuse container of 6"allon capacity. Additional refuse containers will be provided upon request of the resident at an surcharge as described in subsection 16. (16) The permittee shall Implement incentiwbssed rate structures for both residential and commercial sectors by January 1. 20W, based on the `pay as you throw" waste prevention approach. For the residential single4aRmiy units, a fbod charge must be developed. subject to City Manager approval, based on a ZkVie standardized refuse container of 100 -gallon capacity, in eocardanoe with Section S. 16230 (a) Colecdion Charge. Addtionai refuse containers requested by the resident would be subject to a surcharge to be determined by the permittee and subject to approval of the City Manager, but which may not exceed $5 per container. Residents who request and receive a smaller sized refuse container (i.e., 64 -gallon capacity) shall be provided a discount of no less than 15% of the monthly fixed base refuse rate for a single container. For commercial units, the permittee shall develop an incentive -based rate structure that is subject to City Manager approval and that meets the requirements of Section 8.16230 (a). Collection charge. (17) The P shall implement on automated curbside recycling Program consisting of a "allon wheeled and lidded container. Additional rGgding containers will be provided 9 needed on a ccq:QMerrtary basis upon request of the resi to t - (Z8) The pemr A" shall implement a yard waste collection program with all single- family re$Idarn consisting of at least a 64 -gallon wheeled and lidded container. For msidarrts who practice yard waste composting and gds c!►cling• and do not require a yard waste barrel, no less than a 10% reduction in .the monthly refuse be SW also to applied, pending verification of the absence of yard waste in the refuse container and confimnation that the resident has participated in a City - sponsored tome composting serninar. (19) The perm iftee must solicit and offer cost-0ompetitiva muttidamiiy residential unit recycling systems to any ownwhrereger of multi• tn* residential automer complem. Such system must be approved by to City Manager. The permittee must document on a quWt rty basis the minter and axW t of contacts made in the community. (20) The pemmttee must solicit and offer cost-comPsdtiva commercial , and waste prevarution systems to any %Py" N' anagedapo rstorindustrial, wow wwftdkxml source of waste. Such systems must be apProv by the City Manager. The permittees must dowrrent on a QtwrtarV basis the number and eAent of contacts made in the community. SECS The City Council declares that should any provision, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court actionin a court of competent jurisdiction. or by reason of pre-emptive legisisfion, thou Provisions, sections, paragraphs. sentences, and words of this revision shall remain in full force and effect. SECTION 7: The City Clerk shall certify to Use passage of this Ordinance and shall cause this Ordinance to be posted in throe (3) Public places within the City of Diamond Bar within fifteen (15) days after Its passage in the manner prescribed by Resolution No. 89.6. ADOPTED AND APPROVED THIS _ DAY OF ,1999 - Mayor Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby carotin that the foregoing Ordinance was introduced at a regular meeting of the Council of the City of Diamond Bar held on this_.__ day of 1999, and was finally passed at a regular meeting of the City Cored of the City of Diamond Bar held on the _ day of = 1998 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABS: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: City Clerk of the City of Diamond Bar PROPOSED SOLID WASTE ORDINANCE FACT SHEET Why the Ordinance and How Did It Come About? The City of Diamond Bar (City) is required by California law to reduce, reuse and recycle (i.e., divert) upwards of 50% of its municipal refuse from disposal by January 1, 2000. The law was passed in 1989 to address a looming shortage of convenient disposal sites. At present, the City diverts roughly a third of its waste, up from about 10% in 1990, but still shy of the 50% target. A Solid Waste Standards Task Force (Task Force), representing different sectors of the community, was established by the City Council in January 1998 to examine the issue and make recommendations. The recommendations of the Task Force are embodied in the proposed ordinance. The City Council is extending the opportunity to comment on the proposed ordinance and its recommended programs to the general public. What Is Contained in the Proposed Ordinance? The recommendations of the Task Force are contained in the proposed ordinance. City staff has drafted code provision changes that would alter how waste is collected and what residents and businesses can do to comply to help us meet the statewide recycling mandate. Some of the major provisions include: • Establishment of a three -container automated system that requires separation of waste into refuse, recycling, and yard waste components • Elimination of any rate inequities that penalize conservation and reward wastefulness • Creation of incentives that reward conservation, including pay -as -you -throw rates for both residential and commercial customers, and rate reductions for waste prevention • Provision of mandatory recycling service for all multi -family residence complexes as well as for all other generating sectors Implementation of these programs will ensure the City's good faith effort with the mandate, avoiding enforcement actions and fines that can reach $10,000 per day. What Will It Cost? The actual cost is unknown at present; however, like cities with similar programs have found that they have the same or less monthly rate when compared to our City's trash rates. This leads City staff to believe rates can be maintained at reasonable levels after implementation. Will I Get the Same Service? The proposed ordinance will not affect the service level at present; however, there will be certain improvements to the programs including the use of automated barrels, separation into three categories of waste, and variable rates. While the Town Hall Meetings help to raise awareness and solicit input about the possible programs, the City plans to conduct extensive publicity in the near future about the transition to the new system, if implemented. It is noted that at present, there is essentially only one hauler providing service to single-family residents due to a recent merger of our two residential permittees. In addition, we plan to keep our system open for commercial refuse. What Do I Have to Do? The new system, if implemented, will be user friendly. Through this system, you can reduce your refuse by separating recyclable wastes from trash, allowing you to get gain significant economic reward in the way of price incentives from the basic rate. If you have problems handling a larger barrel, you may trade in a large barrel for a smaller one, as long as you recycle more and waste less. E' �a s f � r "�,,"�-,."�h� �'' c"' '� -tf+r '+''',-dam"•. 'r _ --rte / / �, _�r—£e. _..r-3Cy �,..d� x. �"a•��sut' ' ° r � � z.Q. f y �. yy :. ��."L 'jin -`J•�4 �ay��-,lCi�i�Y'^+` :1!•� �' 77 }rte -°i'}'• 417 Ito. w c TCL, cn g4r, d3 P?o = LM . . . . . . .... r ya 0 Z CJ CL lu ------------- a cc c u RV,_�`' Pis$,,fg 0-1 ZN is f �«tipj _. CL J ■IL ' V '.`�: BE 7 7 HOW C DY tt.R r. In— 1�1 I".. DIAMOND BAR co CHAMBER OF COMMERCE PUBLIC BUILDINGS a low I SCHOOLS COPYRIGHT 4 PARKS/GOLF COURSES HOSPITALS WALNUT STATEHIGHWAYS MILES LOS ANGELES co CITY OF INDUSTRY DIAMI --\\15" BAR 10 BE 7 7 HOW DY tt.R r. In— 1�1 I".. LOS ANGELES co a low I COPYRIGHT U-111 I oppose the construction of a City Hall and Community Center complex or any portion thereof in Summitridge Park. There a number of other sites in Diamond Bar that are much better suited for this purpose, including the Hospital Site and Kaiser Site as proposed by the Civic Center Task Force. NAME:.,..�.R r` v/ HC5.144..D.�� !............. ADDRESS:.. � 3 S `3.Q..... .... 4<x? .....? U C?C .1:.7-.. % ... . /. TELEPHONE:..(.- ELEPHONE:.. (. '9) DATE:.. SIGNATURE: I oppose the construction of a City Hall and Community Center complex or any portion thereof in Summitridge Park. There a number of other sites in Diamond Bar that are much better suited for this purpose, including the Hospital Site and Kaiser Site as proposed by the Civic Center Task Force, ADDRESS:.2,\cw-2. Or4 TELEPHONE:.. 1.`.1. �... DATE:.1:.i . °1, SIGNAT ... Y ... ... .................. Y • • • • • • Y • • • . I • I oppose the construction of a City Hall and Community Center complex or any portion thereof in Summitridge Park. There a number of other sites in Diamond Bar that are much better suited for this purpose, including the Hospital Site and Kaiser Site as proposed by the Civic Center Task Force. • .�ftitl. CF.�-�. . ADDRESS:... a6.,f T.. F3. ....... . TELEPHONE:.. 7 ?. 1J ... DATE:: SIGNATURE: —' I oppose the construction of a City Hall and Community Center complex or any portion thereof in Summitridge Park. There a number of other sites in Diamond Bar that are much better suited for this purpose, including the Hospital Site and Kaiser Site as proposed by the Civic Center Task Force`. NAME:...s�'t�{/./Vd7.��Q....CIzI�iV..................................... ADDRESS:...,f/sI'.s��Y..,�.�►am�rs�!..! TELEPHONE:.70 P/..7.3........ r... DATE:.... SIGNATURE: 7 I oppose the construction of a City Hall and Community Center complex or any portion thereof in Summitridge Park. There a number of other sites in Diamond Bar that are much better suited for this purpose, including the Hospital Site and Kaiser Site as proposed by the Civic Center ask Force. v N.. ..... ............. ADDRESS:.: I Q ..244Vm �:! . K -!p.. . TELEPHONE:`)Q'4404M .................. DATE:.'7_2 : °!..... . SIGNATURE: 4r ................................................................................. I oppose the construction of a City Hall and Community Center complex or any portion thereof in Summitridge Park. There a number of other sites in Diamond Bar that are much better suited for this purpose, including the Hospital Site and Kaiser Site as proposed by the Civic Center Task Force. NAME:..........a....... ADDRESS:....,1..� Sr.r�as.. TELEPHONE:... 9Q9-. , 6.0.3.6 cP6......... DATE:. ..0 0?. SIGNATURE: i .................................... ............................................. I oppose the construction of a City Hall and Community Center complex or any portion thereof in Summitridge Park. There a number of other sites in Diamond Bar that are much better suited for this purpose, including the Hospital Site and Kaiser Site as proposed by the Civic Center Task Force. L.�//� I 'r ' NAME:...�? ....... ADDRESS: .......... .....:........ . TELEPHONE:.).,?/ � ...... TE. SIGNATURE: I oppose the constriction of a City Hall and Community Center complex or any portion thereof in Summitridge Park. There a number of other sites in Diamond Bar that are much better suited for this purpose, including the Hospital Site and Kaiser Site as proposed by the Civic Center Task Force. NAME:... W.. *...� .. /N ! -.!_i a r� / ........................... ADDRESS:. F';.: % 7.1... A?77[� ... ............... I .............. TELEPHONE:.. .......... DATE: ... ?/4-vl SIGNATURE: if ............................................................................ I oppose the construction of a City Hall and Community Center complex or any portion thereof in Summitridge Park. There are a number of other sites in Diamond Bar that are much better suited for this purpose, including the Hospital Site and Kaiser Site as proposed by the Civic Center Task Force. L ME:..David I.lizuka.........I................935 So. Summitridge Dr. DRES Diamond Bar, CA 91765 TELEPHO SIGNATURE: U I oppose the construction of a City Hall and Community Center complex or any portion thereof in Summitridge Park. There are a number of other sites in Diamond Bar that are much better suited for this purpose, including the Hospital Site and Kaiser Site as proposed by the Civic Center Task Force. NAME: ........ ....' .. S...... ... ...... C.v C� . ADDRESS: ... ?9.�� s'...'1�'CiJ�D 11 TELEPHONE:... °. `. ° .. �.°........ DATE:. .`.... .. .. SIGNATURE: I oppose the construction of a City Hall and Community Center complex or any portion thereof in Summitridge Park. There are a number of other sites in Diamond Bar that are much better suited for this purpose, including the Hospital Site and Kaiser Site as proposed by the Civic Center Task Force. NAME: ........!�Ite L.....C.1.!�� ........................................... ADDRESS:....9 :�:....S:�c!✓<;/ �� J4 ................... TELEPHONE:.�f�Y. /_ .. ... 77� .7 DATE:.... SIGNATURE: I oppose the construction of a City Hall and Community Center complex or any portion thereof in Summitridge Park. There are a number of other sites in Diamond Bar that are much better suited for this purpose, including the Hospital Site and Kaiser Site as proposed by the Civic Center Task Force. NAME:....... �J :,q. h u. �:..� . `✓ ADDRESS.....!. AD . ; �7 TELEPHONE:.. 9.'0.? E- SIGNA �.......... DATE:... TURE: �! 00000000000*006 .... .... *** ...... 00 .......... I oppose the construction of a City Hall and Community Center complex or any portion thereof in Summitridge Park. There are a number of other sites in Diamond Bar that are much better suited for this purpose, including the Hospital Site and Kaiser Site as proposed by the Civic Center Task Force. NAME:. ............. . ADDP,ES*S':'*'* zjJ . r. TELEPHONE:...... ..................... DATE:. 7-40. SIGNATURE:, City Council. We cannot stop this without YOUR help. ............ 0 ... ......... I oppose the construction of a City Hall and Community Center complex or any portion hereof in Summitridge Park. There are a number of other sites in Diamond Bar that are much better suited for this purpose, including the Hospital Site and Kaiser Site as proposed by the Civic Center Task Force. NAME: ...... ............. ADDRESS:....... . TELEPHONE:... P001..... SIGNATURE: 9- ...................... I oppose the construction of a City Hall and Community Center complex or any portion thereof in Summitridge Park. There are a number of other sites in Diamond Bar that are much better suited for this purpose, including the Hospital Site and Kaiser Site as proposed by the Civic Center Task Force. NAME: ADDRE S S: TELEPHONE: .............. DATE.... SIGNATURE: ��/�/��.. I oppose the construction of a City Hall and Community Center complex or any portion thereof in Summitridge Park. There are a number of other sites in Diamond Bar that are much better suited for this purpose, including the Hospital Site and Kaiser Site as proposed by the Civic Center Task Force. NAME:.... ADDRESS:...(.�...:4 TELEPHONE:..�.�!..Z.-.=/ .. DATE:..7.�.r.-..`/ i SIGNATURE: ..........................................................•------------------- I oppose the construction of a City Hall and Community Center complex or any portion thereof in Summitridge Park. There are a number of other sites in Diamond Bar that are much better suited for this purpose, including the Hospital Site and Kaiser Site as proposed by the Civic Center Task Force. NAME:....................... . ADDRESS-..... 1. Q? 3c? .... Cr !?' '� e" /t'c°S f L ........................ TELEPHONE:.... tY �./. - ..00 6............ SIGNATURE: DATE:... dotd I oppose the construction of a City Hall and Community Center complex or any portion thereof in Summitridge Park. There are a number of other sites in Diamond Bar that are much better suited for this purpose, including the Hospital Site and Kaiser Site as proposed by the Civic Center Task Force. .................. ADDRESS:. TELEPHO :....... SIGNATURE: C-1 I oppose the construction of a City Hall and Community Center complex or any portion thereof in Summitridge Park. There are a number of other sites in Diamond Bar that are much better suited for this purpose, including the Hospital Site and Kaiser Site as proposed by the Civic Center Task Force. ADDRESS:... C��'.?J .C% .. G --r �.... CL .../.I.r� c'I�✓ TELEPHONE:.1:. `i.... Tom. /... (e'�....... DATE:. SIGNA •........................... ........ .................................... 0.0... I oppose the construction of a City Hall and Community Center complex or any portion thereof in Summitridge Park. There are a number of other sites in Diamond Bar that are much better suited for this purpose, including the Hospital Site and Kaiser Site as proposed by the Civic Center Task Force. NAME:#ADDRES Ms. Carolyn L. Gong 1330 Crestrnont Or Diamond Bar, CA 91765 ..................TELEPH................................. DATE:... SIGNATURE: C I oppose the construction of a City Hall and Community Center complex or any portion thereof in Summitridge Park. There a number of other sites in Diamond Bar that are much better suited for this purpose, including the Hospital Site and Kaiser Site as proposed by the Civic Center Task Force. NAME:.. ADDRESS: TELEPHONE:. �l . .,G/..���s... DATE:....:.. SIGNATURE: I oppose the construction of a City Hall and Community Center complex or any portion thereof in Summitridge Park. There are a number of other sites in Diamond Bar that are much better suited for this purpose, including the Hospital Site and Kaiser Site as proposed by the Civic Center Task Force. NAME:.. 4t�b-td .. C�(,�� .. �.... /N .............. . TELEPHONE: -1 Gt41 91 d`�:5�............. DATE ...7.•. r Z... SIGNATURE: 1��t e I oppose the construction of a City Hall and Community Center complex or any portion thereof in Summitridge Park. There are a number of other sites in Diamond Bar that are much better suited for this purpose, including the Hospital Site and Kaiser Site as proposed by the Civic Center Task Force. NAME: ......r... ................................................. ADDRESS:...... : Q ..C? t ... � f . ?�► '�................... TELEPHONE:..`?'''1.`.'w"? ............. DATE:.. ....... SIGNATURE: I oppose the construction of a City Hall and Community Center complex or any portion thereof in Summitridge Park. There are a number of other sites in Diamond Bar that are much better suited for this purpose, including the Hospital Site and Kaiser Site as proposed by the Civic Center Task Force. NAME:.... 1<wtp �.... !`l'la-c ADDRESS:a� . . TELEPHONE: 90. q. - �6 ......... DATE:... SIGNATURE: � 0,7 I oppose the construction of a City Hall and Community Center complex or any portion thereof in Summitridge Park. There are a number of other sites in Diamond Bar that are much better suited for this purpose, including the Hospital Site and Kaiser Site as proposed by the Civic Center Task Force. NAME:...%j�k:� ADDRESS:....,2.;Sj.j...CT TELEPHONE:.. � .i . f.. 3.`1 L ...�1.. C :%.......... DATE:.... l.. --.../.:S" SIGNATURE: I oppose the construction of a City Hall and Community Center complex or any portion thereof in Summitridge Park. There are a number of other sites in Diamond Bar that are much better suited for this purpose, including the Hospital Site and Kaiser Site as proposed by the Civic Center Task Force. 1- NAME: .... GJ.. k. L' ...... . S'.iU .. .......... ,. ............ ADDRESS: ..'2.3:7.s7..d Sar TELEPHONE:..�`�4. �'%d G.1:. `t.. 2- DATE:..7. ~..�.�. -���' SIGNATURE: I oppose the construction of a City Hall and Community Center complex or any portion thereof in Summitridge Park. There are a number of other sites in Diamond Bar that are much better suited for this purpose, including the Hospital Site and Kaiser Site as proposed by the Civic Center Task Force. NAME:........ .6.5. .10.�)....... ADDRESS:. .G. o. 7..A.`/6-_. y plA-Mo.X✓D gA- TELEPHONE:..1. 0 1..- S. 7. G -. `�. ? .3 S..... DATE:. j1.6 ��. .. GI (-716S— SIGNATURE: C- i ..................................................•.............................• I oppose the construction of a City Hall and Community Center complex or any portion thereof in Summitridge Park. There are a number of other sites in Diamond Bar that are much better suited for this purpose, including the Hospital Site and Kaiser Site as proposed by the Civic Center Task Force. NAME:....... ADDRESS:.. TELEPHONE SIGNATURE ............................ DATE:... 7), �-1 I oppose the construction of a City Hall and Community Center complex or any portion thereof in Summitridge Park. There are a number of other sites in Diamond Bar that are much better suited for this purpose, including the Hospital Site and Kaiser Site as proposed by the Civic Center Task FFoj orrce. NAME :............... M. ! ! ....` . .. ... .[.� � ADDRESS: .................1'....v.L�GV<<L!�....D............ TELEPHONE: .... .�.b. ....I..6 . i ............... DATE:.. SIGNATURE: I oppose the construction of a City Hall and Community Center complex or any portion thereof in Summitridge Park. There a number of other sites in Diamond Bar that are much better suited for this purpose, including the Hospital Site and Kaiser Site as proposed by the Civic Center Task Force. NAME:.. .. �.. .. , .. .. ...... ADDRESS:,.. �............��•.". TELEPHONE: 0 -/�" .5-. �........ DATE:... SIGNATURE: I oppose the construction of a City Hall and Community Center complex or any portion thereof in Summitridge Park. There are a number of other sites in Diamond Bar that are much better suited for this purpose, including the Hospital Site and Kaiser Site as proposed by the Civic Center Task Force. NAME:......V��T A �!.. .� ........ ftR M. . ........... ADDRESS:.. 7.5....�?.L ...!YV..y. CT......!..:........ TELEPHONE:... %...�/ ...�.Z. ..... DATE:....7 SIGNATURE: I oppose the construction of a City Hall and Community Center complex or any portion thereof in Summitridge Park. There are a number of other sites in Diamond Bar that are much better suited for this purpose, including the Hospital Site and Kaiser Site as proposed by the Civic Center Task Force. NAME:... (4, ........................................... ADDRESS:. �7 Nu040?...................................� TELEPHONE:.. , " J A. Q .. V - g ................. DATE:.. SIGNATURE: ................................................................................. I oppose the construction of a City Hall and Community Center complex or any portion thereof in Summitridge Park. There are a number of other sites in Diamond Bar that are much better suited for this purpose, including the Hospital Site and Kaiser Site as proposed by the Civic Center Task Force. NAME:......... STA`✓t� .... G'r? /!1/G Gam .................. . ADDRESS: ..... .*�°Dno LP...IV�!-............... TELEPHONE:7..� .............. DATE:.. v7! C.. /V-7-' SIGNATURE: •.....................................s........••...............................• I oppose the construction of a City Hall and Community Center complex or any portion thereof in Summitridge Park. There are a number of other sites in Diamond Bar that are much better suited for this purpose, including the Hospital Site and Kaiser Site as Proposed by the Civic Center Task Force. r NAME:.... ✓I�AiZI ... `/i ��C %nC'Z�% J ADDRESS:. 3—. 7 ... 6�1G...%!Ll C� Ca % ....�f {,✓4 0000..... .. . TELEPHONE:......... -- SIGNATURE: ,��j...... 0000 ... ............. DATE:. L 6✓ ...........................................................................00.00. I oppose the construction of a City Hall and Community Center complex or any portion thereof in Summitridge Park. There a number of other sites in Diamond Bar that are much better suited for this purpose, including the Hospital Site and Kaiser Site as Proposed by the Civic Center Task Force. NAME:...A��.S... L L ADDRESS:.. l ryF . �... ►S U./'M/ T Rrl?............................ . SIGNATURF: .. DATE:...7,1�,,g..� __ ..r._ at�� NOTICE OF PUBLIC HEARING City of Diamond Bar, 21660 E. Copley Drive, Suite 190, Diamond Bar, CA 91765 TO: Property Owners within a 500 -foot radius of subject site FROM: City of Diamond Bar, City Council NOTICE IS HEREBY GIVEN, pursuant to State Law, that a public hearing will be held by the City Council to determine whether or not the subject request shall be approved under the provisions of State Law and the City of Diamond Bar as follows: DATE AND TIME OF HEARING: Tuesday, August 3, 1999, 6:30 P.M. (or as soon thereafter that the matter can be heard) PLACE OF HEARING: SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT Auditorium 21865 E. Copley Drive, Diamond Bar, CA 91765 SUBJECT: Tentative Parcel Map No. 23382, Conditional Use Permit No. 92-1 and Oak Tree Permit No. 95-2 REQUEST: Tentative Parcel Map No. 23382, Conditional Use Permit No. 92-1 and Oak Tree Permit No. 95-2 (pursuant to Title 21/Subdivision Ordinance, Chapter 21.22 and Title 22/Development Code, Chapters 22.58 and 22.38) is a request for a one year extension of time for the referenced entitlements; and to revise the referenced parcel map into a three lot subdivision for the eventual development of three single family homes instead of four lots, as previously approved. The Conditional Use Permit is required for development within a hillside area. The project site contains one oak tree to be preserved and protected which requires an Oak Tree Permit. PROPERTY ADDRESS: 3000 Block (north side) of Steeplechase Lane between Hawkwood Road and Wagon Train Lane PROPERTY OWNER/APPLICANT: Warren Dolezal, 4251 S. Higuera Street, San Luis Obispo, CA 93401 ENVIRONMENTAL DETERMINATION: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Mitigated Negative Declaration No. 95-02 was approved on June 20, 1995. Due to the request for a revised parcel map and pursuant to CEQA Section 15162, the Mitigated Negative Declaration will be amended to reflect issues related to the revised parcel map. Published in: San Gabriel Valley Tribune and Inland Valley Daily Bulletin on July 22, 1999. If you are unable to attend the public hearing, but wish to send written comments, please write to the Diamond Bar Community and Development Services Department/Planning Division at the address given below. You may also obtain additional information concerning this case by phoning (908) 396-5676. If you challenge this application and project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to the public hearing. Case materials are available for review between 8:00 a.m. and 3:00 p.m. at the City of Diamond Bar Community and Development Services Department/Planning Division, 21660 E. Copley Drive, Suite, 190, Diamond Bar, CA 91765. VICINITY MAP ON REVERSE SIDE .01 M Ba= -.oi t ut Lr w ' e IS3 r'D `, O IC e33f�iRs 1111, 3 ft rJO,.� P'rRf rr4Y 7pME �� Ln .40 N AREA MAP: t 9 North Subject Site (Det to maw 40" "; ►� A 11% or°f m B ■ 743 42 + 50 so so 103.1,0/ . sn1, 1`F ., \ R 1 �i M' 0, i rook—i �►�� • 1. 1 . "s .0 e1,1, * \ \• to f I \ a 111 111 Its 5 is _S : • 83.7No e i is r w = tr�CY n f so001 w •. .{ O ' • 142 1 1 • M A•t 13lo 0 .1 1 w � • O tl• � 14 • .r 1 w ,tl IS 1 n i •~ Ii 1e to O 1 ; YUGHT WHEREAS, the "15th Annual National Night Out"provides a unique opportunity Diamond Bar to join forces with thousands of other communities across the count cooperative, police -community crime prevention efforts; and WHEREAS, the City of Diamond Bar plays a vital role in assisting the Los Ange Department through joint crime, drug and violence prevention efforts in the City and is supporting "National Night Out 1998" locally; and WHEREAS, it is essential that all citizens of the City of Diamond Bar be aware of crime prevention programs and the impact that their participation can have drugs and violence in the City of Diamond Bar; and WHEREAS, police -community partnerships, neighborhood safety, awareness important themes of the "National Night Out" program; NOW, THEREFORE, BE IT RESOL i/ED THAT, the City Council of the City hereby proclaim Tuesday, August 4, 1998 as "National Night Out" in the Cr calls upon all citizens of the City of Diamond Bar to support the "15th Annu DATED: August 4, 1998 I t CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM DATE: July 28, 1999 TO: Honorable Mayor and City Council VIA: Terrence L. B--ella�nger, City Manager FROM: Lynda Burgess, City Clerk SUBJECT: Council Minutes of July 6, 1999 In reviewing Council Member Bob Huff's motion regarding item 9.2 on the July 6, 1999 agenda (Ordinance No. 9(1999) amending Preferential Parking District No. 2), staff has determined that Mr. Huff intended that it read as follows: "amending D.B. Preferential Parking District no. 2 as amended to include 5 parking spaces on both the westerly and easterly sides of the street, allow residents to park in the remaining areas and establishing "No parking, except by Permit." The portion of the sentence in bold- face type has been added to the Minutes (Page 12) and it is requested that the City Council approve the July 6, 1999 Minutes as amended. MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR 10 JULY 6, 1999 fp, STUDY SESSION: 5:10 p.m., SCAQMD Room CC-8 140� a) Holiday Banners b) Bylaws for the Proposed Diamond Bar Foundation (non-profit) Present: Council Members Ansari, Herrera, Huff, Mayor Pro Tem O'Connor and Mayor Chang. Also present were: Terrence L. Belanger, City Manager; Doug Argue, Assistant City Attorney, James DeStefano, Deputy City Manager; David Liu, Deputy Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Mike Nelson, Communications & Marketing Director; Lynda Burgess, City Clerk; Anne Haraksin, Administrative Assistant; Jeff Koontz, Executive Director., D.B. Chamber of Commerce; Annette Finnerty, Parks & Recreation Commission, and Allen Wilson. Study Session adjourned at 6:30 p.m. CLOSED SESSION: None 2. CALL TO ORDER: Mayor Chang called the City Council meeting to order at 6:45 p.m. in the Auditorium of the South Coast Air Quality Management District, 21865 E. Copley Drive, Diamond Bar, California. ROLL CALL: Council Members Ansari, Herrera, Huff, Mayor ProTem O'Connor and Mayor Chang Also present were: Terrence L. Belanger, City Manager; Craig Steele, Assistant City Attorney; James DeStefano, Deputy City Manager; David Liu, Deputy Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Mike Nelson, Communications & Marketing Director, and Lynda Burgess, City Clerk. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Jeff Koontz, Executive Director, D.B. Chamber of Commerce. INVOCATION: The Invocation was given by Bishop Kirk Christ, Church of Jesus Christ of Latter Day Saints. APPROVAL OF AGENDA: CM/Belanger requested that the City Council declare an urgency to add an item to the agenda for adoption of a Resolution establishing the Steven M. Tamaya Memorial Fund. MPT/O'Connor moved, C/Huff seconded, to add the Resolution to the Agenda as Item 9.1. Motion carried by the following Roll Call vote: JULY 6, 1999 PAGE 2 CITY COUNCIL AYES: COUNCIL MEMBERS — Ansari, Herrera, Huff, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Presented City Tile to Assistant City Attorney Amanda Susskind upon her departure from the law firm of Richards, Watson & Gershon in order to become a candidate for State Assembly. 3.2 Presentation made by Jack Hazelrigg, Los Angeles County Vector Control District, regarding mosquitoes, Africanized Honey Bees and fire ant infestations. 3.3 Proclaimed July, 1999 as Parks & Recreation Month. 4. PUBLIC COMMENTS: Clyde Hennessee objected to the proposed contract with the Chamber of Commerce in the amount of $36,000 because he felt that it was not in the general public's best interest to fund another public agency. Grace MacBride said she felt that no funding should be given to the Chamber because it has not adopted a Resolution regarding Lanterman. She suggested that the funds be given to D. B. 1. A. instead. Jeff Koontz spoke about the following upcoming Chamber activities: Tuesday, July 13 - Mixer, D.B. Golf Course; Thursday, July 15 - 7:30 a.m., networking breakfast at the Chamber offices; Sales of Millenium Map begin on July 12; Tuesday, July 27 - 7:00 to 9:00 p.m., Small Business Seminar (Advertising and Marketing of Your Business); July 26, 11:30 a.m., ribbon cutting ceremonies for St. Jude Heritage, 1514 South Valley Vista; July 28, 5:30 to 6:30 p.m., ribbon cutting ceremonies for Cafe IL Estrada across the street from the Golf Course. 5. SCHEDULE OF FUTURE EVENTS: 5.1 CONCERTS IN THE PARK - MIKE HENEBRY ORCHESTRA (Big Band) - July 7, 1999 - 6:30 - 8:00 p.m., Sycamore Canyon Park, 22930 Golden Springs Rd. 5.2 TRAFFIC & TRANSPORTATION COMMISSION - July 8, 1999 - SCAQMD Hearing Board Room, 21865 E. Copley Dr. 5.3 TOWN HALL MEETING (Solid Waste) -July 10, 1999- 9:00 a.m. - 11:00 a.m., Diamond Point Elementary School, Golden Springs at JULY 6, 1999 PAGE 3 CITY COUNCIL Sunset Crossing Rd. 5.4 PLANNING COMMISSION - July 13, 1999 - 7:00 p.m., SCAQMD Auditorium, 21865 E. Copley Dr. 5.5 CONCERTS IN THE PARK - SHOUT (60's) - July 14, 1999 - 6:30 - 8:00 p.m., Sycamore Canyon Park, 22930 Golden Springs Dr. 5.6 CITY COUNCIL MEETING - July 20, 1999 - 6:30 p.m., SCAQMD Auditorium, 21865 Copley Dr. 5.7 TOWN HALL MEETING (Solid Waste) - July 24, 1999 - 9:00 a.m. to 11:00 a.m., Heritage Park Community Center, 2900 S. Brea Canyon Rd. 5.8 HOUSEHOLD HAZARDOUS WASTE ROUNDUP - July 24, 1999 - 9:00 a.m. - 3:00 p.m., Gateway Corporate Center, 1300 Bridgegate Dr. 5.9 SUMMER CLEANUP (Bulky Items) - July 24, 1999 - 6:30 a.m. - 4:00 p.m., Curbside pickup. 6. CONSENT CALENDAR: C/Ansari moved, C/Huff seconded to approve the Consent Calendar with the exception of Items 6.1.2 and 6.8 A and B. Motion carried by the following Roll vote: AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.1 APPROVED MINUTES. - 6. 1.1 INUTES: 6.1.1 Study Session of June 1, 1999 - As submitted. 6.1.3 Town Hall Meeting of June 5, 1999 -As submitted. 6.1.4 Study Session of June 15, 1999 - As submitted. 6.1.5 Regular Meeting of June 15, 1999 - As submitted. 6.2 RECEIVED & FILED PLANNING COMMISSION MINUTES: 6.2.1 Regular Meeting of May 11, 1999. 6.2.2 Regular Meeting of May 25, 1999. 6.3 RECEIVED & FILED TRAFFIC & TRANSPORTATION COMMISSION MINUTES - Regular Meeting of May 13, 1999. JULY 6, 1999 PAGE 4 CITY COUNCIL 6.4 RECEIVED & FILED PARKS & RECREATION COMMISSION MINUTES - Regular Meeting of May 27, 1999. 6.5 APPROVED VOUCHER REGISTER - dated July 6, 1999 in the amount of $1,258,174.30. MPT/O'Connor abstained from voting on the following items related to the Lanterman Forensic Expansion Project: P.O. 8746 for $25.00; P.O. 8095 for $129.90; P.O. 8840 for $10,116.01; P.O. 8672 for $50,000.00; P.O. 8761 for $4.97; and Invoice #760459520 for $243.75. 6.6 REVIEWED AND APPROVED TREASURER'S STATEMENT - for May, 1999. 6.7 ADOPTED RESOLUTION NO. 99-55: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING ADVANCE AND REIMBURSEMENT AGREEMENT NUMBER 14 WITH THE DIAMOND BAR REDEVELOPMENT AGENCY - in the amount of $15,500. 6.9 APPROVED AMENDMENT OF CONTRACT WITH DEWAN LUNDIN & ASSOCIATES FOR CABLE UPGRADE INSPECTION - in an amount not to exceed $5,000 for inspection services related to the Phase II Cable System Upgrade. All fees will be paid by Century Communications. 6.10 APPROVED BUDGET ADJUSTMENT FOR BUILDING AND SAFETY SERVICES - increasing revenues for Building & Safety Services with D&J Engineering by $32,000 and expenditures by $19,200. 6.11 ADOPTED RESOLUTION NO. 99-56: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, AUTHORIZING AND APPROVING THE EXCHANGE OF PROPOSITION A (LOCAL RETURN TRANSIT FUNDS) TO THE CITY OF SANTA CLARITA, CALIFORNIA, FOR GENERAL FUNDS - in the amount of $300,000 to construct the Santa Clarita Jan Heidt Newhall Metrolink Station, in exchange for $.71 on the dollar ($213,000). 6.12 ADOPTED RESOLUTION NO. 99-57: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DECLARING ITS SUPPORT FOR THE CITY OF INDUSTRY SOLID WASTE TRANSER STATION. 6.13 APPROVED CONTRACT WITH DIAMOND BAR CHAMBER OF COMMERCE - in the amount of $36,000. JULY 6, 1999 PAGE 5 CITY COUNCIL MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.1.2 APPROVAL OF MINUTES - Regular Meeting of June 1, 1999 - As amended. C/Huff suggested that the last sentence of 6.9 on Page 9 be changed to: "In addition, 50 permits are to be issued for parking on Diamond Canyon Road across from Brea Canyon Cutoff." C/Huff moved, C/Herrera seconded, to approve the regular meeting minutes of June 1, 1999 as amended by C/Huff. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.8 CONTRACTS FOR BALLFIELD LIGHTING AT LORBEER MIDDLE SCHOOL: A. AWARDED CONTRACT FOR INSTALLATION OF BALLFIELD LIGHTS AT LORBEER MIDDLE SCHOOL - to D&J Foothill Electrical Contractors, Inc. in the amount of $163,437, plus a contingency amount of $16,340 (10%) for a total authorization of $179,777. B. AWARDED CONTRACT FOR CONSTRUCTION INSPECTION SERVICES FOR THE LORBEER MIDDLE SCHOOL BALLFIELD LIGHTS INSTALLATION PROJECT - to D&J Engineering in the amount of $3,225 plus a contingency amount of $325 (10°x6), for a total authorization of $3,550, and authorize the City Manager to execute the purchase order for said amount. In response to C/Ansari, CM/Belanger explained that the length of time that it will take to install the lights is largely dependent upon how quickly the light standards can be manufactured. CSD/Rose stated that the first four weeks of the project is the primary time of disruption to the campus. During this time, trenches are dug and wires, conduit and footings are placed for the lighting fixtures. At the time of award of contract, the contractor orders the poles and lighting fixtures. Until those poles and lighting fixtures arrive (anywhere from six to eight JULY 6, 1999 PAGE 6 CITY COUNCIL weeks) and after the trenching work is completed, there is nothing remaining except to wait until the products arrive for installation. Upon arrival of the products, the contractor has 30 days in which to place the poles and fixtures and have them ready to operate by the end of October. Therefore, there will be a two month period during which there will be practically no activity at the site. A tentative pre -construction meeting date has been set for July 15, 1999 with Pomona Unified School District pending award of contract and contractor's schedule. C/Ansari expressed her disappointment that this project has taken so long and would like to have it speeded up. C/Huff moved, MPT/O'Connor seconded, to approve contracts for Ballfield Lighting at Lorbeer Middle School. Motion carried by the following Roll Call vote: AYES NOES: ABSENT 7. PUBLIC HEARINGS: 8. OLD BUSINESS: COUNCIL MEMBERS - Ansari, Herrera, Huff, MPT/O'Connor, M/Chang COUNCIL MEMBERS - None COUNCIL MEMBERS - None None 8.1 APPOINTMENT OF MEMBER TO THE WILDLIFE CORRIDOR CONSERVATION AUTHORITY ADVISORY COMMITTEE - To fill a vacancy created by the resignation of Nick Camarotta. MPT/O'Connor moved, C/Huff seconded, to appoint R. J. Willkomm to the Wildlife Corridor Conversation Authority Advisory Committee. Motion carried 5-0 by Roil Call vote. 8.2 UPDATE ON LANTERMAN DEVELOPMENTAL CENTER FORENSIC FACILITY PROJECT. MPT/O'Connor reported on receipt of a letter from the Fair Political Practices Commission (FPPC). The FPPC concurred with the City Attorney's earlier advice that MPT/O'Connor should continue to recuse herself from decision-making relating to the Lanterman Expansion Project. MPT/O'Connor recused herself from Agenda Items 8.2, 8.3 and 8.4 and left the dais. JULY 6, 1999 PAGE 7 CITY COUNCIL CM/Belanger outlined the calendar of events with respect to the City's lawsuit against the State of California. C/Herrera said she spoke with Assemblyman Pacheco's wife, who encouraged her to have interested individuals attend the July 14, 1999 AB 373 hearing in Sacramento. She stated that she and C/Huff will not be able to attend the hearing and suggested that C/Ansari and M/Chang attend in their stead and contact committee members urging them to support the bill. She asked Council Members to contact cities that have not responded to D.B.'s request for them to adopt a resolution. She requested that staff forward copies of all letters and resolutions to each committee member and to the Governor reinforcing broad-based support for AB 373. She announced that she had been accepted to participate on Clifford Allenby's Advisory Committee. Mr. Allenby is the Director of the Department of Developmental Services. She stated that the mission of the committee is to provide recommendations to the Department of Developmental Services on preferred options for restructuring the developmental center's physical plants and services. 8.3 LANTERMAN TASK FORCE COMMITTEE - The Task Force was established to advise Council on a plan of action regarding the proposal by the State to expand Lanterman Developmental Center and admit severe behavioral and forensic patients to the facility. The Task Force has met on several occasions to develop and implement a plan of action. At this time, the work of the Task Force is complete. It is proposed that the Lanterman Developmental Center Expansion Project Task Force be dissolved. In addition, it is proposed that Council create a new Advisory Committee to review and make recommendations on legislation pertaining to the Lanterman Developmental Center and developmental centers, in general, and review and make recommendations on the actions of the State Department of Development Services related to Lanterman Developmental Center and developmental centers in general. The Advisory Committee would be Chaired by Council Member Herrera with Council Member Huff serving as Vice Chair and twelve additional members to be appointed by the Committee's Chair and Vice -Chair. Dr. Lawrence Rhodes agreed with dissolution of the Task Force. He asked that the Task Force be requested to prepare a final report to the Council prior to its dissolution. Gary Galbraith, D.B. resident and UCLA Psychiatry Professor, described the difference between mentally retarded and mentally ill. He stated that the forensic patients who are proposed to be housed in the expansion unit are mentally retarded and not mentally ill. JULY 6, 1999 PAGE 8 CITY COUNCIL Martha Bruske agreed that the Task Force should be disbanded. She felt that Council needs to take a closer look at the City's business rather than trying to tell the State how to deal with forensic clients. She disagreed with establishment of an Advisory Committee. Jennifer Hoey pointed out that Ruth Maples described the potential forensic patients as "murders, rapists, arsonists, etc." She said that approval of the Lanterman weed abatement contract made no sense. She stated that if a group of residents' perspective is so wrong, then Lanterman should offer information to enlighten the people of D.B. Dick Farrell felt that people should stop trying to confuse the issue by defending what Lanterman has been doing in the past with what they intend to do with the expansion and suggesting that those who are opposed to the expansion facility do not care about the current patient population, which is not true. This group is only opposed to bringing in a new element - the forensic patients. Sue Sisk thanked M/Chang and his wife for supporting the car rally. She pointed out that 14 escapes have taken place at the Porterville facility in the last two years since they began accepting forensic patients. The same person who failed to install an upgraded security system is the same person who will be in charge of the Lanterman upgrade. She objected to the contract with Lanterman for weed abatement that was approved by Council at its June 15 meeting. Clyde Hennessee spoke about the Lanterman Expansion Project. Darla Farrell said that Porterville residents are also concerned for their safety. In addition, some of the Porterville facility's employees are afraid of some of the forensic patients. She agreed with disbanding the task force. She was perplexed about why the City would grant a contract to Lanterman for weed abatement. She would rather that the City subsidize a youth group for this type of work. C/Ansari stated that these types of facilities need to be forthcoming. Lanterman has been a good neighbor over the past 71 years and Lanterman has answered the call for projects and has been a good contractor. The possible placement of forensic patients in an urban area close to a Little League field and residential dwellings is a different issue. Darla Farrell agreed that Lanterman had been a good neighbor over the past 71 years. The community is concerned that it has been deceived by Lanterman about the expansion project. JULY 6, 1999 PAGE 9 CITY COUNCIL Kim Chapman works with special needs kids. The members of the task force are educated about mental retardation and mental illness. The residents are saying that the forensic program has nothing to do with what has been going on at Lanterman for more than 70 years. The fact is, the residents were denied rights to respond to this change. When the rights of the developmentally disabled supersede the rights of community members, the community members will fight. The majority of D. B. residents are against this project. The majority of people who speak in favor of this project are employees, former employees, or are in some way connected to Lanterman. Following discussion, C/Herrera moved, C/Huff seconded, to request that Sue Sisk, Chairman of the Lanterman Expansion Project Task Force, prepare a final report to the Council and that 1) the Lanterman Developmental Center Expansion Project Task Force be dissolved, and 2) that an Advisory Committee be created and Chaired by Council Member Herrera and that Council Member Huff serve as the Vice Chair with thirteen additional members being appointed by the Chair and Vice Chair. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, M/Chang NOES: COUNCIL MEMBERS - None ABSTAIN: COUNCIL MEMBERS - MPT/O'Connor ABSENT: COUNCIL MEMBERS - None C/Herrera announced that the meeting scheduled for July 12 is cancelled. It is likely that the next meeting will be scheduled for July 19 and committee members will be notified by phone and/or mail. 8.4 AMENDMENT TO CONTRACT WITH SHEPPARD, MULLIN, RICHTER AND HAMPTON, LLP - On April 20, 1999, the City approved a contract with the law firm of Sheppard, Mullin, Richter and Hampton, LLP (SMRH). SMRH has been retained to prepare and proceed with litigation against the State of California related to the environmental documentation process for the proposed Lanterman Developmental Center Forensic Expansion Project. The contract amount at that time was not to exceed $50,000 for the initial preparation of the litigation. It is necessary to increase this amount to a not to exceed amount of $100,000 to cover costs for the ongoing legal process. C/Ansari moved, C/Herrera seconded, to approve an amendment to the contract for legal services related to the Lanterman Developmental Center Forensic Expansion Project with the firm of Sheppard, Mullin, Richter and Hampton, LLP, in the amount of $50,000. Motion carried by the following Roll Call vote: JULY 6, 1999 PAGE 10 CITY COUNCIL AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, M/Chang NOES: COUNCIL MEMBERS - None ABSTAIN: COUNCIL MEMBERS - MPT/O'Connor ABSENT: COUNCIL MEMBERS - None MPT/O'Connor returned to the dais. 8.5 RESOLUTION NO. 96-531: RESOLUTION OF THE CITY OF DIAMOND BAR SETTING FORTH PERSONEL RULES AND REGULATIONS REGARDING THE PAYMENT OF SALARIES, SICK LEAVE, VACATIONS, LEAVES OF ABSENCES AND OTHER REGULATIONS - On June 15,1999, Council approved the 1999-2000 budget, including a 2% cost -of -living increase for all employees (except the City Manager). In addition, the Resolution and attached salary schedule reflect the new position of Public Works Supervisor and reclassification of Administrative Assistant to Senior Administrative Assistant. The position of Deputy City Clerk is proposed to be reclassified to Assistant City Clerk. These reclassifications do not include salary adjustments. C/Ansari moved, C/Herrera seconded, to adopt Resolution No. 96-531 setting forth personnel rules and regulations regarding the payment of salaries, sick leave, vacations, leaves of absences and other regulations. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 8.6 SECOND READING OF ORDINANCE NO. 08(1999): AN ORDINANCE OF THE CITY OF DIAMOND BAR ADOPTING BY REFERENCE TITLE 32, FIRE CODE, OF THE LOS ANGELES COUNTY CODE; MAKING AMENDMENTS TO SAID CODE; AND AMENDING TITLE 16 OF THE DIAMOND BAR MUNICIPAL CODE - On June 15, 1999, Council approved first reading, by title only, of an Ordinance adopting the County Fire Code. The L.A. County Fire Department is currently providing fire protection services for D.B. as a member of the Consolidated Fire Protection District. The Uniform Fire Code is revised and updated by the State every three years and adopts the most current Fire Codes printed by the International Fire Code Institute, the International Conference of Building Officials and Western Fire Chief Association. The 1998 California Fire Code has been completely revised from previous years and revisions are consistent with revisions of the Building Codes. Local jurisdictions are required to adopt said codes by ordinance within six months of JULY 6, 1999 PAGE 11 CITY COUNCIL state approval or they will automatically be adopted by operation of law. The State allows local municipalities to amend the California Fire Code to meet the unique climatic, geographical and topographical conditions of a city. C/Ansari moved, C/Herrera seconded, to approve second reading by title only, waive full reading and adopt Ordinance No. 08(1999) adopting Title 32, Fire Code and Amending Title 16 of the D.B. Municipal Code. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 9. NEW BUSINESS: 9.1 RESOLUTION NO. 99-58: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING A STEVEN M. TAMAYA MEMORIAL FUND for the enhancement of parks within the City of Diamond Bar. MPT/O'Connor moved, C/Ansari seconded, to adopt Resolution No. 99-58. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 9.2 ORDINANCE NO. 09(1999): AN ORDINANCE AMENDING DIAMOND BAR PREFERENTIAL PARKING DISTRICT NO. 2, RESTRICTING PARKING THEREIN AND AMENDING THE DIAMOND BAR MUNICIPAL CODE ACCORDINGLY - Council reviewed the parking situation on Fallow Field Drive and Pasco Court on June 1, 1999 and directed staff to amend Preferential Parking District No. 2 by instituting "No Parking, 8:00 a.m. - 5:00 p.m., Monday - Friday, Except by Permit" from 3200 Fallow Field Drive to Malad Court, including all of Pasco Court, for residential parking. In addition, Council directed staff to develop limited, less than 7 parking spaces, employee parking for First Mortgage Corporation (FMC) on the east side of Fallow Field Drive. It is recommended that only commercial parking permits be issued. Along the west side of Fallow Field Drive from Brea Canyon Cutoff Road to Pasco Court, there will be "No Parking Anytime." Implementation of uniformity of these signs will accommodate both the residents and business needs and will JULY 6, 1999 PAGE 12 CITY COUNCIL assist in enforcement of the parking regulations MPT/O'Connor reiterated her belief that the City should not be issuing permits to allow businesses to park on City streets and stated that she was opposed to that element of this Ordinance. C/Ansari reported that a resident called her and expressed the fact that they were extremely irate about the City allowing commercial parking on residential streets. Following discussion, C/Huff moved, C/Ansari seconded, to introduce first reading by title only and waive full reading of Ordinance No. 0X(1999) amending D.B. Preferential Parking District No. 2 as amended to include 5 parking spaces on both the westerly and easterly sides of the street, allow residents to park in the remaining areas and establish "No parking, except by Permit." Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, M/Chang NOES: COUNCIL MEMBERS - MPT/O'Connor ABSENT: COUNCIL MEMBERS - None 9.3 RESOLUTION NO. 99-59: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, DECLARING ITS OPPOSITION TO THE SITING AND CONSTRUCTION OF ANY REFUSE MANAGEMENT FACILITY IN THE VICINITY OF THE SPADRA LANDFILL - The Spadra Landfill is expected to close next year in Spring 2000, and the City of Pomona is trying to secure a few acres at the Spadra Landfill in order to build a trash -transfer station. In fact, recently, the Pomona City Council removed the 1,000 ton -per - day trash limit for a future trash -transfer station. With the acreage and the lack of a ton -per -day trash limit, Pomona has the potential to build a large, regional facility. This Resolution would state the City's opposition to the siting and construction of any refuse management facility at Spadra Landfill. CM/Belanger stated that staff would send copies of the Resolution to the Sanitation District, Cal Poly Pomona, Mt SAC, Cities of Walnut and Pomona, Lanterman, etc. MPT/O'Connor suggested sending copies to surrounding cities as well. C/Huff moved, MPTIO'Connor seconded, to adopt Resolution No. 99- 59 declaring opposition to the siting and construction of any refuse JULY 6, 1999 PAGE 13 CITY COUNCIL management facility in the vicinity of Spadra Landfill. Motion carried by the following Roll Call vote.- AYES.- ote: AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, MPT/ O'Connor, M/Chang NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 9.4 DISCUSSION OF REQUESTING FCC CHANGES IN POLICY REGARDING AREA CODES - The State is experiencing a proliferation of new area codes. In 1997, there were only 14 area codes for the entire State and by the end of 1999 there will be 26. With the institution of new codes, the California Public Utilities Commission (CPUC) has instituted both geographic splits and overlays. The geographic 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 other codes function simultaneously. With the two area codes, all calls need to use 11 - digit dialing. In California, there are approximately 180 million phone numbers allocated to telecommunications companies. The CPUC reports that only 37 million of these numbers are in use. The CPUC has petitioned the FCC for relief through Block Number Assignments and Technology Specific area code overlays. The L.A. County Board of Supervisors has supported the CPUC's petitions. C/Huff moved, C/Ansari seconded, to send a letter in support of an FCC waiver regarding block number assignments and technology specific area code overlays. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, MPT/ O'Connor, M/Chang NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 9.5 CODE ENFORCEMENT SUBCOMMITTEE APPOINTMENTS - Currently, the Code Enforcement Officer works closely with Public Works and Building & Safety staff to deal with code enforcement related problems. At the June 15, 1999 Study Session, it was suggested that a Council subcommittee be appointed to review Code Enforcement issues. The purpose of the subcommittee is to review Code Enforcement and make recommendations to the City Council. MPT/O'Connor offered to serve on the committee. JULY 6, 1999 PAGE 14 CITY COUNCIL C/Huff moved, C/Herrera seconded, to appoint the Mayor and Mayor Pro Tem to the subcommittee as this is such an important topic. Martha Bruske commended Council on formation of the subcommittee and stated that she would be glad to provide input on this matter. Clyde Hennessee suggested that the City identify the Code Enforcement Officer and the vehicle that he drives. Jeff Koontz stated that there will be an educational campaign taking place within the next month advising residents about code enforcement issues. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, MPT/ O'Connor, M/Chang NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 9.4 SUPPORT OF HR1315 (Dreier) PUBLIC SERVICES CAP - The Community Development Block Grant (CDBG) program was established through the Housing and Community Development Act of 1974. The primary program of each grantee under the Title is development of viable urban communities by providing decent housing and a suitable living enforcement and expanding economic opportunities, principally for persons of low and moderate income. The use of CDBG funds must meet the primary national objectives: (1) benefit low and moderate income persons; (2) address slum or blight; or (3) meet a particular urgent community development need. The funds may be used for a variety of Community Development activities, which develop a viable urban community, principally for persons of low and moderate -income levels. Of the City's total yearly allocation, a portion (15%) may be allocated toward community service projects. Due to the L.A. riots, there was a five-year exception to the 15% public service cap, increasing it to a 25% public service cap. The 25% public service cap exception reached the sunset clause in FY 97-98. Local cities and the County have been lobbying to create permanent retention of the 25% public service cap. In addition, the League of California Cities is recommending additional flexibility in the use of all CDBG Funds. HR 1315 eliminated the fiscal year limitation on the percentage of CDBG funds received by the City and County (and all cities in L.A. County) that may be used to provide public services. The bill would allow for local control for the most efficient use of CDBG Funds. JULY 6, 1999 PAGE 15 CITY COUNCIL Dr. Lawrence Rhodes asked Council to support HR 1315. C/Ansari moved, C/Herrera seconded, to support HR 1315 (Dreier) and send letters in support to the Representative on the Committee on Banking and Financial Services. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, MPT/ O'Connor, M/Chang NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 9.6 SUPPORT OF SB 676 REGARDING RECYCLED PAPER PRODUCTS: STATE PURCHASING - The State Assistance for Recycling Markets Act of 1989 requires the Department of General Services to set a goal for purchase of recycled paper products by state agencies of at least 50°x6 of paper products purchased. All state agencies are required to submit to the Department and the California Integrated Waste Management Board a plan to meet this goal. These provisions would be repealed, under existing law, on January 1, 2001. SB 676 is an act to amend Section 12162 of the Public Contract Code relating to recycling. The bill would provide that purchasing 50% recycled paper products is a requirement rather than a goal and would delete the requirement that state agencies submit plans related to the recycled paper product purchasing. The bill would also delete the repeal provision. Without sustained demand for recycled products, jurisdictional efforts to achieve AB 939's 50% waste reduction mandate will fail, resulting in penalties up to $10,000 per day. In this event, separated materials will ultimately find their way to landfills which is contrary to the goal of AB 939. C/Ansari moved, C/Herrera seconded, to support SB 676 regarding State purchasing of recycled paper products. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None RECESS TO REDEVELOPMENT AGENCY MEETING: M/Chang recessed the City Council Meeting to the Redevelopment Agency at 10:15 p.m. RECONVENE CITY COUNCIL MEETING: M/Chang reconvened the City Council meeting at 10:19 p.m. JULY 6, 1999 PAGE 16 CITY COUNCIL 10. COUNCIL SUB -COMMITTEE REPORTS AND MEMBER COMMENTS: C/Huff stated that residents have expressed to him that they are concerned about the number of study sessions being conducted by the Council and that they are not held in the public arena. He encouraged Council to conduct fewer study sessions and more of its business during the regular meeting time. Residents have expressed concerns about the cable increase and the applicable City tax. He stated that there is no tax. There is a franchise fee that has been in effect since the 1970's, which was implemented by the County. A year ago, this item was split out on the statement, which has caused this concern. He explained Council's discussion and ultimate decision with respect to the Lanterman Weed Abatement Contract, which has no bearing on current discussions regarding the potential expansion project. Regarding comments that Council Members need to spend more time at home, D.B. is not an island unto itself and matters of concern to residents are shared by many communities and regions. He spoke about how regional matters affect the City and its residents. C/Ansari thanked C/Huff for clarifying the issue of why Council Members work on a regional basis on behalf of the City. She spoke about her four and one-half years of work on the SCAG Solid Waste Committee and her attendance as a member of the League of Cities Energy and Environment committee. She recently testified before the L.A. Regional County Water Board on the storm water permit. She has received several telephone calls from concerned citizens regarding the way the trash is picked up and that pickup days have been changed. Council Members are very involved with many efforts that affect the City. C/Herrera reiterated C/Huffs and C/Ansari's comments in response to comments made by one of the residents that the Council Members need to stay at home and tend to business. While issues occurring at home are very important, D.B. is affected by decisions made in Sacramento and the City needs to do what it can in order to influence those decisions for the betterment of the community. She stated that, as a Council Member, she knows about public safety and citizen rights, which is the capacity in which she will be serving on the advisory committee. She was pleased to have an opportunity to make a positive impact in this area. She believed that the overall long-term solution to the Lanterman issue is to have an affect on policy made in Sacramento by the State, which cannot be done by remaining at home. MPT/O'Connor stated that the Concerts in the Park series has been JULY 6, 1999 PAGE 17 CITY COUNCIL well attended. She encouraged everyone to participate. On June 19, she attended the D.B. Chinese Association's Installation Dinner. She thanked Past President Andrew Hsu for his excellent work and congratulated incoming President George Kuo, who serves as a Planning Commissioner for the City. On June 21, she and C/Ansari attended the Grand Opening of the Asian Crime Task Force Headquarters in the City of Industry and also on that same date, held a Minnequa Landslide Subcommittee meeting. On June 22, she attended the Chamber Mixer for new members. The Chamber is very actively recruiting local businesses. She encouraged people to attend the Chamber's July 27 Small Business Seminar. On June 23, she attended the Walnut Valley Rotary Dinner for sports celebrities. On Thursday, she played golf with Olympic Decathlon participant Dave Johnson. On Saturday and Sunday, she attended the D.B. Amateur Radio Society Field Day at Summitridge Park. On June 29, she met with Walnut School Board Member Dr. Lee and Superintendent Dr. Hockwalt concerning their intention for their vacant properties. She thanked the Community/Civic Center Task Force members for their fine presentation to Council on June 29. On July 1, the Finance Committee met to review the warrant register. She asked that the matter of trash pick up days and schedule be agendized. She thanked the other Council Members for their dedication to evening and out of town meetings. She will attempt to continue to do as much as possible at the local level. She agreed that the Council cannot be effective if it pays attention only to local issues. Regional issues affect the City and the Council must deal with those issues in order to do the best possible job for the community. M/Chang invited residents to participate in the Concerts in the Park series and especially invited the Lanterman residents to participate. He commended the Chinese Association members for their many contributions to the City. He commended Lee Baca, L.A. County Sheriff for his contribution to the Asian community by establishing the Asian Task Force. He spoke about visiting former President Reagan's Ranch in Santa Barbara during his recent vacation. He also met with Walnut Valley School Board members and the Superintendent regarding the use of vacant lands. He thanked the Manager of Von's Super Market for visiting D.B. He stated that the City must participate in regional and state matters in order to improve the community. 11. ADJOURNMENT: There being no further business to conduct, M/Chang adjourned the meeting at 10:55 p.m. in memory of Steve Tamaya. ATTEST: Mayor LYNDA BURGESS, City Clerk GITT or DIAMVNU MAK 11+, TOWN HALL MEETING SOLID WASTE STANDARDS Saturday, July 10, 1999 CALL TO ORDER: Mayor Chang called the Meeting to order at 9:05 a.m. at the Diamond Point Elementary School, 24150 Sunset Crossing Road, Diamond Bar, California. 2. ROLL CALL: Council Members Mayor ProTem O'Connor and Mayor Chang. Council Member Ansari arrived at 10:12 a.m. Also present were: Terrence L. Belanger, City Manager; David Liu, Deputy Director of Public Works; Lynda Burgess, City Clerk; Anne Haraksin, Administrative Assistant and Sharon Gomez, Administrative Secretary_ 3. PRESENTATION: J. Michael Huls, Integrated Environmental Services Coordinator, presented the draft ordinance that will affect waste hauler permitting, and waste prevention and recycling programming in D.B. He recommended that the City have a strategy in reaching compliance; that it maintain a competitive system in order to meet the AB 939 goal; that it implement the SRRE, keep costs as low as feasible and work toward providing long term disposal needs. Alternative pathways to compliance would involve doing the minimum by completing ordinance changes and selecting a single service provider to meet the requirements. He stated that the City Council chose the middle path. Ordinance changes affect service providers, single family residential and multi -family residential as well as commercial and industrial service. The ordinance would provide stipulated changes such as, provide pay as you throw systems for all 3 sections, that permittee(s) would furnish all refuse and recycling containers. Single family residents (SFR's) could opt for up to 3 barrel separation with recycling and yard waste containers. However, additional refuse barrels require a surcharge. Single family residents can receive discounts by using smaller barrels and reducing waste. Additional stipulated changes would provide incentives for participants in all three sectors. No one can knowingly dispose of recyclable materials unless collection services are not provided. Alternatives would be encouraged for the commercial/industrial sector. There would be mandatory provisions included for multi -family residential complexes. The City and the permittees must closely monitor the programs for compliance. With this implementation, the City would expect a 12-15% increase in diversion. This program fulfills the good faith effort based on the City's SRRE, establishes system(s) to address future disposal capacity problems and installs incentives. With respect to financial impacts to the City, implementation cost may be less than the $10,000 per day fines for non-compliance with AB 939. In addition, rates could decrease as a result of the bidding process. Mr. Huls recommended the following: That the initial draft ordinance be introduced JULY 10, 1999 PAGE 2 TOWN HALL MEETING (completed); direct staff to conduct community meetings to obtain public input (underway); based upon public input, modify the ordinance; re -introduce the ordinance; adopt the ordinance prior to the end of 1999, schedule program implementation, and proceed with the implementation. 4. PUBLIC INPUT/QUESTIONS & ANSWERS: Franz Foels as for an explanation of an open vs. closed system. Red Calkins asked why the City is bringing in one hauler without giving others a chance to bid? CM/Belanger stated that the City Council has not yet made its determination. Currently, D.B. has a single hauler as a result of a merger of its two haulers. The City's system allows other companies to come into D.B. Clyde Hennessee asked about discounts for using smaller cans. He did not trust a "pay as you throw" system because of Waste Management. CM/Belanger stated that copies of the draft Ordinance together with J. Michael Huls' presentation will be sent to all persons in attendance at this meeting. In addition, the information will be available at the next scheduled meeting. Jeff Duhamel, waste management consultant, stated that he represents City of Industry Disposal and Valley Vista Services. 5. CLOSING COMMENTS/NEXT MEETINGS: Future meeting: Saturday, July 24, 1999, 9:00 a. m. to 11:00 a. m., Heritage Park Community Center Tuesday, August 3, 1999, 4:00 p.m., South Coast Air Quality Management District Auditorium, 21865 E. Copley Drive, Diamond Bar. ADJOURNMENT: There being no further business to conduct, Mayor Chang adjourned the Town Hall Meeting at 10:56 a.m. ATTEST: Mayor LYNDA BURGESS, City Clerk E 3 CITY OF DIAMOND BAR Q CITY COUNCIL STUDYSESSION JULY 20, 1999 CITY COUNCIL CALL TO ORDER: Mayor Chang called the meeting to order at 5:30 p.m. in South Coast Air Quality Management District Room CC -8, 21865 E. Copley Drive, Diamond Bar, California. ROLL CALL: Council Members Ansari, Herrera, Huff, Mayor Pro Tem O'Connor and Mayor Chang. Also Present were: Terrence L. Belanger, City Manager; Mike Jenkins, City Attorney; James DeStefano, Deputy City Manager; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Kellee Fritzal, Assistant to the City Manager; Anne Haraksin, Administrative Assistant; Lynda Burgess, City Clerk, and Sgt. Mike Flannery. STREET TREE PROGRAM DISCUSSION: CSD/Rose stated that the estimated cost to plant a 24 -inch box tree is $175. There is approximately $350,000 budgeted in District 38 for medians on Golden Springs which has, apparently, been approved for Proposition C funding. Staff is recommending that the priority for planting be D.B. Blvd., then Grand Ave. east of D.B. Blvd. and then Grand Ave. west of D.B. Blvd. Ken Gerby, West Coast Arborists, responded to CM/Belanger that depending upon availability, it would take approximately six months to complete the planting of the 543 new trees. CSD/Rose indicated to M/Chang that staff intends to bring this matter to Council at its August 3, 1999 meeting. Staff will make the recommendation for completing the entire planting and transferring the money from the Golden Springs median project to this project, along with other alternatives. Other recommendations would be made in accordance with this report and request a certain amount of money to phase in replacement over a number of years. Staff will investigate the feasibility of enlarging tree wells and provide information accordingly. C/Ansari said she would like to have some of the dead ground cover replaced on D.B. Blvd. 4. MILLENIUM "FIRST NIGHT OUT" CELEBRATION PROPOSAL: CSD/Rose presented staffs report including proposed budget figures. The event is proposed to take place at the. intersection of D.B. Blvd. and Grand Ave. with all four lanes of the intersection closed to through traffic. Vendors have indicated they can provide tables, chairs, canopies, stages, etc. on the day of the event. They will set everything up using their labor and return that evening following the event to take everything down in order to have the intersection open and operating by the next morning. He indicated that the City of Fullerton has done a "First Night Out" JULY 20, 1999 PAGE 2 CITY COUNCIL STUDY SESSION program for a few years that runs from 7:00 p.m. to 12:00 midnight, includes fireworks, etc. Last year, they paid about $82,000 to have their event. "First Night Out" is a patented name. The details of the D.B. event will need to be worked out. The first step is to make a commitment to hold the event and plan accordingly. CA/Jenkins stated that the best option for the City is to enter into a bondable contract with vendors because it is not possible to guarantee that they will follow through should they receive a better offer. However, if the City places onerous conditions on the vendors, they will have no reason to sign a contract here if they have other options. The City is at the mercy of the vendors. CSD/Rose pointed out the pros and cons of such an event. He stated that a possible funding source for the event is the sale of approximately $1.4 million reserve Proposition A Funds. Santa Clarita is seeking an additional $400,000 in Proposition A Funds. C/Herrera believed most cities are planning an extraordinary event for that night. MPT/O'Connor liked the idea of obtaining funding through the sale of reserve Proposition A Funds. CM/Belanger recommended that Council consider the proposal at its August 3, 1999 meeting. CSD/Rose responded to C/Huff that the entire event could be paid for with Proposition A Funds. Martha Bruske said she is not interested in a party. She would rather that the money be used to rehabilitate the City. 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 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR JULY 20, 1999 CLOSED SESSION 5:00 p.m. 1) Conference with Legal Counsel — Existing Litigation (California Government Code Section 54956.9(a) — Barbara Beach-Courschene, et al vs. Diamond Bar Redevelopment Agency, Case No. BC 175655 2) Conference with Legal Counsel — Filing of Amicus Curiae regarding Friends of Mammoth Lakes, et al vs. Town of Mammoth Lakes, et al. STUDY SESSION: 5:30 p.m., SCAQMD Room CC -8 1) Code Enforcement Report - Continued to August 3, 1999 2) Street Tree Policy 3) Millennium Celebration Present: 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 and Lynda Burgess, City Clerk. Study Session adjourned at 6:30 p.m. 2. CALL TO ORDER: Mayor Chang called the regular 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 Herrera, Huff, Mayor ProTem O'Connor and Mayor Chang. Council Member Ansari arrived at 7:10 p.m. Also present were: Terrence L. Belanger, City Manager; Mike Jenkins, City Attorney; James DeStefano, Deputy City Manager; Bob Rose, Community Services Director; Linda Magnuson, Finance Director, and Lynda Burgess, City Clerk. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Dexter MacBride. INVOCATION: The Invocation was given by Rex Wolins, Associate Pastor, Diamond Canyon Christian Church. APPROVAL OF AGENDA: As presented. JULY 20, 1999 PAGE 2 CITY COUNCIL MEETING 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Presentation by Yolanda Ruiz requesting City Council adoption of a Resolution recommending denial of parole to convicted murderer, Danny Saul Rosales. M/Chang recognized Councilwoman Sally Fallon from the City of La Puente. 3.2 Presented City Tile to Assemblyman Robert Pacheco. 3.3 Presented Certificates of Recognition to the original 25 Lanterman Task Force Members. MPT/O'Connor recused herself from this presentation. BUSINESS OF THE MONTH: 3.4 Presented City Tile to Matt Tachdjian, owner of Diamond Bar Honda, on the occasion of the company's 5th Anniversary. 4. PUBLIC COMMENTS: Clyde Hennessee spoke about utility bills. He suggested that the City contact the PUC to complain about their new billing practices. He stated that a lot of trees were removed by residents because of ongoing maintenance problems. He pointed out that there is a connection between the City's concern for getting rid of green waste and consideration of planting more trees. Sue Sisk stated that there will be a Lanterman Expansion Project Advisory Committee meeting on July 22, 1999 at 7:00 p.m. in Room CC -3 and 5 at the AQMD. She spoke about her concern regarding the Council's June 15 approval of a $16,000 contract with Lanterman Development Center for litter and weed abatement and that the approval casts a cloud over the Council Members. Martha Bruske asked for a list of the Advisory Committee members, what their activities will be and an indication of the level of the City's financial support to the organization. 5. SCHEDULE OF FUTURE EVENTS: 5.1 CONCERTS IN THE PARK - "ALTURAS" (Latin Jazz) - July 21, 1999 - 6:30 - 8:00 p.m., Sycamore Canyon Park, 22930 Golden Springs Rd. 5.2 PARKS & RECREATION COMMISSION - July 22, 1999 — 7:00 p.m., AQMD Hearing Board Room, 21865 E. Copley Dr. 5.3 LANTERMAN ADVISORY COMMITTEE MEETING - July 22, 1999 — 7:00 p.m., AQMD Building, Room CC -3&5. 5.4 TOWN HALL MEETING (Solid Waste) - July 24, 1999 - 9:00 a.m. - 11:00 a.m., Heritage Park Community Center, 2900 S. Brea Canyon Rd. JULY 20, 1999 PAGE 3 CITY COUNCIL MEETING 5.5 HOUSEHOLD WASTE ROUNDUP - July 24, 1999 - 9:00 a.m. - 3:00 p.m., Gateway Corporate Center, 1300 Bridgegate Dr. 5.6 SUMMER CLEANUP (Bulky Items) - July 24, 1999 - 6:30 a.m. - 4:00 p.m., Curbside Pickup. 5.7 PLANNING COMMISSION - July 27, 1999 - 7:00 p.m., SCAQMD Auditorium, 21865 E. Copley Dr. 5.8 CONCERTS IN THE PARK - "ORANGE COLORED SKY" (Top Rock) - July 28, 1999 - 6:30 - 8:00 p.m., Sycamore Canyon Park, 22930 Golden Springs Dr. 5.9 TOWN HALL MEETING - August 3, 1999 - 4:00 p.m., SCAQMD Auditorium, 21865 E. Copley Dr. 5.10 CITY COUNCIL MEETING - August 3, 1999 - 6:30 p.m., SCAQMD Auditorium, 21865 E. Copley Dr. 5.11 D.B. NIGHT AT THE QUAKES -August 25, 1999 - 7:00 p.m., $10/person. 6. CONSENT CALENDAR: C/Herrera moved, C/Ansari seconded, to approve the Consent Calendar as presented with MPT/O'Connor recusing herself from voting on the certain items contained within the Warrant Register (See Consent Calendar Item No. 6.4). Motion carried by the following Roll vote: AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.1 APPROVED MINUTES: 6. 1.1 Study Session of July 6, 1999 -As submitted. 6.1.2 Regular Meeting of July 6, 1999 -As amended. 6.2 RECEIVED & FILED PLANNING COMMISSION MINUTES - Regular Meeting of June 8, 1999. 6.3 RECEIVED & FILED TRAFFIC & TRANSPORTATION COMMISSION MINUTES - Regular Meeting of June 10, 1999. 6.4 APPROVED VOUCHER REGISTER - dated July 20, 1999 in the amount of $306,159.13. MPT/O'Connor abstained from voting on the following items which related to the Lanterman Forensic Expansion Project: Invoice #101049 in the amount of $130; Invoice #101051 in the amount of $4,761.02 JULY 20, 1999 PAGE 4 CITY COUNCIL MEETING and Wells Fargo Bank Credit Card Charges in the amount of $1,111.22. 6.5 APPROVED BOND RELEASES/REDUCTIONS- 6.5.1 EXONERATION OF CASH DEPOSIT IN LIEU OF GRADING BOND (FAITHFUL PERFORMANCE, LABOR & MATERIAL) FOR LOTS 13, 14, 15, 16 TRACT 30093, (21121212212132/2142 INDIAN CREEK ROAD) IN DIAMOND BAR - in the amount of $35,100 posted with the City on April 17, 1995 and directed the City Clerk to notify the Principal and Surety of this action. 6.5.2 REDUCTION OF GRADING PERMIT BOND (FAITHFUL PERFORMANCE, LABOR & MATERIAL) FROM $170,000 TO $54,400 FOR TRACT 45268 - from $170,000 to $54,400 for Tract No. 45268 and directed the City Clerk to notify the Owner and Surety of this action. 6.5.3 REDUCTION OF GRADING PERMIT BOND (FAITHFUL PERFORMANCE, LABOR & MATERIAL) FROM $1,260,000 TO $415,800 AND EXONERATION OF FAITHFUL PERFORMANCE BOND IN THE AMOUNT OF $33,000 FOR CORRECTIVE GEOLOGIC IMPROVEMENTS FOR TRACT 43760 IN DIAMOND BAR - from $1,260,000 to $415,800 for Tract No. 43760 posted with the County on August 29, 1985 and exonerate Faithful Performance Bond for Corrective Geologic Improvements in the amount of $33,000 for Tract No. 43760 posted with the County May 7, 1986 and direct the City Clerk to notify the Owner and Surety of this action. 6.5.4 EXONERATION OF GRADING PERMIT BOND (FAITHFUL PERFORMANCE, LABOR & MATERIAL) IN THE AMOUNT OF $35,427 AND REDUCTION OF FAITHFUL PERFORMANCE BOND FOR INSTALLATION OF THE PARK SEWER LINE AND CONNECTION IMPROVEMENTS/PARKWAY ENTRY SIGN FROM $20,000 TO $15,000 FOR TRACT 44824 IN DIAMOND BAR - in the amount of $35,427 and reduction of Faithful Performance Bond for installation of park sewer line and connection improvements/parkway entry sign from $20,000 to $15,000 for Tract No. 44824 and direct the City Clerk to notify the Owner and Surety of this action. 6.6 ADOPTED RESOLUTION NO. 99-60: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE INSTALLATION OF MULTI -WAY STOP SIGNS AT THE INTERSECTION OF LONGVIEW DRIVE AND THUNDER TRAIL. 6.7 A) APPROVED PURCHASE ORDER TO PROCURE TRAFFIC SIGNAL POLES FOR THE INTERSECTIONS OF BREA CANYON ROAD/SILVER BULLET DRIVE, LEMON AVENUE/LYCOMING STREET, GOLDEN SPRINGS DRIVE/RAPIDVIEW DRIVE AND DIAMOND BAR JULY 20, 1999 PAGE 5 CITY COUNCIL MEETING BOULEVARD/SR 57 ON-RAMP - to be issued to Lingo Industrial Electric in an amount not to exceed $32,386.24 with the possibility of adding a change order to remove D.B. Blvd./SR57 poles if staff cannot come to agreement with CalTrans. B) ADOPTED RESOLUTION NO. 99-61: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE TRAFFIC SIGNAL IMPROVEMENT PROJECT AT THE INTERSECTIONS OF BREA CANYON ROAD/SILVER BULLET DRIVE, LEMON AVENUE/LYCOMING STREET, GOLDEN SPRINGS DRIVE/RAPIDVIEW DRIVE AND DIAMOND BAR BOULEVARD/SR57 ON-RAMP IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS - with a change in the Plans and Specifications to make the signals at D.B. Blvd./SR57 as an alternative bid item. 6.8 APPROVED UPGRADE OF ELECTRONIC DOCUMENT MANAGEMENT SOFTWARE FOR INPUT, RETRIEVAL AND STORAGE OF VITAL RECORDS - Fortis by File Magic, Fortis Power Web Server, Fortis Office, software support, installation and training from Document Imaging Service Corp. (DISC) of San Diego in an amount not to exceed $46,230. Funds are currently available in the FY 1999-2000 budget approved by Council on June 15, 1999. 6.9 CONTRACTS FOR GOLDEN SPRINGS DRIVE REHABILITATION PROJECT FROM GRAND AVENUE TO TORITO LANE. A) AWARDED CONSTRUCTION CONTRACT - to Excel Paving Co. for the Golden Springs Drive Street Rehabilitation Project in an amount not to exceed $742,593 and authorized a contingency amount of $75,000 for project change orders to be approved by the City Manager, for a total authorization of $817,593. B) AWARDED INSPECTION SERVICES CONTRACT - to Hall & Foreman, Inc. for the Golden Springs Drive Street Rehabilitation Project, in an amount not to exceed $48,000 and provided a contingency amount of $5,000 for contract amendment(s) to be approved by the City Manager, for a total authorization amount of $53,000. 6.10 A) AWARDED CONSTRUCTION CONTRACT FOR AREA I SLURRY SEAL OVERLAY - to Asphalt Maintenance Co. of California in an amount not to exceed $535,603.53 and authorized a contingency amount of $25,000 for project change orders to be approved by the City Manager, for a total authorization of $560,603.53. JULY 20, 1999 PAGE 6 CITY COUNCIL MEETING B) AWARDED CONSTRUCTION CONTRACT FOR AREA 1 SLURRY SEAL - ARAM OVERLAY PROJECT - to Manhole Adjusting in an amount not to exceed $105,676.96 and authorized a contingency amount of $4,000 for project change orders to be approved by the City Manager, for a total authorization of $109,676.96. C) AWARDED CONTRACT FOR AREA 1 SLURRY SEAL - CONSTRUCTION ADMINISTRATION AND INSPECTION SERVICES - to GFB-Friedrich & Assoc., Inc. in an amount not to exceed $34,807 and authorized a contingency amount of $3,000 for contract amendments to be approved by the City Manager, for a total authorization of $37,807. 6.11 ADOPTED RESOLUTION NO. 99-62: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, RECOMMENDING THAT PAROLE BE DENIED TO CONVICTED MURDERER, DANNY SAUL ROSALES. 6.12 ADOPTED RESOLUTION NO. 99-63: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE TRAFFIC SIGNAL IMPROVEMENT PROJECT AT THE INTERSECTIONS OF BREA CANYON ROAD/DIAMOND CREST LANE, BREA CANYON ROAD/GLENBROOK DRIVE, AND BREA CANYON ROAD/GOLDEN SPRINGS DRIVE IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS - rejected all bids, and adopted Resolution No. 99-83 approving Specifications for the Traffic Signal Improvement Project at the Intersections of Brea Canyon Rd./Diamond Crest Ln., Brea Canyon Rd./Glenbrook Dr., and Brea Canyon Rd./Golden Springs Dr. 7. PUBLIC HEARINGS: None 8. OLD BUSINESS: 8.1 PROPOSED AMENDMENT TO WILDLIFE CORRIDOR CONSERVATION AUTHORITY JOINT EXERCISE OF POWERS AGREEMENT TO PERMIT THE COUNTY OF LOS ANGELES TO BECOME A PARTY TO THE JOINT POWERS AGREEMENT - The County has made a request to become a party to the Wildlife Corridor Conservation Authority Joint Exercise of Powers Agreement (WCCA). The County is the governing body of the greater majority of the territory within the corridor, as delineated by WCCA. Further, the County is the single largest source of funding available to WCCA for conservation activities. The City representative (Mayor Pro Tem O'Connor) to the WCCA Board of Directors and the alternate City representative (Councilman Huff) recommended the proposed amendment. JULY 20, 1999 PAGE 7 CITY COUNCIL MEETING Clyde Hennessee expressed concern about opposing entities. He asked what happened to the $10,000,000 and whether D.B. got a portion of the money. CM/Belanger stated that the Parks Bond Act was adopted in 1996 by L.A. County voters. The Act provided for $10,000,000 for the acquisition of land east of Colima Rd., the primary purpose being the purchase of the Firestone Boy Scout Reservation by WCCA. C/Herrera moved, MPT/O'Connor seconded, to approve the amendment to the Wildlife Corridor Conservation Authority Joint Exercise of Powers Agreement to permit L.A. County to become a party to the joint powers agreement and authorized and directed the Mayor to execute the proposed amendment to the joint powers 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. NEW BUSINESS: 9.1 ORDINANCE NO. 10(1999): AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING CHAPTER 18.108 OF TITLE 18 OF THE DIAMOND BAR MUNICIPAL CODE ADOPTING AMENDMENTS TO UPDATE THE MINIMUM NATIONAL FLOOD INSURANCE PROGRAM REQUIREMENTS FOR -FLOODPLAIN MANAGEMENT - Congress passed the National Flood Insurance Act of 1968 establishing the National Flood Insurance Program (NFIP) to enable property owners to purchase insurance protection against losses from flooding. Community participation in the NFIP is based on an agreement with the Federal Emergency Management Agency (FEMA) that the community will implement and enforce measures to reduce future flood risks to new construction in flood -prone areas. By doing this, the community would be provided with available flood insurance as financial protection against losses in the special flood zone areas. There are two areas so noted in D.B. The City's current floodplain management regulations are contained in Chapter 18.108 of the Municipal Code adopted by Ordinance No. 30(1989). The City became a participant in the NFIP via adoption of Resolution No. 91-51 and subsequent approval by FEMA on July 31, 1991. Community Assistance Visits (CAV) are also a part of the program for periodic contact and to assure compliance with current NFIP regulations. To date, the City has had two CAVs, with the last one conducted on October 26, 1998. The proposed amendments implement changes necessary for the City's compliance with the minimum requirements and restrictions per the CAB and the FEMA Model Ordinance. JULY 20, 1999 PAGE 8 CITY COUNCIL MEETING M/Chang declared the Public Hearing open. Dr. Lawrence Rhodes pointed out that an area between Lycoming Ave. and Washington St., eastbound on Brea Canyon Rd., had a major slide in 1910. The runoff devices will cause runoff to flood many of the homes in the Fibre Ct. and Washington St. area in the event of a major event. The slide area remains unstable and he was concerned about the location of the flood zone. There being no further testimony offered, M/Chang closed the Public Hearing. C/Ansari moved, C/Herrera seconded, to approve first reading by Title Only, waive full reading and introduce Ordinance No. 10(l 999) amending Chapter 18.108 of Title 18 of the Diamond Bar Municipal Code to update the minimum National Flood Insurance Program requirements for Floodplain Management. Motion carried 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 LEGISLATIVE SUB -COMMITTEE RECOMMENDATIONS: A) SB 1190 (Solis) - OPPOSE - An Act to amend Section 33334.4 of the Health and Safety Code, relating to redevelopment. The Community Redevelopment Law (CRL) authorizes establishment of redevelopment agencies in communities to address the effects of blight, as defined, in areas of those communities known as project areas. Existing law declares that redevelopment agencies must set aside 20% of their annual property tax increment revenues in a Low and Moderate Housing Fund (L&M Fund) to increase, improve, and preserve affordable housing. L&M Funds can be used to buy land, build onsite or offsite improvements, build structures, buy buildings, rehabilitate buildings, subsidize housing, pay bonds or other indebtedness, maintain mobile homes, preserve subsidized units, replace destroyed housing units, and other related uses. This bill would require that a specified proportion of monies in the agency's L&M Fund be expended over the duration of a 5 -year implementation plan to assist housing for persons of low and very low income. The bill stipulates a time period for which the money must be spent, rather than stating that the money is to be expended over the duration of the redevelopment plan. This bill also states that if an agency does not adopt a housing element or revise its housing element in accordance with Section 65588 of the Government Code or if the jurisdiction's housing element has not been found in compliance by the department pursuant to the Government Code, the agency shall expend at JULY 20, 1999 PAGE 9 CITY COUNCIL MEETING least 75% of the money in the L&M Fund to assist housing for persons of low and very low incomes. Martha Bruske said she would rather that the City use Redevelopment monies to rehabilitate residences. C/Ansari explained that the Council is opposed to the bill because of artificial limits placed on cities. In response to C/Ansari, CM/Belanger explained that the City prepared its Housing Element portion of the General Plan in accordance with State law. Recent modifications to State law places an even stronger emphasis on providing for low and moderate income housing. That obligation belongs to the City regardless of whether there is a Redevelopment Agency. With respect to the Redevelopment Agency, State law requires that 20% of the tax increment monies received by the City be placed in a low and moderate income housing fund. That money must be spent on activities related to low and moderate income housing within the community. The Redevelopment Plan of the City has, as one of its objectives, the fulfillment of all of its legal obligations to providing for low and moderate income housing. As Council stated, this bill will place an artificial limitation on the low and moderate income housing funds that may not be able to be met in some communities. C/Herrera moved, C/Ansari seconded, to direct the Mayor to send a letter opposing adoption of AB 1190. 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) AB18 - (Villaraigosa) - SUPPORT - An act to add Chapter 1.192 to Division 5 of the Public Resources Code, relating to financing a program for acquisition, development, improvement, rehabilitation, restoration, enhancement, and protection of park, recreational, cultural, historical, fish and wildlife, lake, riparian, reservoir, and coastal resources, by providing the funds, and declaring the urgency thereof, to take effect immediately. Specifically, this bill creates the Villaraigosa-Keeley Urban Parks, Clean Water and Coastal Protection Bond Act of 2000. The legislation proposes a $1.5 billion parks, clean water and coastal protection bond act. If passed, this bond act proposal would be placed on the November, 2000 ballot for voter consideration and approval. If the voters approve this bond act proposal, $1.5 billion in general obligation bonds would be sold to finance a program for acquisition, development, improvement, JULY 20, 1999 PAGE 10 CITY COUNCIL MEETING rehabilitation, restoration, enhancement, and protection of park, recreational, cultural, historical, fish and wildlife, and coastal resources. Dr. Lawrence Rhodes recommended that Council send a letter of support to place this matter on the ballot. C/Huff moved, MPT/O'Connor seconded, to table the motion. 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 C) AB 1383 - (Thompson) - SUPPORT - An act to amend Section 164.56 of the Streets and Highways Code, relating to highways, and declaring the urgency thereof to take effect immediately. Existing law establishes the Environmental Enhancement and Mitigation Demonstration Program Fund (EEMDA) in the State Highway Account, states legislative intent to allocate $10 million for 10 years beginning in 1991, and establishes procedures under which the Resources Agency evaluates proposals for funding and makes recommendations for funding out of the fund. The EEMDA is utilized to make grants to local, state and federal agencies and nonprofit entities that undertake projects to mitigate the adverse environmental effects of existing and future transportation facilities. This bill would delete the 10 year limitation of the existing law and, instead, would specify that it is the intent of the Legislature to allocate $10 million annually to the fund which would be renamed the Environmental Enhancement and Mitigation Program Fund. This bill would also require the Department of Transportation to extend the completion date to June 30, 2002, for specified Environmental Enhancement and Mitigation Projects. Specifically, this bill would extend the completion date for the City's Tree Planting Project, which would allow the City to plant 1,100 more trees. Martha Bruske supported planting trees close to the freeway and in residential areas to mitigate freeway noise. C/Ansari moved, C/Herrera seconded, to direct the Mayor to send a letter of support of AB 1383. 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 J U LY 20, 1999 PAGE 11 CITY COUNCIL MEETING D) RESOLUTION NO. 99-64: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR PROPOSING THE CHANGE IN STATE OF CALIFORNIA STATUTES AND CODES TO REQUIRE THAT ALL CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUIRED ENVIRONMENTAL DOCUMENTS AND REPORTS, WHICH MAKE DETERMINATIONS AND DECLARATIONS, SHALL BE REQUIRED TO HAVE A PUBLIC HEARING, WITH NOTICE PUBLISHED, POSTED AND MAILED - Shall all projects and programs subject to the requirements of CEQA be required to conduct public hearings and give public notice (published, posted and mailed) for all environmental impact declaration and determination reports? Dr. Lawrence Rhodes supported complete, total and honest information from the State on all projects and would like that language included within the document. Sue Sisk asked if this document refers to environmental impacts only. CM/Belanger stated that the purpose of notification is to provide a process where full disclosure and complete notice is provided. Following CM/Belanger's response, Sue Sisk declared her full support for the measure. C/Herrera moved, C/Ansari seconded, to adopt Resolution No. 99-64 proposing the change in State Statutes and Codes to require all California Environmental Quality Act required environmental documents and reports, which make determinations and declarations, be required to have a public hearing, with notice published, posted and mailed. Further, to send the Resolution to the League of California Cities' Policy Committee for submission at the League Conference in October in San Jose. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None RECESS TO REDEVELOPMENT AGENCY MEETING: M/Chang recessed the City Council Meeting to the Redevelopment Agency Meeting at 9:20 p.m. RECONVENE CITY COUNCIL MEETING: M/Chang reconvened the City Council meeting at 9:22 p.m. JULY 20, 1999 PAGE 12 CITY COUNCIL MEETING 10. COUNCIL SUB -COMMITTEE REPORTS AND MEMBER COMMENTS: C/Huff spoke about the issue of Council approving the Lanterman litter and weed abatement contract. He explained what it means for Council to pull an item from the Consent Calendar and he apologized to Sue Sisk for any misunderstanding as to what that means. The Council has no problem with the existing clientele that are housed at Lanterman. In order to show good faith to the State, Council has attempted to balance the situation. The facility has provided excellent work for the City in the past. C/Ansari stated that, last Wednesday, she, the Mayor and City Manager attended the AB 373 hearing in Sacramento. Unfortunately, the bill did not make it out of committee. She commented on several meetings that she had attended recently: Solid Waste, Eagle Scout Ceremonies, a retirement dinner for a long time D.B. Library assistant. She was appointed to the Board of the Inland Valley Capital Corporation. She attended a planning meeting for CLOUT, which focused the group's direction toward obtaining funding for the Alameda Corridor East. She and other Council Members and staff attended the Steve Tamaya Memorial. She asked that tonight's meeting be adjourned in memory of Siddiqui Tarekh and former Congressman George W. Brown. C/Herrera spoke about the Lanterman Advisory Committee. She asked that Chairman Sisk's final report be included in the August 3, 1999 Council agenda. In response to an earlier question posed by Martha Bruske, she stated that there are 13 members of the Lanterman Advisory Committee: Sue Sisk, Dr. Lawrence Rhodes, Don Gravdahl, Fred Encinas, Joseph Farrell, Darla Farrell, Linda Graves, Russell Gray, Ruth Purpero, Lydia Figueroa, Grace MacBride, Michael Lin, Jennifer Hoey, with Andy Woodson serving as an alternate. C/Herrera will Chair the committee and C/Huff will act as Vice Chair. The purpose of the committee is to review and make recommendations on legislation pertaining to the Lanterman Developmental Center and developmental centers in general. In addition, the committee will review and make recommendations on the actions of the State Department of Developmental Services related to Lanterman Developmental Center and developmental centers in general. The first meeting will be Thursday, July 22 at 7:00 p.m. in Room CC3&5 of the SCAQMD. Meeting dates and times will be posted on the Channel 12 scrolling bulletin board. She was disappointed that AB 373 did not make it out of committee. However, she was encouraged to hear that Assembly Member Pacheco intends to continue with the bill, which enables D. B. to contact the other cities to stand in support of the bill. D.B. has received letters of support from the cities of Montclair and LaVerne. She encouraged her fellow Council Members to call individuals in other cities and ask them to take a position on the issue. MPT/O'Connor stated that on July 7, she attended a residents' meeting concerning street improvements for Meadowglen Rd. and Ambushers St. Also on July 7, she attended a WCCA meeting. She attended the Chamber Legislative Breakfast on July 8 and the annual celebration for Century 21 E -N. She encouraged residents JULY 20, 1999 PAGE 13 CITY COUNCIL MEETING to attend this Saturday's Solid Waste Town Forum, Diamond Bar Honda recently celebrated their 5th Anniversary. She reminded residents that the Concerts in the Park series is ongoing. On July 15, the Finance Committee met. She asked that Council Members and City Contractors submit outstanding receipts so that the prior fiscal year can be closed out. She and M/Chang met with staff members to discuss the City's code enforcement. The subcommittee has requested that staff obtain information from other cities with respect to citation authority as well as information regarding property maintenance standards. The next subcommittee meeting is scheduled for August 2. On July 19, Council conducted a walk-through with the Minnequa landslide contractors. She encouraged staff to obtain the final grading plans so that contractors can submit their bids for approval. This morning she attended the Chamber's Board of Director's meeting as well as the YMCA golf meeting. The YMCA will hold its fundraising golf tournament on October 8, 1999 and she encouraged organizations to participate. She asked staff to elaborate on the process for development of the City's skateboard park. CM/Belanger stated that if the facility is located in a City park, it will require a change in the Conditional Use Permit of the park with a Public Hearing at the Planning Commission level. Input will be requested from citizens with respect to the design of the facility and possible location of the facility at the Parks & Recreation Commission level, which would be passed on to the Planning Commission for incorporation into the CUP. Council would receive the project for approval with respect to the hiring of the architect and the issuing of a contract to build the facility. Council will determine whether it wishes to have a subcommittee at the Council level. It is anticipated that there will be sufficient opportunity for public input at the Parks & Recreation and Planning Commission levels. At its August 3 meeting, Council will address the matter of engaging an architect for completing the facility design. MPT/O'Connor explained that she votes as a matter of conscience and not for political reasons. M/Chang said he has attended several Concerts in the Park and encouraged residents to attend the remaining concerts that occur on Wednesdays at 6:30 p.m. at Sycamore Canyon Park. The last concert will be held on August 18. On July 8, he met Senator Dianne Feinstein and spoke about four of the major subjects that the City has encountered. He asked for her help in stopping the Lanterman Expansion Project and for her assistance in resolving the City's ongoing Zip Code problem. In addition, he asked for her assistance in obtaining funding to improve the SR57/60 interchange as well as assistance with regional transportation problems. He attended the Century 21 E -N celebration and the D.B. Honda 5th Anniversary Celebration. He attended the Steve Tamaya Memorial. He said that the AB 373 hearing was a very unpleasant experience. He asked staff to forward a letter of thanks to the four Assembly members who voted in support of the bill. He explained his position on support of the Lanterman litter and weed abatement contract. JULY 20, 1999 PAGE 14 CITY COUNCIL MEETING 11. ADJOURNMENT: There being no further business to conduct, M/Chang adjourned the meeting at 10:00 p.m. in memory of Siddiqui Tarekh and former Congressman George W. Brown. ATTEST: Mayor LYNDA BURGESS, City Clerk CITY OF DIAMOND BAR MINUTES OF THE PARKS & RECREATION COMMISSION HEARING BOARD ROOM OF S.C.A.Q.M.D. 21865 Copley Drive JUNE 24, 1999 CALL TO ORDER: Vice Chairman Pruitt called the meeting to order at 7:10 p.m. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by Commissioner Holder. ROLL CALL: Present: Vice Chairman Pruitt, and Commissioners, Annette Finnerty and Karen Holder. Absent: Chairman Nolan and Commissioner Anis 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 May 27, 1999 Regular Meeting. C/Holder moved, C/Finnerty seconded, to approve the minutes of May 27, 1999 as corrected. Motion carried 3-0 with C/Anis and Chair/Nolan being absent. 1.2 Transmittal of Commission's final version of the Parks & Recreation Commission Mission Statement. C/Finnerty moved, C/Holder seconded, to receive and file. Without objection, it was so ordered. 1.3 Transmittal of final draft report from Community/Civic Center Task Force. JUNE 24, 1999 PAGE 2 PARKS & RECREATION COMMISSION Oral report by CSD/Rose and Commission discussion. C/Finnerty moved, C/Holder seconded, to receive and file. Without objection, it was so ordered. 2. INFORMATIONAL ITEMS: 2.1 Recreation Update: RS/Bowman presented the recreation update for a. Athletics b. Tiny Tots c. Day Camp d. Contract Classes e. After School Program f. Marketi ng 2.2 Park Projects Report: a. ADA Retrofit of Heritage Park and Ronald Reagan Park CSD/Rose stated that much progress has been made on these projects. Ronald Reagan Park is close to being opened. All that is left to be completed is placement of benches for picnic tables and installation of the remaining area of playground surfacing. Heritage Park is moving along. The existing play equipment has been retrofitted and placed. The ground has been prepared for the surfacing material and the new play structure is near completion. Heritage Park is scheduled to open before the 4th of July weekend. b. Lorbeer Ballfield Lighting CSD/Rose reported that the plans and specifications are out for bid. The bid opening has been pushed back to Wednesday, June 30 at 10:00 a.m. 2.3 501(c)3 Foundation Update: CSD/Rose presented staff's report. The Articles of Incorporation have been forwarded to the State of California by the City's Attorney. The Bylaws are under review by the City Attorney. C/Finnerty said she is concerned that the Commission's intent was not reflected in Section II, Paragraph B. She stated she would have appreciated an opportunity for the Commission to review the document prior to it being forwarded to the State. JUNE 24, 1999 PAGE 3 PARKS & RECREATION COMMISSION VC/Pruitt concurred with C/Finnerty. 3. OLD BUSINESS - None 4. NEW BUSINESS 4.1 1999/2000 Capital Improvement Program. CSD/Rose presented staff's report. He stated that on June 15, the City Council adopted the 1999/2000 fiscal year budget. Projects included in this budget that are listed in the Parks Master Plan or have been recommended by the Parks and Recreation Commission include: Peterson Park Irrigation/Drainage Improvements - Design and Construction Lorbeer Ballfield Lighting - Construction Pantera Park Ballfield Lighting - Design only Skateboard Park - Design and Construction Spanner Banner Support Poles - Design and Construction Sycamore Canyon Park ADA Retrofit - Design only Community/Civic Center - Design only Development of Trails Master Plan C/Finnerty stated that with respect to Project No. 06799 (Handicap Ramps), she has a problem with some of the handicapped access ramps that go onto sidewalks that have mailboxes that make it virtually impossible for wheelchairs to pass them. CSD/Rose suggested that concerns be addressed to the Public Works division. The report was received and filed by the Commission. 4.2 Conceptual Ideas for Future Special Events. CSD/Rose stated that the Community Services Division is planning to present a list of special events for the City Council's consideration for funding. An alternative idea is to include the special events in the Recreation Contract which is scheduled for renewal prior to September 1, 1999. These special events are in the initial planning stages and are by no means complete. Following are the basic concepts: JUNE 24, 1999 PAGE 4 PARKS & RECREATION COMMISSION a) Movie Night at the Park - Presentation of a popular G -rated movie after dark at a City park with children's activities conducted prior to the movie. b) Haunted House at Heritage Park Community Center - Work with a co- sponsor and group of teen volunteers to present a haunted house at Halloween. c) Holiday Boutique at Heritage Park Community Center - Sell booth spaces to vendors who offer Holiday related items for sale. d) Breakfast with Santa - Provide a breakfast party for children and their parents with "Santa" acting as host. The event will include music, entertainment, presents and photos with Santa. e) Snow Day in the Park - Provide at least 20 tons of snow in the park where children can play, build snowmen and ride sleds. f) Mother's Day Tea - Mother/daughter tea party to celebrate the occasion of Mother's Day. CSD/Rose spoke about planning a Millennium Celebration to be held at the closed off intersection of Grand Avenue and Diamond Bar Boulevard from 7:00 p.m. New Years Eve through 1:00 a.m. New Years Day. Surrounding businesses would be asked to participate. A large fireworks display would be scheduled for midnight at a staging area on the Post Office property. Commissioners enthusiastically expressed their support for this event and offered to contact businesses adjacent to the intersection to see if they would be willing to participate. The Commission unanimously stated their support of all proposed events. ANNOUNCEMENTS: C/Finnerty asked about the status of the coke machines in the parks. CSD/Rose stated that the City just received the revised concessions permit from the City Attorney. The proposed permit will be forwarded to the provider for their comments. C/Finnerty asked if the City has conducted studies on its portable school buildings to determine concert. She attended the Little League closing ceremonies and was pleased to hear a number of Pop Warner League member's names called to participate on the Allstar Teams. Pop Warner has been doing signups in the park which has been very successful for them. ADJOURNMENT: C/Finnerty moved, C/Holder seconded, to adjourn the meeting. There being no other business to come before the Commission, Vice Chairman Pruitt adjourned the meeting at 9:15 p.m. Respectfully Submitted, /s/ Bob Rose Secretary Attest: /s/ Yvonne Pruitt Vice Chairman MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION JUNE 22, 1999 CALL TO ORDER: Chairman Tye called the meeting to order at 7:02 p.m. in the South Coast Air Quality Management Auditorium, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Vice Chairman Nelson. ROLL CALL: Present: Chairman Steve Tye, Vice Chairman Steve Nelson, and Commissioners George Kuo, Joe McManus and Joe Ruzicka. Also Present: James DeStefano, Deputy City Manager; Ann Lungu, Associate Planner; Linda Smith, Development Services Assistant; Sonya Joe, Development Services Assistant, and Stella Marquez, Administrative Secretary. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None APPROVAL OF AGENDA: As presented. CONSENT CALENDAR: Minutes of June 8, 1999. VC/Nelson moved, C/McManus seconded, to approve the minutes of June 8, 1999, as.presented. Motion carried 5-0. OLD BUSINESS: None NEW BUSINESS: None 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 a hand -wash automated car wash. The car wash will consist of the following: A wash tunnel, approximately 2,402 square feet; 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 June 8, 1999.) PROPERTY ADDRESS: 515 S. Grand Avenue, Diamond Bar, CA 91765 JUNE 22, 1999 PAGE 2 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 approve Conditional Use Permit No. 98-7, Development Review No. 98-12, Variance No. 99-2, Negative Declaration No., 99-3, Addendum to Negative Declaration No. 99-3, Finding of Facts, and conditions of approval as listed within the resolution. Bill Schubert thanked staff and the Commission for their patience in this matter. He stated that Mr. Tachdjian read staffs report and is willing to abide by the conditions of approval. If the footing of the existing 10 to 12 foot high block wall was adequate, the wall would be cut down at a certain point and the structure would be built on top of that wall. The footing is probably not adequate so the wall will be removed and a new foundation constructed with the structure built on top of the new foundation. The elevation shown on the drawings is in response to staff s request. In response to Chair/Tye, Bill Schubert stated that Honda employs 60-65 full and part time people, all of whom are not present at any one time. AssocP/Lungu is correct in stating that Old Brea Canyon Road has become an overflow parking area due to the lack of display space for new vehicles. VC/Nelson asked for confirmation that the building top inflatable is a necessary sales advantage. Mr. Tachdjian responded that the inflatable is used periodically for sales promotion and it does draw activit, and traffic resulting in sales for Honda. Chair/Tye re -opened the public hez.ring. There was no one present who wished to speak on this item. Chair/Tye closed the public hearing. Chair/Tye asked if it is possible for the applicant to construct a cascading retaining wall to accommodate vegetation and soften the 18 foot wall AssocP/Lungu indicated that a cascading retaining wall is possible. However, a crib wall installed on an angle requires more room at the base due to the angle that a crib wall is constructed which would likely take away a portion of the "kiss -off' lane. The applicant is proposing to install a planter area with trees in front of the standard type block wall. Mr. Schubert stated that what Chair/Tye is requesting is very difficult to accomplish. A reasonable alternative would be to plant climbing vines at the base of the wall. The wall is not visible from the freeway. He pointed out that the wall is barely visible from the eastbound freeway. Display vehicles will likely hide the view from the freeway. He indicated to Chair/Tye that the applicant will attempt to soften the wall to the greatest extent possible. C/McManus moved, VC/Nelson seconded, to approve Conditional Use Permit No. 98-7, Development Review No. 98-12, Variance No. 99-2, Negative Declaration No. 99-3, Addendum to Negative Declaration JUNE 22, 1999 PAGE 3 No. 99-3, Finding of Facts, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: NOES: ABSENT: ABSTAIN PUBLIC HEARING: COMMISSIONERS COMMISSIONERS COMMISSIONERS COMMISSIONERS Kuo, McManus, Ruzicka, VC/Nelson, Chair/Tye None None None 1. Tentative Parcel Map No. 23382, Conditional Use Permit No. 92-1, and Oak Tree Permit No. 95-2 is a request for a one year extension of time for the referenced permits and a reduction of lots from four to three. PROJECT ADDRESS: 3000 Block of Steeplechase Lane between Hawkwood Road and Wagon Train Lane Diamond Bar, CA 91765 PROPERTY OWNER/ Warren Dolezal APPLICANT: 4251 S. Higuera Street, San Luis Obispo, CA 93401 DCM/DeStefano presented staffs report. Staff recommends that the Planning Commission receive a presentation from the applicant, open the public hearing and receive public testimony, discuss the proposed extension and modifications, and direct staff to prepare a resolution of approval for consideration on July 13, 1999. Warren Dolezal pointed out that the easement for ingress and egress over Steeplechase Lane and Shadow Canyon Drive in Tract No. 30289 and Diamond Bar Country Estates per document was recorded April 16, 1999. He stated that there is no intention to change any of the grade around the oak tree. The intent has always been to save the tree. The emergency access is paved and maintenance and liability is the responsibility of the Las Brisas Homeowners Association. Mr. Dolezal responded to C/McManus that the oak tree will not be disturbed by construction. Mr. Dolezal indicated that the original survey placed the oak tree in the wrong location. When the error was discovered, it placed the tree in the middle of one of the lots. Because of geological conditions, the City Engineer determined that the tree should be removed which was in conflict with staffs proposal and the Commission and Council's desires. Council Member Ansari's suggestion for three larger lots saved the tree. Chair/Tye opened the public hearing. There was no one present who wished to speak on this item. Chair/Tye continued the public hearing to Tuesday, July 13, 1999, Mr. Dolezal responded to Chair/Tye that his understanding is that the one year extension will take effect upon City Council approval. JUNE 22, 1999 PAGE 4 DCM/DeStefano referred the Commission to Section 3, page 3, of the Settlement Agreement which discusse- the extension of time for one year from the date of this agreement. He said he will seek advice from counsf regarding the actual date. C/McManus moved, C/Kuo seconded, to direct staff to prepare a Resolution of Approval for a one year extension of time for Tentative Parcel Map No. 23382, Conditional Use Permit No. 92-1, and Oak Tree Permit No. 95-2, in accordance with staffs recommendations. Motion carried by the following Roll Call vote.- AYES: ote: AYES: COMMISSIONERS: Kuo, McManus, Ruzicka, VC/Nelson, Chair/Tye NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None 2. Development Review No. 99-4 (pursuant to Code Section 22.48) is a request to construct a two-story office building of approximately 18,400 gross square feet. PROJECT ADDRESS: 1315 S. Valley Vista Drive, (Lot 5 of Tract No. 39679) Diamond Bar, CA 91765 PROPERTY OWNER: Diamond Bar Business Associates c/o AEW Capital Management, LP 601 S. Figueroa, Suite 2150, Los Angeles, CA 90017 APPLICANT: Bernard Abrams 750 N. Diamond Bar Boulevard, Diamond Bar, CA 91765 AssocP/Lungu presented staffs report. Staff recommends that the Planning Commission approve Development Review No. 994, Negative Declaration No. 99-5, Findings of Fact, and conditions of approval as listed within the resolution. Allen Smith, Southwest Design, stated that the property owner and applicant have reviewed staffs report and accept the Conditions of Approval. Allen Smith responded to C/McManus that the applicant proposes to have one street sign and one building sign with freeway visibility. Chair/Tye opened the public hearing. There was no one present who wished to speak on this item. Chair/Tye closed the public hearing. C/McManus moved, VC/Nelson seconded, to approve Development Review No. 994, Negative Declaratior No. 99-5, Findings of Fact, and conditions of approval as listed within the resolution. AYES: COMMISSIONERS: Kuo, McManus, Ruzicka, VC/Nelson, Chair/Tye NOES: COMMISSIONERS: None JUNE 22, 1999 PAGE 5 ABSENT: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None PLANNING COMMISSION COMMENTS: Chair/Tye congratulated Mr. Kuo on his appointment as President of the Chinese Association. INFORMATIONAL ITEMS: DCM/DeStefano stated that the only public hearing item scheduled for July 13 is the continuation of the Dolezal Parcel Map project. He indicated that it appears to be a light summer for the Commission. The City Council approved the Fiscal Year 1999-2000 at its June 15 meeting which included approval for a one-half time Code Enforcement Officer for the City's Planning Division. This position will likely be utilized for evening and weekend hours. C/McManus asked if the City will become more proactive with respect to Code Enforcement. DCM/DeStefano stated that at its last meeting, the City Council elected to consider a Code Enforcement Subcommittee for review of this matter. DCM/DeStefano indicated to Chair/Tye that the October League of California Cities Annual Conference will be held in San Jose. This conference is generally attended by City Council Members in that it covers a broad range of topics that municipal governments and its leaders deal with on a regular basis. SCHEDULE OF FUTURE EVENTS: As listed in the agenda. DCM/DeStefano stated that the special City Council meeting on Tuesday, June 29, 1999, is for the sole purpose of the Council receiving the report from the Community/Civic Center Task Force. ADJOURNMENT: VC/Nelson moved, C/Kuo seconded, to adjourn the meeting. There being no further business to come before the Planning Commission, Chair/Tye adjourned the meeting at 8:40 p.m. Respectfully Submit d, A, Jamts DeStefano Deputy City Manager Attest:% Steve Tye Chairman CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO: Mayor Pro Tem O'Connor and Councilmember Herrera eel FROM: Linda G. Magnusony Finance Director SUBJECT: Voucher Register, August 3, 1999 DATE: July 29, 1999 Attached is the Voucher Register dated August 3, 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. Fznance �,recto� Mayor Pro Te� C��Y O� DIAM�N� BAR V�UC�ER REGlS�ER APPROVAL The attached listing of voucoe_s dater-� Augusr 3, 1999 have been reviewed, approved, and recommenmed for paynent. Payments are hereoy allowed from the following funds in these amounts FUND DESCRIPTI pREPAID VOUCHERS TOTAL 00� GENERAL FUN3 91,56S.42 522,266'10 613,834.52 010 LIBRARY SERVICE,-) .00 101.83 101.83 112 PROP A - TRANSIT FUN� .00 20,199.86 20,199.86 115 INTEGRATED WASTE MGT FUND .00 2,360'33 2,360.33 118 AIR Di,. -TY IMPR FD (AB2766) .00 7,09068 7,090.68 126 CITIZENS OPT -PUBLIC SFTY .00 615.73 615.73 13S LL -AD #38 FUND .00 7,694.13 7,694.13 139 CLAD 439 FUND .00 972.61 972.61 141 LLAD #41 FUN[ 535.83 535.83 250 bAPITAL II'-! PROV/PROJ FUND .V0 .00 3,277.89 3,277^g9 REPORT FOR ALL FUMD5 91,568.42 565,114.99 656,683.41 Fznance �,recto� Mayor Pro Te� �� DAT[� OW 1l�77�38 n. 7THRu� ����-��'���-�� � # l�OI� r��PTl� 3c� Nn4095-42330— CON '9/22-25-22 495. 0-10 V8�8/1�� 35484_ TOTAL PRBAlDS TOTAL VOUCHEK-- .VV TOTA� 0UE VE�DE� 495.00 1125360-4531V- 8932 224& TRNSP-DAYCAMP E%CUR'JUNE 1.340.0O TOTAL PREPAlDS .0O TOTAL VOUCHERS 1,340.0� T3TAL DUE VENDOH 1.340.O8 AIRTOUCH ��GIN� 001409O -4213C- 8935 L84�898 PAGE-V�S'JUN-AUO 99 18.89 08/03/iYY9 35477 TD;AL PREFAIUS 1G.89 TO7A' ��CHERS ,ov TOTAL DUE ;EWDOK 18.89 CHADl� AL��EDDlm OVi'3476V- 32205 RECKEATION REFUND \��,00 TOTAL PRBpAlDS .0O TOTAL VOUCHERS 156.00 TOTAL DOG VENDOR 156.00 AM, TRA K 00\535V -4531V-' DAY CAMP EXCCURS-7/22/99 437.00 08/03/1?90 35488 TOTAL PREFAIDS 437. 00 TOTAL VOUCHERS .06 TOlAL DUIE VENDOR. 4J7.(* PAJTY AWIS 7OM'�4/��.�5/27 TGTHL PREPAIDS .0O TDa�- �OUCHE-- TCT�� DE VENDOR BO.VV SVCS'Juu� 25`28-30 ��.0O 7� 4P.� TO -,'!J E�N�� CELL n�E ��C5-GEW �NT 43.0y OC�u�i0-421I5-' ')V14O9O'4212�' LONJ JIST ��� SVCS-G[N 45.40 12�44l�-42125- CELL PHNE S�CS'SHERlFF'S o��441�-*2125- CELL PHNE 5VCS -U: TR PT RL 62,66 4O\O-42�25- CELL PH*E SVCS-CCNC� 35.71 ;')\4�30 42L25' C�LL PHNE SVCS'CXGR \66.O1 �S1�090 42125-- LOm� DI�T PHNE SVCS~GE� 273.48 TQAL PREPAIDS .0O TO��^ VOUCH��G 720.48 T�TAL D�� »E%8D� 72V.48 RUN IIATE: 07/'71911�;QQ P R E PA I I L; t� jk�n T -1 Z 7 E T Otj A M C UNI T DATE RECPEPTTSN� F N 6-4 00 TOTAL DREP'TDS .00 T 0- T A, �� VOU r- H E R S 6 4 TOTAL DUE k)pNT,,nR 64.00 -2, Z, �ELIGHTING 'T 0!'15: 12,-4'2210-- E' 120 ELECT SVCS-HPTG PRt---. 517.28 TOTAL PREFAIDS .U0 TOTAL VOUCHERS 517.28 TOTAL DUE VENDOR 517.28 •-.__-:Kic. 85055'-� PORTABLE SIW'.-CON IN PRKS 1E2'01 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1612.38 TOTAL DUE VENIDOR iK').38 PC` SMI 7.01P #��-7 �7 --FANTRA REF C T-07 AL PREF.'"Do. 00 T--- -1 Ir- 7 np AL 2, 3., 0 11 1 594.7- 347. 48 XU 7 TC,.7 H' 1-7- 4 42 IP'--Ty CR :PL 717 5( z '— V CIT I OF LIAMONL BAR RUN GATE: 07/29/1999 11:17:38 iCUCHER REGISTER PAGE: DUE THRU: 08/03./1944 PREPAID FUtdDJSECT-ACCT-PROUECT-ACCT F'O # INVOICE DESCRIPTION AMOUNT DATE CHECK CAL'v'ARY CHAPELJPOMONA VALLEY `-�i%.U�' 498;;,4 REFND/DEPc1-SYC CYN PRI:. 00i-23002-- T A,l. F- NDS TGTAL V ;JCHERES Jt . U+ VENDOR l•�'trl- `� yj(ii- iti�4i9ri`i_r F__ - L� �- ��41-fir"' _-`i31, ._ ♦ ,.:. ,.JiH� u� .,i i,, 4 ^.0 1t, v I 4L 1 y t. -1 M .in _ Ci-, ftiL . ..ri� l., .moi `�'�. jv Ll T-T _. 'T AL `Pr�'P,.L''r tFtol l,r.HC�'C .c., AL COOP— 1':D1, TUTAL PREPAIDE {s's TOTAL VOU1 P 4S, C:TY [F '-IAMOND �ih; �ATE1:27�88 VDV[HEF �,] PAGE; 4 DUE TH�--U' 08/03/1�� PREPAID -1 NI!��'��'���-�� � # I�OI� ��RlFI� ��� DATE �J ENGINEEPINS VO15220-�5201-- Y9OB-V8 8LD3 & S -TY SVCS O7/V1 1� 16.k5.76 rOTAL PREPoIDS .00 TCTA� VO��HERS 16,665.7� D:E VEN�OR 16.�65.76 �Y��HI� D[LGADC VO! -34740— 32477 RECREATION R[FJND 1�3.0O TOTAL 9REP�lDS .O0 TOTAL VO�CHER� 113.O0 TDT�L DU� V��OR 113.O0 3E^�A C�RE F. 00�'21104'- AUS AUG-��TAL TC�AL PREPAl�� .00 TO7AL VUUCHERS 2��.O7 TOTAL DUE ��ND�� 26�.O7 CAROL 3EMNIS DO' 4-'A 7757 DBCCO�2�MINUTES-CC MTG'�/2Y/99 T3TAL P8EPAJDS .0V TOTAL VOUCHE�S T�TAL �UE VEMDOR 68.V0 SVCS'H.7�'JUNE T3TAL 9REPAIDS .O0 TDTAL YOUCH�RS S'0N.0� DlAHOND P�3 J -j 421 27�o52 PHOTO 5V�S-COr� PROMO 23,94 W14O95'4211�- 27L�54 PnDTD SVCSROMO 25.0 5'42112-- PHOTO SV�S-C�� PROMO 20.72 VV1535O 4120O' 271659/658 PHOTO PRDC[SS SVCS VO1�O95'42112— 19685: PHOTO SVCS -COMM PROMO 17.8O V�1��Y5 42112'- Z71656PAOTO SVCS -COMM PROMO 7.96 0V1�O95'42�12-' 271653 PHOTO SVC5-COMn PROMO 6.47 TDTAL PKEPAIDS .N) TOTAL VOUCHERS 132.43 TOThL DUE VEMUOR 132.43 JlVERS�FIED --.-'-7 IT -i,!- NC49- 1 -7 7671 DIAL A RIDE �/\6'3O 1O`8�1.46 T�TAL PREP�lDS .0O TOTA- VOCC�E�S 1V.811.46 T]TAL D�E VEmDOR 1O,81l.4L ECOm CO-4F 8/4-6 �75.12 08/O3/19YY 35�97 ('o�4�1�'42330 LEAG28'31HEr;6EKA 124.3V 06/08/1Y9Y 35478 TO -AL PRElf 5 399.42 r�TAL vC;C�ERS TCTA' Dw[G� .00 �f.42 7'6��W� ��[� M�L R� 99-00",35.50 �TTCF 0 014 0 Q 0'4212- 7-6�4-5�1O EXF, ,�IAIL-GEN _71m RUN LA7 E V! -HER RE P,H. 5 7'�64-8058 E�PRE�G MAIL - GEN��T 62.25 �lr7 TPRI� 766435128 EXPR E SS MAILfPL 99'0V9 22.75 OO1-23O10- 435�28 EXPRESS MAI�-��L 9Y'023 FUmO/��T-ACCT'PROJECT-��T PO # I��ICE DE��IPr�ON AMOUNT DATE CHECK ENClNA� 22.75 TCTAL PREPAIDS .O0 0014090-42330-- TOTAL VOUCHERS TRV'- REIMB-SAC(LANTERMAN) 184.00 O8/03/\999 3548- 272.O0 TOTAL PKEPAIDS i84.0O P&R COM-V4/22.o5/27.06/24 TOlAL VOUCHERS TOTAL P8EnAIDS .80 TOTAL DUE VENDOF TOTAL DUE VENDOR 7'6��W� ��[� M�L R� 99-00",35.50 0 014 0 Q 0'4212- 7-6�4-5�1O EXF, ,�IAIL-GEN _71m 6.0.50 EXP MAl�'�� 9Y'�� 22.75 001��8-42120- 7'�64-8058 E�PRE�G MAIL - GEN��T 62.25 W1'2301O- 766435128 EXPR E SS MAILfPL 99'0V9 22.75 OO1-23O10- 435�28 EXPRESS MAI�-��L 9Y'023 22.�� 00\'23O10-- 766435128 EXPRESS MAIL -FPL YY 02 22.75 VV�-2J01O-- 76o435128 EXPRESS MAI�'FPL 92-001 22.75 TCTAL PREPAIDS .O0 TOTAL VOUCHERS 272.O0 TOTAL DUE VENDOR 272.O0 ANNETTE FINNERT' 0015350-44100'' P&R COM-V4/22.o5/27.06/24 \20.0O TOTAL P8EnAIDS .00 TOTAL VOUCHERS 120.00 TOTAL DUE VENDOR 120.0O CARMB-ITA FLOR[S OOl-23O0Z'' 49825/50029 REFU/DEPOST T-SUwTRDGE 5V0.00 08/03/1999 35492 71' AL pR[P!�,lDS 500.V0 TOTAL VC�CeER� .N) T�TAL D'�� �ENDOR 500.00 14---'42-2-' 88Y� CCTF MT� -/9s 0U7P�S'�/�5/99 5Y.36 0014�7�-42325- 8�?5 GB, MTG 6UPPLS'6/14�� i57.t1 5O14O9o-42325- 89v� GEh MT6 SuPPLS-6/1�/99 \49.71 OV14O90'42325- 8725 CCTF MTC SUPPLIES -6/9/99 1VO.69 hO14V9O 42325- 88�5 ShA�� BLG SEnl�4R ��2 38.05 V01�O�O'42325 8�75 17178 GEN MTG SUPPL�-7/6/99 154.5D T�TAL PREPAIDS .O0 TDT' VO:CHE�� 729.5t TOTAL DLE VEN[OR 727.50 ��.�]hA SOLUEN8EPS RE�N�/-7pST SUMTR�� PRK 50.00 PREFAIJS .V0 TO�A� vO�C�ERS 7]7�� J2� YE���R 5�.00 5C.00 ��APH�CS bN�TE� 11�55\5'4�11�- 8�53 730p A6vnRTIS��3'T�� HALL MTG TJTAL P��P4�JS 1,296.12 TOTA-1,296.12 .00 CIT, OF ClAMO�� �� RUN DATE: (R! 12'r4119'9" 11�27�3B VDUCHER RBlS�EF PAGE: It. DUE THRU, PREPAID '� # �Si�I� AMOUNT LATE CHECK GTE CALIFORNIA 00153�0'42125— PHONE SVCS -DAY CAMP 34.98 C*15331'42125-- 0NE 6VC'"SYC CYN PRK 61.55 0015314-42125'- PHONE SVCS'HRO COMM CTR 36.83 OO15331'42125-' PHONE SVCS'6YC CYN PR� 3:.Y6 0014090'42125'- PHONE SVCS -BLDG & SFTY 126.90 O015331'4li25-' PHONE SVCS'SYC CYN PRK 55.39 11S,5098-42125-- PHONE SVCS -BBS MODEM 94,68 0105355'42125'- PHONE SVCS -LIBRARY PROJ 101.83 TOTAL PREPAIGS .VV TOTAL V0UCHERS 551.12 TOTAL DUE VENDOR 551.12 �E LEASING OO14V9V'4213O- ��2 22520�3 TELEPHONE EQ�lF RENT 490.�3 0O/O3/193�9 35490 00l40Y0'421@' 8842 22384I� TELEPHONE EQUIP RENT'AUG4Y0.13 08/03/1�� �A90 TOTAL PREFAlDS �%.26 TOTAL VDUCHERS .00 TOTAL DUE VENDOF 980.2b ^ISA GUILLEN O0\ -230O2' 50O27 F�hD/CEP�T-S�C CYN PRK C50.01-1RE �OTAL PREPAlDS .0O TOT�L VO�CkERS T3�� ]J� oEN3OP 50.00 5').0O T4Ml �4MIL7O- RECE�ATI[m TOT�- ~U�CHEE 64.00 ���— AL J�lV2�� �CP:_!ll-'l� �,� j LT� iv)o;�� P��� lC�A C��'211O8— PP\4/�5 PP�4/15-DBCONTRI8 1.342,3V TJPHEPA-1OS ,00 TOTk- TC�A� DUE VENDCR 1,342.30 CTTr QE IIAMON�' BAF RUN DATE: 17!2'!19''" 11:27:_ VOUCHER REGISTER PAGE: 7 DUE THRU: 14(1:;!1' °9 F'REPAIU a icr r.,r ID/'SECT'ACCT- 0 _ T-A-�v + Q 0 INVOICE DESCPIPTI0N AMOUNT DATE CHECK: ICMA COftPERE"SCE REGISTRATIQ`$ rQha�-u't. 2'-HR;;S diFF%ZL crg� X54^^ 11 n_,o : 1114 r:Fir-4 '' r-- i'7c�',(rfl TOTAL YF,EFiiii TOTH':_ VSUCHERu r L Xt VENDOR' �c " 0' i^CYCLE I. _ _ Mr.IP+! Jf': �'�:'. L��T ili":E_:-T 14L r r r1 E TNI tXju �Lf Tr _-17 Chi _•4_� A.' - o K l4___ HuY rX.viE 1 .1 r h�- �r h JU - - Lc. tit hiriS ,Ts -1, _ y,, _,` , TO-iAL BLE V'ENuQF. �cn L1*"�'•�'' UCL•• A�°AILrd:.c 0—'=141 AB -CSM CDOuiF..� MAitJT HLF ,,8•8 G14=9� -4211.`_:-- 91�V-;v T"TAL PREPAIDS •���' TOTAL VOUCHER: 3358.80 TOTAL BUE VENDOR _ .�_ 5880 CD� OF:TAM 0WJ�� RUN DATE 0_7 1199' 11���� Y��BR:.Q B PAISE. 8 DUE THPJ' PREPAI� P�ND/SECT'ACCT-PROJECT-ACCT PD # l�hOI�E DESC�lPTIOm AMOUNT D�� CHECK KlRk PED. 090 00l4'4L200'' 893� K96051 20 CASES'RE�CLED PAPER 454.65 TOlAL PREP�IDS .00 TOTAL VOUCHER� 454.6' T�T�L DUE 454.65 SEO�GE NJO PLN3 COn-O�/03,06/22 120.O� TOr'L PREP4�2� TOTA- VOUC�E�S .O0 12�.V0 �OT�� DUE VB:COp 12J .0O LA CHILDR�N'S ML�EC� 0C����-453�V-' 88o� DAY CAMP EXCUR6'�8/04/n9 150.VV TDTAL �REPAlJS .VV TOTAL VOU[H�S \50.Oo TOTAL DUE VEN�� 150.VV MARlA LAx OC�'3476O-' S23O RECRE�TI�� REFUN� 832.00 O01 -347+S- 3208 REC�EA��O� REFUND 208,O0 TOTAL PFE E .0O r0TAL Y�UC���S 1,O4C.00) TOT .V40.03 �EASUE CF �� �I_IES ��'i4O0-42�30— C�NF-1O/L0-12'CC�CL 1,080.0C �0!5l1�-u2�W E�� DVLpMNr ��r-8/a-6 275.00 0O/O3/�YY9 35498 �V1�o3'� 4233�- CONF 1O/10'12 CMGR 885.O0 TOTAL PREPA�DS 275.0O TOTAL YOUCHERS 1,965.0O TOT4� DUE VEyDO 0 �i-��— RcrPWION P FUND 494 0 Tn ALpo�A�Dq .w TOTA,_ VOUICHE P,S TOTAL DUE V80Up 49.00 L��lS ENGnAvIN� lNC C01�OY�'4211J'' 79O5 335D5 ENGRAVlNG'TlLE-��SKINJ r�T�� ppEp�lOS 17.Y5 TOT�L VOUC�ERS .00 17.95 T�TAL DUE V[*]OR 17.Y5 0C1�39O-4232V— C33823 Ca ��BOp JPD4TE 67.80 67.8V TO��� VUL��B 0 �,T. ()7 i, Lm 21 T "C 7 E ML` N 7 rj,;TP CHECK K"ID-71, LIN. O4 44 100- T 4*. T 4rl .01� Tr- HRLENE k. Pr-hlr, /11[- 77 P -RL F TO T V U 71E S: LONG BE .:H AQUAF-%I",'�X HUUH 0 TOTAL V DIU; C H E R S TOTA�BJH DO R' 22i5 .5050 LO' ANGELES* -,DUNT", &-iZRIFF'S DtK 00114411-45402— 15541 SCHOOL TRAFFIC CNTRL-MAY 4,092.85 - Q 4_4 .. i5 -54I CALVARY TRAFFIC ENTRL-MAY 5,642.49 00144!11-454', -- 15542 J CONIC RTS IN PARV-JUNE CE r, 931.01 i li. i 00144 1 54)_- ff=j42 11 CALVARY TRAFFIC r T' -JUN 5,044,337 15148c CONTRAL i 4L 04 TAL TE T k'" 'VQUC1-iE__­_-_: 31`,975.76 HE LP TF. Lt h T 71- T 1j, T, "GE FK T 77 u 7 , jj7 1 - 647.f - FL C�,Y OF CIA�ONI�� RUN DATE. 0�9/1999 1127�38 VOUCHER RE-ISTER PAGE: 10 0ulE THRU: FUND/SECT'ACCT'R0JECT'ACCT PO # INVOICE UESCRIPTIUN AMOUNT DATE CHECK MONTEREY MARRIOTT 0014010-42330—LEAG'7/27-31'MYR/MYRPRTEM 947.1V 08/V3/1999 35480 TOTAL PREPAIOS 947.10 TOTAL VOUCHERS .VV TOTAL DUE VENDOR 947.10 MARRIOTT RANCHO LAG PALMAS RESORT 0014O30-42330— CONF-8/6'4-FRlTIAL 172.22 *8/03/19?9 35496 TOTAL PK[PAIDS 172.22 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 172.22 DENISE MCCREARY 001'34760-- 5VV1V RECREATION RBFUN3 66.0V TOTAL PREPAlDS .00 TOTAL VOUCHER6 TOTAL D�E YENDOR 66.0O uUE �CHANUS VV15210'441OO— PLNG COM-O6/08,0b/22 120.0O TDTAL PR[PAIDS .00 TOTAL VOUC�ERS 12O.00 TDTAL 3UE VEN72OR 12O.0V 0]4C3�'4233A- CD��'C/4'�-FRI��cL 23V.0� 08/C8/1Y9�. 3549� T3��� p*E=4lD� 23C.8O TP- .O� 08/�x10�9 3547Y TOT� ZJ vbuC��n .O0 I 5V T-Tfl A�D9 .OV TOT— TJTA� �� VENDOR 49.uU 41,.V0 �OTAL nRE���DG .vV 4O.00 TUTAL 3�� �E�DOR ��.O0 ST�VEx G. yELSDw TOTAL pREPAIDS .0O TO-1AL VUUCn[FS 120.0� TC�A� 8U� vENOOR 120.J0 CITY OF DIAMOND BAR RUN HATE: 07/29/1999 11:27:38 VOUCHER REGISTER PAGE: 11 DUE THRU: 08103/1999 PREPAIL FUND/SECT-ACCT-PRuCE{ T-A-00T Fu IN'fOICE OESC? PT istu AMOUNT DATE CHECK SANDY N:LA 001-3-474;0— ECnErTIOi "r:EFUNLr 64.00 iL!til_,00 64,'�i[; _ .~'" _.'_4a,-.' p:j!i� Jr:: -•C: TIME STAMP ""T T 4 'I'•C TfjTp, :.n .0 I rUU!_ :ERE GRACE } G '-!i-[! -- 347 r. __.J( . F.ECEEF�TIOJ hEFuteL L �•�•-- lu 00 ...-1.....---:`_ r' ..i`,` 1��_CeG-PG._ h4,'-�i�t`',Y}+.. l!�.-:11?Oti 15 TO L VC'U HERS r,t - : PET- ltl ,.._ ♦F' - �h 1Ocl At _'34.71 08103 {iroc :-..48 _ FF'14-1flill PRY BUY BAD :.E'" ,.-'=t' :4 87 .:r-- F �ij ,>n $EPttTT 3',4t- -'i i3 lgi„? 35487 [t ,{ • �rf-T T!', TGT �_ idly'-. �[.:.F:ti vDPJI tlz ER (, :'t `"031 ^:'4] 4.24_.4=• __. _I1. 35 87 J.i4_ Tr-TA_ PPEP,=,Tilt C• c'._ 1G "T., 1'0' if,UPRC CIO TOTAL DUE VEN11iOF: Tr7AL P EPAYIiC lata TOTAL V01 lCNERE "•r"; - nt! P!-inc «,flCi RRI DATE' �joUr � RZSTSTER CHER -7 GATE NO T FI" "TE Or MCH %E L - pp.,;P!, T U, T;C T�Tf -` 7r!'Al O!U tl� 7- ItAl- ILE �EN-- 2- 4 S7, T Ar'" c' R" EP A DUE T'7� 0 EL—N hI. T C" F, oc- -A - ------- i LLI�+ C:-� IM, 0 z:10L L; AA W" TOW' U, H, 47 81 V, 7,-Z 47 til_ V filul, TzS .46 711-�'ql FOND DATE: LOFPPINE R-EVILL 1 C H A RD S 'Al A 7 ;Lf ROBERT F. DR -AIR ASK,'YI?ES I I A 1 -4 -44040 -41 E 0 REZIREATTON RE :1«" -MA LEGALSVCS -Y ii%1c 4 LEGAL SIOL-S-FARKING IMIA; LEGA; : I+.%1 b LESAL S'V -'-AN7ERMAN LEGA' in 1 LL-Lcnro _TI,CS -M �,"-fT � C im- Av In. LEG" S"CS-SOLIDWASTE M - 'VCS -CP 5KE TV LEGAL L TOTAL PREPAIDS TOTAL VOUCHELO:tcl TOTAL DUE VENDOP VEN.Dn,P,!-mNT;,L.f-TP LIABILTI SP EVENT INS -4/1-6/330,,99 TfllpL. t, H, I TfItT I R c -Pn.. T n. AMOUNT IL-IE , k�,- r. t,:! L, -L.'. 5` i1O 147 360. 05 ?:;5 010, 0`3102/1999 3.5494 �,' , or) 285 14 80 U L, -i1!-CODE CFICR Air -Z .'i'-_ 7uf R c -Pn.. T n. AMOUNT IL-IE , k�,- r. t,:! L, -L.'. 5` i1O 147 360. 05 ?:;5 010, 0`3102/1999 3.5494 �,' , or) 285 14 80 �2TY F DIA�NOD7,-- '-; RUN DATE: C,,7/�)0/19QQ 11:27:3,'. VOUCHEK­GI— . PAO-,. 14 THRUO8/O3/l7� PRELF AII i FIGN0/SECT-AO3'PROJB3-A-IT PO # lNVoIIPTTON -AMUUNT �JE C�ECK SAN JOS[ CONVENTlON/VlSlTDRS BUREAU N)1401V-42,33V— C0NF-10/9-12-CCI NCL 750.00 08/03/1999 35485 0014030'42230-' C,JNF'1O/?-12'CM,FRTlL.Hf3 450.00 08/83/1999 355485 - TOTAL PRB`AIUS 1.200.00 TOTAL VOUCHERS ,00 TOTAL DUE VENDOR 1'-.00.00 BE WOR0 DAY CAMP EXOjR'O8/11 TCTAL PR" PAlDS .00 TOTAL VOUCHERS 1,989.4O TOTAL DUE SEARS RDE8UCK & CO. 0��4090'42200 REFRIGERATO� MAIN-; 87.00 ;8/V3/19Y9 35476 TOTAi PREP�IDS O7.O0 TOTA� V3UCHERS .VV rDT�L OU[ VEN3OR 87.00 SGV ECJ�OMlC »RT�SHP OF CO:h & C�TY 00\403S-42325-' EC3e OUT�OO� CNF 1O/14 CM 65.00 TOTAL P9EPAIDS .VV TOTAL VOUCHER7 65.00 TOTAL �UE VEN3O� 65.VV ��i4O2�'44('2l— XRS-69O]� LE6A� EVE—_0.00').0O . TO��� pREPA�JS .0V �t�4 B^42J25— 5�.00V.h0 5O,0VV.00 :w Di��� 15,�� 14;'-:.� EME PRE, 1,3 00.44 r�TAL PREPAlDS .V0 TOTAL ;OUCHERS 1,�N.44 CITY OF DIAMOND EAR RUN DATE: 07/29/1999 11:27:38 YOUCHERREGlSTER FACE' 15 THRU� pF,EpTr.. S8UTHERN ��IF��IA EDl�� ELECT So[�'PETERSON 1,1���� O01542126— ELEC� SVCS-�RFC CO 4.153.20 0S�5510-42126-- 1415541-42126— �EC� SVCS'3�ST #41 132.18 ELE�T 00153l6'42l26— ELECT S�CS-',RTG P�� CTR 5\4.79 00\5313-42126- ELE�T SVCS-J�ST #39 5O9.56 1395539'42l�� - ELECT SVCS'PANTER 85.49 O�153�8 42126- B -E�T 5VCS-TRAFFC CmTRL 148.Y5 00l5��� 42l26' ELECT SVCS'SY� CYN PRK 275.95 OVL5331 42126' - ELECT SVC5-TRAFFlC CONTRL 137.3O 0Oi551V'4212�' 138553� 4212� ELECT SVCS -- A" #38 1C.93 ELEC7 SVC5'STARSHlNE 12.64 00`5325'42l�6 - ^ ELECT SVCS-SUMMITRIDGE 136.48 O015328'42126'' 031532--�212� ' ELECT SVCS -PON REAGAN 544.�7 - El 77 COMM CTR 832.77 0O153\�'42126' E'�CJ �YCS-PAUL G�� 47,74 0O153��-4212�'— - TOTAL PREP�IDS . � TOTAL VOUCERS \0,171.06 TOTA' E VENDOR 1O,17L.V� lT�� Pl CCT6 4S.22 O0�5�14'42L2o— E:7 . ,�`�� 3�E YEnDOP 43.22 �" ^ � N�� 7 O8/0J/1�� 35499 C��-�z��— l 2S1 08 V8/V3/1�� 35499 WKKR� �JMP'Y42V-APK �� ` . 35499 ^ WR�RS COMP �u0-APR �� 1,3D.0O �8/O3 1 . ^ ^ 10ALP�fA�� �,��.75 � 0Jk�, VOUCHERS . TuiAL DUL VEKLIGF� 5`2i.� OFICE STATE REVENUE AUDIT l�D T��VUC�K 31 5 4� 1�.00 ... 1�.00 �GlS ��PHA& ExCURS 4 2Y.Oih C, -V OF rIA12*� RUN DATE: 07/29/��� 11�27-38 V�UC�ER ��ISTER PAGE: 1t DJE THRU: O8�8/1q� PREPAlD E�l� A��T �� ��K LO-R4E-N STROPE VO1'34780-- ��42 R�CREATION R[FUNT. -OT ALPREPAlD� .vv T��AL V�UC��RS 45.00 TOTAL DVE VE�DOR SUBWAY 8761 MT� SUPF��-6/25.2O 1e9 19.95 OOlu�90'42325-- O014VYA-41325' 88D3 MTG SUPPLIES-�7/06 15.96 TOTPREP���� .00 T�TAL VOUCHERS 35.91 TOT�L DUE oENDOR 35,9z KELLY T�Al o0l'3476V- 3l84 RE��Arl�N REF�� 112.O0 T--TAL PK[FAIDS ."" TOTAL 12.00 0TAL DU[ VENDOR iL2.V0 r�E ROTH GROUP 25�5215'4642O'138Y8'4�420 844� 7?1�6 JUNE'PRQF SYCS'CC 9ROJB3 3,277.8Y TOTAL pREPAl3S .00 TQAL VOUCH[RS 3,277.8Y T3�AL DUE YE��� 3,277.89 THE WH]L� ��HILAJ� 0015353-4�305' �o84�75 MEAL -'-NG nr- 34 O014O9C'423Z5' 8997 1T7 FOODSVC5-S.T��Y CELEB 1,51O.00 08/V3/1YY9 J5�3 T IDS 1,518.00 TDTAL VOUCHE8S 72.34 TOTAL 0JE VENOGR 1,590.34 T0MARK �P3RTS 0(�531O'4120O— - PSI�V5n5 REC S��LS BASKFT8AL NETS 38 97 ^ TOT2'- VOUCHER5 38.97 TOTAL D�� V[NDOR 3G,97 �O�'3478*' 31828 E�TION REFOND 54.00 TOTAL PREpAIDS NO TCT4'' �LI VENDOr 54.00 �� (* ��� RUN DATE� O7/29/��� ��lSr�R PASE� 17 DUE THKu� FREPA � F�0/SEC -ACCT-PROJECT'ACC PO � VOlE DE���p��[� AMOUNT IN DATE cx�� U.S.POST MASTER 0�1409V-4212o'- DULx MAl� PP�T'CCTF SRVEY 30�.00 TJTAL PREPAlDS .V: TOT,'-. VOUCHERS T3T�L D�� YENDOR 0,�.�0 UNlTED CALlFO�NIA FACTDRS 8937� 13��2 �K[ 3YST� R�>�T TWNa�_LMT6 6Y1.4O �L55515'42130-- TEPDS ,00 TOTh CHERS TM,TA- DUE VE%UOR 69�.4O L,,NlTED FARL,'EL SERVlLIE 00114090-4212O'' 963278002729 EXPRESS MPiL - GEN GOVT 19.75 TOTAL PREPAlOS .00 TOTAL VOUCHERS 19.75 TOTAL DUE VE%MR 19.75 UNlTEU STATES POSTAL SERVICE REPLENISH P�JAGE METER 1,V00.V0 01409V'4212V-' TOTAL PREPAIDS .0V TOTAL V 0(10.V0 TOTAL DU., VENDDR 1,00U .O0 �NIuERSAL S7:3lD6 EXCVRSlOm-07/14 �R:N V�RG}mn� 40.00 u�� .� 40.00 923.45 l7 '»» 92"31.45 92.45 W�L��T V�LLEY COLLI��[� �E���R3 TDWl�� TOr�� r�TA- ��E VE�D�R 25.00 - O'9T _ pc AMOUNT 7,317.50 1,198.00 11789.00 " 58? 75 S6 .t5 00 12 95O.s1? 12}959.50 C'. _ .;E, _0 56— rt Dt 4::+=_ dam. t: ; in Y L 10.4•- ,' cc7 + HAT_ CH=CI: RUN DATE: '; 11999 11:27:3S VOUCH`— DUE THRU: (! !l03/1999 Com: OISErT-�ir1CT-PRO"P:!_'T-rA-1-T fl i J f �.. T C SC . ON UlAL P , VALLEY WATER DISTRICT 1 rcr38-4212E-- WATER sUcs-DIST '015214-42-126-- WATER SVCS-HkTG RRk: 0015316-4212E-- WATER SVCS -MAPLE HILL 00152311-421.E-- WATER SVCS -PAUL GROW 1395539-42126-- WATER USAGE -DIST #?O TOTAL PREPAII!S. TOTAL VOUCHERS TOTAL I[UE VENDOR TOTAL CIRCCATrpT T^T i:: C"C I. RS OR Lv � +j TOTA; vnL"!41_F. TOTAL DUE TOT JUii _ WA ER SU9'tLC c - _ jt.,, W " Er''IP ENT-iUNE Y-- nP - —iP^T rt W't': �F ,HRT �1F-rRR W _.� 21PPIL LTJ r:T._1j.",V T 1T,-.: . 1r* FF--PA7, - O'9T _ pc AMOUNT 7,317.50 1,198.00 11789.00 " 58? 75 S6 .t5 00 12 95O.s1? 12}959.50 C'. _ .;E, _0 56— rt Dt 4::+=_ dam. t: ; in Y L 10.4•- ,' cc7 + HAT_ CH=CI: CI�Y OF [IA4 toy BAF. III. I. APPRCVAL The attwhed listing of vouche-s ware7_ A� O3, 1999 tave been reviewed, approved, and recoMmOrdea fur pavpent. Payments are hereby allowew from tha f0110w2ng funts i� these a.ounts FUAM DE52 AIPTION PRE TO7AL 00z GENER�L FUmD 91.568'42 52l,720.30 613,288.72 010 LIBRARY 5ERVICES .00 101.83 101.83 l�2 P�Op A - TnAN�IT FUN� 00 20,199.86 20,199.86 115 .00 2,360'33 2,360'33 1l8 AIR QLTY !MPF FD (A527W 00 7,090.68 7,090.68 126. CITIZENS OPT-PUMLIC SFlY .00 615.73 615.73 138 LLAD #38 FUND 'O0 7,694.13 7 694.13 139 LLAD #39 FUmD `972.61 .00 972.61 lL.l LLAD #41 FUND .00 535,83 535.83 250 CAPITAL IMPROV/PROJ FUND 3,277.89 .00 3`277.89 REp[/RT FOq ���' FU�3S 917568.42 564,569.19 656,137.61 F'1ND/SECT-ACCT-P? ECT -ACCT LY�IL.h BURGESS 0414040 -42330 -- CALVARY CHAPEL/PONONA VALLEY 001-23002-- CAFIO 0014095 -4315 -- RONALD PO # :NVO CE L' k 1'3456780 REhiB-CCaC h'E. 6/25(9' TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 49864 PwFND/DEPT-SYC CYN PRK TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 17 FY 99/00 ANNUAL DUES TOTAL F'RERAI�DS TOTAL VOUCHERS TOTAL DUE VENDOR t4�_7 RECREATION REFUND TOTAL P -EPA -- .; TuT aLOI 4�.;�CL4"cR _ LVUU r .c 1 `l LU - FS 9 r P EPA.;r T , ii,H-, J' JN LJ V0;1C�EF; :.TiaL ili`_ pj 464 _, T J, -AL PREPAID AMOUNT DATE CHECK: °?.43 .00 87.43 87.43 50.00 .00 50.00 50.00 00 ,00 15.00 104.0(; ,00 104.00 . 04, 00 45'. 0(! 40,(;si 4y . (10 . (I�: 00IJ_.03/191 ?5491 8,00.00 .00 .._.0n 14v.ir4! 1 x.00 1S3.lu0 L" 85 Jc . Cl .00 85 0 .0 —.5 RUN Wit: 08/02/1999 16:4—V:41 CITY EF DIAM[& BAR RY. 08/03 19�r4 PITF Y Ih: OC 14^yrs-S�12G-- � _ r?`7`•'� T1v,:.[ Sr _ -` ALI PRP71tt2C r. PRP71 ..: TOTA.% m6sFE ?i.��Vm G:iry.. DF: �... P'NOtiA +HDLESALE -! ECTGIC I"'^ . SWi,CNS--PA," TO!ti— Yvdr! �C_ n1• 4; •=" EtC-'.. r l'tEPST-r"AhRt ?R!; S.G.. TCTAr -►,.: TOTAL a ,.,: -:' cr. rn XCMA �1%.. N=� .. 34.;.8: r�11 77A_ DUE i'�_C; i 12C.G(i ?. _WS - 077 VC,��� .00 "JR 47 r:. 47.31 CCCt CDtF-9/17-19 ANSA4I TOTAL PP.EPAIDS '00 TOTAL VOUCHEERE '00 TOTAL DUE VEMO-: '0 .00 4=_;Iq_ DGIA1T',jlCRt'F T%r 884E 977=PAe' c!�oP' c-ICSCHAt�"U?; -- TC't PREPA, 20C`.6 TCT,_ l':'!, .OG 200.68 TE' S C5-^• 0.6i25 7G : SV--ZM,� ",/02/959 x'.73 M, �_ 'A PREGA� ' .7Y T"' _DUE VE:u 17.4E. 187.46_: CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: August 03, 1999 �, REPORT DATE: July 26, 1999 FROM: Linda G. Magnuson; Finance Director TITLE: Treasurer's Report — June 30, 1999 SUMMARY: Submitted for the City Council's review and approval is the Treasurer's Statement for the month of June 1999. RECOMMENDATION: Review and approve. LIST OF ATTACHMENTS: X Staff Report Resolution(s) _ Ordinance(s) _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ Public Hearing Notification _ Bid Specification (on file in City Clerk's office) Other: 1. Has the resolution, ordinance or agreement been reviewed _ Yes _ No by the City Attorney? 2. Does the report require a majority vote? _Yes _ No 3. Has environmental impact been assessed? N/A —Yes _ No 4. Has the report been reviewed by a Commission? 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: REVI W B Terre ce L. Belang City Manager DEPARTMENT HEAD: Linda G. Magnusoi Finance Director CITY COUNCIL REPORT AGENDA NO. MEETING DATE: August 03, 1999 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Treasurer's Statement — June 30, 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 June1999, Treasurer's Statement. FINANCIAL SUMMARY: No fiscal impact, BACKGROUND: Submitted for the Council's review and approval is the Treasurer's Statement for the month of June 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 June 30,1999 TOTAL CASH $25,211,308.26 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 City's bank account on a monthly basis. L.A.I.F - Effective Yield for June 1999 5.095% Money Market -Effective Yield for May 1999 3.864% 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 m ted expenditures. Terrence L. Belanger, Treasurer BEGINNING TRANSFERS ENDING BALANCE RECEIPTS DISBURSEMENTS IN (OUT) BALANCE GENERAL FUND $12,649,724.30 $2,036,522.97 $2,191,408.82 $12,494,838.45 LIBRARY SERVICES FUND 104,780.96 573.81 104,207.15 COMMUNITY DRG SUPPORT FD (9,335.46) 500.00 2,625.00 (11,460.46) GAS TAX FUND 3,355,077.62 259,075.83 3,614,153.45 TRANSIT TX (PROP A) FD 1,989,434.22 34,999.20 70,312.79 1,954,120.63 TRANSIT TX (PROP C) FD 2,254,914.68 46,410.07 2,301,324.75 INTEGRATED WASTE MGT FD 195,142.14 7,306.51 187,835.63 AIR QUALITY IMPRVMNT FD 168,073.40 15,804.55 491.13 183,386.82 TRAILS & BIKEWAYS FD (SB 82 1) 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 (65,370.50) 6,637.70 (72,008.20) CITIZENS OPT -PUBLIC SAFETY FD 328,369.84 195.80 21,438.57 307,127.07 NARCOTICS ASSET SEIZURE FD 322,213.62 322,213.62 LANDSCAPE DIST #38 FD 598,622.32 3.05 17,435.37 581,190.00 LANDSCAPE DIST #39 FD 211,046.17 9,101.16 201,945.01 LANDSCAPE DIST #41 FD 331,557.58 6,294.69 325,262.89 GRAND AV CONST FUND 139,130.78 139,130.78 CAP IMPROVEMENT PRJ FD 108,448.42 106,192.84 2,255.58 SELF INSURANCE FUND 94827317 643300 954,706.17 TOTALS $25,251118218 $2399,94447 $2439818.39 $0.00 $25,211,308.26 SUMMARY OF CASH: DEMAND DEPOSITS: GENERAL ACCOUNT ($100,954.49) PAYROLL ACCOUNT 63,980.10 CHANGE FUND 250.00 PETTY CASH ACCOUNT 500.00 TOTAL DEMAND DEPOSITS ($36,224.39) INVESTMENTS: US TREASURY Money Market Acct. $1,052,500.15 LOCAL AGENCY INVESTMENT FD 24,195,032.50 TOTAL INVESTMENTS $25,247,532.65 TOTAL CASH $25,211,308.26 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 City's bank account on a monthly basis. L.A.I.F - Effective Yield for June 1999 5.095% Money Market -Effective Yield for May 1999 3.864% 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 m ted expenditures. Terrence L. Belanger, Treasurer 0 o� 0 C? O O N t0 O O 0 CL w 0 0 o 0 0 z z z z N o ;�e' r► w w a v co r h h 0 N ` w w w C Of N0f ~ N O 0 a w w w N V�. N co � � 0 w o N o M � N t0 T N tp � r w w w w w w � Ch O 1N 00 N 000 N 0 e -ice r nj Ci # w w w w w w co N N 00 to co b f, x; w w w w r x 7: in IA In O IA O It! N 00 e w w w 'e N tGo il !'A M I� 1n w w w w w w w In °°CD N ti r- c C w w w w w 441). w 1 $ IOff O tN 0 W) O N t. c� V N N tN. e � tV tD w w w w w w I� 00 o _ 1 N M v ' N '� N w w w w w w M an co co N o r � f0 G top to ti N w w w w w w } Z z 2 .. m m W W W A V O: O Q d O 0 44 a w 0 0 o 0 0 z z z z CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO.' TO: Terrence L. Belanger, City Manager MEETING DATE: August 3, 1999 REPORT DATE: July 27, 1999 FROM: Bob Rose, Community Services Director SUBJECT: Award of Contract for the Design of Skateboard Park SUMMARY: The City Council has appropriated $200,000 from the sale of Proposition A (Transportation) funds in the 1999/2000 fiscal year budget for the design and construction of a skate board park. Staff released a Request For Proposals (R.F.P.) and received one responsive proposal, from Purkiss Rose — RSI. Purkiss Rose — RSI has successfully designed over 50 skateboard parks throughout the nation, including local ones in Claremont, Rancho Cucamonga and San Dimas. Staff recommends that the contract for the design of the Skateboard Park be awarded to Purkiss Rose — RSI. RECOMMENDATION: It is recommended that the City Council award the contract for the design of the skateboard park to Purkiss Rose -RSI in the not to exceed amount of $20,500, plus a contingency of $2,000 for reimbursables and potential additional services that may be necessary including topographic survey and geotechnical study. LIST OF ATTACHMENTS: X Staff Report _ Resolution _ Ordinance X Agreement EXTERNAL DISTRIBUTION: Public Hearing Notification _ Bid Specifications (on file in City Clerk's office) X Other: Request for Proposals Proposal submitted by Purkiss Rose /RSI 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: Prrence WLBelai ger City Manager James DeStefano Deputy City Manager Bob kose Community Services Director CITY COUNCIL REPORT AGENDA NO. MEETING DATE: August 3, 1999 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Award of Contract for the Design of Skateboard Park ISSUE STATEMENT: This contract will result in site selection, neighborhood meetings, design and development of plans and specifications for the construction of a skateboard park in Diamond Bar. City Council approval is required for contracts in excess of $15,000. RECOMMENDATION: It is recommended that the City Council award the contract for the design of the skateboard park to Purkiss Rose — RSI in the amount not to exceed $20,500, plus a contingency of $2,000 for reimbursables and potential additional services, that may be necessary including topographic survey and geotechnical study. FINANCIAL SUMMARY: $300,000 in Proposition A (Transportation) funds have been sold to the City of Santa Clarita at the rate of 71 cents per Proposition A dollar to generate funding for this project. A total of $213,000 was realized through this sale. The City Council has appropriated $200,000 of these funds for the design and construction of a skateboard park. BACKGROUND: The City Council approved the sale of $300,000 in Proposition A (Transportation Funds) to fund the design and construction of a skateboard park in Diamond Bar. The City of Santa Ciarita purchased the Prop A funds at the rate of 71 cents per dollar of Prop A funds. This sale has resulted in the availability of $213,000 for the skateboard park. The City Council has appropriated $200,000 of these funds for the design and construction of the skateboard park. Staff has released a Request For Proposals (R.F.P.) to obtain a firm to design the skateboard park. The R.F.P. was mailed to 8 firms and to the consultant newsletter, Hawkins/Mark-Tell. Only one firm, Purkiss Rose — RSI has submitted a proposal for this project. However, review of this firm's background revealed that it has successfully designed over 50 skateboard parks throughout the nation. Several local cities have used this firm to design their skateboard parks including San Dimas, Claremont, Rancho Cucamonga, Brea, Yorba Linda, Walnut and Pomona. DISCUSSION: The time -line submitted by Purkiss Rose — RSI for the design and Construction of the skateboard park is approximately nine months. This includes site selection, neighborhood meetings for the proposed site, meetings with skateboarders to design park elements, Conditional Use Permit (C.U.P.) process before the Planning Commission, selection process for the construction contractor and the construction of the project. If all goes well, the skateboard park could be open for public use by summer 2000. PREPARED BY: Bob Rose, Director of Community Services CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of August 3, 1999 and between the City of Diamond Bar, a municipal corporation ("City") and Purkiss Rose -RSI, ("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", the City's Request for Proposals dated July, 1999. B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "B", the Consultant's Response, dated July 23,1999, to the City's Request for Proposals for the Site Selection Process/Design/Construction Documents for the development of a public, City operated Skateboard Park in the City of Diamond Bar. B. Level of Services/rime of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "B." 2. Term of Agreement. This Contract shall take effect August 3,1999, and shall continue until February 28, 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 schedule set forth in Exhibit "B." 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 Twenty -Thousand, Five Hundred dollars ($20,500), plus a contigency of Two Thousand dollars, ($2,000) for a total not to exceed amount of Twenty -Two Thousand, Five Hundred Dollars ($22,500). 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. Addresses. City: City of Diamond Bar Consultant: Terrence L. Belanger, City Manager 21660 East Copley Drive, Suite 100 Diamond Bar, California 91765-4177 City of Diamond Bar Purkiss-Rose-RSI Steve Rose, ASLA 801 N. Harbor Boulevard Fullerton, CA 92832 Consulting Services Agreement - Design of Skateboard Park 6. Status as Independent Consultant. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Consultant shall perform all work to the highest professional standards and in a manner reasonably satisfactory to the City Manager or the City Manager's designee. 8. Indemnification. Consultant is skilled in the professional calling necessary to perform the services and duties agreed to be performed under this Agreement, and City is relying upon the skill and knowledge of Consultant to perform those services and duties. To the fullest extent permitted by law, Consultant hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Diamond Bar and its elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Consultant or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to this Agreement or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee's right to City of Diamond Bar Consulting Services Agreement - Design of Skateboard Park recover under this indemnity provision. Consultant shall pay Indemnitees for any attorneys fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a) or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). 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. 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 ommissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence; and (5) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, automotive liability, and worker's compensation coverages. The policy (ies) as to comprehensive general liability, property damage, and automobile liability, shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. Consultant agrees that if it does not keep the insurance in full force and effect, and such insurance is available at a reasonable cost, City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Consultant and the cost of such insurance may be deducted, at the option of City, from payments due Consultant. C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement". City of Diamond Bar Consulting Services Agreement - Design of Skateboard Park 10. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 13. Termination. City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 15. Financial Condition. Prior to entering into this Agreement, Consultant has submitted documentation acceptable to the City Manager, establishing that it is financially solvent, such that it can reasonably be expected to perform the services required by this Agreement. Within thirty (30) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the 4 City of Diamond Bar Consulting Services Agreement - Design of Skateboard Park 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 Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 18. Performance Evaluation. For any contract in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 19. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 20. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default City of Diamond Bar Consulting Services Agreement - Design of Skateboard Park which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 21. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 22. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 23. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 24. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 25. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 26. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. 6 City of Diamond Bar Consulting Services Agreement - Design of Skateboard Park IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. ATTEST: City Clerk "CITY" CITY OF DIAMOND BAR By: Mayor Approved as to form: "CONSULTANT" City Attorney By: Its: City of Diamond Bar Consulting Services Agreement - Design of Skateboard Park A PROPOSAL FOR LANDSCAPE ARCHITECTURAL SERVICES SKATE PARK FACILITY Dw4 Cama Him& purkiss-rose-rsi Landscape Architecture, Recreation & Park Planning 801 N. Harbor Boulevard Fullerton, CA 92832 FAX: (714) 871-1188 (714)871-3638 JULY 23, 1999 Public Skateboard Park, City of Diamond Bar TABLE OF CONTENTS Cover Letter .......... ..... . Scope of Services and Fee Proposal ........ . Resume of Relevant Experience ............ . 12 Timeline ............... ....... ....... ..... ............... 28 Statement of Confirmation ........ . ................. 29 Resumes .... purkiss-rose-)'5i Public Skateboard Park, City of Diamond Bar COVER LETTER purkiss YOse-Ysi Landscape Architecture Recreation and Park Planning 801 North Harbor Boulevard Fullerton, CA 92832 (714) 871-3638 Contact Person: Stephan D. Rose July 23, 1999 Bob Rose Community Services Director City of Diamond Bar 21660 E. Copley Drive, Ste 100 Diamond Bar, CA 91765 Subject: Public Skateboard Park Design Dear Bob: Purkiss Rose -RSI is pleased to submit its proposal for your review, and it is great to hear of the City's desire to build a skate park facility in its community. Our conversation was very helpful, and we look forward to working with you and others in the community in the site selection, design process and developing construction documents for the proposed improvements We are working on quite a few site feasibility studies, and while, in many cases, finding a site has proven not to be a problem, in some communities it has proven to be quite a challenge. The projects that we have completed have proven to be very successful, well received by the community and well maintained. We are currently working with 48 cities on their skate park projects. Working very closely with skate enthusiasts, professional skateboard athletes, teenagers, manufacturers of skateboards and equipment, recreation staff, legal counsel and others in the skate community, we have developed an extensive vocabulary of critical design elements and issues. There are a lot of interesting design features that go into the execution of the successful skate facility that go beyond ramps and a concrete slab. We have found these parks to be self policing, low maintenance, and with very few security problems. These areas have proven to be a great place for hur(tiss-rose-rsi Public Skateboard Park, City of Diamond Bar COVER LETTER teenagers and young kids to hang out. It has been my experience, working with skaters up and down the coast, that the people who use the facilities are low key, well behaved, and take care of their park. We would be very pleased to work with you and your community in the site selection process and designing the skate park in your City. We typically work with a task force and are able to produce the construction drawings necessary for the project to meet City requirements and obtain permits and bids. Our construction documents are very precise to assure quality installation. All our projects are highly interactive with the user group. Skate Park design is unique in that we do not use standard plans. By utilizing local skater input, we respond directly to their skating style, promote a sense of pride and ownership, which has proven to be extremely useful in the long term care and health of the facility. Our design layouts display the state-of-the-art consideration for a facility that offers a challenge for all age groups, responds to skaters desires and style of skating, presents a lot of motion and movement, is safe and fun. Only by having the amount of experience we have, to develop and refine design intent, prepare comprehensive construction documents and provide construction administration services, can such a facility be built through the public bidding and construction process. We look forward to working with the City on this very interesting and challenging project. If you have any questions, please call. 7 Steve Rose, Landscape Architect purkiss-rose-rsi Public Skateboard Park, City of Diamond Bar SCOPE OF SERVICES AND FEE PROPOSAL SCOPE OF WORK It is our firm's intent to produce a final product that meets your objectives in terms of site evaluation, citizen participation, design quality, innovation, budget control, deadline constraints and completion schedules. This program can still be modified to ensure attainment of goals. The work plan will include, but is not limited to, the following: PHASE I - SITE SELECTION, ANALYSIS AND FEASIBILITY STUDY Task 1 - Project Definition The project team will meet with staff for project review. We will learn about the advisory committee and its representatives and receive all relevant information. We will seek information on the project and any potential sites. All parties must agree on the project approach, scope and schedule of work and meeting calendar. At this meeting the first workshop will be discussed and scheduled. Task 2 - Data Collection We will collect available data on potential sites, which will include infrastructure, topographical survey, geology, existing improvements, flood plain and easements, and other information relevant to existing conditions. Task 3 - Site Analysis and Assessment Report The design team, which will utilize a proven Site Evaluation Checklist, will prepare an Assessment Report, which includes site opportunities and constraints, safety issues, access, existing activities, any special construction requirements, maintenance and operations considerations, and other issues that affect the feasibility of the sites. The Assessment Report will become a baseline of data and information used in the Site Selection Process, workshops and developing the schematic plan and final feasibility report. The sites will be analyzed for orientation, slope, natural and man-made factors, access, flood plains, surrounding land use and all pertinent factors. Task 4 - Staff and Neighborhood Information Meetings The design team will work closely with staff to shape the approach of all meetings. The project team will present the Site Analysis and Assessment Report at a neighbor meeting to gather additional comments and address any concerns. Each site will be reviewed for its acceptability of a skateboard purkiss-rose-rsi Public Skateboard Park, City of Diamond Bar SCOPE OF SERVICES AND FEE PROPOSAL facility. Site design layout possibilities will be thoroughly reviewed. Programmatic, operational, safety, cost and maintenance issues will be discussed. The data and information generated from the meetings will be used to assist in site analysis, ranking the potential site and preparation of recommendations. Task 5 - Feasibility Stutly Report anti Site Selection Recommendations The design team will develop at least three conceptual site plans of potential sites, finalize all written support material that documents the research, evaluation and recommendations for site selection. This report will also describe the neighborhood meeting input process. Based on the information gathered to date the consultant will make recommendations for the preferred site or sites. Included in the report: I. Site analysis, feasibility study and site plan for adding a skate facility within three existing park sites. 2. Recommendations for a selected site. 3. Cost estimate for each site for the construction of a typical skate facility. 4. Executive summary for presentation to the Commissions, City Council and other interested parties (one presentation). PHASE II- SCHEMATIC DESIGN Task 1 - Base Map Prepare a base map to include topographic information supplied by the City listing any utility easements and infrastructure of the selected site. We can schedule a survey if the information is not available. Tack 1- User Group Input Workshop (# 1) The Design Team will facilitate an input workshop with the users (skaters, in -liners and bikers) and other interested individuals. Trends in public skate park design, cost, liability issues, development, scope of work, the design process and time line will be explained. The Design Team will lead the participants through an input session to develop a vocabulary of design and layout ideas. Existing examples of skate parks will be displayed to help visualize elements of the park. Any design ideas prepared by the community will be reviewed. ptlrkiss-rase-rsi Public Skateboard Park, City of Diamond Bar SCOPE OF SERVICES AND FEE PROPOSAL Task 3 - Design Concepts Based on the information obtained at the first workshop, the Design Team will explore functional relationships of the concepts by looking at such components as layout, access, design elements, safety zones, security, grading concepts, circulation of pedestrians and traffic, etc. Construction components, drainage devices, materials, and site amenities will be presented. At least two design alternatives, of different sizes, will be developed for user input and critique. Different levels of difficultly will be incorporated into the design. Task 4 - Construction Cost Estiniate Complete cost analysis will be developed for each alternative Task S - Layout Critique/Workshop (42) At a second workshop with the Skate Park Committee and the public, the Design Team will present layout alternatives with support sketches to help visualize the proposed improvements. Utilizing a "Hands -On" format with sketches each element will be reviewed and approved (workshop #2). A consensus of the desired elements will be sought from the users. Future expansion of the facility will be reviewed and worked into the project. Construction cost will be reviewed. Care of the facility will be discussed. Task 6 - Final Plan The Design Team will prepare a Final Plan of the layout and design elements that reflects the consensus of information received at the workshops and meetings for approval. The Final Plans will be rendered for presentation. The plans will coordinate access requirements, safety zones, utilities, location and drainage patterns. Plans will be submitted to all governing agencies for review. All comments will be reviewed and incorporated into the Final Plans. This process will include developing finalized estimates of probable construction cost. Task 7 -,Presentation At Commission and Council meetings we shall present the final plan and construction cost. purkiss-rose-rsi Public Skateboard Park, City of Diamond Bar SCOPE OF SERVICES AND FEE PROPOSAL PHASE III - DEVELOPMENT OF CONSTRUCTION DOCUMENTS Once the Final Plan has been approved, the team will develop construction documents, cost estimates and specifications for plan check approval, issuing permits, bidding and implementation of the Skate Park. Task I - Construction Drawings The construction documents will include the following • Demolition plan (if required) • Drainage/grading plan • Skate park layout plan • Facility Lighting (optional) • Construction details • Details and specifications At this time the scope of work is for the basic skate park. Architectural services and Electrical engineering have not been included in our scope of work. if these services are required, we would be pleased to include them. Task 2 - Final Cost Estimates - Engineers Estimate Detailed construction cost estimates will be provided. Task 3 - Submittals Submit plans for plan check and address all comments. PHASE IV - BIDDING PHASE AND CONSTRUCTION PHASE The design team will be available during the bid process to assist, review, clarify and comment and make recommendations on the bids. We will answer any questions that could affect bid results. We will provide field review during construction and estimate four site visits. We will review and approve all submittals. rurkiss-rose-rsi Public Skateboard Park, City of Diamond Isar SCOPE OF SERVICES AND FEE PROPOSAL ITEMS TO BE SUPPLIED BY THE CITY 1. Easements, Rights -of -Way, Utilities, etc. 2. Any as -built drawings 3. Topographic Survey* 4. Geotechnical Report* * We can provide these services if requested. Public Skateboard Park, City of Diamond Bar Public Skateboard Park, LAN of Diamond Bar SCOPE OF SERVICES AND FEE PROPOSAL FEE PROPOSAL It is our understanding that there is a budget of $200,000 for the site selection, design and construction of a public Skate Park. Lighting is offered as an option. PHASE I - SITE ANALYSIS AND FEASIBILITY STUDY $2,500.00 Task 1. Project Definition Task 2. Data Collection Task 3. Site Analysis and Assessment Report Task 4. Staff and Community Workshop Task 5. Feasibility Study Report and Recommendations PHASE II - SCHEMATIC DESIGN PHASE $7,000.00 Task 1. Base Map (selected site) Task 2. Workshop Task 3. Design Concepts Task 4. Construction Cost Estimate Task 5. Workshop #2 Task 6. Finalize Design Concepts Task 7. Presentations (2) PHASE III - DEVELOPMENT OF CONSTRUCTION DOCUMENTS $7,500.00 Task 1. Construction Documents* Task 2. Final Construction Cost Estimates Task 3. Submittals PHASE IV - BIDDING AND CONSTRUCTION ADMINISTRATION $3,500.00 Task 1. Bidding Task 2. Construction Observation Grand Total $20,500.00 *At this time no fees have been included for a topographic survey, geotechnical, architectural services or electrical engineering. Reproduction, travel, phone, photography and other charges will be billed to the City at cost. The Client will supply us with a topographic survey on AutoCAD. If additional services or site visits/ meetings are requested, we shall bill per the following fee schedule: 10 purkiss-rose-rsi Public Skateboard Park, City of Diamond Bar SCOPE OF SERVICES AND FEE PROPOSAL Purkiss Rose -RSI purkiss-rose-Y51 $110.00/hour Principal $ 75.00/hour Project Manager $ 65.00/hour Project Captain $ 60.00/hour Cad/Drafter clerical/Word Processing Staff $ 35.00/hour purkiss-rose-Y51 Public Skateboard Park, Civ of Diamond Bar RESUME OF RELEVANT EXPERIENCE DESCRIPTION OF QUALIFICATIONS OF FIRM AND KEY PERSONNEL Purkiss Rose -RSI Landscape Architecture, Recreation and Park Planning provides professional design services for a wide range of public projects. The firm is recognized for quality design solutions and an ability to work with clients in an efficient and effective manner. Our firm embodies a history of integrity and competence. Purkiss Rose has over 34 years of experience in an array of projects ranging from the design of small intimate spaces to public parks and corporate campuses. Recreation Systems, Inc. (RSI) was founded in 1972 and specialized in recreation planning and design services. For over 19 years, the firm and its staff were dedicated to the effective development of leisure facilities for government clients. In 1992 these two companies formed Purkiss Rose -RSI Landscape Architecture, Recreation and Park Planning, a respected establishment that enjoys increased capabilities and a strong vantage point in its field. As a project -oriented firm, we are noted for our budget -sensitive approach and an ability to meet deadlines. We maintain the high level of professionalism and knowledge necessary to generate fresh ideas, comprehensive plans and economical solutions for our clients. This unique combination of talent, expertise and experience ensures that our clients receive the quality of service they deserve. Purkiss Rose -RSI originally worked with the City of Huntington Beach in establishing skateboard facility layout standards, as well as enhancing a positive environment where the kids can "hang out" and socialize. We have facilitated design input workshops with the user community (skateboarders and in-line skaters) on all our Skate Park projects. These workshops have been attended by skateboard professionals, promoters, teenagers, mothers of skateboarders, and publishers of skateboard magazines. The input received from these workshops has been invaluable in the development of the total design environment of the facilities. Besides creating the activity area itself, there is a certain ambiance that must be associated with such a facility. We have jointly designed several facilities with an advisory committee. A lot has changed over the years regarding how we perceive both skateboard and inline skate facility layout and the skaters themselves. We are currently working with over 40 communities in six states in the development of 60 skate parks. Purkiss Rose -RSI is licensed in the states of California, Nevada, .Arizona, Oregon, Washington, Iowa, Idaho, Pennsylvania, and Ohio and has completed projects in many other states throughout the nation. 2 pHrkiss- rose- rsi Public Skateboard Park, City of Diamond Bar RESUME OF RELEVANT EXPERIENCE KEY PERSONNEL Purkiss Rose -RSI Landscape Architecture, Recreation and Park Planning presents the following team based on its interpretation of the planning requirements. As prime consultant, we will assume full responsibility for coordination of the total project. Services will include assignment of planning responsibilities, client and community contact; scheduling of project tasks and preparing design development drawings; construction documents; and construction administration services for the development of the skate park. Purkiss Rose -RSI Landscape Architecture, Recreation and Park Planning Stephan Rose, landscape architect, CA # 1513, and Principal -in -Charge of Purkiss Rose -RSI, will act as project manager, facilitator and contractual representative of the firm, participate on the planning team during the design phase, prepare reports and summaries and facilitate meetings, presentations and workshops. Steve will establish project schedules and submittal dates. He contributes over 29 years experience in all facets of landscape architecture and park planning as well as in a wide range of public and private recreation developments. Steve has been project architect for all the skate park projects in the office. Quality of play, accessibility, flexibility, and bringing projects in on schedule and on budget are all hallmarks of his involvement. Dominic Oyzon, landscape architect, CA #4010, will be the project manager. He will be responsible for the site review, site research, program development, preparation of conceptual design, preliminary and final design, material selection, construction cost estimates, coordinating preparation of the construction documents, participating in the construction administration phase, and coordination with our project team and with the various City Departments. Dominic has worked on all our skate park projects and is very knowledgeable about design layout and construction technology. Professional Skateboarder Frank Garcia Hirata is a top ranked, sponsored skateboarder from Vista, California, who has worked with the Design Team in the past. He is very knowledgeable about configuration, layout and selection of elements. He will participate at the workshops and on the design. Frank is also very knowledgeable about skate park design due to his professional tours across the United States and Europe. His experience will be vital to the successful layout of the elements and their relationships to each other. 13 Purkiss-rose-rsi SKATE PARK City of Claremont Project Description: The City of Claremont hired pu*ss-rose-rsi to work with its Skate Park Task Force to develop a low risk, but fun Public Skate Park. The skate facility, finished in the summer of 1998, is located at Cahuilla Park next to the teen center and high school. The plans also included a stage and seating for special events. The Task Force was not only instrumental in working on design ideas but also was involved in the actual construction of the park itself. The skate facility, which is 7,000 square feet in size, includes a drop-in, rails, pyramid, flat banks and transition as well as grindings rails, benches, and curbs. The Skate Park is non fenced, non supervised and is free of charge. 65' x 105' Skate Surface $125,000 to build the skating surface SKATE PARK City of Des Moines, Washington Project Description: The City of Des Moines, Washington hired Purkiss Rose - RSI to orchestrate the design package to build a Skate Park. A very energetic group of skaters reviewed existing Skate Parks and developed design sketches of the type of Skate Park they would like to have. The design ideas mirror some of the construction elements found in city plazas, shopping centers, and malls. Several design workshops were held at the park site. Design ideas were shared and refined into a Master Plan. Due to fund limitations, creative construction or funding methods needed to be employed. Rick Still, the City's Park Superintendent, took it upon himself to organize a volunteer work force along with his staff to personally build the Skate Park. Through a lot of hard work and a concerted effort, the project was built for under half of the bids received. The Skate Park has proven to be extremely successful and features a variety of jumps and ramps for all skill levels. 70'x 100' Developed Area $90,000 Construction Bid $36,000 Construction Cost* (*using volunteer labor) FIELD HOUSE PARK DES MOINES, WASHINGTON Purkiss Rose -RSI SKATE PARK City of Kent, Washington Project Description: The City of Kent and a very energetic group of skaters worked to acquire a site and funding for a skate park in their community. A centrally located site was found along their recreation trail. The land is a utility easement with plenty of space to facilitate the skate park along with other proposed improvements. The design process included input workshops from the user groups. Design alternatives were presented and refined into a final master plan. The design displays a cityscape element along with a bowl and snake. There are ramps, transitions, hips, curbs, steps, benches, drop- in, pyramid, bowl and grinding rails of different sizes and shapes. The layout works very well and offers the rider or skaters many long runs or jump opportunities. A local artist worked with the skaters to design Art Tiles which are incorporated into the concrete benches. The project has proven to be a great success. 60' z 100' Skate Surface $130,000 Construction Cost KENT SKATE PARK Purkiss Rose -RSI (714) 871-3638 SKATE PARK County of Kitsap Project Description: 43 f County Park and Recreation staff, responding to the need to provide a skate facility for the youth in their community, developed a very nice Skate Park in the City of Silverdale. pwrrkiiss-rose-rsi worked with County staff and a select Skate Park Task Force, in a workshop format, to gather ideas, formulate design alternatives and a fmal plan for the skate park. The park site is an odd piece of property, left over on a street widening project. The park will offer passive uses, restrooms, parking, trail access as well as the Skate Park. The 7,500 square foot skate facility offers free style skating with a 30 -foot round bowl and a square bowl of the same size. High flat banks and transitions help skaters speed up to hit the pyramid. Some rails, steps and a spine are in the street course. 75' z 100' Skate Surface 5135,000 to build the skating surface puAiss-rose-rsi SKATE PARK City of Modesto, California_ Project Description: The City of Modesto, as a result of an ordinance restricting skating in public places and in response to a need to provide a place for the youth in their community to skate, has built a 13,000 square foot Skate Park. The Skate Park is located at Beyer Community Park, which features both active and passive amenities. The Park is located next to a high school. Utilizing a Skate Park Task Force of talented skaters and supporters, the team worked with pur�ss-rose-rsi in the development and refinement of a state-of-the-art skate facility. The design process included three workshops with the Task Force and presentations to the Commission and City Council. The skating surface offers the skaters a street course, mini bowl with 20 foot long spine and a long snake run with bowls. The park offers something for everyone at all skill levels. The park has proven to be a great success and will lead to the construction of a second skate park in the near future. 80' x 165 Skate Surface $220,000 to build with site improvements pur% ss-rose-rsi SKATE PARK City of Palmdale Project Description: The City of Palmdale realized the importance of meeting the needs of the skaters in its community. Palmdale, which is spread out over 20 miles, with direction and foresight from the City Council, decided to design three Skate Parks at the same time. They are to be located in the east, central and west parts of the City. pur6s-rose-rsi did a site feasibility study for the City and selected three candidate sites. Over 100 skaters and supporters participated in the design workshops to input design ideas, review design alternatives and approve the final design. The first Skate Park has now been competed at Marie Kerr Park on the west side of the City. The facility features a bowl with snake run, drop-in's, rails, and a street course. The facility is 5,500 square feet in size. U �Nl NweNM swl I� Iffni m ■w 1 "' a "' Skate Surface $165,000 to build with site improvements rurkiss-rose-rsi SKATE PARK City of Rancho Cucamonga Proj t Descnpnon: The youth in the communityworked veryhard for the realization of their Skate Park. The community participated in the design workshops and fund raising. The skaters put on several demos and concerts to help raise funds for the skate park. The 10,000 square foot facility offers some steep drop-in's, mellow banks and shallow bowl, rails, curbs, gap, and lots of grinding edges. The facility is located in Spruce Park and fits into the existing terrain very nicely. Great street exposure offers good visibility into the site with lots of room for spectators. The Skate Park opened in the fall of 1998. 75' x 135' Skate Surface 5125,000 to build with site improvements SKATE PARK City of San Dimas Project Descrtphon: San Dimas faced the same site selection problems that many communities are experiencing. After a thorough evaluation, Pioneer Park was chosen as the preferred site. Purkiss Rose -RSI worked with a very energetic group of in liners and skate boarders. Neighbors also attended the workshops to get a better understanding of what was proposed. Frank Garcia Hirata, pro skater, took the skaters through the input process and developed some great layouts for their review and critique. Because of the good bids received, the City, under the direction of Sally Duff, Director of Community Services, instructed the contractor to include phase II, the kidney shaped pool, with the construction of the first phase, the skate park. The facility has proven to be extremely successful and has established new standards for public skate parks. m 90'x 100' Skate Surface $135,000 to build the skating surface Purkiss Rose -RSI SKATE PARK City of Santee Project Description: The City of Santee selected pkr�ss-rose-rsi to work with them on three skate park projects. Their goal was to work with the youth in their community to select and design three sites simultaneously. The level of skill would be progressive for each facility. Three sites were identified, and three design layouts were developed utilizing an input format with the skaters, parents, concerned neighbors and staff. The first site, design layout and budget were approved and pkrk ss-rase-rsi prepared construction documents. The project was completed in the summer of 1"S and has proven to be a tremendous success. The 6,800 square foot facility offers a 5 foot high balf pipe and bowl, drop -ins, street course, lots or rads and steel edges, stairs, pyramids and other interesting elements. 65' z 100 ' Skate Surface $125, 000 to build skating surface SKATE PARK City of Vista Project Description: Vista Skate Park, designed by Frank Garcia Hirata and local skaters, has proven to be one of the best skate facilities in the State of California. Purkiss Rose RSI was hired by Jim Palmer, Director of Community Services, to work with local skaters in the design ofa skate park at a local park behind City Hall. The Skate Park is 9,500 square feet in size and offers a lot of challenge for the beginner, intermediate and advanced skater. Frank skates here several times a week and feels it contributes to his success on the pro tour. The park features twin bowls, a great street course with ledges, stairs, rails, ramps and transitions. There is a continuous half pipe that has proven to be great fun and. a challenge for all. The park is visited by 50 to 100 skaters a day and is greatly appreciated by the local skaters. 60' x 160' Skate Surface $155,000 to build the skating surface Purkiss Rose -RSI RESUME OF RELEVANT EXPERIENCE DESCRIPTION OF SIMILAR PROJECTS Project Description: Puhlic Skateboard Park, City of Diamond Bar PUBLIC SKATE PARKS HUNTINGTON BEACH, CA The demand for skateboard facilities in the City of Huntington Beach presented many challenges as well as opportunities. Huntington Beach, home of many skateboard professionals, manufacturers of skateboards, accessories and apparel, as well as thousands of everyday users pressed the City Council into providing these much needed facilities. Through the Community Services Department Purkiss Rose -RSI was hired to look at other facilities, get a thorough understanding of what the skateboard community wanted and work with an advisory committee to formulate design alternatives. Through this process it became evident that the whole ambiance of the sport and associated activities must be considered. Some of the important facts that were jointly developed with the advisory committee included incorporating different levels of skill, utilization of the urban/street scene, separation of design features, addition of new challenges and the inclusion of an area for a concessionaire to run the more difficult facilities such as the half tubes with elevated sides. There were two other very important elements that came out of our workshops that have been included in all designs, and they are a place to "hang out" and for exposure. The design standards are based on the urban/street scape environment as formulated by the advisory committee. Such features include concrete benches, curbs, ramps, curved slopes, small modified half tubes, bollards and small islands for jumping. The total environment was considered to include a viewing section, place to hang out and visible exposure from surrounding areas. Special areas are included for special events and concessionaire skateboard setup of larger and more difficult apparatus. The City of Huntington Beach will scatter these facilities throughout the City limits at park and school sites. This will afford easy access and avoid the necessity of driving to a facility and help control the size of the crowds. The completed facilities at Murdy Park and Huntington Beach High School have drawn great interest from other communities and have proven extremely successful and -will be models for all future skateboard facilities. The Skate Park at Murdy Park was completed in the Spring of 1993. The Skate Park at Huntington Beach High School was completed in the Summer of 1994. No subconsultants were on the design team. The budget for the two projects was $75,000, and the work was done on schedule and within this budget. After the Murdy project was complete, an additional $5,000 was spent on a compound that was applied to the surface to strengthen the edges. 14 purkiss-rose-rsi Public Skateboard Park, City of Diamond liar RESUME OF RELEVANT EXPERIENCE Project Budget Murdy: $65,000 Huntington Beach High School: $75,000 Project Time Schedule Murdy: 6 weeks contract, 8 weeks actual Huntington Beach High School: 8 weeks contract and actual Project Team Steve Rose and Dominic Oyzon, Landscape Architects Reference: Ron Hagan Director of Community Services City of Huntington Beach 2000 Main Street Huntington Beach, CA 92748 Tel. (714) 536-5486 FIELDHOUSE PARK SKATEBOARD TRACK CITY OF DES MOINES, WA Purkiss Rose -RSI was retained by the City of Des Moines to master plan improvements that offer the community ballfields, tennis, playground, group picnic and a community building with indoor basketball for a well used park. The program for the new master plan was to relocate the playground, add a skateboard track, sand volleyball, group picnic and convert the tennis court into a roller hockey rink. The skateboard track was the first phase, and several workshops were held with user groups to gain insights into their needs, develop design concepts, review construction budgets and set timelines. Through this energetic exchange of ideas and critique, a consensus was developed. The City, under the direction of Rick Still, acted as its own general contractor, used volunteer labor and donations to build the facility. The project is complete and has proven to be very successful. The project was completed in the summer of 1996. There were many donations, and the project was built by volunteers. The cost for materials to the City was $36,000. No subconsultants were used on this project. Project Budget $95,000 (built by staff for $36,000) pHr(ziss-rose-rsi Public• Skateboard Park, Citv of Diamond Bar RESUME OF RELEVANT EXPERIENCE Project Time Schedule 6 weeks contract, 12 weeks actual (built by staff) Project Team Steve Rose and Dominic Oyzon, Landscape Architects Reference: Rick Still Park Supervisor City of Des Moines 1000 S. 220th St. Des Moines, WA 98198 Tel. (206) 870-6556 SKATE PARK CITY OF KENT, WA Purkiss Rose -RSI was hired to take the City and community through the public input and design process to develop a skate park. The design team met with staff, reviewed the site, and facilitated the public workshops. Several design concepts were formulated, which included entry to the park, viewing plaza, and skate park for skateboarders and inline skaters. The skate area includes ramps, fun box, steps, curbs, rails, pyramids, grinding areas, jumps and quarter pipes connected to bowls by a concrete snake. All this is fun activity with areas for teenagers to socialize. The project was built on schedule and was planned to be built in two phases due to budget constraints. The City budget was $90,000 and the local Lyons Club came through with a donation of $30,000. The City provided all engineering services. The project was completed in the Fall of 1996. We are currently working on their second skate park. Project Budget $220,000 Project Time Schedule 6 weeks contract, 6 weeks actual Project Team Steve Rose and Dominic Ovzon, Landscape Architects 6 purkiss-rose-rsi Public Skateboard Park, City of Diamond Bar RESUME OF RELEVANT EXPERIENCE Reference: Pamela Mc Fall Parks Development Coordinator City of Kent 220 4th Ave. South Kent, WA 98032 Tel. (206) 859-4002 SILVERDALE SKATE PARK COUNTY OF KITSAP, WA The County of Kitsap hired Purkiss Rose -RSI to work with the local Skateboard Task Force to prepare plans and specifications to develop a skate park on a proposed County park site. The County worked with local enterprises to help fund the project and provided matching funds. The Design Team attended three workshops with the Task Force to formulate a Master Plan for the skate park. The skate park was built with the rest of the park. The design has proven to be very interesting due to the local terrain. The construction contract was let in the fall of 1997; however, the beginning of construction was postponed to the following spring when the project was completed in six weeks. The cost of the project was $120,000, and the County staff did the landscape improvements. The City provided all necessary engineering services. The project was completed in Summer of 1998. Project Budget $200,000 Project Time Schedule 6 weeks contract, 6 weeks actual Project Team Steve Rose and Dominic Ovzon, Landscape Architects Reference: Larry Cote Park Planner County of Kitsap 1200 N.W. Fairground Road 17 j�ur�iss-rose-rsi RESUME OF RELEVANT EXPERIENCE Bremerton, WA 98052 (360) 895-3895 Public• Skateboard Park, City of Diamond liar SKATE PARK CITY OF MODESTO, CA The City of Modesto has completed a 13,000 square foot skate facility. With the help of a very energetic Skate committee and strong support from City staff the project has been completed and has proven to be very successful. Over $60,000 in donations were received to make the project a reality. Review their web page to get a pictorial review of the construction of the Park at wvvw. skatepark. ainet. com. The project was completed on schedule in the summer of 1998. Our estimate to complete the project with additional site improvements was beyond the City budget for the project. A successful fund raising program obtained the necessary funding to complete the project. Project Budget $220,000 Project Time Schedule 8 weeks contract, 16 weeks actual (rain) Project Team Steve Rose and Dominic O_yzon, Landscape Architects Referwice: Doug Lemcke City of Modesto 801 11`h St. Modesto, CA 95353 (209) 577-5355 SKATE PARK CITY OF CLAREMONT, CA The City of Claremont hired Purkiss Rose -RSI to work with its Skate Park Task Force to develop a low risk, but fun Public Skate Park. The skate facility, finished in the summer of 1998, is located at Cahuilla Park next to the teen center and high school. The plans also included a stage and seating 18 purkiss-rose-rsi Pubtic Skateboard Park, City of Diamond Bar RESUME OF RELEVANT EXPERIENCE for special events. The Task Force was not only instrumental in working on design ideas but also was involved in the actual construction of the park itself. The skate facility, which is 7,000 square feet in size, includes a drop-in, rails, pyramid, flat banks and transition as well as grindings, benches, and curbs. The Skate Park is non fenced, non supervised and is free of charge. Project Bridget $135,000 Project Time Schedule 8 weeks contract Project Team Steve Rose and Dominic Oyzon, Landscape Architects Reference: Dick Guthrie, Director Human Services Department City of Claremont 840 N. Indian Hill Blvd. Claremont, CA 91711 (909)399-5493 SKATE PARK CITY OF RANCHO CUCAMONGA The youth in the community worked very hard for the realization of their Skate Park. The community participated in the design workshops and fund raising. The skaters put on several demos and concerts to help raise funds for the skate park. The 7,500 square foot facility offers some steep drop-in's, mellow banks and shallow bowl, rails, curbs, gap, and lots of grinding edges. The facility is located in Spruce Park and fits into the existing terrain very nicely. Great street exposure offers good visibility into the site with lots of room for spectators. The Skate Park opened in the fall of 1998. Project Bridget $150,000 Project Time Schedule 8 weeks contract Project Team Steve Rose and Dominic Oyzon, Landscape Architects 9 purkiss-rose-rsi Public Skateboard Park, Cit of Diamond Bar RESUME OF RELEVANT EXPERIENCE Reference: Karen Emery, Park Planner Community Services Department City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91729 (909) 477-2760 SKATE PARK CITY OF SANTEE, CA The City of Santee realized the need for multiple sites to meet the needs of the skate community. Purkiss Rose -RSI was hired to develop a feasibility study to identify potential sites, conduct public input meetings with the community, and make a recommendation for three sites to facilitate skater needs. Upon completion of the feasibility study, the design team conducted a series of design workshops with local skaters and developed a design layout for each site. The concepts offered a variety of solutions to best fit the site and give the skates a variety of skating experiences. Also the solutions had to fit the site. One site features street style skating, another site, bowls and snake run and the third site offers a combination of experiences. The first Skate Park to be built is located at Woodglen Park and offers both bowls and a street course. The park has proven to be extremely popular and far exceeded everyone's expectations. Project Bridget $122,000 Project Time Schedule 8 weeks contract Project Team Steve Rose and Dominic Oyzon, Landscape Architects Reference: Dan York City of Santee 10601 Magnolia Ave. Santee, CA 92071 (619) 258-4100 x 174 0 1)Hrkiss-rose-rsi Public Skateboard Park, CiN of Diamond Bar RESUME OF RELEVANT EXPERIENCE SKATE PARK CITY OF VISTA, CA Vista skate park, designed by Frank Garcia Hirata and local skaters, has proven to be one of the best skate facilities in the State of California. Purkiss Rose -RSI was hired by Jim Porter, Director of Community Services, to work with local skaters in the design of a skate park, located at a local park situated behind City Hall. The Skate Park is 9,500 square feet in size and offers a lot of challenge for the beginner, intermediate and advanced skater. Frank skates here several times a week and feels it contributed to his success on the pro tour. The park features twin bowls, a great street course with ledges, stairs, rails, ramps and transitions. There is a continuous half pipe that has proven to be great fun and a challenge for all. The park is visited by 50 to 100 skaters a day and is greatly appreciated by the local skaters. At the grand opening, City Council members vowed to build two more parks based on the success of the first skate park. Project Bridget $131,000 Project Time Schedule 8 weeks contract Project Team Steve Rose and Dominic Oyzon, Landscape Architects and Frank Garcia Hirata Reference: Jim Porter, Director Community Services Department City of Vista 600 Eucalyptus Ave. Vista, CA 92085 (760)639-6151 SKATE PARK SITE SELECTION AND DESIGN CITY OF PALMDALE, CA The City of Palmdale requested Purkiss Rose -RSI to review several potential sites for the addition of a Skate Park. The City is 20 miles across, and after a review of potential sites, three were chosen as possible locations. It was deemed desirable to locate several skate parks throughout the community so a larger audience could be reached. Working through public workshops, design 21 purkiss-rose-rsi Public Skateboard Park, Qv of Uiomond Bar RESUME OF RELEVANT EXPERIENCE concepts were developed for each site. The concepts have been refined into Master Plans for each site, and priorities for development were reviewed. The project was completed in summer of 1998. Project Budget $146,000 Project Time Schedule 8 weeks contract Project Team Steve Rose and Dominic Oyzon, Landscape Architects Reference: John Lasagna, Director Community Services Department City of Palmdale 708 E. Palmdale Palmdale, CA 93550 (805) 267-5611 Several new projects have recently opened up: City of Merced, California City of San Dimas, California City of North Bend, Washington 22 purkiss-rose-rsi RESUME OF RELEVANT EXPERIENCE SUMMARY: The following projects have been completed: Murdy Park, Huntington Beach, 1993 Huntington Beach High School, 1994 Des Moines, Washington, 1997 Kent, Washington, 1997 Modesto, California, 1998 Palmdale, California, 1998 Silverdale, Washington, 1998 Claremont, California, 1998 Rancho Cucamonga, California. 1998 Santee, California, 1998 Tualatin, Oregon, 1998 Vista. California, 1999 North Bend, Washington San Dimas. California The following projects are under construction: Everett, Washington Merced, California Mission Viejo, California San Ramon, California Kent #2, Washington Anacortes, Washington Corona #1, California Palm Desert, California The following projects are in for plan check or out to bid Irvine, California Dublin, California Federal Way, Washington Sumner, Washington Olvm pia, Washington Sioux City, Iowa Alpena, Michigan Auburn, Washington Corona #2, California Ridgecrest, California Lynwood, California Cerritos, California Brea, California Public Skateboard Park, City of Diamond Bar The following projects are in the construction document stage: Eagle, Idaho Glendale, California Bellingham, Washington Incline Village, Nevada Los Angeles, California The following projects are in the design phase: Santa Barbara. California Westtninister, California Yorba Linda. California Laguna Niguel, California Piedmont, California Long Beach, California Brawley, California Fairfield, California Corona #3 San Diego. California San Clemente, California Paso Robles, California Milton, Washington La Grande, Oregon Oregon City, Oregon The following projects are in the feasibility study phase: Flagstaff, Arizona Shoreline, Washington Santee #2, California Venice Beach, California Walnut, California Cypress, California Pomona. California New Projects Coming up Carson. California Fullerton, California El Cajon, California Snohomish, Washington 23 hnrkiss-rose-rsi Public Skateboard Park, City of Diamond Bar RESUME OF RELEVANT EXPERIENCE FIRMS CAPACITY: Purkiss Rose -RSI is a well established professional Landscape Architectural Firm specializing in Recreation and Park Planning. We have an 18 -person staff with three licensed Landscape Architects. We utilize state of the art computer systems and have 9 Cadd Stations using Auto Cad 14. The majority of our workload is in the public sector, and we are very familiar with the public input, approval, bidding and construction process. We have the talent, staff, experience, and knowledge to meet your time lines and expectations. Over the years we have participated as guest speakers and presenters at the several state Parks and Recreation Society annual meetings. Last year at the California and Washington Park and Recreation Conferences, we gave a session on Public Skate Parks. DESCRIPTION OF PARK AND RECREATION FACILITY PLANNING AND DEVELOPMENT EXPERIENCE Purkiss Rose -RSI Landscape Architecture, Recreation and Park Planning is a full service landscape architectural design firm providing creative, personalized services within a team management concept. The firm is committed to providing complete landscape architectural design services which respond to the client's aesthetic, functional, and budget requirements. The firm's professional staff, comprised of landscape architects supported by technical and clerical personnel, provides sound knowledge and skills backed by years of experience in landscape architecture, campus, recreational and environmental design. The firm is recognized for excellent design solutions. The firm has provided professional design services to over 125 cities, 10 counties, the States of California and Washington, the Federal Government, college and corporate campuses and numerous recreation, park and school districts throughout the State. The firm has completed construction plans for public facilities totaling in excess of $250 million. Purkiss Rose -RSI has forged specific capabilities that are critical to the success of most institutional and public projects. These include the following.- Expertise ollowing: Expertise in Design and Development of Schools, Campuses, Park and Recreational Facilities, Play Areas, Beautification Projects, Urban Development, and Other Municipal Projects. _;� Purkiss-rose-rsi Public Skateboard Park, City of Diamond Bar 121PQITM1P nF RF1.F.VANT EXPERIENCE Purkiss Rose -RSI Landscape Architecture, Recreation and Park Planning has specific experience in the design of exterior spaces in the following areas: Skate Parks School and university campus planning Corporate campus planning Park planning, design, and development Park and sports field renovation Civic and public facilities Commercial and office parks Fire stations, libraries, and museums Medical and health care facilities Historic renovation Redevelopment and revitalization Restaurants, entertainment parks and hotels Municipal beautification projects Multi -family residential projects Slope and common area review and renovation Maintenance and operations observation Maintenance specifications Homeowners Association consulting Homeowners Association common areas Custom residential 25 purkiss-rose-rsi W A w U A W O a O 94 a t 0 h R C. ■ O� ■ ■ ■ 0 ■ ■ a � ■ ■ ■ t1 ■ ■ ■ ■ ■ •- o RS L .fl O N CIS � Z, U n cc G U ca C is is o � O b 0. '•, Q � > O 3 r � p o U ;� •� Y L = CA CC in RS 11,01fd G, 0. cn a U a t 0 h R C. Public Skateboard Park, City of Diamond Bar STATEMENT OF CONFIRMATION PROFESSIONAL SERVICES AGREEMENT We have reviewed the Professional Services Agreement (Appendix A to the RFP) with our insurance carrier and attorney to make sure we have all the, required insurance. Our coverage meets the services stipulated in the agreement and request for proposal. We note that the Indemnification Section continues to change and grow. If we are selected for this project, we would like the opportunity to work with the City, as we have in the past, on the language and have our Insurance Carrier representative work with the City Attorney on this very important section of the agreement. We have "hashed" this out in the past and feel comfortable with past concessions on signed agreements. � � rHrkiss-rose-rsi RESUMES Public Skateboard Park, City of Diamond Bar STEPHAN ROSE Principal -in -Charge, Purkiss Rose -RSI Landscape Architecture Recreation and Park Planning EDUCATION: B.S. in Landscape Architecture, California State Polytechnic University, Pomona, CA A.A. in Architectural Technology, Orange Coast College, Huntington Beach, CA RESPONSIBILITIES: Mr. Rose's responsibilities are primarily in business administration, contractual services and design quality control. He participates as a member of the design team and acts as facilitator in the public input process. He also manages a wide range of projects from residential to large city-wide recreation and park master plans. EXPERIENCE: Stephan Rose has been with the firm since 1968. During this period he has participated in all areas of landscape architecture. Mr. Rose has worked with over 40 cities on site selection and skate park designs. He has conducted over 60 community workshops and made presentations at Park and Recreation Conferences, Commissions and Councils in the States of California, Idaho, Iowa, Michigan, Oregon and Washington. Projects throughout . Southern California include: New phase developments for Knott's Berry Farm. The project involved a 20 -acre entertainment park addition which included layout of rides, queue area, road treatment, hard surfaces, scenic layouts, lush planting, and irrigation. Master Plan development for four parks in the San Bernardino mountains. Urban planning for redevelopment of the Fullerton Central Business District. Design and development ofManzanita Heights Park, Courson Park, the 40 -acre Palms Park Master Plan and the 20 -acre Desert Sands Park in Palmdale, the 1991 community park award -winner. Mr. Rose also participated in the development of Hermosa Park, Old Town Park and Beryl Park West in Rancho Cucamonga. He was likewise involved in generating renovation concepts for all schools in the Rowland Unified School District and development of standard site drawings for the San Diego City School District. He participated in the formulation of specific guidelines for site improvements for Lockheed, Palmdale as well as the expansion of the Hughes Ground Systems, design for the Chevron Oil Field Research Corporate Headquarters in La Habra and renovation of Beckman Instruments in Fullerton. He was involved in the development of the Ten -Year Master Plan for the Big Bear Valley Recreation and Park District. Mr. Rose was also instrumental in the development of the Twenty -Year Master Plan for the Cities of Temecula, Hermosa Beach, Diamond Bar and 29 purkiss-rose-rsi Public Skateboard Park, City of Diamond Bar STEPHAN ROSE (continued) the Town of Yucca Valley. The process Professional Affiliate, American Institute involved obtaining public input through of Architects workshops where Mr. Rose acted as facilitator. REGISTRATION: Projects in the private sector have included restaurants, hotels, hospitals, retail, senior housing, industrial and commercial parks, and recreation areas for multi -family housing projects. COMMUNITY INVOLVEMENT: Stephan Rose has been involved in many community projects and organizations in Fullerton. He is the appointed landscape architect for the California State University Fullerton campus. He served as a Park and Recreation Commissioner and is currently a Fullerton Arboretum Commissioner. He is a past Chairman of the Arboretum Advisory Board and past chairman of the Fullerton Redevelopment Architectural Review Board. Currently, he is a member of the Advisory Board of Fullerton Community College and Golden West Community College and a past board member of the Tree Society of Orange County. PROFESSIONAL AFFILIATIONS: • Member, American Society of Landscape Architects • Member, California Park and Recreation Society • Member, Washington Recreation and Park Association • Member, Southern California Municipal Athletic Federation Landscape Architect CLARB # 1216 California #1513 Idaho #LA -255 Iowa #370 Michigan #1255 Oregon 9395 Washington 9669 Arizona #33598 30 rturkiss-rose-rsi Public Skateboard Park, City of Diamand Bar DOMINIC K. OYZON Project AtanaQer Purkiss-Rose-RSI I andscape Architecture Recreation and Park Planning EDUCATION: B.S. Landscape A rchiteclure, California State Polytechnic University, San Luis Obispo, CA EXPERIENCE: During Mr. Oyzon's tenure at Purkiss Rose - RSI he has been involved with numerous and varied projects including the design of transportation facilities, urban plazas, recreational and park facilities, and community redevelopment projects and skate park facilities. Examples of his work with Purkiss Rose -RSI are the Fullerton Train Station; Pathfinder Park, O'Neill Regional Park Interpretive Complex; Bob Henry Park; various skate park facilities throughout California, Oregon and Washington; and water features for the City of Paramount. Other works currently in construction or design are Greenleaf Park; the George G. Golleher Alumni House and the Health Center Courtyards at California State University Fullerton; Orange Sports Park Complex, and Huntington Beach Pier Plaza. Prior to working at Purkiss Rose -RSI, Mr. Oyzon was associated with Fong and Associates of Cost Mesa for four years in the field of landscape architecture. He was involved in all facets of design, construction documentation and coordination and supervision, budgetary analysis, and client contact. His projects ranged from urban plazas, roof deck gardens, fountains and waterworks, to parks and recreational areas and landscape master plans. REGISTRATIONS: Landscape Architect California 94010 � hurkiss-rose-rsi FRANK GARCIA HIRATA Professional Skateboarder EXPERIENCE: Frank is a skateboarder who has been sponsored since 1989 and turned professional in 1991. His current sponsors are Planer Earth Skateboards, Physics Wheel Concepts, CCS - shop/mail order, Dukes Shoes, Powell Bones Bearings, and Dragon Optical. He has film and video experience, having appeared in nine videos, one movie, three commercials, and six interviews (domestic and international, including a Japanese television interview on Nippon TV, as well as on the Internet). Frank is currently filming for four videos and shooting photos for four interviews, which will be released this year. He continually travels all over the United States, Europe, and Canada in order to promote himself as well as his sponsors through contests and demonstrations. As a result of these appearances, including ESPN 's Extreme Games and X -Trails, and MTV's Sports and Music Festival, Frank is known throughout the world. PRODUCTS DESIGNED: • Pro -Model Skateboard • .Two, Signature Model Wheels • Currently Designing a Signature Model Shoe Puhlic SAwehoard Park, City of Diamond Bar 32 purkiss-rose-rsi Public Skateboard Park, City of Diamond Bar TABLE OF CONTENTS I Cover Letter ........................ Scope of Services and Fee Proposal ..... ....................... � . ... .5 Resume of Relevant Experience .. . .... ...................... 12 Timeline....... . .. . - - . ...... . . . . . ...................... 26 Statement of Confirmation ....... ..... .. . .. . ................. ...... .. 27 R&sum6s .. . ..... ..... .. .. ..: ' ' '' ' ''' — * ' ''*''*'* ... -28 Ilwykiss—rose—ysi ' REQUEST FOR PROPOSAL PUBLIC SKATEBOARD PARK Site Selection Process/Design/Construction Documents for the development of a public, City operated skateboard park in the City of Diamond Bar. Background The Diamond Bar City Council has authorized the design and construction of a skateboard park in the 1999/2000 Fiscal Year budget. The funding has been made possible by selling $300,000 of the City's allocation of Proposition A (Transportation) funds for approximately $200,000. The City Council is in the process of completing the sale, and the funds necessary to pay for the services described in this RFP should be available by August 3, 1999. The budget for the site selection process, design, construction documents, and construction of the skateboard park will be approximately $200,000. Support for the construction of a skateboard park in Diamond Bar has been voiced by both youth and adult residents before the Parks & Recreation Commission and the City Council. Due to this support, the time line for a skateboard park in Diamond Br, as recommended in the Parks Master Plan, has been moved forward at least 8 years. TIME LINE The City Council has expressed a desire for an aggressive time line for this project. The goal is to award a contract related to this RFP by August 3, 1999. The overall goal is to have construction completed by the start of summer, 2000. SCOPE OF WORK The City is seeking an experienced design team necessary to select a site utilizing a public process, design a challenging skateboard park using input from skateboaders for design elements, complete accurate, buildable construction documents and to assist as requested during construction. The following key tasks are recommended, as a minimum: City of Diamond Bar Page 1 RFP — Public Skateboard Park Phase I — Site Selection ♦ Review, visit, and evaluate sites within the City • Conduct neighborhood informational meetings ♦ Participate in meetings as necessary before the Parks & Recreation Commission, Planning Commission, Traffic and Transportation Commission, and City Council. • Develop conceptual site plans of at least three (3) potential sites, stating estimated construction costs and pros/cons for each site. Phase If — Design In conjunction with the site selection process, develop a conceptual plan with design elements that are within budgetary constraints, and are supported by the skateboarding community. After site selection process, prepare a final conceptual design, that includes supported design elements, for the selected site. Include estimated construction costs. Phase 111 — Construction Documents After approval of the conceptual design, complete construction documents, including plans and specifications. Phase IV — Construction Support construction documents and provide Construction Observation services, as necessary SUBMITTAL OF PROPOSALS • Cover letter including name, address, and telephone number for the firm, background information and the name of the contact person. ♦ Scope of Services ♦ Proposal Fee, itemized by task ♦ Proposed hourly billing for each project team member that would be assigned and any expected additional expenditures • At least three references for similar work ♦ Timeline for completion of project City of Diamond Bar Page 2 RFP - Public Skateboard Park ♦ Statement of confirmation that the attached Professional Services Agreement (Appendix A) has been reviewed by the firm and it is acceptable, as presented. SUBMITTAL DEADLINE: Interested firms must submit four copies of the proposal to: Bob Rose, Director of Community Services City of. Diamond Bar 21660 E. Copley Drive, Ste 100, Diamond Bar, CA 91765 Proposals are due by Friday, July 23, 1999 at 5:00p.m. Any questions regarding this R.F.P. should be directed to Bob Rose, Director of Community Services, at 909/396-5694. Attachment: Professional Services Agreement (Appendix A) City of Diamond Bar Page 3 RFP — Public Skateboard Park CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of and between the City of Diamond Bar, a municipal corporation ("City") and , ("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", the City's Request for Proposals dated_, 1999. B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "B", the Consultant's Response, dated , 1999 to the City's Request for Proposals. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "B." 2. Term of Agreement. This Contract shall take effect , and shall continue until , unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "B." 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 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. Addresses. City: City of Diamond Bar Consultant: Terrence L. Belanger, City Manager 21660 East Copley Drive, Suite 100 Diamond Bar, California 91765-4177 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 City of Diamond Bar Consulting Services Agreement 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 attomey's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Consultant shall perform all work to the highest professional standards and in a manner reasonably satisfactory to the City Manager or the City Manager's designee. 8. Indemnification. Consultant is skilled in the professional calling necessary to perform the services and duties agreed to be performed under this Agreement, and City is relying upon the skill and knowledge of Consultant to perform those services and duties. To the fullest extent permitted by law, Consultant hereby agrees, at its sole cost and expense, to defend, protect, indemnity, and hold harmless the City of Diamond Bar and its elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Consultant or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to this Agreement or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Consultant shall pay Indemnitees for any attorneys fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a) or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is City of Diamond Bar Consulting Services Agreement subject to Civil Code § 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 claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Consultant regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. In the event there is more than one person or entity named in the Agreement as a Consultant, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and ommissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence; and (5) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy0es) as to comprehensive general liability, property • damage, automotive liability, and worker's compensation coverages. The policy (ies) as to comprehensive general liability, property damage, and automobile liability, shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. Consultant agrees that if it does not keep the insurance in full force and effect, and such insurance is available at a reasonable cost, City may take out the necessary insurance and pay the.premium thereon, and the repayment thereof shall be deemed an obligation of Consultant and the cost of such insurance may be deducted, at the option of City, from payments due Consultant. C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement". City of Diamond Bar Consulting Services Agreement 10. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be retumed 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 property of City without restriction 'or limitation upon its use or dissemination by City. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 13. Termination. City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth 0 5th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 15. Financial Condition. Prior to entering into this Agreement, Consultant has submitted documentation acceptable to the City Manager, establishing that it is financially solvent, such that it can reasonably be expected to perform the services required by this Agreement. Within thirty (30) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement, Consultant shall submit such financial information as may be appropriate to establish to the satisfaction of the City Manager that Consultant is in at least as sound a financial City of Diamond Bar Consulting Services Agreement 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 Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 18. Performance Evaluation. For any contract in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 19. Compliance with laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 20.. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. City of Diamond Bar Consulting Services Agreement 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, bilis, 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 provisionsof this section. 23. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 24. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 25. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 26. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. ATTEST: By: City Clerk Approved as to form: By: City Attorney "CITY" CITY OF DIAMOND BAR By: Mayor "CONSULTANT" By: Its: City of Diamond Bar Consulting Services Agreement CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. iv TO: Terrence L. Belanger, City Manager MEETING DATE: August 3, 1999 REPORT DATE: July 26, 1999 FROM: Bob Rose, Community Services Director TITLE: Award of Contract for the Economic Analysis for the Proposed Community/Civic Center SUMMARY: At its special meeting on June 29, 1999, the City Council directed staff to move forward on the Community/Civic Center project. The next step of the process is to complete an economic analysis of the proposed facilities on the proposed sites. Costs that will be reviewed include: land acquisition, design, grading, construction, fixtures, furnishings, landscaping, and fees for construction management. Staff released a Request For Proposals (R.F.P.) to obtain a consultant to provide these services. Staff received two responsive proposals that ranged in fees from $27,720 to $35,000. Both proposals were equal in quality with both firms having extensive experience with this type of work. However, the proposal from Economics Research Associates (E.R.A.) was for $7,280 less. Therefore, staff is recommending that the City Council award the contract to E.R.A. E.R.A. is an international firm with a great reputation for completing the services now sought by Diamond Bar. The Los Angeles office has completed similar projects throughout the State of California and the western United States. E.R.A. has also worked with the City before, providing support research for the Diamond Bar Redevelopment Project Area. E.R.A. expects to complete the economic analysis for the proposed Community/Civic Center within 60 days. RECOMMENDED ACTION: It is recommended that the City Council award the contact for the Economic Analysis for the proposed Community/Civic Center to Economic Research Associates (E.R.A.) for the fixed fee amount of $27,720, plus a contingency of $5,000 for support architectural services, for a total authorization of $32,720. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification _ Resolution(s) _ Bid Specifications (on file in City Clerk's office) Ordinance(s) X Other: Request for Proposals X Agreement(s) Proposal Submitted by E.R.A. EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? X Yes _ No 2. Does the report require a majority vote? X Yes _ No 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No What Commission? 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: REVIEWED BY: ;r Terrence L. Belanger James DeStefano Bob R se City Manager Deputy City Manager Community Services Director CITY COUNCIL REPORT MEETING DATE: August 3, 1999 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Award of Contract for the Economic Analysis for the Proposed Community/Civic Center Issue Statement This contract will result in the completion of the Economic Analysis for the various program options and sites for the proposed Community/Civic Center. This is the next step in the process leading toward the design of the facility. City Council approval is required for contracts in excess of $15,000. Recommendation It is recommended that the City Council award the contract for the Economic Analysis for the proposed Community/Civic Center to Economic Research Associates (E.R.A.) for the fixed fee amount of $27,720, plus a contingency of $5,000 for support architectural services, for a total authorization of $32,720. Financial Summary The City Council has appropriated $500,000 in the 1999/2000 Fiscal Year budget for research and the design of the proposed Community/Civic Center, The source of funds is the General Fund. Background At a special meeting on June 29,1999, the City Council directed staff to take the steps recommended by the Community/Civic Center Task Force to move forward on this project. The next step has been determined to be a fiscal analysis of the estimated costs for the recommended programs on each of the four proposed sites. Staff released a Request For Proposals (R.F.P.) to obtain a qualified consultant to complete the fiscal analysis. Two proposals were submitted that ranged in fees from $27,720 to $35,000, Both proposals were equal in quality with both firms having extensive experience with this type of work. However, the proposal from Economics Research Associates (E.R.A.) was for $7,280 less. Therefore, staff is recommending that the City Council award the contract to E.R.A. E.R.A. has previously performed similar economic analysis projects throughout the state and the western United States, including the evaluation of retail and industrial properties in Diamond Bar. This worts was done as support research for the Diamond Bar Redevelopment Project Area. The proposed fee from E.R.A. to complete the economic analysis for the Community/Civic Center is a fixed fee amount of $27,720. E.R.A. also suggests that a separate arrangement be made with LPA, Inc., the City's architect for this project, in an amount not to exceed $5,000, to provide detailed back-up materials for the proposed facilities. E.R.A. is willing to administer an agreement with LPA, Inc. for necessary architectural services through this contract. The City Council has appropriated $500,000 in the 1999/2000 Fiscal Year budget for research and design of the proposed Community/Civic Center, Discussion The work that will be completed by E.R.A. includes: 1. Completion of site analysis, including: a. Acquisition costs b. Development costs c. Loss of Income (current & future) d. Payment/funding sources e, Financing/bond options & costs f. Estimated maintenance & operations costs 2. While performing the site analysis tasks, consideration will be given to the seven potential combinations of programs on the four sites: a. Entire Program on Hospital Pad b. Civic Program on Hospital Pad with Commercial Uses (requires coupling with f or g) c. Civic Program on Kaiser Pad (requires coupling with f or g) d. Civic Program on Portion of Golf Course (requires coupling with f) e. Entire program on Summitridge Park site f. Sports Complex on Summitridge Park (couple with b, c, or d) g. Sports Complex on portion of Golf Course (couple with b or c) 3. Compilation of materials into written report format. 4. Oral presentation of report to the City Council E.R.A. expects that this work can be completed in a 60 day time frame. Prepared by: Bob Rose, Community Services Director CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of August 3, 1999 and between the City of Diamond Bar, a municipal corporation ("City") and Economic Research Associates, ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City, as set forth in Exhibit "A", the City's Request for Proposals dated July, 1999. B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "B", the Consultant's Response, dated July 23, 1999 to the City's Request for Proposals for the Fiscal Analysis of four (4) potential sites for the Proposed Community/Civic Center Project. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "B." 2. Term of Agreement. This Contract shall take effect August 3, 1999, and shall continue until October 31, 1999, unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "B." 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 Twenty -Seven Thousand, Seven Hundred and Twenty dollars ($27,720), plus a contingency amount of Five Thousand dollars, ($5,000), for a total not to exceed amount of Thirty-two Thousand, Seven Hundred and Twenty dollars, ($32,720). 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses. City: City of Diamond Bar Consultant: Economic Research Associates Terrence L. Belanger, City Manager 10990 Wilshire Boulevard, Suite 1500 21660 East Copley Drive, Suite 100 Los Angeles, CA 90024 Diamond Bar, California 91765-4177 City of Diamond Bar Consulting Services Agreement - Fiscal Analysis for Community/Civic Center A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. in the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Consultant shall perform all work to the highest professional standards and in a manner reasonably satisfactory to the City Manager or the City Manager's designee. 8. Indemnification.. Consultant is skilled in the professional calling necessary to perform the services and duties agreed to be performed under this Agreement, and City is relying upon the skill and knowledge of Consultant to perform those services and duties. To the fullest extent permitted by law, Consultant hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Diamond Bar and its elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Consultant or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to this Agreement or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity.provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Consultant shall pay Indemnitees for any attorneys fees and City of Diamond Bar Consulting Services Agreement - Fiscal Analysis for Community/Civic Center costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a) or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Consultant, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Consultant regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. In the event there is more than one person or entity named in the Agreement as a Consultant, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City (1) a policy or policies of broad-form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and ommissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence; and (5) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, automotive liability, and worker's compensation coverages. The policy (ies) as to comprehensive general liability, property damage, and automobile liability, shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. Consultant agrees that if it does not keep the insurance in full force and effect, and such insurance is available at a reasonable cost, City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Consultant and the cost of such insurance may be deducted, at the option of City, from payments due Consultant. City of Diamond Bar Consulting Services Agreement - Fiscal Analysis for Community/Civic Center C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement". 10. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 13. Termination. City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, 4 City of Diamond Bar Consulting Services Agreement - Fiscal Analysis for Community/Civic Center 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 Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 18. Performance Evaluation. For any contract in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. City of Diamond Bar Consulting Services Agreement - Fiscal Analysis for Community/Civic Center 19. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 20. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 21. Attorney's fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 22. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day fallowing deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 23. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 24. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 25. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 26. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. City of Diamond Bar Consulting Services Agreement - Fiscal Analysis for Community/Civic Center IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. ATTEST: By: City Clerk "CITY" CITY OF DIAMOND BAR .112 Mayor Approved as to form: "CONSULTANT" By: City Attorney By: Its: City of Diamond Bar Consulting Services Agreement - Fiscal Analysis for Community/Civic Center Economics Research Associates A PROPOSAL TO PERFORM A FISCAL ANALYSIS OF A PROPOSED COMMUNITY/CIVIC CENTER AT FOUR ALTERNATIVE SITES IN SUBMITTED TO THE CITY OF DIAMOND BAR BY ECONOMICS RESEARCH ASSOCIATES JULY 23, 1999 PROPOSAL NO. 37476 10990 Wilshire Boulevard Suite 1500 Los Angeles. CA 90024 310 477 9536 FAX 310 478 1950 ww'W. econre S. COM ERA is affiliated with Drivers Jonas Los Angeles San Francisco San Diego Chicago Washington DC London Economics Research Associates July 23, 1999 Mr. Bob Rose Director of Community Services City of Diamond Bar 21660 E. Copley Drive, Suite 100 Diamond Bar, California 91765 Proposal No. 37476 Dear Mr. Rose: Economics Research Associates is pleased to submit this practical and straightforward proposal to conduct the fiscal analyses you require concerning the proposed Community/Civic Center project. We have carefully examined the initial FAX RFP and have gained a great deal more knowledge by talking with you about the City's current requirements. Thanks also for transmitting the additional detail on July 16, which has helped us to focus our proposed Scope of Work more carefully. ERA has conducted a wide range of analyses of various combinations of civic facilities for many Southern California and western cities. Our work span includes civic center/city hall type projects to swimming facilities. ERA has also prepared definitive analyses and forecasts of costs and operations revenues for performing arts centers, for "pay for play" public recreational facilities, and for leisure and cultural facilities. You will find a brief overview of our recent qualifications enclosed with the proposal materials. You will recall that we very carefully emphasized the need to define operations costs as a separate task so that we have a baseline for analyses of the four sites which you wish to have examined. Our experience indicates that swimming facilities tend not to be self supporting. Libraries operated via contract with Los Angeles County require sustained city subsidy. Shared meeting spaces for City Council activities, Planning Commission activities, and carefully scheduled community uses can work so long as they are closely managed in terms of both calendar and quality of maintenance. ERA presumes that preliminary construction/development estimates may be available. If not, ERA would like to bring aboard an independent analyst. We have provided for same in the proposal as an option. - 10990 Wilsh I'e B0L, ievard Suite 1500 Los Angeles, CA 90024 310.477 9585 FAX 310 478 1950 ww,. econres. corn ERA is affiliated with Drier: ionas Los Angeles San Francisco San Diego Chicago Washington DC London N You may recall that ERA worked for the City of 1995-96 in the evaluation of retail and industrial properties throughout the City as support research for the Redevelopment Project Area. We are highly familiar with Diamond Bar and we have provided data and advice on occasion at the request of City staff. We view this assignment as one requiring very carefully focused "whole costs" analysis, so that there are no surprises as the community pursues subsequent steps in the realization of the community/civic center. We look forward to the opportunity to again serve the City of Diamond Bar in a highly objective and professional manner. Respectfully submitted, \�4 q, �jzt-a� David A. Wilcox, AICP Senior Vice President DAW/np Enclosure: Proposal of Consultant Services I. UNDERSTANDING OF THE ASSIGNMENT The City of Diamond Bar, working with a highly energized Citizen Task Force, has undertaken the development program which will eventually yield a high quality community/civic center. The components of the first phase are intended to include a new city hall, a community/senior/ center, a library, and a sports complex which may have two phases including a gymnasium and a swimming pool. A performing arts facility may be added much later. In the preliminary work completed to date, which includes the advice of LPA Architects and Planners, four potential sites and combinations of uses on those sites have been identified. ERA has been provided with the working materials from the Task Force Report which was presented to City Council on June 29, 1999. ERA notes that the overall effort to date has not as yet focused on costs of operations of the facilities or on experience other cities have had with comparable uses and facilities. ERA proposes to include these tasks in the recommendations for the Scope of Work in this proposal. Considerable momentum has been under way; the community participants are anxious to see the project proceed to early implementation. ERA is prepared to conduct the work in a 60 -day time frame and to report the results to the City Council toward the end of September 1999. The firm understands that all of the working materials will be made available to the consultant team. We also anticipate that we will be able to contact the project manager for LPA, who has worked with the City in the preceding assignments. A performing arts center is proposed as a much later phase and may not be a part of the immediate assignment. ERA has significant experience in feasibility analyses for such centers with a number of built facilities in Southern California and the West. Should the client desire some preliminary fiscal assessments for such a center, we will be pleased to provide same. Economics Research Associates Fiscal Analysis of Proposed-CommittlYlOvk Center ERA Proposal No. 37476 I-1 H. SCOPE OF WORK Economics Research Associates has carefully read the Request for Proposal provided by the City. We understand the range of research and reporting which the City requires concerning the multiple sites and the seven scenarios which define various mixes of facilities. ERA has also discussed the addition of certain tasks with City staff during preparation of this proposal. In order to provide focused clarity regarding the tasks, the costs, and the schedule of delivery, a matrix has been prepared which combines all three in a chart. This text accompanies that chart. The Scope of Work tasks which ERA will perform are as follows: 1. Project Startup Activities During this research effort, ERA will visit all four of the identified sites. We will collect all of the Task Force reports and working papers. ERA desires to interview Mr. Jim Weirich (LPA) to understand all of the background materials which have been prepared for the City and the Task Force. ERA will also request City cost experience to date for the several facilities which are proposed. We desire to know the annual operating costs of facilities and/or estimates which have already been prepared as part of the study analyses or from comparable information gathered by City staff. ERA will also determine what the likely County of Los Angeles positions will be concerning library operations and use of a development pad at the county golf course. These will assist in defining the probable cost consequences to the City, of county partnerships. 2. Comparable Community/Civic Centers ERA will interview a number of Southern California and California cities to discover costs experiences, revenue results, and other guidelines which will be relevant to the Diamond Bar project proposals. We will find and interview cities which have had recent experience in building multi -functional facilities and also building multi -facility campuses. ERA will obtain capital cost estimates from such cities and also from print materials which are continually updated, including Marshall and Stevens and Building News Industries, which publish updated costs of construction for various public facilities. Economics Research Associates Fiscal Analysis of Proposed ComnainitylOvic Center ERA Proposal No. 37476 II -1 ERA will also obtain operating costs experience for different types of facilities. For example, ERA is highly aware of the costs of operation of municipal swimming pools. We have also conducted a number of assignments regarding "whole costs" of general government/city hall facilities. ERA will ask the interview cities about their experience in collecting revenues for services offered at the facilities. A number of communities (such as Escondido) have built office space with the intention of leasing to private parties. From all of the above, ERA will prepare a detailed memorandum report regarding comparable facilities experience of other municipalities. 3. Preparation of Capital and Operations Costs Estimates for the Diamond Bar Center ERA will divide the analyses into the five separate facilities which are intended, including the City Hall, the Community/Senior Center, the Library, the Sports Complex, and the Performing Arts Center. We will also identify the costs of operations and the capital costs of any retail space which may be developed, as is shown in one of the alternative scenarios. We will prepare a matrix which consolidates and summarizes these capital and operation costs by the individual facilities. 4. Preparation of Estimates of Costs of Development and Operations at the Four Sites with Several Mixes The prior task develops the generic costs of construction and operations. This task alters those according to the various mixes of facilities at the four different sites and is influenced by issues such as: • Cost of land control and use • Unique site development costs • Economies of scale, including energy costs, site maintenance costs, security, and other significant operational costs which will arise in different ratios depending on the consolidation or distribution of the facilities and functions. We will present the estimates of these costs of development and of operations at the four sites according to the seven scenarios in a matrix form which will allow comparison by the public and the City Council. Economics Research Associates Fiscd Analysis of Proposed CommunitylCIM Center ERA Proposal No. 37476 U-2 5. Definition of All of the Assumptions and Cost Parameters The underlying research and the assumptions concerning the differentiation of the sites and the fiscal results need to be documented clearly. There may be circumstances of cost savings or of cost transfers. For example, the City presently leases its City Hall quarters for nearly $100,000 per year. This may be transferable to amortization costs for a new dedicated use facility. Similarly, anticipated revenues should be carefully defined and conservatively stated so as not to generate overly optimistic expectations. This includes the range of "fee for play" for the recreational services as well as the possibility of retail space lease rents if such space is built as a part of a civic center campus. ERA also desires to define cost escalation ratios for the phased development of the facilities which is clearly indicated in the RFP and for the sequential startup of operations of the facilities. ERA will then derive the net costs to the City of Diamond Bar which can be compared amongst the seven scenarios. Finally, ERA proposes to define the amortization requirements, presuming that debt will be taken in order to build the facilities. ERA is not aware that the City will be leasing the facilities from a build -to -suit developer. We wish to discuss the matter of development sale and leaseback, however. 6. Preparation and Delivery of the Report ERA will provide the report in three segments. We will prepare the full report. An Executive Summary will be extracted from the full report for general public use. Background and Working Papers will be provided in a separate volume as backup to the full report. ERA proposes to provide ten copies of the full report and a good quality reproducible. We can provide 20 copies of the Executive Summary and a good quality reproducible. ERA is also prepared to provide all of the reports on consolidated diskettes so that the City may manipulate the text and charts for its own public information uses as well. The Background/Working Papers will be provided in five copies and a good quality reproducible. 7. Presentation of the Report/Findings to the City Council The RFP deliberately defines this responsibility and ERA is fully prepared to provide an effective presentation utilizing graphics which will be readable to the City Council, the citizens in the Council chambers, and for use in cable television transmissions. Economics Rescarch Associates Fiscal Analysis o posedm uMFI ' ieenter ERA Proposal No. 37476 II -3 8. Communications with the Ci 's Project Director ERA proposes a weekly phone conversation and a biweekly meeting in City Hall concerning progress and also for handover by both parties of relevant data as the project progresses. This completes the Scope of Work. It is fundamental to the assignment that the "generic" costs of construction of the facilities and of the annual operations precede the separation of the developments according to the four sites which represent alternatives and the seven scenarios in terms of facility mixes. Economics Research Associates Fiscal Analysis of Proposed Qo-m"wni1PVvic CeWer ERA Proposal No. 37476 U4 IV. STAFFING AND MANAGEMENT Economics Research Associates will commit David A. Wilcox, Senior Vice President, as project manager and principal in charge of the work. He will be supported by our Los Angeles staff members who are familiar with public facilities, costs of operations, and municipal and recreational services. Anne Wurts will support the effort, bringing her most recent experience concerning swimming facilities to the assignment. Amitabh Barthakur will provide perspective and research concerning construction costs and municipal services costs. Sevada Hemelians will provide the framework for the fiscal impact measurements, given his most recent assignments concerning fiscal analyses. This team works together constantly on numerous projects in Southern California and the West. A resume for each team member is provided hereafter. HOURLY RATES The hourly rates for each individual on the team and for support staff are shown below. Based on the distribution of the work effort, ERA has selected a $100 -per -hour composite or melded billing rate for the entire effort. David A. Wilcox $190/hour Anne Wurts $102/hour Amitabh Barthakur $76/hour Sevada Hemelians $76/hour Support Staff $45/hour Economics Resemb Associates FiscarAnalysis of Prqpo—s—edmnu; —kenter ERA Proposal No. 37476 ry-1 ECONOMICS RESEARCH ASSOCIATES CLIENT REFERENCES Mr. Roy Payne City Manager City Hall 250 Central Avenue Fillmore, California 93015 (805) 524-3701 2. Mr. David Kleitsch Economic Development Manager City Hall 501 Poli Street Ventura, California 93001 (805) 654-7819 Mr. Steve Dukett Redevelopment Director City Hall 460 N. Euclid Avenue Upland, California 91786 (909)931-4103 M. SCHEDULE OF PERFORMANCE As shown on the consolidated chart, ERA proposes to conduct all of the work on a disciplined schedule which will result in completion of the assignment within approximately eight weeks. We have shown a week -by -week series of task completions and each will be marked with a deliverable given to the City staff for review. We can commit to this schedule, and we understand that the City and its many public participants are anxious to learn the fiscal impacts of this most ambitious project. COST ESTIMATES FOR COMPLETION OF THE WORK ERA has defined the individual tasks which must be accomplished and has allocated costs according to the tasks. The reader will note that we believe that roughly 252 hours of professional consultant effort is required to provide an excellent quality report which is easily communicable to the City's many publics. ERA has identified a budget which calls for a fixed fee of $27,720. ERA requests that the City provide for progress payments during the course of the work. ERA has previously worked for the City of Diamond Bar and is familiar with its contract procedures. We are able to provide all necessary evidence of insurance coverages, financial capabilities, mandatory employee benefits, and other representations and certifications as may be necessary. ERA suggests that the City consider, as an option, inclusion of LPA as architect/planner/engineer by a separate contract or as an add-on to the ERA contract so that the cost estimates of the facilities may be clearly defined in a "whole costs" manner. For example, ERA is long familiar with the difference between hard costs and soft costs when creating development estimates. We must be certain that we have covered all cost areas, including furniture, fixtures and equipment for facilities and the design fees, construction management fees, and other permit fees which often become more than 25 percent of project development capital costs. At the present time, ERA is engaged in an extraordinarily controversial assignment in northern Kentucky concerning the replacement/relocation of a visitor center. We have enclosed for your information an initial cost estimation outline for capital costs and for operational costs as an example of the detail with which we are familiar, and which we pledge to provide to the City of Diamond Bar. Accordingly, we desire to have the City's Economics Research Associates Fiscal Analysa of Propose nano is COnfOr ERA Proposal No. 37476 III -I recent architect/planner review our work and provide advice concerning the construction and development costs. The City may wish to allocate an additional $5,000 for this optional effort. EXAMINATION OF CITY'S PROPOSED CONTRACT FORMAT ERA has reviewed the contract format provided by the City. We do find that the indemnification clause is so broadly written as to scare the daylights out of just about everybody. Accordingly, ERA must presume honor on the part of the City and a reasonable working environment in terms of the tasks of fiscal estimation which are the focus of the proposed assignment. We also note that the City's requirement for professional liability insurance/errors and omissions, while standard, should not be applied in areas of cost estimation and fiscal impact estimation where there can be reasonable differences of opinion. ERA is willing to sign a contract as shown, based on our prior excellent experience with the City in performing consultant services. Economics Research Associates Fucd Analysis of Proposed m— n/ty/ ' is CeAver ERA Proposal No. 37476 11I-2 CITY OF DIAMOND BAR FISCAL IMPACTS OF ALTERNATIVE SITES FOR THE COMMUNITY/CIVIC CENTER PROJECT TASKS/COSTS/SCHEDULE COSTS Schedule (task Consultant Labor and complete TASK Hours Expenses by) 1. Project Startup • Visit site(s) • Collect Task Force reports • Interview LPA/Jim Weirich • Collect City costs experience • Determine County of Los Angeles positions (library operations and golf course pad use) 2. Comparable Community/Civic Centers • Find/interview cities with recent experience • Obtain capital costs estimates • Find operating costs experience • Collect facilities revenues experience • Report on comparable facilities experience 3. Preparation of Capital and Operations Costs Estimates for Diamond Bar Center • City Hall • Community/Senior Center • Library • Sports Complex (gym, pool) • Performing Arts Center, • Any retail operations 4. Preparation of Estimates of Costs of Development and Operations at Four Sites and with Several Mixes (seven scenarios) • Land control • Unique site development costs • Presentation in matrix form 40 32 48 40 $ 4,400 $ 3,520 $ 5,280 $ 4,400 Second week Third week Fourth week Fourth week TASKS/COSTS/SCHEDULE (Continued) 8. Communications with City's Project Director 20 $ 2,200 Weekly phone conference (4); meeting at City Hall every two weeks (3) TOTAL 252 $27,720 Note: ERA is using a melded rate of $100 per hour for all of its professional consultant and support staff. Ten percent is added in each task to cover direct costs of document production, local travel, communications, and employee reimbursables. COSTS Schedule (task Consultant Labor and complete TASK Hours Expenses by) 5. Definition of All Assumptions and 24 $ 2,640 Fifth week Cost Parameters • Cost savings and/or transfers • Anticipated revenues • Cost escalation ratios • Net costs • Amortization requirements 6. Preparation and Delivery of Report 40 $ 4,400 Sixth week • Executive Summary • Full Report • Background/Working Papers 7. Presentation of Report/Findings to City Council 8 $ 880 Seventh week 8. Communications with City's Project Director 20 $ 2,200 Weekly phone conference (4); meeting at City Hall every two weeks (3) TOTAL 252 $27,720 Note: ERA is using a melded rate of $100 per hour for all of its professional consultant and support staff. Ten percent is added in each task to cover direct costs of document production, local travel, communications, and employee reimbursables. ECONOMICS RESEARCH ASSOCIATES SELECTED ASSIGNMENTS I Iy�C�C CENATED TO TER HE DIAMOND BAR COMM FISCAL ANALYSES TASK City of Redondo Beach, 1991 Feasibility/viability of improvements at Aviation Park. Gym renovation, auditorium/performing arts center upgrades, swimming pool replacement, etc. Gym and performing arts components are now complete. City of Ventura, 1996 Feasibility of four components of proposed Centerplex Project. Competition pool, Auto Row expansion, minor league baseball stadium, golf driving range. Auto Row expansion now under development. Cityof Mission Vieio,1995 Feasibility of conversion of multiple community recreation centers and swimming pools from city operations to services contractor operations. The city carried out the conversion. City of Thousand Oaks, 1986 Feasibility of the proposed cultural arts center. The city dedicated thecombined City Hall and Performing Arts Facility in 1994 — after many programming nee changes. City Formation Analyses Included cost projections for capital projects and annual operations costs estimates. • Proposed Marina del Rey incorporation • Proposed Goleta incorporation • Proposed Montecito incorporation County Formation Analyses Included similar cost projections • Ponderosa County (Fresno) Canyon County (Los Angeles) • Peninsula County (Los Angeles) City of Fillmore, 1990-1998 • Multiple assignments concerning fiscal analyses of civic and private projects. • Market and fiscal forecasts for 13 -acre railroad property which now includes the new City Hall, historic structures, and retail activities. Orcutt Aquacenter,1999 Costs and revenues projections of the proposed Orcutt Aquacenter adjacent to Santa Maria. City of West Hollywood • Proposed Municipal Gallery costs and revenues evaluation, 1995. • City facilities costs ranges (in the initial General Plan —1985). • Functions and funds transfer strategy (from Marketing Corporation to Convention and Visitors Bureau). City of La Mesa, 1989 Combined city offices and private offices viability. ECONOMICS RESEARCH ASSOCIATES DAVID A. WILCOX, AICD, Senior Vice President Qualifications in Fiscal Impacts and Community Development Economics Mr. Wilcox has a concentrated background in the planning, programming, and management of community development, rehabilitation, and reinvestment projects for both public and private groups. He has implemented a variety of assignments in the areas of economic development program design, project fiscal and economic impact analysis, and economic recovery strategies. Highly targeted recent projects have included: • Fiscal impact analyses of General Plans for the cities of Santa Clarita, Palmdale, Huntington Beach, Westlake Village, Santa Ana, West Hollywood and Bakersfield. • Large development project fiscal impact analyses for the cities of Anaheim, Montebello, Camarillo, Orange and Ventura. • Fiscal impact analyses for alternative locations of a major aerospace project, and of a very large trade and professional magazine publisher. • Redevelopment project fiscal analyses for the cities of Fontana, Bakersfield, Buena Park, Palmdale and Lancaster. • Competitive position analyses of cities seeking tourist and visitor business, based upon the different tax and revenue levies by the competing cities. • Fiscal and economic impacts of military base realignments and closures (U.S. Navy Public/Private Venture Program projects; George Air Force Base Reuse Strategy; 1983 and 1988 Albuquerque International Balloon Fiesta; Tustin Marine Corps Air Station Specific Plan). • Large event economic and fiscal impacts (1984 Olympics, 1983 and 1992 Tournament of Roses, 1991 U.S. Olympic Festival; World Cup '94). Much of the work involves the definition of fiscal and community development techniques which respond to anticipated change or enable the mitigation of large-scale programs or trends. Before his assignments with ERA, Mr. Wilcox was Deputy Administrator for Project Operations with the Community Redevelopment Agency of the City of Los Angeles, where he planned and implemented nine redevelopment and rehabilitation projects. In addition, Mr. Wilcox worked at the U.S. Office of Management and Budget in Washington, D.C., as a regional planner and management analyst. His responsibilities included the preparation of management studies, agency reorganization plans, and analyses of federal regional planning coordination and grant programs. Mr. Wilcox is an Adjunct Professor at the University of Southern California School of Urban and Regional Planning where he teaches the graduate community redevelopment planning courses. From 1962 to 1964, he served as a Peace Corps volunteer at the University of Ife in Ibadan, Nigeria, where he lectured in government and history. Mr. Wilcox received a B.A. in political science and an M.A. in history from the University of Michigan. He also holds a Master of Regional Planning degree from the Harvard Graduate School of Design, where he was the recipient of Lasker Fellowships. He is a member of NAHRO, CALED, CRAA, APA, and AICP and serves on the Board of Directors of the National Council for Urban Economic Development. Mr. Wilcox is a shareholder in the firm. ECONOMICS RESEARCH ASSOCIATES ANNE W. V* MTS, Associate Based in ERA's Los Angeles office, Ms. Wurts has participated in a broad range of entertainment, recreation and real estate -related projects. In the field of feasibility studies concerning recreational developments, Ms. Wurts has completed studies on recreational facilities for private developers in California. Earlier this year, Ms. Wurts conducted a feasibility study in Santa Maria, California. The study involved analyzing the respective competition in the region, estimating the prospective demand for the facility, and generating financial projections over a five-year period. The project involved an extensive operational costs and revenue forecast utilizing different scenarios. Ms. Wurts has also participated in a viability and market research study for a Canadian developer for a proposed six -ice rink facility in Southern California. The study involved an analysis of ice hockey and figure skating trends in the region, projections of estimated demand, an analysis of existing facilities and case studies of other successful ice rinks throughout the U.S. In addition to her work on recreational facilities, Ms. Wurts has participated in a variety of real estate -related projects. She formed part of a research team for a proposed $1 billion hotel/casino project in Las Vegas, analyzing the local supply, demand and trends regarding the development of a retail shopping center within the facility. Also, in the City of West Hollywood she performed a market study of available rents and projected future cash flows for a commercial real estate venture. Other projects include a market feasibility analysis for a proposed $250 million high-rise condominium project along the Wilshire Corridor in West Los Angeles. Ms. Wurts has also completed numerous feasibility studies concerning the development of film studio soundstages. Her experience includes projects in Canada, Massachusetts, California and Arizona. These studies involved research contact with state and local film commissions, film production facilities, as well as the investigation of both global and domestic production trends. Additionally, last Spring she oversaw a feasibility study for a proposed national arthouse cinema development in Palm Desert, California. Prior to joining ERA, Ms. Wurts worked for three years in the legal department of Warner Bros. International Theatres, a division involved in building state-of-the-art multiplexes in foreign territories, where she analyzed proposed theater sites, as well as tracking costs involved. During her three years at Warner Bros., Ms. Wurts gained a broad understanding of both domestic and international trends associated with multiplex development. Prior to her work with Warner Bros., Ms. Wurts worked for over four years in the International Division of Jon Douglas Company, an L.A.-based real estate firm, where she assisted the Executive Director of the division in marketing of residential and commercial properties to foreign investors. Ms. Wurts holds a Masters degree in International Management from the American Graduate School (Thunderbird) in Phoenix, Arizona. She also holds a Bachelor's degree from Pomona College. ECONOMICS RESEARCH ASSOCIATES SEVADA I. HEMELIANS, Associate Qualifications in Economic Development and Planning Based in ERA's Los Angeles office, Mr. Hemelians has participated in public sector, entertainment/recreation and real estate -oriented analyses and feasibility studies. Mr. Hemelians has assisted with the efforts to form two business improvement districts (BIDS) for the communities of Encino and Sherman Oaks. This has involved the identification of potential areas along Ventura Boulevard for the formation of BIDS, as well as the analysis of the interest of the merchants and property owners. Mr. Hemelians has also conducted an analysis of a potential entertainment/recreation center in Downtown Sacramento. This project included the application of Geographic Information Systems and other information technologies needed for market analysis in Sacramento County. A transportation -oriented district planning project for the City of Los Angeles has focused upon the identification of key business activity characteristics at three future station sites. In the field of real estate market analysis, Mr. Hemelians has conducted research and analysis of rental real estate properties in Albuquerque, New Mexico, and Salt Lake City, Utah. This project required identification of general economic trends in the states of New Mexico and Utah. Before joining ERA, Mr. Hemelians worked with the City Manager's Office of the City of Glendale, California. His analysis of post -closure maintenance costs for the City's landfill was critical for the adoption of fiscal policy regarding the landfill. He also created a training manual for local City Commissioners. Mr. Hemelians previously worked at the Los Angeles County Metropolitan Transportation Authority (LACMTA), Countywide Planning and Administration, Modeling and GIS section. At the MTA, Mr. Hemelians used GIS and other information technologies in the determination of ridership for the 2020 Long -Range Transportation Plan, as well as the 1997 Call for Projects. While attending USC, Mr. Hemelians has worked with the USC School of Urban Planning and Development Center for Economic Development, where he has utilized GIS technology to assist with the analysis of the Adams Square Neighborhood Revitalization Plan for the City of Glendale. He has also conducted research for the California Building Industry Association (CBIA) concerning construction defect litigation of stacked and attached townhouse and condominiums in California. Mr. Hemelians holds a B.S. degree in Business Administration and a dual Master's Degree in Urban Planning and Public Administration from the University of Southern California. ECONOMICS RESEARCH ASSOCIATES AMITABH BARTHAKUR, Associate Qualifications in Economic Development Planning Based in ERA's Los Angeles office, Mr. Barthakur has participated in numerous public sector analyses and feasibility studies. He is currently working with the City of Tucson, Arizona, to evaluate the market potential of redeveloping a portion of the city's downtown. The study involves an evaluation of the potential for development opportunities and synthesis of a potential development program for the study area. This is based on sound economic projections and a series of public input workshops. Besides the use of real estate demand models, this project has also included considerable GIS input. He has also worked with the City of Torrance, California, to prepare an update of the city's economic futures forecast. The project involved the preparation of a focused report outlining the principal issues, which will affect the future development of the city over the next ten to fifteen years. Mr. Barthakur has assisted in an effort to prepare the economic development element of the general plan for the city of Mission Viejo, California. In this effort, he has concentrated especially in determining the potential growth of retail trade in the city by examining historic patterns and emerging trends. He has assisted ERA's senior consultant team in evaluating the potential reuse of a Naval Air Base in Adak, Alaska. In this effort he specifically examined the potential use of the facility for fish processing related industries. He has also assisted in a study conducted for the City of Los Angeles, evaluating the economic impact of the Metro Redline along the Vermont -Hollywood corridor. In addition, he has worked with the City of Fillmore, California, to prepare a fiscal impact analyses of potential future annexation of two proposed sphere of influence additions. The analysis involved the study of the city's current budget allocations, and estimation of the probable impact to the city's operating budget from the potential future annexation. Prior to joining ERA, Mr. Barthakur worked as a Program Coordinator at the Institute for Planning and Development Practitioners, which is a part of the School of Policy, Planning and Development at the University of Southern California. While at USC, Mr. Barthakur also worked as a research assistant with the Community Development and Design Forum. Mr. Barthakur previously worked as an architect with the firm Architecture Alliance in New Delhi, India. During this time he assisted in design development and site supervision for a hundred unit high—density public housing project, a children's retreat and a residential project. Mr. Barthakur also worked as an independent design consultant for design and implementation of office interior projects Mr. Barthakur holds a Master's Degree in Urban Planning from USC. He also holds a Master's Degree in Building Science from the School of Architecture at USC and Bachelor's Degree in Architecture from the School of Planning and Architecture, New Delhi, India. 1 J•1 1 .)P\ Y Y 7120/99 DRAFT EXAMPLE NEW VISITOR CENTER COST ESTIMATES A. CAPITAL / DEVELOPMENT COST ACQUISITION • Property acquisition • Property acquisition process costs (dosing, etc.) * Survey of title • Removal of liens, C.C. & R's, etc. INSPECTION / DISCOVERY • Structural & mechanical systems survey and recommendations • Historical and preservation requirements and recommendations • Code compliance / zoning / allowable occupancies (ADA, fire, etc.) • Demolition / site preparation recommendations • Mansion stabilization, rehab, renovations recommendations • Schemetics for property and building uses • Estimates of furniture, fixtures and equipment (including new computer reservations system) • Overall consolidated cost estimates CONSTRUCTION • Demolition and site preparation • Parking and landscaping • Building stabilization • Building improvements • F.F. & E. • Total construction SOFT COSTS • Architecture & Engineering • Construction management • Permits and fees • Construction loan interest permanent Financing (Net Debt to CVB) • Loan assumptions • Annual amortization • Other sources / contributions (list assumptions) ERA / LA I DAW 7120/99 DRAFT B. OPERATIONAL COSTS OPERATIONS START UP COSTS * Operations functions design for services delivery • Systems 1 programs definitions * Staff recruitment and training * Phased relocation and start up. * New film / video requirements * Location signage, brochures, packets, postage, phone systems OPERATIONS PROFILE / SERVICES * Hours of operations and staffing profile * Expected partner participation commitments (cost sharing) * Visitor Center sales targets or sales / reservations "credits" for sales connections / routing) • room nights sales • attractions and events tickets • group sales * Presentation of film / video * Special events / facility rentals intentions OPERATIONS COSTS ESTIMATES (ANNUAL) * Staff salaries / wages and benefits (where applicable) * Visitor Center utilities * Visitor Center equipment rent / lease * Telephone and computer links services * Property / facilities maintenance and janitorial * Video presentations film and equipment maintenance / replacement * Supplies Economics Research Associates ECONOMICS RESEARCH ASSOCIATES 1999 Economics Research Associates (ERA) was founded in Los Angeles in 1958. Since 1981, the firm has been owned as a California Corporation by its principal consultants. Headquarters are in Los Angeles, California, with offices in Chicago, San Francisco, San Diego, London, and Washington, DC.. There are 85 members of the staff, professional consultant tenure with the firm averages nine years. Since 1987 the firm has been affiliated with Drivers Jonas of Britain and Canada, who bring additional skills in the areas of property valuation and property management operations. In domestic and international projects, ERA has completed more than 13,000 research and consulting assignments for both public and private clients. Fusing talents of a multidisciplined staff, the firm's experience has concentrated in five interrelated fields: (1) economic development and planning; (2) real estate and land use; (3) recreation, tourism, and leisure time; (4) transportation systems; and (5) management and marketing services. In urban and regional economics, ERA has conducted major studies for public and private clients in many major metropolitan areas. These have included economic base studies, urban redevelopment feasibility assessments, long- range master plans, and analysis of interactions of urban transport with metropolitan development. The firm is frequently called upon to assess fiscal impacts of development policies and projects and to recommend revenue diversification programs. ERA often performs negotiating services and analyses for public clients seeking private ventures. The firm has been involved in all four rounds of contemporary military base reuse planning and community economic diversification since 1988. Real estate and land use studies constitute a primary area of ERA project experience. ERA has studied the marketability, feasibility, and appropriate project densities for all types of real estate uses. A specialization of the firm involves adaptive use and commercial property revitalization. ERA also conducts project valuation analyses, portfolio reviews, and prepares independent review valuations during sales transactions. Specialties of the firm, in addition to the full range of urban real estate product types, include destination resorts and hotels, high-technology parks, and university -related land uses. ERA's work in the field of recreation, tourism, and leisure time incorporates experience in formulating tourist development plans for major geographic regions and subregions, evaluation of specific public and commercial recreational facilities, and analysis of special mass attraction events. Long known for its work with major thenre parks in the United States, and now internationally as well, ERA has also led in the definition of responsible revenue generation and cost coverage programs for public park systems. The firm is presently a leading authority on the development and programming of urban entertainment centers. ERA's consultation in transportation planning and economics spans urban, intercity, and international transport problems, in both cargo and passenger transport. The firm's research involves infrastructure planning (airports, ports, highways, railways, and mass transit systems) as well as transport operations analysis; the emphasis is with economic activity forecasting and financial planning. Related assignments include transit agency property development potentials and private venture partnerships. The firm also defines market prospects for joint development and for revitalization of transit -oriented districts. In management and marketing consultation, ERA has provided both public and private clients with guidance in program design, organization, public finance, governmental relations, management information systems, long-term planning, marketing, and acquisition programs. A growing number of projects involve city and agency marketing strategies. ERA has established one of the forest research libraries in the country during its 40 -year history. This library contains 150 active periodical subscriptions, more than 2,000 books, data series, and focused geographic files. All ERA offices are networked and electronically convey data and documents between offices as well as with clients. The consulting staff profile of the firm emphasizes both breadth and specialization. During 1999, the staff includes: • 19 Economists • 13 Financial Analysts • 13 Real Estate Analysts • 10 Urban and Regional Planners The firm is unique in its distribution of responsibility and ownership. Twenty-three of the senior professionals, in all offices of the firm, are shareholders. 10990 Welsh re Bouievarci Suite 1600 Los Ange'en. CA 9CO24 310 477 9SBt, 1 4,X 47� go0 1' � .✓vv Vv,f 3, ` „" ERA is affiliated with Drill- JonaS Los Angeles San Fr-isco San Diego Chicago Washington DC London Request For Proposal The City of Diamond Bar is seeking a qualified consultant to conduct a fiscal analysis of four (4) potential sites for the proposed CommunitylCivic Center project. Background A community task force that was appointed by the City Council, has reviewed the potential for developing a Community/Civic Center complex in the City of Diamond Bar. After an extensive research and review process, the Task Force completed a final report and presented it to the City Council on June 29,1999. Included in a series of recommendations is the need to fully evaluate the fiscal implications of four (4) proposed site alternatives for the Community/Civic Center complex. (See Appendix A and C for site alternative details). Scope of Work The City is seeking the services of a qualified consultant to conduct a fiscal analysis of four (4) potential sites for the proposed Community/Civic Center complex. At a minimum, the following key tasks should be included in the applicant's proposal: Completion of site analysis, including: a. Acquisition costs b. Development costs c. Loss of Income (current & future) d. Payment/funding sources e. Financing/bond options & costs f. Estimated maintenance & operations costs 2. While performing the site analysis tasks, consider that there are potentially seven combinations of programs on the four sites: City of Diamond Bar Page 1 Request For Proposals - Fiscal Analysis for Comm/Civic Ctr Project a. Entire Program on Hospital Pad b. Civic Program on Hospital Pad with Commercial Uses (requires coupling with f or g) c. Civic Program on Kaiser Pad (requires coupling with f or g) d. Civic Program on Portion of Golf Course (requires coupling with f) e. Entire program on Summitridge Park site f. Sports Complex on Summitridge Park (couple with b; c, or d) g. Sports Complex on portion of Golf Course (couple with b or c) 3. Compilation of materials into written report format. 4. Oral presentation of report to the City Council Submittal of Proposals ♦ Cover letter including name, address and telephone number for the firm, background information and the name of the contact person. ♦ Scope of Services ♦ Proposal Fee, itemized by task ♦ Proposed hourly billing for each project team member that would be assigned and any expected additional expenditures. ♦ At least three references for similar work ♦ Timeline for completion of project ♦ Statement of confirmation that the attached agreement form has been reviewed by the firm and that is acceptable, as presented. Submittal Deadline Interested firms must submit four (4) copies of the proposal to: Bob Rose Director of Community Services City of Diamond Bar 21660 E. Copley Drive, ste 100 Diamond Bar, CA 91765 Proposals are due by Friday, July 23, 1999 at 5:00 p.m. City of Diamond Bar Page 2 Request For Proposals - Fiscal Analysis for Comm/Civic Ctr Project Questions regarding this R.F.P. should be directed to Bob Rose, Director of Community Services at 909/396-5694. Attachments: Alternative Sites (Appendix A) Professional Services Agreement (Appendix B) Proposed Site Plans (Appendix C) City of Diamond Bar Page 3 Request For Proposals - Fiscal Analysis for Comm/Civic Ctr Project REPORT Alternative Sites DIAMOND BAR COMMUNITYICIVIC CENTER TASK FORCE With respect to recommendations regarding sites for the proposed facilities, the Task Force started on April 24, 1999 by identifying 18 sites potentially existing in the City which possibly could accommodate the proposed project. A number of these sites were eliminated from consideration as not being of adequate size (less than 5 acres) or too costly (such as sites that would require the demolition of significant income producing buildings). On April 14th and May 12th, 1999, the Task Force further refined the potential sites. In addition, some task force members made informal site visits on Saturday, May 8, 1999. The number of sites was initially reduced to four and then, with the elimination of potentially using a portion of the golf course site, to three (see Map 1). The Task Force is recommending that the City Council consider the following three sites as potential for the development of the project: A. For the development of the Basic Program (Community/Senior Center, Library, City Hall and Performing Arts Center) Hospital site — This vacant, almost 27 acre site, contains approximately 15 developable acres and is privately owned. Further investigations are needed with respect to the extension of infrastructure to the site, the cost of providing secondary access, the potential for spinning off surplus portions of the site and thereby generating offsetting income, etc. This site was also felt to be the only site capable under consideration of accommodating all the facilities considered by the Task Force. 2. The Kaiser Site — This 6+ acre, privately owned site within Gateway Center is considered a "turnkey" opportunity since the private sector has already graded the site and provided infrastructure improvements. This site would be sufficient to accommodate the core program. However, in order to provide for all four uses, either partial subterranean parking or structured parking would be required for the final phase. DIAMOND BAR COMMUNITY/CIVIC CENTER QGanRT B. For the Sports Complex portion of the program TASK FORCE Summit Ridge Park — Utilization of a 6 to 7 acre portion of Summit Ridge Park with a redesigned access road would be sufficient to accommodate the program. Grading and the extension of utilities must be further considered when evaluating this location. If none of these three sites are available, or if additional land is needed to accommodate the program (once all other issues are resolved) the Task Force's fourth choice site should be considered. The Golf Course Site — A 5 to 6 acre portion of the County -owned Diamond Bar Golf Course, adjacent to the intersection of Golden Springs and Grand Avenue (currently their parking lot and club house building). The use of this site would involve a cooperative agreement with the County and the reconstruction of their facilities or an accommodation with the building program to provide replacement facilities. The site drawings illustrating a potential program arrangement on each of the sites is contained at the end of this report. Prior to reaching a conclusion on the best site, the Task Force recommends to the City Council that all of the identified sites be further studied with respect to: a. Accommodating the development program and related parking on the sites (necessitating site specific preliminary, design development based on an appropriate site survey including topography); b. Providing an analysis of the environmental concerns regarding the use of the sites (California Environmental Quality Act analysis) including, but not limited to issues such as grading (land form modification), soils and geology, traffic, aesthetics, etc.; and C., Completing a fiscal analysis for each of the recommended sites which would include appraisals, acquisition and development costs, funding mechanisms and their costs (as applicable to both site preparation and purchase and construction) and revenue generation. COMMUNITY / CIVIC CENTER TASK FORCE REPORT MAP 1 A GATEWAY CENTER f{fAmCG e1Tti B PORTION of DIAMOND USE BAR GOLF COURSE USE PARKING LOT & LOCATION ADJACENT SIZE 5 TO 5 ACRES LOCATION GOLDEN SPRINGS & GRAND AVE. OWNERSHIP L. A. COUNTY C FLAT PAD EAST.OF CALVARY CHURCH USE VACANT SIZE 15+ ACRES USABLE LOCATION GRAND AVENUE EAST OF GOLDEN SPRINGS OWNERSHIP PRIVATE SIZE 6t ACRES LOCATION GRAND AVENUE W. of SUMMIT RIDGE OWNERSHIP CITY of DIAMOND BAR THE ROTH GROUP DIAMOND BAR COMMUNITY/CIVIC CENTER REPORT TASK FORCE Table 1 COMMUNITY/ SENIOR CENTER WORKSHEET COMMUNITY CENTER WITH DEDICATED PROPOSED (AND EXPANDABLE) SENIOR CENTER SQUARE FOOTAGE Large Banquet Room with Stage and Dance Floor 9,500 Adequate to Accommodate: 800 Assembly 500 Dining Divisible into 6 Separate Rooms of Varying Sizes Access to Outdoor Patio Full-service Lobby and Reception Area Storage for Chairs & Tables Commercial Kitchen Crafts Room with Storage Lockers 500 Coffee/Juice/Snack Vending Area 100 Front Desk & Manager's Office 400 Dedicated Senior Center (in addition to joint use of other 2,800 spaces): Office................................ 150 Computer Room .......................... 400 Storage............................... 400 Conference/Meeting Room ............... 1,750 Coat Room ................. .............. 100 Youth Center (Drop In) 1,500 Activity Room (divisible into 2 spaces) ...... 1,100 Computer/Homework Room ................ 400 Child Care (Day-care and/or After School) 1,200 SUBTOTAL 16,000 Allowance for Halls, Entry, Restrooms, etc. (15±%) 2,400 TOTAL 18,400 DIAMOND BAR COMMUNITYICIVIC CENTER REPORT TASK FORCE Table 2 LIBRARY WORKSHEET LIBRARY INCLUDING, BUT NOT LIMITED TO: OP SQUA O ED "Stacks" including Reference and Scattered Seating 7,000 New Book Display Area 300 Friends Bookstore w/Storage Area 700 Computer Room (two w/10 Terminals each) 800 Staff Lounge and Offices 500 Meeting Room (divisible) 600 Meeting Room for 100 w/Small Stage 2,500 "Fireplace" Lounge 500 Check-out/Registration Area/Lobby 1,000 Donor Acknowledgment Section (wall) 0 Cultural/Historical Display Area (changeable) with Storage 500 Children's Area w/Story-telling "Pit" 1,200 Secure Outdoor "Reading" Garden (Interior Entrance) 100 Study Carrels 15 sq. ft. X 30 (x two sets) 900 Work Room 1,000 Storage 500 Mini -art Gallery (incorporate in existing space) 0 Rotating Display 100 Microfilm in Reference Area 0 SUBTOTAL 18,200 Allowance for Halls, Entry Restrooms etc. (15t%) 2,730 TOTAL 20,930 DIAMOND BAR COMMUNITYICIVIC CENTER REPORT TASK FORCE Table 3 SPORTS COMPLEX WORKSHEET Swimming Pool (50 Meter) 9,300 Allowance for Hall, Storage, Restroom (15%) 1,395 TOTAL Phase 1 B 10,695 TOTAL Phases 1 A & 1 B 20,470 CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of municipal corporation ("City") and RECITALS ._Appendix B and between the City of Diamond Bar, a , ("Consultant"). 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", the City's Request for Proposals dated_, 1999. B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "B", the Consultant's Response, dated 1999 to the City's Request for Proposals. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "B." 2. Term of Agreement. This Contract shall take effect , and shall continue until , unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "B." 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 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses. City: City of Diamond Bar Consultant: Terrence L. Belanger, City Manager 21660 East Copley Drive, Suite 100 Diamond Bar, California 91765-4177 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 City of Diamond Bar Consulting Services Agreement the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Consultant shall perform all work to the highest professional standards and in a manner reasonably satisfactory to the City Manager or the City Manager's designee. 8. Indemnification. Consultant is skilled in the professional calling necessary to perform the services and duties agreed to be performed under this Agreement, and City is relying upon the skill and knowledge of Consultant to perform those services and duties. To the fullest extent permitted by law, Consultant hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Diamond Bar and its elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Consultant or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to this Agreement or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Consultant shall pay Indemnitees for any attorneys fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a) or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is City of Diamond Bar Consulting Services Agreement subject to Civil Code § 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 claims, losses and liabilities arising out of or incident to activities or operations performed'by or on behalf of the Consultant regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. In the event there is more than one person or entity named in the Agreement as a Consultant, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and ommissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence; and (5) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, automotive liability, and worker's compensation coverages. The policy (ies) as to comprehensive general liability, property damage, and automobile liability, shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. Consultant agrees that if it does not keep the insurance in full force and effect, and such insurance is available at a reasonable cost, City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Consultant and the cost of such insurance may be deducted, at the option of City, from payments due Consultant. C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement". City of Diamond Bar Consulting Services Agreement 10. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise; to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 13. Termination. City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 15. Financial Condition. Prior to entering into this Agreement, Consultant has submitted documentation acceptable to the City Manager, establishing that it is financially solvent, such that it can reasonably be expected to perform the services required by this Agreement. Within thirty (30) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement, Consultant shall submit such financial information as may be appropriate to establish to the satisfaction of the City Manager that Consultant is in at least as sound a financial City of Diamond Bar Consulting Services Agreement 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, physicalor 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 Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shal I be void and of no effect. 18. Performance Evaluation. For any contract in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 19. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 20. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. City of Diamond Bar Consulting Services Agreement 21. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 22. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postageprepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 23. Governing law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 24. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 25. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 26. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. written above. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first "CITY" ATTEST: CITY OF DIAMOND BAR 31 City Clerk Approved as to form: By: City Attorney By: Mayor "CONSULTANT" By: Its: 6 City of Diamond Bar Consulting Services Agreement G,and \venue �NMMM•M••M•= i Ap 6XI X Appendix C Eli w �1 44 a z z= �r - = C s u10 u m .1 v � c� a oc There is no Preliminary Schematic Plan for the Golf Course site CITY OF DIAMOND BAR AGENDA REPORT AGENDA N0. (o-7 TO: Terrence L. Belanger, City Manager MEETING DATE: August 3, 1999 REPORT DATE: July 26, 1999 FROM: Bob Rose, Community Services Director TITLE: Award of Contract for the Design of Ballfield Lights at Pantera Park SUMMARY: The City Council has appropriated $20,000 in the 199912000 Fiscal Year Budget for the design of ballfield lights at Pantera Park. Staff released a Request For Proposals (R.F.P.) and received three proposals. Only one of the proposals was deemed by staff to be responsive. The other two firms that submitted proposals could not meet the insurance requirements stated in the R.F.P. After thorough review of the responsive proposal, staff recommends that the contract be awarded to Hirsch and Associates. RECOMMENDED ACTION: It is recommended that the City Council award the contract for the design of the ballfield lights at Pantera Park to Hirsch and Associates, in the amount of $18,890, plus a contingency of $500 for a total not to exceed amount of $19,390. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification _ Resolution(s) _ Bid Specifications (on file in City Clerk's office) Ordinance(s) X Other: Request for Proposals X Agreement(s) Proposal Submitted by Hirsch and Associates 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? X Yes _ No 4. Has the report been reviewed by a Commission? X Yes _ No What Commission? Parks & Recreation Commission 5. Are other departments affected by the report? X Yes _ No Report discussed with the following affected departments: Public Works REVIEWED BY: 14� - rence L. Belange City Manager James DeStefano Deputy City Manager l Bob Rose Community Services Director CITY COUNCIL REPORT MEETING DATE: August 3, 1999 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Award of Contract for the Design of Ballfield Lights at Pantera Park Issue Statement This contract will result in neighborhood meetings at Pantera Park and documents for the installation of ballfield lights for Pantera Park. City Council approval is required for contracts in excess of $15,000. Recommendation It is recommended that the City Council award the contract for the design of the ballfield lights at Pantera Park to Hirsch and Associates, in the amount of $18,890, plus a contingency of $500 for a total not to exceed amount of $19,390. Financial Summary The City Council has appropriated $20,000 in the 1999/2000 Fiscal Year budget for the design of the ballfield lights at Pantera Park. The source of funds is from the Park Development Funds. Background The City Council has appropriated $20,000 in the 1999/2000 Fiscal Year budget to design the plans and specifications for the installation of ballfield lights at Pantera Park. A Request For Proposals (R.F.P.) has been released and three proposals were received in response. Two of the firms that submitted proposals could not meet the insurance requirements and have been deemed non-responsive. The other proposal, submitted by Hirsch and Associates, meets all of the requirements of the R.F.P., which includes insurance requirements. The proposed fee is for $18,890. Discussion Pantera Park has two ballfields that are used by a variety of youth sports organizations and adult users. The fields are currently used American Youth Soccer Organization (A.Y.S.O.), Pop Warner Football, Little League Baseball, Girls Softball and City Adult Softball leagues. These organizations represent over 4,000 participants that play on the Pantera Park fields. The installation of lights at this facility will allow youth sports organizations to double the amount of gamelpractice time they have available during the period when daylight savings time is not in effect, roughly October through April or about 7 months. The Conditional Use Permit (C,U.P.) for Pantera Park allows for the installation of ballfield lights. Although public notice is not legally required, the City will conduct neighborhood informational meetings at Pantera Park during the design phase of this project. Future Plans As discussed at the City Council budget study session in June, the design for lights at Pantera Park is budgeted for the fiscal year (99/00). The actual installation is not planned to be completed until next fiscal year (00/01). This time line was discussed with the Parks and Recreation Commission at their July 22,1999 meeting, as were all the park C.I.P. projects for the current fiscal year. During that discussion, staff presented the idea of installing the ballfield lights at Pantera Park during the current fiscal year and delaying the drainage improvements at Peterson Parts until next year (however, the drainage improvements in the Tot Lot at Peterson Park would be completed this fiscal year). The rationale for this change is as follows: To complete the drainage improvements at Peterson Park, the ballfields will have to be closed. Peterson Park is currently the only park with two lighted ballfields in Diamond Bar. To close this park before replacement facilities are available would be a hardship for the youth sports organizations. If we wait until the ballfield lights are installed at Pantera Park before closing Peterson Park, there would be less of a negative impact on the youth sports organizations. The Commission concurred with this line of thinking, This concept will be presented to the City Council at a future meeting for consideration. Prepared by: Bob Rose, Community Services Director FROM : HIRSCH+ASSOCI.A`ES NCOF?PnRATED PHONE NO. : -u... - _ CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of At gust 3.1999 and between the City of Diamond Bar, a municipal corporation ("City") and Hirsch and Associates, (`Consultant"), RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City, as set forth in Exhibit "A", the City's Request for Proposals datpdlanuaW-22, 1999. 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: Consunant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described In Exhibit 'B", the Consultant's Response, dated January 29, 1999 to the City's Request for Proposals for the preparation of plans, specifications and cost estimates for the design and construction of ballfield lights at Pantera Park, including support for the project during the construction phase. B. Level of Services/Time of Performance, The level of and time of the specific services to be performed by Consultant ore as set forth in Exhibit "B " 2. Term of Agreement. This Contract shall take effect Auguu:d 3. 1999, and shall continue until June 30, 2001, unless earlier terminated pursuant to the provisions herein, 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "B." 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 in the amount of Eighteen Thousand, Eiaht Hundred and Ninety dollars (S 18.890). plus o Nineteen Thousand. Three Hundred and Ninety dollars. (S19,390). 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the FROM : HIRSCH+ASSOCIATES INCORPORATED PHONE NO. : 71444 iLia -u,.• = --- - provisions of this Agreement shall Control. S. Addresses. City: City of Diamond Bar Consultant: Associates Terrence L. Belanger, City Manager 21660 East Copley Drive, Suite 100 Winston Road, Suite A Diamond Bar, Colifornia 91766-4177 Hirsch & Pat Hirsch 2221 E. Anaheim, CA 92806 6. status as Independent Consuianl. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to Indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Consultant shall perform all work to the highest professional standards and in a manner reasonably satisfactory to the City Manager or the City Manager's designee. 8. indemnification. Consultant is skilled in the professional calling FROM : HIRSCH+ASSOCIATES INCORPORATED PHONE NO. : 7144471849 Jul. 27 1999 01:15PM P4 necessary to perform the services and duties agreed to be performed under this Agreement, and City is relying upon the skill and knowledge of Consultant to perform those services and duties. To the fullest extent permitted by law, Consultant hereby agrees, at its sole cost and expense, to defend, protect, Indemnify, and hold harmless the City of Diamond Bar and its elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively Aindemnaeas@) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings. expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Consultant or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of; In connection with, resulting from, or related to this Agreement or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Consultant shall pay Indemnitees for any attorneys fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement Is subject to Civil Code , 2782(a) or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code , 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Consultant, on behalf of itself and all parties claiming under or through It, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Consultant regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. In the event there is more than one person or entity named In the Agreement as a Consultant, then all obligations, liabilities. covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. Consultant shall at all times during the term of this PHONE NO. . 714441_,349 Ju!. 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; (d) professional liability insurance (errors and ommissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in on amount of not less than $1,001,000 per occurrence; and (5) worker's compensation insurance with a minimum limit of S500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, automotive liability. and worker's compensation coverages. The policy (ies) as to comprehensive general liability, property damage, and automobile liability, shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional Insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the Insurance coverage. B. Consultant agrees that if it does not keep the insurance in full force and effect, and such insurance is available at a reasonable cost, City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Consultant and the cost of such insurance may be deducted, at the option of City, from payments due Consultant.. C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement". 10. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if FROM : HIRSCH+ASSOCIATES INCORPORATED PHONE NO. . disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 11 ownership of Materials. All materials provided by Consultantithout performance of this Agreement shall be and remain the property of Cityrestriction or limitaf" upon its use or dissemination by City. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would Conflict In any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such Interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of Phis 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 dote is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14, Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of Its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 15. financial Condition. Prior to entering into this Agreement, Consultant has submitted documentation acceptable to the City Manager, establishing that it is financially solvent, such that it can reasonably be expected FROM : HIRSCH+ASSOCIATES INCORPORATED PHONE NO. : 71444 :._1,. 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 shoil 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 emoshall transfers, include but not be limited to the following: employment, upgrading, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 17. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. IS. p9dormance 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 Ns Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis -for review, and any comments or complaints received by City during the review period, either orally or In writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. FROM : H I R.SCH+ASSOC I ATES INCORPORATED PHONE NO. : 7144471849 Ju:. c :.J j L�:. • :. - _ 19. Compliance with Lows. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 20. Non -Waiver of terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way Impair or prejudice any right or remedy available to City with regard to such breach or default. 21. Attorney's Fees. in the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 22. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit In the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time. designate in writing pursuant to the provisions of this section. 23. Governing law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 24. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the some instrument. 25. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk, 26. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as FROM : HIR.SCH+ASSOCIATES !NCORFORATED oHUNE NU. : r:.��•�• .. of the date first written above. ATTEST: By: City Clerk Approved as to form: By: City Attorney "CITY„ CITY OF DIAMOND BAR By: Mayor Its: �* 17/a FROM : HIRSCH+ASSOCIATES INCORPORATED PHONE NO. • 7144471849 d1'. '-'- ""' " - - - HirschLandscape Architecture and Planning & Associates Inc. 2221 E. Winston Road, Suite A, Anaheim, CA. 92806 Office (714) 776-4340 Fax (714) 776-4395 www.hha-landarch.com Date: 3-11-99 Pages; 1 To: Mr. Bob Rose Firm: City of Diamond Bar Re: Pantera Park Sports Lighting Per your request I am providing a Scope of Work and Fee goutation for the aboved referenced project. Scope of Work Office support (24 hrs @ $110/hr.) $ 2,640 Project meetings (4 @ $ 250/mt9) $1.000 Subtotal $ 3,640 Total Fees range based upon proposal from Reedcorp with the addition of my fee. $ 15,390 to $ 18,890. Please call should you have any questions. _,o Thank You, — :7 r— Patrick L. Hirsch, President t Landscape Architect #1710, ASLA cc Ron Reed, Reedcorp Engineering REEDCORP ENGINEERING CONSULTING ELECTRICAL ENGINEERS January 18, 1999 Mr. Bob Rose Community Services Director City of Diamond Bar 21660 E. Copley Drive, Suite 100 Diamond Bar, CA 91765 rev kVrED -.. c�^ !�''' � t Vii► 3� 1:0 - R '' ter; 1 ICLS Re: Pantera Park — Sports Lighting Project Dear Bob: We are pleased to submit our proposal for this project. Project Team: a. Reedcorp Engineering, Inc.: 2061 Business Center Drive Suite 110 Irvine, CA 92612 Phone: (949) 752-1278 Fax: (949)752-1287 E -Mail Addresses: R Reed Com? Reed corp.net MReed@Reedcorp.net Ronald W. Reed — Principal: Thirty years of electrical design experience with special qualifications for sports lighting. J.A. Simmonds — P.E., Associates: Over thirty years experience in electrical engineering. Michael R. Reed — Associate: Designer and CAD operator. Ten years experience. b. R.L. Foley — Structural Engineer. Structural engineering fees provided by Musco Lighting. C. 7eo Tech Services. Retained by Reedcorp Engineering, Inc. Experience: Our firm is well known in Southern California for sports lighting and park/recreation sports lighting projects having completed over 500 lighted ballfields and working with Musco Lighting. Enclosed is our Company Park/Recreation Brochure indicating our experience to complete the work. A CALIFORNIA CORPORATION Mr. Bob Rose — City of Diamond Bar Pantera Park — Sports Lighting Project January 18, 1999 A. Scope of Work — Per City RFP Scope of Services Items 1 through 15. (Attached as part of our proposal.) 1. Comply (with two meetings). 2. Comply (exact extent of soils testing unknown such as number of boring tests. Our fee based on 10 borings, one per pole location.) 3. Comply with following clarifications: a. Plans to be completed on Auto Cad 14. b. Indicate all required existing conditions, new wiring, new circuiting, new controls and devices, Musco Lighting System. Coordinate with existing panels. c. Utility search. Review "as -built" plans and have "underground alert" trace out utilities. d. City to provide "boiler plate" bid documents and (City to submit plans to City Building Department). 4. Comply. 5. Comply. 6. Comply. 7. Comply. 8. Comply. 9. Comply. 10. Comply. 11. Comply except two on-site meetings. This type of project does not require a "once per week on site meeting". Majority of work to be completed in approximately first two weeks at start of project and two weeks in final days. In between is waiting for equipment and poles to deliver. We feel only two site meetings required during construction. 12. Comply. 13. Comply. 14. Comply. 15. Comply. B. Meeting summary (and at 4 hours per meeting) the following meetings per RFP: Item 1: Two (our suggestion) Item 4: Three Item 8: One Item 9: One Item 11: Two (our suggestion) Item 12: One Item 14: One Reedcorp Engineering, Inc. Page 2 Mr. Bob Rose - City of Diamond Bar Pantera Park - Sports Lighting Project January 18, 1999 C. Work Not Included 1. Printing costs other than those used for coordination directly with Client. 2. Permits and Plan Check fees, including the Plan Check submittal. 3. Work not outlined in Paragraph A. D. Compensation (Reimbursement for each task in Paragraph A - hourly not to exceed). 1. Fee: $800.00 2. Fee: Range of $500.00 to $3,500.00 (extend of soils testing to be determined). 3. Fee: $5,500.00 4. Fee: $1,200.00 5. Fee: $400.00 6. Fee: $400.00 7. Fee: $300.00 8. Fee: $400.00 9. Fee: $300.00 10. Fee: $200.00 11. Fee: $600.00 12. Fee: $300.00 13. Fee: $250.00 14. Fee: $400.00 15. Fee: $200.00 Total not to exceed Fee: $11,750.00 to $15,250.00 (depending on Item 2 soils testing requirements). Our hourly rates are: a. Principal/Engineer = $110.00 b. Designer = $70.00 c. Drafting I = $60.00 d. Drafting II = $50.00 e. Clerical = $35.00 Reedcorp Engineering, Inc. Page 3 Mr. Bob Rose — City of Diamond Bar Pantera Park — Sports Lighting Project January 18, 1999 Forms and Capabilities As you are aware, our firm was requested to take over the original Pantera Park project electrical engineering and we completed the project including many changes required. We also provided the electrical engineering plans for Peterson Park in Diamond Bar. Enclosed is our company park/recreation brochure indicating our design experience and qualifications. We have completed over 500 ballfield lighting projects. Our firm can meet the City time requirements to complete this project. References: City of Diamond Bar - Mr. Bob Rose 909-396-5690 City of Laguna Niguel - Ms. Nancy Palmer 949-362-4384 City of Riverside - Mr. Andrew Emery 909-715-3470 City of Anaheim - Mr. Carl Heimberger 714-765-4465 City of Walnut - Mr. Don Allen 909-598-5605 Musco Lighting - Mr. Brent Marchetti 714-540-9335 See enclosed brochure for additional references. Schedule: Dates and schedules of City. Council, Planning Commission and workshops are unknown. Also, City review times (including Building Department review have unknown time factors. The geo-tech fieldwork has to be scheduled to City schedule. Our office can complete construction plans within 30 days from "notice to proceed" without above unknown time factors included. With City assistance to expedite schedule it may be possible to have all review times and meetings total 30 days. Construction period to be 60 to 90 days. City Professional Services Agreement — Attachment B of City RFP All terms and conditions are acceptable. Reedcorp Engineering, Inc. Page 4 REQUEST FOR PROPOSALS The City of Diamond Bar is seeking responses from qualified firms to provide professional services for the preparation of plans, specifications and cost estimates for the design and construction of ballfield lights at Pantera Park, including support for the project during the construction phase. GENERAL BACKGROUND Pantera Park is located in Diamond Bar at 738 Pantera Drive. This location is in the middle of a residential neighborhood, with homes contructed on two sides of the park. It is the City's intent to -construct a limited -spill, limited -glare lighting system for the two existing ballfields to accomodate soccer/football and softball/baseball play. A representative of Musco Lighting, Brent Marchetti,has completed a conceptual plan (Exhibit A) for a ten -pole lighting system for the two ballfields. During construction of the park site, which was completed in July, 1998, the conduit for this conceptual plan was installed from the electrical room to the planned pole locations. The primary work being requested in this RFP is for the design and development of construction documents for the ten -pole lighting system as recommended by Musco Lighting. SCOPE OF SERVICES 1. Meet with City staff to finalize the scope of services and set a schedule for completion of the project. The Consultant shall attend periodic meetings with City staff at various stages of the project as needed. Conduct geotechnical investigation, which includes soils anaylsis and borings to determine light pole footing design. 3. When directed by City staff, prepare 1"=20' scale plans and specifications for the construction of ballfield lights which includes completion of the entire bid document package. Include engineer's estimate of cost to construct project. Plans must include engineer's calculations on all ballfield light standards using 80 miles per hour wind City of Diamond Bar 1 RFP - Ballfield Lighting at Pantera Park load, condition C. Conduct a utility search for all utilities within the project limits. Provide the location with the existing utilities, surface and subsurface structures and proposed improvements. If the proposed improvements interfere with existing utilities, the Consultant shall arrange to have potholes taken by the utility company. 4. Plan to attend one City Council meeting, Planning Commission meeting and a neighborhood workshop meeting to support the bid documents during the approval process of the plans and specifications. 5. Prepare and distribute any necessary addendum to the bid documents. Also review submittals during bid process and recommend approval or rejection. 6. Review all submitted bids for completeness and check licenses and references of all contractors bidding to complete work. 7. Provide a written recommendation for the apparent low bidder based on information obtained in the submitted documents, interviews with references, State of California Consumer Affairs and other sources with first hand knowledge regarding the competency of the contractor to successfully complete the work described in the bid documents. 8. Attend the City Council meeting to support the award of the contract to the apparent low bidder. 9. Attend the pre -construction meeting to present information on the construction documents. Pre -construction meeting will include a site visit. 10. Review submittals and change order requests and provide written recommendations on their approval or rejection during the construction phase. Such recommendations shall be completed'in a timely manner so as to avoid or minimize delays and shall not result in any increase in compensation from the City. 11. Provide support of the construction documents by attending a meeting on-site up to once per week during the construction process and by providing telephone support as -needed to City staff, project manager, general contractor, City Inspector and others as needed. 12. Attend final walk through of project and provide written recommendation on the acceptance of the project. 13. Prepare and submit as -built 1"=20' scale drawings on mylar to the City after the completion of project construction. 14. Attend the City Council meeting to support acceptance of the project and the filing of the notice of completion. 15. Complete all reports and submittals required by the City of Diamond Bar related to this City of Diamond Bar 2 RFP - Ballfield Lighting at Pantera Park project. SUBMISSION PROCEDURES The proposal must include the following: ♦ Cover letter including name, address and telephone number for the firm, background information and the name of the contact person. ♦ Names and qualifications for the project team that will be providing the services, including resumes ♦ Scope of Services ♦ Proposed "Not -to -Exceed" Fee (Itemize fee for each task in the Scope of Services) ♦ Proposed hourly billing for each project team member that would be assigned and any expected additional expenditures ♦ Experience of the assigned team members with similar work ♦ Firm's capabilities relative to performing the required work within reasonable time frames ♦ At least three references for similar work. ♦ Schedule of required time line to complete the project. ♦ Attachment B is a copy of the City's Professional Services Agreement. A statement must be made in the proposal that all terms and conditions are acceptable. SUBMITTAL DEADLINE Submit four (4) copies of the proposal to: Bob Rose, Community Services Director City of Diamond Bar 21660 E. Copley Drive, Ste 100 Diamond Bar, CA 91765 Proposals are due by: Friday, January 29, 1999 by 5:00p.m. City of Diamond Bar 3 RFP - Ballfield Lighting at Pantera Park SELECTION CRITERIA City staff will review and evaluate the response to this RFP. They will be considering the following: 1. Responsiveness and comprehensiveness of the proposal with respect to this Request for Proposals (RFP); 2. Related experience and qualifications of the proposed project manager and project team. 3. Availability of project team and their ability to complete this project in a timely manner. 4. Information obtained from references. 5. Reasonableness of the proposed fee. The criteria should not be construed so as to limit other considerations which may become apparent during the review and selection process. The City reserves the right to reject any or all proposals and may elect to make a decision without further discussion or negotiation. This solicitation for proposals is not to be construed as a contract of any kind. The City is not liable for any cost or expenses incurred in the preparation of the proposal. QUESTIONS All questions concerning this RFP should be directed to Bob Rose, Community Services Director at (909) 396-5694. City of Diamond Bar 4 RFP - Ballfield Lighting at Pantera Park _ � 8 CIO k Mt- IL k a■ <0 Md ZM CL() Q oR Ia) mx 20 2�3 4 « m 0 @ .§ U) �� 3w Ez \ $ k k, 2 / R 2 2 2 e# § 0 21. C* kCO ! Co _ ; 9- S20° , m \) §- kƒk e/ - IL 411 &§§ §§ a-0, - ]§ !.§§ /� ■ ■ § a ) 2) -«��«■ zf - §a k k, 2 / R 2 2 � ■ 21. ! Co ; 9- ■ � E §�I I§} !.§§ }§ 52 |g■ ]| ��5 !! ) - §a 0° |- !-�¥ �i »• ��;. � k /,7d �a on k k, 2 / R 2 2 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. (b .tel TO: Honorable Mayor and Members of the City Council MEETING DATE: August 3, 1999 REPORT DATE: July 27, 1999 FROM: Terrence L. Belanger, City Manager TITLE: Resolution 99-xx: "A Resolution of the City Council of the City of Diamond Bar Approving Plans and Specifications for the Golden Springs Drive/Lemon Avenue Street Rehabilitation and Median Improvements Project in Said City and Authorizing and Directing the City Clerk to Advertise to Receive Bids." SUMMARY: The City Council awarded the engineering design services contract to INCA Engineers for the Golden Springs Drive/Lemon Avenue Street Rehabilitation and Median Improvements Project. INCA Engineers coordinated with Caltrans to approve the project permit for those locations within Caltrans jursidiction (Lemon Ave. underpass of the 60 FWY and the Brea Canyon Road off -ramp on Golden Springs Drive). At this time INCA Engineers has completed the plans and specifications for the Golden Springs Drive/Lemon Avenue Street Rehabilitation and Median Improvements Project. RECOMMENDATION: That the City Council approve Resolution 99-xx: "A Resolution of the City Council of the City of Diamond Bar Approving Plans and Specifications for Golden Springs Drive/Lemon Avenue Street Rehabilitation and Median Improvements Project in Said City and Authorizing and Directing the City Clerk to Advertise to Receive Bids." LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification x Resolution(s) x Bid Specification: on file at City Clerk's Ordinances(s) office. Agreement(s) _ Other: SUBMITTAL CHECKLIST: I . 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: )v Terrence L. Bel r James DeStefano avid G. Liu City Manager Deputy City Manager Deputy Director of Public Works CITY COUNCIL REPORT MEETING DATE: August 3, 1999 AGENDA NO. _ TO: Honorable Mayor and Members of the City Council FROM: Terrence L.Belanger, City Manager SUBJECT: Resolution 99-xx: "A Resolution of the City Council of the City of Diamond Bar Approving Plans and Specifications for the Golden Springs Drive/Lemon Avenue Street Rehabilitation and Median Improvements Project in Said City and Authorizing and Directing the City Clerk to Advertise to Receive Bids." ISSUE STATEMENT The City desires to approve the plans and specifications in order to advertise for bids for the Golden Springs Drive/Lemon Avenue Street Rehabilitation and Median Improvements Project. RECOMMENDATION That the City Council approve Resolution 99-xx: "A Resolution of the City Council of the City of Diamond Bar Approving Plans and Specifications for Golden Springs Drive/Lemon Avenue Street Rehabilitation and Median Improvements Project in Said City and Authorizing and Directing the City Clerk to Advertise to Receive Bids." FINANCIAL SUMMARY The total allocated project budget is $2,100,000.00 from the following sources: $429,000.00 from Redevelopment Agency $900,000.00 from Prop C $368,500.00 from Developer/MTA $ 50,000.00 from Prop A $352,500.00 from LLA 38 The Engineer's Estimate for this project is $1,900,000.00. BACKGROUND/DISCUSSION On February 17, 1998, the Redevelopment Agency awarded INCA Engineers, Inc. the professional design services contract for the Golden Springs Drive/Lemon Avenue Street Rehabilitation and Median Improvements 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. These medians will be landscaped as part of this project to create a cohesive landscape design within the city. The landscape theme will be similar to Golden Springs Drive, incorporating some trees, turf and colorful flowers. The irrigation system will be designed with the subterranean system. This system will eliminate the overhead water sprays and excessive run-off onto the streets. The cost estimate for this project is $1,900,000.00. INCA Engineers has coordinated with Caltrans to approve the project permit for those locations within Caltrans jursidiction (Lemon Ave. underpass of the 60 FWY and the Brea Canyon Road on/oframp on Golden Springs Drive). As part of Caltrans approval, the contractor retained by the City will be required to do night -work for portions at the on/off ramp on Golden Springs Drive. There is rehabilitation work necessary at that intersection and will require the on/off ramp closure. At this time INCA Engineers has completed the plans and specifications for the Golden Springs Drive/Lemon Avenue Street Rehabilitation and Median Improvements Project. Plans and specifications for the project have been prepared. Key aspects of requirements placed upon the contractor includes: ➢ Schedule to be submitted at least 10 calendar days before start of work; ➢ Traffic control plans; ➢ Notification to residents, utility owners and other public agencies; ➢ Completion of all work within 90 working days ➢ Completion of all paving within the first 60 days, and ➢ Liquidated damages of $500/day for non-performance. Tentative schedule for the project is as follows: Approval of Plans and Specifications August 3, 1999 Notice to Bidders August 9, 1999 Bid Opening August 31, 1999 Award of Construction Contract September 7, 1999 Notice to Proceed September 27, 1999 End of Construction December 27, 1999 Prepared by: Rose E. Manela RESOLUTION NO. 99 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE GOLDEN SPRINGS DRIVE/LEMON AVENUE STREET REHABILITATION AND MEDIAN IMPROVEMENTS PROJECT IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. WHEREAS, it is the intention of the City of Diamond Bar to construct certain improvements in the City of Diamond Bar. WHEREAS, the City of Diamond Bar has prepared plans and specifications for the Golden Springs Drive/Lemon Avenue Street Rehabilitation and Median Improvements Project in Said City and Authorizing and Directing the City Clerk to Advertise to Receive Bids. NOW, THEREFORE, BE IT RESOLVED that the plans and specifications presented to the City of Diamond Bar be and are hereby approved as the plans and specifications for the Golden Springs Drive/Lemon Avenue Street Rehabilitation and Median Improvements Project. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing the work specified in the aforesaid specifications, which said advertisement shall be in the form and content as approved by the City Attorney and a copy of this Resolution shall be contained in each specification package for the work: "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the City Council of the City of Diamond Bar, Los Angeles County, California, directing this notice, NOTICE IS HEREBY GIVEN that the said City of Diamond Bar will receive at the office of the City Clerk in the City Hall of Diamond Bar, on or before the hour of 10:00 o'clock a.m. on the 31st day of August, 1999, sealed bids or proposals for the Golden Springs Drive/Lemon Avenue Street Rehabilitation and Median Improvements Project. Bids will be opened and publicly read immediately in the office of the City Clerk, Suite 100, 21660 E. Copley Drive, Diamond Bar, California 91765-4177. Bids must be made on a form provided for the purpose, addressed to the City of Diamond Bar, California, marked, " Golden Springs Drive/Lemon Avenue Street Rehabilitation and Median Improvements Project." PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rate of per diem wages are on file in the office of the City Clerk of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. The Contractor shall forfeit, as penalty to the City of Diamond Bar, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion, thereof, if such laborer, workman, or mechanic is paid less than the general prevailing rate of wages herein before stipulated for any work done under the attached contract, by hir by any subcontractor under him, in violation of the provisions of said Labor Code. In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statutes of 1939, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate; or B. When the number of apprentices in training in the area exceeds a ratio of one to five; or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally; or D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Diamond Bar, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work herein before mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this Contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. The bidder must submit with his proposal cash, cashier's check, certified check, or bidder's bond, payable to the City of Diamond Bar for an amount equal to at least 10 percent (10%) of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashier's check, or certified check, or bond shall become the property of the City of Diamond Bar. If the City of Diamond Bar awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Diamond Bar to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be one hundred percent (100%) of the contract price thereof, and a labor and material bond in an amount equal to one hundred (100%) of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Diamond Bar for the construction of said work. No proposal will be considered from a Contractor who is not licensed as a Class A contractor at time of award in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et seq.) and rules and regulations adopted pursuant thereto or to whom a proposal form has not been issued by the City of Diamond Bar. The work is to be done in accordance with the specifications of the City of Diamond Bar on file in the office of the City Clerk at the City Hall, Diamond Bar, California. Copies of the specifications will be furnished upon application and a non -reimbursable payment of $30.00 to the City of Diamond. Upon written request by the bidder, copies of the specifications will be mailed when said request is accompanied by a non -reimbursable payment of $40.00 to cover the cost of mailing charges and overheads. The successful bidder will be required to enter into a contract satisfactory to the City of Diamond Bar. In accordance with the requirements of Section 903 of the General Provisions, as set forth in the Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Diamond Bar, California, reserves the right to reject any and all bids. By order of the City Council of the City of Diamond Bar, California. Dated this 3rd day of August, 1999. PASSED, APPROVED AND ADOPTED by the City Council of the City this 3rd day of August, 1999. MAYOR ATTEST: CITY CLERK I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, California do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the City Council of the City of Diamond Bar, California, at its regular meeting held on the 3`d day of August, 1999, by the following vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: 5 City Clerk, City of Diamond Bar California CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. (O Q TO: Honorable Mayor and Members of the City Council MEETING DATE: August 3, 1999 REPORT DATE: July 27, 1999 FROM: Terrence L Belanger, City Manager TITLE: Award of Construction Contract 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. SUMMARY: On July 20, 1999, the City Council approved the plans and specifications for the Traffic Signal Improvement Project at the Intersections of Brea Canyon Road/Diamond Crest Lane, Brea Canyon Road/Glenbrook Drive, and Brea Canyon Road/Golden Springs. Council authorized and directed the City Clerk to advertise and receive bids. Notice to bidders was published on July 22, 1999. Four (4) bids were submitted and opened on July 29, 1999. The apparent low bidder is L.A. Signal. RECOMMENDATION: That the City Council award the construction contract to L.A. Signal 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 in an amount not to exceed $227,605.00. Furthermore, it is recommended that the Council authorize a contingency amount of $15,000.00 for project change orders to be approved by the City Manager, for a total authorization amount of $242,605.00 LIST OF ATTACHMENTS:_X Staff Report _ Resolution(s) x Agreement(s) _ Public Hearing Notification Bid Specification x Other: Bid proposal - on file at Engineering eering Division SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? 2. Does the report require a majority or 4/5 vote? 3. Has environmental impact been assessed? 4. Has the report been reviewed by a Commission? Which Commission? 5. Are other departments affected by the report? REVIEWED BY: 4 Terrence L. Bela er City Manager x Yes _ No Majority N/A _ Yes _ No N/A _ Yes _ No N/A _ Yes _ No James DeStefano David G. Liu Deputy City Manager Deputy Director of Public Works CITY COUNCIL REPORT AGENDA NO. MEETING DATE: August 3, 1999 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Award of Construction Contract 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. ISSUE STATEMENT To award the construction contract for traffic signal improvements along Brea Canyon Road. RECOMMENDATION That the City Council award the construction contract to L.A. Signal 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 in an amount not to exceed $227,605.00. Furthermore, it is recommended that the Council authorize a contingency amount of $15,000.00 for project change orders to be approved by the City Manager, for a total authorization amount of $242,605.00 FINANCIAL SUMMARY $130,000 of Gas Tax Fund has been budgeted for the traffic signal project at the intersection of Brea Canyon Road and Glenbrook Drive. $72,500 of Gas Tax Fund and $57,500 of Developers' Fund (total $130,000) have been budgeted for the traffic signal project at the intersection of Brea Canyon Road and Diamond Crest Lane. $55,000.00 of Gas Tax Fund has been budgeted for the traffic signal modification project at the intersection of Brea Canyon Road and Golden Springs Drive. BACKGROUND/DISCUSSION On July 20, 1999, the City Council approved the plans and specifications for the Traffic Signal Improvement Project at the Intersections of Brea Canyon Road/Diamond Crest Lane, Brea Canyon Road/Glenbrook Drive, and Brea Canyon Road/Golden Springs. Council authorized and directed the City Clerk to advertise and receive bids. Notice to bidders was published on July 22, 1999. Four (4) bids were submitted and opened on July 29, 1999. The apparent low bidder is L.A. Signal. Traffic signal poles were previously ordered to also expedite construction activity. Key aspects of requirements placed upon the contractor includes: ➢ Schedule to be submitted at least 10 calendar days before start of work; ➢ Completion of all work within 90 calendar days; and ➢ Liquidated damages of $500/day for non-performance. Tentative schedule is as follows: Bid Opening for Construction Contract Award of Construction Contract Notice to Proceed for Construction End of Construction Prepared by: David G. Liu/Rose E. Manela July 29, 1999 August 3, 1999 August 16, 1999 November 12, 1999 AGREEMENT The following agreement is made and entered into, in duplicate, as of the date executed by the Mayor and attested to by the City Clerk, by and between L A Signal 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 L A Signal and; WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for Traffic Signals Installation/Modification at Brea Canyon Road/Diamond Crest Lane, Brea Canyon Road/Glenbrook Drive and Brea Canyon Road/Golden Springs Drive Prosect in the Crty of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Traffic Signals Installation/Modification at Brea Canyon Road/Diamond Crest Lane, Brea Canyon Road/Glenbrook Drive and Brea Canyon Road/Golden Springs Drive Prosect in the City of Diamond Bar. The work to be performed in accordance with the plans and specifications, dated June 1999 (The Plans and Specifications) on file in the office of the City Clerk and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Engineer. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The Plans and Specifications are incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The Plans and Specifications, CONTRACTOR'S Proposal dated July 29, 1999, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. TERMS OF CONTRACT The CONTRACTOR agrees to complete the work within NINETY (90) calendar days from the date of the notice to proceed. The CONTRACTOR agrees further to the assessment of liquidated damages in the amount of five hundred ($500.00) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the CONTRACTOR under this agreement. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall 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 secified herein, Such nnaccordance with t he laws of the State of suran a shall bemaintained maainedin full force and effect during the l period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall s rre eemployees. The CONTRACTOR, pt ior hoommencing work, shalhment of � gn anld 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 performance of work of this contract." such provisions before commencing the b. For all operations of the CONTRACTOR or any sub-contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) CONTRACTOR'S Protective - Property Damage $250,000 each accident, $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is admitted to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in form satisfactory to the City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The CONTRACTOR shall, within ten (10) days from the date of the notice of award of the Contract, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The CONTRACTOR shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. The CONTRACTOR is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other CONTRACTOR'S on the public works site are making such contributions. The CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any sub -contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub - CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees ("Idemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen or employees of the CONTRACTOR, of his subcontractor's or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. The CONTRACTOR will indemnify Indemnitees against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the CONTRACTOR, his agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City. In connection therewith: a. The CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The CONTRACTOR will promptly pay any judgment rendered against the CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of the CONTRACTOR hereunder, and the CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. C. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against the CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, the CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising our of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. 10. NON-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 July 29, 1999. 12. ATTORNEY'S FEES: In the event that any action or proceeding is brought by either party to enforce any term of provision of the this agreement, the prevailing party shall recover its reasonable attorney's fees and costs incurred with respect thereto. 13. TERMINATION: This agreement may be terminated by the City, without cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of termination specified in the notice. In the event of such termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures. State of California "CONTRACTOR'S" License No. L A Si nal N CITY OF DIAMOND BAR, CALIFORNIA C -- 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 -Coot flano—zool 1 1 1 -1 LL LU a a F— W W aY m� 03 oZ Q Lal� Oj 0�8 l o V � � O � m �W " a ° Z �Z Uw Wa ° o it 0 IL m -Coot flano—zool 1 1 1 -1 LL LU a a CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. 16 . (O 8 TO: Honorable Mayor and Members of the City Council PORT DATE: July 27, 1999 MEETING DATE: August 3, 1999 FROM: Terrence L. Belanger, Cily Manager TITLE: Award of Contract 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 Professional Inspection Services. SUMMARY: At the July 20, 1999 City Council meeting, Council approved the plans and specifications for the Traffic Signal Improvement Project at the Intersections of Brea Canyon Road/Diamond Crest Lane, Brea Canyon Road/Glenbrook Drive, and Brea Canyon Road/Golden Springs Drive. Staff proposes to award the Professional Inspection Services to the City's Traffic Engineer, Warren Siecke. RECOMMENDATION: That the City Council award the proposed inspection service contract to Warren Siecke for Professional Inspection Services 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 an amount not to exceed $25,824.00. Furthermore, it is recommended that the Council authorize a contingency amount of $5000.00 for project change orders to be approved by the City Manager, for a total authorization of $30,824.00. LIST OF ATTACHMENTS:- X Staff Report — Public Hearing Notification _ Resolution(s) — Bid Specification Agreement(s) — Other: SUBMITTAL CHECKLIST: Yes —No 1. Has the resolution, ordinance or agreement been reviewed — by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority Yes _ No 3. Has environmental impact been assessed? — 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 City Manager James DeStefano David G. Liu Deputy City Manager Deputy Director of Public Works CITY COUNCIL REPORT AGENDA NO_ _ MEETING DATE: August 3, 1999 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Award of Contract 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 Professional Inspection Services. ISSUE STATEMENT To award the professional inspection services contract for the traffic signal improvements along Brea Canyon Road. RECOMMENDATION That the City Council award the proposed inspection service contract to Warren Siecke for Professional Inspection Services 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 an amount not to exceed $25,824.00. Furthermore, it is recommended that the Council authorize a contingency amount of $5000.00 for project change orders to be approved by the City Manager, for a total authorization of $30,824.00. FINANCIAL SUMMARY $130,000 of Gas Tax Fund has been budgeted for the traffic signal project at the intersection of Brea Canyon Road and Glenbrook Drive. $72,500 of Gas Tax Fund and $57,500 of Developers' Fund (total $130,000) have been budgeted for the traffic signal project at the intersection of Brea Canyon Road and Diamond Crest Lane. $55,000.00 of Gas Tax Fund has been budgeted for the traffic signal modification project at the intersection of Brea Canyon Road and Golden Springs Drive. BACKGROUND/DISCUSSION At the July 20, 1999 City Council meeting, Council approved the plans and specifications for the Traffic Signal Improvement Project at the Intersections of Brea Canyon Road/Diamond Crest Lane, Brea Canyon Road/Glenbrook Drive, and Brea Canyon Road/Golden Springs Drive. Staff proposes to award the Professional Inspection Services to the City's Traffic Engineer, Warren Siecke. Mr. Siecke proposes to spend approximately 6-8 hours per day (as needed) for the duration of the construction, at $78.00 per hour. Tentative schedule is as follows: Bid Opening for Construction Contract Award of Construction Contract Notice to Proceed for Construction End of Construction Prepared by: David G. Liu,,Rose E. Nlanela July 29, 1999 August 3, 1999 August 16, 1999 November 12, 1999 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. T0: Terrence L. Belanger, City Manager REPORT DATE: July 26,1999 MEETING DATE: August 3, 1999 FROM: Bob Rose, Community Services Director TITLE: Award of Contract for the Geotechnical Work Necessary for the Repair of Two Landslides in Sycamore Canyon Park. SUMMARY: There are two landslides in the natural area of Sycamore Canyon Park that are in need of repair. A geotechnical consultant is necessary to do the testing and design work required to develop plans and specifications for the repair work. The City Council has appropriated $80,000 in the 1999000 Fiscal Year Budget to complete the testing, design and repair work. Staff released a Request For Proposals to obtain a consultant to complete this work. There were 5 responses received and staff has completed a thorough review of each proposal. Staff has determined that Converse Consultants is the best firm to complete the services requested in the R.F.P. RECOMMENDED ACTION: It is recommended that the City Council award the contact for the geological testing and the development of plans and the specifications of $25 300 plusthe a continger of ncy of $2,500, for a total not o landslides in Sycamore Canyon Park to Converse Consultants in to exceed amount of $27,800. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification Bid Specifications (on file in City Clerk's office) _ Resolution(s) Ordinance(s) _ X Other: Request X Agreement(s) Proposal from Converse Consultants EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been No reviewed by the City Attorney? X Yes _ X Yes No 2. Does the report require a majority vote? Yes X No 3. Has environmental impact been assessed? — Yes X No 4. Has the report been reviewed by a Commission? _ 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 James DeStefano City Manager Deputy City Manager Bo ose Community Services Director CITY COUNCIL REPORT MEETING DATE: August 3, 1999 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Award of Contract for Geotechnical Work Necessary for the Repair of Two Landslides in Sycamore Canyon Park Issue Statement This contract will result in geotechnical testing and the development of plans and specifications for the repair of the two landslides in the natural area of Sycamore Canyon Park. Contracts in excess of $15,000 require City Council approval. Recommendation It is recommended that the City Council award the contract for the geotechnical testing and the development of plans and specifications necessary for the repair of two landslides in Sycamore Canyon Park to Converse Consultants in the amount of $25,300, plus a contingency of $2,500 for a total not to exceed amount of $27,800. Financial Summary The City Council has appropriated $80,000 in the 1999/2000 Fiscal Year budget for the design and construction of the repair work. The funding for this project is from the General Fund. Also, FEMA has approved federal funds totalling $72,420 for the design and construction costs related to the 1998 slide repair work. Background There are two landslides that have occurred in the natural area of Sycamore Canyon Park over the past six years. The first slide fell during the winter of 1993 and the second fell during the winter of 1998. The slope where these slides occurred is an over steepened 1 % to 1 (horizontal to vertical) fill slope that was created in 1984 when the houses on Rio Lobos Road were developed. (There are no homes on Rio Lobos Road threatened by the slides.) The City Council has appropriated $80,000 in the 1999/2000 fiscal year budget for the design and repair of the two slides. Also, FEMA has approved federal funds totalling $72,420 to assist with the design and construction work required for the repairs. Staff released a Request For Proposals (R.F.P,) to obtain a geotechnical firm to design the plans necessary to compete the repair work. Five firms submitted proposals in response to the R.F.P. Proposals ranged in fees from $25,300 to $44,300. One proposal was deemed non-responsive for not offering Civil plans. Staff has completed an extensive review of the proposals and the firms that submitted them. Staff believes that the best firm for this contract is Converse Consultants. The proposed fee is for $25,300. Discussion The work that will be completed under this contract includes: Phase I Review of Pertinent Geological and Geotechnical Reports Subsurface Investigation/Exploration Laboratory Testing Geotechnical Engineering Analysis Geotechnical Recommendations Up to two (2) City Council Meetings/Study Sessions ReporUPlans and Specifications Preparation Phase 11 Construction Observation/Testing During Slope Repair After City Council approval of plans and specifications prepared per this contract, a sealed bid process will be used to obtain a construction contractor to complete the repair work. Prepared by: Bob Rose, Community Services Director CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of August 3, 1999 and between the City of Diamond Bar, a municipal corporation ("City") and Converse Consultants, ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City, as set forth in Exhibit "A", the City's Request for Proposals dated July, 1999. B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "B", the Consultant's Response, dated July 26, 1999 to the City's Request for Proposals for Geotechnical Investigation/Engineering Services for Two Slope Failures on the north facing slope in the eastern portion of Sycamore Canyon Park in Diamond Bar. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "B." 2. Term of Agreement. This Contract shall take effect August 3, 1999, and shall continue until December 31, 1999, unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "B." 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 Twenty -Five Thousand, Three Hundred Dollars ($25,300) plus a contingency of Twenty -Five Hundred dollars ($2,500) for a total not to exceed amount of Twenty -Seven Thousand, Eight Hundred dollars ($27.800). 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses. City: City of Diamond Bar Consultant: Converse Consultants Terrence L. Belanger, City Manager 222 East Huntington Drive, Ste 211 21660 East Copley Drive, Suite 100 Monrovia, CA 91016-3500 Diamond Bar, California 91765-4177 City of Diamond Bar Consulting Services Agreement - Geotechnical - Sycamore Canyon Park Landslides 6. Status as Independent Consultant. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Consultant shall perform all work to the highest professional standards and in a manner reasonably satisfactory to the City Manager or the City Manager's designee. 8. Indemnification. Consultant is skilled in the professional calling necessary to perform the services and duties agreed to be performed under this Agreement, and City is relying upon the skill and knowledge of Consultant to perform those services and duties. To the fullest extent permitted by law, Consultant hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Diamond Bar and its elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Consultant or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to this Agreement or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, includingthis 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 City of Diamond Bar Consulting Services Agreement - Geotechnical - Sycamore Canyon Park Landslides as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Consultant shall pay Indemnitees for any attorneys fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a) or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Consultant, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities Bless of ising an f or prior, concuent rrent, subsequentoperations actpedorrpas be or on behalf of the Consultant reg Y negligence by the Indemnitees. In the event there is more than one person or entity named in the Agreement as a Consultant, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. g. 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 ll a iabi ity insity urance, with minimum combined single limits coverage of $500,000.00; (4) professional ance (errors and ommissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence; and (5) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named es additional insureds on the policy(ies) as to comprehensive general liability, property g sive automotive liability, and worker's compensation e and automobile liability, coverages. shall ppovide that they are prolicy (ies) as to imary, general liability, property damage, , that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. Consultant agrees that if it does not keep the insurance in full force and effect, and such insurance is available at a reasonable cost, City may take out the necessary insurance and pay the premium thereon, and the repayment thereofthe optaol bofdC City, from payments due Conseemed an obligation of lultantnd the cost of such insurance may be deducted, 3 Consulting Services Agreement City of Diamond Bar - Geotechnical - Sycamore Canyon Park Landslides C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement". 10. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 13. Termination. City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, 4 City of Diamond Bar Consulting Services Agreement - Geotechnical - Sycamore Canyon Park Landslides 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 thro �oghoa�eheo term of this Agreement, Consultant shall submit such financial information as may be app p riestablish 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. isions to be C. Consultantttgelment exceptcause the ocontractt oingporvsub subcontracts for standard commercial d in all subcontracts for any work covered by g supplies or raw materials. 17. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 18. Performance Evaluation. For any contract in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 5 Consulting Services Agreement City of Diamond Bar - Geotechnical - Sycamore Canyon Park Landslides 19. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 20. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 21. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 22. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 23. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 24. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 25. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 26. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. City of Diamond Bar Consulting Services Agreement - Geotechnical - Sycamore Canyon Park Landslides IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. ATTEST: By: City Clerk "CITY" CITY OF DIAMOND BAR By: Mayor Approved as to form: "CONSULTANT' By: City Attorney By: Its: 7 City of Diamond Bar Consulting Services Agreement - Geotechnical - Sycamore Canyon Park Landslides Converse Consultants Over 50 Years of Dedication in Geotechnical Engineering and Environmental Sciences July 26, 1999 City of Diamond Bar 21660 East Copley Drive, Suite 100 Diamond Bar, California 91765-4177 Attention: Mr. Bob Rose Community Services Director Subject: PROPOSAL - GEOTECHNICAL INVESTIGATION Slope Failures at Sycamore Canyon Park 22930 Golden Springs Road Diamond Bar, California Converse Project No. 98-31-144-00 Gentlemen: In response to the City of Diamond Bar's Request for Proposal (RFP), Geotechnical Investigation/Engineering Services for Two Slope Failures on the North — Facing Slope in the Eastern Portion of Sycamore Canyon Park, 22930 Golden Springs Road in the City of Diamond Bar, received via FAX on July 16, 1999, Converse Consultants (Converse) is pleased to present this revised proposal to perform a geotechnical investigation of slope failures in the eastern portion of Sycamore Canyon Park in Diamond Bar. Converse originally submitted a proposal to perform the geotechnical investigation for the subject landslides in March 20, 1998. This proposal has now been revised per the scope of work contained in the RFP. The scope of work will be performed in two phases. The first phase will consist of a geotechnical investigation of the distressed areas to develop recommendations, plans and specifications for repair and stabilization of the surficial slope. The second phase will consist of geotechnical observations and testing to be performed during the slope repair. PROJECT DESCRIPTION Our understanding of the project is based upon information presented in your RFP, our original proposal, and a recent visit to the site. Information contained in the RFP that has been reviewed in conjunction with the preparation of this proposal includes a geotechnical reconnaissance report by Leighton and Associates, Inc., dated February 24, 1993, regarding one of the two subject landslides. 222 East Huntington Drive, Suite 211, Monrovia, California 91016-3500 Telephone: (626) 930-1200 ♦ Facsimile: (626) 930-1212 ♦ e-mail: converse@converseconsultants.com City of Diamond Bar July 26, 1999 Page 2 Surficial failures have occurred at two locations in the north -facing slope in the eastern portion of the park. This slope has a gradient of about 1-1/2 to 1 (horizontal to vertical) and a maximum height of about 80 feet. Visual review of site conditions indicates that the subject slope is a graded fill slope that was probably constructed in conjunction with the southerly adjacent residential tract development. V -ditches have been constructed along the face of the slope at vertical intervals of about 25 to 30 feet. The upper failure encompasses an area of approximately 3,000 square feet and reportedly first occurred in 1993. At least one residential lot at the top and a v -ditch at the bottom bound this failure area. Since the initial failure, plastic sheet has been used to cover the slope in the winter months. Additional movement reportedly occurred following heavy rains in February 1998. During our site visit, it was observed that a retaining structure, consisting of vertical steel pipes of about 3 inches in diameter, with wood lagging, has been installed within the upper portion of the failure area at some time in the past. After the initial failure, Leighton & Associates was retained to prepare recommendations for repair of the slope. We understand that recommendations prepared by Leighton & Associates consisted of removing existing earth materials and the construction of a new geo-grid reinforced slope that would be keyed and benched into foundation and back -slope soils. As the result of the heavy rains in February 1998, a second erosion/slide area has developed between the upper two v -ditches a few hundred feet east of the area previously described. This area is about the same size as the other area. A reinforced concrete stairway extends down the slope east of this area. Signs of erosion and undermining were observed on both sides of the stairway. PHASE 1 - GEOTECHNICAL INVESTIGATION - SCOPE OF WORK We propose to provide necessary personnel, equipment and materials to perform the following tasks as outlined in the RFP: (1) Review pertinent geological and geotechnical reports of the subject site and surrounding properties on file with the City of Diamond Bar, (2) Explore the sites of the slope, (3) Perform geotechnical laboratory testing, (4) Perform geotechnical engineering analyses, (5) Prepare a geotechnical report with recommendations, plans and specifications for remediation of the failures. (6) Attend up to two City Council Meetings/Study Sessions ® Converse co...it.m. Project No. 98-31-144-00 City of Diamond Bar July 26, 1999 Page 3 This study does not include an evaluation of the potential for soil and/or groundwater contamination. Proposed tasks are described in further detail below. Document Review Prior to the initiation of our field exploration program, we will review available documents on file at the City of Diamond Bar related to the eastern portion of the park site, Diamond Bar Boulevard and adjacent properties. These documents will be provided by the City without any additional cost to us. Exploration In accordance with State law, we will contact Underground Service Alert (USA) to locate public utilities in the drilling areas. However, any and all available subsurface utility information should be provided to Converse prior to initiating drilling, to reduce the potential for damaging existing utilities. We assume that we will be able to gain access to the site during normal weekday daylight hours without additional cost to Converse. At each of the failure areas, we propose to hand excavate two to three test pits/hand auger borings to depths of 5 to 10 feet below existing ground surface elevations. Relatively undisturbed and bulk soil samples will be obtained. Our field personnel will record continuous logs of the soil conditions encountered. Our explorations will be backfilled with excavated earth materials. Geotechnical Laboratory Testing Soil samples obtained in the subsurface exploration will be transported to the Converse geotechnical laboratory. Geotechnical testing is anticipated to include the following: $ In-situ moisture and density $ Laboratory maximum density and optimum moisture $ Direct shear $ Expansion test $ Atterberg Limits $ PH, resistivity, and soluble sulfate and chloride. Portions of samples remaining after the completion of laboratory testing will be stored in our laboratory for 30 days after the report is completed. At that time, samples will be discarded unless we are notified in writing to retain samples at additional cost. ® Converse consultants Project No. 98-31-144-00 City of Diamond Bar July 26, 1999 Page 4 Geotechnical Analyses and Report Preparation Data obtained from the review of available documents, explorations and laboratory testing will be evaluated. Engineering analyses will be performed to develop geotechnical design recommendations for remedial repair of the failed areas. A report will be prepared, signed and stamped by a California Geotechnical Engineer (GE) and Certified Engineering Geologist (CEG). The report will include the following items: $ Field and laboratory procedures used in the investigation. $ Logs of the explorations summarizing subsurface conditions encountered including results of laboratory testing, and a plan indicating the approximate location of the explorations. Evaluation and preparation of geotechnical recommendations for repair of the failures, control of surface water run-off and control of slope erosion. $ A discussion of the corrosivity and chemical attack potential of the tested soils, and recommendations for managing corrosion and chemical attack. $ Recommendations for temporary excavations. $ Plans and specifications for the quality, placement and compaction of backfill and in sufficient detail to allow the City to procure competitive bids for the work. The completed project plans will include an overall site plan and details showing larger - scale elements of the repair (cross sections, drain details, revetments, erosion control mats, etc.). Six copies of the report will be distributed as requested. Attendance at city Council Meetings Converse is prepared as part of our services to attend City Council Meetings/Study Sessions for the purpose of discussing our findings and recommendations and to assist the City's Staff in awarding a contract for the repair of the landslides. Per the RFP our cost estimate includes attendance at two such meetings. We have assumed that these meetings will most probably be held in the evenings. ® Converse Consultants Project No. 98-31-144-00 City of Diamond Bar July 26, 1999 Page 5 Investigation Schedule At least two working days are required by USA to locate underground utilities in the exploration areas. Therefore, site exploration can begin within three working days after receipt of your notification to proceed, weather and site conditions permitting. Two to three days will be -required to excavate, log and sample the test pits/borings. The final report will be presented within four weeks after completion of the fieldwork, with the plans and specifications presented approximately two weeks following presentation of the investigation report. PHASE 2 — CONSTRUCTION OBSERVATIONS AND TESTING During the slope repair, Converse proposes to provide geotechnical observations and testing on an as needed basis. Our experience with similar slope repairs, indicates that the repair will have to be performed with small hand operated equipment and as a result the rate of progress on the repair will be such that it will not require full time observation by members of our staff. Our scope of services during the construction phase of the project will include but not necessarily limited to the following: ■ Observations and testing by a soils technician on an as needed basis. ■ Laboratory testing to determine the maximum unit weight of each soil type. ■ Engineering supervision and consultation as needed. ■ Preparation of a Geotechnical Report of Grading presenting a summary of our geotechnical observations and the results of compaction testing. ESTIMATED FEES Consulting services will be provided in accordance with our current Schedule of Fees (1599.1), and General Conditions and the conditions of the City of Diamond Bar's standard Consulting Services Agreement. In accordance with the requirements of the RFP, we have reviewed the copy of the standard Consulting Services Agreement attached to the RFP and accept the conditions present therein. ® Converse Consultants Project No. 98-31-144-00 City of Diamond Bar July 26, 1999 Page 6 In accordance with the requirements of the RFP, our estimate of fees has been itemized by task and slope failure. Per your verbal directions, our itemization has been presented as if the recent failure will be the primary focus of our investigation and the older failure is the secondary focus. Accordingly, our estimate for the investigation and repair of the subject . failures has be itemized in such a manner that the cost associated with investigating and construction monitoring the recent failure can be separated out from the total estimate. We propose to perform the above scope of work presented under Phase 1 for an estimated fee of $15,960.00. The estimated costs investigating only the most recent slide would be $12,080.00. A complete fee breakdown is attached as Table 1. Our fees are based upon the assumption that ready access to the areas will be available during normal weekday daylight working hours, without additional cost to us During the reconstruction of the slopes, the extent of our services are dependent of the many things that our beyond our control such as the contractors rate progress and the quality of his work. As a result, the geotechnical observations and testing will be provided on a time and material basis. However for the purpose of establishing a budget for the observations and testing required during the slope reconstruction, we estimate that our fees for providing the required services during the repair of both failures will be on the order of $9,340.00. This estimate would be $5,020.00 is only the most recent failure is repaired. The complete fee breakdown is attached as Table 2. These estimates are based upon an assumption that the repair of each individual failure will take either two weeks and require approximately 30 hours per week of our technician's time or three weeks and require approximately 20 hours per week of our technician's time. Invoices will be submitted monthly in accordance with our attached Schedule of Fees and General Conditions. During the course of this work we will carry workers' compensation insurance as required by law and general liability insurance as outlined in the attached Conditions and City of Diamond Bar's standard Consulting Services Agreement. Additional insurance coverage may be provided upon request. REFERENCES/EXPERIENCE Mr. J. Stanley Schweitzer, P.E. will act as the Project Manager/Project Engineer for this project. He has over 25 years of experience in geotechnical engineering dealing with hillside stability problems. Past projects that he has acted upon that included surficial slope stability issues include: ® Converse Consultants Project No. 98-31-144-00 City of Diamond Bar July 26, 1999 Page 7 ■ Crystal Ridge, Diamond Bar Associates, Diamond Bar California ■ Moulton Ranch, M. J. Brock Homes, Laguna Hills, California ■ Orchard Views, Beazer Homes, Riverside, California. CLOSURE Our findings and recommendations will be prepared in accordance with generally accepted professional geotechnical engineering principles and practice in Los Angeles County at this time. We make no other warranty, either express or implied. If the scope of services and fees are acceptable, please sign and complete the "Authorization and Agreement" box below, and return one signed copy of this proposal to provide authorization to proceed; or provide a City of Diamond Bar's standard Consulting Services Agreement. We look forward to working with you on this project. Please do not hesitate to call if you have any questions or wish to discuss our services in greater detail. The undersigned can be reached at (626) 930-1233. Respectfully submitted, CONVERSE CONSULTANTS J. jStanley Schweitzer, GE Senior Geotechnical Engineer Encl: Table 1, "Fee Breakdown Phase 1, Investigation" Table 2, "Fee Breakdown Phase 2, Construction Monitoring" Schedule of Fees (P99.1) General Conditions (GC99) Dist: 3/Addressee ® Converse Consultants Project No. 98-31-144-00 City of Diamond Bar July 26, 1999 Page 8 AJHt�RTtCI�t AtD A►GR)*ME 4T NAME: (print) (sign) Title: Date: P.O. No./Billing Instructions Invoices to be sent to the client, who shall be responsible for payment threrof, unless notified otherwise Billing requirements, including backup documentation, should be mutually agreed upon and indicated herein. Subsequent additions or charges should likewise be mutually agreed upon and submitted in writing with appropriate authorization. ® Converse Consultants Project No. 98-31-144-00 City of Diamond Bar July 26, 1999 Page 9 TABLE 1 FEE BREAKDOWN "PHASE 1, INVESTIGATION" . ..... ...... ........ ... ..,-. . nv n:. ... ..: ,.:}...: mx .v...:..... .. ... nvh^:.«v:.av:• v.: ..:.::?.x.?':.y'::N' •?rik•: ....................:. ......n..... ... ... .. .:.. .. :C:.a:.. .i.i.... ...} nx.. ... r... T.. r.,.... xC:-:..... ....i..:.n..... .... ............ .. ^: ::'-rn ... ...:C.... {i?.... ..: •:: »:::::::iii?i?ii? r :»n:. :......:..:.. ,..vx .v::. ..... .. ..:i.i.:::::.vv. ...... av :.$ :• :.......:..... ....... YI.i�....... .....v::::::•i:: v$}:']:•: v...v.{ .v: v:::. :: r nr; •:..v .. ..i.?:{:: ¢: �+:... «v't:-??'srifiv':S$:. •}?+}Y.h.,G?ii$: ::: v:: ........ v::. ..: r:.v:Y v: n,•:::vw.:.,...:C.-.tY:a}: n•:.?:. i{•.: rv::: x: F.^:. ..O ::.:-: :.??:??:: ii•?:.}: is i•. ..:`��:v.,..r•:::::.,r.:..:..:..,... :k, :x.:: x. , :::iiYi????:xv::•:,?:n::r:r]: .rv:.:p::]m;,:£d:rv:.:�:a:•:a: v:�:...vc•.:i. ,:,•?F..n....,,...... :: ::$:i .. .�•}::?;:I:.?i:•i:•]:::L u.X. In $:$i •. -Document review 3,300.00 $780.00 Field exploration, recent landslide Laboratory Testing, older landslide 3,170.00 Field exploration, older landslide 920,00 2,345.00 Laboratory Testing, recent landslide Grading Report Preparation 655.00 Laboratory Testing, older landslide $9,340.00. 535.00 Engineering analysis 1,000.00 Investigation report preparation 2,411.00 S ecifications 820.00 Plans, recent landslide 2,444.00 Plans, older landslide 1000.00 Council meeting/study meeting/studysessions 800.00 Total, Phase 1 Geotechnical Investigation, Both Landslides $15,960.00 Total, Phase 1 Geotechnical Investigation, Recent Landslide Only $12,080.00 TABLE 2 FEE BREAKDOWN "PHASE 2, CONSTRUCTION MONITORING- .................... ONITORING" ............................................ ........................:... ...... .. r ....... ..... ........ ........ .,.. ...:.................:. :.v................................ ...:•. :. ::::: •:::::::::::::::.......... .... . v. .r.:.. ..x.•r::,rv: fvv..vn... rf... r ...........n ...:........ k ... ............. ...:...r.........na... •- :Y• ,r,.... ,................: .... h. F.,aY .. r..:.. ........................, .. ;.•.. vw.v$:a::v.,w:.v.::::.::nvw::.?v:::M1v: r:::::::: x.F:•Y?},. ........... r.............r...... r......... .....:w:::: v..,......... .... .. ..... : vvv.v:4$r.•x......v r....................::a:::$ •::.a::: x?.var`i}:j;ii. ...:............... h,::..w::,:x•.:c:w.»::.:.:::.........v.........,,:::,..$..,,,.,,..r,:.•� :�.ks. �'�[ Field observations and testing, recent landslide, 60 man-hours �ii}.vm: �/�. y,� ,$:J.r.:},? x k.'<�i;:�4x' 53,300.00 Field observations and testing, older landslide, 60 man-hours 3,300.00 Laboratory Testing, recent landslide 100.00 Laboratory Testing, older landslide 100.00 Engineering management, supervision, consultation, recent landslide 920,00 Engineering management, supervision, consultation, older landslide 920.00 Grading Report Preparation 700.00 Total, Phase 2, Construction Monitoring Both Landslides $9,340.00. Total, Phase 2, Construction Monitoring Recent Landslide Only $5,020.00 ® Converse Consultants Project No. 98-31-144-00 REQUEST FOR PROPOSAL Geotechnical Investigation/Engineering Services for Two Slope Failures on the North - facing Slope in the Eastern Portion of Sycamore Canyon Park, 22930 Golden Springs Road in the City of Diamond Bar. Background In the winter of 1993, heavy rains caused a slope failure of approximately 3,000 square feet on a north -facing slope in the eastern portion of the park. In the winter of 1998, heavy rains caused an additional slope failure of approximately the same size on a lower.portion of the same slope. This slope has a gradient of about 1 %z to 1 (horizontal to vertical) and a maximum height of about 80 feet. V -ditches have been car,structed along the face of the slope at vertical intervals of about 25 to 30 feet.. The upper failure is bounded by at least one residential lot at the top and a V -ditch at the bottom. Since the initial failure, plastic sheeting has been used to cover the slope in winter months. After the initial failure, Leighton & Associates was retained to prepare recommendations for the repair of the slope. (See Appendix A) The lower failure is between the upper two v -ditches a few hundred feet east of the upper failure. A reinforced concrete stairway extends down the slope east of the lower failure. Signs of erosion and undermining exist on both sides of the stairway. Page 1 RFP — Engineer Services for City of Diamond Bar Slope Failure at Sycamore Canyon Park Scope of Work The City is looking for the geotechnical investigation, testing, analysis and the preparation of geotechnical recommendations for remediation of both failures. The following key tasks are recommended, as a minimum: Phase I Review of Pertinent Geological and Geotechnical Reports Subsurface Investigation/Exploration Laboratory Testing Geotechnical Engineering Analysis Geotechnical Recommendations Up to two (2) City Council Meetings/Study Sessions Report/Plans and Specifications Preparation Phase II Construction Observation/Testing During Slope Repair Submittal of Proposals ♦ Cover letter including name, address, and telephone number for the firm, background information and the name of the contact person. ♦ Scope of Services ♦ Proposal Fee, itemized by task and slope failure (Costs for work on each slope failure must be kept separate due to F.E.M.A. reimbursement requirements.) ♦ Proposed hourly billing for each project team member that would be assigned and any expected additional expenditures ♦ At least three references for similar work ♦ Timeline for completion of project ♦ Statement of confirmation that the attached Professional Services Agreement (Appendix 6) has been reviewed by the firm and it is acceptable, as presented. City of Diamond Bar Page 2 RFP — Engineer Services for Slope Failure at Sycamore Canyon Park Submittal Deadline Interested firms must submit three copies of the proposal to: Bob Rose, Director of Community Services City of Diamond Bar 21660 E. Copley Drive, Ste 100, Diamond Bar, CA 91765 Proposals are due by Monday, July 26, 1999 at 11:00 a.m. Any questions regarding this R.F.P. should be directed to Bob Rose, Director of Community Services, at 909/396-5694. Attachments: Leighton Report (Appendix A) Professional Services Agreement (Appendix B) City of Diamond Bar Page 3 RFP — Engineer Services for Slope Failure at Sycamore Canyon Park LE1GHTON Appendi:t A MIR Attention: Subject: Introduction February 24, 1993 Project No. 2910164-34 77 City of Diamond Bar 21660 East Copley Drive, Suite 100 Diamond Bar, California 91765 Mr. George Wentz, P.E. City Engineer Reconnaissance of Slope Failure at Sycamore Canyon County Park in the City of Diamond Bar, California s In response to your request, we have made a reconnaissance survey of reported slope failure at the subject site. The purpose of our survey was to evaluate the probable causes of the failure and to present the preliminary recommendations for repair construction. Our site reconnaissance was performed on February 11, 1993, and consisted of a visual inspection of the reported slope failure and surrounding areas. This report presents our findings, conclusions and recommendations. Site Descriotion The slope is located in the undeveloped area of Sycamore Canyon County Park, adjacent to the rear property boundary of the residences along Rio Lobos Road, in the City of Diamond Bar, California (see Site Location Map, Page 2). The slope appears to be a fill slope with an approximate gradient of 1.5 to 1 (horiwntal to vertical). The failure occurred on a portion, of this slope behind the residence at 23131 Rio Lobos Road. The type of failure appeared to be a typical surficial failure which extends from near the top of the slope to the toe at the drainage terrace. The size of the failure is approximately 60 feet wide by 50 feet long with depths varying from a few feet to about six feet near the top of the slope. The soils in this slope consisted of clayey sand and sandy clay, which were saturated and soft due to the rains. Several pipe piles were observed on the upper portion cf the failure. These pipe piles could have been used for stabilizing this portion of the slope. 1470 SOUTH VALLEY VISTA DRIVE, SUITE 150, DIAMOND BAR, CALIFORNIA 41765 (714) 860-7777 9 (800) 777•:::_ FAX (714) ?6C- 2910164-34 Findings Based on our site reconnaissance, the probable causes of this failure can be attributed to the following factors: - • Scepage flow within the near -surface soils on the slope. • Oversteepened slope (steeper than 2:1). • Inadequate subdrainage for the slope. • Missing earth berm along the top of the slope which would have prevented runoff downslope. • Inadequate drainage in the rear yard of the residence above the slope to direct runoff away from the slope. • Animal burrows on the slope. Recommendations Recommendations for slope repair presented herein are based on our site reconnaissance and the above-mentioned probable causes derived from our visual observation. We recommend that the slope be repaired as follows: • Remove the remaining slide soil mass (unsuitable material) on the slope to a firm competent material. The competent material should be determined by observation and testing of the geotechnical engineer. • Provide a subdrainage system at the toe after the removal is completed and approved by the geotechnical engineer. At a minimum, the subdrainage system should consist of 3/4 -inch open graded gravel wrapped by an approved filter fabric. A subdrain pipe should be perforated and installed with perforations down. Approximate locations of the subdrain are shown on the attached drawing and should be revised accordingly in the field during grading. • Provide typical benches. Benches shall be excavated in firm material for a minimum width of four, feet. • As an additional remedial measure, we recommend that geogrids be used to increase the surficial stability of slope. Our preliminary analysis shows that Nfirafi ST geogrid should be placed at four foot vertical intervals. The length of the geogrid is estimated to be sir to eight feet into the slope. • Fill should be placed in thin lifts and compacted to a minimum 90 percent relative compaction. .3- a 2910164-34 A drawing of the slope repair plan is shown on Figure 1. It is anticipated that imported fill will be required to rebuild the slope to the original grade. Imported fill shouldconsist of low expansive soi and be free of organic matters, and should be approved by the geotechnical is eagineer prior n delivery to the site. We estimate that the cost for the slope repair recommended above will be on the order of S50,000 (Fifty Thousand Dollars). We hope this provides you with the information needed at this time. We appreciate the opportunity to be of service to you on this project. If you have any questions regarding this report, please contact us at your convenience. QYrNr-ca Respectfully submitted, Z PHUKG�Y �Fy� LEIGHTON AND ASSOCIATES, INc No. 002156 z+ Exp- 8-2-95 / CALI FA icharc p Phukunhaphan, RGE 2156 Senior Project Engineer AP/rsh Attachments: Figure 1 - Slope Repair Plan List of Grading Contractors with Experience in Slope Repair Distribution: (2) Addressee -4. � � • / 7r /"Tai � r C%—•� � �' i � . ��� of • i�' PAG�FIC'� ` STATE HOSPIT �I �. ,:•may � v r► .� • —_" sr Di • ! � 1 I �3•: SOO ware% .i _ , ---- - - -� -- -y -- — - �� •;, '` ANT, •�!►�' s—•,tset . %W `�� ' `-_ ` : � is �L . fj'..-n Spiv a •�•� � ,' . ): r -��# ON 79 4F 1z crj — ''SIT E31.lost e.��r '-'ate - �'+-� `_• � :1I � �"',♦ 1 ..I "•i l � i J - 0 2000 4000 scale feet SITE LOCATION MAP Sase Map: U.S.G.S. 7 1/2 minute San Dimas Quadrangle. SLOPE. FAILURE AT Projec: Na. 2910164-34 a— SYCAMORE CANYON 23 Date /24/9�.__ COUNTY PARK 3JN 33' �r �7N/1sA[� o Z • \ m 40 3'Jv2'ar3L 39er�vr�rdQ `�/v�1S�x� ', \ � e � a : a W J C N\ \ Z m v 2 J Ix q - tt�� Q \ Q v . tu 'AOL i � z \ t \ \ J a \ c r cc 1 N } z Z J W CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of municipal corporation ("City") and RECITALS Appendix B and between the City of Diamond Bar, a , ("Consultant"). 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", the City's Request for Proposals dated_, 1999. B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "B", the Consultant's Response, dated 1999 to the City's Request for Proposals. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "B." 2. Term of Agreement. This Contract shall take effect , and shall continue until , unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "B." 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 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses. City: City of Diamond Bar Consultant: Terrence L. Belanger, City Manager 21660 East Copley Drive, Suite 100 Diamond Bar, California 91765-4177 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 City of Diamond Bar Consulting Services Agreement the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in. any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Consultant shall perform all work to the highest professional standards and in a manner reasonably satisfactory to the City Manager or the City Manager's designee. 8. Indemnification. Consultant is skilled in the professional calling necessary to perform the services and duties agreed to be performed under this Agreement, and City is relying upon the skill and knowledge of Consultant to perform those services and duties. To the fullest extent permitted by law, Consultant hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Diamond Bar and its elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Consultant or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to this Agreement or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Consultant shall pay Indemnitees for any attorneys fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a) or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is City of Diamond Bar Consulting Services Agreement subject to Civil Code § 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 claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Consultant regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. In the event there is more than one person or entity named in the Agreement as a Consultant, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City (1) a policy or policies of broad-form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and ommissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence; and (5) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, automotive liability, and worker's compensation coverages. The policy (ies) as to comprehensive general liability, property damage, and automobile liability, shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. Consultant agrees that if it does not keep the insurance in full force and effect, and such insurance is available at a reasonable cost, City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Consultant and the cost of such insurance may be deducted, at the option of City, from payments due Consultant. C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement". 3 City of Diamond Bar Consulting Services Agreement 10. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. 12. Conflict of Interest. A. Consultant cuvenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 13. Termination. City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 15. Financial Condition. Prior to entering into this Agreement, Consultant has submitted documentation acceptable to the City Manager, establishing that it is financially solvent, such that it can reasonably be expected to perform the services required by this Agreement. Within thirty (30) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement, Consultant shall submit such financial information as may be appropriate to establish to the satisfaction of the City Manager that Consultant is in at least as sound a financial 4 City of Diamond Bar Consulting Services Agreement 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 Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 18. Performance Evaluation. For any contract in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 19. Compliance with laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 20. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. City of Diamond Bar Consulting Services Agreement 21. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants: 22. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 23. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 24. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 25. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 26. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. written above. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first "CITY" ATTEST: CITY OF DIAMOND BAR 2 City Clerk Approved as to form: By: City Attorney By: Mayor "CONSULTANT" By: Its: City of Diamond Bar Consulting Services Agreement CITY OF DIAMOND BAR AGENDA REPORT AGENDA N0.6 • � Z-' TO: Terrence L. Belanger, City Manager REPORT DATE: July 26, 1999 MEETING DATE: August 3, 1999 FROM: Bob Rose, Community Services Director TITLE: Consideration for Articles of Incorporation and By-laws for the Proposed Diamond Bar Community Foundation SUMMARY: The Parks Master Plan, which was adopted by the City Council in March, 1998, recommends the establishment of a 501 (c) (3) non-profit foundation to assist in raising funds to implement the goals stated in the Parks Master Plan. The City Attorney has developed the Articles of Incorporation and By-laws, with prior input from the Parks and Recreation Commission. The City Council reviewed the draft documents and provided input at its study session on July 6,1999. These documents have been amended by the City Attorney and are prepared for City Council action. RECOMMENDED ACTION: It is recommended that the City Council approve the proposed Articles of Incorporation and By-laws, as amended, and direct the City Attorney to file the appropriate documents to establish the Diamond Bar Community Foundation. it is further recommended that the City Council announce the openings for Board of Director appointments for the Diamond Bar Community Foundation. LIST OF ATTACHMENTS: X Staff Report _ Resolution(s) _ Ordinance(s) X Agreement(s) EXTERNAL DISTRIBUTION: _ Public Hearing Notification _ Bid Specifications (on file in City Clerk's office) X Other: Articles of Incorporation By-laws SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? 2. Does the report require a majority vote? 3. Has environmental impact been assessed? 4. Has the report been reviewed by a Commission? What Commission? Parks & Recreation Commission 5. Are other departments affected by the report? Report discussed with the following affected departments: nla REVIEWED BY: Terrence L. Belanger James DeStefano City Manager Deputy City Manager X X Yes _ No Yes _ No Yes X No Yes — No Yes X No ®Rose Community Services Director CITY COUNCIL REPORT MEETING DATE: August 3, 1999 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Consideration for Articles of Incorporation and By-laws for the Proposed Diamond Bar Community Foundation Issue Statement Approval of the Articles of Incorporation and By-laws will lead to the establishment of the Diamond Bar Community Foundation, a 501 (c) (3) Non -Profit Foundation. Recommendation It is recommended that the City Council approve the proposed Articles of Incorporation and By-laws, as amended, and direct the City Attorney to file the appropriate documents to establish the Diamond Bar Community Foundation. It is further recommended that the City Council announce the openings for Board of Director appointments for the Diamond Bar Community Foundation. Financial Summary Establishment of the Diamond Bar Community Foundation will not negatively impact the adopted 199912000 Fiscal Year General Fund budget. Background At its study session on July 6, 1999, the City Council reviewed the draft Articles of Incorporation and By-laws for the proposed Diamond Bar Community Foundation. In -put from the City Council was received by Douglas Argue of the City Attorney's office at this study session. Discussion Douglas Argue has provided the following text revision to Article II B of the Articles of Incorporation: "B. The specific purpose of this corporation is to receive contributions for the benefit of the City of Diamond Bar and use such contributions, or pay them over to the City of Diamond Bar, for any charitable, literary or eduational purpose permitted under Section 501 (c) (3) of the Internal Revenue Code". Further, Mr. Argue has provided the following text revisions to the By-laws: Section 3.02 (c). The description "debt service" has been added to Line 3; 2. Section 5.03 (a). "Two (2) years" has been replaced with "one (1) year"; Also, this clarification has been added: The term for the Mayor's appointee shall be one (1) year and be limited to two (2) consecutive terms. The term for the Mayor's 1999 appointee shall expire on December 31, 1999 and be regarded as a "first" term for purposes of the two consecutive term rule. 3. Section 5.03 (b). City Council Appointees. The term shall be two years for City Council appointees to be limited to two (2) consecutive terms. For purposes of the two consecutive term rule the first term of the City Council 1999 appointees shall expire on the date of the first annual meeting in February of 2000. 4. Section 5.03 (c). Members at -Large Ampritees. The term of each of the four(4) at -large appointees shall be for two years limited to two (2) consecutive terms. Notwithstanding the foregoing, the terms for the first appointed four (4) at -large positions shall be either one or two years determined by random draw according to position, to wit, at -large positions number 1 and 2 shall be for a period of two years each and at -large positions number 3 and 4 shall be for a period of one year each. The first appointed four at -large positions shall also be limited to two consecutive terms. For purposes of the two consecutive term rules the "first" term of the four (4) at -large 1999 appointees shall expire on the date of the first annual meeting in February of 2000. 5. Section 5,04 (a). All terms as prescribed in this article shall commence with an annual meeting of the Board of Directors and shall expire at the date of the annual meeting one or two years later as the case may be. Notwithstanding the foregoing, the terms of office for the members of the board appointed by the City Council shall be concurrent with Council terms of office. 6. Section 5.04 (b). After an appointee has served two consecutive terms, 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). 7. Section 5.07 (a). The annual meeting date has been changed to "February" on Line 3; 8. Section 5.07 (b). The regular meeting date in Line 1 has been designated to be "the third Thursday of each month at 7:00 p.m."; and 9. Section 7.07 (e) (i). A typographical correction has been made to the sixth word in the last sentence by changing "of" to "or". With the above changes to the Articles of Incorporation and By-laws, staff believes that the intent expressed by the City Council at the July 6, 1999 study session has been satisfied. Next Steps Approve the proposed Articles of Incorporation and By-laws. 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 By-laws (page 4). 3. After receipt of above information, the City Attorney will execute the appropriate documents to amend the Articles of Incorporation, appoint the initial Directors and adopt the By-laws. 4. File form slo 100 with the Secretary of State by September 23, 1999. Corporate officers must be known to complete this form. 5. File I.R.S. From SS -4 immediately. 6. File "Exemption Application" and Form 1023 with the I.R.S. 7. Sign Power of Attorney Form 2848 (by an officer of the Foundation) and return to the City Attorney. Prepared by: Bob Rose Community Services Director ARTICLES OF INCORPORATION OF THE CITY OF DIAMOND BAR COMMUNITY FOUNDATION 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 oof Diamond Bar rufor any ional nder Sectionr501b(c)(3)lofrary or the InternaltRevenueu ode. permittedse 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 otherwise corporation shall consist of carrying on propaganda, 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. V 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 ne' 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 RICHAR.DS, 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 - BYLAWS OF THE DIAMOND BAR COMMUNITY FOUNDATION (a California Nonprofit Public Benefit Corporation) ARTICLE I iri\W 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 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 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 City of Diamond Bar in charitable and other public purpose projects. The specific public and charitable purposes for which this Corporation is organized are to lessen the burdens of government, 990727 11393-00001 eeh 0102701.1. 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=P_ rte. 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 debt service 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 corresponding provision of any future United States Internal - 2 - 990727 11393-00001 eeh 0102701.1 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 corpQrate 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. - 3 - 990727 11393-00001 eeh 0102701.1 (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) nne signa inn and Apnointme t 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: - 4 - 990727 11393-00001 eeh 0102701.1 (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 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 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) Tim;tations. 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 Direr.t_ors. 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_ - 5 - 990727 11393-00001 eeh 01C2701.1 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 AlD ointee. The term for the Mayor's appointee shall be one (1) year and be limited to two (2) consecutive terms. The term for the Mayor's 1999 appointee shall expire on December 31, 1999 and be regarded as a "first" term for purposes of the two consecutive term rule. (b) City Counnil Ag= of ntees . The term shall be two years for City Council appointees to be limited to two (2) consecutive terms. For purposes of the two consecutive term rule the "first" term of the City Council 1999 appointees shall expire on the date of the first annual meeting in February of 2000. (c) MemhPrs a-Lar2e Apj)ointeea. The term of each of the four(4) at -large appointees shall be for two years limited to two (2) consecutive terms. Notwithstanding the foregoing, the terms for the first appointed four (4) at -large positions shall be either one or two years determined by random draw according to position, tQ wit, at -large positions number 1 and 2 shall be for a period of two years each and at -large positions number 3 and 4 shall be for a period of one year each. The first appointed four at -large positions shall also be limited to two consecutive terms. For purposes of the two consecutive term rules the "first" term of the four (4) at -large 1999 appointees shall expire on the date of the first annual meeting in February of 2000. SECTION 5.04. RESTRICTIONS (a) All terms as prescribed in this article shall commence with an annual meeting of the Board of Directors and shall expire at the date of the annual meeting one or two years later as the case may be. Notwithstanding the foregoing, the terms of office for the members of the board appointed by the City Council shall be concurrent with Council terms of office. (b) After an appointee has served two consecutive terms, 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 - 6 - 990727 11393-00001 eeh 0102701.1 (a) Events rausing 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 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 February 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 - 7 - 990727 11393-00001 eeh 0102701.1 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 third Thursday of each month at 7:00 p.m., 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. (i) Authority 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 Reoui_rements. 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. - 8 - 990727 11393 00001 eeh 0102701.1 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 Reouirements. 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. 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. - 9 - 990727 11393-00001 eeh 0102701.1 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. 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; - 10 - 990727 11393-00001 eeh 0102701.1 (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 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. - 11 - 990727 11393-00001 eeh 0102701.1 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. 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) Chairpergon 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) PreGident/Chi f 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) vic-eChairperson. In the absence or disability of - 12 - 99092'7 11393-00001 eeh 0102701.1 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. (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, Real 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. (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 or 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 - 13 - 990727 11393-00001 eeh 0102701.1 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 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 - 14 - 990727 11393-00001 eeh 0102701.1 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 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 - 15 - 990727 11393-00001 eeh 0102701.1 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 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 - 16 - 990727 11393-00001 eeh C102701.1 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. 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 8.01 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. - 17 - 990727 11393-00001 eeh 0102701.1 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, including the trust funds, of the 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 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). - 18 - 990727 11393-00001 eeh 0102701.1 (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 - 19 - 990727 11393-00001 eeh 0102701.1 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. - 20 - 990727 11393-00001 eeh 0102701.1 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, (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 number; - 21 - 990727 11393-00001 eeh 0102701.1 (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. - 22 - 990727 11393-00001 eeh 0102701..1 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 - 23 - 990727 11393-00001 eeh 0-.02701.1 Corporation all rights incident to any and all shares of any 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. - 24 - 990727 11393-00001 eeh 0102701.7. 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 990727 11393-00001 eeh 0102701.1 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO� TO: Honorable Mayor and Members of the City Council MEETING DATE: August 3, 1999 REPORT DATE: July 28, 1999 FROM: Terrence L Belanger, City Manager TITLE; Ordinance No. 10 (1999): An Ordinance of the City of Diamond Bar Amending Chapter 18.108 of Title 18 of the Diamond Bar Municipal Code Adopting Amendments to Update the Minimum National Flood Insurance Program Requirements for Floodplain Management. SUMMARY: On July 20, 1999, the City Council approved for first reading Ordinance No.10 (1999) adopting amendments to update the Minimum National Flood Insurance Program Requirements for Floodplain Management. Congress passed the National Flood Insurance Act of 1968 establishing the National Flood Insurance Program (NFIP) to enable property owners to purchase insurance protection against losses from flooding. Community participation in the NFIP is based on an agreement with the Federal Emergency Management Agency (FEMA) that the community will implement and enforce measures to reduce future flood risks to new construction in flood -prone areas. By doing this, the community would be provided with available flood insurance as financial protection against flood losses in the special flood zone areas. There are two areas so noted in Diamond Bar (Attachment "'I"). The city's current floodplain management regulations are contained in Chapter 18.108 of the Diamond Bar Municipal Code adopted by Ordinance No. 30 (1989). The City of Diamond Bar became a participating city in the (NFIP) via Resolution No. 91-51 and the subsequent approval by FEMA on July 31, 1991. Community Assistance Visits (CAV) are also a part of the program for periodic contact and to assure compliance with current NFIP regulations. To date the City of Diamond Bar has had two Community Assistance Visits (CAV) with the last one conducted on October 26,1998, The amendments incorporated in Ordinance No. 10, 1999, implement the changes necessary for Diamond Bat's compliance to the minimum requirements and restrictions per the CAV and the FEMA Model Ordinance. RECOMMENDATION: It is recommended that the City Council approve for second reading by title only, waive full reading, and adopt Ordinance No. 10 (1999) amending Chapter 18.108 of Title 18 of the Diamond Bar Municipal Code to update the minimum National Flood Insurance Program requirements for Floodplain Management. LIST OF ATTACHMENTS: X Staff Report Public Hearing Notification _ Resolution(s) _ Bid Specification X Ordinance(s) Other EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the Resolution, ordinance or agreement been reviewed X Yes —No by the City Attorney? 2. Does the report require a majority or 415 vote? Majority 3. Has environmental impact been assessed? N/A _ Yes _ No 4. Has the report been reviewed by a Commission? N/A _ Yes _ No Which Commission? 5. Are other departments affected by the report? X Yes —No _ Report discussed with the following affected departments: Building & Safety Division REVIEWED BY: Terrence L. Belange James DeStefano City Manager Deputy City Manager David G. Liu Deputy Director of Public Works O1 Cilti�} O� �N l PN G P� ulICOI ,!1 i 1 Alli -- f y, = Y • 1 w 'I'll MAP 500 -Year Flood Eoundar ------ — 100 -Year Flootl Eounda – --- -- ZONE B Zone Desi )n '- Wttl DATE Date of Identif cation e -g-, 12/2/74 ZONE AS 100 -Year Flooc Bounda ------ DATE 500 -Year Flooc ZONE B Bounda 1 J Base Flood Ele%at on Lir t With Elevation n Feet" — Base Flood Elevat on in 'tel ;P' a Where Uniform W thin Zr, 573 IEL987) Elevation Referyn.ie Mar: RM7X River Mile • M1.5 Referenced to the Nat cnal Geodetic Vertical Datum of 1929 *EXPLANATION OF ZONE DESIGNATIONS ZONE EXPLANATION A Arras of 1 )U -v car flood; base lood elevauon> and flood hazare actors not determined AO Areas of 100- ,,; shallow flooding where ucpth, are between one ( 1 ) and three (3) feet; average depths of inundation are shown, but no flood hazard factors are determined. AH Areas of 100-N ea' snallov. Iloodme where depths are between one i1 and three (3) tees; base flood elevations are .tro,,n. but no flood hazard tactors are determined. Al -A30 Areas of 100-vicer flood; base flood elevations and flood hazard tactors determined. A99 Areas of 100-vear flood to he protected bs flood protection ,vstem under construction; base flood elevations and tl000 hazard factors not determined. B Areas between limits of the 100 -year flood and 500- vear flood; or certain areas subject to 100-vear flood- ing with average depths less than one (1 ) toot or where the contributive drainage area is less than one square mile; or areas protected bs levees from the base flood. (Medium shading; C Areas of minimal flooding. (No shading) D Areas of undetermined, but possible, flood hazards. V Areas of 100 -year coastal flood with velocity (wave action); base flood elevations and flood hazard factors not determined. V1 -V30 Areas of 100 -year coastal flood with velocit% (wave action); base flood elevations and flood hazard factors determined. NOTES TO USER \ Certain areas not in the special flood hazard areas (zones A and V) may be protected by flood control structures. This map is for flood insurance purposes only; it does not neces- sarily show all areas subject to flooding in the community or all planimetric features outside special flood hazard areas. For adjoining map panels, see separately printed Index To %tap Panels. INITIAL IDENTIFICATION: OCTOBER 24, 1978 FLOOD HAZARD BOUNDARY VAP REVISIONS: ORDINANCE NO. 10 (1999) AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING CHAPTER 18.108 OF TITLE 18 OF THE DIAMOND BAR MUNICIPAL CODE ADOPTING AMENDMENTS TO UPDATE THE MINIMUM NATIONAL FLOOD INSURANCE PROGRAM REQUIREMENTS FOR FLOODPLAIN MANAGEMENT The City Council of the City of Diamond Bar does hereby ordain as follows: SECTION 1: Section 18.108.020. Definitions of Chapter 18.108 of the Diamond Bar Municipal Code (DBCC) is hereby amended by amending the definition of "Lowest Noor' and adding the definition of Substantial Damage" to read as follows: " "Lowest Noor" means the lowest floor of the lowest enclosed area, including basement (see "Basement" definition). 1. An unfinished or flood resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided it conforms to applicable non -elevation design requirements, including, but not limited to: a. The anchoring standards in Section 18.108.130(1). b. The construction materials and methods standards in Section 18.108.130(2). C. The wetfloodproofing standard in Section 18.108.130(3). d. The standards for utilities in Section 18.108.140. 2. For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements (see "Basement" definition). This prohibition includes below -grade garages and storage areas. Substantial Damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred." SECTION 2: Section 18.108.120(4)a. of Chapter 18.108 of the DBCC is hereby amended to read as follows: "a. The certification required in Section 18.108.130(3)a. (lowest floor elevations);" SECTION 3: Section 18.108.130(3) of Chapter 18.108 of the DBCC is hereby amended to read as follows: "(3) Elevation and floodproo8ng. (See definitions for "basement," "lowest floor," "new construction," "substantial damage" and "substantial improvement".) Standards for elevation and floodproofing are as follows: . a. New construction and substantial improvement of any structure shall have the lowest floor, including the basement, elevated to or above the base flood elevation. Nonresidential structures may meet the standards in subsection (3)c of this section. Upon the completion of the structure the elevation of the lowest floor, including the basement, shall be certified by a registered professional engineer or surveyor, and verified by the community building inspector to be properly elevated. Such certification or verification shall be provided to the Floodplain Administrator. b. New construction and substantial improvement of any structure in zone AO shall have the lowest floor, including the basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM, or at least two feet, if no depth number is specified. Nonresidential structures may meet the standards in subsection (3)c of this section. Upon the completion of the structure the elevation of the lowest floor, including the basement, shall be certified by a registered professional engineer or surveyor, and verified by the community building inspector to be properly elevated. Such certification or verification shall be provided to the Floodplain Administrator. C. Nonresidential construction, new or substantial improvement, shall either be elevated in conformance with subsection (3)a. or (3)b. of this section or, together with attendant utility and sanitary facilities: I . Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; 2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and 3. Be certfied by a registered professional engineer that the standards of this subsection are satisfied. Such certifications shall be provided to the Floodplain Administrator. d. Require, for all new construction and substantial improvements, that fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this Pa requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: 1. Either a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwaters; or e. Manufactured homes shall also meet the standards in Section 18.108.160." SECTION 4: Section 18.108.150 (b) of Chapter 18.108 of the DBCC is hereby amended to read as follows: follows: follows: "(b) All final subdivision plans will provide the elevation of proposed structures and pads. If the site is filled above the base flood, the lowest floor and pad elevations shall be certified by a registered professional engineer or surveyor and provided to the Floodplain Administrator." SECTION 5: Section 18.108.200(f) of Chapter 18.108 of the DBCC is hereby amended to read as "(f) The Floodplain Administrator will maintain a record of all variance actions, including justification of their issuance, and report such variances issued in its biennial report submitted to the Federal Insurance Administration, Federal Emergency Management Agency." SECTION 6: Section 18.108.210 (f) of Chapter 18.108 of the DBCC is hereby amended to read as "(f) Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100 of insurance coverage. Such construction below the base flood level increases risks to life and property; therefore, a copy of the notice shall be recorded by the floodplain board in the office of the county recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land." SECTION 7: The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this revision shall remain in full force and effect. SECTION 8: The City Clerk shall certify to the passage of this Ordinance and shall cause this Ordinance to be posted in three (3) public places within the City of Diamond Bar within fifteen (15) days after its passage in the manner prescribed by Resolution No. 89.6, ADOPTED AND APPROVED THIS DAY OF ,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 Council of the City of Diamond Bar held on this _ day of ,1999, and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the _ day of , 1999, by the following vote: AYES: NOES: ABSENT: ABSTAINED: D:\YVORD-LINDA\ORDINANC\flooddra.fl COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: ATTEST: City Clerk of the City of Diamond Bar 4 CITY OF DIAMOND BAR c�C LND� IT�i�ORT TO: Honorable Mayor and Members of the City Council MEETING DATE: August 3, 1999 REPORT DATE: July 28, 1999 FROM: Terrence L. Belanger, City Manager AGENDA NO. t • t TITLE: A REQUEST FOR AN EXTENSION OF TIME FOR TENTATIVE PARCEL MAP NO. 23382, CONDITIONAL USE PERMIT NO. 92-1, AND OAK TREE PERMIT NO. 95-2 FOR PROPERTY LOCATED IN THE 3000 BLOCK OF STEEPLECHASE LANE. SUMMARY: Mr. Warren Dolezal is the owner of a 2.55 acre site located in the 3000 block of Steeplechase Lane. In June 1995 the City approved Tentative Parcel Map No. 23382, Conditional Use Permit No. 92-1, and Oak Tree Permit No. 95-2 for the purpose of retaining the existing oak tree and subdividing the property into four lots. In September 1998 the City Council denied a request to extend the land use approvals and remove the oak tree. Mr. Dolezal filed an action in Superior Court to overturn the City denial. The City and Mr. Dolezal agreed to settle the dispute in April 1999. Mr. Dolezal has filed for an extension of time, reducing the project parcel map from four to three lots, and will preserve the existing oak tree. On July 27, 1999, the Planning Commission recommended approval of the requested extension of time, lot reduction and tree preservation. RECOMMENDATION: It is recommended that the City Council open the public hearing, receive testimony , close the public hearing and direct staff to prepare a resolution of approval. LIST OF ATTACHMENTS: X Staff Report _ Resolutions _ _ Ordinances Agreements EXTERNAL DISTRIBUTION: Applicant SUBMITTAL CHECKLIST: Public Hearing Notification Bid Specification (on file in City Clerk's Office) 1. Has the resolution, ordinance or agreement been reviewed Yes No by the City Attorney? n/a 2. Does the report require a majority vote? X Yes No 3. Has environmental impact been assessed? X Yes No 4. Has the report been reviewed by a Commission? X Yes No Which Commission? Planning Commission 5. Are other departments affected by the report? X Yes No Report discussed with the following affected departments: Public Works Division REVIEWED Te ence L. Belang City Manager James DeStefano Deputy City Manager City of Diamond Bar CITY COUNCIL REPORT REPORT DATE: MEETING DATE: CASE/FILE NUMBER: APPLICATION REQUEST PROJECT LOCATION: PROPERTY OWNER/ APPLICANT: Agenda Item No. July 28, 1999 August 3, 1999 Tentative Parcel Map No. 23382, Conditional Use Permit No. 92-1, and Oak Tree Permit No. 95-2. A request for a one year extension of time for the referenced permits and a reduction of lots from four to three. 3000 Block of Steeplechase Lane between Hawkwood Road and Wagon Train Lane Warren Dolezal 4251 S. Higuera Street San Luis Obispo, CA 93401 SUMMARY: Mr. Warren Dolezal is the owner of a 2.55 acre site located in the 3000 block of Steeplechase Lane. In June 1995, the City approved Tentative Parcel Map No. 23382, Conditional Use Permit No. 92-1, and Oak Tree Permit No. 95-2, for the purpose of retaining the existing oak tree and subdividing the property into four lots. In September 1998, the City Council denied a request to extend the land use approvals and remove the oak tree. Mr. Dolezal filed an action in Superior Court to overturn the City denial. In April 1999, the City and Mr. Dolezal entered into a Settlement Agreement. Mr. Dolezal has filed for an extension of time, reducing the project parcel map from four to three lots, and will preserve the existing oak tree. On July 27, 1999, the Planning Commission recommended approval of the requested extension of time, lot reduction and tree preservation. BACKGROUND: This matter is before the City Council result Dollement ezal Family Partnership. reement nd between the City of Diamond Bar and the DolezalCompany y and the Mr. Warren Dolezal is the owner of property located in the 3000 block of Steeplechase Lane. On June 20, 1995, the City approved the owners application for Tentative Parcel Map No. 23382, Conditional Use Permit No. 92-1, and Oak Tree Permit No. 95-2, for the subdivision of the 2.55 acre site into four residential lots and retention of an existing oak tree. In 1998, the applicant requested an extension of time for the referenced permits and the removal of the existing oak tree. In July 1998, the Planning Commission recommended approval subject to a tree replacement schedule as set forth in the recommendations. In September 1998, the City Council subsequently denied the request for the extension of time and tree removal. Mr. Dolezal subsequently filed an action in Superior Court seeking to overturn the denial. On April 20, 1999, the parties entered into a Settlement Agreement approved by City Council. On May 17, 1999, a Stipulation and Order was entered by the Court. Upon notification of the Court's Order, a public hearing was scheduled to consider the amended map and the request for an extension. The Planning Commission concluded its public hearing review of the applications on July 27, 1999. DISCUSSION: Pursuant to terms of the Settlement Agreement, the parcel map has been modified to reduce the number of parcels from four to three. In addition, the existing oak tree will be preserved. The proposed lot sizes range from .800 acres to .929 acres. Revised conditions to the map are necessary to reflect the modifications and adjust the lot lines as proposed, to assure the protection and preservation of the existing large oak tree, and that access to each lot is identified. Grading quantities remain the same as previously proposed. In June 1999, the revised proposal and extension requests were brought before the Planning Commission. The Commission recommended that the City Council approve the request for an extension. The current request promotes the retention of the oak tree and reduces the development by 25 percent, from four lots to three. Staff recommends that upon conclusion of the public hearing and City Council deliberation, the staff be directed to prepare a resolution of approval with appropriate map revisions and or conditions of approval responding to the issues outlined within this report including a one year extension of time, reduction of the project from four to three parcels, and retention of the oak tree. ENVIRONMENTAL ASSESSMENT: Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City has determined that the previously adopted Mitigated Negative Declaration remains appropriate for this project and no further environmental review is required. PUBLIC HEARING NOTICE: As required by Chapter 22.72 of the Development Code, on July 22, 1999, notice of the proposal was published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin. In addition, a Notice of Public Hearing was mailed to approximately 82 property owners located within 500 feet of the project site. RECOMMENDATION: It is recommended that the City Council conduct the public hearing, discuss the proposal and direct staff to prepare a resolution of approval. Attachments: 1. Planning Commission Resolution No, 99-18 2. Planning Commission Meeting Minutes of June 22, 1999, and July 13, 1999 3. Stipulation and Order, dated May 17, 1999 4. Settlement Agreement, dated March 15, 1999 5. City Council Agenda Report and City Council Report, dated August 24, 1998 6. Country Estates Agreement, dated April 16, 1999 7. Report from Pilkerton Consultants, Inc., dated April 2, 1999 8. City Council Resolution No. 95-36 9. City Council Resolution No, 95-37 10. Mitigated Negative Declaration 95-2, and Mitigation Monitoring Program, dated March 1995 11. Three Lot Parcel Map 12 Three Lot Grading Plan 13. Four Lot Parcel Map PLANNING COMMISION RESOLUTION NO. 99-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING THAT THE PLANNING COMMISSION APPROVE A ONE YEAR EXTENSION OF TIME FOR TENTATIVE PARCEL MAP NO. 23382, CONDITIONAL USE PERMIT NO. 92-1, AMENDED OAK TREE PERMIT NO. 95-2, AMENDED MITIGATED NEGATIVE DECLARATION NO. 95-2 AND AMENDED MITIGATION MONITORING PROGRAM. THE PROJECT SITE IS LOCATED IN THE 3000 BLOCK (NORTH SIDE) OF STEEPLECHASE LANE, AT THE TERMINUS OF HAWKWOOD ROAD, DIAMOND BAR, CALIFORNIA. A. RECITALS. The property owner/applicant, Warren Dolezal of The Dolezal Family Limited Partnership, has filed an application for a one year extension of time for Tentative Parcel Map No. 23382, Conditional Use Permit No. 92-1 and Oak Tree Permit No. 95-2. The request includes an amendment to reduce the number of lots from four to three. The project site is located at the 3,000 Block (north side of Steeplechase Lane, at the terminus of Hawkwood Road), Los Angeles County, California, as described above in the title of this Resolution. Hereinafter in this Resolution, the subject Extension of Time, Oak Tree Permit, Negative Declaration and Mitigation Monitoring Program shall be referred to as the "Application". 2. On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal corporation of the State of California. Thereafter, the City Council of the City of Diamond Bar adopted its Ordinance No. 14 (1990), thereby adopting the Los Angeles County Code, as the ordinances of the city of Diamond Bar. Title 21 and 22 of the Los Angeles County Code contain the Development Code of the County of Los Angeles now currently applicable to development applications, including the subject Application, within the City of Diamond Bar. 3. Action was taken on the subject application as to the consistency with the General Plan. It has been determined that the Applications are consistent with the General Plan. 4. On June 22, July 13, and July 27, 1999, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. On June 1, 1999, notification of the public hearing for this project was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. g l\peresolutions\tpm233821u1y271999mtg doc On June 1, 1999, eighty-two property owners within a 500 foot radius of the project site were notified by mail. B RESOLUTION. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Pursuant to the guideline of the California Environmental Quality Act (CEQA), Mitigated Negative Declaration No. 95-5 was prepared and adopted by the City Council on June 20, 1995, along with the approval of Tentative Parcel Map No. 23382, Conditional Use Permit No. 92-1, Oak Tree Permit No. 95-2 and the Mitigation Monitoring Program. Pursuant to CEQA Section 15164, and addendum has been prepared in order to address issues related to the reduction of the map from four to three lots. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The Application relates to a project originally approved by the City Council on June 20, 1995. The .approved project would subdivide a 2.55 acre parcel into four residential lots for the eventual development of four -custom single family residences ranging from approximately 4,000 to 8,000 square feet. The Application has been amended to reduce the subject property to three parcels. Lots will vary in size from .800 to .929 acres. (b) The project site has a General Plan Land Use designation of Low Density Residential -Maximum 3 Dwelling Units Per Acre (R-1-3DU/Acre). It is zoned Single Family Residential -Minimum Lot Size 8,000 Square Feet (R-1-8,000). (c) Generally, the following zones surround the project site: To the north is the R-1-20,000 Zone and the Commercial -Recreational (C-R) Zone; to the south is the R-3-8,000 Zone; to the east is the R-1-20,000 Zone; and to the west is the R-1-9,000 Zone. (d) The extension of time request does not alter the map's design or any standards or conditions of approval related to the subdivision or the Conditional Use Permit. (e) The proposed construction or proposed use will be accomplished without endangering the health of the remaining tree on the subject property. The project site contains one oak tree located on the side property line shared by Lots 2 and 3. The proposed construction or proposed use will be accomplished without endangering the health of the remaining tree. Based on the findings and conclusions set forth above; the Planning Commission hereby approves the Application subject to the following conditions: (a) Tentative Parcel Map No. 23382 shall be developed in substantial conformance to plans dated July 27, 1999, labeled Exhibit "A" and Exhibit "B" - Mitigation Monitoring Program dated March 1995, as submitted and approved by the Planning Commission. (b) The site shall be maintained in a condition that is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City.to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) All conditions of approval listed within City Council Resolution No. 95-36 and Resolution No. 95-37 shall remain in full force and effect unless amended as a part of this action. (d) Condition 5.B (5) of City Council Resolution Nos. 95-36 and 95-37, shall be amended to read as follows: The Applicant/Subdivider, at Applicant/Subdivider's sole cost and expense, shall construct all required improvements on his property. If any required improvements on his property have not been completed by Applicant/Subdivider and accepted by the City prior to the approval of the parcel map, Applicant/Subdivider shall enter into a subdivision agreement with the City and shall post the appropriate security, guaranteeing completion of the improvements, prior to parcel map approval. (e) Applicant shall protect and preserve the existing oak tree pursuant to the City's Oak Tree Permit process and as follows: chain link fencing, with a minimum height of 4 -feet, shall be installed 10 -feet outside the tree's drip line. Fencing shall be installed and shall remain during the construction of the homes on Lots 2 and 3. Fencing shall not be removed until each home has received final Planning Division inspection or Certificate of Occupancy. (f) The existing oak tree shall be maintained in perpetuity. At the Applicant's expense, the existing oak tree shall be monitored for a 5 -year period, and the Applicant shall submit to the City inspections and reports prepared by a certified and licensed landscaper, arborist, or biologist, who has been approved by the City. The first year inspections shall occur quarterly; the second year semi annually; and the third, fourth, and fifth year, annually. (g) Planting material which may be installed within the oak tree drip line shall be drought tolerant only. Irrigation installed, if any, within this area shall be appropriate for drought tolerant planting material. (h) The future homeowners, shall receive a "Buyers' Awareness" Package at escrow, with a signed receipt from the future homeowner, submitted to the City, acknowledging the future homeowner's receipt of the package. This package shall include proper care and maintenance of the oak tree. (i) The Applicant shall provide proof of access to the site, through the Country Estates, for review and approval by the City Attorney prior to final map. (j) The Applicant shall cooperate in the placement and construction of the emergency gate and related access to be located at the terminus of Hawkwood Road and Steeplechase Lane. (k) The Applicant shall fund the cost of all roadway modifications at the terminus of Hawkwood Road resulting from construction of the emergency gate access. (1) The proposed grading and building envelopes as shown on the rough grading plan shall be modified to ensure the protection and preservation of the existing oak tree. A grading permit shall not be issued until said modifications have been reviewed and approved by the City Engineer and Deputy City Manager. (m) The tentative parcel map shall be revised to the satisfaction of the City Engineer, to ensure that no grading or construction of any kind occurs within a minimum of 10 -feet from the drip line of the oak tree. (n) Prior to recordation of the final map, the Applicant shall cause the preparation of a tree pruning and maintenance program by a professional licensed arborist. Tree pruning and maintenance shall be provided to promote the health and natural growth of the oak tree and shall be provided in accordance with standards developed by the arborist, as 4 approved by the City. The existing oak tree shall be protected and preserved at all times. (o) A bond or other security (as approved by the City Attorney) shall be submitted to ensure the permanent protection and preservation of the existing oak tree. The monetary value of the bond shall be determined by the formula developed by the Council of Tree and Landscape Appraisers, or equivalent organization, as approved by the Deputy City Manager and Community Services Director. (p) This grant is valid for one year from April 20, 1999, to April 20, 2000, and shall be exercised (i.e., construction started) or extended within that period or the grant shall expire. (q) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, with the City of Diamond Bar Community and Development Services Department, an affidavit stating that they are aware of and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees. (r) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, .a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and fine that the Department determines to be owed. The Planning Commission shall: (a) Certify to the adoption of this Resolution, and (b) Forthwith transmit a certified copy of this Resolution, by certified mail,. to: Warren Dolezal, The Dolezal Family Limited Partnership, 4251 S. Higuera Street, San Luis Obispo, CA 93401. APPROVED AND ADOPTED THIS 27TH DAY OF JULY, 1999, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR LOM Steve Tye, Chairman I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 27th day of July, 1999, by the following vote: AYES: Tye, Kuo, McManus, and Ruzicka NOES: None ABSENT: Nelson ABSTAIN: None ATTEST: James DeStefano, Secretary MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION JULY 13, 1999 CALL TO ORDER: Chairman Tye called the meeting to order at 7:00 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 Kuo. ROLL CALL: Present: Chairman Steve Tye, Vice Chairman Steve Nelson, and Commissioners George Kuo, and Joe Ruzicka. Commissioner Joe McManus was excused from the meeting. Also Present. James DeStefano, Deputy City Manager, and Stella Marquez, Administrative Secretary. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None APPROVAL OF AGENDA: As presented. CONSENT CALENDAR: Minutes of June 22, 1999. C/Ruzicka moved, C/Kuo seconded, to approve the minutes of June 22, 1999, as presented. Motion carried 4-0 with C/McManus being absent. OLD BUSINESS: None N E«' BUSINESS: None CONTINUED PUBLIC HEARING: 1. Tentative Parcel Map No. 23382, Conditional Use Permit No. 92-1, and Oak Tree Permit No. 95-2 is a request for a one year extension of time for the referenced permits and a reduction of lots from four to three. (Continued from June 22, 1999.) PROJECT ADDRESS: 3000 Block of Steeplechase Lane between Hawkwood Road and Wagon Train Lane Diamond Bar, CA 91765 JULY 13, 1999 PROPERTY OWNER/ APPLICANT: PAGE 2 Warren Dolezal 4251 S. Higuera Street San Luis Obispo, CA 93401 DCM/DeStefano presented staffs report. Staff recommends that the Planning Commission re -open the public hearing, receive public testimony, discuss the proposal, and continue the public hearing to July 27, 1999. Chair/Tye re -opened the Public Hearing. There was no one present who wished to speak on this item. C/Ruzicka moved, VC/Nelson seconded, to continue the Public Hearing to July 27, 1999. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES. COMMISSIONERS ABSENT. COMMISSIONERS PLANNING COMMISSION COMMENTS Kuo, Ruzicka, VC/Nelson, Chair/Tye None McManus None INFORMATIONAL ITEMS: CM/DeStefano stated that at its July 6, 1999, meeting, the City Council established a Code Enforcement Subcommittee with Mayor Chang and Mayor Pro Tem O'Connor serving The Subcommittee will present its recommendations to the City Council in about three months. SCHEDULE OF FUTURE EVENTS: -%s listed in the agenda. ADJOURNMENT: There being no further business to come before the Planning Commission, Chair/Tye adjourned the meeting at 7 11 p.m in memory of Steve Tamaya. Respectfully Submitted, jV4q-2_p lames DeStefano Deputy City Manager Attest t — F" ____ Steve ve Chairman MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION JUNE 22, 1999 CALL TO ORDER: Chairman Tye called the meeting to order at 7:02 p.m. in the South Coast Air Quality Management Auditorium, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Vice Chairman Nelson. ROLL CALL: Present: Chairman Steve Tye, Vice Chairman Steve Nelson, and Commissioners George Kuo, Joe McManus and Joe Ruzicka. Also Present: James DeStefano, Deputy City Manager, Ann Lungu, Associate Planner; Linda Smith, Development Services Assistant, Sonya Joe, Development Services Assistant, and Stella Marquez, Administrative Secretary. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None APPROVAL OF AGENDA: As presented. CONSENT CALENDAR: Minutes of June 8, 1999. VC/Nelson moved, C/McManus seconded, to approve the minutes of June 8, 1999, as presented. Motion carried 5-0. OLD BUSINESS: None NEW BUSINESS: None 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 a hand -wash automated car wash. The car wash will consist of the following: A wash tunnel, approximately 2,402 square feet; 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 June 8, 1999.) PROPERTY ADDRESS: 515 S. Grand Avenue, Diamond Bar, CA 91765 JUNE 22, 1999 PAGE 2 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 approve Conditional Use Permit No. 98-7, Development Review No. 98-12, Variance No. 99-2, Negative Declaration No. 99-3, Addendum to Negative Declaration No. 99-3, Finding of Facts, and conditions of approval as listed within the resolution. Bill Schubert thanked staff and the Commission for their patience in this matter. He stated that Mr. Tachdjian read staffs report and is willing to abide by the conditions of approval. If the footing of the existing 10 to 12 foot high block wall was adequate, the wall would be cut down at a certain point and the structure would be built on top of that wall. The footing is probably not adequate so the wall will be removed and a new foundation constructed with the structure built on top of the new foundation. The elevation shown on the drawings is in response to staffs request. In response to Chair/Tye, Bill Schubert stated that Honda employs 60-65 full and part time people, all of whom are not present at any one time. AssocP/Lungu is correct in stating that Old Brea Canyon Road has become an overflow parking area due to the lack of display space for new vehicles. VC/Nelson asked for confirmation that the building top inflatable is a necessary sales advantage. Mr. Tachdjian responded that the inflatable is used periodically for sales promotion and it does draw activit, and traffic resulting in sales for Honda. Chair/Tye re -opened the public hezring. There was no one present who wished to speak on this item. Chair/Tye closed the public hearing. Chair/Tye asked if it is possible for the applicant to construct a cascading retaining wall to accommodate vegetation and soften the 18 foot wall. AssocP/Lungu indicated that a cascading retaining wall is possible. However, a crib wall installed on an angle requires more room at the base due to the angle that a crib wall is constructed which would likely take away a portion of the "kiss -off' lane. The applicant is proposing to install a planter area with trees in front of the standard type block wall. Mr. Schubert stated that what Chair/Tye is requesting is very difficult to accomplish. A reasonable alternative would be to plant climbing vines at the base of the wall. The wall is not visible from the freeway. He pointed out that the wall is barely visible from the eastbound freeway. Display vehicles will likely hide the view from the freeway. He indicated to Chair/Tye that the applicant will attempt to soften the wall to the greatest extent possible. C/McManus moved, VC/Nelson seconded, to approve Conditional Use Permit No. 98-7, Development Review No. 98-12, Variance No. 99-2, Negative Declaration No. 99-3, Addendum to Negative Declaration JUNF.22, 1999 PAGE 3 No. 99-3, Finding of Facts, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS ABSTAIN: COMMISSIONERS PUBLIC HEARING: Kuo, McManus, Ruzicka, VC/Nelson, Chair/Tye None None None 1. Tentative Parcel Map No. 23382, Conditional Use Permit No. 92-1, and Oak Tree Permit No. 95-2 is a request for a one year extension of time for the referenced permits and a reduction of lots from four to three. PROJECT ADDRESS: 3000 Block of Steeplechase Lane between Hawkwood Road and Wagon Train Lane Diamond Bar, CA 91765 PROPERTY OWNER/ Warren Dolezal APPLICANT: 4251 S. Higuera Street, San Luis Obispo, CA 93401 DCM/DeStefano presented staffs report. Staff recommends that the Planning Commission receive a presentation from the applicant, open the public hearing and receive public testimony, discuss the proposed extension and modifications, and direct staff to prepare a resolution of approval for consideration on July 13, 1999. Warren Dolezal pointed out that the easement for ingress and egress over Steeplechase Lane and Shadow Canyon Drive in Tract No. 30289 and Diamond Bar Country Estates per document was recorded April 16, 1999. He stated that there is no intention to change any of the grade around the oak tree. The intent has always been to save the tree. The emergency access is paved and maintenance and liability is the responsibility of the Las Brisas Homeowners Association. Mr. Dolezal responded to C/McManus that the oak tree will not be disturbed by construction. Mr. Dolezal indicated that the original survey placed the oak tree in the wrong location. When the error was discovered, it placed the tree in the middle of one of the lots. Because of geological conditions, the City Engineer determined that the tree should be removed which was in conflict with staffs proposal and the Commission and Council's desires. Council Member Ansari's suggestion for three larger lots saved the tree. Chair/Tye opened the public hearing. There was no one present who wished to speak on this item. Chair/Tye continued the public hearing to Tuesday, July 13, 1999. Mr. Dolezal responded to Chair/Tye that his understanding is that the one year extension will take effect upon City Council approval. JUNE 22, 1999 PAGE 4 DCM/DeStefano referred the Commission to Section 3, page 3, of the Settlement Agreement which discusse- the extension of time for one year from the date of this agreement. He said he will seek advice from counsa regarding the actual date. C/McManus moved, C/Kuo seconded, to direct staff to prepare a Resolution of Approval for a one year extension of time for Tentative Parcel Map No. 23382, Conditional Use Permit No. 92-1, and Oak Tree Permit No. 95-2, in accordance with staffs recommendations. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Kuo, McManus, Ruzicka, VC/Nelson, Chair/Tye NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None Development Review No. 99-4 (pursuant to Code Section 22.48) is a request to construct a two-story office building of approximately 18,400 gross square feet. PROJECT ADDRESS: 1315 S. Valley Vista Drive, (Lot 5 of Tract No. 39679) Diamond Bar, CA 91765 PROPERTY OWNER: Diamond Bar Business Associates c/o AEW Capital Management, LP 601 S. Figueroa, Suite 2150, Los Angeles, CA 90017 APPLICANT: Bernard Abrams 750 N. Diamond Bar Boulevard, Diamond Bar, CA 91765 AssocPlLungu presented staffs report. Staff recommends that the Planning Commission approve Development Review No. 994, Negative Declaration No. 99-5, Findings of Fact, and conditions of approval as listed within the resolution. Allen Smith, Southwest Design; stated that the property owner and applicant have reviewed staffs report and accept the Conditions of Approval. Allen Smith responded to C/McManus that the applicant proposes to have one street sign and one building sign with freeway visibility. Chair/Tye opened the public hearing. There was no one present who wished to speak on this item. Chair/Tye closed the public hearing. C/McManus moved, VC/Nelson seconded, to approve Development Review No. 994, Negative Declaratior No. 99-5, Findings of Fact, and conditions of approval as listed within the resolution. AYES: COMMISSIONERS: Kuo, McManus, Ruzicka, VC/Nelson, Chair/Tye NOES: COMMISSIONERS: None JUNE 22, 1999 PAGE 5 ABSENT: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None PLANNING COMMISSION COMMENTS: Chair/Tye congratulated Mr. Kuo on his appointment as President of the Chinese Association. INFORMATIONAL ITEMS: DCM/DeStefano stated that the only public hearing item scheduled for July 13 is the continuation of the Dolezal Parcel Map project. He indicated that it appears to be a light summer for the Commission. The City Council approved the Fiscal Year 1999-2000 at its June 15 meeting which included approval for a one-half time Code Enforcement Officer for the City's Planning Division. This position will likely be utilized for evening and weekend hours. C/McManus asked if the City will become more proactive with respect to Code Enforcement. DCM/DeStefano stated that at its last meeting, the City Council elected to consider a Code Enforcement Subcommittee for review of this matter. DCM/DeStefano indicated to Chair/Tye that the October League of California Cities Annual Conference will be held in San Jose. This conference is generally attended by City Council Members in that it covers a broad range of topics that municipal governments and its leaders deal with on a regular basis. SCHEDULE OF FUTURE EVENTS: As listed in the agenda. DCM/DeStefano stated that the special City Council meeting on Tuesday, June 29, 1999, is for the sole purpose of the Council receiving the report from the Community/Civic Center Task Force. ADJOURNMENT: VC/Nelson moved, C/Kuo seconded, to adjourn the meeting. There being no further business to come before the Planning Commission, Chair/Tye adjourned the meeting at 8 40 p.m. Respectfully Submit J4aWsd, JaWs fan DeSteo Deputy City Manager Attest:,--,- Steve-Tye ttest:SteveTye Chairman ROBERT E. KNUDSEN Attorney at Law Telephone (909) 482-1086 Facsimile (909) 624-3918 121 North Harvard Avenue a mail Knudsenlaw@aol.com Claremont, California 9171,1 May 19, 1999 Michael Jenkins, Esq. Richards, Watson & Gershon 333 South Hope Street, 38`" Floor Los Angeles, CA 90071-1489 Re: Dolezal v. City of Diamond Bar By Facsimile and U.S. Mail Dear Mike: Enclosed is the stipulation and order. Judge Dukes has signed the order and set a non-appearance review date. Please proceed with scheduling the necessary hearings at your earliest convenience. If you have any questions or comments please call me. Sincerely, obert E. Knudsen REK:cl CC: Warren Dolezal (by facsimile, with enclosure) enc: Copy of stipulation and order 1 RICHARDS, WATSON & GERSHON A Professional Corporation 2 MICHAEL JENKINS (State Bar No. 81997) 333 South Hope Street, 38th Floor 3 Los Angeles, California 90071-1469 (2 13) 626-8484 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 DRIGi',,A,r FILED MAY 17 1999 Attorneys for Respondents THE CITY OF DIAMOND B�LOS A ��r�'' CITY COU14CIL • (JUn 1 ROBERT E. KNUDSEN (State Bar No. 144214) 121 North Harvard Avenue Claremont, California 91711 (909) 482-1086 IlAttorney for Petitioner THE DOLEZAL FAMILY LIMITED PARTNERSHIP SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES, EAST DISTRICT THE DOLEZAL FAMILY LIMITED ) PARTNERSHIP, } Petitioner, vs. ) CITY OF DIAMOND BAR, CITY OF ) DIAMOND BAR CITY COUNCIL and DOES 1) through 100, Inclusive, ) Respondents. j } Case No. KS005104 STIPULATION RE SETTLEMENT AND 1PAQPd&FBt ORDER THEREON Dept: R Hearing Date on Petition for Writ of Mandate: None Set The Honorable Robert Dukes, Judge Presiding Petition for Writ of Mandate Filed: December 11, 1998 (Filing Fee Exempt; GC § 6103) IT IS HEREBY STIPULATED by and between petitioner 24 Dolezal Family Limited Partnership and respondents City of Diamond 25 Bar and Diamond Bar Cit Council „ Y (collectively the "City,,) that: 26 1. Petitioner and the City wish to resolve this matter 27 without any further litigation and without any admission of RIC HARDS,28 liability by any party and have entered the settlement agreement WATSON & GERSHON kTTOr EYS AT LA_ '1- 0sn�7c, 990326 11393-00002 mtc STIPULATION RE SETTLEMENT AND 1PRO POSED1 ORDER THEREON 2 OW -12 5 6 7 B 9 10 11 12 13 14 15 16 17 18 i9 20 21 22 23 24 25 26 27 28 RICHARDS. WATSON & GERSHON WTT -EVD AT LAW nsnow7 attached hereto as Exhibit A. 2. The City shall schedule new public hearings before the City of Diamond Bar Planning Commission and the City Council to reconsider extension of a modified version of the subdivision map that is the subject of this action (Tentative Tract Map No. 22382), and accompanying Conditional Use Permit No. 92-1 and Oak Tree Permit No. 95-2. 3. Petitioner and the City shall each bear their own costs and fees incurred in connection with this action through and including the conclusion of the reconsideration hearings, except as otherwise provided in the settlement agreement. 4. Within 20 days after the City Council renders its decision on reconsideration, petitioner shall either dismiss the petition herein with prejudice or give written notice to the City of petitioner's intent to file an amended petition. If a dismissal with prejudice has not been filed within that 20 day period and no written notice of intent to file an amended petition has been given to the City within that period, this action shall be deemed dismissed with prejudice. Dated: heq�` 1,� 1999 Ric rds, Watso & Gershon Mi ha 1 raenkins� micnael Jengi'IZ4k, Attorneys for Respondent City of Diamond Bar and Diamond Bar City Council Dated: 1999 Robert E. Knudsen, Attorney for Petitioner Dolezal Family Limited Partnership -2- 990326 11393-00002 mtc STIPULATION RE SETTLEMENT AND (PROPOSEDI ORDER THEREON 2 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RICHARD$, WATSON & GERSHON %TTOmNeYe AT LAW O R D E R Good cause appearing therefor, IT IS SO ORDERED. ,vva 1T�i2 ► �' S Ef FVfZ Ald o! —Af r&+7 e -C / WI RJ M S.�I t O J 4 DATED: MAY 17 ,rl ROBERT A. DUKES Judge of the Superior Court -3- ncmTa? II 990326 11393-00002 mt, STIPULATION R£ SETTLEMENT AND (PROPOSED) ORDER THEREON SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT (the "Agreement") is made and entered into and effective on /_ 1999 by and between THE CITY OF DIAMOND BAR, a municipal corporation, on behalf of itself, its City Council and its officers, agents -and employees (the "CITY") and THE DOLEZAL COMPANY, a California corporation, and the DOLEZAL FAMILY LIMITED PARTNERSHIP, a California limited partnership (collectively "Dolezal"). R E C I T A L S A. Dolezal is the owner of certain real property located in the City of Diamond Bar, California located along the northerly boundary of the 3000 block of Steeplechase Lane, and more fully described as Parcel 3 of Parcel Map 7409, recorded December 9, 1976 in Book 74, Pages 3 and 4 of Parcel Maps in the office of the County Recorder of Los Angeles County, California (the "Property"). B. On June 20, 1995 Dolezal obtained approval from the City of Tentative Parcel Map No. 22382, Conditional Use Permit No. 92-1 and Oak Tree Permit No. 95-2 for the purpose of subdividing the property into four residential lots (the "Land Use Approvals"). C. On September 15, 1998 by its Resolution No. 98-54 the Diamond Bar City Council denied Dolezal's application for an extension of the Land Use Approvals, thereby allowing them to expire. D. On or about October 23, 1998, Dolezal filed an action in the Superior Court of the State of California, East District of the County of Los Angeles, entitled The Dolezal Company v Diamond Bar Country Estates the City of Diamond Bar, et al., Case No. KCO29327, in which Dolezal alleges in relevant part that the City inversely condemned its property by denying it access to the property by way of Hawkwood Road, a public street. E. On or about December 14, 1998, the City filed its answer to the foregoing complaint denying the allegations contained therein. F. On or about December 11, 1998, Dolezal filed a second action in the Superior Court of the State of California, East District of the County of Los Angeles, a petition for writ of mandate entitled The Dolezal Family Limited Partnership v City of Diamond Bar City of Diamond Bar City Council et al Case No. KS005104, seeking to overturn the City's denial of the extension of time for the land use approvals (this petition and 990303 11393-00002 m] doleza12 0 the complaint referenced in Recital D hereinabove to be collectively referred to herein as "the Lawsuits"). G. The City denies the allegations contained in the petition for writ of mandate and contends that its denial of the extension of time of the referenced land use approvals was proper and supported by the evidence. H. Since filing the Lawsuits, Dolezal has negotiated an agreement with the Diamond Bar Country Estates Association providing, among other things, for a right of access over the streets controlled by the Association for the purpose of ingress and egress to the Property and for a reduction in the number of buildable lots on the Property from four to three. I. In light of the agreement referenced in Recital H hereinabove, the City Council of the City is willing to reconsider its decision denying an extension of time for the Land Use Approvals subject to fulfillment of the terms and conditions set forth in this Agreement. J. Though each party believes it will prevail if this matter proceeds to litigation, the terms contained in this Agreement offer a mutually satisfactory resolution of this dispute and serve to avoid the cost and uncertainty of litigation. K. The parties believe and intend that this Agreement and the various actions and transactions it contemplates will provide a fair, equitable and permanent resolution of the matters in contention described in the pleadings filed in the Lawsui (the "Dispute"). ts W I T N E S S E T H For good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, and in consideration of these premises and of the promises, agreements, representations, warranties, covenants, and conditions contained herein, the City and Dolezal hereby agree as follows: 1. Stipulation for Issuance of Alternative Writ of Mandate. Upon execution of this Agreement, counsel for the parties shall execute a stipulation for issuance of an Alternative Writ of Mandate in Case No. KS005104 in the form attached hereto as Exhibit A, solely and exclusively in order to allow the City Council to regain jurisdiction over Dolezal's request for extension of the Land Use Approvals. 2. Reimbursement of Filin Fees. Upon execution of this Agreement, Dolezal shall deliver to counsel for the City a 990303 11393-00002 mj dcleza12 0 - 2 - cashier's check in the amount of $5,020.74 made payable to the "City of Diamond Bar," representing the amount due and owing the City in processing costs for the processing of Dolezal's request for final map approval and previous extension request in 1998. 3. Consideration of Extension of Time for Amended Tract May. Upon issuance of the Alternative Writ by the Court, Dolezal shall file with the City an amended map containing a maximum of three lots and providing for preservation of the oak tree thereon, and a request for an extension of time for one year from the date of this Agreement of amended Tentative Parcel Map No. 22382, Conditional Use Permit No. 92-1 and Oak Tree Permit No. 95-2, accompanied by a cashier's check in the amount of $3,750, representing the City's usual filing fee deposit for processing an amended tract map and a fully executed copy of the agreement between Dolezal and the Diamond Bar Country Estates Association referenced in Recital H hereinabove. City shall expeditiously schedule public hearings before the Planning Commission and the City Council for reconsideration of the request. In the event the Court declines to issue the Alternative Writ, or the City Council denies the extension request, or the City Council approves the extension request subject to conditions which are unacceptable to Dolezal, or Dolezal has not entered into a binding agreement with the Diamond Bar Country Estates Association as referenced in Recital H hereinabove, then this Agreement shall be null and void and of no force and effect and City shall promptly refund to Dolezal the filing fees referred to above in this Paragraph 3. Otherwise it shall be enforceable and binding on the parties. Nothing herein, however, shall compel the City Council to act in any particular way on the application for extension of time. 4. Dismissal and Payment. In the event that the City Council approves Dolezal's extension request and amended map filed pursuant to this Agreement, Dolezal shall within twenty- four hours of the City Council's adoption of a resolution of approval file with the Superior Court a dismissal with prejudice of the Lawsuits, and deliver to counsel for the City a cashier's check in the amount of $4,544.63 made payable to the "City of Diamond Bar." The Mayor's execution of the resolution of approval shall be contingent upon performance by Dolezal and its counsel of the obligations of this paragraph. Counsel for Dolezal shall provide counsel for City with a conformed copy of the dismissal with prejudice within three (3)* days of receipt thereof from the Court. S. Waiver Of Attorneys' Fees.. With exception of the payment provided for in Paragraph 4, each party will bear its own costs, attorneys' fees and other costs and expenses incurred in connection with the Lawsuits, the Dispute and with respect to the preparation and execution of this Agreement. 990303 11393-00007 mJ doleza12 0 - 3 - 6. Release. Upon execution of this Agreement and performance of the obligations set forth in paragraphs 1 through 5 hereinabove, in consideration of the terms and provisions of this Agreement, and except for the obligations arising out of this Agreement, the parties shall and do hereby generally and specifically relieve, release, and forever discharge each other from any and all claims, debts, liabilities, demands, judgments, accounts, obligations, promises, acts, agreements, costs, expenses (including but not limited to attorneys, fees), damages, actions and causes of action, of whatsoever kind or nature, whether now known or unknown, suspected or unsuspected, based on, arising out of,. or in any connected with any conduct, act, omission or state of facts with respect to the Dispute and the Lawsuits. Each party expressly waives the provisions of Civil Code Section 1542, which reads: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." 7. Representations and Warranties. a. The parties hereto warrant and represent to each other that: (1) Each party hereto 'has received all corporate, partnership or other approvals necessary to enter into this Agreement on behalf of such party and that the person signing this Agreement on its behalf is fully authorized to commit and bind such party to each and all of the terms and conditions hereof. (2) Each party was duly represented by counsel in connection with this Agreement, and acknowledges that its officers have carefully read and reviewed this Agreement with counsel, and have freely and voluntarily entered into this Agreement of their own accord, and are not entering into this Agreement because of any duress, fear, or undue influence. (3) This Agreement is the result of protracted, arms' length negotiation between the parties. (4) Each party has full power, authority and capacity to release the claims which are the subject of this Agreement and has not previously transferred, assigned or encumbered any claims released herein to any other person or entity. (5) The parties to this Agreement mutually warrant and represent that no right, claim, cause of action or 990303 11393-00002 mJ dolezal2 0 - 4 demand, or any part thereof, which either of them has against each other and released herein has been assigned, granted or transferred in any way to any other person, entity, firm or corporation. (6) In"negotiating this Agreement, each party has made various representations to other parties and their attorneys. Nevertheless, each party specifically does not rely upon any statement, representation, legal opinion, accounting opinion, or promise of any other party in executing this Agreement, or in making the settlement provided for herein, except as expressly stated in this Agreement. (7) Each party hereto agrees that such party will not take any action which would interfere with the performance of this Agreement by any other party hereto or which would adversely affect any of the rights provided for herein. (8) The parties hereby covenant and agree not to bring any claim, action, suit, or proceeding against any other party hereto, directly or indirectly, regarding or related in any manner to the matters settled and released hereby, and further covenant and agree that this Agreement is a bar to any such claim, action, suit or proceeding. b. The warranties and representations set forth in this paragraph shall survive and shall continue following the execution and delivery of this Agreement. 8. No Admission of Liability or Waiver. The parties hereto expressly recognize that the terms and conditions of this Agreement constitute a compromise and settlement of disputed claims and an accord and satisfaction of the Dispute. Neither the Stipulation for issuance of an alternative writ of mandate nor this Agreement shall be construed in any manner as an admission by any party hereto of any liability of any kind to the other party, nor shall be it considered or interpreted as an assumption of any liability by either party. 9. Attorneys' Fees. Should any party bring any lawsuit to enforce or interpret the terms and provisions of this Agreement, or arising out of or related to this Agreement, whether pursued under contract or tort theories, the losing party in such action shall pay to the prevailing party, in addition to any other relief ordered by the court, the prevailing party's costs and expenses in connection with that action or litigation, including reasonable attorneys' fees and expert witness fees. The provisions of this section shall apply with equal force to any appeal of any decision rendered by a lower court, and any enforcement efforts undertaken in connection with such decision. 990301 11393-00002 mj doleza12 0 - 5 - 10. Governing Law. The laws of the State of California shall govern the validity, construction, interpretation and effect of this Agreement. 11. Notices. All notices to be given hereunder shall be in writing and shall be deemed to have been duly given, upon receipt, if delivered personally, or telecopied with receipt acknowledged, or mailed by certified mail, return receipt requested, or delivered by a recognized commercial carrier, to the parties at the.addresses set forth below, or at such other address as any party shall have .designated for itself by ten (10) days prior written notice to the other party: If to the CITY: Terrence Belanger City Manager City of Diamond Bar 21660 East Copley Drive Diamond Bar, CA 91765-4177 With a copy to: Michael Jenkins, Esq. Richards, Watson & Gershon 333 South Hope Street, 38th Floor Los Angeles, CA 90071-1469 (213) 626-8484 If to DOLEZAL: /-✓�9/1/��v 1�oc .�z,9 iG SAi✓.Uiis �G-�sco �s�9 5�3�0/ With a copy to: Robert E. Knudsen, Esq. 121 N. Harvard Avenue Claremont, CA 91711 12. Waiver. Modification and Amendment This Agreement may not be changed, modified or amended except by written instrument, specifying that it amends such 990303 11393-00002 mj dolez&12 0 - 6 - agreement and signed by the party against whom the enforcement of any waiver, change, modification, extension or discharge is sought. No provision hereof may be waived unless in a writing signed by all parties hereto. Waiver of any one provision shall not be deemed to be a waiver of any other provision herein. 13. Entire Agreement. This Agreement and the instruments executed and delivered herewith contain the sole and entire agreement andunderstanding of the parties with respect to the entire subject matter hereof, and any and all prior discussions, negotiations, commitments and understandings related hereto are hereby merged herein. No representations, oral or otherwise, express or implied, other than those contained in said documents have been made by any party hereto. No other agreements not specifically referred to herein, oral or otherwise, shall be deemed to exist or bind any of the parties hereto. 14- Fr nt is upon, and shall Ainure eto thedbenefit hof, Atheeheirs, executoment is r administrators, successors and assigns of the respective s, hereto and each of them. parties 15. Interpretation. This Agreement is deemed to have been prepared by all of the parties hereto, and any uncertainty or ambiguity herein shall not be interpreted against the drafter, but rather, if such ambiguity or uncertainty exists, shall be interpreted according to the applicable rules of interpretation Of contracts. 16. Exe_ c_ ution. This agreement may be executedin one or more counterparts, each of which shall be considered an original, but all of which together shall be deemed to constitute a single agreement. 17. Time of the essence. Time is expressly declared to be of the essence. 990303 11393-00002 mj doleza12 0 - 7 - 8 9 10 11 12 13 14 15 16 17 l8 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE STATE OF CALIFORNIA ' ) COUNTY OF IAS ANGELES ) I, the undersigned, say: I am and was at all times herein mentioned, etnployed in the County of Los Angeles, over the age of eighteen (18) years, and not a party to the within action or proceeding; that my business address is 121 North Harvard Avenue, Claremont, California; that on April 29, 1999, I served the within STIPULATION RE SETTLEMENT AND IPROPOSEDI ORDER THEREON on the interested party by depositing a true copy in a mailbox regularly maintained by the Government of the United States at Claremont, California, addressed to the attorneys or other representatives of record for said parties at the office address of said attorneys or representatives, as follows: Michael Jenkins City Attorney 21660 East Copley Drive Diamond Bar, CA 91765 Executed this 29n' day of April. 1999 at Claremont, California. Cecilia, pZ CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. 7 (_ Honorable Mayor an try Council MEETING DATE: September 1, 1998 REPORT DATE: August 24, 1998 FROM: Terrence L. Belanger, City Manager TITLE: Extension of Time for Tentative Parcel Map No. 23382, Conditional Use Permit No. 93-1. Oak Tree Permit No. 95-2 and Mitigated Negative Declaration No. 95-2. SUMMARY: Warren Dolezal of The Dolezal Family Limited Partnership is requesting approval of a one year extension of time for Tentative Parcel Map No 23382, Conditional Use Permit No. 93-1 and Oak Tree Permit No. 95-2 in order to subdivide 2.55 acres into four lots for the development of four detached single family residences.' The request also includes an amendment to the Oak Tree Permit for the removal and replacement of one oak tree. The project site is located in the 3000 Block (north side) of Steeplechase Lane, at the terminus of Hawkwood Road, adjacent to "The Country Estates". At the July 14, 1998 Planning Commission public hearing, the Commission recommended approval of the extension of time and the removal of one oak tree at a 20:1 replacement ratio. RECOMMENDATION: It is recommended that the City Council approve a one year extension of time for Tentative Parcel Map No. 23382, Conditional Use Permit No. 93-1, Amended Oak Tree Permit No. 95-2, Amended Mitigated Negative Declaration No. 95-2 and Amended Mitigation Monitoring Program. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification X Resolutions) _ Bid Specification Ordinance(s) _ Other: (see staff report attachments) Agreement(s) EXTERNAL DI R B . 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? X Yes _ No 4. Has the report been reviewed by a Commission? X Yes _ Which Commission? Planning Commission —No 5. Are other departments affected by the report? ?Yes No Report discussed with the following affected departments: _ Public Works Division REVIEWED BY: UM Terrence L. Belanger am fan City Manager Deputy city � anager CITY COUNCIL REPORT AGENDA NO. MEETING DATE: September 1, 1998 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT:' Extension of Time for Tentative Parcel Map No. 23382, Conditional Use Permit No. 93-1, Oak Tree Permit No. 95-2 and Mitigated Negative Declaration No. 95-2. ISSUE STATEMENT: Warren Dolezal of The Dolezal Family Limited Partnership is requesting approval of a one year extension of time for Tentative Parcel Map No. 23382, Conditional Use Permit No. 93-1 and Oak Tree Permit No. 95-2 in order to subdivide 2.55 acres into four lots for the development of four detached single family residences. The request also includes an amendment to the Oak Tree Permit for the removal and replacement of one oak tree. The project site is located in the 3000 Block (north side) of Steeplechase Lane, at the terminus of Hawk -wood Road, adjacent to "The Country Estates". At the July 14, 1998 Planning Commission public hearing, the Commission recommended approval of the extension of time and the removal of one oak tree at a 20:1 replacement ratio. RECOMMENDATION: It is recommended that the City Council approve a one year extension of time for Tentative Parcel Map No. 23382, Conditional Use Permit No. 93-1, Amended Oak Tree Permit No. 95-2, Amended Mitigated Negative Declaration No. 95-2 and Amended Mitigation Monitoring Program. FINANCIAL STATEMENT: N/A BACKGROUND: The property owner/applicant, Warren Dolezal, is requesting a one year extension of time for Tentative Parcel Map No. 23382, Conditional Use Permit No. 93-1 and Oak Tree Permit No. 95-2. The extension's purpose is to allow the property owner/applicant additional time to resolve outstanding issues and modify conditions related to the project approval. The project was first presented to the Planning Commission on April 24, 1995. On May 22, 1995, the Planning Commission recommended the project's approval to the City Council. On June 20, 1995, the City Council approved the project. The approved project will subdivide a 2.55 acre parcel into four residential lots for the eventual development of four custom single family residences ranging from 4,000 to 8,000 square feet. Lots will vary in size from .55 to .90 acres as delineated in the matrix below. 1 LOT NUMBER GROSS ACRES/ SQUARE FOOTAGE NET ACRES/ SQUARE FOOTAGE PAD ACRES/ SQUARE FOOTAvE 1 .90/39,204 .62/271.001 .14/6.098 2 .55/23;958 .55/23,958 .13/5,663 3 .55/23,958 .55/23,958 .15/6.534 4 .55/23,958 .55/23,958 .14/6.098 TOTAL 2.55/111,078 2.27/98,875 .56/24.393 The project site has a General Plan land use designation of Low Density Residential -Maximum 3 Dwelling Units Per Acre. (R-1-3DU/Acre). The project complies with the General Plan in that the proposed density is 1.56. dwelling units per acre. The project site is zoned Single Family Residential -Minimum Lot Size 8,000 Square Feet (R-1-8.000). The project complies with the zoning in that the minimum lot size is 23,958 square feet. Generally, the following zones surround the project site: to the north is the R-1-20,000 Zone and the Commercial - Recreational (C-R) Zone; to the south is the R-3-8,000 Zone; to the east is the R-1-20,000 Zone; and to the west is the R-1-9,000 Zone. ANALYSIS: Pursuant to the requirements of the Subdivision Map Act in existence at the time of the June 20, 1995 City Council approval, Tentative Parcel Map No. 23382 was valid for two years. During that two year period, it was required that the conditions of approval be satisfied or the tentative parcel map would expire. In 1996, the Subdivision Map Act was amended. At that time, if a map had not expired by May 14, 1996, it automatically was extended one year. Additionally, any permits issued in conjunction with a tentative map were not to expire earlier than the related map. As a result, Tentative Parcel Map No. 23382, Conditional Use Permit No. 93-1 and Oak Tree Permit No. 95-2 expiration date became June 20, 1998. Prior to the map's expiration, upon an application by the subdivider to extend the map, the map shall be automatically extended for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first. The extension of time request for this project was submitted before Tentative Parcel Map No. 23382, Conditional Use Permit No. 93-1 and Oak Tree Permit No. 95-2 expired. The extension of time request does not alter the map's design or any standards or conditions of approval related to the Subdivision or the Conditional Use Permit. However, the time extension request includes amending Oak Tree Permit No. 95-2. The approved Oak Tree Permit application requires the preservation and protection of one multi -trunk oak tree (two trunks, approximately 116 inches in circumference, measured 41h feet above the mean natural grade, with a canopy approximately 50 feet in diameter) located within the center front portion of Lot 3. The original parcel map exhibit approved by Council located the oak tree on Lot 3 but adjacent to the side lot line shared by Lots 3 and 4. The issue of the oak trees location was brought to the City's attention after the parcel map's approval. Additionally, the tree is located within a landslide area. In order to mitigate the landslide area with the required buttress fill as prescribed by the City's engineering consultant performing the grading plan check, the oak tree must be removed. The possible relocation of the oak tree was discussed with an environmental consultant (Michael Brandman Associates) employed by the City. It was determined that this oak tree's chance of survival would be slim because of its large size. Therefore, the oak tree is proposed to be removed. E The Planning Commission's recommendation advises that the oak tree be replace at a 20:1 ratio with 36 inch boxed oak trees due to the tree's magnitude. As many as possible of the replacement oak trees are to be located on-site, as prescribed by a certified and licensed landscaper, arborist, or biologist paid for by the applicant. The following minimum replacement oak tree count shall be located on-site: Lot 2 - two located adjacent to front property line; Lots 3 - one located adjacent to front property line; and Lot 4 - one located adjacent to front property line; oak trees which can not be located on-site shall be located off-site within the City of Diamond Bar. The off-site location shall be approved by the City. If an off-site location is not designated, a specified dollar amount in -lieu fee shall be contributed by the application to the City's tree replacement fund. On-site replacement oak trees shall be planted and irrigated when grading is completed. Planting shall be supervised by a certified and licensed landscaper, arborist or biologist. Currently, the applicant is achieving progress toward final map approval. However, several issues need to be addressed. The primary issue is related to access through "The CountryEstates" gates which must be resolved before final map approval. The project site is not within "The Country Estates". It is adjacent to "The Country Estates". As a condition of approval, prior to the final map, the applicant is required to make a bona fide annexation application to "The Country Estates" Association, which the applicant has done. Further, the project site is not part of the TADCO agreement. Consequently, access through "The Country Estates" is not available to the project site unless the project is annexed. Another issue was related. to an access easement over Steeplechase Lane. In a July 28, 1998 judgement of the court, it has been determined that the applicant has an easement over Steeplechase Lane. Other matter which must be resolved are: an appropriate driveway access for Lot 1 from Steeplechase Lane that must be delineated on the Map exhibit; clarification of statements within the CC&Rs and the "Buyers' Awareness Package"; providing "will serve" letters from the utility companies within 90 days of the final map's approval; providing a Subdivision Agreement; submitting an Erosion Control Plan, landscape/irrigation plan and sewer, water and storm drain improvements plans to be reviewed and approved by the City; providing easements for drainage and sewer purposes which will be dedicated to the City; and a plan detail for the installation of lighting at the end of Hawkwood Road. ENVIRONMENTAL ASSESSMENT: Pursuant to the guidelines of the California Environmental Quality Act (CEQA), Mitigated Negative Declaration No. 95-5 was prepared and adopted by the City Council on June 20, 1995. Due to the removal of one oak tree, this environmental document (pursuant to CEQA Section 15162) was amended to reflect issues related to the removal and replacement of the one oak tree in accordance with the Planning. Commission's recommendation. NOTICE OF PUBLIC HEARING: Notice for this project was published in the August 10, 1998. Public hearing notices radius of the project site on August 5, 1998. CONCLUSION: Inland Valley Daily Bulletin and the San Gabriel Valley Tribune on were mailed to approximately 71 property owners within a 500 foot The applicant is working toward resolving the referenced issues in order to comply with all conditions of approval. The applicant cannot resolve outstanding issues or satisfy conditions of approval related to the applications unless the one year extension of time is granted. Compliance with all conditions of approval and resolving the referenced issues to the City's satisfaction is required before the final map approval. PREPARED BY: 1"Lu� Associate Pl r Attachments: 1. City Council Resolution approving the extension of time; 2. Planning Commission Resolution No. 98-17 recommending approval of the extension•of time; 3. Planning Commission staff report dated July 14, 1998 and meeting minutes; 4. City Council Resolution Nos. 95-36 and 37; 5. Mitigated Negative Declaration No. 95-2 (revised March 1995) and Mitigation Monitoring Program dated March 1995; 6. Mitigated Negative Declaration No. 95-2 Amended June 1998 and Mitigation Monitoring Program Amended June 1998; 7. Correspondence dated July 14, 1998 for John Guy, attorney representing "The Country Estates" Association; 8. Correspondence dated July 28, 1998 from Robert E Knudsen, Attorney at Law and Judgement of the Court dated July 28, 1998; 9. Exhibit "A" subdivision map for TPM No. 23382; and 10. Rough Grading Plan for TPM No.23382. SETTLEMENT AGREEMENT AND MUTUAL RELEASE OF CLAIMS This Settlement Agreement and Mutual Release of Claims (" Agreement") is entered into by and between The Dolezal Company, a California corporation, (hereafter DolezaI) , and the Diamond Bar Country Estates Association, a California non-profit _ corporation (hereafter DBCEA) . This agreement is effective on the date last signed below by a party. This agreement is entered into with respect to the following facts: A Dolezal is the owner of real property in the City of Diamond Bar located adjacent southerly to Lot 29 of Tract No. 30289 of the Diamond Bar Country Estates and adjacent westerly to the westerly line of the southerly prolongation of Steeplechase Lane, in the City of Diamond Bar, County of Los Angeles, State of California and more fully described as Parcel 3 of Parcel Map 7409, recorded December 9, 1976 in Book 74 Pages 3 and 4 of Parcel Maps in the office of the County Recorder of Los Angeles County, California (hereafter the Dolezal property). Dolezal is in the process of subdividing the Dolezal property into buildable lots (hereafter the Dolezal development) as Tentative Parcel Map 23382. Tentative Parcel Map 23382 provides.. for four lots in its current configuration but will be reconfigured to provide for three lots in accordance with paragraph 2 below. B. The DBCEA is a non-profit corporation organized and existing in California. The DBCEA is the holder of easements for private street purposes over certain private streets including, but not limited to, Steeplechase Lane as they run through the Diamond Bar Country Estates which is an area commonly known as the " The Country " in the City of Diamond Bar, which streets are more particularly described on the Map of Tract 30289, as recorded in Book 743, Pages 42 et seq. , of Maps in the Offices of the County Recorder of said County. C. , On October 23, 1998, Dolezal filed suit against the DBCEA and others in the Superior Court of Los Angeles County, California, East District, Case Number: KCO29327 . Among other things, the suit alleges that Dolezal is entitled to easement rights for ingress and egress over the private streets of the Country which are owned by the DBCEA for access to the Dolezal property. The DBCEA has denied these contentions. D. The parties hereto wish to resolve and settle all issues and disputes with regard to the lawsuit and wish to avoid the uncertainty, costs and risks involved if the litigation is continued. DBCEA Agreementmps-4/14199-9i E. This Agreement is not to be deemed an admission of any liability by any party to any element, issue or dispute between the parties. Therefore, in -view of the foregoing, the parties make the following agreements and releases: 1. The DBCEA shall grant to Dolezal a written easement for ingress and egress over certain of the private streets of the Country in the form attached hereto as Exhibit "A". This easement shall be for the benefit of each of the lots in the Dolezal development and shall provide the Dolezal development with ingress and egress through the Country to the main gate on Diamond Bar Boulevard in the most direct route possible. The easement will provide Dolezal with access only as identified and will not provide Dolezal with use of other streets within the Country other than as identified in the easement. 2. The Dolezal development shall be limited to a maximum of three lots and Tentative Parcel Map 23382 will be reconfigured or replaced with a new map to comply with this requirement. Each lot shall be used only for a single-family residence and appurtenances and the lots may not be further subdivided. Dolezal agrees to pay the DBCEA the sum of $10,000.00 per lot for the above-described access rights. The $10,00.00 fee is due on a lot upon the close of escrow of a sale or any transfer by Dolezal of a particular lot or lots in the Dolezal development, or by December 31, 2000, whichever is sooner. The Dolezal obligation shall be secured by a deed of trust against the Dolezal property. The deed of trust shall be held by counsel for the DBCEA and recorded only in the event of default by Dolezal under the terms of this agreement. 3. The Dolezal development shall also be subject to the following obligations: a. The recorded Covenants, Conditions & Restrictions (hereafter CC&R's) for the Dolezal development shall establish a homeowner's association (hereafter referred to as the Dolezal development association) and shall provide that the owners of said lots and their guests and invitees shall abide by all rules and regulations of the DBCEA. The DBCEA shall have the power to impose fines on the Dolezal development association for violations of rules and regulations by a lot owner, with the right of appeal of any fine. The provisions of the CC&R's relating to the terms of this agreement may not be amended without the written approval of the DBCEA. b. The Dolezal development shall share in the cost of the maintenance of the Diamond Bar Gate of the DBCEA during the period of grading and construction of the development's lots. Dolezal shall not commence grubbing, grading or construction without the approval of the City of Diamond Bar. Dolezal shall pay construction fees of $500.00 per month for each of the three lots commencing from the time of clearing, grubbing, or grading of a lot, whichever comes first, and shall continue DBCEA Agreement.wps-4/14/99-9i 2 until the- filing of a notice of completion for the grading. If Dolezal constructs homes prior to any lot sale to a new, owner, it shall pay the $500.00 per month construction fee for each lot from the start of the home's construction to its notice of completion. c. Each lot in the Dolezal development shall share in the costs of the DBCEA for security, road maintenance, liability insurance, and gate maintenance in the sum of 552.00 per month. This fee shall commence for a lot at such time that the accessfee set forth in item "2" above has been paid or upon transfer of a lot to a third party by Dolezal, whichever occurs first. This monthly fee shall be subject to an annual increase equal to the increase in the United States Department of Commerce Consumer Price Index for the Los Angeles/Long Beach Metropolitan Area as published in. the Wall Street Journal beginning January 1, 1999 (hereafter CPI). d. Each lot in the Dolezal development shall pay to the DBCEA the sum of $9.15 per month for the access system currently in place or any subsequently installed access system, which is substantially similar in operation and cost. This fee shall commence for a lot at such time that the access fee set forth in item "2" above has been paid or upon transfer of a lot to a third party by Dolezal, whichever occurs first. This monthly fee shall be subject to an annual CPI increase. e. The obligation to pay the monthly maintenance fees set forth in "3c" above and the monthly access fees set forth in "3d" above, and any fines assessed by the DBCEA as set forth in "3a" above shall be an obligation of the Dolezal development association as well as the individual homeowners. The DBCEA shall bill the Dolezal development association for all maintenance fees, access fees and fines. It shall be the obligation of the Dolezal development association to pay all such assessed fees and fines and to collect such assessed fees and fines from the appropriate lot or lots in the Dolezal development. The DBCEA shall have the right to proceed directly against the Dolezal development association for any unpaid fees or fines. The DBCEA may pursue any action at law or in equity available to it to enforce any unpaid fees or fines. It shall not be a defense to any such action that the Dolezal development association has been unable to collect any unpaid fees or fines from a particular individual owner of a lot in the Dolezal development. f. (i) All contractors, subcontractors and other parties involved in the construction of the Dolezal development shall maintain liability and damage insurance and all equipment shall be bonded. (ii) Dolezal shall be responsible for any charges or fines levied against any such contractors, subcontractors or other persons for violations of DBCEA CC& R's or other rules or regulations and for any damage or injury caused by such persons. DBCEA Agreement.wps-4/14/99-9i 3 g.. There shall be a 120,000 -pound weight limit on any construction equipment using the private streets of the DBCEA Any damage to the private streets of the DBCEA caused by construction equipment shall be repaired by Dolezal and shall be secured by a bond or other surtey. ' IL Dolezal shall have the option of having the Dolezal development subject to the architectural guidelines and review procedure of the DBCEA. If Dolezal elects this option, Dolezal or any subsequent lot owner in the Dolezal development shall be obligated to pay the architectural review fees of the DBCEA which are then in effect. L Neither Dolezal nor the Dolezal development association shall advertise or otherwise represent that the Dolezal development is part of "The Country" or the DBCEA j. DBCEA shall notify the City of Diamond Bar that Dolezal has access to its property through the Country and that the DBCEA has no opposition to the development plan for the Dolezal property. 4. Each of the parties covenants and agrees to sign all documents necessary and to perform all other acts required to complete the terms, covenants and conditions set forth in this Agreement. 5. Dolezal shall file a dismissal with prejudice as to the DBCEA of the lawsuit referred to in paragraph C above. Dolezal shall bear his own costs and attorneys fees and shall also pay the reasonable fees and costs incurred by the DBCEA in the process of preparation, review and approval of any documents necessary to complete this agreement. 6. In consideration of the covenants and agreements set forth herein, Dolezal, on the one hand and the DBCEA, on the other hand, release any and all claims, actions, causes of action, demands, agreements, contracts, covenants, suits, obligations, judgements, losses and liabilities of whatever kind or nature in law, equity or otherwise, whether known or unknown (collectively referred to herein as "claims" ) each party has against the other which relate in any manner to the lawsuit referred to in Paragraph C. This release includes any claims any party has against the other's partnerships, partners, successors, attorneys, corporations, predecessors, assigns, agents, subcontractors, and employees. DBCEA Agreement.wps-4/14199-9i 4 T It is understood by all parties that other damages not now known may develop or be discovered or consequences or results may develop or be discovered and that this release is expressly intended to cover and include, and does cover and include, all such future damages or future consequences or results of known or unknown injuries and damages in regard to the above-described litigation. It is further understood that the ,provisions of Section 1542 of the Civil Code of the State of California are expressly waived by all parties with respect to the matters referred to herein and all parties acknowledge that said section provides the following: " A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." 8. The release set forth in this agreement shall not apply to any damages or other rights accruing to any party due to any other party's breach of this Agreement. 9. This agreement shall bind and inure to the benefit of the parties and their respective partnerships, partners, successors, attorneys, corporations, predecessors, assigns, agents, subcontractors and employees. 10. This Agreement shall be governed by and interpreted according to and under the laws of the State of California. 11. In the event legal proceedings are instituted to interpret, enforce or for breach of any of the terms of this Agreement, the prevailing party shall be entitled to recover all of his, her or it's attorneys' fees and costs incurred. 12. This Agreement constitutes the entire agreement between the parties and it is expressly agreed and understood that this Agreement may not be altered, amended, modified or other wise changed in any respect whatsoever except by a writing duly executed by the parties hereto_ 13. Each of the parties expressly represents and warrants that he, she or it has full power to enter into this Agreement and that he, she or it has not assigned, conveyed, encumbered or transferred all or any portion of the claims or rights covered by this Agreement. 14. Each of the parties has received independent legal advice from his, her or its attorneys with respect to the advisability of entering into this Agreement. 15. This agreement may be recorded by either Dolezal or the DBCEA_ DBCEA Agreement.wps-4/14/99-9i 5 Dated: �c J Dated: Approved as to Form Dated: Dated: DBCEA Agreement.wps-4/14/99-gi 6 THE DIAMOND BAR COUNTRY ESTATES ASSOCIATION RoE. u' n, Esq. Loren C. Phillips, Esq. CITY COUNCIL RESOLUTION NO. 9S- 36 A RESOLUTION OF TRE CITY COUNCIL OF THE CITY OF DIAKOND BAR APPROVING TENTATIVE PARCEL MAP NO. 23382 AND KITXaATED,NEGATIVE DECLARATION NO. 95-2- FOR A REQUEST TO DIVIDE ONE PARCEL INTO FOUR RESIDENTIAL LOTS LOCATED AT TSE ,EZTRMM ' NORTEffESTERN EDGE OF T030M CANYON/CKINO EILLi SIGNIFICANT ECOLOGICAL AEA (SEA) NO. 1S, AT 3000 BLOCK (NORTH SIDE) OF STEEPLECHASE LANE. A• Recitals 1• The property owner/applicant, Warren Dolezal of Dolezal Family Limited Partnership has filed the "Application" for Tentative Parcel Map No. 23382 for a request to divide one parcel into four residential lots located at the extreme northwestern edge .of Tonner Canyon/Chino Hill Significant Ecological Area No. 15. The project site is located at 3,000 block (north side) of Steeplechase Lane, Diamond Bar, Los Angeles County, California, as described in the title of this Resolu- tion. Hereinafter in this Resolution, the subject Tentative Parcel Map application is referred tows the "Application". 2. On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal organization of the State of California. On that date, pursuant to the requirements of the California Government Code Section 57376, the City Council of the City of Diamond Bar adopted its Ordinance No. 1, thereby adopting the Los Angeles County Code as the ordinances of the City of Diamond Bar. Title 21 and 22 of the Los Angeles County Code contains the Development Code of the County of Los Angeles now currently applicable to development applications, including the subject Application, within the City of Diamond Bar. 3. The City of Diamond Bar lacks an operative General Plan. Accordingly, action was taken on the subject application, as to consistency to the Draft General Plan, pursuant to the terms and provisions of the Office of Planning and Research extension granted pursuant to California Government Code Section 65361. 4. Notification of the Planning Commission public hearing for this project has been made in the San Gabriel Valley 1 Tri and the inland Valley Bulletin newspapers on March 31, 1995. One hundred and eighty-five (185) property owners within a 500 foot radius of the project site were notified by mail on March 28, 1995. 5, The Planning Commission of the City of Diamond Bar, on April 24, 1995 conducted a -duly noticed public hearing on the Application. At that time, the public hearing was continued to May 8, 1995. On May 8, 1995, the public hearing was continued. to May 22, 1995. The Planning Commission recommended approval to the City Council on May 22, 1995. 6. Notification of the City Council public hearing for this project has been made in the San Gabriel Valley Tribune and the inland Valley Bulletin newspapers on May, 30, 1995. One hundred and eighty-five (185) property owners within a 500 foot radius of the project site were notified by mail on May 26, 1995. 7. The City Council of the City of Diamond Bar, on June 20, 1995 conducted a duly noticed public hearing on the Application. 8. All legal prerequisites to the adoption of this Resolu- tion have occurred. B. Resolution NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: 1. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The City Council hereby finds and determines that having considered the record as a whole, there is no evidence before this City Council that the project as proposed by the Application, and conditioned for approval herein, will have the potential of an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence presented in the record before this City Council, the Council hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 3. The City Council hereby finds that the initial study review and Mitigated Negative Declaration No. 95-2 has been prepared by the City of Diamond Bar in compliance with the requirements of the California Environmental Quality Act (CEQA) of .1970, as amended, and guidelines promulgated thereunder. Further, the Mitigate Negative 2 Declaration reflects the independent judgement of the City of Diamond Bar. 4. Based upon the findings and conclusions set forth herein, this City Council, hereby finds as follows: (a) The project request relates to a vacant parcel of 2.55 gross acres, located at the extreme northwestern edge of SEA No. 15 in the 3000 block (north side) of Steeplechase Lane at the terminus of Hawkwood Road and adjacent to a gated community .identified as "The Country Estates". (b) The project site is located within the Single Family Residential -Minimum Lot Size 8,000 Square Feet (R-1-8,000) Zone. It has a draft General Plan land use designation of Low Density Residential -Maximum 3 Dwelling Units Per Acre (RL - 3 Du/Acre). (c) Generally, the following zones surround the project site: to the north are the Single Family Residential -Minimum Lot Size 20,000 Square Feet (R-1-20,000) and Commercial -Recreational (C-R) Zones; to the west is the Single Family Residential -Minimum Lot Size 9,000 Square Feet (R- 1-9,000) Zone; to the east is the R-1-20,000 Zone; and to the south is the R-3-8,000 Zone. (d) The proposed parcel map is consistent with the City's draft General Plan and zoning standards. (e) The design and improvements of the proposed subdivision complies with the City�ls draft General Plan, local ordinances, and State requirements. (f) The project site is physically suitable for this type of subdivision. (g) The design of the proposed subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. (h) The design of the subdivision or the type of improvements is not likely to cause serious public health problems. (i) The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property with in the proposed subdivision. 3 5. A. Based upon the findings and conclusions set forth above, the City Council hereby approves this Application subject to the following conditions: PLU=NG DIVISION (1) Tentative Parcel Map No. 23382 shall be developed in substantial conformance to plans dated June 20, 1995, labeled Exhibit "A" and Exhibit "B" as submitted and approved by the City Council. (2) The approval of Tentative Parcel Map No. 23382 is granted subject to the approval of the Hillside Management and Significant Ecological Area Conditional Use Permit No. 92-1, Oak Tree Permit No. 95-2, and Mitigated Negative Declaration No. 95-2. (3) The approval of Tentative Parcel Map No. 23382 shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed within fifteen (15) days of approval of this map, at the City of Diamond Bar's Community Development Department, their Affidavit of Acceptance stating that they are aware of and agree to accept all the conditions of this map. Further, this approval shall not be effective until the permittee pays remaining Planning Division processing fees. (4) In accordance with Government Code Section 66474.9 (b) (1), the applicant shall defend, indemnify, and hold harmless from any claim, action; or proceeding against the City or its agents, officers, or employees to attack, set aside, void or annul, approval of the Tentative Parcel Map No. 23382, which action is brought within the time period provided for Government Code Section 66499.37. (5) The site shall be maintained in a condition which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits, from the City of Diamond Bar to provide such services. 4 (6) All requirements of the Zoning Ordinance and of the underlying zoning of the subject property shall be complied with, unless otherwise set forth in the permit or shown on the approved plans. (7) The applicant shall satisfy the City's obligation by contributing an in -lieu fee to park City prior to recordation of the final map per Code Section 2124.340. (8) The applicant shall pay development fees (including, but not limited to, Planning and Building and Safety Divisions and school fees) at the established rates, prior to issuance of building or grading permits, as required by the Community Development and Public Works Directors. (9) Prior to approval of the final map, the owner shall make a bonafide application to "The Country Estates" Association to annex this subdivision to that association. The owner shall be required to agree to annex upon recordation of the final map if all fees assessed by "The Country Estates" Association do not exceed the fees assessed per lot for annexation to "The Country Estates" Association for Tract No. 47722. (10) Conditions, Covenants, and Restrictions (CC&R's) and Articles of Incorporation of a homeowner's association are required and shall be provided to the Community Development Director and the City Attorney for review and approval prior to the recordation of the final. map. A homeowners' association shall be created and responsibilities there of shall be delineated within the CC&R's or the homeowners' association shall be incorporated into "The Country. Estates". The CC&R's and Articles of Incorporation shall be recorded concurrently with the final map or prior to the issuance of any City permits, whichever occurs first. A recorded copy shall be provide to the City Engineer. (11) The CC&R's shall incorporate Exhibit" B" which delineates each lot's building envelope. (12) The applicant shall comply with the Mitigation Monitoring Program for Mitigated Negative Declaration No. 95-2. (13) The Mitigation Monitoring Program (MMp) fees shall be deposited with the City prior to issuance of a grading permit. All costs related to the ongoing monitoring shall be secured from the subdivider i i 5 1 and received by the City prior to the final map approval. (14) The parcel map shall be designed so as to substantially comply with the CC&R's implemented by the adjacent development known as "The Country Estates". The CC&R•'s shall incorporate at a minimum, provisions which would establish a maintenance program for urban pollutant basins and all mitigation measures within the Mitigation Monitoring Program. The CC&R's shall, to the fullest extent possible, be consistent with "The Country Estates'" CC&R's. (15) A clause shall be incorporated into the CC&R's which requires disputes involving interpretation or application of the CC&R's (between private parties), to be referred to a neutral third party mediation service (name of service may be included) prior to any party initiating litigation in a court of competent jurisdiction. The cost of such mediation shall be borne equally by the parties. (16) Grading and/or construction activities shall be restricted to 7:00 a.m. to 5:00 p.m., Monday through Saturday. All equipment utilized for grading and/or construction shall be properly muffled to reduce noise levels. Transportation of equipment and materials and the operation of heavy grading shall be restricted to 7:00 a.m. to 5:00 p.m. All equipment staging areas shall be located on the subject property. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities. Reclaimed water shall be used whenever possible. (17) Construction equipment and/or related construction traffic shall not be permitted to enter the project site from Hawkwood Road. (18) Parcel Map No. 23382 shall maintain a minimum 20 foot wide (open clear to the sky) paved access road along and within that public utility and public services easement on the westerly portion of Lot 1 and between the cul-de-sac of Hawkwood Road and the knuckle of Steeplechase Lane, to the satisfaction of the Los Angeles County Fire Department and the City Engineer. The access shall be indicated on the map as a "Fire Lane". Vehicular or pedestrian gates obstructing the access shall be of an approved width and shall be provided only with locking devices and/or override 6 mechanisms which has been approved by the Fire Chief. (19) The applicant shall prepare and submit to the Community Development Director for approval prior to the sale of the first lot of the subdivision, a "Buyers" Awareness Package" which shall include, but, not limited 'to, information pertaining to geologic issues regarding the property, wildlife corridors, oak and walnut tree preservation issues, the existence and constraints pertaining to SEA No. 15 and Tonner Canyon, Exhibit "B" which delineates each lot's building envelope, explan- atory information pertaining to restrictions on use of properties as necessary and similar related matter. The applicant shall institute a program to include delivery of a copy of the "Buyers' Awareness Package" to each prospective purchaser and shall keep on file in the applicant's office a receipt signed by each such prospective purchaser indicating that the prospective purchaser has received and read the information in the package. The applicant shall incorporated within the CC&R's a reference to the availability of the package and the fact that a copy thereof is on file in the City of Diamond Bar's City Clerk's office. (20) The project applicant, through the "Buyer Awareness Program", shall encourage the segregation of green wastes for reuse as specified under the City's Source Reduction Recycling Element and County Sanitation District's waste diversion policies. (21) All down drains and drainage channels shall be constructed in muted earth tones so as not to impart adverse visual impacts. (22) Slopes in excess of five feet in vertical height shall be landscaped and irrigated for erosion control. Slope landscaping and irrigation shall be continuously maintained in a healthy and thriving condition by the developer until each individual lot or unit is sold and occupied by the buyer. Prior to releasing occupancy for the units, an inspection shall be conducted by the Planning Division to determine compliance with this condition. (23) Variable slope ratios of 2:1 to 4:1 shall be utilized within the indicated grading areas of each lot to the satisfaction the City Engineer. (24) The emergency access gate at the terminus of Hawkwood Road shall be consistent, in design and 7 materials, with existing gates located at other access areas within "The Country Estates". (25) Notwithstanding any previous subsection of this resolution, if the Department of Fish and Game requires payment of a fee pursuant to section 711.4 of the Fish and Game Code, payment therefore shall be made by "the Applicant prior to. the issuance of any building permit or, any other entitlement. (26) -The subject property shall be maintained and operated in full compliance with the conditions of this grant and any law, statute, ordinance or other regulations applicable to any development or activity of the subject properties. (27) This grant is valid for two (2) years and must be exercised (i.e. construction) within that period or this grant shall expire. A one (1) year extension may be requested in writing, submitted to the City, 30 days prior to this grant's expiration date. B. PUBLIC WORKS DEPARTKZNT (1) Prior to approval and recordation of the parcel map,, written certification shall be submitted to the City from the walnut Valley water District (wVwD) that adequate water supply and facilities; from Los Angeles County Sanitation District (LACSD) that adequate -sewage conveyance and treatment capacity; and from each public utility and cable television purveyor that adequate supplies and facilities; are or_will be available to serve the proposed project. Such letters must have been issued by the districts, utility companies and cable television company within ninety (90) days prior to parcel map approval. (2) A title report/guarantee and subdivision guarantee showing all fee owners and, interest holders, and nature of interest shall be submitted when a parcel map is submitted for map check. The account with the title company shall remain open until the parcel map is filed with the County Recorder. An updated title report/ guarantee and subdivision guarantee shall be submitted ten (10) working days prior to parcel map approval. (3) All easements existing prior to parcel map approval shall be identified and shown on parcel map. If an easement is blanket or indeterminate 8 in nature, a statement to that effect shall be shown on the parcel map in lieu of showing its location. (4) Based on,a field survey boundary monuments shall be set in accordance with the State Subdivision Map Act and local subdivision ordinance and shall be subject to approval by the City Engineer. (5) The Applicant/Subdivider, at Applicant/ Subdivider's sole cost and expense, shall .construct all required public improvements. if any required public improvements have not been completed by Applicant/ Subdivider and accepted by the City prior to the approval of the parcel map, Applicant/Subdivider shall enter into, a subdivision agreement with the City and shall post the appropriate security, guaranteeing completion of the improvements, prior to parcel map approval. (6) Plans for all site grading, landscaping, irrigation, street, sewer, water and storm drain improvements shall be approved by the City Engineer prior to parcel map approval. (7) House numbering plans shall be submitted to and approved by the City Engineer prior to issuance of building permits. (8) The detail drawings and construction notes* shown on the submitted tentative map are conceptual only and the approval of this tentative map shall not constitute approval of said notes. (9) The final subdivision grading plans (1" = 40' or larger scale, 24" x 36" sheet format) shall be submitted to and approved by the City Engineer prior to issuance of any building or grading permits and prior to parcel map approval. (10) The Applicant/Subdivider, at the Applicant/ Subdivider's sole cost and expense, shall perform all grading in accordance with plans approved by the City Engineer. For grading not performed prior to Parcel Map approval an agreement shall be executed and security shall be posted, guaranteeing completion of the improvements prior to Parcel Map approval. (11) Applicant/Subdivider shall submit to the City Engineer the detail grading and drainage 9 construction cost estimate for bonding purposes of all. grading, prior to approval of the parcel map. (12) Precise final grading plans for each parcel shall be submitted to the City Engineer for approval prior to issuance of building or grading permits. (This may be on an, incremental or composite basis.) (13) Grading of the subject property shall be in accordance with the current Uniform Building Code and City's Hillside Management Ordinance, and acceptable grading practices. The final subdivision and precise final grading plans shall be in substantial conformance with the grading shown as a material part of the approved Tentative Map. No driveway serving building area(s) shall exceed 15% grade. (14) All landslide debris shall be completely removed prior to fill placement or other approved remedial measures implemented as required by the final geotechnical report and approved by the City Engineer. (15) At the time of submittal of the final subdivision grading plan for plan check, a detailed soils and geology report shall be submitted in compliance with City guidelines to the City Engineer for approval. The report shall be prepared by a qualified registered geotechnical engineer and engineering geologist licensed by the State of California. All geotechnical and soils related findings and recommendations shall be reviewed and approved by the City Engineer prior to issuance of any grading permits and recordation of the parcel map. The report shall address, but not be limited to, the following: (a) 'Soil remediation measures shall be designed for a "worst case" geologic interpretation subject to verification in the field during grading. (b) The extent of any remedial grading into natural areas shall be clearly defined on the grading plans. (c) Areas of potential for debris flow shall be defined and proper remedial measures implemented as approved by the City Engineer. (d) Gross stability of all fill slopes shall be analyzed as part of the geotechnical report, including remedial fill that replaces natural slope. (e) Stability of all proposed slopes shall be confirmed by analysis as approved by the City 10 Engineer. Unstable slopes shall be redesigned or stabilized utilizing slope reinforcement. (f) All geologic data including landslides and exploratory excavations shall be shown on a consolidated geotechnical map using the final subdivision grading plan as a base. (g) Stability analyses of daylight shear keys with a 1:1 projection from daylight to slide Plane; projection plan shall have a minimum safety factor of i.s. .(h) All soils and geotechnical constraints (i.e. landslides, shear key locations, etc.) shall be delineated in detail with respect to proposed building envelopes. Restricted use areas and structural setbacks shall be considered and delineated prior to recordation of the final map. (i) All landslides must be shown on a consolidated geotechnical map. Specific remedial measures shall be implemented pursuant to the requirements of City Code and Ordinances. (j) Stability of back cuts (i.e. excavation of natural slopes) must be analyzed. (16) Final subdivision grading plans shall be designed in compliance with the recommendations of the final detailed soils and engineering geology reports. All remedial earthworm specified in the final report shall be incorporated into the plans. (17) Grading plans shall be signed and stamped by a California registered Civil Engineer, registered Geotechnical Engineer and registered Geologist. (18) All identified geologic hazards within the tentative subdivision boundaries which cannot be eliminated as approved by the City Engineer shall be indicated on the parcel map as "Restricted Use Area" subject to geologic hazard. The subdivider shall dedicate. to the City the right to prohibit the erection of buildings or other structures within such restricted use areas shown on the parcel map. (19) A drainage study and drainage improvement plans (24 x 360 sheet format) prepared by a California registered Civil Engineer shall be submitted to and approved by the City Engineer prior to parcel map approval. All drainage facilities. shall be designed and constructed as required by the City 11 Engineer and in accordance with County of Los Angeles standards. (20) The Applicant/Subdivider, at Applicant/ Subdivider's sole cost and expense, shall construct all drainage improvements in accordance with plans approved by the City Engineer. For drainage improvements not constructed prior to parcel map approval an agreement shall be executed and security shall be posted, guaranteeing completion of .the improvements, prior to parcel map approval. Applicant/ Subdivider shall submit to the City Engineer the detail cost estimate for bonding purposes for all drainage improvements prior to parcel map approval. (21) The Applicant/Subdivider, at Applicant/ Subdivider's sole cost and expense, shall construct all facilities necessary for dewatering all parcels to the satisfaction of the City Engineer. For dewatering facilities not constructed prior to parcel map approval an agreement shall be executed and security shall be posted, guaranteeing completion of the improvements, prior to parcel map approval. Applicant/Subdivider shall submit to the City Engineer the detail cost estimate for bonding purposes for all .dewatering improvements prior to parcel map approval. (22) Easements for disposal of drainage water onto or over adjacent parcels shall be delineated and shown on the parcel map as.approved by the City Engineer. (23) All drainage improvements necessary for dewatering and protecting the subdivided properties shall be installed prior to issuance of building permits for construction upon any parcel that may be subject to drainage flows enter, leaving, or within that parcel for which a building permit is requested. (24) An erosion control plan shall be submitted to and approved by the City Engineer prior to issuance of grading permits. (25) An offer of easements for drainage and drainage improvements, as required by the City Engineer, shall be made on the parcel map prior to parcel map approval. 12 Streets (26) Street improvement plans (24" x 36" sheet format) prepared by a California registered Civil Engineer shall be submitted to and approved by the City Engineer'prior to parcel map approval. (27) The Applicant/Subdivider, at Applicant/ Subdivider's sole cost and expense, shall construct all street improvements in,accordance with,plans approved by the City Engineer. For street improvements not constructed prior to Parcel map approval an agreement shall be executed and security shall be posted, guaranteeing completion of the improvements, prior to parcel map approval. Applicant/ Subdivider shall submit to the City Engineer the detail cost estimate for bonding purposes for all street improvements prior to approval of the parcel map. (28) New street centerline monuments shall be set at the intersections of streets, intersection of streets with the westerly boundary of Parcel 1 and the easterly boundary of Parcel 3 of Parcel Map 1528, and to mark the beginning and ending of curves or the points of intersection of tangents thereof. Survey notes showing the ties between all monuments set and four (4) durable reference points for each shall be submitted to the City Engineer for approval in accordance with City Standards, prior to issuance of Certificate of Occupancy. (29) Prior to any work being performed in public right- of-way, fees shall be paid andk a construction permit shall be obtained from the City Engineer's Office for work in the City of Diamond Bar in addition to any other permits required. (30) No street shall exceed a maximum slope of 12% unless approved by the City Engineer. (31) Base and pavement on all streets shall be constructed in accordance with a soils report and pavement thickness calculations shall be prepared by a qualified and registered engineer and shall be approved by the City Engineer or as otherwise directed by the City Engineer. (32) The street light at and of Hawkwood cul-de-sac shall be constructed to the satisfaction of the City Engineer. 13 (33) -All utility lines shall be placed underground in and adjoining the proposed tentative subdivision map. (34) Curbs and gutters for cul-de-sac at end of Hawkwood shall be constructed to the satisfaction of the City Engineer. (3.5) Prior to parcelmap approval the subdivider shall submit an area study to the City Engineer and Los Angeles County Department of Public Works to determine whether capacity is available in the sewerage system to be used as the outlet for the sewers in this land division. If the system is found to be of insufficient capacity, the problem shall be resolved to the satisfaction of the City Engineer and Los Angeles County Department of Public Works. (36) Each dwelling unit shall be served by a separate sewer lateral which shall not cross any other lot lines. The sanitary sower system serving the subdivision shall be connected to the City sewer system. (37) Sewer system improvement plans (24" x 36" sheet format, 2 pages per sheet) prepared by a California registered Civil Engineer shall be submitted to and approved by the City Engineer, Los Angeles County Department of Public Works, and Los Angeles County Sanitation Districts prion to parcel map approval. k (38) The Applicant/Subdivider, at Applicant/ Subdivider's sole cost and_ expense, shall construct all sewer system improvements. For sewer system improvements not constructed prior.to parcel map approval an agreement shall be executed and security shall be posted guaranteeing completion of the improvements prior to parcel map approval. Applicant/ Subdivider shall submit to the City Engineer the detail cost estimate for bonding purposes for all sower system improvements prior to approval of the parcel map. (39) The Applicant/ Subdivider shall obtain connection permit(s) from the City, Los Angeles County Public Works Department and County Sanitation District prior to issuance of building permits. The subdivision area within the tentative map boundaries shall be annexed into the County Consolidated Sewer Maintenance District and Los Angeles County Sanitation District No. 21. 14 (40) An offer of easements for sewer system improvements, as required by the City Engineer, shall be made on the parcel map prior to parcel map approval. (41) Domestic 'water system improvement plans, designed with appurtenant facilities to serve all parcels in the land division and designed to Walnut Valley Water District (WVWb) specifications, shall be provided and approved by the City Engineer and WVWD. The system shall include fire hydrants of the type and .location as determined by the Los Angeles County Fire Department. The main lines. shall be sized to accommodate. the total domestic and fire flows to the satisfaction of the City Engineer, WVWD and Fire Department. (42) Applicant/Subdivider, at Applicant/ Subdivider Is sole cost and expense, shall construct all domestic water system improvements. For water system improvements not constructed prior to parcel map approval an agreement shall be executed and security shall be posted, guaranteeing completion of the improvements, prior to parcel map approval. Applicant/Subdivider shall submit to the City Engineer the detail cost estimate for bonding purposes for all domestic water system improvements prior to approval of the parcel map. (43) Separate underground utility services shall be provide to each parcel, including water, gas, electric power, telephone and cable TV service, in accordance with the respective utility company standards. Easements that may be required .by the utility companies shall be approved by the City Engineer prior to granting.. (44) An offer of easements for public utility and public services purposes, as required by the City Engineer, shall be made on the parcel map prior.to parcel map approval. (45) Applicant/Subdivider shall relocate and underground any existing on-site utilities as necessary and to the satisfaction of the City Engineer and the respective utility owner. (46) Reclaimed water system improvement plans, designed with appurtenant facilities capable of delivering reclaimed water to all portions of the subdivision and serving each parcel in the subdivision and designed to Walnut Valley Water District (WVWD) specifications, shall be provided and approved by the City Engineer and WVWD. 15 (47) Applicant/Subdivider, at Applicant/Subdivider s sole cost and expense, shall construct reclaimed water system improvements, including main and service lines capable of delivering reclaimed water to all portions of the subdivision. Applicant/Subdivider shall submit to the City Engineer the detail cost estimate for bonding purposes for all reclaimed water system improvements prior to approval of the parcel map. (48) As reclaimed water supply is not currently available, Subdivider shall enter into agreement to design and construct system, to the satisfaction of the City Engineer and the Walnut Valley Water District. The system shall be designed to permit. "switch over" of non-domestic services on each lot at such time a reclaimed water supply is available to the subdivision. Irrevocable security shall be posted to guarantee the performance of this agreement. (49) The Applicant/Subdivider shall install portions of the reclaimed water system (main and irrigation service lines) capable of delivering reclaimed water to those designated areas, if any, of the subdivision for which the homeowners association is responsible for irrigation and/or landscape maintenance. This installation shall provide for a present connection to the domestic water system and shall include provisions for the switch -over to'the future reclaimed water system. The City Clerk shall: (a) Certify to the adoption of this -Resolution; (b) This City Council hereby provides notice to Warren Dolezal of.the Dolezal Family Limited Partnership that the time within which judicial review of the decision represented by this resolution must be sought' is governed by the provisions of the California Code of Civil Procedures, Section 1094.6; and (c) Forthwith transmit a certified copy of this Resolution, by certified mail to: Warren Dolezal of the Dolezal Family Limited Partnership, 4251 S. Hiquera Street, San Luis Obispo, CA 93401; APPROVED AND ADOPTED THIS THE 20TH DAY OF JUNE, 1995, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR BY: �! � �2 P yllis E. PapeA, Mayor 16 I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at aregular meeting of the City Council held on the 20th day of June, 1995, by the following vote: AYES: COUNCIL MEMBERS: Ansari, Harmony, MPT/Werner and M/Paper. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ATTEST: — ( �r `✓L c - Lyrda Burgess, City Clerk 17 I A. CITY COUNCIL REBOLUTIoN No. 9S- 37 A RESOLUTION Or TU CITY COUNCIL Or THE CITY Or DIMOND BAR APPROVING KILLSIDE JUMORMZNT AND BIGITIPICAMT ECOLOGICAL AREA CONDITIONAL USZ PERIQT NO. 92-10 OAK TREE PZRKIT NO. 95- 2, AND IQTIGA2= NEGATIVE DECLARATION NO. 9S'- 2 POR TZMTATIVE PARCRL MAP No. 23392 WRICH IS A RBQVM TO DIVIDE ONE PARCEL INTO YOUR RZBIDEMTIAL LOT'S LOCATED AT TUB EZTRZKE NORTBRESTZRN BDOR or Tom= CANTON/CSINO BILLS BIGMIFICANT ECOLOGICAL AREA (BEA) NO. IS, AT 3000 BLOCK (NORTB BIDZ) or BTEEPLBCBABB LxNZ. 1. The property owner/applicant, Warren Dolezal of Dolezal Family Limited Partnership has filed the "application" for Tentative Parcel Map No. 23382 for a request to divide one parcel into four residential lots located at the extreme northwestern edge of Tonner Canyon/Chino Hill Significant Ecological Area No. 15. The project site is located at- 3,000 block (north side) of Steeplechase Lane, Diamond- Bar, Los Angeles County, California, as described in' the title of this Resolu- tion. Hereinafter in this Resolution, the subject Tentative Parcel Map application is referred to as the "Application". 2. On April 18, 1989" the City of Diamond Bar was established as a duly organized municipal organization of the State of California. On that date, pursuant to the requirements of the California Government Code Section 57376, the City Council of the City of Diamond Bar adopted its Ordinance No. 1, thereby adopting the Los Angeles County Code as the ordinances of the City of Diamond Bar. Title 21 and 22 of the Los Angeles County Code contains the Development Code of the County of Los Angeles now currently applicable to development applications, including the subject Application, within the City of Diamond Bar. 3. The City of Diamond Bar lacks an operative General Plan. Accordingly, action was taken on the subject application, as to consistency to the Draft General Plan, pursuant to the terms and provisions of the Office of Planning and Research extension granted pursuant to California Government Code Section 65361. 4. Notification of the Planning Commission public hearing for this project has been made in the San Gabriel Valley orribW1B and the jnland Valley Bulletin newspapers on March 31, 1995. One hundred and eighty-five (185) property owners within a 500 foot radius of the project site were notified by mail on March 28, 1995. 5. The -Planning Commission of the City of Diamond Bar, on April 24, 1995 conducted a duly noticed public hearing on the Application. At that time, the public hearing was continued to May 8, 1995. On May 8, 1995, the public hearinq was continued to May 22, 1995. The Planning Commission recommended approval to the City Council on May 22, 1995. 6. Notification of the City Council public hearing for this project has been made in the San Gabriel Valley Tribune and the Inland Valley Bulletin newspapers on May 30, 1995. One hundred and eighty-five (185) property owners within a 500 foot radius of the project site were notified by mail on May 26, 1995, 7. The City Council of the City of Diamond Bar, on June 20, 1995 conducted a duly noticed public hearing on the Application. S. All legal prerequisites to the adoption of this Resolu- tion have occurrnd. B. Resolution NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: 1. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The City Council hereby finds and determines that having considered the record as a whole, there is no evidence before this City Council that the project as proposed by the Application, and conditioned for approval herein, will have the potential of an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence presented in the record before this City Council, the Council hereby rebuts the presumption of adverse effects contained in 2 Section 753.5 (d) of Title 14 of the California Code of Regulations. 3. The City Council hereby finds that the initial study review and Mitigated Negative Declaration No. 95-2 has been prepared by the City of Diamond Bar in compliance with the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended, and guidelines promulgated thereunder. Further, said Mitigate Negative' Declaration reflects the independent judgement of the City of Diamond Bar. ns set 4. herein,uthis City Counche f i s and hereby finds as follows:forth (a) The project request relates to a vacant parcel of 2.55 gross acres located at the extreme northwestern edge of SEA No. 15 in the 3000 block (north side) of Steeplechase Lane at the terminus of Hawkwood Road and adjacent to a gated community identified as "The Country Estates". (b) The project site is located within the Single Family Residential -Minimum Lot Size 8,000 Square Feet (R-1-8,000) Zone. It has a draft General Plan land use designation of Low Density Residential -Maximum 3 Dwelling Units Per Acre.(RL- 3 Du/Acre). (c) Generally, the following zones surround the project site: to the north are the Single Family Residential -Minimum Lot Size 20,000 Square Feet (R-1-20,000) and Commercial -Recreational (C-R) Zones; to the west is the S.inqle Family Residential -Minimum Lot Size 9,000 Square Feet (R- 1-9,000) Zone; to the east is the R-1-20,000 Zone; and to the south is the R-3-8,000 Zone. CMMITIONIL Ung PKRKIT (d) The proposed project will not be in substantial conflict with the draft General Plan, local ordinances, and State requirements. (e) The proposed project will not adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area. (f) The proposed project will not be materially detrimental to the use, enjoyment or valuation of property of other persons located, in the vicinity of the site. K (q) The proposed project will not jeopardize, endanger or otherwise constitute a menace to publie health, safety or general welfare. (h) The project- site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features- prescribed within city ordinances, or as otherwise required in order to integrate the use with uses in the surrounding area. (i) The project site is adequately served by highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such use would generate. SIG'tIllcm" BCOLOGZCiL AMM (888,) (j) The proposed project is designed to be highly compatible with the biotic resources present, including the setting aside of appropriate and sufficient undisturbed areas. (k) The proposed project is designed so that wildlife movement corridors (migratory paths) are left in an undisturbed and natural state. (1) The proposed project retains sufficient natural veqetative cover and/open spaces to buffer critical resource areas from the requested project. (m) where necessary, fences or walls are provided to buffer important,habitat areas from development. (n) The proposed project is designed to maintain water bodies, watercourses, and their tributaries in a natural state. (o) The roads and utilities serving the proposed project are located and designed so as not to conflict with critical resources, habitat areas or migratory paths. SILLSIDB MMMCZ ZNT BAEa (p) The proposed project is located and designed so as to protect the safety of current and future community residents, and will not create significant threats to life and/or property due.to the presence of geologic, seismic, slope 4 instability, fire, flood, mud flow, or erosion hazard. (q) The proposed project is compatible with the natural,, biotic, cultural,, scenic, and open space resources of the area. (r) The proposed project is conveniently served by (or, provides) neighborhood shopping and commercial facilities, can be provided with essential public services without imposing undue costs on the total. community, and is consistent with the objectives and policies of the Draft General Plan. (s) The proposed project demonstrates creative and imaginative design, resulting in a visual quality that will complement community character and benefit current and future community residents. OAK TREE PERMIT (t) The proposed project will be accomplished without endangering the health of the remaining oak tree. 5. Based upon the findings and conclusions set forth above, the City Council hereby approves this Application subject to the following conditions: A. PliMIYO DIVIBION (1) Tentative Parcel Map No. 23382 shall be developed in substantial conformance to plans dated June 20, 1995, labeled Exhibit "A" and Exhibit "B" as submitted and approved by the City Council. (2) The approval of the Hillside Management Ordinance and Significant Ecological Area Conditional Use Permit No. 92-1, Oak Tree Permit No. 95-2, and Mitigated Negative Declaration No. 95-2 is granted subject to the approval of Tentative Parcel Map No. 23382. (3) The approval of Tentative Parcel Map No. 23382 shall not be effective for any purpose until the, permittee and owner of the property involved (if other than the permittee) have filed within f if teen ( 25 ) days of approval of this map, at the City of Diamond Bar's Community Development Department, their Affidavit of Acceptance stating that they are aware of and agree to accept all the conditions of this map. Further, this approval shall not be effective until the permittee pays remaining Planning Division processing fees. (4) In accordance with Government Code Section 66474.9 (b) (1), •the applicant shall defend, indemnify, and hold any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void or annul, and approval.of the Tentative Parcel Map No. 23382 which; action is brought within the time period provided for Government Code Section 66499.37. (5) The site shall be maintained in a condition which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (6) All requirements of the Zoning Ordinance and of the underlying zoning of the subject property shall be complied with, unless otherwise set forth in the permit or shown on the approve plans. (7) The applicant shall satisfy the City's park obligation by contributing an in -lieu fee to the City prior to recordation of the final map per Code Section 2124.340. (8) The applicant shall pay development fees (including, but not limited to, Planning and Building and Safety Divisions and school fees) at the established rates, prior to issuance of building or grading permits, as required by the Community Development and Public Works Directors. (9) Prior to approval of the final map, the owner shall make a bona fide application to "The Country Estates" Association to annex this subdivision to that association. The owner shall be required to agree to annex upon recordation of the final map if all fees assessed by "The Country Estates" Association do not exceed the fees assessed per 6 lot for annexation to "The Country Estatesit Association for Tract No. 47722. (10) Conditions, Covenants, and Restrictions (CC&R's) and Articles of Incorporation of a homeowner's association are required and shall be provided to the Community Development Director and the City Attorney for review and approval prior to the recordation of the final map. A homeowners' association shall be created and responsibilities there of shall be delineated within the CC&R's or the homeowners' association shall be incorporated into "The Country Estates". The CC&R's and Articles of Incorporation shall be recorded concurrently with the final map or prior to the issuance of any City permits, whichever occurs first. A recorded copy shall be provide to the City. Engineer. (11) The CC&R's shall incorporate Exhibit "B" which delineates each lot's building envelope. (12) The applicant shall comply with the Mitigation Monitoring Program for Mitigated Negative Declaration No. 95-2. (13) The Mitigation Monitoring Program (MMP) fees shall be deposited with the City prior to issuance of a grading permit. Additionally, all costs related to the ongoing monitoring shall be secured from the subdivider and received by the City prior to the final map approval. (14) The parcel map shall be des*geed so- as to substantially comply with the CC&R's implemented by the adjacent development heretofore know as "The Country Estates". The CC&R's shall incorporate at a minimum, provisions which would establish a maintenance program for urban Pollutant basins and all mitigation measures within the Mitigation Monitoring Program. The CC&R's shall, to the fullest extent possible, be consistent with "The Country Estates'" CC&R's. (15) A clause shall be incorporated into the CC&R's which requires dispute involving interpretation or application of the agreement (between private parties) , to be referred to a neutral third party mediation service (name of service may be included) prior to any party initiating litigation in a court of competent jurisdiction. The cost of 7 such mediation shall be borne equally by the parties. (16) Grading and/or construction activities shall be restricted to 7:00 a.m. to 5:00 p.m., Monday through Saturday. All equipment utilized for grading and/or construction shall be properly muffled to reduce noise levels. Transportation of equipment and materials and the operation of heavy grading shall be restricted to 7:00 a:m. to 5:00 P•m•_-All equipment staging areas shall be located on the subject property. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities. Reclaimed water shall be used whenever possible. (17) Construction equipment and/or related construction traffic shall not be permitted to enter the project site from Hawkwood Road. (18) Parcel Map No. 23382 shall maintain a minimum 20 foot wide (open clear to the sky) paved access road along and within that public utility and public services easement on the westerly portion Of Lot 1 and between the cul-de-sac of Hawkwood Road and the knuckle of Steeplechase Lane, to the satisfaction of the Los Angeles County Fire 01 Department and the City Engineer. The access shall be indicated on the map .as a "Fire Lane". Vehicular or pedestrian gates obstructing the access stall be of an approved width and shall be provided only with locking devices and/or override mechanisms which has beeh approved by the Fire Chief. (19) The applicant shall prepare and submit to the Community Development Director for approval prior to the sale of the first lot of the subdivision, a "Buyers' Awareness Package" which shall include, but, not limited to, information pertaining to geologic issues regarding the property, wildlife corridors, oak and walnut tree preservation issues, the existence and constraints pertaining to SEA No. 15 and Tonner Canyon, Exhibit "B" which delineates each lot's building envelope, explan- atory information pertaining to restrictions on use of properties as necessary and similar related matter. The applicant shall institute a program to include delivery of a copy of the "Buyers' Awareness Package" to each prospective purchaser and shall keep on file in the applicant's office a 8 receipt signed by each such prospective purchaser indicating that the prospective purchaser has received and read the information in the package. The applicant shall incorporated within the CCiR's a reference to the availability of said package and the fact that a copy thereof is on file in the City of Diamond Bar's City Clerk's office. (20) The project applicant, through the "Buyer Awareness Program, shall encourage the segregation of green wastes for reuse as specified under the City's Source Reduction Recycling Element and County Sanitation District's waste diversion policies. (21) All down drains and drainage channels shall be constructed in muted earth tones so as not to impart adverse visual impacts. (22) Slopes in excess of five feet in vertical height shall be landscaped and irrigated for erosion control. Slope landscaping and irrigation shall be continuously maintained in a healthy and thriving condition by the developer until each individual lot or unit is sold and occupied by the buyer. Prior to releasing occupancy for the units, an inspection shall be conducted by the Planning Division to determine compliance with this condition. (23) Variable slope ratios of 2:1 to 4:1 shall be utilized within the indicated grading areas of each lot to the satisfaction of the City Engineer. (24) The emergency access gate at the terminus of Hawkwood Road shall be consistent, in design and materials, with existing gates .located at other access areas within "The Country'Estates". (25) Adjacent front yard setbacks shall vary no less than five (5) feet, beginning with a minimum setback of 20 feet from the front property line and no adjacent lots shall utilize the same front yard setback. Minimum required rear yard setbacks are 15 feet from the buildable pad's edge. Minimum side yard setbacks shall be 10 and 15 feet from the buildable pad's edge. (26) All proposed single family residential structures are required to comply with the City's Development Review Ordinance. 7 B. (27) Notwithstanding any previous subsection of this resolution, if the Department of Fish and Game requires payment of a fee pursuant to Section 711.4 of the Fish and Game Code, payment therefore shall be made by the Applicant prior to the issuance of any building permit or any other entitlement. (28) The subject property shall be maintained and operated in full compliance with the conditions of this. grant and any law, statute, ordinance or. .other regulations applicable to any development or activity of the subject properties. (29) This grant is valid for two (2) years and must be exercised (i.e. construction) within that period or this grant will expire. A one (1), year extension may be requested in writing, submitted to the City, 30 days prior to this grant's expiration date. PUBLIC WORKS DZPARTKZNT General (1) Prior to approval and recordation of the parcel map, written certification shall be submitted to the City from the Walnut Valley Water District (WVWD) that adequate water supply and facilities; from Los Angeles County Sanitation District (LACSD) that adequate sewage conveyance and treatment capacity; and from each public utilir'� and cable television purveyor that adequate supplies and facilities; are or will be available to serve the proposed project. Such letters must have been issued by the districts, utility companies and cable television company within ninety (90) days prior to parcel map approval. (2) A title report/guarantee and subdivision guarantee showing all fee owners and, interest holders, and nature of interest shall be submittedwhenTha check.. parcel map is submitted for map en account with the title company shall remain op until the parcel map is filed with the County Recorder. An updated title report/ guarantee and subdivision guarantee shall be submitted ten (10) working days prior to parcel map approval. (3) All easements existing prior to parcel map approval shall be identified and shown on parcel map. If an easement is blanket or indeterminate 10 in nature, a statement to that effect shall be shown on the parcel map in lieu of showing its location. (4) Based on -a field survey boundary monuments shall be set in accordance with the State Subdivision Map Act and local subdivision ordinance and shall be subject to approval by the City Engineer. (5) The Applicant/Subdivider, at Applicant/ Subdivider's sole cost and expense, shall. construct all required public improvements. If any required public improvements have not been completed by Applicant/ Subdivider and accepted by the City prior to the approval of the parcel map, Applicant/Subdivider shall enter into a subdivision agreement with the City and shall post the appropriate security, guaranteeing completion of the improvements, prior to parcel map approval. (6) Plans for all site grading, landscaping, irrigation, street, sewer, water and storm drain improvements shall be approved by the City Engineer prior to parcel map approval. (7) House numbering plans shall be submitted to and approved by the City Engineer prior to issuance of building permits. (8) The detail drawings and construction notes shown on the submitted tentative map are conceptual only and the approval of this tentative map shall not constitute approval of said notes. Gradinc (9) The final subdivision grading plans (1" - 40' or larger scale, 24" x 36" sheet format) shall be submitted to and approved by the City Engineer prior to issuance of any building or grading permits and prior to parcel map approval. (10) The Applicant/Subdivider, at the Applicant/ Subdivider's sole cost and expense, shall perform all grading in accordance with plans approved by the City Engineer. For grading not performed prior to Parcel Map approval an agreement shall be executed and security shall be posted, guaranteeing completion of the improvements prior to Parcel Map approval. 11 (11) Applicant/Subdivider shall submit to the City Engineer the detail grading and drainage construction cost estimate for bonding purposes of all grading, prior to approval of the parcel map. (12) Precise final grading plans for each parcel shall be submitted to the City Engineer for approval prior to issuance of _building or grading permits. (This may be on an incremental or composite. basis.) (13) Grading of the subject property shall be in accordance with the current Uniform Building Code and City's Hillside Management Ordinance, and acceptable grading practices.. The final subdivision and precise final grading plans shall be in substantial conformance with the grading shown as a material part of the approved Tentative Map. No driveway serving building area(s) shall exceed 15% grade. (14) All landslide debris shall be completely removed prior to fill placement or other approved remedial measures implemented as required by the final geotechnical report and 'approved by the City Engineer. (15) At the time of submittal of the final subdivision grading plan for plan check, a detailed soils and geology report shall be submitted in compliance with City guidelines to the City Engineer for approval. The report shall be prepared by a qualified registered geotechnical engineer and engineering geologist licensed by the State of California. All geotechnical and soils related findings and recommendations shall be reviewed and approved by the City Engineer prior to issuance of any grading permits and recordation of the parcel map. The report shall address, but not be limited to, the following: (a) Soil remediation measures shall be designed for a "worst case" geologic interpretation subject to verification in the field during grading. (b) naturalextent areasoshallany beremedial clearly definedgrading oninto the grading plans. (c) Areas of potential for debris flow shall be defined and proper remedial measures implemented as approved by the City Engineer. 12 (d) Gross stability of all fill slopes shall be _ analyzed as part of the geotechnical report, including remedial fill that replaces natural slope. (e) Stability of all proposed slopes shall be confirmed by analysis as approved by the City Engineer. Unstable slopes shall be redesigned or stabilized utilizing slope reinforcement. (f) All geologic data including landslides and exploratory excavations shall be shown on a consolidated geotechnical map using the final subdivision grading plan as a base. (g) Stability analyses of daylight shear keys with a 1:1 projection from daylight to slide Plane; projection plan shall have a minimum safety factor of 1. s . (h) All soils and geotechnical constraints (i.e. landslides, shear key locations, etc.) shall be delineated in detail with respect to proposed building envelopes. Restricted use areas and structural setbacks shall be considered and delineated prior to recordation of the final map. (i) All landslides must be shown on a consolidated geotechnical map. Specific remedial measures shall be implemented pursuant to the requirements of City Code and Ordinances. (j) Stability of back cuts (i.e. excavation of natural slopes) must be analyzed. (16) Final subdivision grading plans shall be designed in compliance with the recommendations of the final detailed, soils and engineering geology reports. All remedial earthworm specified in the final report shall be incorporated into the plans. (17) Grading plans shall be signed and stamped by a California registered Civil Engineer, registered Geotechnical Engineer and registered Geologist. (18) All identified geologic hazards within the tentative subdivision boundaries which cannot be eliminated as approved by the City Engineer shall be indicated on the parcel map as "Restricted Use Area" subject to geologic hazard. The subdivider shall dedicate to the City the right to prohibit the erection of buildings or other structures within such restricted use areas shown on the parcel map. 13 r-rc� (19) A drainage study and drainage improvement plans (24" x 36" sheet format) prepared by a California registered Civil Engineer shall be submitted to and approved by the City Engineer prior to parcel map approval. All drainage facilities shall be designed and constructed as required by the City Engineer and in accordance with County of Los Angeles standards. (20) The Applicant/Subdivider, at Applicant/ Subdivider's sole cost and expense, shall construct all drainage improvements in accordance With plans approved by the City Engineer. For drainage improvements not constructed prior to parcel map approval an agreement shall be executed and security shall be posted, guaranteeing completion of the improvements, prior to parcel map approval. Applicant/ Subdivider shall submit to the City Engineer the detail cost estimate for bonding purposes for all drainage improvements prior to parcel map approval. (21) The Applicant/Subdivider, at Applicant/ Subdivider's sole cost and expense, shall construct all facilities necessary for dewatering all parcels to the satisfaction of the City Engineer. For dewatering facilities not constructed prior to parcel map approval an agreement shall be executed and security shall be posted, guaranteeing completion of the improvements, prior to parcel map approval. Applicant/Subdivider shall submit to the City Engineer the detail cost estimate for bonding purposes for all dewatering improvements prior to parcel map approval. (22) Easements for disposal of drainage water onto or over adjacent parcels shall be delineated and shown on the parcel map as approved by the City Engineer. (23) All drainage improvements necessary for dewatering and protecting the subdivided properties shall be installed prior to issuance of building permits for construction upon any parcel that may be subject to drainage flows enter, leaving, or within that parcel for which a building permit is requested. 14 (24) An erosion control plan shall be submitted to and approved by the City Engineer prior to issuance of grading permits. (25) An offer of easements for drainage and drainage improvements, as required by the City Engineer, shall be made on the parcel map prior to parcel map approval. (26) Street improvement plans (24" x 36" sheet format) prepared by a California registered Civil Engineer shall be submitted to and approved by the City Engineer prior to parcel map approval. (27) The Applicant/Subdivider, at Applicant/ Subdivider's sole cost and expense, shall construct all street improvements in accordance with plans approved by the City Engineer. For street improvements not constructed prior to parcel map approval an agreement shall be executed and security shall be posted, guaranteeing completion of the improvements, prior to parcel map approval. Applicant/ Subdivider shall submit to the City Engineer the detail cost estimate for bonding purposes for all street improvements prior to approval of the parcel map. (28) New street centerline monuments shall be set at the intersections of streets, intersection of streets with the westerly boundary of Parcel 1 and the easterly boundary of Parcel 3 of Parcel Map 1528, and to mark the beginning and ending of curves or the points of intersection of tangents thereof. Survey notes showing the ties between all monuments set and four (4) durable reference points for each shall be submitted to the City Engineer for approval in accordance with City Standards, prior to issuance of Certificate. of occupancy. (29) Prior to any work being performed in public right- of-way, fees shall be paid and a construction permit shall be obtained from the City Engineer's Office for work in the City of Diamond Bar in addition to any other permits required. (30) No street shall exceed a maximum slope of 12% unless approved by the City Engineer. 15 (31) Base and pavement on all streets shall be constructed in accordance with a soils report and pavement thickness calculations shall be prepared by .a qualified and registered engineer and shall be approved by the City Engineer or as otherwise directed by the City Engineer. (32) The street light at _end of Hawkwood cul-de-sac -shall be constructed 'to the satisfaction of the City Engineer. (33) all utility lines shall be placed underground in and adjoining the proposed tentative subdivision map. (34) Curbs and gutters for cul-de-sac at end of Hawkwood shall be constructed to the satisfaction of the City Engineer. Sewer and Water (3 5 ) Prior to parcel map approval the subdivider shall submit an area study to the City Engineer and Los Angeles County Department of public Works to determine whether capacity is available in the sewerage system to be used as the outlet for the sewers in this land division. If the system is found to be of insufficient capacity, the problem shall be resolved to the satisfaction of the City Engineer and Los Angeles County Department of Public Works. (36) Each dwelling unit shall be served by a separate sewer lateral which shall not cross any other lot lines. The sanitary sewer system serving the :bdivision shall be connected to the City sewer Yates.s (37) Sewer system improvement plans (24" x 36" sheet format, 2 pages per sheet) prepared by .a California registered Civil Engineer shall be submitted to and approved by the City Engineer, Los Angeles County Department of Public Works, and Los Angeles County Sanitation Districts prior to parcel map approval. (38) The Applicant/Subdivider, at Applicant/ Subdivider's sole cost and expense, shall construct all sewer system improvements. For sewer system improvements not constructed prior to parcel map approval an agreement shall be executed and security shall be posted guaranteeing 16 aw completion of the improvements prior to parcel map approval. Applicant/ Subdivider shall submit to the City Engineer the detail cost estimate for bonding purposes for all sewer system improvements prior to approval of the parcel map. (39) The Applicant/ Subdivider shall obtain connection permit(s) from the City, Los Angeles County Public Works Department and County Sanitation District prior to issuance of building permits. The subdivision area within the tentative map boundaries shall be annexed into the County Consolidated Sewer Maintenance District and Los Angeles County Sanitation District No. 21. (40).An offer of easements for sewer system improvements, as required by the City Engineer, shall. be made on the parcel map prior to parcel map approval. (41) Domestic water system improvement plans, designed with appurtenant facilities to serve all parcels in the land division and designed to Walnut Valley Water District (WVWD) specifications, shall be provided and approved by the City Engineer .and WVWD. The system shall include fire hydrants of the type and location as determined by .the Los Angeles County Fire Department. The main lines shall be sized to accommodate the total domestic and fire flows to the.. satisfaction of the City Engineer, WVWD and Fire Department. (42)r,The Applicant/Subdivider, at Applicant/ ,Subdivider's sole cost and expense, shall construct all domestic water system improvements. For water system improvements. not constructed prior to parcel map approval an agreement shall be executed and security shall be posted, guaranteeing completion of the improvements, prior to parcel map approval. Applicant/Subdivider shall submit to the City Engineer the detail cost estimate for bonding purposes for all domestic water system improvements prior to approval of the parcel map. (43) Separate underground utility services shall be provide to each parcel, including water, gas, electric power, telephone and cable TV service, in accordance with the respective utility company standards. Easements that may be required by the utility companies shall be approved by the City Engineer prior to granting. 17 (44) An offer of easements for public utility and public services purposes, as required by the City Engineer, shall be made on the parcel map prior to parcel map I approval. (45) Applicant/Subdivider shall relocate and underground any existing on-site utilities as necessary and to the satisfaction of the City Engineer and the respective utility owner. (46) Reclaimed water system improvement plans, designed with appurtenant facilities capable of delivering reclaimed water to all portions of the subdivision and serving each parcel in the. subdivision and designed to Walnut Valley Water District (WVWD) specifications, shall be provided and approved by the city Engineer and WVWD. (47) Applicant/Subdivider, at 'Applicant/Subdivider's sole cost and expense, shall construct reclaimed water system improvements, including main and service lines capable of delivering reclaimed water to all portions of the subdivision. Applicant/Subdivider shall submit to the City Engineer the detail cost estimate for bonding purposes for all reclaimed water system improvements prior to approval of the parcel map. Aw (48) As reclaimed water supply is not currently available, Subdivider shall enter into agreement to design and construct system, to the satisfaction of the City Engineer and the Walnut Valley Water District. The system shall be designed to permit "switch over" of non-domestic services on each lot at such time a reclaimed water supply is available to' the subdivision. Irrevocable security shall be posted to guarantee the performance of this agreement. (49) The-Applicant/subdivider shall install portions of the reclaimed water system (main and irrigation service lines) capable of delivering reclaimed water to those designated areas, if any, of the subdivision for which the homeowners association is responsible for irrigation and/or landscape maintenance. This installation shall provide for a present connection to the domestic water system and shall include provisions for the switch -over to the future reclaimed water system. 18 The City Clerk shall: (a) Certify to the adoption of this Resolution; (b) This City Council hereby provides notice to Warren Dolezal of the Dolezal Family Limited Partnership that the time within which judicial review of the decision represented by this resolution must be sought is governed by the provisions of the California Code of. Civil Procedures, section 1094.6; and (c) Forthwith transmit a certified copy of this Resolution, by certified mail to: Warren Dolezal of the Dolezal Family Limited Partnership, 4251 S. Higuera Street, San Luis Obispo, CA 93401; APPROVED AND ADOPTED THIS THE 20TH DAY OF JUNE, 1995, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR BY: pf�yllis E. Papefi, Mayor I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the City Council held on the 20th day of June, 1995, by the following vote: AYES: COUNCIL MEMBERS: Ansari, Harmony, MPT/Werner and M/Papen NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ATTEST: Lyn" , Bur essCity Clerk 9 Y 19 8.1 NO DOCUMENT AVAILABLE CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. `LL__ TO: Honorable Mayor and Members of the City Council MEETING DATE: July 29, 1999 REPORT DATE: August 3, 1999 FROM: Terrence L. Belanger, City Manager TITLE: Ordinance No. 9 (1999) "An Ordinance Restricting Parking Within Diamond Bar Preferential Parking District No. 2 and Amending the Diamond Bar Municipal Code Accordingly" SUMMARY: The City Council has reviewed the parking situation on Fallow Field Drive and Pasco Court. At the July 6, 1999, City Council Meeting, the City Council amended Preferential Parking District No. 2 Ordinance creating "No Parking Any Time, Except by Permit" from 3200 Fallow Field Drive to Malad Court, including all of Pasco Court for residential parking. In addition, the Council created 10 employee parking permits for First Mortgage Corporation (FMC); on the east and west side of Fallow Field Drive, adjacent to the FMC building. However, after review of the Ordinance, the "No Parking Any Time, Except by Permit" would create a burden on the residents, when there is not a problem on the weekends and weeknights. The creation of "No Parking Any Time" would mandate that the residents obtain permits for any parking on the streets. Therefore, the First Reading of Ordinance No. 9 (1999) is being amended to read "No Parking 8:00 a.m. to 5:00 p.m., Monday Through Saturday". 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: oerrence L. Bel ger James DeStefano David G. Liu City Manager Deputy City Manager Deputy Director of Public Works CITY COUNCIL REPORT AGENDA NO. MEETING DATE: August 3, 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 No. 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 total 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 on June 1, 1999 the City Council reviewed the recommendations and requested Staff to bring back an Ordinance amending Preferential Parking District No. 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". At the July 6, 1999 City Council Meeting, the Preferential Parking District Ordinance was amended to create "No Parking Any Time" on Fallow Field Drive and Pasco Court. The Ordinance also created ten (10) employee parking permits for FMC, five on each side of Fallow Field Drive adjacent to their commercial building. However, after review of the amended Ordinance, the "No Parking Any Time" Restriction would create a burden on the homeowners to obtain Annual Parking Permits for their vehicles and Temporary Parking Permits for any weekend visitors. The "No Parking Any Time" would not allow residents to park in front of their homes overnight without a permit. The City currently does not have a method to dispense permits on weekends or overnight. W It is proposed that these signs be amended to read "No Parking, 8:00 a.m. to 5:00 p.m., Monday through Saturday, 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 C4anyonOn te wst se of Cut off i me rection for 201feet, eld Drive from the corner of Diamond Bar Boulevard/Brea there will be 5 employee parking spaces, prior to Pasco Court. 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 Sheriffs 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 ten 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 further 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 approved the removal of the "No Parking Anytime" signs along Diamond Canyon Road from Brea Canyon 3 Cut-off Road to a point 1,000 feet southerly (accommodating approximately 50 parking spaces). The removal of the signs will 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. On Diamond Canyon Road only 50 permits will be issued to FMC employees. Due to the modifications, a new first reading of the Ordinance is required. The modifications include amending the "No Parking Any Time, Except by Permit", to "No Parking, 8:00 a.m. to 5:00 p.m., Monday through Saturday, Except by Permit". All residents and FMC were notified in a letter on July 28, 1999 regarding the City's review of the existing parking restrictions and recommendation Report Prepared by: Kellee A. Fritzal Assistant to the City Manager 0 ORDINANCE NO.9 (1999) AN ORDINANCE AMENDING DIAMOND NG THEREIN AND AMENDINTIAL NG THE NG DISTRICT NO. 2, RESTRICTING 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, BY CITY COUNCIL AS FOLLOWS: CITY OF DIAMOND BAR DO 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, Purimose_. The purpose of the Diamond Bar Preferential Parking District No. 2 is to reduce noise, commercial parking ainethe of residential driveways and to allocate residential and. 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 Parking District No 2, Residential Parkinthang Restrictions. N4ga +h,-^ gh r,; day No Parking from 8:00 a.m. to 5: 00 p. m. Monday through Saturday 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 Saturday, except with a Commercial Parking Permit in the following areas: Street Location Fallow Field Drive East side of Fallow Field Drive from Diamond Bar BoulevardlBrea Canyon Cut -Off Road intersection for 166 feet, or to 44 feet south of 3200 Fallow Field Drive. West side of Fallow Field Drive from Diamond Bar BoulevardlBrea Canyon Cut-off Road for 120 feet. (e) Diamond Bar Preferential Parking District No. 2, No Parking Area. No parking anytime, in the following areas: Street Location Fallow Field Drive West side of Fallow Field Drive from Diamond Bar Boulevard/Brea Canyon Cut-off Road intersection from 120 feet of the intersection to the corner of Pasco Court. (fl (d4 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) (}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 '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 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: Terrence L. Belanger, City Manager MEETING DATE: August 3, 1999 REPORT DATE: July 26, 1999 FROM: Bob Rose, Community Services Director TITLE: Consideration of Street Tree Program SUMMARY: There are two issues included in this agenda item: A. Median Tree Planting and B. Species Continued on page 2 RECOMMENDED ACTION: A. It is recommended that the City Council approve the planting of 543 trees on the landscaped medians per the tree planting plan dated February 24,1999. It is further recommended that the City Council authorize the expenditure of up to $95,025 ($175 per tree), funded with Lighting and Landscape Maintenance District #38 funds, to plant the trees. Also, it is recommended that the City Council authorize the City Manager to execute the purchase order required to add this work to West Coast Arborists on-call tree planting contract, in the additional amount of $95,025. B. It is recommended that the City Council approve the proposed fifteen -year species replacement plan, with a first year cost of $20,325 for the removal of 30 Canary Island Pines, the planting of 30 Crape Myrtle trees on Golden Springs between the 57 Fwy over crossing and the western City Limit's and the removal of 435 tree well covers. It is further recommended that the City Council allocate $20,325 from General Fund reserves to fund this work. Also, it is recommended that he City Council authorize the City Manager to execute the purchase orders necessry for West Coast Arborists to remove 30 Canary Island Pines and plant 30 Crape Myrtle trees in the amount of an additional $9,450 to their existing on-call tree planting project; and for Charles Abbott Associates to remove 435 tree well covers in the amount of an additional $10,875 to their existing Public Works contract. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification _ Resolution(s) _ Bid Specifications (on file in City Clerk's office) _ Ordinance(s) X Other: Photos of Tree Species _ Agreement(s) EXTERNAL DISTRIBUTION: None SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? _ Yes X No 2. Does the report require a majority vote? X Yes _ No 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No What Commission? 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: nia VIEW QV rence L. Bela ger City Manager James DeStefano Deputy City Manager , q11 Bob Rose Community Services Director SUMMARY: (continued) Replacement Program. Median Tree Planting Program proposes to plant 543 trees on the landscaped medians on Diamond Bar Blvd. and Grand Avenue at a cost of $95,025. Funds are available in L.L.M.D. #38 for this project. The species replacement program proposes to replace Canary Island Pines, Brisbane Box and Jacaranda trees along the major arterials because of the damage these trees do to the hardscape. Canary Island Pines will be removed and replaced during a 15 -year phased program. A variety of flowering trees will be used as replacements, including: Cape Chestnut GoldenTrumpet Chinese Flame Goldenrain Chinese Fringe Hong Kong Orchid Chitalpa Jacaranda Coral Gum Lavender Trumpet Crape Myrtle Pink Flame Dwarf Leafed Purple Leaf Plum Purple Orchid Eastern Redbud Silk Floss Evergreen Pear Southern Magnolia Firewheel Tree Sweetshade Flame Tree Brisbane Box will be replaced through attrition with Tristania Laurina and Jacaranda trees will be replaced through attrition with Chinese Fringe, Trees that will be planted will all be sized as 24" box. Average annual cost for the phased 15 -year plan will be approximately $10,000. First year cost will include removal of raised tree well covers, removal of up to 30 hazardous trees and planting replacement trees. Total first year cost is expected to be $20,325, CITY COUNCIL REPORT MEETING DATE: August 3,1999 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Consideration of Street Tree Program Issue Statement This report is divided into two issues: A. Median Tree Planting Program B. Species Replacement Program Approval of recommendation A., Median Tree Planting, will result in the planting of 543 new trees on the landscaped medians. Approval of recommendation B., Species Replacement, will authorize staff to implement a replacement program for the Canary Island Pine, Brisbane Box and Jacranda species of trees. Recommendation: A. It is recommended that the City Council approve the planting of 543 24" box trees on the landscaped medians per the tree planting plan dated February 24,1999. It is further recommended that the City Council authorize the expenditure of up to $95,025 ($175 per tree), funded with Lighting and Landscape Maintenance District #38 funds, to plant the trees. Also, it is recommended that the City Council authorize the City Manager to execute the purchase order required to add this work to West Coast Arborists on-call tree planting contract, in the additional amount of $95,025. B. It is recommended that the City Council approve the proposed fifteen -year species replacement plan, with a first year cost of $20,325 for the removal of 30 Canary Island Pines, the planting of 30 Crape Myrtle trees on Golden Springs between the 57 Fwy overcrossing and the Western City Limits and the removal of 435 tree well covers. It is further recommended that the City Council allocate $20,325 from General Fund reserves to fund this work. Also, it is recommended that he City Council authorize the City Manager to execute the purchase orders necessary for West Coast Arborists to remove 30 Canary Island Pines and plant 30 Crape Myrtle trees in the amount of an additional $9,450 to their existing on-call tree planting project; and for Charles Abbott Associates to remove 435 tree well covers in the amount of an additional $10,875 to their existing Public Works contract. Financial Summary: A. Median Tree Planting Program — The cost to plant all 543 trees in the medians is $95,025. Funds are available in the L.L.M.D. #381999/2000 Fiscal Year budget. B. Species Replacement Program — First year cost of this program is $20,325. Funds are available in General Fund reserves. Annual cost for the next 15 years for this program is expected to be approximately $10,000. A. MEDIAN TREE PLANTING PROGRAM (Photos of tree species are in Attachment A) Background Staff has completed a survey of available tree planting space on the medians on Diamond Bar Blvd. and Grand Avenue, and there is room for 543 trees. Discussion Locations for tree planting are determined by open space available, line of sight requirements, signage visibility and maintenance needs (i.e. space between trees required for mowing). The species of trees being considered for the medians are: Cape Chestnut GoldenTrumpet Chinese Flame Goldenrain Chinese Fringe Hong Kong Orchid Chitalpa Jacaranda Coral Gum Lavender Trumpet Crape Myrtle Pink Flame Dwarf Leafed Purple Leaf Plum Purple Orchid Eastern Redbud Silk Floss Evergreen Pear Southern Magnolia Firewheel Tree Sweetshade Flame Tree The above species are all flowering trees that are appropriate for the available space and the planting conditions. Following are the median sections and planting sites available. Median Location Planting Sites On Grand Avenue - Pomona Fwy to Diamond Bar Blvd 71 - Diamond Bar Blvd to east City limits 81 On Diamond Bar Blvd - Pomona Fwy to Temple Avenue 70 - Grand Avenue to Pomona Fwy 108 - Pathfinder to Grand Avenue 128 - 57 Fwy to Pathfinder 85 Total Sites 543 Total cost to plant 543 trees @ $175 = $95,025 B. SPECIES REPLACEMENT PROGRAM (Photos of tree species are in Attachment A) Background There are several species of tree in Diamond Bar that are planted in locations inappropriate for these trees. The trees will ultimately grow to be too large for the space available at the location where the trees are currently planted. As these large trees mature, damage is done to the sidewalk, curb, gutter and street (hardscape) adjacent to the tree. The hardscape can be repaired, but the trees will only damage it again. These roots can be cut to limit future hardscape damage, but the City then assumes a tremendous level of liability should a large tree then fall and cause harm or property damage. The best method to limit both future hardscape damage and liability is to have a species replacement program. Such a program was presented to the City Council during a study session on July 20,1999. The City Council directed staff to develop a phased program that will maintain the uniform look of trees planted along the major arterials. Discussion The primary tree species that need to be replaced are the Canary Island Pine, Brisbane Box, and the Jacaranda. A brief review on each of these trees follows: Canary Island Pine — 456 trees on these major arterials: Brea Canyon Road, Diamond Bar Blvd,, and Golden Springs Drive. Estimated cost to remove and replace with 24" box is $315 per tree or $152,775. Staff has not found a replacement for the Canary Island Pine that looks similar, Therefore, a phased species replacement program is recommended over a period of 15 years at a cost of $9,576 per year. The phases will be separated by cross streets and the priority will be determined by current conditions, the worst being completed first. If this plan is acceptable, then staff will bring back the details of the phasing at a future City Council meeting. In the mean time, if a Canary Island Pine needs to be replaced more than 12 months prior to its phased replacement, it will be replaced with a 24" box Canary Island Pine (cost approximately $175 for the replacement tree). When the Canary Island Pine out grows its tree well cover, the tree well cover will be removed and replaced with decomposed granite at grade with the sidewalk and curb. As a matter of information, there are also 1,033 Canary Island Pine trees planted in residential areas of Diamond Bar. Brisbane Box — Staff has located a tree that looks similar to the Brisbane Box that is also appropriate for a 3'x3' tree well cut out: Tristania Laurina. Therefore, staff will replace the Brisbane Box species with 24" box Tristania Laurina on an attrition basis. The Brisbane Box trees are located on Grand Avenue east of Golden Springs to the eastern City limit, toward Chino Hills, When an existing Brisbane Box outgrows its tree well cover, the tree well cover will be removed and replaced with decomposed granite at grade with the sidewalk and curb. Jacaranda — Jacaranda trees are planted on Pathfinder west of Brea Canyon Road and on Brea Canyon Cut - Off. The recommended replacement tree is the Chinese Fringe. Both trees are deciduous and have a similar shape canopy. The obvious differences are the shape of the leaves and the color of the flowers. Jacaranda have purple flowers, Chinese Fringe have yellow flowers. Staff recommends that the Jacaranda be replaced through attrition. When the Jacaranda outgrows its tree well cover, the cover will be removed and replaced with decomposed granite at grade with the sidewalk and curb. Prepared by: Bob Rose, Community Services Director Attachment A — Photos of Tree Species i %J d Flom "OND 15. Palette �. rah *r..:: tee•.:-,«: i SVV'EETGU'!%,,l WWVU i 'T i . am 01. tot wax 4 _ $ M ■_�-��..��..��..�.\.\ w � y . \r • .'!� ,�; \ © pr . - � 4 ■_�-��..��..��..�.\.\ w l � i . r` . Y ��. �. � ��+.; .� .��. ��� Y. � 1 ;. ?� ks, I ' ' , h✓ �/ 11�' . irk'` } ,. DWARF LEAFED PURPLE LEAF PLUM iiw af- qkr Alp x 4w `5 AdMW er fi S.. F c„ k F i rlb,6a Al i�r�-i+a--w. ,. •Jv w i r � � n w 11 WJ 191f f9��j i Y A A� f 11 WJ 1pr.f4p i a LA VENDERTRUMPU'l''IRCU Mm i �j . �� a ' I: �` _ ,, , , ... Y S r :y7 QUEENSLAND PUTTOSPORUM '�lflff"TUVRNJ !%JAt-"VfAl IA S t I �,�,, . ,,:� �t ��s ,. r"'` A.,y j� i . }, i �� �� w �r __ ,1' f i' ' �? �� �, � <�. r`i. . '� `, � � �� la i i(. r Y;� �� r ��;,, 3 ' ' {� ,. �i� � , �. f i r.: r,,,i Y ���._ i.. �f .t ,tiff �W s � '�� 7 I k { I i s K I ,t 'i q j�a { �. .� �y� ;,t'` �„� I `;° ;f ert � � � �� i �' ate, i a �` �`.. .,.�. t . � � � . �,�,, ~_ � � �� °-M, �� CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: August 3, 1999 REPORT DATE: July 27, 1999 FROM: Bob Rose, Community Services Director TITLE: Consideration For Vertical Holiday Banners SUMMARY: The City Council is considering the installation of holiday banners in Diamond Bar to create a festive atmosphere for the community during the holiday season. Options that the City Council is considering include: 1.) Posting banners adjacent to shopping centers with financial support from the shopping centers - 308 banners; 2.) Posting banners along the full length of Diamond Bar Blvd. — 366 banners; 3.) Posting banners adjacent to shopping centers and along the full length of Diamond Bar Blvd. — 500 banners. The City is working with the Chamber of Commerce to determine the interest of the shopping centers to participate in this program. Cost of each banner is approximately $220 for material, printing, posting hardware and brackets, posting, removal, storage and cleaning of banners. RECOMMENDED ACTION: It is recommended that the City Council direct staff to post up to 308 holiday banners adjacent to the shopping centers in Diamond Bar. It is further recommended that the cost for purchasing and posting the banners be evenly split between the City and the adjacent shopping center, with banners posted only where shopping centers agree to provide such financial support. Also, it is recommended that the City Council authorize the use of up to $33,900 in funds from the General Fund, or, if found to be eligible, Redevelopment Agency. LIST OF ATTACHMENTS: X Staff Report _ Resolution(s) _ Ordinance(s) Agreement(s) EXTERNAL DISTRIBUTION: Public Hearing Notification _ Bid Specifications (on file in City Clerk's office) _ Other SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? _ Yes X No 2. Does the report require a majority vote? _ Yes X No 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No What Commission? 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: REVIEWED BY: Terrence L. Belanger James DeStefano City Manager Deputy City Manager 'r Bob gose Community Services Director CITY COUNCIL REPORT MEETING DATE: August 3,1999 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Consideration For Vertical Holiday Banners Issue Statement This agenda item provides the City Council with the opportunity to determine if vertical holiday banners should be posted in Diamond Bar. Recommendation It is recommended that the City Council direct staff to post up to 308 holiday banners adjacent to the shopping centers in Diamond Bar. It is further recommended that the cost for purchasing and posting the banners be evenly split between the City and the adjacent shopping center, with banners posted only where shopping centers agree to provide such financial support. Also, it is recommended that the City Council authorize the use of up to $33,900 in funds from the General Fund, or, if found to be eligible, Redevelopment Agency. Financial Summary The City is working with the Chamber of Commerce to determine if shopping centers are interested in participating in this project. The recommended action would result in the expenditure of up to $33,900 General and/or Redevelopment Funds. Background At its study session on July 6, 1999, the City Council discussed the concept of posting decorative vertical banners on the street lights at various locations throughout the City. Three alternatives were discussed that the City Council requested more details about. These alternative are: 1. Posting banners adjacent to shopping centers — 308 poles Total approximate cost: $67,760 2. Post banners on each pole the full length of Diamond bar Blvd, — 366 poles Total approximate cost: $80,520 3. Post banners adjacent to shopping centers and on each pole the full length of Diamond Bar Blvd. — 550 poles. Total approximate cost: $121,000 Also, the City Council requested that the Chamber of Commerce check with the shopping centers to see if there is an interest in sponsoring the banners adjacent to their center. Discussion The average cost for each holiday banner is $220. Thi includes nclu d s $80i o material and printing, $80 for brackets and poles, $40 to post and remove, and $20 fors g The shopping centers considered in this report are located as follows: Diamond Bar Blvd at Brea Canyon Road — 14 poles 14 poles Diamond Bar Blvd at Cold Spring Lane - 322 2 poles DB Blvd at Quail Summit to Clear Creek Canyon — poles DB Blvd at Golden Springs to 60 Freeway — 54 poles DB Blvd at Sunset Crossing to Highland Valley — g poles Golden Springs at Lemon — Golden Springs at Brea Canyon Road (including L.A. Fitness Development) -- 45 poles 19 poles Golden Springs at Prospectors to Torito Lane — Honda Dealer (and on Old Brea Canyon Road) — 12 poles Grand Ave at the 18 Poles Grand Ave at Montefino to Cleghorn — Brea Canyon Rd at Pathfinder (includes east &west of 57 Fwy &bridge over Fwy )— 35 poles Brea Canyon Rd at Golden Springs — Brea Canyon Rd north of 60 Fwy to Lycoming (no concrete poles north of Lycoming) — 26 poles Lemon north of 60 Fwy to north City Limits — Lemon between Golden Springs and 60 Fwy) (no concrete poles on Total Concrete Street Light Poles adjacent to shopping centers: 308 poles The number of poles along the full length of Diamond Bar Blvd. totals 366 poles. Total poles adjacent to shopping centers and along Diamond Bar Blvd. is 550 poles, (There are 124 poles adjacent to shopping centers that are also along Diamond Bar Blvd.) Prepared by: Bob Rose Community Services Director CITY OF DIAMOND BAR AGENDA REPORT AGENDA N0. � + TO: Terrence L. Belanger, City Manager MEETING DATE: August 3, 1999 REPORT DATE: July 27, 1999 FROM: Bob Rose, Community Services Director TITLE: Consideration For Proposed Millennium Eve Celebration SUMMARY: The coming of the new millennium has sparked an interest in the community for a City - sponsored celebration on December 31, 1999. Staff has developed a concept of having an event at the intersection of Grand Avenue and Diamond Bar Blvd. Included in the event will be fireworks, entertainment, food, attractions, and the makings for a general good time. Involvement from the local shopping centers and businesses at the intersection will be sought and residents in areas that may be disrupted will be notified. The total cost for this event will not exceed $106,500, and these funds could be made available by selling $150,000 of Proposition A Transportation reserves. Many residents will be seeking close -to -home opportunities at which to celebrate the new millennium and the chance for the City to conduct this event is a once-in-a-lifetime opportunity. RECOMMENDED ACTION: Staff recommends that the City Council approve the proposed community millennium eve celebration in the amount not to exceed $106,500. Staff further recommends that the City Council direct staff to offer for sale to the highest bidder $150,000 of Proposition A Transportation reserves to fund this event. Additionally, staff recommends that the City Council establish a sub -committee to plan, obtain financial support for and conduct this event. LIST OF ATTACHMENTS: X_ Staff Report _ Public Hearing Notification _ Resolution(s) _ Bid Specifications (on file in City Clerks office) _ Ordinance(s) X Other: Preliminary Budget Agreement(s) L.A. Times Article dated 7116199 EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? _ Yes X No 2. Does the report require a majority vote? X Yes _ No 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No What Commission? 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: REVIEWED BY: I C V4 T ence L. Belange City Manager James DeStefano Deputy City Manager ti �_ - 6eOose Community Services Director CITY COUNCIL REPORT MEETING DATE: August 3, 1999 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Consideration For Proposed Millennium Eve Celebration Issue Statement Shall the City plan and conduct a community celebration to usher in the new millennium on New Year's Eve, December 31, 1999. Recommendation Staff recommends that the City Council approve the proposed community millennium eve celebration in the amount not to exceed $106,500. Staff further recommends that the City Council direct staff to offer for sale to the highest bidder $150,000 of Proposition A Transporation reserves to fund this event. Additionally, staff recommends that the City Council establish a sub -committee to plan, obtain financial support for and conduct this event. Financial Summary The maximum total cost of this event is estimated to be $106,500. This cost can be reduced by obtaining event sponsors and in-kind contributions. The recommended funding level can be obtained by selling $150,000 of Propositin A Transportation reserves. There is an existing market for up to $400,000 in Prop A funds at.71/dollar. This sale could result in funds for the millennium eve celebration totallling $106,500. The estimated budget for this event is detailed in Attachment A. Background Although the new millennium does not officially start until the year 2001, New Years Eve this year is being touted as the end of the current millennium throughout the United States. Parties and celebrations are being offered everywhere and people are seeking ways to be a part of this once-in-a-lifetime event. Because of inflated costs imposed by traditional celebration destinations and concern over potential Y21K complications, many people are seeking close -to -home opportunities at which to celebrate the start of the new millennium. Staff has made some preliminary inquires about the possibility of the City hosting a New Years event, and so far the response has been positive. Community members on the City Birthday Celebration committee have offered to help plan and operate the event and businesses in the area being studied as the potential site for the event are intrigued. The City Council first received a report that proposed this event at a study session on July 20,1999, and staff was directed to agendize its consideration at a future regular City Cound meeting, Discussion This event is planned to be held at the intersection of Diamond Bar Blvd. and Grand Avenue. The goal is to have the support of the four major shopping centers at the intersection for parking and the involvement of the local businesses in the event. With the event at this major intersection, it will be necessary to re- route the traffic off Diamond Bar Blvd. and Grand Avenue into residential areas for the duration of the time needed to set-up, conduct and clean-up the event site. Staff will contact all the residents and businesses in the area of the detour routes and celebration site to lessen the burdens, Staff believes that this event can be successfully conducted, with as little community disruption as possible. However, there are arguments that can be made both in favor and against conducting the millennium eve celebration. Arguments In Favor of this Event ♦ The Celebration of the new millennium is a once-in-a-lifetime event. This opportunity will never come our way again ♦ Traditional New Years celebration destinations are more expensive this year due to packaging at higher cost, and the general public is wary of paying for services they don't want nor need, especially when offered at inflated prices (see L.A. Times article, Appendix B). ♦ Local employers are asking employees to be available for a fast response if Y2K concerns become a reality. (Appendix B) ♦ Many people are seeking close -to -home celebrations for a variety of reasons, (See Appendix B). ♦ There may be a shortage of local celebrations for Diamond Bar residents due to the early sellout of events planned for the limited number of facilities in and around Diamond Bar. Arguments Against this Event ♦ It is very expensive for a one -day event ♦ Potential for public criticism of the City in general and the City Council specifically ♦ Possibility of event becoming a campaign issue ♦ It will place a time constraint on staff that may temporarily affect other responsibilities ♦ There is considerable financial risk due to the need to pre -pay vendors for some services s Weather for the event is unpredictable ♦ Some elements considered essential for the event may be in short supply or vendors may take advantage of an environment that allows them to provide "services to the highest bidder" and lead them to break signed and pre -paid contracts ♦ Traffic re -directed into residential neighborhoods could be disruptive. Prepared by: Bob Rose, Community Services Director Attachment A - Preliminary Budget Attachment B - L,A, Times article from 7/16/99 Attachment A Proposed Millennium Celebration -Preliminary Budget - Fireworks $1,000 per minute/ 12 minutes recommended $12,000 Giant Set Piece/Happy New Year Message/2000 Year $1,000 Bands $2,000 per band/ four bands $8,000 Sound System $2,000 per system / two systems $4,000 Stage(s)/two @ $1,000 $2,000 Canopies/5 @ $350 $1,750 Propane Heaters/four to 12 @ $90 $1,080 Tables $750 Chairs $825 Barricades/Traffic Control $2,000 Sheriff's Deputies/Reserves — Deputies $5,500/Reserves $2,000 $7,500 Carnival Rides/Kiddie Area $8,000 Lighting $850 Booth rentals/Food Serving and Eating Areas $4,000 Generators w/ electrical technician $2,700 Sink Rentals $1,000 Special Event Insurance $1,000 Staff for Parking Control/Security/Set-up/Take-down/Clean-up $8,000 Marketing Efforts $5,000 Portable Restrooms with hand washing sink & lights/$85ea X 16ea $1,400 Sub -Total Estimate $72,855 Contingency/30% (additional $21,857) Sub -Total $94,712 Estimated cost to charge for entry $11,788 (Portable perimeter fencing, additional security at gates, tickets/wristbands, etc.) Grand Total Estimate $106,500 4 F MDAY coo -AMA" * JULY 16, 1999 CC i High Prices Putting a Cork in L.A.'s New Year Travel Plans ■ Tourism: Room and tour costs for the changeover, plus Y2K fears, will keep many locals from going far. By STEPHEN GREGORY SPECIAL TO THE TIMES Despite expectations that travel over this New Year's holiday could hit national and even global highs, many Southern Californians are opting to stay close to home for the dawn of 2000, travel industry observers say, largely because of perceived price gouging by hotels and tour operators looking to cash in on the fervor surrounding the much -ballyhooed changeover. Fears over possible computer prob- lems arising from the rollover to 2000 could also be tempering New Year's wanderlust, because a number of com- panies are requiring many of their employees to report in or stay on call to respond to possible glitches and break- downs over the holiday weekend. Yet despite Y2K computer concerns, domestic travel this New Year's is still expected to top last year's record of roughly 45.2 million vacationers. A healthy economy, coupled with the sense of history surrounding the holi- day, should be enough to push this year's levels to new highs, said Dexter Koehl of the Travel Industry Assn. of Please see TRAVEL, C5 Attachment B TRAVEL: Many Locals Won't Be Going Far for New Year's Continued from Cl `'Los Angeles is not the destina- tion for the millennium traveler America, a Washington -based re- that New York would be, obvi- search and lobby group. "The ously," said Greg Velasquez, reser- foundation is clearly there vations manager for the Four Sea - for a record no matter how you look sons Hotel in Los Angeles. at it," Koehi said. Indeed, two of the three busiest But not necessarily for Los An- geles. With less than air carriers at Los Angeles Interna- six months to go before the new year, the region tional Airport, United Airlines and American Airlines, report that has failed to emerge as a hot spot for out-of-town reservations to fly into and out of revelers. Nor is L.A. shaping up as a point the region over New Year's are no higher now than they were in of exodus for local ringers -in. That, however, is not automatically bad recent years at this time. South - west Airlines, news for local hotels, many of ! the airport's No. 2 ' carrier, has not yet started taking which are reporting brisk reserva- tions for New Year's from Southern reservations for the period. "For the most part, it's business Californians who have decided to usher in 2000 close to home. as usual," United spokesman Joe Hopkins Even with a constant drumbeat said. Domestic locations shaping up as hot spots for United Of hype over the event, area travel include Florida, Las Vegas, Hawaii agents report widespread apathy i. and Phoenix. toward venturing forth during the Dec. 31 -Jan. l holiday. I' Although United did not provide ' "I think people are really scared exact figures, spokesman Matt Triaca said bookings for the New off by the prices," said Janet Szabo with West Hollywood -based Pas- Year's period overall "are ahead of last sages Travel, who has had inquir- year" at this time. American Airlines reported that ies but few bookings for the period, Susan Dushane, domestic bookings for the period an agent with Travel by Greta in Northridge, "For were up 4% over last year, with Florida largely driving the in - agrees: the most part, people crease. Reservation rates for Los are saying, 'Let'sjust stay home this year.' ' Angeles, however, were pretty For some, it's not a choice. Sank much in step with previous years at this time, of America, for example, has spokesman John Hotlyd said. scheduled its entire technology and operations division, about one-third But if people aren't coming here, they aren't necessarily leaving, of its 170,000 employees worldwide, 'to stay on call near their homes in droves either. or assigned workplaces over the pe- "We High prices and refund restric- tions on tour packages, air fare and riod. want the year-end to be a ' nonevent for our customers, and to cruises have rubbed maty would-be local travelers the make it a nonevent requires a lot of work on our part," bank spokes- wrcmg way, said Ada Brown, owner - of Seaside woman Sharon Tucker said. Meanwhile, Travel in Long Beach. Although she has booked a ngm- Southern California ber of clients on cruises and Euro Edison also plans to have 500 technical and support employees at - pean getaways over New Years, Brown said she expected reser{ work Dec. 31 and Jan. 1, utility spokesman Steve Hansen a - tion rates to be stronger at this said. Normally, only a skeleton crew of 84 point. High travel costs, she said, appear to be the main culprit comes in over New Year's. Edison employs nearly 14,000. dampening demand. With sotne cruise But those who can and want to ship packages going for $60,000 and Las Vegas hotel rooms travel over the holiday are, to a fetching up to $2,000 a night large extent, opting for traditional Brown said, "redly many clients vacation destinations. A survey of have been turned off by the rates." nearly 500 members of the Ameri- Stanley Malamed, a West Ills can Society of Travel Agents anesthesiologist, is among th4m. (ASTA) ranked cruises as the No. l "Everything is just about threeto choice, followed by Las Vegas, the four times more expensive than it is Caribbean, Hawaii, Florida, New normally," said Malamed, who de - York and Europe. The nation's tided to stay home after checking second-largest city, on the other into a Caribbean cruise for him -and hand, didn't even crack the list of his wife. "The rates are just incred- the most frequently booked desti- ibly outrageous." nations for the period. 4 In its June survey, ASTA find 80% of the travel agents polled reported that prices for travetiver New Year's are up more than o. But Brown believes some of those prices will start coming m the next several weeks ' an effort to spark more demand among tourists. "Come the end of summer, I think we'll see them offeringintore affordable rates," she said. In the meantime, it appears that many Southern Californians are planning to spend their money on local hotels. In fact, local resilgnts are expected to make up the On's share of the regions hotel bookings over the period, said MichaelEeol- lins, who tracks the area's hos f$tal- ity industry for the Los Angeles Convention & Visitors BureauMc- cupancy is going to be high, b0it's going to be mostly local," he said. Booking rates are strong despite a raft of first-ever restrictioNr on reservations over the holidayi:'the Beverly Hills Hotel and,51the Peninsula, for instance, are requir- ing minimum stays of two nights and also are requesting full, ndwe- fundable payments up toi'itive months in advance of New Ylvar's Ewe to ensure that guests remain committed to their reservatirCns. Rooms at both hotels ovec.'the period are running betweeno$340 and $3,000 a night. The Regent Beverly WilshU6 in Beverly Hills is also asking aAwo- night minimum with a deposit of 25% at the time of booking ite the restrictions, more than of the hotel's 395 rooms already Glave been booked for the period, with eight out of 10 of those goigi to guests living within a 90-m*h ra- dius, said Bill Doak, the hotel's 'director of marketing. A few mils east, the Foul Fea- sons Hotel receives about a Qgll a day from locals asking aboutNew Year's availability and prices,,=Ve- lasquez said. "I don't think we're going to have people from oA4 of town," he said. "[Los Angelge] is not truly a destination for.11iew Year's Eve as far as we know.' f, Although some hotels, sug11 as the Regent Beverly Wilshire,' are counting on strong contingents of foreign guests, overall internatOnal bookings to Los Angeles are Aug- gish, said Lars Borg, with ...New Travel avel Professi@ als Inc., which makes domestic U*vel arrangements for roughly 204000 foreign visitors a year. "As f r as confirmed business for New Year's, it's a soft year at this point fot4Los Angeles,' ;s PA 3. "4 REDEVELOPMENT AGENCY OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE BOARD OF DIRECTORS JULY 20, 1999 CALL TO ORDER: Chairman Ansari called the meeting to order at 9:20 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; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Mike Nelson, Communications and Marketing Director, and Lynda Burgess, Agency Secretary. PUBLIC COMMENTS: None CONSENT CALENDAR: VC/Huff moved, AM/Herrera 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 July 6, 1999 - As submitted. 3.2 APPROVED VOUCHER REGISTER - dated July 20, 1999 in the amount of $5,654.52. 4. PUBLIC HEARINGS: None 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. AGENCY MEMBER COMMENTS: Chair/Ansari stated that she and VC/Huff would hold a Redevelopment Committee meeting next week. She acknowledged the opening of Cafe Illustrado on the site formerly occupied by Casa O'Brien's Restaurant. JULY 20, 1999 PAGE 2 REDEVEL. AGENCY AGENCY ADJOURNMENT; There being no further business to conduct, Chair/Ansari adjourned the meeting at 9:22 p.m. ATTEST: Chairman LYNDA BURGESS Agency Secretary DIAMOND BAR REDEVELOPMENT AGENCY INTEROFFICE MEMORANDUM TO: Chairman Ansari and Board of Directors FROM: Linda G. Magnuso�inance Director SUBJECT: voucher Register, August 3, 1999 DATE: July 29, 1999 Attached is the voucher Register dated August 3,1999 for the Diamond Bar Redevelopment Agency. The checks willis be vedduced after any recommendations and the final app Please review and sign the attached. DIAMOND BAR REDEVELOPMENT AGENCY VOUCHER REGlSrER APPROVAL The attached listing of vouchers dated August 3, 1999 have been reviewed, approved, and recommended for payment. Payments are hereby allowed from the following Funds ir these amounts FUND DESCRIPTIO� 610 REDEVELOPMEN� A3ENCY FUND REPORT FOR ALL FUNDG APPROVED BY: Finance Director Terrence L Bel� . anger Rooert S. Huff Executive Director Vice Chairman VOUCHERS TOTAL 3,522'44 3,522.44 3,522^** 3,522.44 RUN DATE' 07/2419799 111-228".55 �� MARRI571 HOTEL & TENNIS CLUB pICHARDS WATSON � GE�SHON DIAMO*L BAR REDEVELOPMEm AGENC VOUCHER REGI5TER DUE. THRU. 08/O3/1999 �O # JNVOlCE DE5[RlPTTO% CRA CONF S/12 13'CMGR TDTAL P8EP�IJS TOTA­ YO7�S INE VENDOR 1V166J RDA LEGA� SVCS'M�� T3�HL PREPAIDS T0A� V3U��ER5 T�74� DU� V�K�GR n Z DC-­T���:�R PAGE: 1 ���� 3.391.40 .00 3,��44 J,�2.44 DIAMOMD BAR REDEVELOPMENT AGENCY AGENDA REPORT AGENDA N0. TO: Terrence L. Belanger, Executive Director MEETING DATE: August 03, 1999 REPORT DATE: July 26, 1999 FROM: Linda G. Magnuson° Finance Director TITLE: Treasurer's Report — June 30, 1999 SUMMARY: Submitted for the Redevelopment Agency Board's review and approval is the Treasurer's Statement for the month of June 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? N/A _Yes _ No Report discussed with the following affected departments: REVIEWED BY: Terrence L. Belang r Executive Director DEPARTMENT HEAD: Linda G. Magnus n Finance Director DIAMOND BAR REDEVELOPMENT AGENCY REPORT AGENDA NO. MEETING DATE: August 3, 1999 TO: Chairman and Members of the Board FROM: Terrence L. Belanger, Executive Director SUBJECT: Treasurer's Statement — June 30, 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 June 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 June 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. Maqnuson UTAMUNU DAFT REUCVELUrMENT AUENGY TREASURER'S MONTHLY CASH STATEMENT June 30,1999 BEGINNING TRANSFERS ENDING BALANCE RECEIPTS DISBURSEMENTS IN (OUT) BALANCE REDEVELOPMENT AGENCY FD $1,017,743.64 $9,502.75 $1,008,240.89 TOTALS $1,017,743 64 $000 $9,502.75 $0.00 $1,008,240.89 SUMMARY OF CASH: DEMAND DEPOSITS: GENERAL ACCOUNT $25,200.39 TOTAL DEMAND DEPOSITS $25,200.39 INVESTMENTS: TIME CERTIFICATES 983,040.50 LOCAL AGENCY INVESTMENT FD 0.00 TOTAL INVESTMENTS $983,040.50 TOTAL CASH $1,008,240.89 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 LAIF investment yield. L.A.I.F - Effective Yield for June 1999 5.095% Certificate of Deposit Yield (11/16/98 - 5/16/99) 4.500% Terrence L. Belanger, Treasurer